This Distance Sales Agreement (Contract); (Buyer) whose address is specified in article 3 and Mahmutbey Mah. 2567 Sok No.6 34218 Bağcılar / İstanbul Cebir Giyim San. Trade Ltd. Sti. (The Seller) in electronic environment within the framework of the terms and conditions stated below.
The subject of this contract is the Law No. 6502 on the Protection of Consumers regarding the sale and delivery of the product, the qualifications and sales price of which are specified below, which the BUYER has ordered electronically (e-commerce) from the SELLER's website http://www.maratonsportswear.com and determining the rights and obligations of the parties in accordance with the provisions of the Regulation on Distance Contracts.
The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
Buyer, seller's name, title, full address, telephone and other access information, basic qualities of the goods subject to sale, 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 use this right, the official authorities to which they can submit their complaints and objections, etc. It accepts and declares that it has been informed by the seller clearly, understandably and in accordance with the internet environment (e-commerce site), confirms this preliminary information in electronic environment and then orders the goods in accordance with the provisions of this contract.
The preliminary information on the http://www.maratonsportswear.com site and the invoice issued on the order given by the buyer are integral parts of this contract.
3. Contractual Product/Payment/Delivery Information
The type and type, quantity, brand/model, sales price, payment method, recipient, 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 accepts to fully cover the damages that may arise from the situations where this information is not correct or incomplete, and also the buyer accepts any responsibility that may arise from this situation.
The SELLER reserves the right to stop the order when it deems necessary, when the information given by the BUYER does not match the reality. In cases where the SELLER detects a problem in the order, if the BUYER cannot reach the BUYER from the telephone, e-mail and postal addresses given by the BUYER, it freezes the execution of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue during this period. If no response is received from the BUYER within this period, the SELLER cancels the order so that both parties are not harmed.
Name , code : ; … piece
Total Sales Price : …. -TL
Payment Method: Credit Card / Bank Transfer (EFT)
Delivery Person :
Phone number :
Delivery Address :
Person/Institution to be Invoiced:
Billing address :
Tax Administration :
Tax Registration Number:
Shipping Fee: 29,99 –TL
4. Contract Date and Force Majeure
The contract date is ../../…, which is the date the order was placed by the buyer.
Circumstances that do not exist or are not foreseen at the date of signing of the contract, develop beyond the control of the parties, and that make it impossible for one or both of the parties to partially or completely fulfill their obligations and responsibilities assumed by the contract or to fulfill them on time, force majeure (natural disaster, war , terrorism, insurrection, changing legislation provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party in the person of force majeure shall notify the other party immediately and in writing.
During the continuation of the force majeure, the parties will 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.
5. Rights and Obligations of the Seller
5.1. The Seller agrees and undertakes to fulfill the obligations imposed on him in the contract, except for force majeure, in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts.
5.2. Persons under the age of 18 (eighteen) cannot shop at www.maratonsportswear.com. The seller will assume that the age specified by the buyer in the contract is correct. However, the seller cannot be held responsible in any way due to the wrong writing of the age of the buyer.
5.2. http://www.maratonsportswear.com is not responsible for price errors caused by system errors. Accordingly, the seller is not responsible for the promotion and price errors that may arise due to the system, design or illegal interventions on the website. The buyer cannot claim from the seller based on system errors.
5.3. You can shop at http://www.maratonsportswear.com by credit card (Visa, MasterCard, etc.) or bank transfer, Cash on Delivery, Credit Card Payment at the Door. Orders that are not transferred within 1 business day from the order date will be cancelled. The processing time of orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) reaches the bank accounts. Payment methods such as cash on delivery or postal check, which are made without contacting customer service, are not accepted.
6. Buyer's Rights and Obligations
6.1. The buyer accepts and undertakes to fulfill the obligations imposed on him in the contract, except for force majeure.
6.2. The buyer accepts and undertakes that he/she has accepted the terms of the employment contract and will make the payment in accordance with the payment method specified in the contract.
6.3. The buyer, on the website http://www.maratonsportswear.com, the name, title, full address, telephone and other access information of the seller, the basic characteristics 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 use this right, the official authorities to which they can submit their complaints and objections, etc. He/she accepts and declares that he/she has clear, understandable and appropriate information about the internet environment and confirms this preliminary information in electronic environment.
6.4. Pursuant to the previous article, the Buyer declares that he has read and is informed about the order/payment/use procedure information of www.maratonsportswear.com, which includes product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings, and gives the necessary confirmation in electronic environment.
6.5. If the buyer wishes to return the product he has purchased, he agrees and undertakes not to damage the product and its packaging under any circumstances, and to return the original invoice and the delivery note at the time of return.
7. Order/Payment Procedure
After the buyer's approval of the TL amount of the products added to the shopping cart, including VAT (total installment amounts in installment transactions), it is processed over the POS of the relevant bank card. For this reason, an order confirmation e-mail is sent to the customer before the orders are shipped. No shipment can be made before the Order Confirmation e-mail is sent.
Any disruption in the process or problems that may arise regarding the credit card are 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 bank. The processing time of orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) is determined to reach the seller's accounts.
In the event that it is understood that the contractual goods cannot be supplied for an exceptionally justified reason and/or a stock problem is encountered, if the buyer is informed and approved immediately in a clear and understandable way, another goods of equal quality and price can be sent to the buyer, or in line with the buyer's desire and choice; a new product may be sent, it may be expected that the product will be in stock or the other obstacle preventing delivery will be removed, and/or the order may be cancelled.
In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract, the buyer is informed of this situation and the total price paid and any documents that put him under debt, if any, are returned to him within ten days at the latest, and the contract is canceled. In such a case, the buyer will not claim any additional material and moral damages from the seller.
At http://www.maratonsportswear.com, buyers who do not want to use their credit card information on the internet are offered the opportunity to order with cash - money order - cash at the door or by credit card. In payment by wire transfer, the buyer can choose the bank most suitable for him and make the transfer. If EFT is made, the date of transfer to the account will be taken into account. When making money order and/or EFT, the "Sender Information" must be the same as the Billing Information and the order number must be written.
After the delivery of the product, if the relevant bank or financial institution fails to pay the product price to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, which is not due to the Buyer's fault, the Buyer's product delivered to him within 10 days. It is mandatory to send to . In such cases, shipping costs belong to the Buyer.
If the Buyer has chosen to pay by credit card, the BUYER accepts that he will confirm the relevant interest rates and default interest information separately from his bank, and that the provisions on 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, declares and undertakes.
8. Shipping/Delivery Procedure
With the sending of the order confirmation e-mail, the product/products are given to the courier company with which the seller has an agreement.
The product/products will be delivered to the address of the buyer with the cargo agreed by the seller. The delivery time is 30 days from the sending of the Order confirmation mail and the conclusion of the contract. This period may be extended by a maximum of ten days, provided that the buyer is notified in writing or by a permanent data carrier.
The products are sent to the regions where the cargo companies do not deliver to the address by telephone notice.
In regions where the Cargo Company delivers once a week, there may be a delay in the specified day in cases such as inaccuracies or deficiencies in the shipping information, some social events and natural disasters. The buyer cannot impose any responsibility on the seller due to these sags. If the product is to be delivered to another person / organization from the Buyer, the seller is not responsible for the extra shipping costs that may arise from the person / organization not accepting the delivery, inaccuracy in the shipping information and / or the absence of the Buyer. If the product/products did not reach the customer within the specified days, delivery problems should be reported to the customer services immediately by using the e-mail address of [email protected].
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 representative is of the opinion that the package is not damaged, the buyer has the right to open the package and have the products checked that they were 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 kept, the situation should be reported to the Seller Customer Service as soon as possible, with the
9. Procedure for Product Return and Right of Withdrawal
The buyer has the right to withdraw from the contract within fourteen (14) working days after receiving the goods, without giving any reason and without paying any penalty. In accordance with the general communiqué of the tax procedure law numbered 385, the buyer must fill in the return sections on the bottom or the back of the 2 invoices belonging to the seller delivered with the goods completely and correctly, sign, send a copy to the seller together with the product, and keep the other copy. . The right of withdrawal starts from the day the goods are delivered to the buyer. The cost of returning the returned product or products to the Seller must be borne by the buyer.
There is no right of withdrawal for goods prepared in line with the buyer's wishes and/or his personal needs.
In case the buyer exercises his right of withdrawal, the seller will return the total amount received and any documents that put the consumer in debt, if any, within ten days (10) at the latest, from the receipt of the invoice containing the withdrawal notification, without incurring any expense to the consumer.
The decrease in the value of the received goods or the existence of a reason that makes the return impossible do not prevent the use of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the seller must compensate the value or decrease in the value of the goods.
The general return period for any product purchased inadvertently is 14 days. Within this period, the return of products that have been opened, used, destroyed, etc. will not be accepted.
Returns must be made with the original packaging. In cases where any opening, deterioration, breakage, destruction, tearing, use and other conditions are detected in the product and its packaging that were purchased by mistake, and in case the product cannot be returned as it was when it was delivered to the buyer, the product is not returned and the price is not refunded.
For product return, the situation should be reported to customer service first. The information about sending the product as a return is sent to the customer by the seller. After this meeting, the product should be delivered to the seller, together with the invoice containing the information about the return, via the Cargo company that makes the delivery to the buyer's address. If the returned product reaches the seller, it is accepted as a return if it meets the conditions specified in this contract, and the refund is made to the buyer's credit card/account. No refund will be made until the product is returned. Refunds to Credit Card; The period of reflection on credit card accounts is at the disposal of the relevant bank.
If the purchase is made with a credit card and in installments, the refund procedure to the credit card will be applied as follows: If the buyer has sent the purchase request for the product in installments, the Bank makes the repayment to the buyer in installments. After the seller pays the entire product price to the bank at once, 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 by the Bank to the bearer's accounts in installments so that the parties involved do not become victims. The installment amounts paid by the buyer until the cancellation of the sale, if the return date and the card's account cut-off dates do not coincide, 1 (one) refund will be reflected on the card each month, and the buyer will receive the installments paid before the return for another month, after the installments of the sale are over, equal to the number of installments he has paid before the return, and will be deducted from existing debts.
In case of return of goods and services purchased with a card, the seller cannot make a cash payment to the buyer in accordance with the contract he has made with the Bank. In the event of a return transaction, the member workplace, namely the seller, will make the refund via the relevant software, and since the member workplace, the seller, is obliged to pay the relevant amount to the Bank in cash or as a deduction, the buyer cannot be paid in cash in accordance with the procedure detailed above. Refund to the credit card will be made by the Bank in accordance with the above procedure, after the buyer pays the amount to the Bank at once.
If the total amount of product shopping falls below the lower limit of the cargo service fee campaign due to the returned product, after the Buyer makes a purchase above the lower limit of the free shipping option announced on the www.maratonsportswear.com site and benefits from the campaign to cover the cargo service fee by the Seller. The shipping service fee is deducted from the shopping price and returned to the buyer.
If it is determined that the total amount of the products remaining with the buyer as a result of the refund, is below this lower limit, in the purchases made by the buyer using a low-limit campaign through the www.maratonsportswear.com site, the company will have the right to deduct the discount amount in the campaign from the refund amount to be paid.
Trendyol, Hepsiburada, N11, etc. If you buy Maraton Sportswear products through the marketplace sites, you are subject to the return/exchange and shipping conditions of the relevant website.
You can return your unused, unmodified, unwashed, undamaged and uncut inner/outer tags that you have purchased from www.maratonsportswear.com within 14 days. The seller's warranty liability is only valid for consumers covered by the law numbered 6502. For commercial works, the provisions of the Turkish Commercial Code shall apply.
11. Rules on Protection of Personal Data, Commercial Electronic Messages and Intellectual-Industrial Rights
11.1. Name, surname, e-mail address of the BUYER, which can be defined as personal data within the scope of the Law on Protection of Personal Data No. 6698, T.C. ID number, demographic data, financial data, etc. informations;
Taking orders, providing products and services, developing products and services, solving systemic problems, performing payment transactions, -in case of prior approval- to be used in marketing activities about orders, products and services, updating the information of the BUYER and managing and maintaining the memberships. It can be recorded indefinitely by the SELLER, the SELLER's subsidiaries and third parties and/or organizations, in written/magnetic archives, for the purpose of performing the distance sales contract and other agreements established between the SELLER and the SELLER, and to ensure that the technical, logistics and other similar functions of the third parties are performed on behalf of the SELLER. may be stored, used, updated, shared, transferred and processed in other ways.
11.2. To BUYER ‘s; in accordance with the current legislation, for the purposes of promotion, advertisement, communication, promotion, sales and marketing of all kinds of products and services, for credit card and membership information, transaction and applications; Commercial electronic communications can be made by Cebir Giyim Sanayi Ticaret Limited Şirketi via SMS/short message, instant notification, automatic call, computer, telephone, e-mail/mail, fax and other electronic communication tools.
The BUYER has accepted to receive commercial electronic messages.
11.3. Necessary measures for the security of the information and transactions entered by the BUYER on the Website have been taken in the Seller's own system infrastructure, within the scope of today's technical possibilities, according to the nature of the information and transaction. However, since the said information is entered from the devices belonging to the BUYER, it is the BUYER's responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated persons.
11.4. The BUYER may reach the SELLER through the specified communication channels and request data usage-processing and/or communication to be stopped at any time. According to the clear notification of the BUYER on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, except those that are legally required and/or possible, are deleted from the data recording system or anonymized in an anonymous way. If the BUYER wishes, he/she may object to the emergence of a result against him/her by means of transactions related to the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, analysis with automatic systems, In case of any damage due to the processing of the SELLER, you can always apply to the SELLER and get information. The applications in question will be examined and the BUYER will be returned within the legal period, within the periods stipulated in the legislation.
11.5. Regarding all kinds of information and content of the Internet Site and their arrangement, revision and partial/complete use; Except for those belonging to other third parties according to the SELLER's agreement; all intellectual and industrial rights and property rights belong to Cebir Giyim San. Trade Ltd. Şti.
12. Evidence Agreement and Competent Court
SELLER records (including records in magnetic media such as computer-sound recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation. The parties have agreed that the Consumer Courts of the BUYER and the SELLER will be authorized in disputes arising from the implementation and interpretation of the Agreement, in cases exceeding the Consumer Arbitration Committees in the place of residence of the BUYER and SELLER, within the monetary limits determined within the framework of the legislation.
In the event that the payment for the order placed on the site is realized, the BUYER shall be deemed to have accepted all the terms of this Agreement. The SELLER is obliged to make software arrangements to ensure that the said Agreement cannot be placed on the site without obtaining the confirmation that the BUYER has read and accepted it.