DISTANCE SALES AGREEMENT AND TERMS
ARTICLE 1 - PARTIES OF THE AGREEMENT
SELLER: Mertcan Metal Alüminyum San. ve Tic. Ltd. Şti.
Address: Acısu, Vatan Cd. No:8 41080 Kartepe/Kocaeli
E-mail: sales@mertcanmetal.com.tr
Phone: 0553 267 91 61
BUYER: Customer
ARTICLE 2 - SUBJECT OF THE AGREEMENT
The subject of this agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation, regarding the sale and delivery of the goods/services ordered by the Buyer electronically from the Seller's website, having the qualities mentioned in the agreement and at the sales price specified in the agreement. The Buyer acknowledges and declares that they are aware of the basic characteristics, sales price, payment method, delivery conditions, and all preliminary information regarding the goods/services subject to sale, as well as the "right of withdrawal," and that they have confirmed this preliminary information electronically and subsequently ordered the goods/services under the provisions of this agreement. The preliminary information and invoice on the payment page at www.mertcanmetal.com are integral parts of this agreement.
ARTICLE 3 - DATE OF THE AGREEMENT
This two-copy agreement, previously signed by the Seller, has been signed and accepted by the Buyer on .... date, and a copy will be sent to the Buyer's e-mail address.
ARTICLE 4 - DELIVERY OF GOODS/SERVICES, PLACE OF PERFORMANCE AND METHOD OF DELIVERY
The goods/services will be delivered to .... at the address .... where the Buyer has requested delivery.
ARTICLE 5 - DELIVERY COSTS AND PERFORMANCE
Delivery costs are borne by the Buyer. If the Seller has announced on the website that delivery costs will be covered for purchases above a certain amount or that free delivery will be made within the scope of a campaign, the delivery cost belongs to the Seller. Delivery is made as soon as possible after the stock is available and the payment has been transferred to the Seller's account. The Seller delivers the goods/services within 30 (thirty) days from the order date and reserves the right to extend this period by an additional 10 (ten) days with written notice. If the goods/services payment is not made or is cancelled in bank records, the Seller is considered to be released from the obligation of delivering the goods/services.
ARTICLE 6 - BUYER'S DECLARATIONS AND COMMITMENTS
The Buyer shall inspect the goods/services subject to the agreement before receiving them; and shall not accept damaged or defective goods/services that are dented, broken, torn packaging, etc. from the cargo company. The received goods/services shall be deemed undamaged and intact. After delivery, the obligation to carefully protect the goods/services belongs to the Buyer. If the right of withdrawal is to be exercised, the goods/services must not have been used. The invoice must be returned. If the Buyer's credit card is used by unauthorized persons unlawfully or illegally through no fault of the Buyer after the delivery of the goods/services, and the relevant bank or financial institution does not pay the goods/services price to the Seller, the Buyer is obligated to send the goods/services to the Seller within 3 (three) days, provided that they have been delivered to them. In this case, delivery expenses belong to the Buyer.
ARTICLE 7 - SELLER'S DECLARATIONS AND COMMITMENTS
The Seller is responsible for delivering the goods/services subject to the agreement in a sound, complete, and in accordance with the specifications stated in the order, along with warranty documents and user manuals if applicable. If the goods/services subject to the agreement are to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible for the refusal of delivery by the person/organization. The Seller returns the goods/services price and any negotiable instruments within 10 (ten) days after receiving the withdrawal notification. The goods/services are taken back within 20 (twenty) days. With justified reasons, the Seller may provide goods/services of equal quality and price to the Buyer before the performance period in the agreement expires. If the Seller considers that the performance of the goods/services has become impossible, they shall notify the Buyer before the performance period expires. The paid amount and any documents are returned within 10 (ten) days. Defective or broken goods/services, whether they are goods/services sold with a warranty certificate or not, can be sent to the Seller for necessary repairs within warranty conditions; in this case, delivery costs will be covered by the Seller.
If your return is not due to an error by Mertcan Metal, Mertcan Metal will not refund the initial shipping fee you paid.
ARTICLE 8 - CHARACTERISTICS OF THE GOODS/SERVICES SUBJECT TO THE AGREEMENT
The type and kind, quantity, brand/model, color and sales price including all taxes of the goods/services are as stated in the product/service description page on the website www.mertcanmetal.com and in the invoice, which is an integral part of this agreement.
ARTICLE 9 - CASH PRICE OF THE GOODS/SERVICES
The cash price of the goods/services is available in the sample invoice sent by e-mail at the end of the order and in the invoice sent to the customer with the product.
ARTICLE 10 - INSTALLMENT PRICE
The installment price of the goods/services based on the term is available in the sample invoice sent by e-mail at the end of the order and in the invoice sent to the customer with the product.
ARTICLE 11 - INTEREST
The interest rate determined by the Government of the Republic of Turkey each year shall not exceed 30% in any case. The Buyer is responsible to their bank.
ARTICLE 12 - DOWN PAYMENT AMOUNT
The down payment amount of the goods/services is available in the sample invoice sent by e-mail at the end of the order and in the invoice sent to the customer with the product.
ARTICLE 13 - PAYMENT PLAN
If the Buyer makes a purchase with a credit card and in installments, the installment plan selected from the website is valid. In installment transactions, the relevant provisions of the agreement signed between the Buyer and the cardholder bank apply. The credit card payment date is determined by the contract provisions between the bank and the Buyer. The Buyer can also track the number of installments and payments from the account statement sent by the bank.
ARTICLE 14 - RIGHT OF WITHDRAWAL
The Buyer may exercise the right of withdrawal within 7 (seven) days from the delivery of the goods/services subject to the agreement to themselves or to the person/organization at the indicated address. (Custom orders are excluded from this scope.) To exercise the right of withdrawal, a notification must be made to the Seller's customer service via e-mail or telephone within the same period, and the goods/services must not have been used in accordance with the provisions of Article 15 and the preliminary information published on www.mertcanmetal.com. In the event of exercising this right, it is mandatory to return the original invoice for the goods/services delivered to a third party or the Buyer. The goods/services price is refunded to the Buyer within 7 days following the arrival of the returned product to the Seller. If the original invoice is not sent, VAT and any other legal obligations cannot be refunded to the Buyer. The delivery cost of the goods/services returned due to the right of withdrawal is covered by the Seller.
ARTICLE 15 - GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Goods/services that cannot be returned by nature, custom orders (metal/aluminum cutting and production works prepared in special measurements and specifications according to the Buyer's requests or clearly their personal needs), products with damaged packaging, goods/services that deteriorate rapidly and whose expiration date has passed, single-use goods/services, hygienic goods/services, and all kinds of software and programs. Additionally, for all kinds of software and programs, various media (DVD, CD, etc.), computer and stationery consumables (toner, cartridge, ribbon, etc.), and cosmetic materials, the goods/services must not have been opened, damaged, or used in order to exercise the right of withdrawal.
ARTICLE 16 - DEFAULT AND ITS LEGAL CONSEQUENCES
If the Buyer defaults on transactions made with a credit card, they will pay interest within the framework of the credit card agreement made with the cardholder bank and will be responsible to the bank. In this case, the relevant bank may resort to legal remedies; may demand the expenses incurred and attorney fees from the Buyer; and in any case, if the Buyer defaults on their debt, the Buyer agrees to pay the Seller's damages and losses arising from the late performance of the debt.
ARTICLE 17 - COMPETENT COURT
For disputes arising from this agreement, Consumer Arbitration Committees up to the value announced by the Ministry of Commerce, and Consumer Courts above the specified value; Civil Courts of First Instance where they are not available, are authorized.