ARTICLE 1. PARTIES
1.1. SALES PERSON
Title: Maiamarca Shoe Trading LLC
Address: B-20 Dubai Airport Freezone Dubai UAE
Phone: +971 564 14 1214
Name and surname:
ARTICLE 2. SUBJECT
The subject of this Agreement is related to the sale of the products that the BUYER has ordered electronically from the SELLER's website www.maiamarca.ae.
ARTICLE 3. ESTABLISHMENT OF THE AGREEMENT
3.1. This Agreement shall be deemed to have been established after the payment is made in order to fulfill the product order in the electronic environment and approved in the electronic environment.
3.2. The BUYER declares that he has read and understood the Contract, is aware of his rights and obligations, has a full conviction that the transactions within the scope of the Contract are suitable for his own benefit, that the information he has given regarding the order is correct, that the delivery does not take place on time due to incomplete or incorrect information or that it is incomplete. The SELLER accepts, declares and undertakes that it will not have any responsibility.
3.2. The SELLER and the BUYER accept and undertake that the provisions of the Contract do not have a feature that can be considered unfair, and that there is no injustice in terms of the balance of interests.
ARTICLE 4. CONTRACTING PRODUCTS
The type and type, quantity, brand/model color of the products are as stated above.
ARTICLE 5. PAYMENT, DELIVERY AND RETURN
The sales price including VAT and the delivery price of the product/products ordered by the BUYER within the scope of this Agreement shall be paid in accordance with the payment terms and conditions determined by this Agreement.
5.1. Payment method
5.1.1. Payment by Credit Card: In order to pay by credit card, you must fill in the credit card information completely and completely in the relevant section. You can make a single payment with your credit card, or you can pay in different installments. By organizing campaigns, your bank can apply a higher number of installments than the number of installments you choose, and services such as installment postponement can be offered. Such campaigns are at the discretion of your bank and if our company is aware of it, information about the campaigns is provided on our pages. Your bank will reflect on your credit card summary by dividing the order total by the number of installments starting from the account cutoff date of your credit card. The bank may not distribute the installment amounts equally to the months, taking into account the fractional differences. The creation of your detailed payment plan is at the discretion of your bank.
After the delivery of the product/products, if the relevant bank or financial institution fails to pay the price of the product/products 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 may Acknowledging that the SELLER will send the products unused, undamaged, disassembled, complete and undamaged, within 30 (thirty) days at the latest from the SELLER's written notification on the subject, and that the shipping costs will be borne by the BUYER. and commits. Otherwise, the BUYER accepts and undertakes that all kinds of legal action will be taken against the SELLER, including any damages and losses incurred by the SELLER.
5.2. On the other hand, due to the fact that the forward sales are made only with the credit cards of the Banks, the BUYER shall confirm the relevant interest rates and the information about the default interest separately from the bank, and that the provisions regarding the 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. accepts, declares and undertakes.
The SELLER is not responsible for the deductions made by the banks under other names during the payments.5.3. Delivery Type and Address
5.3.1. The product/products ordered electronically by the BUYER shall be delivered to the persons at the address specified by the BUYER or the BUYER, by the SELLER's contracted cargo company, not exceeding the legal period of 30 (thirty) days.
5.3.2. Even if the BUYER is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its performance fully and completely. For this reason, the expenses due to any damage caused by the BUYER's late delivery of the product and the fact that the product has been waiting in the cargo company and/or the cargo is returned to the SELLER belong to the BUYER.
Shipping cost is not included in the product price. The shipping cost is added to the order amount and paid by the consumer. Campaigns related to the shipping cost are at the discretion of our company and the prices stated above are not valid in these cases.
5.3.3. If there is an error and/or defect at the address notified by the BUYER, the BUYER is not present at the address stated by the BUYER at the time of delivery, and there is no person who can receive the product/products at the address in question, or if the persons at the said address refrain from receiving the product/products, and in similar cases, the SELLER shall make no mistake. will not be liable in any way. In case the delivery cannot be realized as stated above, the BUYER has the right to demand re-delivery to be paid by himself.
5.3.4. The SELLER is responsible for the delivery of the contracted product/products intact, complete, in accordance with the specified qualifications and with the warranty documents and user manuals, if any, as required by the legislation. The BUYER and/or the person receiving the delivery is obliged to check whether the product(s) are delivered intact, complete, in accordance with the specified qualifications and as required by the legislation. A report should be kept with the cargo company representative about the product/products determined to be damaged during delivery.
5.4. Return Procedure
5.4.1. Credit Card Return Procedure: In cases where the BUYER uses his right of withdrawal, or in cases where the product subject to the order cannot be supplied for various reasons, or in cases where it is decided to refund the consumer with the decisions of the Consumer Arbitration Committee, if the shopping is made with a credit card in one shot or in installments, the refund procedure to the credit card stated below;
In how many installments our customer bought the product, the Bank makes the repayment to the customer in installments. (Company Title) after paying the entire product price to the bank in one go, in case the installment expenditures made from the bank's POS are returned to our customer'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 customer until the cancellation of the sale, if the return date and the card's account cut-off dates do not coincide, 1 refund will be reflected on the card each month, and the installments paid by the customer before the return will be paid for another month after the end of the sales installments, equal to the number of installments he has paid before the return. will be.
In the event that the SELLER cannot return due to the fact that the BUYER's credit card has been canceled/changed and/or inoperable for any reason, the BUYER is obliged to receive the money by applying to the SELLER in writing, together with the documents received from the relevant bank. In such a case, the BUYER cannot claim any delay loss, interest or similar claims from Maiamarca under any circumstances.
The BUYER accepts and undertakes that he has read and accepted this procedure.
5.4.2. Return Procedure in Remittance Payment Options: In the door-to-door remittance payment options, the refund will be made in the form of a wire transfer to the account specified by the consumer (the account must be in the name of the person at the billing address or in the name of the user member) by requesting bank account information from the consumer.
ARTICLE 6. GENERAL PROVISIONS
6.1. The BUYER, on the website of www.maiamarca.ae, the basic characteristics of the products that are the subject of the contract, the sales price including VAT, the validity period of all the commitments of the SELLER including the price and the payment method and preliminary information about the delivery, the right of withdrawal and how to use it, if there is a cost to be covered by the BUYER. The price of this, the delivery and performance times of the product/products subject to the contract, the address, telephone and other access information of the SELLER, to which the BUYER can submit his requests and complaints, within the monetary limits determined for the complaints and objections of the BUYER or the place of residence of the BUYER. declares that he has read what he can do to the consumer arbitral tribunal or the consumer court where he is, and that he has given the necessary confirmation in the electronic environment.
6.2. The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated within the period specified 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 the legal thirty-day period.
6.3. For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
6.4. The BUYER accepts, declares and undertakes that persons under the age of 18 will not be able to shop on the website, even if the product/products intended for children are offered for sale, and that the SELLER will not be liable in any way for the damages incurred by third parties due to the product ordering in violation of this rule. In the event that the SELLER determines that there is a violation of this article, it has the right to cancel the contract by canceling the order.
6.5. The SELLER reserves the right to freeze or terminate the order if it determines that the information given by the BUYER does not correspond to the truth. In such a case, if the SELLER cannot reach the BUYER from the phone, e-mail or delivery address given by the BUYER, it will freeze the processing of the order for 5 (five) days. The BUYER is expected to contact the SELLER regarding the issue during this period. If the BUYER does not contact the SELLER within this period, the order will be cancelled. If the order is canceled, the payments made by the BUYER, if any, are returned within 14 (fourteen) days. For payments made by credit card, the refund is made to the credit card from which the payment was made. It is sufficient for the SELLER to make the payment within this period, and the SELLER cannot be held responsible for the process of reflecting the payment by the bank.
6.6. Circumstances that did not exist and could not be foreseen at the date of signing of the Contract, that developed beyond the control of the Parties, 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 will be considered as the cause. SELLER, force majeure (natural disasters, fire, explosions, civil wars, wars, riots, public movements, declaration of mobilization, strikes, lockouts and epidemics, problems arising from the internet system or service providers providing internet services, actions and operations of the competent authorities, depletion of stocks) If the product/products in the Contract cannot be delivered within the legal period of 30 (thirty) days due to commercial impossibilities or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation), the BUYER is obliged to notify the situation to the BUYER. In this case, the BUYER may use one of the rights to cancel the order, replace the product/products subject to the contract with its precedent, if any, and/or delay the delivery period until the obstacle is removed. If the BUYER cancels the order, the amount paid is returned to him within 14 (fourteen) days. is done.
6.7. The SELLER is not responsible for price and content errors caused by typesetting and system errors. In case the product prices are written far below the market price at a level that can be understood by the average person as a clear error, all orders placed according to this incorrect price have the right to be canceled by the SELLER. In such a case, the BUYER accepts and declares that he will not make any rights and claims, including the delivery of the product at the declared faulty price, due to a clear mistake.
ARTICLE 7. RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw by rejecting the goods within 7 DAYS from the delivery of the product subject to the contract to himself or to the person/organization at the address indicated.
The product price will be returned to the BUYER within fourteen days from the date when the consumer's notification of withdrawal reaches the SELLER in writing or with a continuous data carrier.
In the determination of the right of withdrawal period, for the goods that are the subject of a single order and delivered separately, the day on which the BUYER or the third party determined by the BUYER receives the last goods; For goods consisting of more than one piece, the day on which the BUYER or the third party determined by the BUYER receives the last item is taken as a basis.
a) Before the expiry of the right of withdrawal, service contracts in which the performance of the service is started with the approval of the consumer,
b) Contracts regarding goods whose prices are determined in the stock exchange or other organized markets,
c) Contracts for the delivery of goods, which are prepared in line with the wishes of the consumer or clearly in line with his personal needs, which are not suitable for return due to their nature and which are in danger of spoiling quickly or whose expiration date is likely to expire,
ç) Contracts for audio or video recordings, software programs and computer consumables, provided that the packaging has been opened by the consumer,
d) Contracts for the delivery of periodicals such as newspapers and magazines,
e) Contracts for the performance of betting and lottery related services,
f) Contracts regarding services performed instantly in the electronic environment and intangible goods delivered instantly to the consumer.
In case of exercising the right of withdrawal, product and package control will be done by Maiamarca Shoe Trading LLC. The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER. The BUYER may notify the SELLER about its requests and complaints in writing or with a permanent data carrier.
If the BUYER uses its right of withdrawal within 7 days following the delivery of the products to the address or e-mail address specified in this Agreement, in writing or by notifying the permanent data store, the SELLER shall send the product/products as they were first sold, with a copy of the delivery report and invoice. It is obliged to take delivery with the original, provided that all shipping costs are covered by the SELLER. The BUYER has the right to withdraw before the delivery of the product/products. If the BUYER does not use the product/products in accordance with the instructions for use within the withdrawal period, the BUYER is responsible for the changes and deteriorations that occur, and the BUYER is obliged to compensate for the decrease in the price of the product/products. In case the BUYER sends the product(s) to be returned via the transport company of his choice, with which the SELLER is not contracted, the shipping cost will be borne by the BUYER. Company returns are required to issue a return invoice.
If the BUYER requests a refund for payments made by credit card, he accepts, declares and undertakes that the refund will not be made in cash. In case the right of withdrawal is exercised, the price of the product/products and shipping costs shall be returned to the BUYER within 7 days from the date on which the right of withdrawal of the product/products reaches the SELLER, in accordance with the payment instrument used by the BUYER.
The BUYER is obliged to send the product back to the product return address specified in this Agreement in order to deliver the goods to the SELLER within 10 (ten) days from the date of notification regarding the use of the right of withdrawal.