Distance Sales Agreement

Distance Sales Agreement

ARTICLE 1- PARTIES

1.1- SELLER: Title: MİSAN GRUP ELEKTRONİK SANAYİ VE TİCARET A.Ş. ("Misan Oyuncak") Tax Number: 6221802978 Address: Mahmutbey Mah. 2447. Sk. No:81 Bağcılar / Istanbul E-mail: info@misangrup.com.tr Website: www.misanoyuncak.com.tr

1.2- BUYER: Name/Surname/Title: {TESLIMATALICI} Address: {TESLIMATADRES} Phone: {TESLIMATTELEFON} E-mail: {TESLIMATEPOSTA}

ARTICLE 2- SUBJECT

The subject of this agreement is to determine the rights and obligations of the parties regarding the sale and delivery of the product whose specifications and sale price are specified below, ordered by the BUYER from the SELLER's www.misanoyuncak.com.tr website in electronic medium, in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.

ARTICLE 3- PRODUCT SUBJECT TO THE AGREEMENT

Date: {TARIH}

{URUNKALEMLERI}

Product Name Quantity Total Product Amount

The type and kind of products, quantity, brand/model, color, and sale price including taxes are as specified above.

3.1- CASH ON DELIVERY ORDERS: For orders placed with the cash on delivery option, the shipping fee belongs to the BUYER. This fee is shown separately on the payment screen and in the order total before the order is completed. For the return of cash on delivery orders, the return shipping fee belongs to the BUYER, without prejudice to the legal limits specified in Article 5.

Payment method: {ODEMETIPI} Delivery address: {TESLIMATADRES} Total ({ODEMETIPI}, including taxes and delivery costs): {ODENENTUTAR}

ARTICLE 4- GENERAL PROVISIONS

4.1- The BUYER declares that they have read and understood the basic characteristics, sale price, payment method, delivery, and preliminary information regarding the right of withdrawal of the product subject to the agreement on the www.misanoyuncak.com.tr website and have provided the necessary confirmation in electronic medium.

4.2- The product subject to the agreement shall be delivered to the BUYER or the person/institution at the address indicated within the period explained in the preliminary information on the website, provided that the legal 30-day period is not exceeded.

4.3- If the product subject to the agreement is to be delivered to a person/institution other than the BUYER, the SELLER cannot be held responsible for the refusal of the person/institution to accept the delivery.

4.4- The SELLER is responsible for delivering the product subject to the agreement in sound, complete condition, in accordance with the characteristics specified in the order, and with warranty documents and user manuals, if any.

4.5- For the delivery of the product subject to the agreement, it is a condition that this agreement is approved in electronic medium and the price is paid using the payment method preferred by the BUYER. If the product price is not paid for any reason or is canceled in the bank records, the SELLER shall be considered released from the obligation to deliver the product.

4.6- If the product price is not paid by the relevant bank or financial institution due to the unauthorized, unfair, or unlawful use of the BUYER's credit card by unauthorized persons in a manner not caused by the fault of the BUYER after the delivery of the product, the BUYER is obliged to send the delivered product back to the SELLER within 3 days. In this case, the shipping costs belong to the BUYER.

4.7- If the SELLER cannot deliver the product subject to the agreement within the period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation or interruption of transportation, they are obliged to inform the BUYER of the situation. In this case, the BUYER may exercise one of their rights to cancel the order, replace the product subject to the agreement with an equivalent product, if any, and/or postpone the delivery period until the obstructing circumstance is removed. If the BUYER cancels the order, the amount paid shall be refunded to them in a manner appropriate to the payment method within 14 days from the cancellation notification.

4.8- In the event that the product subject to the agreement is defective, the BUYER may exercise the alternative rights listed in Article 11 of Law No. 6502 (withdrawal from the agreement, price reduction, free repair, or replacement with a non-defective equivalent). Products sold with or without a warranty certificate that are malfunctioning or defective may be sent to the SELLER for necessary repair or replacement; in this case, the shipping costs shall be borne by the SELLER.

ARTICLE 5- RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw from the agreement within 14 days from the delivery of the product subject to the agreement to themselves or the person/institution at the address indicated, without stating any reason and without paying any penalty. To exercise the right of withdrawal, it is sufficient to make a clear notification to the SELLER info@misangrup.com.tr via email or in writing within this period.

The BUYER returns the product to the SELLER within 10 days from the withdrawal notification. If the product is sent with the shipping company specified by the SELLER in the preliminary information, the return shipping fee shall be borne by the SELLER. If the BUYER sends the product with a company other than the shipping company specified in the preliminary information, the return shipping fee belongs to the BUYER. This provision also applies to cash on delivery orders.

The SELLER shall refund all payments collected, including delivery costs, if any, within 14 days from the date the withdrawal notification reaches them, in a manner appropriate to the payment method used by the BUYER at the time of purchase and without charging the BUYER any costs.

The BUYER is not responsible for changes and deterioration occurring during the withdrawal period if they use the product in accordance with its operation, technical specifications, and usage instructions; however, they are responsible for any loss in value resulting from use other than this.

ARTICLE 6- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

In accordance with Article 15 of the Regulation on Distance Contracts, the right of withdrawal cannot be exercised in the following cases:

  • Products prepared according to the requests or personal needs of the BUYER,
  • Products that can deteriorate quickly or pass their expiration date,
  • Products whose return is not suitable for health and hygiene reasons after their protective elements such as packaging, tape, seal, or package have been opened after delivery,
  • Products that mix with other products after delivery and cannot be separated by their nature,
  • Other products excluded from the scope of the right of withdrawal by legislation.

ARTICLE 7- COMPETENT COURT

In the application of this agreement, the Consumer Arbitration Committees in the place of residence of the BUYER or the SELLER, within the monetary limits announced annually by the Ministry of Trade, are authorized; for disputes exceeding these limits, the Consumer Courts are authorized.

In the event that the order is placed, the BUYER shall be deemed to have accepted all the terms and conditions of this agreement.

SELLER Title: MİSAN GRUP ELEKTRONİK SANAYİ VE TİCARET A.Ş. Address: Mahmutbey Mah. 2447. Sk. No:81 Bağcılar / Istanbul E-mail: info@misangrup.com.tr

BUYER {TESLIMATALICI}