Distance Sales Agreement
ARTICLE 1 – SUBJECT OF THE AGREEMENT AND PARTIES
- This contract determines the rights, laws and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts, regarding the sale of products and services made by the BUYER through the website of Koşar Kozmetik Ticaret Limited Şirketi (https://matsuprofessional.com/) (hereinafter referred to as the WEBSITE ) operated by the SELLER, the detailed information of which is given below, and the sending of the products to the delivery address.
SELLER: Kosar Cosmetics Trading Limited Company
Address: Yaşamkent Mah. 3067. Street No: 13, 06810, Çankaya / Ankara
Tel.: +90 530 732 53 49
Email: hello@matsuprofessional.com
Web: https://matsuprofessional.com/
- The BUYER accepts and declares that he/she is informed about the basic characteristics of the goods or services subject to sale, the sales price, payment method, delivery conditions and all preliminary information and the right of "withdrawal" regarding the goods or services subject to sale, that he/she confirmed this preliminary information electronically and then ordered the goods or services, in accordance with the provisions of this contract .
ARTICLE 2 - HISTORY OF THE CONTRACT
This contract is made on the date the order is placed by the Buyer. The goods/services will be delivered to the Customer at the address requested by the Buyer. Packages that are thought to be damaged during shipment must be opened and checked in front of the authorized person of the company from which they were received. If there is any damage to the product, a report must be drawn up by the cargo company and the product must not be accepted. If no report is drawn up, the BUYER is deemed to have accepted that the cargo company has fully fulfilled its duty after the product is received.
ARTICLE 3 - PRODUCTS AND SERVICES SUBJECT TO THE CONTRACT
All products ordered by the BUYER are hereinafter defined as PRODUCTS.
ARTICLE 4 - DELIVERY OF PRODUCTS
4.1- The PRODUCT shall be delivered to the delivery address specified by the BUYER on the WEBSITE or to the person/organization at the address specified by the BUYER, packaged and intact, together with its invoice, within 30 days at the latest. In cases of necessity, this period may be extended.
4.2- If the PRODUCT is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the PRODUCT is to be delivered does not accept the delivery.
4.3- The BUYER is responsible for checking the PRODUCT upon receipt and, if he/she sees a problem with the PRODUCT caused by the cargo, not accepting the PRODUCT and having a report drawn up by the CARGO company official. Otherwise, the SELLER will not accept any responsibility.
ARTICLE 5 - PAYMENT METHOD
The deferred/installment payment options provided by institutions that issue credit cards, installment cards, etc. such as banks and financial institutions are a credit and/or an installment payment option provided directly by the said institution; PRODUCT sales that occur within this framework and for which the SELLER collects the full price are not considered installment sales for the parties to this Agreement, but are cash sales. The SELLER's legal rights in cases that are legally considered installment sales (including the right to terminate the contract and/or demand payment of the entire remaining debt together with default interest if any of the installments are not paid) are available and reserved.
ARTICLE 6 - GENERAL PROVISIONS
6.1- BUYER accepts that he/she has read and is informed about the basic characteristics, sales price, payment method and preliminary information regarding delivery of the products shown on the WEBSITE and that he/she has given the necessary confirmation for the sale in electronic environment.
6.2- By confirming this contract electronically, the BUYER confirms that he/she has obtained the address that should be given to the Consumer by the Seller before the conclusion of distance contracts, the basic features of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely.
6.3- SELLER may supply a different product of equal quality and price to BUYER before the expiry of the performance obligation arising from the contract.
6.4- If the SELLER cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it shall notify the consumer of this situation before the expiration of the contractual obligation and may supply the BUYER with a different product of equal quality and price.
6.5- In order for the product subject to the contract to be delivered, the signed copy of this contract must be delivered to the SELLER and the price must be paid in the payment method. If the product price is not paid or is cancelled in the bank records for any reason, the SELLER is deemed to be relieved of its obligation to deliver the product.
6.6- If, for any reason after the delivery of the PRODUCT, the bank/financial institution to which the credit card used for the transaction is issued does not pay the PRODUCT price to the SELLER, the PRODUCT shall be returned to the SELLER by the BUYER within 3 days at the latest, with all expenses being borne by the BUYER. All other contractual-legal rights of the SELLER, including the right to pursue the PRODUCT price receivable, are reserved separately and in any case.
6.7- If the PRODUCT cannot be delivered within 30 days due to extraordinary circumstances (such as adverse weather conditions, earthquake, flood, fire) outside of normal sales conditions and the delay exceeds 10 days, the SELLER will inform the BUYER about the delivery. In this case, the BUYER may cancel the order, order a similar product or wait until the end of the extraordinary situation. In case of order cancellations, if the PRODUCT price has been collected, it will be returned to the BUYER as soon as possible after the cancellation. In credit card payments, the refund will be made by returning it to the BUYER's credit card.
6.8- There are many products on our site. The stock status of the products is constantly monitored and updated on our site. However, from time to time, there may be situations where a product is out of stock at the time you place an order or cannot be supplied for different reasons. The SELLER will make every effort to supply the products you request, and if it still cannot be found, it will notify you by e-mail or telephone and act in accordance with your request, such as "sending only the supplied products" or "cancelling the order completely". If only the supplied products are requested to be sent, the price of the product or products that could not be supplied will be refunded. If the order is requested to be cancelled completely, the entire payment will be refunded to the buyer. The refund will be made in the form of a refund for credit card purchases or the return of the money order sent. In both cases, the bank charges that may occur will be covered by the SELLER. This mutual understanding is the product of the SELLER's customer satisfaction and quality policy.
ARTICLE 7 - RIGHT OF WITHDRAWAL
7.1- SELLER acknowledges that BUYER has the right to withdraw from the contract by rejecting the goods or services within 14 (fourteen) days from the date of receipt of the goods or signing of the contract without assuming any legal or criminal liability and without giving any reason, and this period starts on the day the goods are received. Buyer may also exercise his right of withdrawal within the period from the establishment of the contract until the delivery of the goods.
7.2- In order to exercise the right of withdrawal, written notice must be given to the SELLER within this period. In case of exercising this right, the return of the original invoice and the cargo delivery report stating that the PRODUCT delivered to a 3rd party or the BUYER was sent to the SELLER is mandatory. The PRODUCT price will be refunded to the BUYER as soon as possible following the receipt of these documents. In credit card payments, the refund will be made by returning the product to the BUYER's credit card.
7.3- If the original invoice is not sent due to tax legislation, VAT and other legal liabilities, if any, cannot be refunded. The shipping cost of the returned product is covered by the SELLER.
7.4- In case of a PRODUCT that cannot be returned due to its nature, is likely to deteriorate rapidly or expire, the BUYER cannot exercise his right of withdrawal.
ARTICLE 8 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
8.1.- Returns of products that cannot be returned due to their nature; single-use products, products that deteriorate quickly or products that are likely to expire are not accepted.
8.2- The return of the following products is subject to the condition that the packaging of the product is unopened, undamaged and the product is unused and untested.
All kinds of Cosmetic Products - All kinds of Personal Care Products
ARTICLE 9 - EVIDENCE AGREEMENT AND COMPETENT COURT
9.1- In resolving any dispute that may arise from this Agreement and/or its implementation, SELLER records (including records in magnetic media such as computer-voice recordings) shall constitute definitive evidence; Consumer Arbitration Committees, in cases exceeding which, Consumer Courts and Enforcement Offices at the place of residence of the BUYER and SELLER shall have jurisdiction.
9.2- BUYER declares, accepts and undertakes that he/she has read all the conditions and explanations written in this Agreement, received, reviewed and accepted all the sales conditions and other preliminary information.