This Distance Sales Agreement (hereinafter referred to as the “Agreement”) has been signed between the parties specified below and on the terms and conditions agreed below.
|MOZAİK DESIGN AND DECORATION INDUSTRY AND TRADE LIMITED COMPANY (hereinafter referred to as “MOZAİK” or “SELLER”)
|Dereboyu Cad Toyota Plaza No:78 Ortaköy BEŞİKTAŞ/ISTANBUL
|+90 212 327 05 95
T.C. Identity No:
The subject of this Agreement is to regulate the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers (hereinafter referred to as the “Law”) and the Distance Contracts Regulation dated February 27, 2015 in accordance with the provisions of the Law No. 6502 on the Protection of Consumers (hereinafter referred to as the “Law”) and the Distance Contracts Regulation dated February 27, 2015 in relation to the sale and delivery of the products offered for sale through the mobile application and / or website owned by the Seller and whose quantities and sales price are specified in Article 3 below (collectively, the “Product” or “Products”).
PRODUCTS-GOODS SUBJECT TO CONTRACT
The qualities and main features of the Product-goods or products-goods subject to the contract are below. The total sales price stated below includes VAT and all other taxes, excluding shipping and transportation costs.
Characteristics of the goods subject to the contract:
Total Cost of Product-Goods… TL
Payment Method : Online payment (Credit Card etc.- Advance)
Delivery Address :
Person to be delivered to : [adı-soyadı]
Name Surname :
Invoice Address :
ISSUES ABOUT WHICH THE BUYER WAS INFORMED IN ADVANCE
The Buyer accepts that he/she has reviewed, read, understood and understood all general and specific explanations on the relevant pages and sections of the mobile application and / or website before the establishment of this Agreement with the acceptance of the Buyer in the mobile application and / or website by the Buyer and both the order and the payment obligation, and that the necessary preliminary information has been provided to him/her, and that the preliminary information approval is an integral part of this Agreement.
- The basic characteristics of the Product and/or Products subject to the Contract,
- The title and contact information of the Seller and current introductory information,
- Tools and methods suitable for the purpose regarding the stages of the sales process during the purchase of the Products from the mobile application and the correction of incorrectly entered information,
- The total price of the Product and/or Products including all taxes,
- Procedures for the delivery of the Products to the Buyer and information on shipping costs,
- Other payment/collection information regarding the Products and information regarding the performance of the Agreement, and the responsibilities of the parties in these matters,
- The conditions, duration, procedure and return procedure for the Products for which the right of withdrawal exists,
- Products and other goods and services for which the Buyer does not have the right of withdrawal,
- Special terms of Products defined as Opportunity Products,
- In case of disputes, the Buyer can make legal applications to the District / Provincial Arbitration Committees and Buyer Courts in accordance with the relevant provisions of the Law No. 6502, with the contact information that the Buyer can send complaints to the Seller.
- The Buyer declares that he / she has read and informed the total sales price of the Product subject to the Contract, including VAT and any other additional price, and the preliminary information regarding the payment method and delivery in the mobile application and / or website and that he / she approves the sale of the Product electronically. By confirming the Preliminary Information Form electronically, the Buyer confirms that he/she has correctly and completely obtained and approved the basic qualifications of the Products, the title and contact information of the Seller, the sales price of the Products in Turkish Lira including taxes, payment and delivery information, the situations in which the right of withdrawal cannot be used and will be lost and the legal remedies that he/she may apply in case of dispute before the conclusion of this Agreement.
- The SELLER shall not be liable for any direct or indirect damages that may arise due to breach of contract, tort, or other reasons due to the use of the Website or mobile application and other data and programs. The SELLER, as a result of breach of contract, tort, negligence or other reasons; does not accept any responsibility for interruption of the transaction, error, negligence, interruption, deletion, loss, delay of transaction or communication, computer virus, malfunctions in telecommunication lines, communication error, theft, destruction or unauthorized entry, modification or use of records.
- Purchased Products may not be used for commercial purposes. Any use of the Products for commercial purposes, such as reselling, offering and/or selling at a higher price, promotional activities, etc. is prohibited. In the event that the Buyer’s behavior contrary to this article is detected, the right to demand compensation for the Seller’s damage arises without entitling the Seller to any refund or similar claim.
- The Products subject to the Contract shall be delivered to the Buyer or the person / organization at the address declared by the Buyer or the person / organization at the address declared by the Buyer after the Buyer makes the payment within the period described in the preliminary information in the mobile application and / or website, depending on the distance of the Buyer’s settlement, without prejudice to the cases where it is impossible to fulfill the performance subject to the order. This period must be evaluated separately for each Product ordered. However, special delivery conditions of some Products are provided in the Product detail section of the mobile application and/or website. The Buyer is deemed to have read these conditions before purchasing the Product and to have accepted the relevant delivery conditions if he places an order.
- The Product(s) shall be shipped to the Buyer’s delivery address given in Article 1.2 by the logistics-cargo company determined by the Seller and accepted by the Buyer by approving this contract. It is the Buyer’s responsibility to notify the Seller of any change in the shipping address at least 2 business days prior to the start of shipment of the Product.
- The Seller cannot be held responsible for any problem arising from the Buyer that the cargo company will encounter during the delivery of the Products to the Buyer or for the failure to deliver the ordered Product to the Buyer due to the Buyer’s absence at the address declared by the Buyer.
- If the Buyer is not present at the delivery address declared in this Agreement, the Buyer shall be responsible for any additional transportation costs incurred due to the reshipment of the Products. If the Products are to be delivered to a person / organization other than the Buyer, the name / title of the person / organization to be delivered shall be clearly and in writing by the Buyer, and the Seller cannot be held responsible for the failure of such person / organization to accept delivery or for the failure of delivery due to the absence of the person / organization at the address specified by the Buyer. The Buyer shall be responsible for any additional costs incurred due to the resending of the Products due to the failure of the Products to be received by such person/organization or the failure of the delivery to take place due to the absence of such person/organization at the address specified by the Buyer.
- The SELLER cannot be held responsible for any damages that may arise due to the errors and omissions of the cargo company that makes the shipment process during the shipment of the product (s) to the BUYER and / or their failure to deliver them to the BUYER. If the shipment of the products is undertaken by the SELLER, it is made by the SELLER. The Buyer is obliged to keep a written record of the delivery of the products at the time of receipt of the Products and to open and check the products at the time of delivery and to immediately notify the SELLER of the defects-damages, if any, by recording them in this record. If the products are claimed to be defective or damaged, the buyer may refuse to take delivery of the products. If the product is received, the BUYER is obliged to check it within 2 days at the latest and notify [email protected] e-mail address if there is a defect or damage claim.
- If the product or service purchased by the BUYER is not in the stocks of the supplier company from which the SELLER receives service and there is no equivalent product of equal quality and price, the SELLER reserves the right to terminate the contract by returning the price paid by the BUYER.
- The Buyer is responsible for the shipping costs in case of order cancellations made by the Buyer after the Products are shipped by the Seller but before they are received by the Buyer.
- The Seller is responsible for delivering the Products subject to the Contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
- If the Seller cannot fulfill its obligations under the Contract due to the impossibility of delivery to the Buyer or force majeure, the Seller is obliged to notify the Buyer within 3 (three) days following the learning of this situation and to refund the entire amount collected from the Buyer within 14 (fourteen) days following this notification.
- For the delivery of the Products, the Prior Information Form must be confirmed electronically. If for any reason the price of the Product is not paid or the payment is canceled in the bank records and the product price is not transferred to the seller’s bank account, the Seller shall be deemed to be released from the obligation to deliver the Product.
- In the event that the bank or financial institution does not pay the price of the Product to the Seller due to the unfair or unlawful use of the credit card belonging to the Buyer by unauthorized persons in a way not caused by the fault of the Buyer after the delivery of the Product, the Buyer shall return the Product to the Seller within 3 (three) days, provided that it has been delivered to him, and shall bear all expenses, including shipping expenses.
RIGHT OF WITHDRAWAL
- Article 9 of the Regulation on Distance Contracts Pursuant to the Article; The BUYER has the right to withdraw from the contract within fourteen days without any justification and without penal clause. The right of withdrawal period starts on the day the Buyer or the third party designated by the Buyer receives the goods. By accepting this Distance Sales Contract, the Buyer declares and accepts that he/she has been informed about the right of withdrawal.
- The Buyer who wishes to exercise his/her right of withdrawal must notify the Seller in writing that he/she will exercise this right within the term. This notice is available via e-mail on the Seller’s website and 1. to [email protected] address specified in the article.
- The Buyer is obliged to send the Product to be returned by using the right of withdrawal to the Seller within 10 days from the notification of withdrawal via the Cargo that delivered the Product to him. If this right is exercised, 3. It is obligatory to return the original invoice for the goods / services delivered to the person or the Buyer. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the Buyer. The Seller is responsible for these return costs.
- If, due to the fault of the Buyer, the value of the goods-product decreases or the return becomes impossible, the Buyer is obliged to compensate the Seller’s damages in proportion to the fault.
- The Seller shall refund all payments collected, including the costs of delivery of the goods to the Buyer, if any, within fourteen days from the date of receipt of the notification that the Buyer has exercised the right of withdrawal, through the payment instrument used by the Buyer when purchasing the Product.
CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The Buyer accepts and declares that he/she does not have the right of withdrawal in the following cases.
- Contracts for goods or services whose prices fluctuate with fluctuations in financial markets and are not under the control of the seller or provider.
- Contracts for goods tailored to the consumer’s wishes or personal needs.
- Contracts for the delivery of perishable or expired goods.
- Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts for the delivery of goods whose return is not suitable in terms of health and hygiene.
- Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
- Contracts for books, digital content and computer consumables provided in material media if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
- Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
- Contracts for accommodation, transportation of goods, car rental, provision of food and beverages, and leisure time for entertainment or recreation, which must be concluded on a specific date or period.
- Contracts for services performed instantly in electronic media or for intangible goods delivered instantly to the consumer.
- Contracts for services that are started to be performed with the consent of the consumer before the expiration of the right of withdrawal period.
DISPUTE RESOLUTION AND APPLICABLE LAW
This Agreement is subject to Turkish Law and the provisions of the Law No. 6502 on the Protection of Consumers shall be taken as basis in determining the competent and competent jurisdiction in disputes arising from the Agreement. Within the monetary limits determined within the framework of the legislation, the Consumer Arbitration Committees in the place where the Seller’s residence is located, and in excess cases, Istanbul Consumer Courts are authorized.
MODE OF PAYMENT AND DEFAULT
- The Buyer shall pay for the Products to be purchased through the mobile application and/or website.
- The BUYER accepts, declares and undertakes that since the forward sales are made only with credit cards belonging to the Banks, the buyer will also confirm the relevant interest rates and information about the default interest from his bank, and that the provisions regarding interest and default interest in accordance with the provisions of the legislation in force will be applied within the scope of the credit card agreement between the Bank and the buyer.
- The legal rights of the SELLER in cases deemed to be sold in installments by law (including the right to terminate the contract in case of non-payment of any of the installments and / or to demand payment of the entire remaining debt together with default interest) are available and reserved.
- As of the credit card cut-off date, the order total will be divided by the number of installments and will be reflected on your credit card statement by the bank. The Bank may not distribute the installment amounts equally over the months, taking into account the fractional differences. The creation of your detailed payment plan is at the discretion of the bank.
- Information on how many installments the order total to be transmitted to the bank will be paid/number of installments is provided by the Buyer’s bank.
The Buyer accepts, declares and undertakes that the official books and commercial records of the Seller and the electronic information and computer records kept in its own database and servers shall constitute binding, conclusive and exclusive evidence in disputes that may arise from this Agreement. This article is not applicable to Article 193 of the Code of Civil Procedure. The parties accept, declare and undertake that it is in the nature of an evidential contract within the meaning of the article.
- If any provision of this Agreement is held invalid or unenforceable for any reason whatsoever, the other provisions of this Agreement shall remain in full force and effect.
- The Seller’s failure to exercise or delay in exercising any right or authority it has under the Agreement shall not constitute a waiver of that right or authority, nor shall the exercise of a right or authority alone or in part prevent the subsequent exercise of that or any other right or authority, nor shall it constitute a waiver.
This Agreement consisting of 12 (twelve) articles has been read by the Parties and concluded and entered into force on ……2020 by being approved electronically by the Buyer.