Article 1- Parties
1.1. Seller
Trade Title Monument Body
Address : Ortakoy Mah. Turkish Airlines Site Road SOK. Seyhan Sitesi F Blok B NO:2 b Interior Door No:8 BEŞİKTAŞ/ISTANBUL
E-mail address : info@monumentswimwear.com
Product return address : Ortakoy Mah. Turkish Airlines Site Road SOK. Seyhan Sitesi F Blok B NO:2 b Interior Door No:8 BEŞİKTAŞ/ISTANBUL
1.2. Buyer
Name-surname/TC.No: ... ...
Address: {SATIS_TESLIMAT_ADRES}
Phone: ...
E-mail: ...
Article 2- Subject
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts in relation to the sale and delivery of the product whose qualifications and sales fee are specified below, which the BUYER ordered electronically (e-commerce) from the https://www.monumentswimwear.com website of the SELLER.
The buyer, the seller's name, title, street address, telephone and other access information, the basic qualities of the goods subject to sale, the sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to exercise this right, the official authorities to which they can submit their complaints and objections, etc. that they have been informed by the seller in accordance with the clear, understandable and internet environment (on the www.monumentswimwear.com site), that they have confirmed this preliminary information electronically and that they have ordered the goods afterwards. accepts and declares that it is accepted and declared by the provisions of this contract.
The preliminary information on https://www.monumentswimwear.com and the invoice issued upon the order placed by the buyer are integral parts of this agreement.
Article 3- Contractual Product/Payment/Delivery Information
The type and type, quantity, brand / model, sales price, payment method, delivery address, delivery address, invoice information, shipping fee of the product / products purchased electronically are as follows. The person to be invoiced and the person making the contract must be the same. The information below must be correct and complete. The buyer agrees to fully compensate the damages arising from situations where this information is not correct or incomplete. The buyer also accepts any liability that may arise from this situation.
The SELLER reserves the right to stop the order when it deems necessary, when the information provided by the BUYER does not correspond to reality. In cases where the SELLER detects a problem in the order, if the BUYER cannot reach the BUYER at the telephone, e-mail and postal addresses provided by the BUYER, it freezes the execution of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER on the subject during this period. If no response is received from the BUYER within this period, the SELLER cancels the order in order to prevent damage to both parties.
Product(s) Received
Payment Method : Credit Card / Bank Transfer (EFT) / Payment at the Door / PayPal
Delivery Person : ... ...
Telephone number : ...
Article 4- Contract Date and Force Majeure
The contract date is .../.../...., the date on which the order is placed by the buyer.
Situations that are not existing or foreseen at the time of signing the contract, that are beyond the control of the parties, that make it impossible for one or both of the parties to fulfill their obligations and responsibilities assumed by the contract partially or completely or to fulfill them on time, will be considered as force majeure (Natural disasters, war, terrorism, insurrection, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party in whose person the force majeure event occurs shall notify the other party immediately and in writing.
During the continuation of force majeure, the parties shall not be liable for any failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
Article 5- Rights and Obligations of the Seller
5.1. The Seller accepts and undertakes to fulfill the obligations imposed on him in the contract in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts, except in force majeure.
5.2. Persons under 18 (eighteen) years of age may not shop at Monument Body. The seller shall rely on the correct age of the buyer as stated in the contract. However, the seller cannot be held liable in any way for the buyer's misspelling of the buyer's age.
5.2. Monument Body is not responsible for price inaccuracies caused by system errors. Accordingly, the seller is not responsible for the system on the website, the design or the promotion, price errors that may arise due to illegal interventions that may be made to the website. The buyer cannot make a claim against the seller based on system errors.
5.3. Purchases from https://monumentswimwear.com can be made by credit card (Visa, MasterCard, etc.), payment at the door or bank transfer. Orders that are not remitted within 3 (three) business days from the order date will be canceled. The time of processing of orders is not the moment the order is placed, but the moment the necessary collection from the credit card account is made or the transfer (EFT) is received in the bank accounts.
Article 6- Rights and Obligations of the Buyer
6.1. The Buyer accepts and undertakes to fulfill the obligations imposed on him in the contract in full, except for force majeure.
6.2. By placing an order, the Buyer accepts and undertakes that he/she is deemed to have accepted the provisions of the contract and that he/she will make the payment in accordance with the payment method specified in the contract.
6.3. The buyer accepts and declares that the seller's name, title, open address, telephone and other access information, the basic qualities of the goods subject to sale, the sales price including taxes, payment method, delivery conditions and costs, etc. from the website https://www.monumentswimwear.com. all preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to exercise this right, the official authorities where they can submit their complaints and objections, etc. It accepts and declares that it has clear, understandable and appropriate information in accordance with the internet environment and that it confirms this preliminary information electronically.
6.4. Depending on the previous article, the Buyer declares that he / she has read and informed the https://www.monumentswimwear.com order / payment / usage procedure information, which includes product order and payment terms, product usage instructions, precautions and warnings against possible situations, and that he / she has given the necessary confirmation electronically.
6.5. The buyer agrees and undertakes not to damage the product and its packaging in any way whatsoever if he/she wishes to return the product he/she has purchased, and to return the original invoice and delivery note at the time of return.
Article 7- Order/Payment Procedure
Order:
After the TL amount including VAT of the products added to the shopping cart is approved by the buyer, it is processed through PayU Virtual Pos for credit card payments. Before the orders are shipped, an e-mail is sent to the customer that the order is being prepared. Any disruption in the process or problems that may arise with the credit card will be notified to the buyer by using one or more of the telephone/fax/e-mail ways specified in the contract. If necessary, the buyer may be asked to contact his/her bank. The time for processing orders is not the moment the order is placed, but the moment it is determined that the necessary collection from the credit card account has been made or the transfer (EFT) has reached the seller accounts.
Exceptionally, if it is understood that the goods subject to the contract cannot be supplied for a justifiable reason and / or if a stock problem is encountered, if the buyer is immediately informed and approved in a clear and understandable manner, another good of equal quality and price may be sent to the buyer or in line with the buyer's desire and choice; another new product may be sent, the product may be expected to enter the stocks or other obstacles to delivery to be eliminated and / or the order may be canceled.
In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract, the buyer shall be notified of this situation and the contract shall be canceled by returning the total amount paid and any documents that put him under debt, if any, within fourteen days at the latest. In such a case, the buyer shall not claim any additional material and moral damages from the seller.
Payment:
At https://www.monumentswimwear.com, buyers who do not want to use their credit card information on the internet are offered the opportunity to pay cash at the door or order by money order. In payment by wire transfer, the buyer can make the transfer to https://www.monumentswimwear.com's Turkey Garanti Bank account. If EFT has been made, the date of receipt will be taken into account. When making a wire transfer and/or EFT, the "Sender Information" must be the same as the Invoice Information and the order number must be written.
After the delivery of the product, if the relevant bank or financial institution does not pay the product price to the Seller due to the unfair or unlawful use of the credit card of the Buyer by unauthorized persons in a way that is not caused by the fault of the Buyer, the Buyer is obliged to send the product delivered to him to the Seller within 10 days. In such cases, transportation costs shall be borne by the Buyer.
Article 8- Shipment/Delivery Procedure
Shipment:
With the sending of the order confirmation e-mail, the product / products are given to the shipping company contracted by the seller. The contracted shipping company of the https://www.monumentswimwear.com brand is Ups Cargo.
Delivery:
The product / product will be delivered to the buyer's address with Ups cargo, with which https://www.monumentswimwear.com has an agreement. The delivery time is a maximum of 7 working days from the sending of the Order confirmation e-mail and the conclusion of the contract. This period may be extended by a maximum of ten days, provided that the Purchaser is notified in writing or by means of a continuous data carrier in advance.
The products are sent with telephone notification to the regions where the cargo companies do not deliver to the address.
In regions where the Cargo Company delivers one day a week, in cases where there are inaccuracies and deficiencies in the shipment information, in cases such as some social events and natural disasters, there may be a delay in the specified day period. The buyer cannot impose any liability on the seller for these sags.
If the product will be delivered to a person / organization other than the Buyer, the seller is not responsible for the extra shipping costs that may arise from the person / organization to be delivered not accepting the delivery, inaccuracy in the shipping information and / or the Buyer's absence.
If the product(s) has not reached the customer within the specified days, delivery problems should be reported to customer service infomonumentswimweare.com
must be notified immediately by using the e-mail address.
In case of damaged package; Damaged packages should not be received and a report should be made to the Cargo Company official. If the Cargo Company official is of the opinion that the package is not damaged, the buyer has the right to have the package opened there to check that the products are delivered undamaged and to request that the situation be determined with a report. After the package is received by the Buyer, it is accepted that the Cargo Company has fully fulfilled its duty. If the package is not accepted and a report is made, the situation must be reported to the seller's Customer Service as soon as possible, with the copy of the report remaining with the Buyer.
Article 9- Procedure for Product Return and Right of Withdrawal
Product Returns:
The buyer has the right to withdraw from the contract within fourteen days after receiving the goods without any justification and without penalty.
In accordance with the 385 numbered general communiqué of the tax procedure law, in order to make the return transactions in accordance with the general communiqué of the tax procedure law, the buyer must fill in the return sections at the bottom of the 2 invoices of the seller delivered with the goods completely and correctly, sign and send one copy to the seller with the product and keep the other copy in his possession.
The right of withdrawal starts from the day the goods are delivered to the buyer. If the reason for the return of the returned product or products is arbitrary, the cost must be borne by the buyer, but if the product is faulty due to the Seller, the cost must be borne by the Seller.
There is no right of withdrawal for goods prepared in accordance with the wishes of the buyer and/or explicitly in accordance with his/her personal needs.
In the event that the buyer exercises the right of withdrawal, the seller shall return the total price received within ten days at the latest from the receipt of the invoice containing the withdrawal notification together with the product and any documents that put the consumer under debt, if any, without any expense to the consumer.
The decrease in the value of the goods received or the existence of a reason that makes the return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or impossibility of return is due to the fault of the consumer, the seller must compensate the seller for the value of the goods or the decrease in value.
The general return period is 7 days for each product received by mistake. Within this period, the return of products whose packaging has been opened in such a way that the product may be damaged is not accepted. Returns must be made with the original packaging and invoice.
In cases where any opening, deterioration, breakage, breakage, destruction, destruction, tearing, use and other situations are detected in the product and its packaging and if the product cannot be returned in its condition at the time the product is delivered to the buyer, the product will not be returned and the price will not be refunded.
For a product return, the situation should first be communicated to customer service. Information about the return of the product is sent to the customer by the seller. After this meeting, the product must be delivered to the seller through the Cargo company (UPS CARGO) that delivers to the buyer address together with the invoice containing information about the return.
If the returned product that reaches the seller meets the conditions specified in this contract, it is accepted as a return, and the refund is made to the buyer's credit card / account. No refund will be made until the product is returned. The period of reflection of the refunds made to the Credit Card to the credit card accounts is at the disposal of the relevant bank.
If the purchase was made by credit card and in installments, the credit card refund procedure will be applied as follows: If the buyer has requested to purchase the product in installments, the Bank will refund the buyer in installments. After the seller pays the full amount of the product price to the bank in a single payment, in the event that the installment expenditures made from the Bank's POS are returned to the buyer's credit card, the requested refund amounts are transferred to the bearer's accounts by the Bank in installments in order to prevent the parties involved in the matter from being victimized. The installment amounts paid by the buyer until the cancellation of the sale, if the return date and the account cut-off dates of the card do not coincide, 1 (one) refund will be reflected on the card every month, and the buyer will receive the installments paid before the return after the installments of the sale are over, as many months as the number of installments paid before the return and will be deducted from the existing debts.
In case of the return of goods and services purchased with the card, the seller cannot pay the buyer in cash in accordance with the contract with the Bank. In case of a return transaction, the merchant, i.e. the seller, will make a refund through the relevant software, and since the merchant, i.e. the seller, is obliged to pay the relevant amount to the bank in cash or in cash, the buyer cannot be paid in cash in accordance with the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the above procedure after the buyer has paid the price to the Bank in one lump sum.
Article 10-Guarantee
Products that are used and cleaned in accordance with the instructions for use are guaranteed for 2 years against all kinds of production defects under the conditions stated below: The warranty responsibility of the seller is only valid for consumers who fall within the scope of Law No. 4077. The provisions of the Turkish Commercial Code shall apply for commercial works.
Article 11- Confidentiality
The information provided by the buyer to the seller for the purpose of making payment with the information specified in this contract by the seller 3. will not be shared with individuals.
The Seller will only be able to disclose this information within the framework of the existence of an administrative/legal obligation. In any judicial investigation with a documented investigative capacity, the seller may provide the requested information to the relevant authority if he/she has it in his/her possession.
Credit Card information is never stored. Credit Card information is only used for obtaining authorization by securely transmitting it to the relevant banks during the collection process and is deleted from the system after authorization.
Information such as e-mail address, postal address and telephone number of the buyer is only used by the seller for standard product delivery and information procedures. In some periods, campaign information, information about new products, promotional information may be sent to the recipient after their approval.
Article 12- Competent Courts and Enforcement Offices in Case of Dispute
In case of dispute arising from the implementation of this contract, the Consumer Arbitration Committees and the Consumer Courts in the settlement of the Buyer or the Seller are authorized up to the value announced by the Ministry of Industry and Trade in December each year.
In the event that the order is realized, the Buyer is deemed to have accepted all the terms of this agreement. .../.../...
Article 13 - Notices and Evidence Agreement
Any correspondence between the Parties under this Agreement shall be made by e-mail, except in mandatory cases listed in the Law. The Buyer, in disputes that may arise from this Agreement, https://www.monumentswimwear.com's official books and commercial records, electronic information and computer records kept in its own database, servers and servers will constitute binding, conclusive and exclusive evidence, this article 193 of the Code of Civil Procedure. accept, declare and undertake that it is in the nature of an evidential contract within the meaning of the article.