All users are deemed to have accepted that they have read and approved the sales agreement as soon as they complete their membership process.
The sales contract is a sales contract between VIVA MAISON and the customer in a virtual environment.
ARTICLE 1. PARTIES
1.1 Seller Information
Title: VIVA BİLİŞİM TEKSTİL SANAYİ VE TİCARET LİMİTED ŞİRKETİ (Hereinafter referred to as “ VIVA MAİSON ” or “ SELLER ”) Address: Şemikler Mah. Hüseyin Çokal Cad. Alp B No: 66 İç Kapı No: 4 Merkezefendi/DENİZLİ Phone: +90 532 062 5210 51-52 Product Return Address: Yenimahalle 5011 Sokak No:20 Merkezefendi/Denizli. You can send your return via the courier service notified to you with your order number. E-Mail: info@vivamaison.com.tr
1.2 Buyer Information:
All natural persons are deemed to have accepted that they have read and approved this Sales Agreement as soon as they complete their membership process on the "vivamaison.com.tr" website. All real persons who become members and make purchases on the website "vivamaison.com.tr", the e-commerce store of Viva Maison, will hereinafter be referred to as " BUYER " or " CUSTOMER ". This Sales Agreement is a contract made in a virtual environment between Viva Maison and the Customer.
ARTICLE 2. SUBJECT AND SCOPE OF THE SALES AGREEMENT
The subject of this Sales Agreement is the sale of the product that the BUYER orders electronically from the SELLER's website "www.vivamaison.com.tr" (" Website "), the qualities and sales price of which are stated on the Website. and the determination of the rights and obligations of the Parties in accordance with the provisions of the relevant legislation, especially the Law on Consumer Protection No. 6502 and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014, regarding its delivery.
BUYER, basic characteristics of the products subject to sale, sales price, payment method, delivery conditions, etc. He accepts and declares that he is aware of all preliminary information regarding the product(s) subject to sale and the right of withdrawal, that he confirms this preliminary information electronically and then orders the product(s) in accordance with the provisions of this Sales Agreement. The preliminary information form, KVKK policy and cookie policy on the pages of the Website and the invoice issued upon the order placed by the BUYER are integral parts of this Sales Agreement.
ARTICLE 3. PRODUCT SUBJECT TO THE SALES AGREEMENT
The product on the Website; Type, quantity, brand/model, color, quantity, sales price and payment method are as stated on the Website and these promises may change without notifying the BUYER.
ARTICLE 4. GENERAL PROVISIONS
4.1. BUYER, as stated on the Website, the basic characteristics of the product subject to this Sales Agreement, the sales price and payment method including all taxes, delivery and the costs of this will be covered by the BUYER, the period in which the delivery will be made and the full commercial name, full address and contact information of the SELLER. He declares that he has read the preliminary information and is informed and has given the necessary confirmation electronically.
4.2. SELLER is not responsible for any direct or indirect damages that may arise due to the use of the Website and other data and programs, violation of this Sales Agreement, tort or other reasons. SELLER, as a result of violation of this Sales Agreement, tort, negligence or other reasons; We accept no responsibility for any interruption of the transaction, error, negligence, interruption, deletion, loss, delay of transaction or communication, computer virus, malfunctions in telecommunication lines, communication error, theft, fraud, destruction or unauthorized entry into records, modification or use. It doesn't.
4.3. SELLER reserves the right to change, reorganize and discontinue publication of any services, products, terms of use and information provided on the Website without prior notice. Changes come into force on the date of publication on the Website. SELLER recommends the BUYER to visit the legal warning page every time they access the Website and/or Mobile Application. These conditions also apply to other linked websites.
4.4. The Website may contain links or references to other websites that are not under the control of the SELLER. SELLER is not responsible for the contents of these websites or other links they contain. SELLER is not responsible for the content of the websites to which the BUYER will pass and/or the nature of personal data that will be requested from the BUYER by these websites, as well as the sharing, processing and transfer of data.
4.5. SELLER, the general appearance and design of the Website and all information, pictures, all kinds of brands, Website domain names, logos, icons, demonstrative, written, electronic, graphic or machine-readable technical data, computer software, applied sales system on the Website. is the owner or licensee of all information, data, materials (“Materials”) and related intellectual and industrial property rights, including its business method and business model, and the Materials are under legal protection. Any Materials on the Website; It cannot be changed, copied, reproduced, translated into another language, republished, uploaded to another computer, mailed, transmitted, processed, reproduced, presented or distributed, including code and software, without prior permission and without citing the source. The whole or part of the Website cannot be used on another website or in any medium without permission. In case any contrary situation is detected, the SELLER reserves the right to legal and criminal liability and all other rights not expressly stated herein.
4.6. BUYER's personal information can only be disclosed to official authorities if this information is requested by the official authorities and in cases where it is obliged to make a disclosure to the official authorities in accordance with the mandatory legislation in force.
4.7. The product subject to this Sales Agreement shall be delivered to the BUYER or the person/organization at the address indicated by the SELLER within the period explained in the preliminary information on the Website, depending on the distance of the BUYER's residence for each product, provided that it does not exceed a period of 30 (thirty) days from the order date. It is delivered by the contracted cargo company. Any cargo/shipping fee related to the delivery shown in Article 2 will be borne by the BUYER and will be reflected on the BUYER's invoice for the order under the name "Shipping Fee" by the SELLER.
4.8. 4.7 of this Sales Agreement. Without prejudice to the article, shipping cost is not included in the product price. Shipping cost is added to the order amount and paid by the BUYER. Campaigns regarding shipping costs are at the initiative of the SELLER. If it is stated that shipping will be free for products sold together within the scope of a single order, if one of the products is returned, the shipping cost of the non-returned product will be charged from the BUYER. The SELLER reserves the right to deduct the relevant shipping cost from the refund payments to be made to the BUYER, if any.
4.9. If the cargo company that will make the delivery does not have a branch in the BUYER's location, the BUYER must receive the product from another nearby branch to be notified by the SELLER.
4.11. The SELLER cannot be held responsible for any damages that may arise due to the errors and negligence of the cargo company responsible for the shipment during the shipment of the product(s) to the BUYER and/or their failure to be delivered to the BUYER.
4.12. SELLER is responsible for the delivery of the product(s) subject to this Sales Agreement, intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
4.13. If the SELLER cannot fulfill its obligations under this Sales Agreement in the event that it becomes impossible to fulfill the product or service subject to the order, it will notify the BUYER of this situation before the contractual performance obligation expires and may supply the BUYER with a different product of equal quality and price if it is in stock. . The SELLER is not obliged to pay any other fee and/or compensation after the paid price and documents, if any, are returned to the BUYER within the prescribed period. SELLER's liability ends with the refund of the price and no other legal and/or criminal liability arises. In particular, in cases where this Sales Agreement cannot be fulfilled due to the purchased product being out of stock or products that are not damaged and suitable for shipment, the SELLER may terminate the contractual relationship by refunding the price and returning the relevant documents. The SELLER cannot have any legal or criminal liability due to this transaction.
4.14. After the delivery of the product(s), the BUYER's credit card, debit card, debit card and other payment systems offered on the Website are used unfairly or unlawfully by unauthorized persons in a way that is not due to the BUYER's fault. If the BUYER does not pay the price to the SELLER, the BUYER is obliged to return the relevant product to the SELLER within 3 (three) days, provided that it has been delivered to him. Otherwise, the BUYER accepts and undertakes that any legal action will be taken against him/her. All other contractual and legal rights of the SELLER, including monitoring that it will receive the product price without accepting the return, are reserved separately and in any case. In order to avoid any hesitation, the BUYER must pay the sales price from banks and financial institutions using the credit card, installment card etc. In cases where payment is made via , all opportunities provided by these cards are credit and/or installment payment opportunities provided directly by the card issuer; Product sales that take place within this framework and for which the SELLER collects the price all at once or gradually are not credit or installment sales for the parties of this Sales Agreement and are cash sales. The SELLER's legal rights in cases legally considered to be sales in installments (including the rights to terminate this Sales Agreement and/or demand payment of the entire remaining debt together with default interest in case the installments are not paid) are present and reserved. In case of default by the BUYER, 5% monthly default interest is applied.
4.15. If the product or service purchased by the BUYER is not in the stocks of the supplier company from which the SELLER receives service and an equivalent product of equal quality and price is not available, the SELLER reserves the right to refund the price paid by the BUYER.
4.16. If the SELLER cannot deliver the product subject to this Sales Agreement within the time limit due to force majeure or extraordinary circumstances such as adverse weather conditions that prevent transportation or interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. In this case, if the BUYER cancels the order, the amount paid will be paid at once within 14 (fourteen) days, in accordance with the payment instrument used when purchasing the product(s).
4.17. For payments made by the BUYER by credit card, the product(s) amount will be returned to the relevant bank within 14 (fourteen) days after the order is canceled by the BUYER. Since the reflection of this amount to the BUYER's accounts after the return to the bank is entirely related to the bank transaction process, the BUYER should be informed in advance that it will not be possible for the SELLER to intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank. accepts.
4.18. SELLER reserves the right to cancel purchases that exceed BUYER's needs through the Website. If the purchases in wholesale purchases exceed the BUYER's needs and exceed 3 (three) products, the SELLER reserves the right to cancel the order completely or send only 3 (three) products that are within the retail purchase limit.
4.19. In case the transaction regarding the relevant amount cannot be completed due to 3 (three) incorrect password entries in the purchases made by the BUYER by credit card, the SELLER has the right to request all kinds of information and documents from the BUYER, including visual tools that will confirm the identity and credit card information. . If this information and documents are not provided by the BUYER, are provided incompletely, or the information and documents provided do not match the order information, the SELLER has the right to cancel the relevant order immediately and without any liability or compensation.
4.20. If the product prices are written far below the market price, at a level that would be obvious to an average person as a clear mistake, the SELLER has the right to cancel all orders placed according to this incorrect price. BUYER accepts and declares that in such a case, he will not have any rights or claims due to a clear error.
ARTICLE 5. RIGHT OF WITHDRAWAL
5.1. BUYER has the right to withdraw within 14 (fourteen) days from the delivery of the product(s) subject to this Sales Agreement to himself or to the person/organization at the address notified, without having to give any reason. If the right of withdrawal is exercised, the returned products must be returned with the cargo company that the SELLER has a contract with and will announce to the CUSTOMER via the Website. Expenses arising from the exercise of the right of withdrawal belong to the SELLER if the product(s) are sent back with the cargo company that the SELLER has a contract with.
5.2. If, for any reason, the returned product is not sent by the cargo company that the SELLER has an agreement with and notified to the BUYER, the shipping cost will be covered by the BUYER. In order to exercise the right of withdrawal, the SELLER must be notified by phone or e-mail within 14 (fourteen) days and the product has not been used in accordance with the preliminary information published on the Website, the original invoice for the product must be returned and the product is in compliance with the exercise of the right of withdrawal within the framework of the provisions of Article 4. and it must be capable of being offered for resale by the SELLER. If this right is exercised,
Invoice of the product delivered to the third party or the BUYER, (a corporate invoice has been issued for the product to be returned, and it must be sent together with the return invoice issued by the institution when returning the product. Order returns whose invoice is issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued), Ø Return form , Ø The products to be returned within 10 (ten) days from the notification of the right of withdrawal must be complete and undamaged, together with the box, packaging and standard accessories, if any.
The SELLER must deliver the product to the return address specified in the first article.
5.3. SELLER will refund all payments made within the scope of the product to the BUYER within 14 (fourteen) days from the date on which the BUYER's right of withdrawal notification is received.
5.4. When returning the product to the SELLER, the original invoice submitted to the BUYER during the delivery of the product must also be returned (in order to ensure consistency in accounting records). The phrase "return invoice" will be written on the invoice to be returned with the product and signed by the BUYER. If the invoice is not sent to the SELLER together with the product or within 5 (five) days after the product is sent, the refund will not be made and the product will be sent back to the BUYER with the same payment.
5.5. BUYER accepts that notification regarding the right of withdrawal has been made as required in accordance with other legislation.
ARTICLE 6. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
BUYER cannot exercise his right of withdrawal within the scope of the following products within the framework of Article 15 of the Distance Contracts Regulation published in the Official Gazette on 27.11.2014: Ø Products related to goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the SELLER or the provider Ø BUYER's requests or products prepared in line with personal needs Ø Products that can quickly deteriorate or exceed their expiration date Ø Products whose protective elements such as packaging, tape, seal, package have been opened after delivery; Products that are not suitable for return in terms of health and hygiene Ø Products that are mixed with other products after delivery and cannot be separated due to their nature Ø Books, digital content and computer products offered in physical media if the protective elements such as packaging, tape, seal, package are opened after the delivery of the product Ø Subscription Except for those provided within the scope of the contract, periodical products such as newspapers and magazines Ø Services performed instantly in electronic environment or intangible products delivered instantly to the Buyer Ø Services started to be performed with the approval of the BUYER before the right of withdrawal expires.
ARTICLE 7. DISPUTE RESOLUTION
For disputes that may arise from this Sales Agreement, Consumer Arbitration Committees are authorized up to the value determined by the Ministry of Commerce, and Consumer Courts are authorized for disputes above the said value.
This Sales Agreement has been read, accepted and confirmed by the parties electronically. The provisions of Law No. 6502 on Consumer Protection apply to matters not regulated in this Sales Agreement.
ARTICLE 8. NOTIFICATIONS AND EVIDENCE AGREEMENT
The BUYER acknowledges that, in case of disputes that may arise from this Sales Agreement, the SELLER's official books and commercial records, electronic information and computer records kept in its database and servers will constitute binding, definitive and exclusive evidence, and that this article is an evidence contract within the meaning of Article 193 of the Code of Civil Procedure. accepts, declares and undertakes that it is of
ARTICLE 9. ENFORCEMENT
This Sales Agreement, consisting of 9 (nine) articles, has been read by the Parties, concluded and entered into force by being approved electronically as soon as the BUYER completes the membership process to the Website.
