Meşpa Packaging Distance Selling Agreement

This Distance Selling Agreement has been prepared to regulate the sales and delivery relationship between the seller and the consumer in orders placed electronically through the Meşpa Ambalaj website. This Distance Selling Agreement is implemented within the framework of the Law No. 6502 on Consumer Protection, the Regulation on Distance Contracts, and other relevant legislation in force.

1. Parties

This Distance Sales Agreement is concluded electronically between the SELLER below and the BUYER who places an order through the website.

SALES PERSON
Brand: Meşpa Packaging
Trade Name: MUSTAFA GÜNAY
Address: MÜRSEL MAH. ROTA CAD. YAMAÇ SİTESİ E BLOK NO: 37/5 MUDANYA/BURSA
Email: mustafagunay@agunay.com
Phone: 05414594402
Commercial Registry Number: 427095662

BUYER
Name/Surname or Title: Information provided during ordering.
Delivery Address: The address specified during the order process.
Phone: The phone number provided during ordering.
Email: The email address provided during the order process.

2. Subject of the Agreement

The subject of this Distance Selling Agreement is the determination of the essential characteristics of the product(s) ordered by the BUYER through the Meşpa Ambalaj website, the sales price, payment method, delivery, and the rights and obligations of the parties. The order summary, product information, quantity, price, taxes, shipping, and any other costs will be shown to the BUYER before payment confirmation.

3. Product, Price and Payment Information

The type, size, quantity, unit price, total sales price, VAT information, payment method, and delivery information of the products purchased under the Distance Selling Agreement consist of the information provided on the order screen. Prices advertised on the website are valid until updated. The terms and conditions of limited-time campaigns and discounts apply.

Immediately before the Distance Selling Agreement is approved, the BUYER is informed that the order creates a payment obligation. Upon the BUYER's approval of the order, the obligation to pay the product price, as well as the taxes, shipping costs, and other additional fees clearly shown during the payment process, arises.

4. Delivery

Products ordered under a Distance Selling Agreement are shipped to the delivery address provided during the order process. Unless otherwise agreed upon by the parties, delivery of goods will be completed within the legally mandated maximum timeframe. For products prepared with custom dimensions, printing, or specifications for an individual or business, the delivery time may be specified separately depending on the nature of the order.

According to the Distance Selling Agreement, the SELLER is responsible for any loss or damage occurring until delivery of the product, except in cases where the consumer specifically chooses a carrier other than the one designated by the SELLER. If the BUYER notices any visible damage to the package upon delivery, it is recommended that they report this to the carrier and, if possible, have it recorded.

5. Impossibility of Fulfilling the Order

If the performance of the goods or services subject to the Distance Selling Agreement becomes impossible, the SELLER shall notify the BUYER in writing or via a durable data storage medium within the period stipulated by law, starting from the date the SELLER becomes aware of the situation. Amounts collected, including any delivery costs, shall be refunded to the BUYER within the period specified by law. The mere fact that a product is out of stock does not, by itself, constitute impossibility of performance.

6. Right of Withdrawal

Under a Distance Selling Agreement, the BUYER, as a consumer, may exercise their right of withdrawal within 14 days of receiving the goods, without giving any reason and without paying any penalty. For service sales, the withdrawal period begins on the date the contract is concluded. The BUYER may also exercise their right of withdrawal before the delivery of the goods.

To exercise the right of withdrawal under the Distance Selling Agreement, it is sufficient for the BUYER to notify the SELLER of their decision to withdraw within 14 days in writing or via email or similar permanent data storage medium. Since the burden of proof for the exercise of the right of withdrawal rests with the BUYER, it is recommended that the notification be made using a method that can be recorded.

7. Returns and Refunds After Cancellation

According to the Distance Selling Agreement , the SELLER shall refund any payments required by law within a maximum of 14 days from the date the cancellation notice is received by the BUYER, and in a manner consistent with the payment method used by the BUYER during the purchase, without imposing any costs on the consumer.

According to the Distance Selling Agreement , the BUYER must return the product to the SELLER or a person authorized by the SELLER within 10 days from the date of notification of cancellation. Regarding return carrier and return costs, the method specified in the pre-information form and the provisions of the current Regulation on Distance Contracts shall apply.

8. Situations Where the Right of Withdrawal Cannot Be Exercised

The right of withdrawal cannot be exercised under a distance selling contract if any of the exceptions listed in the legislation apply. In particular, contracts relating to goods specially prepared according to the consumer's requests or personal needs may fall within the exceptions to the right of withdrawal.

From Meşpa Ambalaj's perspective, packaging products that are custom -sized, specially printed, or produced with changes in dimensions or specifications according to the customer's request, may be considered as products prepared according to personal needs, provided that the legal conditions are met, within the scope of the Distance Selling Agreement. In addition, the right of withdrawal may not apply to perishable goods, goods that are mixed with other products after delivery and cannot be separated by their nature, and in other cases listed in the Regulation.

9. Defective or Non-Conforming Product

The Distance Selling Agreement does not negate the consumer's legal rights arising from defective goods or services. If the product does not possess the essential characteristics specified in the order, if the wrong product is sent, or if the product is deemed defective under the legislation, the BUYER's optional rights arising from Law No. 6502 are reserved.

10. Personal Data and Electronic Communication

Personal data required for order creation, payment, invoicing, delivery, and after-sales services under the Distance Selling Agreement is processed in accordance with relevant legislation. Details regarding the processing of personal data are explained in Meşpa Ambalaj's Personal Data Policy and related information texts.

Consent to a Distance Selling Agreement does not, by itself, constitute explicit consent or approval for sending commercial electronic messages for marketing purposes, unless it is required. In cases where sending commercial electronic messages is necessary, separate permission and preference processes in accordance with relevant legislation are applied.

11. Intellectual Property Rights

Unless otherwise stated, the intellectual and industrial property rights relating to the brands, logos, designs, texts, visuals, and other content found on the Meşpa Ambalaj website under this Distance Selling Agreement belong to their respective owners. Unauthorized use of this content may be evaluated under relevant legislation.

12. Dispute Resolution

In consumer disputes arising from distance selling contracts , applications may be made to Consumer Arbitration Boards or Consumer Courts within the monetary limits and jurisdictional rules determined by the applicable legislation. The consumer's right to apply to the competent authorities in their place of residence is reserved.

13. Entry into force

The Distance Selling Agreement is established when the BUYER reads and approves the agreement and preliminary information electronically via the website and completes the order. Product, price, payment, and delivery information related to the order are an integral part of the agreement.

The provisions of this Distance Selling Agreement cannot be interpreted in a way that restricts the consumer's mandatory rights arising from current legislation. In case of changes in legislation, mandatory legal provisions shall apply.