شروط الخدمة

PRELIMINARY INFORMATION

1. SELLER INFORMATION

1.1 – SELLER
Title: MINERALIST LLC
Address: 7901 4TH ST N STE 300 ST. PETERSBURG, FL 33702 
Phone: +90 212 542 62 67

1.2 - BUYER

A person who is a member of the mineralistgumus.com shopping site as a customer. The address and contact information used when becoming a member are taken into account.

2 FEATURES OF THE PRODUCT SUBJECT TO SALE

The basic features of the goods or services are available at www.mineralistgumus.com. You can examine the basic features of the product during the campaign period.

The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.

The type, quantity, brand/model, color, number, sales price, payment method of the Goods/Product/Service consist of the information at the time the order is finalized

The shipping fee, which is the product shipping cost, will be paid by the BUYER and is not refundable.

3. GENERAL PROVISIONS

3.1) The BUYER declares that he/she has read and is informed about the basic characteristics, sales price and payment method of the contractual product and the preliminary information regarding delivery on the *mineralistgumus.com website and has made the necessary confirmation electronically. By confirming this Preliminary Information electronically, the BUYER confirms that he/she has obtained the address that should be given to the BUYER by the SELLER before the conclusion of distance contracts, the basic characteristics of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely.

3.2) The contractual product will be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal 30-day period.

3.3) The SELLER cannot be held responsible for any problems that the cargo company may encounter during the delivery of the product to the BUYER, or for the failure to deliver the ordered product to the BUYER.

3.4) SELLER is responsible for the delivery of the contractual product in a sound, complete manner, in accordance with the specifications specified in the order, and with warranty documents and user manuals, if any.

3.5) SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.

3.6) If the SELLER cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it shall notify the consumer of this situation before the expiration of the contractual obligation and refund the total price to the BUYER within 10 days.

3.7) This Preliminary Information Form must be confirmed electronically for the delivery of the product. If the product price is not paid for any reason or is canceled in the bank records, the SELLER shall be deemed to have been relieved of its obligation to deliver the product.

3.8) If the relevant bank or financial institution does not pay the product price to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons not resulting from the BUYER's fault after the delivery of the product, the BUYER must return the product to the SELLER within 3 days, provided that it has been delivered to them. In this case, the shipping costs shall be borne by the BUYER.

3.9) If the SELLER cannot deliver the contracted product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. In such a case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the contracted product with a similar one, if any, and/or postponement of the delivery period until the elimination of the impeding situation. If the BUYER cancels the order, the amount paid by the BUYER shall be paid to the BUYER in cash and in a single payment within 10 days. In payments made by the BUYER with a credit card, the product amount shall be returned to the relevant bank within 7 days after the order is cancelled by the BUYER. Since the reflection of this amount to the BUYER's accounts after its return to the bank is completely related to the bank transaction process, the BUYER accepts 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.

4 RIGHT OF WITHDRAWAL

In distance contracts related to the sale of goods, the BUYER may exercise the right to reject the goods and withdraw from the contract without assuming any legal or criminal liability and without giving any reason within 14 (fourteen) days from the date of delivery of the product (Except for Concert and Event Tickets) to him/her or to the person/institution at the address he/she indicated. In distance contracts related to the provision of services, this period begins on the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer before the end of the right of withdrawal period. The expenses arising from the exercise of the right of withdrawal belong to the SELLER.

In order to exercise the right of withdrawal, it is required that a written notification is given to the SELLER by registered mail, fax or e-mail within 14 days and that the product has not been used within the framework of the provisions of Article 5. In case this right is exercised,

a) The SELLER is obliged to return the total price and the documents that put the buyer in debt to the BUYER within 10 days from the date of receipt of the notice of withdrawal and to receive the return of the goods within 20 days.

b) If the value of the goods decreases due to a reason arising from the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages to the extent of the fault.

c) If the campaign limit amount set by the SELLER falls below due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.

d) The shipping fee paid when sending the returned product back to the seller due to the right of withdrawal will be covered by the SELLER for domestic orders and by the BUYER for international orders.

e) The SELLER does not refund the shipping fee collected from the BUYER when selling the product.

5 PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

It is not possible to return goods that are prepared in accordance with the BUYER's requests or clearly in line with his/her personal needs, are not suitable for return due to their nature and are at risk of rapid deterioration or have a possible expiration date, and sound or image recordings, software programs and computer consumables, provided that their packaging has been opened by the BUYER.

In the implementation of this Preliminary Information, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and where he/she resides are authorized up to the value declared by the Ministry of Industry and Trade.

The SELLER may apply for complaints and objections to the consumer problems arbitration committee or consumer court in the place where the BUYER purchased the goods or services or where he/she resides, within the monetary limits determined by the Ministry of Industry and Trade of the Republic of Turkey in December of each year. Information regarding the monetary limit is as follows:

To be valid as of 1/1/2012:

a) The lower monetary limit regarding the binding nature of the decisions of the consumer problems arbitration committees in the 5th and 6th paragraphs of the amended 22nd article of the Law No. 4077 on the Protection of Consumers or the evidence in consumer courts is 1,161.67 TL,
b) The lower monetary limit regarding the duty and authority of the provincial arbitration committees operating in the provinces with metropolitan status to hear the disputes in the third paragraph of the 5th article of the Regulation on Consumer Problems Arbitration Committees published in the Official Gazette dated 1/8/2003 and numbered 25186 is 3,032.65 TL.

This Preliminary Information is provided for commercial purposes.

 

DISTANCE SALES CONTRACT

1 – PARTIES

1.1 – SELLER
Title: MINERALIST LLC
Address: 7901 4TH ST N STE 300 ST. PETERSBURG, FL 33702 
Phone: +90 212 542 62 67
E-mail address: info@mineralist.store

1.2 – BUYER

The person who becomes a member of the *mineralist.shop shopping site as a customer.

The address and contact information used when becoming a member are taken into account.

2 – SUBJECT

The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the SELLER's website mineralistgumus.com.

3 – PRODUCT SUBJECT TO CONTRACT
The type, quantity, brand/model, color, number, sales price, payment method of the Goods/Product/Service consist of the information at the time the order is finalized.

4 – GENERAL PROVISIONS
4.1 The BUYER declares that he/she has read and is informed about the preliminary information regarding the basic characteristics of the contractual product on the mineralistgumus.com website, the sales price including all taxes and the payment method, delivery and that the expenses thereof will be covered by the BUYER, the period in which the delivery will be made and the full commercial title, full address and contact information of the SELLER, and has made the necessary confirmation electronically.

By confirming this contract electronically, the BUYER confirms that he/she has obtained the address that should be given to the Consumer by the Seller before the conclusion of distance contracts, the basic characteristics of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely.

4.2 The product subject to the contract will be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal 30-day period for each product. All shipping costs related to the delivery shown in Article 3 will be covered by the BUYER and will be reflected in the invoice for his/her order under the name of "Shipping Fee".

4.3 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the person/organization to whom the delivery is made not accepting the delivery.

4.4 The SELLER cannot be held responsible for any problems encountered by the cargo company during the delivery of the product to the BUYER, or for the failure to deliver the ordered product to the BUYER.

4.5 The SELLER is responsible for the delivery of the product subject to the contract in a sound, complete manner, in accordance with the specifications specified in the order, and with warranty documents and user manuals, if any.

4.6 The SELLER may supply the BUYER with a different product of equal quality and price, provided that it has a justified reason, before the expiration of the performance obligation arising from the contract.

4.7 If the SELLER cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it shall notify the consumer of this situation before the expiration of the contractual obligation to perform and may supply the BUYER with a different product of equal quality and price.

4.8 In order for the delivery of the contractual product, it is required that the signed copy of this contract be delivered to the SELLER and that the price be paid using the payment method preferred by the BUYER. If the product price is not paid or is cancelled in the bank records for any reason, the SELLER shall be deemed to have been relieved of its obligation to deliver the product.

4.9 BUYER accepts and undertakes that the credit card information entered into the system during shopping is correct and that he/she is responsible for all legal and penal liabilities arising from the use of this credit card. If the relevant bank or financial institution does not pay the product price to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons for reasons not caused by the BUYER's fault after the delivery of the product, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs belong to the BUYER. If the BUYER does not send the product back, the product price is not collected from the credit card for any reason or the product price is returned to the credit card, the product price will be transferred to the SELLER's bank accounts without any need for warning.

4.10 If the SELLER cannot deliver the contracted product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the contracted product with a similar one, if any, and/or postponement of the delivery period until the elimination of the impeding situation. If the BUYER cancels the order, the amount paid shall be paid to the BUYER in cash and in a single transaction within 10 days.

4.11 The points given to the customer by the SELLER through a campaign are valid for only one purchase. These points shall not be refunded even if the product is returned.

In payments made by the BUYER via credit card, the product amount will be refunded to the relevant bank within 7 days after the order is cancelled by the BUYER. Since the reflection of this amount to the BUYER's account after its return to the bank is completely related to the bank transaction process, the BUYER accepts 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 refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank.

5 – RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within 14 days from the delivery of the contractual product to him/her or to the person/institution at the address he/she has indicated, without having to give any reason.

However, the return of the product cannot be accepted for products specially prepared for the BUYER for certain days such as New Year's, holidays, Mother's Day, campaign and promotional products; the BUYER accepts these conditions and makes his/her purchase.

In order to use the right of withdrawal, it is required that the SELLER is notified by fax or e-mail within 14 days and that the product has not been used within the framework of the provisions of Article 6. In case of use of this right,

a) The invoice of the product delivered to the 3rd party or the BUYER, (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 it. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued)

b) Return form,

c) Products to be returned within 14 days must be delivered complete and undamaged, together with their boxes, packaging, and standard accessories, if any. The product price will be returned to the BUYER within 10 days following the receipt of these documents by the SELLER.

Due to the right of withdrawal, the shipping cost of the returned product will be covered by the SELLER for domestic orders and by the BUYER for international orders. The SELLER does not refund the shipping fee collected from the BUYER when selling the product.

When the product is returned to the SELLER, the original invoice presented to the BUYER during the delivery of the product must also be returned (in order to ensure consistency in our accounting records). If the invoice is not sent to the SELLER together with the product or at the latest within 5 days from the date of shipment of the product, the return process will not be carried out and the product will be sent back to the BUYER in the same manner with a cash on delivery. The phrase “return invoice” will be written on the invoice to be returned with the product and signed by the BUYER.

ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Due to their nature; single-use products, copyable software and programs, products that deteriorate quickly or have a possible expiration date are not accepted for return.

ARTICLE 7 – DEBTOR’S DEFAULT
In the event of BUYER’s default, BUYER agrees to pay SELLER’s damages and losses incurred due to delayed performance of the debt. In cases where BUYER’s default is due to SELLER’s fault, BUYER shall not be obliged to meet any damages and losses claims.

ARTICLE 8 – AUTHORIZED COURT

In the implementation of this Preliminary Information, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and where he/she resides are authorized up to the value declared by the Ministry of Industry and Trade.

The SELLER may apply for complaints and objections to the consumer problems arbitration committee or consumer court in the place where he/she purchased the goods or services or where he/she resides within the monetary limits determined by the Ministry of Industry and Trade of the Republic of Turkey in December each year. Information regarding the monetary limit is as follows:

To be valid as of 28/05/2014;

a) According to Article 68 of the Law No. 6502 on Consumer Protection, in disputes with a value below two thousand Turkish Lira, it is mandatory to apply to district consumer arbitration committees, in disputes with a value below three thousand Turkish Lira, it is mandatory to apply to provincial consumer arbitration committees, and in provinces with metropolitan status, it is mandatory to apply to provincial consumer arbitration committees for disputes between two thousand Turkish Lira and three thousand Turkish Lira. Applications cannot be made to consumer arbitration committees for disputes above these values.

b) In disputes above the specified value, application must be made to the Consumer Court, and in places where there is no Consumer Court, application must be made to the Civil Courts of First Instance as Consumer Courts.

This preliminary information is provided for commercial purposes.

Please Note: Before signing the cargo report, please check whether your cargo package is damaged due to transportation. If your cargo package is damaged for any reason, return your cargo to the cargo officer for a report to be prepared without signing any documents related to the delivery. Your new products will be sent to you immediately. In case of receiving products with damaged cargo packages, mineralistgumus.com is not responsible for the damage or deficiency of the products inside.

15. All of these terms and conditions are subject to Turkish Law.