DISTANCE SALES AGREEMENT
PLEASE NOTE: Pursuant to the applicable legislation, please print and read the following agreement text in 12-point bold font. In addition, every buyer who makes a purchase through our website shall be deemed to have read and accepted all provisions of this sales agreement prepared by us, without the need for any further notice.
SELLER: Mark Valentine
ADDRESS: Mark Valentine INC., New York, USA
PHONE: +1 (516) 717-8357
E-MAIL: [email protected]
BUYER: Customer
(The Buyer is the person who makes a purchase through the Seller’s website markvalentineus.com. The address and contact details provided by the Buyer in the invoice and communication information shall be taken as basis.)
By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order subject to this Agreement, the BUYER shall be obliged to pay the order price as well as any additional fees such as shipping costs and taxes, if applicable, and that the BUYER has been duly informed in this regard.
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 Turkish Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, with respect to the sale and delivery of the goods/services ordered electronically by the Buyer through the Seller’s website markvalentineus.com, which possess the characteristics specified in this Agreement and whose sales price is stated herein.
The Buyer declares and accepts that they have been informed of the basic characteristics of the goods/services subject to sale, the sales price, payment method, delivery conditions, all preliminary information regarding the goods/services, and the right of withdrawal, that they have confirmed such information electronically, and that they subsequently placed the order in accordance with the provisions of this Agreement.
Products whose protective elements such as packaging, seal, or wrapping have been opened after delivery are not suitable for return due to health and hygiene reasons; therefore, the right of withdrawal cannot be exercised in any manner. Opening the product packaging falls within the exceptions to the right of withdrawal.
The prices listed and announced on the website are the sales prices. The announced prices shall remain valid until updated or changed. If a product is announced for a limited period, the announced price shall be valid until the end of the specified period.
The Buyer accepts and undertakes that all data entered into the system during membership registration or shopping belong to them or that they have the right to use and share such data, and that they shall not enter any data for which they do not have usage rights; otherwise, all responsibility shall belong to the Buyer.
The preliminary information and invoice displayed on the payment page of markvalentineus.com constitute an integral part of this Agreement. Once the order is completed, the Buyer shall be deemed to have accepted all terms and conditions of this Agreement.
ARTICLE 3 – DATE OF THE AGREEMENT, DELIVERY OF GOODS/SERVICES, PLACE OF PERFORMANCE, AND METHOD OF DELIVERY
This Agreement is executed on the date the order is placed by the Buyer. The goods/services shall be delivered to the Buyer at the address specified by the Buyer.
Packages that are suspected to have been damaged during shipment must be opened and inspected in the presence of the authorized representative of the delivery company. If any damage is detected, a report must be prepared by the shipping company and the product must not be accepted. If no report is prepared, the Buyer shall be deemed to have accepted that the shipping company has fully performed its obligations after the product is received.
ARTICLE 4 – GENERAL PROVISIONS
4.1. The BUYER acknowledges that they have read and been informed about the basic characteristics, sales price, payment method, and delivery-related preliminary information of the products displayed on the WEBSITE, and that they have provided the necessary confirmation electronically.
4.2. The PRODUCT shall be delivered to the delivery address specified by the BUYER on the WEBSITE, together with the invoice, properly packaged and intact, within a maximum of 30 days.
4.3. If the PRODUCT is to be delivered to a person/entity other than the BUYER, the SELLER shall not be held responsible if such person/entity refuses to accept delivery.
4.4. The BUYER is obliged to inspect the PRODUCT upon delivery and, in the event of any shipping-related issue, to refuse acceptance of the PRODUCT and request a damage report from the shipping company representative. Otherwise, the SELLER shall bear no liability.
4.5. The Agreement approved by the BUYER during shopping on the WEBSITE shall be valid and binding in all circumstances.
4.6. Unless otherwise stipulated in writing by the SELLER, the BUYER must pay the full product price prior to delivery. If the product price is not paid to the SELLER before delivery, the SELLER may unilaterally cancel the Agreement and refrain from delivering the PRODUCT.
4.7. If, for any reason after delivery, the bank or financial institution to which the credit card used for the transaction belongs fails to pay the product price to the SELLER, the PRODUCT shall be returned by the BUYER to the SELLER within 3 days, with all costs borne by the BUYER. The SELLER’s other contractual and legal rights, including the right to pursue the product price, are expressly reserved. For the avoidance of doubt, installment or deferred payment facilities provided by banks or financial institutions constitute a credit facility granted by such institutions; therefore, sales in which the SELLER has fully collected the product price shall not be deemed installment sales for the purposes of this Agreement but cash sales. The SELLER’s statutory rights in cases legally considered installment sales remain reserved. In the event of default by the BUYER, a monthly default interest rate of 5% shall be applied.
ARTICLE 5 – RIGHT OF WITHDRAWAL
You may return the order within 14 days, with the approval of customer services, provided that the SELLER’s product box remains completely unopened. After the returned product reaches our return warehouse and is inspected, the refund shall be processed through your bank once the unopened condition is confirmed.
Packages suspected of being damaged during shipment must be opened and inspected in the presence of the shipping company representative before acceptance. If damage is detected, a report must be prepared and the product must not be accepted. Failure to prepare such a report shall mean that the Buyer accepts that the shipping company has fully fulfilled its duties.
If any deterioration, breakage, damage, tearing, use, or similar condition is detected, or if the product is not returned in the same condition as delivered, the product shall not be accepted for return and no refund shall be issued.
Return procedures shall be completed within seven (7) business days from the date the product reaches the Company. Following approval of the return, credit card refunds shall be processed within 5 business days. The bank may not reflect the refund in the same billing cycle; in such cases, the Buyer should contact their bank’s credit card services.
ARTICLE 6 – PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY
The information specified in this Agreement and the information provided by the BUYER to the SELLER for payment purposes shall not be shared with third parties, except for the contracted shipping company. If the SELLER is required to disclose such information due to administrative or legal obligations, the BUYER shall not hold the SELLER liable.
The SELLER declares that it shall process the BUYER’s personal data lawfully and in accordance with its obligations under Law No. 6698, ensure data security by taking adequate technical and administrative measures, prevent unlawful processing, access, and disclosure, and delete, destroy, or anonymize personal data when the purpose of processing ceases, in compliance with legal retention periods.
By approving this Agreement, the BUYER acknowledges, declares, and undertakes that they have been duly informed within the scope of the Information Notice regarding the processing of personal data in accordance with Law No. 6698.
ARTICLE 7 – EVIDENCE AGREEMENT, JURISDICTION, AND EFFECTIVENESS
In the resolution of any disputes arising from or related to this Agreement and/or its implementation, SELLER records (including computer and audio records stored in electronic media) shall constitute conclusive evidence. Consumer Arbitration Committees shall have jurisdiction up to the monetary limits announced by the Ministry of Industry and Technology, and for amounts exceeding such limits, the Istanbul Anatolian/European Consumer Courts and Enforcement Offices shall be competent.
The BUYER declares, accepts, and undertakes that they have read, reviewed, and accepted all terms and explanations set forth in this Agreement and the order form constituting an integral part thereof, and that they have received all preliminary information regarding sales conditions.
Upon completing payment for the order placed through the Website, the BUYER shall be deemed to have accepted all terms and conditions of this Agreement. The SELLER is obliged to implement the necessary software arrangements to ensure that this Agreement is read and approved by the BUYER prior to completion of the order.