8-Terms Of Service – MARBLEMAR | LUX & HOME

8-Terms Of Service

TERMS OF SERVICE

PURCHASING RULES & DISTANCE PRE-SALES AGREEMENT

ARTICLE 1: THE PARTIES

1.1– SELLER

Title: marblemar.com

Address: Seyrantepe Mahallesi. Caliskan Sokak No: 20 / N-Ispar Is Merkezi No: 78 Kagithane-34418-Istanbul-Turkey

Phone: +90 212 570 15 16

WhatsApp:+90 553 455 25 56

Email address: marblemarcontact@gmail.com

To:

1.2 - BUYER

The address and contact information that are granted by the person while registering to www.  marblemar.com shopping website are taken in a basis.

ARTICLE 2: SUBJECT

The subject of this Distance Sales Contract is to determine the BUYER’s rights and obligations to the SELLER in accordance with the provisions of the Law About Consumer Protection (No. 4077) and the Regulation and Principles on the Application of Distance Contracts regarding the sale and delivery of the product that has stated qualities and sale price which is ordered electronically via the www.marblemar.com website.

ARTICLE 3: CONTRACT PRODUCT

Product Type and Kind, Quantity, Brand / Model, Color and Sale Price and Delivery Information are as follows.

You can review the main features of goods or services during the campaign on www.marblemar.com. After the order is created, you can access this information under your orders section.

Delivery Date: Shipments will start on {shipment-date} after the campaign ends on {campaign-end-date}. Product shipments will be completed within an average of 1 week. This period can be extended up to a maximum of 30 days from the day the order is received in accordance with the Consumer Legislation in case of a problem in shipments. In addition, it can be extended for ten days in addition to the 30-day period, provided that the BUYER is notified in writing or with a continuous data carrier.

ARTICLE 4: GENERAL PROVISIONS

4.1. The BUYER, on the website www. marblemar.com, accepts and declares that he/she has read and confirmed in the electronic environment:  the preliminary information regarding the basic features of the product subject to the contract, the sale price including all taxes, the form of payment, the delivery and its costs. The BUYER; by confirming the preliminary information electronically, confirms that before the conclusion of distance contracts, the address to be given by the BUYER to the SELLER, the basic features of the ordered products, the American Dolar price of the products including the taxes, payment and delivery information are correct and complete.

4.2. The subject of the contract is delivered to the BUYER or the person / organization at the address indicated in the preliminary information on the website depending on the distance of the BUYER's location for each product, provided that it does not exceed the legal 30-day period.

4.3. All shipping costs related to delivery will be paid by the BUYER and will be reflected on the invoice regarding the order under the name of 'Shipping Fee'. Product delivery shall not be made to anyone other than the person/persons authorized to receive the delivery specified in this contract. It is obligatory to present the authorized person’s ID to receive the delivery. If they do not present an Identity Card, the products will be rejected to be delivered to them. Due to any problems that the cargo company may encounter during the delivery of the product to the BUYER, if the receiving person/organization does not accept delivery of the product / service that is ordered when the product/service subject to the contract will be delivered to another person/organization aside from the BUYER, the SELLER cannot be held responsible.

4.4. The SELLER is responsible for the delivery of the product subject to the contract intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals if there is any.

4.5. The SELLER can supply the BUYER with a different product at an equal quality and price before the expiry of the contractual obligation arising from the contract, on the basis of a justified reason.

4.6. If the SELLER cannot fulfill its contractual obligations where the completion of the ordered product or service becomes impossible, it shall notify the consumer before the expiry of the contractual obligation, and may supply the BUYER with a different product of equal quality and price or return the product price to the consumer.

4.7. Preliminary Information Form must be confirmed electronically for delivery of the product. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be freed from the delivery obligation.

4.8. In case the 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 the unauthorized persons after the delivery of the product, the BUYER must return the products (that have been delivered) to the SELLER within 3 days.  In this case, the shipping costs belong to the BUYER.

4.9. The SELLER is obliged to notify the BUYER if it cannot deliver the product subject to the contract within the due time because of force majeure or extraordinary situations such as the air opposition preventing or interrupting the transportation. In this case, the BUYER may use his right to cancel the order, or to replace the product subject to the contract with the equivalent if any, and / or to postpone the delivery period until the barrier situation disappears. In the event that the BUYER cancels the order, the total amount paid by him/her is returned in cash and at once in 10 days. In the payments that BUYER makes by credit card, the product amount is returned to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount to the BUYER’s account after the return to the bank is completely related to the bank transaction process, the BUYER is already accepting that the SELLER will not be able to intervene in any way for the possible delays and it may take an average of 2 to 3 weeks for the bank to reflect the amount returned to the credit card.

4:10. In the event that the product purchased by the BUYER is among the products that are obligatory to be sold with the warranty certificate, the BUYER agrees in advance that the box of the product is opened by the SELLER and the warranty certificate is signed by the SELLER.

ARTICLE 5: RIGHT OF WITHDRAWAL

BUYER; has the right to withdraw without having to give reason within 7 (seven) days from the date of delivery of the product / service to itself or the person / organization at the address indicated.

In order to use the right of withdrawal, notification must be made to the SELLER via a fax, e-mail or electronic return form at www. marblemar.com within 7 days and the product must not be used in accordance with the provisions of Article 6 of this Agreement and may be offered for resale by the SELLER. If this right is exercised,

a)The original invoice with the cargo delivery report stating that the product delivered to the 3rd person or the BUYER is sent to the SELLER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Refunds will not be completed unless the RETURN INVOICE is issued.)

 b)Return form,

 c)The products to be returned within 7 (seven) days must be delivered complete and undamaged with the box, packaging and standard accessories, if any. If the right of withdrawal is used in sales with gifts, the gift will also be returned by the BUYER.

 d)After the withdrawal notification reaches the SELLER, the product price is refunded to the BUYER within 10 days. The SELLER is obliged to receive the goods within 20 days.

e)When returning the product to the SELLER, the original invoice submitted to the BUYER during the delivery of the product must also be returned. The return section of the invoice to be returned with the product should be filled in and signed by the BUYER.

 f)If there is a decrease in the value of the goods due to a reason caused by the BUYER's defect or if the return becomes impossible, the BUYER is liable to compensate the losses of the SELLER.

g)In case of falling below the campaign limit amount regulated by the SELLER due to the exercise of the withdrawal right, the amount of discount used within the scope of the campaign is canceled.

When returning the product to the SELLER, the original invoice submitted to the BUYER during the delivery of the product must be returned, and if the invoice is not sent with the product, the refund will not be made, the product will be sent back to the BUYER in the same way as a counter-payment. "Return invoice" should be written on the invoice to be returned with the product and signed by the BUYER.

ARTICLE 6: PRODUCTS WITHOUT THE RIGHT OF WITHDRAWAL

By its nature; The right of withdrawal cannot be exercised for disposable products, copied software and programs, products that deteriorate quickly or are likely to exceed the expiration date, products that are prepared in accordance with the wishes of the BUYER or explicitly his personal needs, which are not suitable for return.

The exercise of the right of withdrawal in the following products is subject to the condition that the product has not been opened, intact, and the product has not been used and tried.

  • All kinds of Cosmetic Products
  • Underwear Products
  • All Kinds of Personal Care Products
  • All kinds of software and programs
  • DVD, VCD, CD and cassettes
  • Computer and stationery consumables (toner, cartridge, ribbon, etc.)
  • Portable computers and desktop computers (except when the products are defective and broken) are not refundable after the original operating system is installed (after the computer is installed.)

ARTICLE 7: DEFAULT OF DEBTOR

In the event that the BUYER defaults, the BUYER agrees to pay the SELLER's losses due to the delayed performance of the debt. In the event that the parties fail to fulfill their actions arising from this contract, the debtor will be deemed to have defaulted in accordance with the general provisions, and in the event that the defaulting party does not fulfill its performance without a justified reason within the period, the other party will give a 7 (seven) days period for the performance of the act in question. During this period, if the performance is not fulfilled, the party that does not fulfill the performance has the right to return from the contract and to pay the damage caused by the failure of the contract to the other party. In case of default, the interest rate will be determined as the Turkish Central Bank’s (TRCB) overnight borrowing interest rate.

ARTICLE 8: AUTHORIZED COURT

In case of dispute between the parties in the implementation of this contract and if this dispute cannot be resolved through friendly remedies; within the framework of the values announced by the Ministry of Industry and Trade; the issue can be carried to Arbitration Committee for Consumer Problems and the Consumer Courts which are authorized in the place where the BUYER purchased the goods or services and where his/her residence is located. The buyer;

- Applications for complaints and appeals regarding transactions up to 1,161.67 TL; are made to the Arbitration Committee for Consumer Problems at the place of purchase or at his/her place of residence;

- For complaints and appeals related to transactions with a product value above TL 1,161.67, the consumer can make applications to the Consumer Court in the place where he/she has purchased the product or where he/she is located.

- In the third paragraph of Article 5 of the Consumer Problems Arbitration Committees Regulation published in the Official Gazette dated 01/08/2003 and numbered 25186, the lower monetary limit for the provincial arbitration committees operating in metropolitan provinces is 3,032.65 TL.

If the order is approved, the BUYER is deemed to have accepted all the terms of this contract.

This Agreement has been made for commercial purposes.