distance selling contract
Title / Name, Surname: SIRAÇ AKSOY (Sole Proprietorship)
Contact Information : Serintepe Mah. 4398 St. No: 10 Inner Door No: 1 Bornova/ IZMIR
firstname.lastname@example.org (EGE VD/169033841116)
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 Application Principles and Procedures for Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has ordered electronically from the SELLER's www.moftbag.com website. It constitutes the regulation of the rights and obligations of the parties in accordance with its provisions.
“SELLER”: SIRAÇ AKSOY , whose name and full address are written above
( Sole Proprietorship )
“BUYER”: ………………. , whose name and full address are written above.
“PARTY”: Parties signing this Agreement,
“CONTRACT”: means this sales contract.
TERM OF THE AGREEMENT
Circumstances that do not exist and are not foreseen at the date of signing of the contract, that develop beyond the control of the parties, and 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 (natural disaster, natural disaster, war, terrorism, insurrection, legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party in the person of force majeure shall notify the other party immediately and in writing. During the continuation of the force majeure, the parties will not be liable for any 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 TO THE AGREEMENT
The basic features and other information of the goods or services offered for sale by the SELLER on the website are available at www.moftbag.com . The BUYER cannot demand performance from the SELLER based on information not included in the website.
The prices listed and announced on the site are the sales price. Announced prices, discounts and campaigns are valid until the update or change to be made 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 it has made.
Type and type, Quantity, Brand/Model, Sales Price, Payment Method, Delivery Person, Delivery Address, Invoice Information, Shipping fee of the Product/Products purchased electronically are as follows.
Received Product/Products :………………………………………..; …….. piece
:……………………………………………..; …….. piece
Total Sales Price :………………………………………………….. TL (Including Shipping Fee)
Payment Method : Credit Card
Delivery Person :
Phone number :
Delivery address :
Person/Institution to be Invoiced:
Billing address :
Tax No / TR No:
Persons under the age of 18 cannot shop at www.moftbag.com .
The BUYER has to be a member of the site in order to shop from www.moftbag.com . To become a member, click the "Register" button, enter the necessary information, activate your membership and start shopping.
You can follow the order status of the products that you have added to your cart and proceeded to the payment step to purchase, from the "My Orders" tab on your membership page.
After the TL amount of the products added to the shopping cart, including VAT (total installment amounts in installment transactions, if any) is approved by you, it is processed over the POS of the relevant bank card. On the “My Orders” page, the steps “Waiting for Payment - Received - Prepared - Shipped - Completed” will be followed for your order, respectively. Orders that are not in 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 problems must be reported to the BUYER by telephone or e-mail. When necessary, the BUYER may be asked to meet with his bank. The processing time of orders is not the moment the order is placed, but the moment when we determine that the necessary collection from the credit card account reaches our accounts.
In rare cases, if a product is out of stock, the customer is immediately informed, a new product can be sent, waiting for the product to be in stock, and/or the order can be cancelled.
DELIVERY METHOD AND PROCEDURE
In case the stock and/or production status of the SELLER is appropriate; The products ordered and paid for are delivered to the BUYER without any defect or damage in the promised time, through the contracted cargo company.
Delivery time is 3 working days at the latest.
You can shop at www.moftbag.com with a credit card (Visa, MasterCard). Orders whose payment is not approved by the bank will be cancelled. The processing time of orders is not the moment the order is placed, but the moment the required collection is made from the credit card account. The delivery process of the purchased product will start as soon as the payment is completed with the necessary approval from the bank.
Payment methods such as cash on delivery, cash on delivery, postal check and EFT/Money Transfer are not accepted.
HANDLING AND DELIVERY FEE WILL BE PAID BY THE BUYER.
The SELLER is not responsible for the delay or non-delivery of the products, which are sold on the website and which are in the delivery phase, due to the reasons arising from the transport company or the BUYER himself. In regions where the Cargo Company delivers once a week, there may be a delay in the specified day in cases such as inaccuracies or deficiencies 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 the extra shipping costs that may arise from the person/organization not accepting the delivery, inaccuracy in the shipping information and/or the buyer's absence.
If the product/products have not reached the customer within the specified days, if the telephone number or e-mail address available on the website is reached 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 HIGHLY REQUESTED THAT YOU FILL IN FULL AND COMPLETE SHIPMENT INFORMATION AND BE AT THE DELIVERY ADDRESS.
RETURN AND EXCHANGE PROCEDURE
Damaged packages should not be received 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 open the package and have the products checked that the products were 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 should be reported to the authorities of www.moftbag.com as soon as possible with the copy of the report remaining with the buyer.
The general return period of the product purchased by the BUYER from www.moftbag.com is 14 days from the delivery date. Unpacked, used, destroyed, etc. Returns of such products are not accepted. Returns must be made with the original packaging. In cases where any opening, deterioration, breakage, destruction, tearing, use and other conditions are detected on the product and its packaging, and if the product cannot be returned as it was when it was delivered to the customer, the product will not be returned and the price will not be refunded. In this case, the transportation fee arising from the return of the product not included in the scope of return to the BUYER belongs to the BUYER.
Returns of unpaid products are not accepted.
For product return, the situation should be reported to customer service first. After this meeting, you need to deliver the product to our company with the Cargo company that makes the delivery to your address along with the invoice. If the product that reaches us meets the above conditions, it is accepted as a return and the payment is made to your credit card/account. Within 2 business days from the receipt of the returned product to the SELLER, the process of returning the payment is started. The time of reflection of refunds made to the credit card to the credit card accounts is at the discretion of the relevant bank.
For product replacement, the BUYER should contact customer service and submit the change request. If the SELLER approves the change and the written conditions are met for the return procedure, your exchange will be carried out if the product is in stock. If it is seen that the product you want is out of stock, www.moftbag.com officials will contact the BUYER.
If the products purchased from www.moftbag.com are returned or exchanged after the campaign or discount in the purchase period ends or the SELLER makes a price change for the product, the BUYER cannot claim.
The shipping fee of the exchanges and returns sent with the cargo companies other than the Contracted Cargo companies belongs to the BUYER.
RIGHT OF WITHDRAWAL
The Buyer has the right to withdraw from the contract by refusing the goods or services within 14 (fourteen) days from the date of receipt or the signing of the contract without any legal or penal liability and without giving any reason, and that the Seller has the right to withdraw the goods from the date the withdrawal notification is received by the Seller. The Seller undertakes its receivables. Notification of the right of withdrawal and other notifications regarding the contract can be sent through the seller's contact information, which belongs to the seller and is specified above. In order to exercise the right of withdrawal, it is obligatory to notify the Seller within this period in accordance with the provisions of the legislation. The box, packaging, standard accessories, if any, of the products to be returned within 14 days must be delivered with the product as a gift, complete and undamaged. The product price is returned to the Buyer within 2 business days following the exercise of the right of withdrawal and the access of the information. When returning the product to the Seller, the original invoice submitted to the Buyer during the delivery of the product must also be returned. Return shipping cost belongs to the Seller.
The right of withdrawal cannot be used in the following cases:
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 for goods whose prices are determined in the stock exchange or other organized markets
c) Contracts for the delivery of goods that are prepared in line with the consumer's wishes or clearly personal needs, are not suitable for return due to their nature, are in danger of spoiling quickly or are likely to expire.
d) Contracts for audio or video recordings, software programs and computer consumables, provided that the packaging has been opened by the consumer.
e) Contracts for the delivery of periodicals such as newspapers and magazines
f) Contracts for the performance of betting and lottery related services
g) Contracts regarding services performed instantly in the electronic environment and intangible goods delivered instantly to the consumer.
ACTS AND OBLIGATIONS OF THE PARTIES AND BASIC PROVISIONS
The BUYER declares on the www.moftbag.com website that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract and has given the necessary confirmation in electronic environment.
The BUYER declares that he has read the information and advertisements on www.moftbag.com , which includes the above-mentioned product order and payment conditions, the precautions taken against possible situations and the warnings made, and that he has given the necessary confirmation in electronic environment.
After the delivery of the product, if the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, not due to the BUYER's fault, provided that the product has been delivered to the BUYER within 3 days. It must be sent to the SELLER in In this case, the transportation costs belong to the BUYER.
The SELLER will not be responsible for errors and delays arising from banks and collection institutions; In such a case, the BUYER will be able to fulfill its obligation to pay the price again.
The BUYER declares that he has read and informed about the Delivery and Return Conditions information on www.moftbag.com , which contains the product shipping and delivery conditions, the precautions taken against possible situations and the warnings made, and gives the necessary confirmation in electronic environment.
www.moftbag.com is not responsible for price errors caused by typesetting and system errors.
The SELLER has the right to make changes on the website and determine the stock unilaterally and without giving any reason. The BUYER cannot claim any rights regarding the products that he has added to his cart or attempted to purchase before the change is made.
The SELLER is obliged to procure the product/products purchased by the BUYER in a complete and defect-free manner as shown on the website, provided that the availability of stock is available. The BUYER is obliged to inspect the relevant products as soon as they are received and to report the defect within 14 days at the latest. Otherwise, the BUYER loses its right to demand and apply for the defect.
The SELLER's obligation to send the product(s) ends with the delivery of the product(s) to the transport company by specifying the BUYER's address. In this regard, the SELLER has no responsibility in the event that the carrier cannot deliver the product or the persons at the BUYER's address do not receive the product.
INTELLECTUAL AND INDUSTRIAL RIGHTS AND PROTECTION OF PERSONAL DATA
The model and design of the products purchased from www.moftbag.com belong to the SELLER and cannot be used, imitated, copied or made by someone else, even if changed by the BUYER. With the scope of this article, the BUYER has criminal and legal responsibility within the framework of the legal legislation, and the SELLER reserves its right to any claim and lawsuit. With the scope of this article, the BUYER has criminal and legal responsibility within the framework of the legal legislation, and the SELLER reserves its right to all kinds of claims and lawsuits.
The BUYER has read the clarification and consent text of the Law on the Protection of Personal Data at www.moftbag.com and accepts the processing of his personal data in accordance with the relevant laws.
Responsibility and Release: The PARTIES accept, declare and undertake that they have come to an agreement with the above-mentioned conditions regarding the subject matter of the contract. This contract and the rights and obligations arising from this contract cannot be transferred to third parties.
Notifications : Both parties have accepted the addresses specified in the contract as the notification address. The BUYER is obliged to notify the SELLER of the address change immediately and in any case within 1 week at the latest. Unless the address changes are notified to the parties, the notification to the last notified address shall be deemed to have been made to the relevant party.
Settlement of Disputes and Applicable Law: In the implementation of this contract, Consumer Arbitration Committees, İZMİR Consumer Courts and İZMİR enforcement offices are authorized up to the value announced by the Ministry of Industry and Trade.
In the event that the order is realized, the BUYER is deemed to have accepted all the terms of this contract.
This Agreement consists of the provisions written above and its annexes, its conditions have been examined by the parties and its provisions have been carefully read and understood.
The Agreement was concluded by being read by the Parties and approved by the BUYER in electronic environment and entered into force immediately.
PARTIES: SIRAÇ AKSOY (Sole Proprietorship) .........................
SIGNATURES : ................................................. ..... .............................