Distance Sales Agreement
Title: T.C. Hazine ve Maliye Bakanligi Darphane ve Damga Matbaasi Genel Mudurlugu (T.R. Ministry of Treasury and Finance General Directorate of Mint and Stamp Printing House)
Phone:+90 (0212) 370 90 00
Fax:+90 (0212) 370 90 00
2. SUBJECT OF THE AGREEMENT
2.1. The subject of herby this agreement is to determine the rights and liabilities of the parties pursuant to the provisions of Law No.6502 on the Protection of Consumers and the Regulation on Distance Contracts with the date 27.11.2014 regarding the sale and delivery of the product(s) having the following qualifications and sales price that is ordered by the BUYER electronically via website of SELLER ("Mint","emagaza.darphane.gov.tr") (hereinafter referred to as SITE).
2.2. The prices listed and announced on the website refer to the sales prices. The prices and promises announced are valid until updated and changed.
2.3. The preliminary information form and invoice on the payment page of the website emagaza.darphane.gov.tr are integral parts of hereby this agreement.
3. PRODUCT(S) SUBJECT TO THE AGREEMENT
3.1. Type, kind, quantity, model, color, sales price and the delivery information of the products are as follows.
Person to Be Delivered:
4. GENERAL PROVISIONS
4.1. It is hereby declared by the BUYER that the BUYER is aware of the preliminary information regarding the basic qualifications, sales price and payment method and delivery of the products which are shown in the WEBSITE as well as “withdrawal” and is given the relevant confirmation for the sale in electronic environment.
4.2. By confirming this agreement in electronic environment, the BUYER confirms that he/she has accurately and completely obtained the address, main features of the products ordered, product prices in Turkish Lira, payment and delivery information to be given by the SELLER before the conclusion of the distance agreement.
4.3. The product subject to the agreement is delivered to the BUYER or the person/organization at the designated address within the period specified in the preliminary information for each product on the WEBSITE depending on the distance to the residence address of the BUYER not later than legal 30-day period. In the cases that the product subject to the agreement is to be delivered to another person/organization other than the BUYER, the SELLER shall not be hold responsible for the person/organization that does not take the delivery.
4.4. Courier fee shall be under the responsibility of the BUYER. In the cases that the product ordered cannot be delivered to the BUYER due to any problem cargo company may encounter during the delivery of the product to the BUYER, the SELLER shall not be held responsible.
4.5. The SELLER holds the responsibility for delivering the product subject to the agreement with warranty documents and manuals, if any, in a safe, complete situation, pursuant to the specifications specified in the order.
4.6. The SELLER may provide the BUYER with a different product at the same quality and price by informing him/her and obtaining the explicit approval before the contractual performance obligation is due.
4.7. In the cases that the fulfillment of the product or service subject to the order precludes and the SELLER fails to perform the contractual obligations, the SELLER shall inform the consumer before the performance obligation arising from the agreement is due and refunds the total price to the BUYER within 10 days.
4.8. In the cases that the payment is not made or is canceled in the bank records for any reason, the SELLER shall be deemed to be relieved from the obligation to deliver the product.
4.9. In the cases that the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfairly or unlawfully use of the BUYER's credit card by unauthorized persons following the delivery of the product, the BUYER should return the product to the SELLER within 3 days, provided that the product has been delivered. In this case, the delivery costs shall be borne by the BUYER.
4.10. If the SELLER fails to deliver the product subject to the agreement within the specified period due to force majeure or emergency cases as in weather conditions or interruption of transportation that prevents the shipment, the BUYER must be informed. Thus, the BUYER may avail himself/herself of the rights of cancelling the order, replacing the product subject to the agreement with an equivalent product and/or delaying the delivery period until the preventive situation ends. If the order is cancelled by the BUYER, the total amount that is paid is refunded to the relevant bank within 10 days. The BUYER acknowledges and accepts that the SELLER shall not intervene in any way for the possible delays after refunding the amount to the bank since transferring this amount into the BUYER’s account is directly related to the bank transaction process and the receipt of this amount refunded by the SELLER to the credit card may exceed 3 weeks due to banking procedures.
5. RIGHT TO WITHDRAWAL
The BUYER holds the right of refusing and withdrawing the goods within 14 days following the delivery of the product subject to the agreement to him/her or to the person/organization at the designated address. The amount shall be refunded to the BUYER within 10 days upon the receipt of withdrawal notice. The courier fee of the product to be returned under the right of withdrawal is covered by the SELLER.
The SELLER acknowledges that the consumer holds the right of withdrawing from the agreement by renouncing the goods or services within fourteen days of receipt without assuming any legal and criminal liability and showing any justification, and it is undertaken to recall the goods from the receipt of the withdrawal notice upon its delivery to the SELLER.
The BUYER is liable at paying product taxes at customs for TRNC and overseas shipments. The BUYER is not entitled to the right of withdrawing from the products that are not received from the customs under any circumstances.
In the event that this right is availed,
a) The invoice of the product delivered to the 3rd party or the BUYER
b) Product Return / Exchange Form
c) It is obligatory to return the box, packaging, and certificate, if any, of the products as complete and undamaged.
6. PRODUCTS EXCLUDED FROM THE RIGHT OF WITHDRAWAL
The BUYER shall not execute the right of withdrawal for the products which are a) (jewelry, gold and silver category products) in the agreements for goods or services in which case the price changes based on the fluctuations in the financial markets and is not controlled by the seller thereof, b) products having damaged original box or package, without a certificate, scratched and lost its collection value, c) products lost its merchantability for any another customer.
7. EVENT OF DEFAULT AND LEGAL CONSEQUENCES
In the event that the parties fail to fulfill their contractual obligations, the provisions of the Debtor's Default in Articles 106 to 108 of the Code of Obligations shall be resorted to. In the event of default, if either party gets behind fulfilling its obligations within the specified period without any justified reason, the other party shall give a 7-day period to the other party for the fulfillment. Unless the fulfillment is performed within this specified period, the party shall be deemed as the defaulting party and the creditor shall have the right to submit a claim for the delivery of the goods and/or the termination of the agreement and the refund of the price.
If the SELLER fails to deliver the product subject to the agreement promptly due to force majeure or emergency cases as in adverse weather conditions, interruption of transportation, fire, earthquake, flood that may prevent the shipment thus resulting in failure to fulfill contractual obligation, the BUYER may use one of the rights to cancel the order or to delay the delivery period until the preventive situation ends. If the order is declared off by the BUYER, the amount paid shall be refunded within 10 days.
8. SETTLEMENT OF DISPUTES AND JURISDICTION
In the execution of this agreement, Consumer Arbitration Committees and Consumer Courts located at the residence address of the BUYER, where the product(s) are purchased, are authorized for product/service up to value designated by the T.R. Ministry of Customs and Trade. The SELLER may apply to Consumer Arbitration Committees and Consumer Courts located at his/her residence address, where the product(s) are purchased, within the monetary limits set by the T.R. Ministry of Customs and Trade in December every year, for any complaints and objections.
This agreement has been executed for commercial purposes.
SELLER: T.C Hazine ve Maliye Bakanlığı Darphane ve Damga Matbaası Genel Müdürlüğü (Republic of Turkey Ministry of Treasury and Finance General Directorate of Mint and Stamp Printing House)