Preliminary Information Form
PRE-CONTRACTUAL PRE-INFORMATION FORM
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1. BUYER AND SELLER INFORMATION
1.1. Seller Information
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2. DEFINITIONS
In the application and interpretation of this Pre-Information Form and Distance Sales Contract, the terms written below shall refer to the written explanations opposite them.
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Buyer |
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Real or legal person acting for non-commercial or non-professional purposes |
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Bank |
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Deposit banks and participation banks established in accordance with the Banking Law No. 5411, as well as development and investment banks, |
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Law |
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Consumer Protection Law No. 6502 |
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Cargo Company
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The contracted logistics company that ensures the delivery of the product(s) to the Buyer and their return from the Buyer to the Seller during return processes. |
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KVKK |
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Law on the Protection of Personal Data No. 6698 |
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Pre-Information Form |
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The "Form" prepared by informing the Buyer about all the minimum elements specified in the Regulation before the conclusion of the contract or the acceptance of any corresponding offer. |
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Site |
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The website https://www.moodfest.com.tr/ where the Buyer examines and purchases the products subject to the Contract electronically within a system established by the Seller. |
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Seller |
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The real or legal person, including public legal entities, who supplies goods to the consumer for commercial or professional purposes or acts on behalf or account of the supplier, "MD Giyim Tekstil Sanayi Ticaret Ltd. Şti. |
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Contract |
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The Distance Sales Contract concluded between the parties by using remote communication tools for the remote marketing of goods or services within a system established for this purpose, from the moment the contract is concluded, including the moment of conclusion, without the simultaneous physical presence of the seller or provider and the consumer. |
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Product |
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Movable goods, and all kinds of intangible goods such as software, audio, video and similar, prepared for use in electronic environment, which are subject to shopping, |
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Regulation |
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Distance Contracts Regulation |
3. SUBJECT AND SCOPE OF INFORMATION
3.1. The subject of this Pre-Information Form (“Form’’) is to inform the Buyer, in accordance with the provisions of the Consumer Protection Law No. 6502 (“Law’’) and the Distance Contracts Regulation (“Regulation’’) published in the Official Gazette dated November 27, 2014, and numbered 29188, regarding the sale and delivery of the product(s) with the characteristics specified in the Form, which the Buyer electronically ordered from the website at www.dolcemilk.com.tr for the purchase of the product(s) belonging to the Seller.
3.2. After this Form is read and accepted electronically by the Buyer, the stage of concluding the Distance Sales Contract (“Contract”) will be initiated. The Buyer must approve the Contract to purchase the product or service electronically.
4. BASIC CHARACTERISTICS AND PAYMENT INFORMATION OF THE PRODUCT SUBJECT TO SALE
4.1. Information regarding the description, amount, quantity, and payment terms of the product(s) is as stated below, and its basic characteristics (type, quantity, brand/model, color, quantity) are available on the relevant page where the product advertisement is located on the Site named www.dolcemilk.com.tr and on the order summary page. The Buyer is deemed to have accepted the matters about which they were informed.
4.2. The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated and changed. Periodically advertised prices are valid until the end of the specified period; the Buyer acknowledges that they have been informed about this situation.
4.3. The sales price including all taxes for the product subject to the contract and the quantity of the product are shown in the table below.
4.4. Unless otherwise stated, packaging and delivery costs (shipping fee etc.) belong to the Buyer. In this Form and the Contract, delivery costs may be agreed to belong to the Seller, provided that their amount is determined.
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Product |
Quantity |
Cash Price |
Total (VAT Included) |
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5. PAYMENT AND DELIVERY TERMS
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Total Product Price Excluding Shipping Down Payment Amount Point Usage |
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Shipping Fee |
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Installment Difference |
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Total Order Amount |
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Payment Method and Plan |
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Delivery Address Order Date |
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Cargo Company to which the Buyer will send the Product in case of return to the Seller |
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Invoice Information (Trade Name/First Name-Last Name) Invoice Address Invoice Delivery |
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5.1. Due to installment sales being made only with credit cards/bank cards belonging to banks, the Buyer accepts, declares and undertakes that they will confirm the relevant interest rates and information regarding default interest with their bank separately, 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 cardholder Bank are valid. The credit card payment date is determined by the agreement between the Bank and the Buyer. The Buyer can also track the number of installments and their payments from the account statement sent by the Bank.
5.2. The product/products will be delivered by the cargo company to the delivery address specified by the Buyer on the Site, packaged and intact, along with its invoice, within 30 (thirty) days at the latest from the order date.If the Buyer uses the "pick up from store" option during the payment phase 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 Seller's chosen store.If the Seller fails to fulfill this obligation, the Buyer may terminate the agreement. In this case, the Seller shall refund all payments collected, including delivery costs if any, to the Buyer with legal interest within 14 (fourteen) days from the date of receipt of the termination notice.
5.3. If the Buyer chooses a MoodFest store as the delivery point for the products during the purchase process through the Site, the product/products subject to sale will be delivered by the cargo company to the MoodFest store chosen by the Buyer. After the product is delivered to the MoodFest store chosen by the Buyer, the Buyer will pick up the product after receiving a notification/call at the contact address registered on the Site.
5.4. If the Buyer does not receive the product for any reason, it will be considered that the product/products have been returned, and all payments collected, including delivery costs if any, will be refunded to the Buyer.
5.5. If the price of the product or service is not paid by the Buyer for any reason or the payment is canceled in the Bank's records, the Seller is deemed to be relieved of the obligation to deliver the product or service. However, if the product or service has been delivered during this process, the Buyer must return the product to the Seller in the condition in which it was received. 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).
5.6. The Seller will notify the Buyer if it becomes impossible to fulfill the ordered goods or services, if the Seller cannot supply the product subject to the Agreement, or if the product(s) are found to be damaged; and will refund the product price to the Buyer, including delivery costs if any, through the payment instrument and method used by the Buyer.
5.7. If 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 after the product is delivered to the relevant cargo company. In this case, the Buyer accepts and undertakes to pay any extra costs, including delivery costs that the Seller would be obliged to pay.
5.8. If the product is to be delivered to another person indicated by the Buyer, the Seller is not responsible for any damages and expenses arising from the delay or non-delivery of the product by this person.
5.9. The Buyer is obliged to check the product(s) upon receipt; not to accept damaged/defective or missing products such as dented, broken, 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. After delivery, the responsibility for careful protection of the product belongs to the Buyer.If the Buyer sees a problem caused by the cargo at the time of receiving the product/products, they are responsible for not accepting the product/products and for having a record kept by the cargo company official. Otherwise, the Seller cannot be held responsible.
6. COMMITMENTS REGARDING SALE
6.1. While an order placed by the Buyer through the Site implies a payment obligation, the Buyer will incur a payment obligation if they confirm the order. The prices stated in this form are sales prices. 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.
6.2. The Seller is responsible for delivering the goods or services subject to the Agreement to the Buyer in accordance with the legislation; sound, complete, in accordance with the specifications stated in the order, and with warranty certificates and user manuals, if any.
6.3. If the Seller cannot deliver the goods or services subject to the agreement within the specified period due to force majeure or extraordinary circumstances preventing transportation, the Seller is obliged to notify the Buyer within 3 (three) days from the date they learn of the situation.
6.4. The 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 number stated in the announcement on the Site, product sales may be prevented. If it is determined that the Buyer has ordered more than the number stated in the announcement after placing their order, orders exceeding the stated number may be canceled, and in this case, all payments collected from the Buyer, including delivery costs for the canceled products if any, will be refunded to the Buyer. The Buyer accepts, declares and undertakes that they have created their order knowing the product order restrictions, and that their orders may be prevented and canceled if they order more than the number stated in the announcement on the Site.
7. RIGHT OF WITHDRAWAL
7.1. The Buyer has the right of withdrawal within 14 (fourteen) days from the date of delivery of the Product subject to the Agreement to them 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 carrier using the address and numbers specified in Article 1 of this Form within this period, and the product must be unused, with its package unopened, its label uncut, undamaged, and in its original condition as delivered, with its original box, packaging, standard accessories and/or promotions, if any, complete and undamaged, and returned to the Seller within 10 (ten) days. In case this right is exercised, the Product price will be deposited into the Buyer's Bank account and refunded within 14 (fourteen) days from the date the notification regarding the exercise of the right of withdrawal is received by the Seller. The Buyer accepts and declares that the Seller has no involvement or responsibility for any possible delays, as the reflection of the amount in the Buyer's accounts after the refund process is carried out by the Seller to the Bank is entirely related to the Bank's own transaction process. In addition, the Buyer may exercise their right of withdrawal through verbal methods directed to the Seller's customer services or written methods (contact form, live support panel, etc.) via “www.moodfest.com.tr”. The burden of proof regarding the exercise of the right of withdrawal in this article belongs to the Buyer.
7.2. In determining the period of the right of withdrawal;
a) For goods that are the subject of a single order and delivered separately, the day on which the Buyer or the third person determined by the Buyer receives the last good,
b) For goods consisting of multiple parts, the day on which the Buyer or the third person determined by the Buyer receives the last part,
c) In contracts where the regular delivery of goods is made for a certain period, the day on which the Buyer or the third person determined by the Buyer receives the first good is taken as the basis.
7.3. In case the right of withdrawal is exercised, it is obligatory to send the original invoice along with the product return to the Seller. If the original invoice is not sent, VAT and other legal obligations, if any, will not be refunded.
7.4. The product must be returned with its invoice, box, packaging, standard accessories if any, and other products given as gifts, all complete and undamaged in a single package. The Buyer is not responsible for changes and deteriorations that occur if the product is used in accordance with its operation, technical specifications and usage instructions during the withdrawal period. Accordingly, if there is a change or deterioration due to the product not being used in accordance with its usage instructions, technical specifications and operation during the period until the withdrawal date, the Buyer may lose their right of withdrawal.
7.5. The shipping cost of the product returned by the Buyer by exercising the right of withdrawal will be covered by the Seller only 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 sends the returned product with a cargo company other than the one 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 product may incur during the shipping process.
7.6. The Seller is responsible for delivering the Product in a sound, complete condition, in accordance with the specifications stated in the order, and with warranty documents and user manuals, if any.
7.7. If the right of withdrawal cannot be exercised within the legal period and in accordance with the procedure, the Buyer cannot benefit from the right of withdrawal.
7.8. If the campaign limit amount falls below the limit due to the exercise of the right of withdrawal, the discount amount utilized within 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 for books, digital content and computer consumables presented in a tangible medium if the protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
b) Contracts for goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the seller or provider.
c) Contracts for goods prepared in line with the Buyer's wishes or personal needs.
d) Contracts for the delivery of goods that are perishable or whose expiration date may pass.
e) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, and package have been opened after delivery, and whose return is not suitable for health and hygiene reasons.
f) Contracts for goods that are mixed with other products after delivery and cannot be separated by their nature.
g) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription contract.
h) Contracts for accommodation, goods transportation, car rental, food and beverage supply, and leisure activities for entertainment or recreation that must be made on a specific date or period.
i) Contracts for services performed instantly in electronic environment or for intangible goods delivered instantly to the Buyer.
j) Contracts for services whose performance has started with the Buyer's consent before the expiration of the right of withdrawal.
9. PROTECTION OF PERSONAL DATA
9.1. The Seller attaches importance to the processing, security, and protection of personal data provided by the Buyer through the Site for the Buyer to benefit from the content offered within the scope of this Agreement and Form, in accordance with all legislation, including the KVKK, and the decisions of the Personal Data Protection Board. The Seller shall not use the personal data provided to it 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 shall not share it with third parties. However, in cases where it is requested by authorized administrative and/or judicial authorities, in cases where it is necessary to provide information, and to the extent required by legislation, it may be shared by the Seller with official authorities/institutions and organizations.
9.2. The Buyer accepts, declares, and undertakes that they are obliged to check that the personal data provided to the Seller through the Site within the scope of this Form and Agreement is accurate, complete, and up-to-date, not to share this information with third parties, to take necessary measures, including those related to viruses and similar harmful applications, to prevent access by unrelated persons, and to ensure the security of the said personal data, otherwise they will be personally responsible for any damages that may arise and for demands from third parties.
9.3. The Shopping Illumination Text, which states the 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 Form.
10. GENERAL PROVISIONS
10.1. The Buyer declares that they have read and understood the basic characteristics of the product subject to sale, the sales price and payment method, and the preliminary information regarding delivery in this Form and that they have given the necessary written confirmation.
10.2. The Seller cannot be held responsible for the non-delivery of the ordered product to the Buyer due to any problem that the cargo company may encounter during the delivery of the products to the Buyer.
10.3. The products subject to sale are delivered to the Buyer within the legally specified period (30 days). If the cargo company does not have a branch where the Buyer is located, the Buyer must pick up the product from another nearby cargo branch of the cargo company notified by the Seller. For products indicated as "estimated delivery date" on the website, the delivery date is specified as an estimate and this expression does not contain any commitment.
10.4. In the event that the Buyer is not 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 contact the cargo company and follow up on the shipment of the products. 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 at the address or their refusal to accept the delivery. In these cases, all damages arising from the Buyer's late receipt of the product and the expenses incurred due to the product remaining at the cargo company and/or the product being returned to the Seller belong to the Buyer.
10.5. The Buyer must pay the full price of the product before receiving it. If the product price is not fully paid to the Seller before delivery, the Seller may unilaterally cancel the contract and not deliver the product.
10.6. In the event of extraordinary circumstances (such as adverse weather conditions, disruptions originating from internet connection service providers, decisions and practices of authorized official authorities, and nationwide internet connection service slowdown/interruption, heavy traffic, earthquake, flood, fire, epidemic diseases, pandemic) beyond the delivery conditions, including but not limited to delays in logistics activities of the product(s) subject to the contract, and due to economic reasons such as sudden increases in exchange rates or devaluation, if delivery cannot be made 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 by a permanent data carrier in advance. In this case, the Buyer accepts and undertakes in advance that the Seller has no responsibility and that the Buyer will not claim any rights from 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 ceases.
10.7. If the product price has been collected in case of order cancellations, 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 to the Buyer's accounts after its refund to the Bank is entirely related to the Bank's processing period, the Buyer hereby accepts that the Seller cannot intervene in any way or assume responsibility for possible delays.
10.8. The Seller is responsible for delivering the products sound, complete, in accordance with the specifications stated in the order, and with warranty certificates and user manuals, if any.
10.9. If the delivery of the products becomes impossible, the Seller shall notify the Buyer of this situation before the expiration of the performance obligation arising from the contract and shall refund the total amount to the Buyer within 14 (fourteen) days.
10.10. If the price of the goods or services is not paid for any reason or is canceled in the Bank records, the Seller shall be deemed to have been released from the obligation to deliver the product.
10.11. If the price of the products is not paid to the Seller for any reason, the Buyer shall return the products to the Seller within 3 (three) days from the notification of the Seller, with all expenses borne by the Buyer. All other contractual and legal rights of the Seller, including the right to claim the product price, are reserved separately and in all circumstances.
10.12. If the Buyer and the credit card holder used during the order are not the same person, or if a security vulnerability regarding 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 statement of the credit card used in the order 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 these requests are not met within 24 (twenty-four) hours, the Seller reserves the right to cancel the order.
10.13. If the relevant bank or financial institution does not pay the product price to the Seller due to the credit card belonging to the Buyer being used unfairly or illegally by unauthorized persons after the delivery of the product, the Buyer is obliged to send the product delivered to them to the Seller within 3 (three) days, completely and/or in working condition, through the cargo company specified in this Form.
10.14. For 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 from the Seller's physical stores. However, if the Buyer requests an exchange, the exchange can be carried out from the Seller's physical stores, provided that the exchanged product is of equivalent value to the purchased product or of higher value with the price difference covered by the Buyer.
11. RESOLUTION OF DISPUTES
For the implementation of this Form and the resolution of disputes arising from the Agreement with the Buyer, the Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchased the goods or services and where their residence is located are authorized, up to the value announced by the Ministry of Industry and Trade. District/Provincial Consumer Arbitration Committees are authorized for Buyer's requests within the lower and upper limits specified in the relevant provisions of the Law. Istanbul Courts and Enforcement Offices are authorized for claim subjects exceeding these limits.