Distance Sales Agreement
1. PARTIES
This Agreement has been signed between the following parties within the framework of the following terms and conditions.
1. 'BUYER' ; (hereinafter referred to as "BUYER" in the contract)
NAME- SURNAME: ADDRESS:
1. 'SELLER' ; (hereinafter referred to as "SELLER" in the contract)
SELLER INFORMATION
UMMUHAN SIDAR CETİNKAYA PRIVATE COMPANY
E-mail Address: contact@mosidar.com
Website Address: https://www.mosidar.com
Mail Address : : Basaksehir Mah. Sehzade Sok. No:1 D:26 Basaksehir 34480 Istanbul/TURKEY
Phone Number : : +905461307225
By accepting this contract, the BUYER accepts in advance that if he approves the order subject to the contract, he will be under the obligation to pay the order subject price and the additional fees specified such as shipping fee, tax, if any, and that he is informed about this issue.
2. DEFINITIONS
In the implementation and interpretation of this agreement, the following terms will express the written explanations against them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188)
SERVICE: The subject of all kinds of consumer transactions other than providing goods made or promised to be made for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of the name or account of the goods,
BUYER: A real or legal person who acquires, uses or uses a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDER: A real or legal person who requests a good or service through the SELLER's website,
PARTIES: SELLER and BUYER,
AGREEMENT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods that are the subject of shopping and software, sound, image and similar intangible goods prepared to be used in electronic environment.
3. Subject
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER has ordered electronically through the SELLER's website.
The prices listed and announced on the site are the sales price. Announced prices and promises are valid until the update is made and changed. The prices announced for a period of time are valid until the end of the specified period.
4. SELLER INFORMATION
Title of Address Telephone Fax Email
5. BUYER INFORMATION
The person to be delivered Delivery Address Telephone Fax Email/username
6. ORDERING PERSON INFORMATION
Name/Surname/Unvan
Address Telephone Fax Email/username
7. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
1. The basic features (type, quantity, brand/model, color, number) of the goods / products/products/service are published on the website of the SELLER. If the campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign. Valid until the date of the campaign.
7.2. The prices listed and announced on the site are the prices. Announced prices and promises are valid until the update is made and changed. The prices announced for a period of time are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description İtem Unit Price Search Total (VAT Included)
Shipping Amount
Total :
Payment Method and Plan
Delivery Address
Person to be delivered
Invoice Address
Order Date
Delivery date
Method of delivery
7.4. The shipping fee, which is the cost of the product shipment, will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Unvan
Address Telephone Fax Email/username Invoice delivery: Together with the order to the invoice address during the invoice order delivery Will be delivered.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he reads the basic qualities of the product subject to the contract, the sales price and the preliminary information about the payment method and the delivery on the website of the SELLER, that he has information and that he has given the necessary confirmation in the electronic environment. Accepts, declares and undertakes that the BUYER has obtained the address to be given to the BUYER by the SELLER before the establishment of the distance sales contract, the basic characteristics of the products ordered, the price of the products including taxes, the payment and delivery information correctly and completely before the establishment of the distance sales contract.
9.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's residential place, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with the warranty documents, user manuals, if any, information and documents required by the work, to perform the work within the principles of accuracy and honesty in accordance with the requirements of the legal legislation, to maintain and increase the service quality, to show the necessary attention and care during the performance of the work, to act with precaution and foresight.
9.4. The SELLER can supply a different product of equal quality and price by informing the BUYER before the expiration of the contractual performance obligation and obtaining its approval.
9.5. If the fulfillment of the product or service subject to the order is impossible, the SELLER accepts, declares and undertakes that if the fulfillment of the product or service subject to the order cannot fulfill its obligations subject to the contract, he will notify the consumer in writing within 3 business days from the date he learns it, and that he will return the total price to the BUYER within a 14-day period.
9.6. The BUYER accepts, declares and undertakes that he will confirm this Agreement electronically for the delivery of the product subject to the Contract, and that if the price of the product subject to the contract is not paid for any reason and/or canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will end.
9.7. If the product price subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the credit card belonging to the BUYER by unauthorized persons after the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, the BUYER accepts, declares and undertakes that he will return the product subject to the contract to the SELLER within 3 days with the shipping expense belongs to the SELLER.
9.8. If the SELLER cannot deliver the product subject to the contract within the period of time due to force majeure situations such as situations that develop against the will of the parties, which are not foreseen in advance and prevent the parties from fulfilling their debts and/or the occurrence of delays, it accepts, declares and undertakes that it will notify the BUYER of the situation. The BUYER also has the right to request the cancellation of the order from the SELLER, the replacement of the product subject to the contract, if any, with a precedent, and/or the postponement of the delivery time until the obstructive situation disappears. In case the order is canceled by the BUYER, the product amount is paid to him in cash and once within 14 days for the payments made by the BUYER in cash. In payments made by the BUYER with a credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that the average process of reflecting the amount returned by the Seller to the credit card by the seller to the BUYER's account by the bank may take 2 to 3 weeks, and since the fact that this amount is reflected in the BUYER's accounts after the return to the bank is completely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes through the address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form or later updated by him/her through the address, e-mail, SMS, phone call and other means of communication, marketing, notification and other purposes. By accepting this agreement, the BUYER accepts and declares that the SELLER can engage in the above-mentioned communication activities for him.
9.10. The BUYER will inspect the goods/services subject to the contract before receiving them; dents, broken, torn packaging, etc. will not receive the damaged and defective goods/services from the cargo company. The received goods/services will be considered undamaged and intact. The debt of careful protection of the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
9.11. If the buyer and the credit card holder used during the order are not the same person or if the security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to submit the identity and contact information about the credit card holder, the statement of the credit card used in the order for the previous month, or the letter from the cardholder's bank stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the receipt requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other other information he provides while becoming a member of the SELLER's website are in accordance with the truth, and that the SELLER will immediately, in cash and repeatedly compensate all damages that the SELLER will incur due to the untrue of this information, upon the first notification of the SELLER.
9.13. While using the website of the SELLER, the BUYER accepts and undertakes to comply with the provisions of the legal legislation and not to violate them from the beginning. Otherwise, all legal and criminal obligations that may arise will bind the BUYER completely and exclusively.
9.14. BUYER cannot use the SELLER's website in any way that disrupts public order, is contrary to general morality, disturbing and harassing others, for an unlawful purpose, in a way that violates the material and moral rights of others. In addition, the member cannot perform activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. Links can be given to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties through the SELLER's website. These links are put in order to provide ease of orientation to the BUYER and do not support any website or the person who operates that site, and do not constitute any guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this agreement is personally and legally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; Due to this violation, if the incident is transferred to the legal field, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. In the event that the distance contract is related to the sale of goods, the BUYER can use the right to withdraw from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to him or the person/organization at the address indicated, without assuming any legal and criminal responsibility and without giving any reason, provided that he informs the SELLER. In distance contracts related to service delivery, this period starts from the date of signing the contract. Before the end of the right of withdrawal period, the right of withdrawal cannot be used in service contracts where the performance of the service is started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax or e-mail with return within a period of 14 (fourteen) days and the product must not be used within the framework of the provisions of "Right of Withdrawal Unusable Products" issued in this contract. If this right is exercised,
A) The invoice of the product delivered to the 3rd person 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. Order returns issued on behalf of the institutions will not be completed unless the RETURN INVOICE is issued.)
B) Return form,
C) The products to be returned must be delivered completely and undamaged with the box, packaging, standard accessories, if any.
D) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification to the BUYER and to receive a refund of the goods within 20 days.
E) If there is a decrease in the value of the goods due to the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages at the rate of the defect. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or the product during the right of withdrawal.
F) If the campaign is reduced below the limit amount issued by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
11. PRODUCTS THAT CANNOT BE USED FOR THE RIGHT OF WITHDRAWAL
Underwear bottom pieces, swimsuit and bikini bottoms, make-up materials, disposable products, which are prepared in line with the request of the BUYER or clearly personal needs and are not available to be sent, underwear bottoms, swimwear and bikini bottoms, make-up materials, goods that are in danger of rapid deterioration or likely to expire are likely to expire, products that are not suitable in terms of health and hygiene if the packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated by nature, goods related to periodicals such as newspapers and magazines, except for those provided within the scope of the subscription agreement, services performed instantly in electronic environment or intangible goods that are instantly delivered to the consumer, audio or video recordings, books, digital It is not possible by the Regulation to return the content, software programs, data recording and data storage devices, computer consumables, packaging if opened by the BUYER. In addition, it is not possible to use the right of withdrawal regarding the services that have started to be performed with the approval of the consumer before the end of the right of withdrawal period.
In order to return cosmetic and personal care products, underwear products, swimwear, bikini, book, copyable software and programs, DVD, VCD, CD and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untested, intact and unused.
12. DEFAULT STATE AND LEGAL RESULTS
The BUYER accepts, declares and undertakes that he will pay interest within the framework of the credit card contract between him and the cardholder bank and that he will be responsible to the bank if he defaults in the case of making the payment transactions by credit card. In this case, the relevant bank may apply for legal remedies; It can demand the costs and attorney's fee from the BUYER, and if the BUYER defaults due to his debt under all circumstances, the BUYER accepts, declares and undertakes that he will pay the damages and loss suffered by the SELLER due to the delayed performance of the debt.
13. AUTHORIZED COURT
Complaints and objections in disputes arising from this contract will be made to the arbitral tribunal or the consumer court of the consumer problems in the place where the consumer's settlement is located or the consumer transaction is made within the monetary limits specified in the following law. The following is the information regarding the monetary limit:
Effective as of 28/05/2014:
A) 68 of the Law No. 6502 on Consumer Protection. In disputes whose value is below 2.00.00 (two thousand) TL in accordance with the article, the district consumer arbitration committees,
B) To the provincial consumer arbitration committees in disputes whose value is below 3.000,00 (three thousand) TL,
C) In provinces with metropolitan status, applications are made to the provincial consumer arbitration committees in disputes whose value is between 2,000.00 (two thousand) TL and 3,000,00 (three thousand) TL. This Agreement is made for commercial purposes.
14. EFFECTIVENESS
When the BUYER makes the payment for the order he has placed on the Site, it is deemed to have accepted all the terms of this agreement. Before the execution of the order, the SELLER is obliged to make the necessary software arrangements to receive confirmation that this contract has been read and accepted by the BUYER on the site.
SELLER:
RECIPIENT:
DATE:
Ummuhan Sidar Cetinkaya Private Company
Email: contact@mosidar.com
Phone Number : +90 5461307225
Mail Address: Basaksehir Mah. Sehzade Sok. No:1 D:26 Basaksehir 34480 ISTANBUL/TURKEY