Distance Sales Agreement
DISTANCE SALES AGREEMENT
This Distance Sales Agreement (the “Agreement”) is concluded electronically between the “Buyer” and the “Seller” whose addresses are provided below, under the terms and conditions set forth below. The Buyer and the Seller shall be referred to separately as “Party” and collectively as “Parties” in this agreement.
1. PARTIES
1.1.Seller Information
Title :MD GİYİM TEKSTİL SANAYİ VE TİCARET LTD. ŞTİ.
Mersis Number:0613082440900018
Tax ID Number:6130824409
Address:Akşemsettin Mh. Akdeniz Cad. No:9/A Fatih İstanbul
Phone:+905339401366
E-mail Information : merhaba@moodfest.com.tr
KEP Address : mdgiyim@hs06.kep.tr
1.2.Buyer Information
Name Surname:
Delivery Address:
Person to be Delivered:
Phone:
Invoice Address:
Order Date:
Delivery Method:Delivery to Buyer (Address) or Store Pickup
2.DEFINITIONS
In the application and interpretation of the Preliminary Information Form and the Distance Sales Agreement, the terms written below shall refer to the written explanations karş their opposite.
Buyer:Real or legal person acting for non-commercial or non-professional purposes
Bank : Deposit banks and participation banks established in accordance with the Banking Law No. 5411, as well as development and investment banks,
Law:Law on Consumer Protection No. 6502
Cargo Company
The contracted logistics company that ensures the delivery of the product/products to the Buyer and their return from the Buyer to the Seller during return processes.
KVKK:Law No. 6698 on the Protection of Personal Data
Preliminary Information Form: The “Form” prepared by informing the Buyer about all minimum elements specified in the Regulation, before the conclusion of the contract or the acceptance of any corresponding offer.
Site: The website www.moodfest.com.tr where the Buyer reviews and purchases the products subject to the Agreement electronically within a system established by the Seller.
Seller:Real or legal person, including public legal entities, offering goods to the consumer for commercial or professional purposes, or acting on behalf or account of the offeror; “Güvercin İletişim Hizmetleri ve Pazarlama Limited Şirketi”
Agreement :Distance Sales Agreement concluded between the seller or provider and the consumer by means of distance communication tools, from the moment of establishment of the contract until and including the moment of conclusion, within a system established for the remote marketing of goods or services without the simultaneous physical presence of the parties.
Delivery Method: Delivery to the address chosen by the Buyer as the delivery point for products during the purchase stage on the www.moodfest.com.tr website, or store pickup at a Moodfest store.
Product:Movable goods subject to shopping, as well as all kinds of intangible goods such as software, audio, video and similar prepared for use in electronic environment.
Regulation:Distance Contracts Regulation
3. SUBJECT AND SCOPE OF THE AGREEMENT
3.1The Parties accept and declare that they are aware of and understand their obligations and responsibilities arising from the Law on Consumer Protection No. 6502 (the “Law”) and the Distance Contracts Regulation published in the Official Gazette dated November 27, 2014, and numbered 29188 (the “Regulation”) under this Agreement.
3.2The subject of the Agreement is to determine the rights and obligations of the Parties regarding the sale and delivery of the goods or services with the characteristics specified in the Preliminary Information Form (“Form”), which the Buyer electronically ordered from the website named www.moodfest.com.tr (“Site”) for the purchase of goods or services belonging to the Seller, in accordance with the provisions of the Law and the Regulation. The Buyer accepts and declares that they have knowledge of the basic characteristics, sales price, payment method, delivery conditions, etc. of the product subject to sale, as well as the “Preliminary Information Form” and “Right of Withdrawal” prepared in accordance with the Regulation for the goods/product/service subject to sale, that they have read and understood the Form electronically, and that they subsequently ordered the product.
3.3 The “Preliminary Information Form” and “Membership Agreement” located on the payment page within the Site, and the invoice issued upon the creation of the order are integral parts of this Agreement. By placing an order, the Buyer is deemed to have accepted all conditions of this Agreement. The Buyer accepts that the Seller is not responsible for price update errors caused by technical reasons, that the Product selected through the Site may not be exactly the same as the product officially published on the Site, and that the product may contain changes that do not affect its nature and the expected benefit from the product.
3.4The Buyer accepts, declares and undertakes that before creating the order for the product/products subject to this Agreement and before the conclusion of the Agreement, they have been informed accurately and completely about all general-special explanations in the relevant sections of the Site, including but not limited to cancellation-return and right of withdrawal conditions, and about all matters related to the conclusion and implementation of the Agreement, including the issues contained in this Agreement and the Form, and that they have read and understood them.
4. MAIN CHARACTERISTICS AND PAYMENT INFORMATION OF THE PRODUCT SUBJECT TO SALE
4.1The information regarding the description, unit amount, quantity, and payment terms of the product/products is as stated below, and its main characteristics (type, quantity, brand/model, color, quantity) are available on the www.moodfest.com.tr website, on the relevant page where the product is advertised, and on the order summary page. The Buyer is deemed to have accepted the matters about which they were informed.
4.2The prices listed and advertised on the site are sales prices. The advertised prices and promises are valid until updated and changed. Prices advertised for a limited period are valid until the end of the specified period; the Buyer accepts in advance that they have been informed about this situation.
4.3The sales price including all taxes and the quantity of the product subject to the contract are shown in the table below.
4.4Unless otherwise stated, packaging and delivery costs (shipping fees, etc.) belong to the Buyer. It may be agreed in this Agreement and the Form that delivery costs belong to the Seller, provided that the amount is determined.
ProductQuantityCash PriceTotal (Including VAT)
5. PAYMENT AND DELIVERY TERMS
Total Product Price Excluding Shipping :
Down Payment:
Point Usage :
Shipping Fee :
Installment Difference :
Total Order Amount :
Payment Method and Plan :
Delivery Address :
Order Date :
Cargo Company to which Buyer will send the Product in case of Return :
Invoice Information :
(Commercial Title/Name-Surname):
Invoice Address:
Invoice Delivery :
5.1Due to the fact that installment sales are made only with credit cards/bank cards belonging to Banks, the Buyer accepts, declares and undertakes that they will separately confirm the relevant interest rates and default interest information from their Bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the bank and the Buyer in accordance with the provisions of the current legislation. In installment transactions, the relevant provisions of the agreement signed between the Buyer and the card-issuing bank are valid. The credit card payment date is determined by the provisions of the agreement between the Bank and the Buyer. The Buyer can also follow the number of installments and their payments from the account statement sent by the Bank.
5.2The product/products, along with its invoice, will be delivered packaged and sound by the cargo company to the delivery address specified by the Buyer on the Site within 30 days at the latest from the order date. If the Buyer uses the "pick up from store" option during the payment stage on the Site and specifies the store where the product/products will be picked up by store name or city name, they will be able to pick up the ordered product/products from the selected Seller's store. However, in the circumstances and conditions specified in Article 10.6 of this Agreement, the delivery period may be extended by an additional 10 days. If the Seller fails to fulfill this obligation, the Buyer may terminate the contract. In this case, the Seller shall refund all collected payments, including delivery costs if any, to the Buyer with legal interest within 14 (fourteen) days from the date of receipt of the termination notice.
5.3If the Buyer chooses a Moodfest store as the delivery point for the products during the purchase stage on the Site, the product/products subject to sale will be delivered by the cargo company to the Moodfest store selected by the Buyer. After the delivery of the product to the Moodfest store selected by the Buyer, the Buyer will pick up the product after the notification/call received at the communication address registered on the Site.
5.4In the event that the Buyer fails to receive the product for any reason, it will be deemed that the product/products have been returned, and all collected payments, including delivery costs if any, will be refunded to the Buyer.
5.5If for any reason the price of the product or service is not paid by the Buyer or the payment made is canceled in the Bank's records, the Seller is deemed to be released from the obligation to deliver the product or service. However, if the delivery of the product or service has occurred during this process, the Buyer must return the product to the Seller in the condition in which it was received, bearing all costs, including the shipping fee for the return process. In the event that the return of the product is impossible, the Buyer accepts and undertakes to pay the sales price of the product to the Seller, together with legal interest and the expenses incurred by the Seller related to the product (including but not limited to shipping costs).
5.6If the Seller realizes that the performance of the goods or services subject to the order has become impossible, that the product subject to the Agreement cannot be supplied, or that the product/products are damaged, the Seller will notify the Buyer of this situation; and will refund the product price to the Buyer, including delivery costs if any, through the payment instrument and payment method used by the Buyer.
5.7If the Buyer requests the product to be sent with a cargo company other than the cargo company determined by the Seller, the Seller is not responsible for any loss or damage that may occur from the delivery of the product to the relevant carrier. In this case, the Buyer accepts and undertakes to pay the extra costs, including the delivery costs that the Seller is obliged to pay.
5.8If the product is to be delivered to another person indicated by the Buyer, the Seller is not responsible for damages and expenses arising from this person's delayed receipt of the product and/or failure to receive it at all.
5.9The Buyer is obliged to inspect the product(s) upon delivery; not to accept damaged/defective or missing products such as dents, breakages, torn packaging, etc.; and to immediately notify the Seller of any defects found. The acceptance of the product(s) by the Buyer means that it is accepted as undamaged and sound. The responsibility for carefully preserving the product after delivery belongs to the Buyer. If the Buyer observes a problem originating from the cargo at the time of receiving the product(s), the Buyer is responsible for not accepting the product(s) and for having the cargo company official draw up a report. Otherwise, the Seller cannot be held responsible.
6. COMMITMENTS REGARDING SALE
6.1Although the order placed by the Buyer means a payment obligation, the Buyer will incur a payment obligation if they approve the order. The prices specified in this Agreement are sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a limited period are valid until the end of the specified period.
6.2The Seller is responsible for delivering the goods or services subject to the Agreement to the Buyer in accordance with the legislation; sound, complete, conforming to the specifications stated in the order, and with warranty certificates and user manuals, if any.
6.3If the Seller cannot deliver the goods subject to the contract within the due date due to force majeure or extraordinary circumstances preventing delivery, the Seller is obliged to notify the Buyer within 3 (three) days from the date of learning the situation.
6.4The number of Products that the Buyer can order may be limited by an announcement made on the Site. If the Buyer wishes to purchase more products than the quantity specified in the announcement made on the Site, the sale of the product may be prevented. If it is determined that the Buyer has ordered more than the quantity specified in the announcement after placing the order, orders exceeding the quantity specified in the announcement may be canceled, and in this case, all payments collected from the Buyer, including delivery costs for canceled products, if any, will be refunded to the Buyer. The Buyer accepts, declares, and undertakes that they have placed their order knowing the product order restrictions, and that if they order more than the quantity specified in the announcement made on the Site, their orders may be prevented and canceled.
7RIGHT OF WITHDRAWAL
7.1The Buyer has the right of withdrawal within 14 (fourteen) days from the date of delivery of the Product subject to the Agreement to themself or to the person at the address they indicated. To exercise the right of withdrawal, the Buyer must apply to the Seller via e-mail, telephone or permanent data storage device using the address and numbers specified in Article 1 of this Agreement within this period, and the product must be unused, its package unopened, its label uncut, undamaged and in its original state as delivered, complete and undamaged with its original box, packaging, standard accessories and/or promotion, if any, within 10 (ten) days. If this right is exercised, the Product price will be refunded within 14 (fourteen) days by depositing it into the Buyer's bank account. Since the reflection of the amount on the Buyer's accounts after the refund process to the Bank by the Seller is entirely related to the Bank's own processing time, the Buyer accepts and declares that the Seller has no intervention or responsibility whatsoever for possible delays. In addition, the Buyer may exercise the right of withdrawal by verbal methods directed to the Seller's customer services or by written methods (contact form, live support panel, etc.) made via "www.moodfest.com.tr". The burden of proof regarding the exercise of the right of withdrawal in this article belongs to the Buyer.
7.2In determining the period for the right of withdrawal;
a)For goods that are subject to a single order but delivered separately, the day the Buyer or the third party designated by the Buyer receives the last good,
b)For goods consisting of more than one piece, the day the Buyer or the third party designated by the Buyer receives the last piece,
c)For contracts where the good is delivered regularly for a certain period, the day the Buyer or the third party designated by the Buyer receives the first good, shall be taken as a basis.
7.3If the right of withdrawal is exercised, the original invoice must be sent to the Seller along with the returned Product. If the original invoice is not sent, VAT and other legal obligations, if any, will not be refunded.
7.4The product must be returned together with its invoice, box, packaging, standard accessories if any, and other products gifted with the product, complete and undamaged in a single package. The Buyer is not responsible for changes and deteriorations that occur if the product is used in its ordinary course within the withdrawal period, in accordance with its function, technical specifications, and usage instructions. Accordingly, if there is a change or deterioration due to the product not being used in accordance with its usage instructions, technical specifications, and function during the period until the date of withdrawal, the Buyer may lose their right of withdrawal.
7.5The shipping cost of the product returned by the Buyer using the right of withdrawal will only be covered by the Seller if the product is sent back by the Buyer with the cargo company specified in the Form. Unless otherwise agreed by the Seller, if the Buyer returns the product with a cargo company other than the cargo company specified in the Preliminary Information Form, the shipping fee will be paid by the Buyer, and the Buyer will be responsible for any damage the goods may incur during the shipping process.
7.6The Seller is responsible for delivering the Product sound, complete, conforming to the specifications stated in the order, and with warranty certificates and user manuals, if any.
7.7If the right of withdrawal cannot be exercised within the legal period and in the proper manner, the Buyer cannot benefit from the right of withdrawal.
7.8If the campaign limit amount set by the Seller falls below the limit due to the exercise of the right of withdrawal, the discount amount utilized within the scope of the campaign will be canceled.
8. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The Buyer cannot exercise the right of withdrawal in the following contracts:
a)Contracts relating to books, digital content, and computer consumables supplied in a material environment if the protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
b)Contracts relating to goods or services whose price fluctuates depending on financial market movements and which are outside the control of the seller or provider.
c)Contracts relating to goods prepared in line with the Buyer's wishes or personal needs.
d)Contracts relating to the delivery of goods that are perishable or whose expiry date may pass quickly.
e)Contracts relating to the delivery of goods from which protective elements such as packaging, tape, seal, package have been opened after delivery, and whose return is not suitable for health and hygiene reasons.
f)Contracts relating to goods that are mixed with other products after delivery and cannot be separated due to their nature.
g)Contracts relating to the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement.
h)Contracts relating to accommodation, goods transportation, car rental, food and beverage supply, and leisure activities for entertainment or recreation purposes, which must be performed on a specific date or period.
i)Contracts relating to services performed instantly in an electronic environment or intangible goods delivered instantly to the Buyer.
j)Contracts relating to services whose performance began with the Buyer's approval before the end of the right of withdrawal period.
9.PROTECTION OF PERSONAL DATA
9.1The Seller attaches importance to the processing, security, and protection of personal data provided by the Buyer through the Site within the scope of this Agreement and Form, including all relevant legislation such as KVKK (Law on Protection of Personal Data) and decisions of the Personal Data Protection Board, to enable the Buyer to benefit from the content offered. The Seller will not use the personal data provided by the Buyer during the performance of the transactions subject to the Agreement for any purpose other than the performance of the services offered through the Site and will not share it with third parties. However, if requested by authorized administrative and/or judicial authorities, in cases where information is necessary, and to the extent required by law, it may be shared by the Seller with official authorities/institutions and organizations.
9.2The Buyer accepts, declares, and undertakes that they are responsible for checking that the personal data provided to the Seller through the Site within the scope of this Agreement and Form is accurate, complete, and up-to-date, not sharing this information with third parties, taking necessary measures including those related to viruses and similar harmful applications to prevent access by unauthorized persons, and ensuring the security of such personal data, and otherwise, they will be personally responsible for any damages that may arise and for demands from third parties.
9.3The Shopping Clarification Text, which specifies obligations such as for what purpose the personal data provided by the Buyers to the Seller through the Site during the performance of the acts subject to this Agreement may be processed, is an integral part of this Agreement.
10.GENERAL PROVISIONS
10.1The Buyer accepts, declares, and undertakes that they have read and understood the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product(s) subject to the Agreement provided by the Seller before the conclusion of this Agreement, and has given the necessary confirmation electronically.
10.2The Seller cannot be held responsible for the inability to deliver the ordered product to the Buyer due to any problem encountered by the cargo company during the delivery of the products to the Buyer.
10.3The products for sale are delivered to the Buyer within the legally specified period (30 days). If the cargo company does not have a branch at the Buyer's location, the Buyer must pick up the product from another nearby branch of the cargo company as notified by the Seller. The "estimated delivery date" for products stated on the website is an estimated delivery date and this statement does not contain any commitment.
10.4If the Buyer is not personally present at their address at the time of delivery of the products, the Seller is deemed to have fulfilled its performance completely and fully. In the event that there is no one to receive the product(s) at the delivery address, it will be the Buyer's responsibility to follow up on the shipment of the products by contacting the cargo company. If the product is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible for the non-presence of the person/organization to be delivered to or their refusal to accept the delivery. In such cases, all damages arising from the Buyer's late receipt of the product, as well as the expenses incurred due to the product having waited at the cargo company, being damaged, and/or the product being returned to the Seller, shall be borne by the Buyer.
10.5The Buyer must have paid the price of the product in full before receiving it. If the product price is not paid in full to the Seller before delivery, the Seller may unilaterally cancel the contract and not deliver the product.
10.6If there is a delay in the logistics activities of the product(s) subject to the contract and, without being limited to these, in extraordinary circumstances outside the delivery conditions (adverse weather conditions, disruptions caused by internet connection service providers, decisions and practices of authorized official authorities, and nationwide slowdown/interruption of internet connection service, heavy traffic, earthquake, flood, fire, epidemic, pandemic, etc.) or due to economic reasons such as sudden increases in exchange rates, devaluation, the delivery cannot be realized within the legal 30-day period, the delivery period may be extended by an additional 10 business days, provided that the Buyer is notified in writing or via a permanent data storage device. In this case, the Buyer accepts and undertakes in advance that the Seller has no responsibility, and that the Buyer will not make any claims against the Seller due to this situation. The Buyer may, if they wish, cancel the order, order a similar product, or wait for the product to be delivered until the extraordinary situation is resolved.
10.7In case of order cancellations, if the product price has been collected, it is refunded to the Buyer. For credit card payments, the refund is made to the Buyer's credit card, and the product amount is refunded to the relevant Bank after the order is canceled by the Buyer; since the reflection of this amount on the Buyer's accounts after the refund to the Bank is entirely related to the Bank's transaction process, the Buyer hereby accepts that the Seller cannot intervene or assume responsibility for possible delays.
10.8The Seller is responsible for delivering the products sound, complete, conforming to the specifications stated in the order, and with warranty certificates and user manuals, if any.
10.9If the delivery of the products becomes impossible, the Seller notifies the Buyer of this situation before the performance obligation arising from the contract expires and refunds the total amount to the Buyer within 14 (fourteen) days.
10.10If for any reason the product price is not paid or is canceled in the Bank records, the Seller is considered to be released from the obligation to deliver the product.
10.11If the price of the products is not paid to the Seller for any reason, the Buyer shall return the products to the Seller at their own expense within 3 (three) days at the latest from the Seller's notification. The Seller's other contractual and legal rights, including the right to collect the product price, are additionally and in all cases reserved.
10.12If the Buyer and the credit card holder used during the order are not the same person, or if a security vulnerability related to the credit card used in the order is detected before the product is delivered to the Buyer, the Seller may request the Buyer to provide identification and contact information of the credit card holder, the credit card statement for the previous month, or a letter from the card holder's bank stating that the credit card belongs to them. The order will be frozen for the period until the Buyer provides the requested information/documents, and if the aforementioned requests are not met within 24 (twenty-four) hours, the Seller reserves the right to cancel the order.
10.13If, after the delivery of the product, the relevant bank or financial institution does not pay the product price to the Seller due to unauthorized or unlawful use of the Buyer's credit card by unauthorized persons, the Buyer is obliged to send the product delivered to them to the Seller, complete and/or in working condition, through the cargo company specified in the Form, within 3 (three) days.
10.14For purchases made through the Site, return procedures are carried out only through the Site, and the order amount is refunded to the Buyer via the virtual POS infrastructure through which the payment was made; returns are not accepted at the Seller's physical stores. In contrast, if the Buyer requests an exchange; the exchange transaction can be carried out at the Seller's physical stores, provided that it is limited to a product of equivalent value to the purchased product or a product of higher value, with the price difference covered by the Buyer.
10.15The Buyer accepts, declares, and undertakes that in disputes that may arise from the Agreement, the commercial books, computers, records, and other documents of the Seller shall constitute binding, conclusive, and exclusive evidence, and that this article constitutes an evidentiary agreement within the meaning of Article 193 of the Code of Civil Procedure.
11.APPLICABLE LAW AND DISPUTE RESOLUTION
Turkish Law and legislation shall apply to disputes subject to this agreement, and for the resolution of disputes arising from this Agreement between the Parties and for the implementation of the Form, up to the value announced by the Ministry of Commerce, the Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchased the good or service and where their domicile is located shall have jurisdiction. District/provincial consumer arbitration committees are authorized to handle consumer claims in line with the lower and upper limits specified in the relevant provisions of the Law. For claims exceeding these limits, Istanbul Courts and Enforcement Offices are authorized.
12.EFFECTIVE DATE
This Agreement, consisting of 12 (twelve) articles, has been read by the Parties, concluded and entered into force on the transaction date by the Buyer's electronic approval.