Distance Selling Contract Policy
ARTICLE 1: PARTIES
1.1 SELLER
Title
: Gülden Elibol Private Company (Also referred to as Mec Monkey in the remainder of the contract.)
Address
: Zuhuratbaba District Haksever Street No:1 Floor: 1F Bakırköy/İSTANBUL
Telephone
: +90 532 069 52 17
Email address
1.2 BUYER
Name/Surname/Title
:
Address
:
Telephone
:
Email address
:
ARTICLE 2: SUBJECT
The subject of this Distance Sales Contract is regulated in order to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the CONSUMER ordered electronically from the www.mecmonkey.com website belonging to Gülden Elibol Şahıs Şirketi. By signing this contract, the parties accept, declare and undertake that they understand their obligations and responsibilities arising from the Law and the Regulation.
ARTICLE 3: INFORMATION REGARDING THE CONTRACTUAL PRODUCT, PAYMENT AND DELIVERY
3.1. Name, quantity, sales price including VAT, payment method and basic characteristics of the goods or services subject to the contract:
Product Name and Basic Features
Piece
Sales Price
(Total Turkish Lira including VAT)
Forward Sales Price
(Total including VAT)
3.2. Payment Method:
The section above contains information on how many installments the order total will be paid in, which will be sent to your bank.
Your bank may organize campaigns and apply a higher number of installments than the number you have selected, and services such as installment deferral may be offered. Such campaigns are at the discretion of your bank and if our company is aware of them, information about the campaigns is provided on our pages.
Starting from the statement date of your credit card, the order total will be divided by the number of installments and reflected on your credit card statement by your bank. The bank may not distribute the installment amounts equally to the months by taking into account fractional differences. The creation of your detailed payment plan is at the discretion of your bank.
3.3. On the other hand, since the sales on credit are made only with credit cards belonging to banks, the BUYER accepts, declares and undertakes that it will separately confirm the relevant interest rates and default interest information from its bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER in accordance with the provisions of the legislation in force.
3.4 Return Procedure:
3.4.1. Credit Card Refund Procedure
If the purchase is made with a credit card and in installments, the Bank makes the refund to the CONSUMER in installments, regardless of the number of installments in which the CONSUMER purchased the product. After the SELLER pays the entire product price to the bank in one go, in the event that the installment expenses made from the Bank POS are refunded to the CONSUMER's credit card, the requested refund amounts are transferred to the holder accounts by the Bank in installments so that the parties involved in the matter do not suffer. The installment amounts paid by the CONSUMER until the cancellation of the sale, if the refund date does not coincide with the card's statement closing dates, will be reflected on the card as 1 (one) refund each month, and the CONSUMER will receive the installments paid before the refund for an additional month, after the sale installments are completed, for the number of installments paid before the refund, and will be deducted from their current debts.
In case of return of goods and services purchased with the card, SELLER cannot make cash payment to CONSUMER due to the contract made with the Bank. SELLER will make the return through the relevant software in case of a return transaction, and since SELLER is obliged to pay the relevant amount to the Bank in cash or as a deduction, payment cannot be made to CONSUMER in cash as per the procedure we have explained above. Refund to credit card will be made by the Bank in accordance with the above procedure after SELLER pays the amount to the Bank in a single payment.
CONSUMER accepts and undertakes that he/she has read and accepted this procedure.
3.5. Delivery Method and Address:
Delivery Address: / / /
Person to be Delivered:
Billing Address : / / /
Packaging, cargo and delivery costs are covered by the SELLER and are included in the product price. Delivery will be hand-delivered to the BUYER's address specified above, via the contracted cargo company. Even if the BUYER is not present at the address at the time of delivery, our Company will be deemed to have fulfilled its obligation fully and completely. Therefore, the SELLER is not responsible for any damages and expenses arising from the BUYER receiving the product late and/or not receiving it at all. The SELLER is responsible for the delivery of the product subject to the contract, intact, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.
4. RIGHT OF WITHDRAWAL
The consumer (BUYER) has the right to withdraw from the contract within 14 (fourteen) days without giving any reason and without paying any penalty. The period of right of withdrawal starts on the day the contract is established for contracts regarding the performance of services; and on the day the consumer or a third party determined by the consumer receives the goods for contracts regarding the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period from the establishment of the contract to the delivery of the goods. In determining the period of right of withdrawal;
a) For goods that are subject to a single order and delivered separately, the day the consumer or a third party designated by the consumer receives the last good,
b) For goods consisting of more than one piece, the day the consumer or a third party designated by the consumer receives the last piece,
c) In contracts where the goods are delivered regularly for a certain period of time, the day on which the consumer or a third party determined by the consumer receives the first good shall be taken into account.
The consumer may make a withdrawal notification before the expiration of the withdrawal right period via the return option on your personal membership page at www.mecmonkey.com or via the communication tools specified above as the Gülden Elibol Private Company contact information. The carrier foreseen within the scope of the withdrawal right is Aras Cargo and details regarding the return shipment are explained in the return option on the personal membership page at www.mecmonkey.com .
The consumer cannot exercise his right of withdrawal in the following contracts:
a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the SELLER or the provider.
b) Contracts regarding goods prepared in line with the consumer's wishes or personal needs.
c) Contracts for the delivery of goods that are perishable or subject to expiration.
ç) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and those whose return is not suitable for health and hygiene reasons (headphones, etc.).
d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of a subscription contract.
g) 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.
g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services that are started to be performed with the consumer's approval before the expiry of the right of withdrawal period.
5. GENERAL PROVISIONS
5.1. The consumer declares that he/she has read and is informed about the preliminary information regarding the product that is the subject of the contract on the www.mecmonkey.com website and has given the necessary confirmation electronically.
5.2. The product will be delivered within 14 days from the contract date. All responsibility belongs to the seller until the product is delivered.
5.3. If the product subject to the contract is to be delivered to a person/organization other than the consumer, the seller cannot be held responsible if the person/organization to whom the product is to be delivered does not accept the delivery.
5.4. The Seller is responsible for the delivery of the contractual product in a sound, complete manner, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.
5.5. In order for the product subject to the contract to be delivered, the price of this contract must be paid using the payment method preferred by the consumer. If the product price is not paid for any reason or is cancelled in the bank records, the seller is deemed to be relieved of the obligation to deliver the product.
5.6. If the relevant bank or financial institution does not pay the price of the product to the seller due to the unfair or illegal use of the consumer's credit card by unauthorized persons for reasons not caused by the seller's fault after the delivery of the product, the product must be sent to the seller, provided that it has been delivered to the consumer.
5.7. In case of defective (broken, broken, etc.) products sold with or without a warranty certificate or malfunctioning or breaking down within the scope and conditions of warranty, the products in question can be sent to the seller for the necessary repair. In such a case, the shipping costs will be covered by the seller.
5.8. In order for the return procedures to be carried out in accordance with the general circular of the tax procedure law numbered 385, the relevant sections of the invoice that includes the return section that we have sent to you must be filled in completely and sent back to us together with the product after being signed.
5.9. During the delivery of the product, the consumer is responsible for checking and determining whether there is any damage to the product package or the product due to transportation. If the product is missing, damaged or its packaging is damaged, a report must be drawn up by the cargo officer and the order must not be accepted. In cases where the product is not received, if the consumer notifies the seller, the seller will fulfill its obligation and send the new product immediately. The seller is not responsible for the damage if the product is received with a damaged box or due to transportation.
5.10. In case the goods sold are found to be defective, the CONSUMER; in accordance with the Consumer Protection Law No. 6502;
a) To withdraw from the contract by declaring that he/she is ready to return the sold item,
b) To keep the sold item and request a discount from the sales price in proportion to the defect,
c) Requesting free repair of the sold item, with all costs being borne by the seller, unless it requires excessive expense.
c) If possible, request that the sold product be replaced with a defect-free one,
may use one of his/her optional rights. The seller is obliged to fulfill this request chosen by the consumer.
The necessary notification to the consumer regarding the right to free repair or replacement of the product with a defect-free equivalent can be used against the manufacturer or importer has been made by signing this contract. According to the Law, the seller, manufacturer and importer are jointly and severally responsible for the fulfillment of these rights and all expenses arising from the use of optional rights are covered by the seller.
6. DISPUTE AND COMPETENT COURT
In disputes arising from this contract, the District/Provincial Consumer Arbitration Committees or Consumer Courts located directly where the consumer is located or where the consumer transaction was made are competent.
In accordance with the "Communiqué on the Increase of Monetary Limits Included in Article 68 of the Law No. 6502 on Consumer Protection and Article 6 of the Regulation on Consumer Arbitration Committees", the value of the applications to be made to the Consumer Arbitration Committees for 2021;
a) District Consumer Arbitration Committees for disputes under 7,550 (seven thousand five hundred and fifty) Turkish Liras,
b) In the provinces with metropolitan status, in disputes between 7,550.00 TL (Seven ThousandFive HundredFifty TL) and 11,330.00 TL (Eleven ThousandThree HundredThirty TL), Provincial Consumer Arbitration Committees,
c) Provincial Consumer Arbitration Committees for disputes under 11,330 (eleven thousand three hundred and thirty) Turkish Liras in the centres of provinces that are not metropolitan cities,
ç) Provincial Consumer Arbitration Committees in disputes between 7,550 (seven thousand five hundred and fifty) Turkish Liras and 11,330 (eleven thousand three hundred and thirty) Turkish Liras in districts of provinces that are not metropolitan cities,
d) Consumer Courts for disputes over 11,330.00 TL (Eleven Thousand Three Hundred and Thirty TL).
will be on duty.
Provincial consumer arbitration boards will be authorized within the provincial borders, while district consumer arbitration boards will be authorized within the district borders. In districts where no consumer arbitration board has been established, the consumer arbitration board determined by the Ministry for that district will be authorized. Applications can be made to the consumer arbitration board in the place where the consumer is located or where the consumer transaction is carried out. If a consumer arbitration board has not been established in the district where an application can be made, consumers can apply by going to the district governor's office.
If the order is placed, the CONSUMER is deemed to have accepted all the terms of this agreement.