Distance Sales Agreement
Distance Sales Agreement
ARTICLE 1 – PARTIES
1.1 – SELLER
Title: MOI SCARF TEXTILE JOINT STOCK COMPANY
Address: KALE MAH. BALIKÇI ALI OSB CAD. NO: 3 KESTEL/ BURSA
Phone: +90 (539) 702 60 28
Email address: info@moiscarf.com
1.2 – BUYER
A person who is a member of the moiscarf.com shopping site as a customer.
The address and contact information used when registering is taken into account.
ARTICLE 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 moiscarf.com website belonging to the SELLER.
ARTICLE 3 – PRODUCT SUBJECT TO THE 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.
ARTICLE 4 – GENERAL PROVISIONS
4.1 The BUYER declares that he/she has read and is aware of the preliminary information on the moiscarf.com website regarding the basic characteristics of the contractual product, the sales price including all taxes, the payment method, delivery and the fact that the costs thereof will be covered by the BUYER, the delivery period and the full commercial title, full address and contact information of the SELLER, and has given the necessary confirmation electronically.
By confirming this contract electronically, the BUYER confirms that he/she has obtained the address, basic features of the ordered products, the price of the products including taxes, payment and delivery information that should be given to the Consumer by the Seller before the conclusion of distance contracts, accurately and completely.
4.2 The product subject to this contract will be delivered to the BUYER or the person/organization at the address specified by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER's residence, provided that the legal 30-day period does not exceed this period. All shipping costs related to delivery specified in Article 3 will be covered by the BUYER and will be reflected in the invoice for the order under the heading "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 if the person/organization to whom the product is to be delivered does not accept the delivery.
4.4 The SELLER cannot be held responsible for any problems that the cargo company may encounter during the delivery of the product to the BUYER and the failure to deliver the ordered product to the BUYER.
4.5 The SELLER is responsible for delivering the contractual product intact, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.
4.6 The SELLER may supply a different product of equal quality and price to the BUYER before the expiration of the contractual performance obligation, provided that it has a justified reason.
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 expiry of the contractual obligation to perform and may supply the BUYER with a different product of equal quality and price.
4.8 For the delivery of the contracted product, a signed copy of this contract must be delivered to the SELLER and the price must be paid using the payment method chosen by the BUYER. If, for any reason, the product price is not paid or is cancelled in bank records, the SELLER is deemed to be released from its obligation to deliver the product.
4.9 The BUYER acknowledges and agrees that the credit card information entered into the system during shopping is accurate and that they are responsible for any and all legal and criminal liability arising from the use of this credit card. If the relevant bank or financial institution fails to pay the price of the product to the SELLER due to unauthorized or unlawful use of the BUYER's credit card by unauthorized persons, not due to the BUYER's fault, after delivery of the product, the product must be returned to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs are the responsibility of the BUYER. If the BUYER does not return the product, if the product fee is not charged to the credit card for any reason, or if the product fee is refunded to the credit card, the product fee will be transferred to the SELLER's bank account without any further notice.
4.10 If the SELLER is unable to deliver the contracted product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation interruptions, the SELLER is obligated to notify the BUYER. In such cases, the BUYER may exercise one of the following rights: cancel the order, replace the contracted product with a comparable product, if any, and/or postpone the delivery until the impeding condition is resolved. If the BUYER cancels the order, the amount paid will be refunded in cash and in one lump sum within 10 days.
4.11 Points awarded to customers through a campaign by the SELLER are valid for a single purchase only. These points are not refundable even if the product is returned.
For payments made by the BUYER via credit card, the product amount will be refunded to the relevant bank within 7 days of the BUYER's cancellation of the order. Since the reflection of this amount in the BUYER's account after the refund to the bank depends entirely on the bank's transaction process, the BUYER acknowledges that the SELLER will not be able to intervene in any way to prevent possible delays, and that it may take an average of 2 to 3 weeks for the bank to reflect the amount refunded to the SELLER's credit card in the BUYER's account.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within 14 days from the delivery of the contractual product to him or to the person/organization at the address he has indicated, without having to give any reason.
However, products specially prepared, offered for sale and/or imported for certain days such as New Year's Eve, holidays, Mother's Day, and campaign and promotional products cannot be returned; the BUYER accepts these terms and conditions and makes the purchase.
In order to exercise the right of withdrawal, the SELLER must be notified by fax or email within 14 days and the product must not have been used in accordance with the provisions of Article 6. In case of exercising this right,
a) The invoice for the product delivered to the 3rd party or the BUYER (If the invoice for the product to be returned is a corporate product, it must be sent along with the return invoice issued by the corporate product. Returns of orders with invoices issued in the name of corporate products will not be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) Products to be returned within 14 days must be returned complete and undamaged, including the box, packaging, and any standard accessories. The product price will be refunded to the BUYER within 10 days of receipt of these documents by the SELLER.
The shipping cost of a product returned due to the right of withdrawal will be covered by the SELLER for domestic orders and by the BUYER for international orders. The SELLER will not refund the shipping fee collected from the BUYER when selling the product.
When returning the product to the SELLER, the original invoice presented to the BUYER upon delivery must also be returned (to ensure consistency in our accounting records). If the invoice is not returned to the SELLER along with the product or, at the latest, within 5 days of the product's shipment, the return will not be processed and the product will be returned to the BUYER in the same manner, with the return payment. The invoice to be returned with the product must be marked "return invoice" and signed by the BUYER.
ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Due to their nature, returns of single-use products, copyable software and programs, products that deteriorate quickly or are likely to expire are not accepted.
ARTICLE 7 – DEBTOR’S DEFAULT
In the event of BUYER's default, BUYER agrees to pay SELLER's losses and damages arising from delayed performance of the debt. In cases where BUYER's default is due to SELLER's fault, BUYER shall not be obligated to cover any claims for loss or damage.
ARTICLE 8 – COMPETENT 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 submit complaints and objections to the consumer arbitration committee or consumer court where the SELLER purchased the goods or services or where the SELLER resides, within the monetary limits determined each December by the Ministry of Industry and Trade of the Republic of Turkey. Information regarding the monetary limits is provided below:
Effective as of 28/05/2014;
a) In accordance with Article 68 of the Law on Consumer Protection No. 6502, it is mandatory to apply to district consumer arbitration committees for disputes with a value below two thousand Turkish Lira, to provincial consumer arbitration committees for disputes with a value below three thousand Turkish Lira, and to provincial consumer arbitration committees for disputes between two thousand Turkish Lira and three thousand Turkish Lira in provinces with metropolitan status. Applications cannot be made to consumer arbitration committees for disputes exceeding these values.
b) In disputes over the specified value, an application must be made to the Consumer Court, or in places where there is no Consumer Court, an application must be made to the Civil Courts of First Instance acting as Consumer Courts.
This preliminary information is provided for commercial purposes.
Please Note: Before signing the cargo report, please check your package for any damage caused by transport. If your package is damaged for any reason, please return it to the shipping representative for a report to be filed without signing any delivery documents. We will immediately ship your new products to you. If products with damaged cargo packages are received, sefamerve.com is not responsible for any damage or missing items.
15.All these terms and conditions are subject to Turkish Law.