Distance Sales Contract

DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement is made between the parties below under the terms and conditions specified.

'BUYER' (hereinafter referred to as "BUYER")

Name-Surname: Address:

'SELLER' (hereinafter referred to as "SELLER")

Name-Surname: Moontia e-Ticaret Limited Şirketi Address: Cevizli Mah. Ayhan Sk. No:14 İç Kapı No:7 Maltepe/Istanbul

By accepting this agreement, the BUYER acknowledges and accepts that, upon confirming the order, they will be obligated to pay the price of the ordered item and any additional charges such as shipping fees, taxes, and other specified fees, and that they have been informed in advance.

2. DEFINITIONS

In the implementation and interpretation of this agreement, the terms listed below shall represent the written explanations opposite them:

MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Contracts (RG:27.11.2014/29188),
SERVICE: Any consumer transaction not involving the supply of goods, performed or promised to be performed in return for a fee or benefit,
SELLER: The company providing or acting on behalf of the company to provide goods to consumers as part of its commercial or professional activities,
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for purposes other than commercial or professional,
SITE: The internet site owned by the SELLER,
ORDERER: The natural or legal person requesting a good or service through the SELLER’s internet site,
PARTIES: SELLER and BUYER,
AGREEMENT: This agreement made between the SELLER and the BUYER,
GOOD: Movable goods subject to purchase and intangible goods such as software, audio, video, and similar items prepared for use in electronic media.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product with the specifications and sale price specified below, which the BUYER has ordered electronically through the SELLER's internet site, in accordance with the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.

The prices listed and announced on the site are the sale prices. The announced prices and promises are valid until updated or changed. Prices announced for a limited period are valid until the end of the specified period.

4. SELLER INFORMATION

Company Name: Moontia e-Ticaret Limited Şirketi
Address: Cevizli Mah. Ayhan Sk. No:14 İç Kapı No:7 Maltepe/Istanbul
Phone: +90534 258 35 35
Email: gulden@moontia.com

5. BUYER INFORMATION

Person to be delivered to:
Delivery Address:
Phone:
Email/Username:

6. PERSON PLACING THE ORDER INFORMATION

Name/Surname/Title:
Address:
Phone:
Email/Username:

7. INFORMATION ON THE PRODUCT(S)/SERVICE SUBJECT TO THE AGREEMENT

7.1. The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER’s internet site. If the SELLER has organized a campaign, you may review the basic features of the relevant product during the campaign period. This is valid until the campaign date.

7.2. The listed and announced prices on the site are the sale prices. The announced prices and promises are valid until updated or changed. Prices announced for a limited period are valid until the end of the specified period.

7.3. The total sales price of the goods or services subject to the contract, including all taxes, is shown below.

Product Description
Quantity
Unit Price
Subtotal (Including VAT)

Shipping Fee

Total:

Payment Method and Plan
Delivery Address
Person to Receive the Delivery
Billing Address
Order Date
Delivery Date
Delivery Method

7.4. The shipping cost, which is a product dispatch expense, will be paid by the BUYER.

8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
Invoice Delivery: The invoice will be delivered to the billing address along with the order during the order delivery.

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes that they have read the preliminary information regarding the product’s essential characteristics, sale price, payment method, and delivery, which is provided on the SELLER's website, and that they have confirmed this information electronically. The BUYER also acknowledges, declares, and undertakes that they have obtained the correct and complete address, basic features of the ordered products, price including taxes, payment, and delivery information required to be provided by the SELLER before the distance selling contract is established.

9.2. Each product subject to the contract will be delivered to the BUYER or the person and/or organization specified by the BUYER at the address indicated on the website within the period specified in the preliminary information, provided that it does not exceed the 30-day legal period, depending on the distance of the BUYER's residence. If the product cannot be delivered to the BUYER within this period, the BUYER retains the right to terminate the contract.

9.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the contract completely, in accordance with the characteristics specified in the order, and with any warranty documents, user manuals, and required information and documents. The SELLER further agrees, declares, and undertakes to perform the work in compliance with legal regulations, ensuring it is free from defects, meeting standards, and conducted with accuracy, honesty, and due diligence, and to maintain and improve service quality.

9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit approval before the expiration of the performance obligation.

9.5. If the SELLER is unable to fulfill its obligations under the contract due to impossibility of performance of the ordered product or service, the SELLER agrees, declares, and undertakes to notify the consumer in writing within 3 days from the date of learning about the situation and to refund the total amount to the BUYER within 14 days.

9.6. The BUYER agrees, declares, and undertakes to confirm this contract electronically for the delivery of the product. If the product's payment is not made or is canceled in bank records for any reason, the SELLER’s obligation to deliver the product will terminate.

9.7. If, after the delivery of the product to the BUYER or the person and/or organization specified by the BUYER, the BUYER's credit card is used fraudulently by unauthorized persons, and the product price is not paid to the SELLER by the relevant bank or financial institution, the BUYER agrees, declares, and undertakes to return the product to the SELLER within 3 days, with the shipping costs to be borne by the SELLER.

9.8. If the SELLER is unable to deliver the product within the specified time due to force majeure events beyond the control of the parties, unforeseen events that prevent or delay the performance of obligations, the SELLER agrees, declares, and undertakes to inform the BUYER of the situation. The BUYER has the right to request the cancellation of the order, replacement of the product with a similar one if available, and/or postponement of the delivery until the hindrance is removed. If the order is canceled by the BUYER, the amount paid in cash will be refunded within 14 days. For payments made by credit card, the amount will be refunded to the relevant bank within 14 days after the cancellation of the order. The BUYER acknowledges that the process for the refund to reflect in their account may take 2 to 3 weeks, and that any delays are due to the bank’s process and the SELLER is not responsible for them.

9.9. The SELLER has the right to contact the BUYER using the address, email address, landline and mobile phone numbers, and other communication details provided by the BUYER in the site registration form or updated later for communication, marketing, notifications, and other purposes. By accepting this contract, the BUYER acknowledges and agrees that the SELLER may engage in the aforementioned communication activities.

9.10. The BUYER agrees to inspect the product/service before accepting delivery. The BUYER will not accept delivery of damaged or defective products/services, such as those with dents, cracks, or torn packaging, from the courier. The product/service will be deemed accepted as undamaged and intact. The BUYER is responsible for the careful preservation of the product/service after delivery. If the right of withdrawal is exercised, the product/service should not be used, and the invoice should be returned.

9.11. If the credit card holder used during the order is not the same as the BUYER or if a security breach is detected concerning the credit card used before the delivery of the product to the BUYER, the SELLER may request the BUYER to provide identity and contact information of the credit card holder, a recent statement of the credit card, or a letter from the bank confirming the card’s ownership. The order will be suspended until the requested information/documents are provided, and if the requests are not met within 24 hours, the SELLER reserves the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information provided during registration on the SELLER's website is accurate, and that they will compensate the SELLER immediately and in full for any damages incurred due to inaccuracies in this information upon the SELLER's first notification.

9.13. The BUYER agrees and undertakes to comply with the legal regulations while using the SELLER's website and not to violate them. Otherwise, all legal and penal responsibilities arising will be entirely and solely the BUYER's responsibility.

9.14. The BUYER may not use the SELLER’s website in any manner that disrupts public order, violates general morality, disturbs or harasses others, is illegal, or infringes on the material and moral rights of others. Additionally, the BUYER may not engage in activities that prevent or hinder the use of services by others (e.g., spam, viruses, trojans).

9.15. The SELLER’s website may contain links to other websites or content not controlled by the SELLER or operated by third parties. These links are provided for the convenience of the BUYER and do not imply endorsement or guarantee of the content on the linked websites.

9.16. A member who violates one or more of the clauses in this agreement will be personally liable for any criminal or legal consequences resulting from the violation, and the SELLER will be held harmless from these consequences. Moreover, if the violation leads to legal action, the SELLER reserves the right to seek compensation from the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. The BUYER has the right to withdraw from the contract without any legal or penal liability and without providing any reason, by rejecting the product within 14 (fourteen) days from the date of delivery to themselves or to the person/organization indicated by them, provided that they notify the SELLER. In contracts related to the provision of services, this period starts from the date of signing the contract. If the performance of the service has started with the BUYER's approval before the end of the right of withdrawal period, the right of withdrawal cannot be used for service contracts. Costs arising from the use of the right of withdrawal are borne by the SELLER. By accepting this contract, the BUYER acknowledges that they have been informed about the right of withdrawal.

10.2. To use the right of withdrawal, written notification must be made to the SELLER within 14 (fourteen) days via registered mail, fax, or email, and the product must not have been used as per the "Products for which the Right of Withdrawal Cannot Be Used" provisions in this contract. In the event of exercising this right: a) The invoice of the product delivered to a third party or the BUYER must be provided. (If the invoice for the product to be returned is issued to an institution, it must be returned with the return invoice issued by the institution. Returns for orders issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.) b) The return form must be filled out. c) The returned products must be delivered with their original box, packaging, and any standard accessories, complete and undamaged. d) The SELLER is obliged to refund the total amount and any documents obligating the BUYER within 10 days from the receipt of the withdrawal notice and to accept the returned product within 20 days. e) If there is a decrease in the value of the product due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for the damage proportionate to the fault. However, the BUYER is not responsible for changes and damages arising from the proper use of the product within the withdrawal period. f) If the use of the right of withdrawal causes the SELLER to fall below the campaign limit amount set by a promotion, the discount amount obtained through the campaign will be canceled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

The right of withdrawal cannot be used for the following products:

Products prepared according to the BUYER's request or clearly personal needs, which are not suitable for return.
Underwear, swimsuits and bikini bottoms, cosmetics, makeup products, disposable items, perishable goods or goods with an imminent expiration date, products which have been opened by the BUYER after delivery, products that are unsuitable for return due to health and hygiene reasons, products mixed with other products after delivery or those that cannot be separated due to their nature.
Goods related to periodicals such as newspapers and magazines, except for those provided under subscription agreements.
Services performed immediately in electronic form or intangible goods delivered instantly to the consumer, such as audio or video recordings, books, digital content, software programs, data recording and storage devices, computer consumables, and packaging opened by the BUYER.
Additionally, the right of withdrawal cannot be used for services initiated with the consumer’s consent before the end of the withdrawal period.

Cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) must be unopened, untried, undamaged, and unused to be eligible for return.

12. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on payments made by credit card, they agree, declare, and undertake to pay interest to the cardholder bank according to the credit card agreement and be responsible to the bank. In such a case, the bank may pursue legal remedies, claim costs and attorney fees from the BUYER, and in any case of default due to the BUYER's debt, the BUYER agrees, declares, and undertakes to compensate the SELLER for any damage and loss incurred due to the delayed fulfillment of the debt.

13. AUTHORIZED COURT

In disputes arising from this contract, complaints and objections will be submitted to the consumer arbitration committee or consumer court located at the consumer's place of residence or where the consumer transaction took place, within the monetary limits specified in the law below. Information about the monetary limits is as follows:

Effective from 28/05/2014: a) For disputes valued under 2,000.00 (two thousand) TL, the district consumer arbitration committees will be the competent authority. b) For disputes valued under 3,000.00 (three thousand) TL, the provincial consumer arbitration committees will be the competent authority. c) In metropolitan municipalities, for disputes valued between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, the provincial consumer arbitration committees will be the competent authority.

This contract is made for commercial purposes.

14. ENFORCEMENT

The BUYER will be considered to have accepted all the terms of this contract upon completing the payment for the order placed through the Site. The SELLER is obliged to make the necessary software adjustments to ensure that the BUYER has read and accepted this contract before the order is processed.

SELLER: Moontia e-Ticaret Limited Şirketi
BUYER:
DATE: