PRELIMINARY SALES AGREEMENT (“CONTRACT”)

ARTICLE 1- INFORMATION REGARDING THE SELLER

Title:	MİST STUDİOS TEKSTİL PAZARLAMA SANAYİ VE TİCARET LİMİTED ŞİRKETİ (“Death Is Easy” veya “Satıcı”)
Mersis No:	0622235213100001
Trade Registery No:	436886-5
Registration No:
Address:	CADDEBOSTAN MAH KEMAL SUNAL SK. REŞİDE BAYAR APT. NO:11 D:12, KADIKÖY / İSTANBUL
E-Mail:	info@deathiseasy.com
Website:	https://www.deathiseasy.com/ (“İnternet Sitesi”)
Customer Complaint and communicaiton channel:	info@deathiseasy.com
Product Return address:	CADDEBOSTAN MAH KEMAL SUNAL SK. REŞİDE BAYAR APT. NO:11 D:12, KADIKÖY / İSTANBUL

ARTICLE 2 - INFORMATION REGARDING THE CONSUMER

Buyer Name and surname::	[*]
Buyer Delivery Address:	[*]
Buyer Billing Address:	[*]
Delivery Person (Third Party):	[*]
Buyer Telephone number:	[*]
Buyer E-Mail Address	[*]

 

 

 

 

ARTICLE 3 - SUBJECT OF THE AGREEMENT

3.1 The subject of this Agreement is the Law on the Protection of Consumers numbered 6502 (“Law”) and the provisions of the Regulation on Distance Contracts published in the Official Gazette dated 27 November 2014 and numbered 29188, regarding the sale and delivery of the products and/or products whose quality and sales price are specified below. It is the determination of the mutual rights and obligations of the Seller and the Buyer.

ARTICLE 4 - BASIC QUALITIES AND TOTAL PRICE OF THE PRODUCT OR PRODUCTS SUBJECT TO SALE

 

4.1 Other information about the product and/or products, including but not limited to the description of the products, unit amount, number, sales price, shipping/delivery fee and payment terms, is included in article 4 of the Preliminary Information Form. information has been read and approved by the Buyer.

 

ARTICLE 5 - VALIDITY OF COMMITMENTS

5.1 Including, but not limited to, the sales prices, description of products, unit amount, number, cargo/shipping fee specified in article 4 (fourth) of this Agreement (Preliminary Information Form article 4 (four) provision), products and / or other information and promises regarding the products are valid until they are amended and / or changed by the Seller. The seller has the right to unilaterally and at any time amend and change the aforementioned information.

5.2 Prices announced for a certain period of time remain valid until the end of the specified period.

ARTICLE 6 - METHOD OF PAYMENT

6.1 Payments are made using credit or debit cards.

6.2 The order placed by the Buyer using the Website will create a payment obligation for the product or products given to the Buyer.

6.3 Before confirming the order, the Buyer accepts and declares that he has been clearly and comprehensibly informed by the Seller regarding the payment obligation of the order he placed.

ARTICLE 7 – PERFORMANCE OF THE PRODUCT/PRODUCTS

7.1 Product delivery costs belong to the Buyer. If the Seller declares that the delivery fee will be covered by those who shop more than the amount declared on the Website or in some campaigns, the delivery cost shall be borne by the Seller.

7.2 For the delivery of the product subject to the order, the product price must be paid in the payment method preferred by the Buyer and the price must be received by the Buyer. If, for any reason, the product price is not paid or canceled in the bank records, the Seller is relieved of its obligation to deliver the product.

7.3 The delivery of the product or products is made to the address requested by the Buyer and to himself. If the buyer requests delivery to someone other than himself, delivery is made in line with this request.

7.4 The Seller is responsible for the loss and damage that occurs until the delivery of the product to the Buyer or the third party to be determined by the Buyer.

7.5 Product delivery is made by Yurtiçi Kargo company with which the Seller has an agreement. For overseas sales, product delivery is made by the UPS company with which the Seller has an agreement. In the event that the Buyer requests the product to be sent with a carrier other than the carrier determined by the Seller, the Seller is not responsible for any loss or damage that may occur as of the delivery of the product to the relevant carrier.

7.6 Delivery is made as soon as possible after the product price is transferred to the Seller's account. In any case, the Seller delivers the product or products within 30 (thirty) days at the latest, following the receipt of the order and the price of the product subject to the order.

7.7 If the Seller fails to fulfill its delivery obligation despite the expiry of the aforementioned period, the Buyer may terminate the Contract. In case of termination of the contract, the Seller shall submit to the Buyer within 14 (fourteen) days from the date of receipt of the notice of termination of all collected payments, including delivery costs, if any, of the Law on Legal Interest and Default Interest No. 3095 dated 4/12/1984. It is obliged to pay it back together with the legal interest determined in accordance with Article 1 (first) and to return all valuable papers and similar documents, if any, that put the Buyer under debt.

7.8 In cases where the performance of the product subject to the order becomes impossible, the Seller shall notify the Buyer in writing or with a permanent data store within 3 (three) business days from the date of learning of this situation, and all payments collected, including delivery costs, if any, shall be paid as of the date of notification. It must be returned within 14 (fourteen) days at the latest. The situation that the product is out of stock is not considered as the impossibility of fulfilling the product performance.

ARTICLE 8 - GENERAL PROVISIONS

8.1 The Buyer agrees that the total amount(s) of the product or products that are the subject of the Agreement, which is stated in article 4 (fourth) of this Agreement (Preliminary Information Form article 4 (four) provision), shall be covered by the Buyer, the period of delivery and the full trade name of the Seller, that you have read the preliminary information about the full address and contact information and that you have given the necessary confirmation electronically before the conclusion of the Contract.

 

 

Company name	Telephone no	Fax Address	Address
Yurtiçi Kargo Servisi A.Ş.	444 99 99	0212 365 24 79	Ayazağa, Vadi Koru, Kemerburgaz Cd. No: 10 D: Blok, 34485 Sarıyer/İstanbul
UPS Hızlı Kargo Taşımacılığı A.Ş. (For overseas deliveries)	0850 255 00 66	(212) 409 06 10 / 409 06 22	Merkez Mahallesi, Ayazma Cad. Papirus Plaza, B Blok, No: 37/44 34406 Kağıthane/İstanbul

9.11 In the event that UPS, the cargo company with which the Seller has a contract, does not have a branch in the Buyer's place of residence, the Seller will ensure that the product is received from the Buyer, and the Buyer will not pay the shipping fee.

9.12 The decrease in the value of the goods received 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 Buyer's fault, the Seller must compensate the value or decrease in the value of the goods. Changes and deteriorations that occur due to the habitual use of the goods are not considered as a decrease in value.

9.13 Provided that the provisions of Article 30 (thirtieth) of the Law are reserved, sub-contracts automatically terminate if the Buyer exercises his right of withdrawal. In this case, the Buyer is not liable to pay any costs, compensation or penal clauses, without prejudice to the changes and deteriorations that occur if the Buyer does not use the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period.

9.14 The Seller immediately notifies the third party, who is a party to the subcontract, that the Buyer has exercised his right of withdrawal.

ARTICLE 10 - CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED

10.1 The right of withdrawal cannot be exercised by the Buyer in the following cases:

a) Special production products prepared in accordance with the Buyer's requests cannot be returned or exchanged, except in defective cases. The right of withdrawal cannot be exercised on these products.

b) Contracts for goods prepared in line with the Buyer's wishes or personal needs.

c) Contracts for the delivery of perishable or expired goods.

d) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.

e) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.

f) Contracts for books, digital content and computer consumables offered in material environment, if protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.

g) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.

h) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the Buyer.

i) Contracts regarding the services that are started to be performed with the Buyer's approval before the expiry of the right of withdrawal.

ARTICLE 11 - COMPLAINTS AND SUGGESTIONS

11.1 The Buyer may convey all his suggestions and complaints regarding the product or products subject to the order to the Seller via the Seller's e-mail address (info@deathiseasy.com) specified in item 1 (first).

11.2 Complaints and suggestions submitted by the Buyer are examined by the Seller and aimed to be resolved.

ARTICLE 12 - EXCEPTION

12.1 The provisions of the article in this Agreement, which provide legal protection to consumers arising from the Law on the Protection of the Consumer No. 6502, will be valid only in cases where the Buyer is a Consumer. The contract will not be valid between the parties.

ARTICLE 13 - DISPUTE RESOLUTION

13.1 The Buyer shall submit his/her complaints and objections to the T.C. Within the monetary limits determined by the Ministry of Customs and Trade in December every year, the consumer can bring the consumer problems to the arbitral tribunal or the consumer court in the place where the buyer purchased the product or where his residence is located.

ARTICLE 14 - EFFECTIVE DATE

14.1 This Agreement has been concluded on the date [*] of the Buyer's order through the Website, and a copy of the Agreement has been sent to the Buyer's e-mail address.

ARTICLE 15 - MISCELLANEOUS PROVISIONS

 

15.1 The Preliminary Information Form is an integral part of the Distance Sales Contract and the provisions in the Preliminary Information Form and this Agreement cannot be changed unless the Seller and the Buyer expressly agree otherwise.

15.2 If any of the provisions of the Preliminary Information Form and/or Contract are invalid or unenforceable, the invalid and/or unenforceable provision will be replaced with the valid and enforceable provision closest to its purpose, and the remaining provisions will remain in effect.

15.3 All notifications, notices and notifications to be made pursuant to this Agreement shall be made to the addresses of the Parties specified in Article 1 (first) and 2 (second) of this Agreement, by e-mail, cargo with explanation, registered mail with return receipt or via notary public. The Parties accept, declare and undertake that the addresses specified in the Agreement are their legal notification addresses, and in case of a change of address, they will notify the other party of the relevant address change at the latest five (5) business days. Unless the address change is notified, the notifications made to the addresses included in this Agreement will be in accordance with the procedure and valid.

15.4 The Seller and the Buyer accept, declare and undertake that the information contained in this Agreement and that they have specified is correct and that all provisions of the Agreement are valid.

15.5 The Buyer declares that he has read all the conditions and explanations in this Agreement and the Preliminary Information Form, that he has received, reviewed and accepted all the preliminary information on the terms of sale, the exercise of the right of withdrawal, and the Law No. 6502 on the Protection of the Consumer and 29188. It declares, accepts and undertakes that it has learned its rights pursuant to the Regulation on Distance Contracts No. 29188