Distant sales agreement

ARTICLE 1 - PARTIES

1.1- SELLER:

Name: Moda Days Tekstil Reklam Fotoğrafçılık Sanayi Ve Ticaret Limited Şirketi
Address: Mehmet Nesih Özmen Mah. Kayacık Sk. No:1 İç Kapı No:2 Merter Güngören/ İstanbul
Phone:+905330884503
Fax:-
Email:[email protected]

1.2- BUYER:

 

 
ARTICLE 2 - SUBJECT

The subject of this agreement is the sale and delivery of the product specified below, with its qualifications and sales price stated, by the BUYER's order through the Moda Days Tekstil Reklam Fotoğrafçılık Sanayi Ve Ticaret Limited Şirketi website, in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts.

ARTICLE 3 - PRODUCT SUBJECT TO THE AGREEMENT

Date: 21.11.2024 17:48:07

The type and quantity of the products, their brand/model, color, and the sales price are as stated above.

 
Payment method: Money Order
Delivery address: kayacık sk no1
Total USD 235.60 with Money Order

ARTICLE 4 - GENERAL PROVISIONS
 
4.1- The BUYER declares that they have read and acknowledged the basic qualifications of the contractual product, its sales price, payment method, and the preliminary information regarding the delivery on the Moda Days Tekstil Reklam Fotoğrafçılık Sanayi Ve Ticaret Limited Şirketi website, and provided the necessary confirmation electronically.
4.2- The contractual product shall be delivered to the BUYER or the person/institution at the address indicated by the BUYER, within the period stated in the preliminary information on the website, not exceeding the legal 3-day period depending on the distance of the BUYER's place of residence.
4.3- In the event that the contractual product is to be delivered to a person/institution other than the BUYER, the SELLER shall not be held responsible if the person/institution to be delivered refuses to accept the delivery.
4.4- The SELLER is responsible for delivering the contractual product in sound, complete, in accordance with the specified qualifications in the order, and with any warranty documents and usage manuals, if any.
4.5- In order for the delivery of the contractual product to take place, it is required that the signed copy of this agreement is delivered to the SELLER and the payment is made by the BUYER through the payment method they choose. In the event that the product price is not paid for any reason or is canceled in the bank records, the SELLER shall be deemed to be exempt from the obligation to deliver the product.
4.6- In the event that the credit card of the BUYER is used unlawfully or illegally by unauthorized persons, not due to the fault of the BUYER, and the bank or financial institution does not pay the product price to the SELLER, the product must be returned to the SELLER within 3 days after being delivered to the BUYER, provided that it has been delivered to the BUYER. In this case, the shipping costs shall be borne by the BUYER.
4.7- In the event that the SELLER is unable to deliver the contractual product within the agreed period due to force majeure or extraordinary circumstances such as adverse weather conditions or disruption of transportation, theSELLER is obligated to notify the BUYER. In such case, the BUYER may exercise their right to cancel the order, request the replacement of the product with a similar one, if available, or request the postponement of the delivery until the impediment is resolved. If the BUYER cancels the order, the amount paid will be refunded to them within 10 days.
4.8- In the case of products sold with a warranty certificate, if the products are defective or faulty, the BUYER may send them to the SELLER for necessary repairs, and in such case, the shipping expenses will be covered by the SELLER.

ARTICLE 5 - RIGHT OF WITHDRAWAL

The BUYER cannot exercise the right of withdrawal or return the product subject to the agreement due to its wholesale nature or custom production. As the products are considered wholesale or custom-made, the provisions regarding the right of withdrawal and return do not apply under this agreement. However, in the event of a manufacturing defect, necessary inspections will be carried out in accordance with the relevant legislation, and an appropriate solution will be provided by the SELLER.

ARTICLE 6 - PRODUCTS THAT CANNOT BE SUBJECT TO WITHDRAWAL

Products that cannot be returned due to their nature include wholesale products, custom-made orders, single-use products, copyable software and programs, perishable goods, or products with expired use-by dates. The right of withdrawal cannot be exercised for these products. Additionally, the return of products offered within the scope of wholesale or custom production is only possible if a manufacturing defect is identified and with the SELLER's approval. For such products, returns can only be processed if the product is unused, undamaged, and in its original unopened packaging as delivered.

- Portable Computers (Once the original operating system is installed, returns will not be accepted.)
- All kinds of software and programs
- DVDs, VCDs, CDs, and cassettes
- Computer and stationery supplies (toner, cartridge, ribbon, etc.)
- All kinds of cosmetic products
- Telephone top-up orders

ARTICLE 7 - COMPETENT COURT

In the implementation of this agreement, Consumer Arbitration Committees declared by the Ministry of Industry and Trade, and Consumer Courts located in the residential areas of the BUYER or the SELLER are authorized.

ARTICLE 7.1 - UNDELIVERED PRODUCTS AND SHIPPING FEES

If the BUYER fails to accept delivery of the shipped product for any reason, the round-trip shipping costs will be invoiced to the BUYER and must be paid within 30 days. If payment is not made within this period, the amount will be collected through legal means. For products returned to the warehouse due to non-acceptance of delivery, the BUYER must collect the products within 15 days or arrange for shipping from the warehouse. If the products are not collected within this period, they will be disposed of, and no refund will be issued to the BUYER.

ARTICLE 8 - ADDITIONAL PROTECTION TERMS OF THE SELLER

8.1- The SELLER engages in wholesale sales to all over the world and acknowledges that the products purchased by the BUYER are for wholesale trade purposes.
8.2- The SELLER reserves the right to conduct additional checks for payment security and fraud prevention in credit card and bank transfer payments.
8.3- In case the SELLER suspects that the credit card used by the BUYER for payment is being used fraudulently or without authorization, they may request additional identity verification information or documents for security purposes.
8.4- The SELLER takes necessary precautions to ensure that the BUYER completes the required checks and makes the payment securely before proceeding with the transaction. However, the SELLER is not liable for any fraud or counterfeit payment situations for any reason.
8.5- The SELLER recommends that the BUYER completes the verification steps and takes necessary security measures before making the payment. These steps include verifying the credit card information, using a secure internet connection, and protecting personal information during the payment process.
8.6- The SELLER utilizes SSL (Secure Socket Layer) technology to ensure the security of the BUYER. This technology encrypts the BUYER's payments for secure transmission.
8.7- The SELLER takes necessary precautions to keep the BUYER's personal and financial information confidential during payment transactions. This information is only used for the purpose of completing payment transactions and is not shared with third parties.

ARTICLE 9 - GENERAL PROVISIONS

9.1- Upon the realization of the order, the BUYER is deemed to have accepted all the conditions of this agreement.
9.2- The SELLER reserves the right to make changes to the terms of the agreement. Changes will be notified to the BUYER through an appropriate method determined by the SELLER, and the necessary consent for the changes will be obtained.
9.3- This agreement is prepared in Turkish language and in two copies. The parties acknowledge, declare, and undertake that each copy of this agreement is equally binding.

SELLER

Moda Days Tekstil Reklam Fotoğrafçılık Sanayi Ve Ticaret Limited Şirketi

BUYER

erdı cıcek