distance selling contract
SIDES
SELLER'S
Title / Name, Surname: MOFT BAGS İÇ VE DIŞ TİCARET LİMİTED ŞİRKETİ
Contact Information: Meriç Mah. 5745/7 St. No: 19 İç Kapı No: Z1 Bornova/ İZMİR
info@moftbag.com (EGE VD/ 6222474726)
BUYER'S
Title / Name, Surname:
Contact information :
THE SUBJECT OF THE CONTRACT
The subject of this contract is the Law No. 6502 on the Protection of Consumers and the Regulation on the Principles and Procedures of Implementation of Distance Contracts, regarding the sale and delivery of the product whose qualities and sales price are specified below, which the BUYER ordered electronically from the SELLER's website www.moftbag.com. It constitutes the regulation of the rights and obligations of the parties in accordance with its provisions.
DEFINITIONS
“SELLER”: MOFT Bag İç Ve Dış Ticaret Limited Şirketi, whose name and full address are written above.
“BUYER”: ………………. whose name and full address are written above.
“PARTS”: Parties who signed this Agreement,
“CONTRACT”: This sales contract.
DURATION OF THE CONTRACT
Force majeure (Natural disaster, war, terrorism, riot, legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party where force majeure occurs will notify the other party immediately and in writing. During the continuation of the force majeure, the parties will not have any liability due to their failure to fulfill their obligations.
If this force majeure situation continues for 15 days, each party will have the right to terminate unilaterally.
PRODUCTS AND SERVICES SUBJECT OF THE CONTRACT
The basic features and other information of the goods or services offered for sale on the SELLER's website are available at www.moftbag.com . BUYER cannot request performance from SELLER based on information not included on the website.
The prices listed and announced on the site are the sales price. Announced prices, discounts and campaigns are valid until any update or change by the SELLER. Campaigns and discounts defined by the SELLER within a certain period of time expire at the end of the specified period. The SELLER unilaterally reserves the right to make discounts for products and services and to take back the discount.
Type and type, Quantity, Brand/Model, Sales Price, Payment Method, Receiver Person, Delivery Address, Invoice Information, Shipping fee of the Product(s) purchased electronically are as stated below.
Product(s) Received:………………………………………..; …….. piece
:………………………………………..; …….. piece
Total Sales Price:…………………………………………………….. TL (Including Shipping Fee)
Payment Method: Credit Card
Person to be delivered:
Phone number :
Delivery address :
Person/Institution to be Invoiced:
Billing address :
Tax Number / TR Number:
CREATING AN ORDER
People under the age of 18 cannot shop at www.moftbag.com .
BUYER must be a member of the site in order to shop from www.moftbag.com . To become a member, you can click on the "Register" button, enter the necessary information, activate your membership and start shopping.
You can follow the order status of the products you have added to your cart and proceeded to the payment step to purchase, from the "My Orders" tab on your membership page.
After you approve the VAT-inclusive TL amount of the products added to the shopping cart (total installment amounts for installment transactions, if any) , they are processed through the POS of the relevant bank card. On the "My Orders" page, the steps of Awaiting Payment - Payment Received - Preparing - Shipped - Completed will be followed for your order, respectively. Orders that do not reach the Payment Received status and whose payment is not covered by the bank will not be shipped.
Any disruption in the process or problems arising from credit card issues must be reported to the BUYER by phone or e-mail. When necessary, the BUYER may be asked to contact his bank. The processing time of orders is not the moment when the order is placed, but the moment when we determine that the necessary collection has been made from the credit card account and reached our accounts.
In a rare case, if a product stock problem is encountered, the customer is immediately informed, a new product can be sent in line with the customers' wishes, the product can be waited for it to be in stock and/or the order can be cancelled.
DELIVERY METHOD AND PROCEDURE
If the SELLER's stock and/or production status is suitable; The products ordered and paid for are delivered to the BUYER without defects or damage within the promised time through the contracted cargo company.
Delivery time is 3 business days at the latest.
You can shop at www.moftbag.com with credit card (Visa, MasterCard). Orders whose payment is not approved by the bank will be cancelled. The processing time for orders is not the moment the order is placed, but the moment the necessary collection is made from the credit card account. The delivery process of the purchased product will begin as soon as the payment is completed with the necessary approval from the bank.
Payment methods such as prepaid shipment, cash on delivery, postal check and EFT/Money Transfer are not accepted.
TRANSPORTATION AND DELIVERY FEE WILL BE PAID BY THE SELLER.
The SELLER is not responsible for the delay or non-delivery of the products sold on the website and the delivery phase due to reasons arising from the transportation company or the BUYER himself. In regions where the Cargo Company delivers once a week, there may be a delay in the specified day period in cases such as inaccuracies and omissions in the shipping information, some social events and natural disasters. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for extra shipping costs that may arise from the person/organization to be delivered not accepting the delivery, inaccuracy in the shipping information and/or the absence of the buyer.
If the product/products have not reached the customer within the specified days, if you contact the phone number or e-mail address available on the website for delivery problems, www.moftbag.com officials will immediately deal with the issue and provide the necessary solution. In order to avoid delivery problems , IT IS IMPORTANTLY REQUESTED THAT YOU FILL IN THE SHIPPING INFORMATION COMPLETELY AND COMPLETELY AND BE AT THE ADDRESS WHERE THE DELIVERY WILL BE MADE.
RETURN AND EXCHANGE PROCEDURE
Damaged packages should not be accepted and a report should be made to the Cargo Company official. If the Cargo Company representative is of the opinion that the package is not damaged, the customer has the right to have the package opened there to check that the products have been delivered undamaged and to request that the situation be determined with a report. If the package is not accepted and a report is kept, the situation must be reported to www.moftbag.com officials as soon as possible, along with the copy of the report remaining with the recipient.
The general return period for the product purchased by the BUYER from www.moftbag.com is 14 days from the delivery date. Its packaging has been opened, used, destroyed, etc. Returns of products in this form are not accepted. Returns must be made with the original packaging. In cases where any opening, deterioration, breakage, destruction, tearing, use or other conditions are detected in the product and its packaging, and if the product cannot be returned in the same condition as when it was delivered to the customer, the product cannot be returned and the price will not be refunded. In this case, the transportation fee for returning the product that is not included in the scope of return to the BUYER belongs to the BUYER.
Returns of products without an invoice are not accepted.
For product returns, the situation must first be reported to customer service. After this meeting, you need to deliver the product to our company with the invoice and the cargo company that delivers it to your address. If the product we receive meets the above conditions, it is accepted as a refund and payment is made to your credit card/account. Procedures for refunding the payment will begin within 2 business days after the returned product reaches the SELLER. The time period for refunds made to the Credit Card to be reflected in the credit card accounts is at the discretion of the relevant bank.
For product exchange, the BUYER must contact customer services and submit the exchange request. Your exchange will be made if the product is in stock, provided that the exchange is deemed appropriate by the SELLER and written conditions for the return procedure are met. If it is seen that the product you want is not in stock, www.moftbag.com officials will contact the BUYER.
After returning or exchanging the products purchased from www.moftbag.com , the BUYER cannot claim rights if the campaign or discount during the purchase period ends or if the SELLER makes a price change for the product.
The shipping costs of exchanges and returns sent by cargo companies other than contracted cargo companies belong to the BUYER.
RIGHT OF WITHDRAWAL
The Buyer has the right to withdraw from the contract by rejecting the goods or services within 14 (fourteen) days from the date of receipt or signing of the contract, without assuming any legal or criminal liability and without giving any justification, and the Seller may return the goods as of the date of receipt of the notice of withdrawal to the Seller. The Seller undertakes the receivables. Notification of the right of withdrawal and other notifications regarding the contract can be sent to the seller through the seller's contact information specified above. In order to exercise the right of withdrawal, it is necessary to notify the Seller within this period in accordance with the provisions of the legislation. The products to be returned within 14 days must be delivered complete and undamaged, including their box, packaging, standard accessories, if any, and other products given as a gift along with the product. The product price will be returned to the Buyer in the same manner as paid within 14 business days following the exercise of the right of withdrawal and receipt of the information. When returning the product to the Seller, the original invoice submitted to the Buyer during product delivery must also be returned. Return shipping cost belongs to the Seller.
The right of withdrawal cannot be used in the following cases:
a) Service contracts in which the performance of the service begins with the approval of the Consumer, before the right of withdrawal expires.
b) Contracts regarding goods whose prices are determined in the stock exchange or other organized markets
c) Contracts for the delivery of goods prepared in line with the wishes of the consumer or clearly his personal needs, which are not suitable for return due to their nature and are in danger of rapid deterioration or are likely to expire.
d) Contracts regarding audio or video recordings, software programs and computer consumables, provided that the packaging has been opened by the consumer.
e) Contracts regarding the delivery of periodicals such as newspapers and magazines
f) Contracts regarding the performance of services related to betting and lottery
g) Contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the consumer.
ACTIONS AND OBLIGATIONS OF THE PARTIES AND BASIC PROVISIONS
BUYER declares that he/she has read and informed the preliminary information regarding the basic characteristics of the product subject to the contract, sales price and payment method and delivery on the website www.moftbag.com and has given the necessary confirmation electronically.
BUYER declares that he/she has read and is informed of the information and announcements on www.moftbag.com , which include the above-mentioned product order and payment conditions, precautions taken against possible situations and warnings made, and has given the necessary confirmation electronically.
After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product 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 will have 3 days to pay for the product, provided that it has been delivered to him/her. It must be sent to the SELLER within . In this case, transportation expenses belong to the BUYER.
SELLER will not be responsible for errors and delays caused by banks and collection agencies; In such a case, the BUYER will be able to fulfill its obligation to pay the price again.
BUYER declares that he/she has read and informed the Delivery and Return Conditions information on www.moftbag.com , which includes product shipment and delivery conditions, precautions taken against possible situations and warnings made, and has given the necessary confirmation electronically.
www.moftbag.com is not responsible for price inaccuracies caused by typesetting and system errors.
SELLER has the right to make changes to the website and determine stock unilaterally and without giving any reason. BUYER cannot claim rights regarding the products he added to his cart or attempted to purchase before the change was made.
The SELLER is obliged to supply the product(s) purchased by the BUYER completely and without defects, as stated on the website, provided that the stock status is available. BUYER is obliged to inspect the relevant products upon receipt and to report defects within 14 days at the latest. Otherwise, the BUYER loses his right to claim and apply regarding the defect.
SELLER'S obligation to send the product(s) ends when the BUYER's address is stated and given to the transportation company. In this regard, the SELLER has no responsibility if the carrier cannot deliver the product or if the people at the BUYER's address do not receive the product.
PROTECTION OF INTELLECTUAL AND INDUSTRIAL RIGHTS AND PERSONAL DATA
The model and design of the products purchased from www.moftbag.com belong to the SELLER and will not be used, imitated, copied or made by anyone else, even if modified by the BUYER. Within the scope of this article, the BUYER has criminal and legal liability within the framework of the legal legislation, and the SELLER reserves the right to all kinds of demands and lawsuits. Within the scope of this article, the BUYER has criminal and legal liability within the framework of the legal legislation, and the SELLER reserves the right to all kinds of demands and lawsuits.
BUYER acknowledges that he has read the information and consent text regarding the Personal Data Protection Law available at www.moftbag.com and accepts the processing of his personal data in accordance with the relevant laws.
FINAL PROVISIONS
Liability and Release: THE PARTIES accept, declare and undertake that they have reached an agreement with the above-mentioned conditions regarding the work subject to the contract. This agreement and the rights and obligations arising from this agreement cannot be transferred to third parties.
Notifications: Both parties have accepted the addresses specified in the contract as their notification addresses. BUYER is obliged to notify SELLER of the address change immediately and within 1 week at the latest. Unless address changes are notified to the parties, notification to the last notified address will be deemed to have been made to the relevant party.
Settlement of Disputes and Applicable Law: Consumer Arbitration Committees, İZMİR Consumer Courts and İZMİR enforcement offices are authorized to implement this contract, up to the value declared by the Ministry of Industry and Trade.
If the order is placed, the BUYER is deemed to have accepted all the conditions of this contract.
This Agreement consists of the provisions written above and its annexes, and its terms have been examined by the parties and their provisions have been carefully read and understood.
The Agreement was concluded by being read by the Parties and approved electronically by the BUYER and entered into force immediately.
PARTIES: MOFT BAGS INTERNAL AND FOREIGN TRADE LIMITED COMPANY ........................
SIGNATURES: ............................................ ..... ...........................