Distance Sales Agreement

1. PARTIES

This Distance Sales Agreement (" Agreement "); has been established electronically between the buyer (" BUYER ") , whose information is specified in Article 6 of this Agreement, and Mim Çay Sanayi Ve Dış Ticaret Limited Şirketi (" SELLER "), headquartered at Ömerli Mah. Uran Cad. No:17 İç Kapı No 1 Çekmeköy / İstanbul, within the framework of the terms and conditions set out below.

2. DEFINITIONS

In the application and interpretation of this Agreement, the following terms will have the meanings written opposite them.

BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes.

Minister: Minister of Commerce,

Ministry: Ministry of Commerce,

Service: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit.

Website: SELLER's website named www.mimandmore.com,

Law: Consumer Protection Law,

SELLER: A natural or legal person who offers goods or services to consumers or acts on behalf of or on behalf of the person who provides goods or services for commercial or professional purposes.

Orderer: A natural or legal person who requests a good or service through the SELLER's website www.mimandmore.com,

Contract: This Distance Sales Contract concluded between the SELLER and the BUYER,

Parties: SELLER and BUYER,

Product or Products: Movable goods, real estate for residential or holiday purposes, and all kinds of intangible goods such as software, sound, images and similar goods prepared for use in electronic media, which are subject to shopping.

Regulation: Distance Contracts Regulation.

3. SUBJECT

The subject of this Agreement is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law and Regulation regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically through the SELLER's Internet Site.

4. MATTERS ABOUT WHICH THE BUYER WAS INFORMED IN ADVANCE

4.1. The BUYER accepts that he/she has reviewed, read, understood and been provided with all general and special explanations on the relevant pages and sections of the Website before the BUYER accepts and establishes this Agreement on the Website and before placing an order or assuming the payment obligation.

• Basic characteristics of the Product or Service subject to the contract;
• SELLER's title, MERSİS number, contact information and current introductory information;
• Appropriate tools and methods for the sales process stages when purchasing the Products from the Website and for correcting incorrectly entered information;
• The confidentiality, data usage-processing and electronic communication rules applied by the SELLER for the BUYER information and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the methods of exercising the rights of the parties;
• Shipping restrictions for the products as stipulated by the SELLER;
• Payment methods and instruments accepted by the SELLER for the Products subject to the contract, basic features and characteristics of the Products, total price including taxes (total price to be paid by the BUYER to the SELLER, including relevant expenses)
• Information on the procedures for delivering the Products to the BUYER and shipping-delivery-cargo costs;
• Other payment/collection and delivery information regarding the Products and information regarding the performance of the Agreement, and the responsibilities of the parties in these matters;
• Products and other goods and Services for which the BUYER does not have the right of withdrawal;
• In cases where the BUYER has the right of withdrawal, the conditions, duration and procedure for exercising this right and the fact that the BUYER will lose his right of withdrawal if the right is not exercised in due time;
• For Products with a right of withdrawal, if the Product is damaged or altered due to not being used in accordance with the instructions for use, its normal operation or technical specifications within the withdrawal period, the BUYER's withdrawal request may not be accepted and he/she will be liable to the SELLER in any case. In cases where the SELLER accepts the product, he/she may deduct an amount he/she deems appropriate based on the damage or alteration in question from the refund to be made to the BUYER;
• In cases where the right of withdrawal exists, how the Products can be returned to the SELLER and all related financial matters (including return methods, costs and refund of the Product price and discounts and offsets that can be made for the reward points earned/used by the BUYER during the return);
• Details of the conditions (special conditions) for benefiting from various opportunities that may be applied from time to time on the BUYER's Website;
• Depending on its nature, this Agreement and all other sales terms included in this Agreement may be stored and accessed by the BUYER for a period of time as it is sent to the BUYER via e-mail after being approved and established on the Website by the BUYER, and the SELLER may keep it for a period of three years;
• In case of dispute, the BUYER may submit his complaints to the SELLER via contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law.

5. SELLER INFORMATION

Title: Mim Tea Industry and Foreign Trade Limited Company Address: Ömerli Mah. Uran Cad. No:17 İç Kapı No 1 Çekmeköy / İstanbul Phone: [●] E-mail address: [●]

6. ORDERER / BUYER INFORMATION

Name/Surname/Title: [ to be filled in via the system within the scope of the order ]

Phone: [ to be filled in through the system within the scope of the order ]

Fax: [ to be filled in via the system within the scope of the order ]

Email/Username: [ to be filled in via the system within the scope of the order ]

7. DELIVERY INFORMATION

Person to be Delivered: [ to be filled in through the system within the scope of the order ]

Delivery Address: [ to be filled in the system within the scope of the order ]

Phone: [ to be filled in through the system within the scope of the order ]

Fax: [ to be filled in via the system within the scope of the order ]

Email/Username: [ to be filled in via the system within the scope of the order ]

8. BILLING INFORMATION

Name/Surname/Title: [ to be filled in via the system within the scope of the order ]

Phone: [ to be filled in through the system within the scope of the order ]

Fax: [ to be filled in via the system within the scope of the order ]

Email/Username: [ to be filled in via the system within the scope of the order ]

9. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION

9.1. The basic features of the Product/Products/Service (type, quantity, brand/model, color, number) are available on the SELLER's website. In terms of campaigns, the basic features of the Product can be viewed on the website during the campaign period.

9.2. The prices listed and announced on the Website are the sales prices. Advertised prices and promises are valid until updated or changed. Prices announced for a limited period are valid until the end of the specified period.

9.3. The sales price of the Product or Service subject to the contract, including all taxes, is shown in the table below.

• Total product price excluding shipping: [ to be filled in the system within the order ]
• Shipping Fee: [ to be filled in the system within the scope of the order ]
• Total Price Including Shipping: [ to be filled in the system within the scope of the order ]

 

Delivery Address: [ to be filled in the system within the scope of the order ]

Person to be Delivered: [ to be filled in through the system within the scope of the order ]

Billing Address: [ to be filled in via the system within the scope of the order ]

Order Date: [ to be filled in the system within the scope of the order ]

Delivery Method: [ to be filled in the system within the scope of the order ]

9.4. The shipping fee, which is the cost of shipping the product, and any other additional charges such as taxes, duties and fees will be paid by the BUYER.

10. GENERAL PROVISIONS

10.1. The BUYER acknowledges, declares, and undertakes to have read and been informed of the basic characteristics, sales price, payment method, and delivery preliminary information regarding the Product subject to the Agreement on the Website, and to have provided the necessary confirmation electronically. By electronically confirming the Preliminary Information, the BUYER acknowledges, declares, and undertakes to have obtained the address to be provided to the BUYER by the SELLER before the distance sales contract is established, the basic characteristics of the ordered products, the price of the products, including taxes, and payment and delivery information, all of which are accurate and complete.

10.2. Each Product subject to this Agreement will be delivered to the BUYER or the person and/or organization at the address specified by the BUYER within the period specified in the preliminary information section on the Website, depending on the distance from the BUYER's residence, not exceeding the legal period of 30 days. If the SELLER fails to fulfill its obligations within this period, the BUYER may terminate the Agreement. The delivery date of the Products specified as "estimated delivery date" on the Website is an estimate and does not constitute any commitment. These Products will be delivered to the BUYER within 30 days at the latest, as specified by legislation.

10.3. The SELLER accepts, declares and undertakes to deliver the product subject to the contract in full, in accordance with the specifications specified in the order and with warranty documents, user manuals, and any necessary information and documents; to perform the work in accordance with the standards and in accordance with the legal regulations, free from all defects, on the basis of honesty and integrity; to maintain and improve the service quality; to show the necessary care and attention during the performance of the work and to act with caution and foresight.

10.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the Contract.

10.5. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the Product subject to the Agreement, and that if the price of the Product subject to the Agreement is not paid for any reason and/or the transaction is cancelled in the records of the bank or financial institution, the SELLER's obligation to deliver the Product subject to the Agreement will be terminated.

10.6. If the price of the Product subject to the Agreement is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the BUYER's credit card by unauthorized persons after the Product subject to the Agreement has been delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares and undertakes to return the Product subject to the Agreement to the SELLER within 3 (three) days, with the shipping costs being borne by the SELLER.

10.7. The BUYER shall inspect the Product/Service subject to this Agreement before accepting delivery; it will not accept damaged or defective Products/Services such as crushed, broken, torn packaging, etc. from the cargo company. The Product/Service received will be deemed undamaged and intact. The BUYER is responsible for the careful preservation of the Product/Service after delivery. If the right of withdrawal is to be exercised, the Product/Service must not be used. The invoice must be returned.

10.8. If the BUYER and the credit card holder used during the order are not the same person, or if a security breach is detected regarding the credit card used in the order before the Product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, a statement from the previous month for the credit card used in the order, or a letter from the card holder's bank confirming that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents. If the aforementioned requests are not met within 24 (twenty-four) hours, the SELLER reserves the right to cancel the order.

10.9. The BUYER declares and undertakes that the personal and other information provided by the BUYER while registering to the SELLER's Website is true and correct, and that it will compensate the SELLER for any damages it may incur due to the inaccuracy of this information, immediately, in cash and at once upon the first notification from the SELLER.

10.10. The BUYER accepts and undertakes to comply with and not violate the provisions of the legislation when using the SELLER's Website. Otherwise, all legal and criminal liabilities that may arise will be fully and exclusively binding on the BUYER.

10.11. BUYER may not use SELLER's website in any way that disrupts public order, violates morality, disturbs or harass others, for any illegal purpose, or violates the material or moral rights of others. Furthermore, BUYER may not engage in any activity (spam, viruses, trojan horses, etc.) that prevents or obstructs others from using the services.

10.12. SELLER's Website may contain links to websites or other content that are not under SELLER's control and/or owned or operated by third parties. These links are provided for the purpose of facilitating navigation for BUYER and do not endorse any website or its operator and do not constitute any guarantee regarding the information contained on the linked website.

11. SPECIAL CONDITIONS

11.1. The SELLER may, at its sole discretion and in a manner that determines the conditions as it wishes, organize various campaigns for the BUYER on the Website at different times. However, if the BUYER returns the Products purchased for any reason, such as for refund, exercising the right of withdrawal, etc., or if the campaign conditions set by the SELLER cannot be met for any reason, the discount amount/benefit enjoyed by the BUYER within the scope of the campaign will be canceled and this amount will be deducted from the refund payment to the BUYER.

11.2. If the BUYER is eligible to benefit from more than one campaign on the same invoice, the campaigns will not be combined and the BUYER will only be able to benefit from one campaign. The BUYER accepts, declares and undertakes that it will not make any claims in such a case.

11.3. The SELLER reserves the right to discontinue, update, and change the campaign terms and conditions announced on the Website at any time. The BUYER must review the campaign terms and conditions before each purchase made on the Website.

11.4. The BUYER's bank may organize campaigns to offer a higher number of installments than the selected installment number, and may offer services such as installment deferrals. Such campaigns are at the bank's discretion, and information about these campaigns is provided on the Website, provided the SELLER is aware of the situation. The bank may not distribute the installment amounts equally across the months, taking into account fractional differences. Creating a detailed payment plan is at the bank's discretion.

12. RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

12.1. Information such as name, surname, e-mail address, Turkish ID number, demographic data, financial data, etc. of the BUYER, which may be defined as personal data within the scope of the Personal Data Protection Law No. 6698; * may be recorded indefinitely/temporarily, kept in written/magnetic archives, used, updated, shared, transferred and processed in other ways by the SELLER, SELLER's affiliates and third parties and/or organizations for the purposes of taking orders, providing products and services, developing products and services, solving systemic problems, carrying out payment transactions, -with prior approval- being used in marketing activities regarding orders, products and services, updating the information of the BUYER, managing and maintaining memberships, performing distance sales contracts and other contracts established between the BUYER and the SELLER, and ensuring that third parties perform technical, logistical and other similar functions on behalf of the SELLER.

12.2. Mim Çay Sanayi Ve Dış Ticaret Limited Şirketi may send commercial electronic communications to BUYERS for the purposes of promotion, advertising, communication, promotion, sales and marketing of all kinds of Products and Services, as well as credit card and membership information, transactions and applications, via SMS/short message, instant notification, automatic call, computer, telephone, e-mail/mail, fax and other electronic communication tools, in accordance with the current legislation. BUYER accepts to receive commercial electronic messages.

12.3. Necessary measures for the security of the information and transactions entered by the BUYER on the Website are taken within the SELLER's own system infrastructure, within the limits of current technical capabilities, depending on the nature of the information and transactions. However, since the information in question is entered from the BUYER's devices, the BUYER is responsible for taking the necessary precautions, including those against viruses and similar malicious applications, to protect it and prevent unauthorized access.

12.4. The BUYER may contact the SELLER through the specified communication channels and request that data use, processing, and/or communications be stopped at any time. Pursuant to the BUYER's express notification in this regard, personal data processing and/or communications will be stopped within the maximum legal period. Furthermore, if the BUYER so requests, information other than those legally required and/or possible to be preserved will be deleted from the data recording system or anonymized in a manner that prevents identification. The BUYER may, at any time, contact the SELLER and obtain information regarding the processing of personal data, the parties to whom the data was transferred, the correction of incomplete or inaccurate data, the notification of corrected information to relevant third parties, the deletion or destruction of data, objection to any adverse results arising from analysis by automated systems, and compensation for damages incurred due to unlawful processing of data. Such requests will be reviewed and the BUYER will be contacted within the legally prescribed timeframes.

12.5. Regarding all information and content of the Website and their arrangement, revision and partial/full use; all intellectual-industrial rights and property rights belong to Mim Çay Sanayi Ve Dış Ticaret Limited Şirketi, except those belonging to other third parties in accordance with the agreement of the SELLER.

12.6. Other sites accessible from the Website have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes that may arise.

13. RIGHT OF WITHDRAWAL

13.1. In distance contracts related to the sale of products, the BUYER may exercise the right of withdrawal from the contract by rejecting the product without giving any reason within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/organization at the specified address. In distance contracts related to the provision of services, this period begins from the date of signing the contract. The BUYER must notify the SELLER within this period of exercising the right of withdrawal. Before accepting the distance contract or any corresponding offer, the BUYER is informed clearly and understandably by the SELLER about the matters detailed in the Regulation and that the BUYER will be obligated to pay upon confirmation of the order, and the BUYER acknowledges having been informed in advance. The right of withdrawal cannot be exercised in service contracts where the service is commenced with the consumer's approval before the expiration of the right of withdrawal period. The costs arising from the exercise of the right of withdrawal are the SELLER's responsibility.

14. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

It must be unused and suitable for resale by the SELLER, in accordance with the provisions of Article 15 of the Regulation titled "Exceptions to the Right of Withdrawal" and Article 10 of this Agreement, which has been electronically approved by the Parties. The BUYER cannot exercise the right of withdrawal in the following cases:

• Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are beyond the control of the seller.
• Contracts regarding goods prepared in line with the consumer's wishes or personal needs.
• Contracts for goods that are perishable or subject to expiration.
• Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.
• Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
• Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package are opened after delivery of the goods.
• Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under subscription agreements.
• Contracts related to accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes, which must be made on a specific date or period.
• Contracts for services performed instantly in an electronic environment or for intangible goods delivered instantly to the consumer.
• Contracts regarding services that begin to be performed with the consumer's approval before the expiration of the right of withdrawal period.

15. EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES

BUYER acknowledges, declares, and undertakes that, in the event of default in credit card transactions, the cardholder bank will pay interest and be liable to the bank under the credit card agreement it has entered into with the BUYER. In such a case, the relevant bank may take legal action and claim any resulting expenses and attorney fees from the BUYER. In any case, if the BUYER defaults on its debt, the BUYER acknowledges, declares, and undertakes to compensate the SELLER for any losses and damages incurred by the BUYER due to the delayed payment of the debt.

16. FORCE MAJEURE

If the SELLER cannot deliver the Product subject to the Agreement within the specified time due to riots, embargoes, government intervention, rebellion, occupation, war, mobilization, strikes, lockouts, labor actions or boycotts, employee-employer disputes, cyber attacks, communication problems, infrastructure and internet failures, system improvement or renewal works and malfunctions that may occur for this reason, power outages, fires, explosions, storms, floods, earthquakes, migrations, epidemics or other natural disasters or other events that occur beyond the control of Mim Tea Rituals, are not caused by its fault and cannot be reasonably foreseen (" Force Majeure "), the SELLER accepts, declares and undertakes to notify the BUYER of the situation. The BUYER also has the right to request from the SELLER that the order be canceled, the Product subject to the Agreement be replaced with a comparable one, if any, or the delivery time be postponed until the preventing situation is eliminated. In the event of cancellation of the order by the BUYER, the price of the Product shall be paid to the BUYER in cash and in a lump sum within 10 (ten) days for payments made by the BUYER in cash. In payments made by the BUYER via credit card, the Product amount will be refunded to the relevant bank within 7 (seven) days after the order is cancelled by the BUYER. The BUYER acknowledges, declares and undertakes that the average time it takes for the amount refunded to the SELLER's credit card to be reflected in the BUYER's account by the bank may be 2 (two) to 3 (three) weeks. Since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for any possible delays.

17. DISPUTE RESOLUTION

In disputes arising from the implementation and interpretation of the Agreement, the Provincial or District Consumer Problems Arbitration Committees in the BUYER's place of residence or where he purchased the product are competent, within the monetary limits determined within the framework of the legislation, and in disputes exceeding the said value, the Consumer Courts are competent.

18. EVIDENCE AGREEMENT

SELLER records (including records in magnetic media such as computer-voice recordings) constitute definitive evidence in resolving any dispute that may arise from this Agreement and/or its implementation.

19. FORCE

This Agreement, consisting of 19 (nineteen) articles, has been read by the Parties and entered into force by being approved electronically by the BUYER on [ to be filled in through the system within the scope of the order ] .