DISTANCE SALES AGREEMENT Article 1- Parties to the Agreement:
1.1. Sales person
EZGI FILIZ
Address: BEŞKÖPRÜ MAH. 13. CAD. BAHÇEKENT SITE NO: 57 SERDIVAN/ SAKARYA
Website: www.moonartceramic.com
Email : info@moonartceramic.com
Number: +90 (542) 352 64 95
1.2. Buyer
End Consumer (CUSTOMER)
Article 2- Subject of the Agreement:
2.1. The buyer, the basic characteristics of the goods / services subject to sale, the sales price, payment method, delivery conditions, etc. It accepts and declares that it has knowledge of all preliminary information and the right of withdrawal regarding the goods/services subject to sale, confirms this preliminary information in electronic environment and then orders the goods/services in accordance with the provisions of this contract.
Moreover; The person to whom the invoice will be drawn up is also a party to the contract. He is obliged to report his information completely, accurately and completely. The buyer is deemed to have accepted in advance the damage and responsibility that may occur as a result of providing incomplete or incorrect information.
2.2. The preliminary information and invoice on the payment page of the www.moonartceramic.com website are integral parts of this contract.
Article 3- Contract Date and Force Majeure:
3.1. These two copies of the contract, which were previously signed by the seller, were accepted by the buyer by signing on ............. and one copy will be sent to the buyer's e-mail address.
Circumstances that do not exist or are not foreseen at the date of signing of the contract, develop beyond the control of the parties, and which make it impossible for one or both of the parties to partially or completely fulfill their obligations and responsibilities assumed by the contract, or to fulfill them on time, shall be considered as force majeure. The party in the person of force majeure shall notify the other party immediately and in writing.
3.2. Definition of force majeure; Natural disaster, war, terrorism, uprising, changing legislation provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc. will be accepted as
In the continuation of the force majeure, the parties will not be liable for their failure to fulfill their duties. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
Article 4- Delivery Costs and Execution:
4.1. Delivery costs belong to the Buyer. If the Seller has declared on the website that the delivery fee of those who shop above the amount announced on the website will be covered by him, the delivery cost belongs to the Seller.
4.2. Delivery; It is done as soon as possible after the stock is available and the cost of the goods is transferred to the Seller's account. The seller delivers the goods/services within 30 (thirty) days from the order and reserves the right to extend an additional 10 (ten) days with written notification within this period. If, for any reason, the cost of goods/services is not paid or canceled in the bank records, the Seller shall be deemed to have been released from the obligation to deliver the goods/services.
Article 5- Rights and Obligations of the Seller:
5.1.The seller is responsible for the delivery of the goods / services subject to the contract in a sound, complete manner, in accordance with the qualifications specified in the order and, if any, with warranty documents and user manuals.
If the goods /services subject to the contract are to be delivered to a person /organization other than the Buyer, the Seller cannot be held responsible for the failure of the person / organization to be delivered to accept the delivery.
The seller receives a refund of the Goods /service within Fourteen (14) days after the withdrawal declaration reaches him, returns the cost of the goods / service, if any, the negotiable instruments within 10 (ten) days after receiving the return product. For justified reasons, the seller can supply the buyer with equal quality and price before the performance period in the contract expires.
5.2. If the seller believes that the performance of the goods / service has become impossible, he notifies the buyer before the performance period of the contract expires. The price paid and the documents, if any, will be returned within 10 (ten) days. Defective or defective goods /services from goods/services that are or are not from goods/services sold with a warranty certificate can be sent to the Seller to make the necessary repairs under the warranty conditions, in which case the delivery costs will be covered by the Buyer.
5.3.The buyer cannot be under the age of 18. Although it is small, the seller will mainly accept the buyer's age stated in the contract and will not be held responsible for misspelling the buyer's age.
If the buyer does not pay within 3 (Three) days from the date of the order, the Seller may terminate the sale unilaterally.
Article 6- Rights and Obligations of the Buyer:
6.1The Buyer agrees and undertakes to perform the acts imposed on him in the contract in full, except for force majeure reasons. In addition, if it places an order, the business also accepts and undertakes that it is deemed to have accepted all the provisions of this agreement.
6.2.The buyer will inspect the goods/service subject to the contract before taking delivery of the dented, broken, torn packaging, etc. damaged and defective goods/services will not be delivered from the cargo company. The Goods/service received will be deemed to be undamaged and intact. The responsibility for the careful protection of the goods /services after delivery belongs to the buyer. The invoice on the cargo package must be kept for refund.
6.3If the bank or financial institution does not pay the cost of the goods/ services to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons in a way that is not due to the Buyer's fault after delivery of the goods/services, the Buyer is obliged to send the goods/services to the Seller within 3 (Three) days, provided that they have been delivered to him. In this case, the delivery costs belong to the Buyer.
6.4.Buyer, www.moonartceramic.com all preliminary information about the seller and goods / services from the site and the use of the right of "Withdrawal” and how to use this right, product order and pay conditions, product instructions, measures taken against possible situations and warnings made are www.moonartceramic.com order, pay, usage procedure on the site, etc. official authorities where they can read their information and have information, submit complaints and objections, etc. he accepts and declares that he has clear, understandable and appropriate information about the Internet environment and confirms this preliminary information electronically.
Article 7- Characteristics of the Goods / Services Subject to the Contract:
7.1Type, type, quantity, brand, model, color and sales price including All Taxes of the goods/services www.moonartceramic.com the information contained on the goods/service promotion page on the website and the work are as stated in the invoice, which is considered an integral part of this agreement.
Article 8- Advance/Term Price of Goods/Services:
8.1.The Advance/Term price of the goods/service is as indicated in the content of the invoice sent to the customer along with the sample invoice mailed at the end of the order and the product.
Article 9- Order, Pay, Shipment:
9.1.If the buyer purchases by credit card and in installments, the format and number of installments selected from the site are valid. In installment transactions, the relevant Decrees of the contract signed between the Buyer and the cardholder bank are valid. The pay date of the credit card is determined by the Decrees of the contract between the bank and the buyer. The buyer can also track the number of installments and payouts from the bank's account statement sent.
9.2. The transfer date to the account will be taken as the basis for payments made by WIRE TRANSFER/EFT. The order number must be clearly stated in the Money Order/Eft form.
9.3.The buyer is processed through the VIRTUAL POSU of the bank he has chosen to pay for the products he has added to his cart. The seller sends a confirmation email to the buyer before shipping the Paid orders. After the confirmation mail is sent, the shipment process is started.
9.4.Any disruption in the process or problems that may arise related to the credit card are notified to the buyer by using one or more of the phone /e-mail routes specified in the contract. If necessary, the buyer may be asked to contact his bank. The time of processing orders is not the moment when the order is placed, but the moment when the necessary collection is made from the credit card account or it is determined that the transfer (EFT) has reached the seller's accounts.
9.5.If it is understood that the goods/service subject to the contract cannot be supplied for an exceptionally justified reason and/or an inventory problem is encountered, another good of equal quality and price may be sent to the buyer if the buyer is immediately informed and clearly informed and approves, or another new product may be sent in accordance with the buyer's desire and choice, the product may be expected to enter the inventory or the other obstacle to delivery will disappear, and/or the order may be canceled.
In cases where it becomes impossible to fulfill the obligation to deliver the goods / services subject to the contract, the buyer is informed of this situation, the total price he has paid and any documents that put him in debt, if any, are returned to him within 10 (Ten days) at the latest, and the contract is canceled. In such a case, the buyer will not have any additional material and moral damage claims from the seller.
Shipping:
9.6. Upon sending the order and pay confirmation e-mail, the product /products are delivered to the cargo Company with which the seller has an agreement. The seller sends the cargo tracking number and other transport information, if any, to the buyer by e-mail. The delivery time to the cargo is 7 (seven) business days from the date of the contract. It can be extended for a maximum of 5 (five) business days, provided that the buyer is notified in advance in writing or by phone.
9.7.The Buyer is deemed to have accepted the obligation to send a phone notification in Mobile Areas where the cargo company cannot deliver the address and to pick up the buyer from the cargo branch. The seller cannot be held responsible for delays and disruptions caused by the cargo company. The buyer must immediately notify the seller of situations related to delivery problems from the seller's contact information in the contract.
9.8.If the product is to be delivered to a person/organization other than the Buyer, the seller is not responsible for the extra shipping costs that may arise from the refusal of the person / organization to be delivered, inaccuracy in the shipping information and/or the Buyer's absence from the place.
9.9. Damaged packages should not be delivered and a report should be attached to the Cargo Company official. If the Cargo Company official believes that the package is not damaged, the buyer has the right to open the package there to check that the products were delivered undamaged and to request that the situation be determined with a report again. After the package is received by the Buyer, it is accepted that the Cargo Company has performed its duty in full. If the package has not been accepted and the minutes have been kept, the situation should be reported to the seller's Customer Service as soon as possible together with the remaining copy of the minutes in the Buyer.
Article 10- Product Return and Withdrawal Right Procedure:
10.1.The buyer has the right to withdraw from the contract by notifying the seller in advance without any justification and without paying a penalty condition within 14 (fourteen) days after receiving the goods. in accordance with the VUK general communiqué No. 385, in order for return transactions to be made, the buyer must send it back together with the original invoice belonging to the seller delivered together with the goods. If the buyer exercises the right of withdrawal, the seller will refund the total price received by the buyer within 10 (ten days) at the latest from the receipt of the invoice with the product, and any documents that put the consumer in debt, if any, without incurring any costs to the consumer. The period of the right of withdrawal begins from the day the goods are delivered to the buyer. The return price of the returned product or products must be covered by the Buyer. In cases where the refund must be paid by the seller, the buyer agrees to ship it with the cargo company with which the seller has an agreement.
10.2. The buyer agrees and undertakes not to damage the product and its packaging in any way, in case he wants to return the product he received, and to return the original invoice and the delivery note at the time of return
10.3. There is no right of withdrawal for goods prepared in accordance with the buyer's wishes and/or explicitly his personal needs.
10.4.The decrease in the value of the goods that have been delivered or the presence of a reason that makes restitution impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or impossibility of return is caused by the consumer's defect, the seller must compensate for the value or decrease in the value of the goods.
10.5. If any opening, deterioration, breakage, destruction, tearing, use and other situations are detected in the product and packaging received overnight, and if the product cannot be returned in its current state when it is delivered to the buyer, the product will not be refunded and the price will not be refunded.
10.6 .The buyer must inform the seller in advance of his/her request to use the right of withdrawal.The returned product that reaches the seller is considered a refund if it meets the conditions specified in this agreement, and the refund is paid to the buyer's credit card /account. The price refund will not be made until the product is returned. The reflection period of the refunds made to the Credit Card on the credit card accounts is at the savings of the relevant bank. After the seller has paid the entire product price to the bank at once, installment expenses made from the Bank's pos can be refunded to the buyer's credit card in installments. This is in the savings of the bank.
In case of return of goods and services purchased by card, the seller cannot pay the buyer with cash in accordance with the contract concluded with the Bank. Paying paid in cash to the buyer in accordance with the procedure specified above, the merchant member, that is, the seller, will make a refund via the relevant software in the case of a refund transaction, and since the merchant member, that is, the seller is obliged to pay the relevant amount to the Bank in cash or as an offset, it cannot be paid in cash to the buyer in accordance with the procedure specified above. The refund to the credit card will be made by the Bank in accordance with the above procedure after the buyer has paid the price to the Bank in one go.
Article 11- Product Warranty Conditions:
11.1. Warranty period, www.moonartceramic.com it is as stated on the product page on the website and the supplier company determines/applies the warranty.
The products that are used and cleaned in accordance with the instructions for use are guaranteed against all kinds of production defects within the specified conditions. The seller's warranty liability applies only to consumers who fall within the scope of law No. 4077. For business of a commercial nature, the provisions of the Turkish Commercial Code will apply.
Article 12- Confidentiality Obligations:
12.1. www.moonartceramic.com , this contract is definitely 3 for no reason.He will not share it with People/Institutions. For statistical purposes, commercial purposes or similar purposes, your personal information is strictly 3. It will not be given to Individuals/Institutions.
The seller will be able to disclose this information only within the framework of the existence of an administrative/ legal obligation. If the seller has the information requested from him within the scope of any kind of judicial investigation documented by the research license, he can provide it to the relevant authority.
Article 13- Competent Courts and Institutions:
13.1. In disputes that may arise from this business agreement, Consumer Arbitration Committees are authorized up to the value announced by the Ministry of Industry and Trade, and Consumer Courts are authorized in disputes over this value. Courts of First Instance are authorized in places where there is no Consumer Court.
SELLER : EZGI FILIZ
receiver:
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