Distance Sales Contract
DISTANCE SALES CONTRACT ARTICLE
1- PARTIES
SALES PERSON
Trade Name :
MURAT CUBUK
NAME/TITLE:
MURAT CUBUK
ADDRESS: KAZIM KARABEKİR MAH. 850.SK NO:5 GOP/ISTANBUL
E-MAIL:
info@zenulingerie.com
WIRE:
552 064 11 27
BUYER
Name Surname :
Address :
Telephone :
Email :
ARTICLE 2 - SUBJECT AND SCOPE OF THE AGREEMENT
This constitutes the determination of the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection and the Regulation on Distance Contracts, in relation to the sale and delivery of goods/services with the qualities specified in the contract, which are ordered electronically for the purchase of the products of the Seller through www.moondesir.co or other domain names depending on the service provided (“Website”) belonging to Zenu Lingerie.
Zenu Lingerie acknowledges and declares that it is not a party to this Agreement in any way and that it has no responsibility or commitment regarding the fulfillment of the parties' obligations under the Agreement.
ARTICLE 3 – BASIC CHARACTERISTICS AND PRICE OF THE GOODS SUBJECT TO THE CONTRACT
The type and kind of the product/products, quantity, brand/model, color and sales price including taxes and delivery information are as follows: Payment Method and Plan: Monthly payment of …. (in writing ……………………………………….) TL / cash payment of ……….. TL via ……….Bank credit card via online virtual POS application.
Maturity difference received: …….
Interest rate used in the Maturity Difference calculation: % …
Shipments will begin within 3 business days following the order. Shipment will be completed within (7) business days.
Delivery Address:
Persons to be Delivered:
1.2.Invoice Address:
ARTICLE 4 – DELIVERY OF GOODS AND METHOD OF DELIVERY
The contract enters into force upon approval by the Buyer and is executed upon delivery of the Goods/Services purchased by the Buyer from the Seller to the Buyer. The Goods/Services will be delivered to the person/persons at the address specified by the Buyer in the order form and in this contract.
ARTICLE 5 – DELIVERY COSTS AND PERFORMANCE
Delivery costs of the Goods/Services are the responsibility of the Buyer. If the Seller has declared on the website that the delivery cost will be covered by the Seller, the delivery costs will be the responsibility of the Seller.
Delivery of the goods shall be made within the promised period after the Seller's stock is available and payment is made. The Seller shall deliver the Goods/Services within 30 (thirty) days from the date the Goods/Services are ordered by the Buyer and reserves the right to extend this period by an additional 10 (ten) days with written notice. If the Goods/Services are not paid by the Buyer for any reason or if the payment is cancelled in the bank records, the Seller shall be deemed to have been released from the obligation to deliver the Goods/Services.
ARTICLE 6 – REPRESENTATIONS AND COMMITMENTS OF THE BUYER
The Buyer declares that he/she has read and is informed about the basic characteristics of the contractual product on the Website, the sales price and payment method, and the preliminary information uploaded by the Seller regarding delivery, and that he/she has made the necessary confirmation electronically. Buyers may submit their requests and complaints as Consumers through the channels provided by the Seller's contact information above. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that he/she has obtained the address that should be given to the consumer by the Seller before the conclusion of distance contracts, the basic characteristics of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely. The Buyer shall inspect the Goods/Services subject to the Agreement before receiving them, and if the Goods/Services are damaged, broken, torn in packaging, etc. and defective, the responsibility belongs entirely to the Buyer. The Goods/Services received by the Buyer from the cargo company officer shall be deemed to be undamaged and intact. The responsibility for the Goods/Services and damages after delivery belong to the Buyer. If the relevant bank or financial institution does not pay the price of the goods/services to the Seller due to the unfair or illegal use of the Buyer's credit card by unauthorized persons for reasons not caused by the Buyer's fault after the delivery of the Goods/Services, the Buyer is obliged to return the Goods/Services to the Seller within 3 (three) days, provided that they have been delivered to the Buyer. In this case, the delivery expenses belong to the Buyer.
ARTICLE 7 – DECLARATIONS AND COMMITMENTS OF THE SELLER
The Seller is responsible for delivering the Goods/Services subject to the Contract to the Buyer in accordance with the Consumer Legislation, intact, complete, in accordance with the qualities specified in the order and with the warranty documents and user manuals, if any. If the Seller cannot deliver the product subject to the Contract within the specified time due to force majeure or extraordinary circumstances preventing transportation, it is obliged to notify the Buyer of the situation as soon as possible. If the Goods/Services subject to the Contract are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to whom the delivery is made does not accept the delivery.
ARTICLE 8 – RIGHT OF WITHDRAWAL
The Seller undertakes that the Buyer has the right to withdraw from the contract by rejecting the goods or services within 7 (seven) days from the date of receipt or signing of the contract without assuming any legal or criminal liability and without giving any justification, and that the Seller will take back the goods as of the date the notice of withdrawal reaches the Seller. The notice of the right of withdrawal and other notifications regarding the contract can be sent through the seller's contact information channel specified above.
SINCE Zenu Lingerie IS NOT A PARTY TO THIS DISTANCE SALES AGREEMENT, THE RIGHT OF WITHDRAWAL CANNOT BE USED AGAINST MOONDESIR OR A REFUND CANNOT BE REQUESTED.
In order to exercise the right of withdrawal, the Seller must be notified within this period in accordance with the provisions of the legislation. In case of exercising the right of withdrawal:
- a) The product delivered to the Buyer or the third party notified by the Buyer, whose information is given above, must be returned.
- b) Products to be returned within 7 (seven) days must be returned with their box, packaging, standard accessories, if any, and other products gifted with the product, complete and undamaged.
Within 10 (ten) days following the exercise of the right of withdrawal and the receipt of the information, the product price will be returned to the Buyer in the same manner as paid. When the product is returned to the Seller, the original invoice presented to the Buyer at the time of product delivery must also be returned. The return shipping cost belongs to the Seller. The return section of the invoice to be returned with the product will be filled in and signed by the Buyer.
ARTICLE 9 – CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
The right of withdrawal cannot be exercised in the following cases: a) Service contracts where the performance of the service begins with the approval of the consumer before the expiration of the right of withdrawal period) Contracts regarding goods whose prices are determined on the stock exchange or other organized markets) Contracts regarding the delivery of goods that are prepared in line with the wishes of the consumer or clearly in line with his/her personal needs, are not suitable for return due to their nature and are in danger of rapid deterioration or expiration) Contracts regarding sound or image recordings, software programs and computer consumables, provided that the packaging has been opened by the consumer) Contracts regarding the delivery of periodical publications such as newspapers and magazines) Contracts regarding the performance of services related to betting and lottery) Contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the consumer.
ARTICLE 10 – RESOLUTION OF DISPUTES
If consumers have problems with the Seller and the Seller cannot resolve the problem, they can apply to the Consumer Problems Arbitration Board in the place where they purchased the product or where they reside for complaints and objections regarding transactions with a product price up to 1,161.67 TL; and to the Consumer Court in the place where they purchased the product or where they reside for complaints and objections regarding transactions with a product price over 1,161.67 TL. In the third paragraph of Article 5 of the Regulation on Consumer Problems Arbitration Boards published in the Official Gazette dated 01.08.2003 and numbered 25186, the lower monetary limit regarding the duty and authority of provincial arbitration boards operating in provinces with metropolitan status to hear disputes is 3,032.65 TL.
ARTICLE 11 – PRICE OF GOODS/SERVICES
Discounts, coupons and other offers made by MOONDESIR are reflected in the sales price.
ARTICLE 12 – DEFAULT AND ITS LEGAL CONSEQUENCES
In case the Buyer defaults in the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney fees from the Buyer and in any case, in case the Buyer defaults due to his debt, the Buyer agrees to pay the Seller's losses and damages due to the delayed payment of the debt.
ARTICLE 13 – NOTIFICATIONS AND EVIDENCE AGREEMENT
It accepts, declares and undertakes that Moondesir's official books and commercial records, electronic information and computer records kept in its database and servers shall constitute binding, definitive and exclusive evidence, and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.
ARTICLE 14 – ENFORCEMENT
This Agreement, consisting of 14 (fourteen) articles, has been concluded by being read by the Parties and approved electronically by the Buyer, and has entered into force immediately.