DISTANCE SALES AGREEMENT
- PARTIES
This Agreement has been signed between the following parties under the terms and conditions set forth below.
- BUYER; (hereinafter referred to as "Buyer" in the contract)
Name – Surname: Customer name
Address: Customer address
Telephone: Customer phone
Email: Customer Email Address
- The seller (hereinafter referred to as "Seller" in the contract)
Company Name: Moleuniform - Mehmet Ali Gödekmerdan
Address: Çamlıca Mahallesi, Doğanşehir Sokak, No: 33/a, Tepebaşı/Eskişehir
Phone: +90 (530) 542 66 53
Email: info@moleuniform.com
By accepting this agreement, the Buyer acknowledges that if they confirm the order, they will be obligated to pay the price of the order and any additional fees such as shipping costs and taxes, and that they have been informed of this obligation.
- DEFINITIONS
In the application and interpretation of this agreement, the terms listed below shall have the meanings given in writing opposite them.
Website: www.moleuniform.com
Contract: Distance Selling Contract
Law: Law No. 6502 on Consumer Protection,
Regulation: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
Service: Any consumer transaction other than the provision of goods, performed or promised to be performed in exchange for a fee or benefit.
Seller: A company that offers goods to a consumer within the scope of its commercial or professional activities, or that acts on behalf of or for the account of a supplier of goods.
Buyer: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes.
Ordering Party: The natural or legal person who requests a good or service through the Seller's website.
Parties: Seller and Buyer together,
- SUBJECT AND SCOPE OF THE AGREEMENT
This Distance Sales Agreement (“Agreement”) has been drawn up in accordance with Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts. The parties to this Agreement acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts under this Agreement. The subject of this Agreement is the sale and delivery of the Goods/Services with the characteristics specified in the Agreement, which the Buyer electronically orders from the Seller's website [www.moleuniform.com] or, if applicable, its mobile application (“Platform”), and the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
- DELIVERY INFORMATION FOR THE RECIPIENT
Person to whom the delivery will be made:
Delivery Address:
Telephone:
Email:
- ESSENTIAL CHARACTERISTICS AND PRICE OF THE GOODS AND SERVICES SUBJECT TO THE AGREEMENT
5.1. The basic characteristics of the products offered on the Website and, if any, any additional processes/services to be applied to the product (type, quantity, model, color, number, and for additional services, availability of leg shape option, availability of embroidery option, availability of leg length option) are shared by the Seller on the relevant website.
5.2. The prices offered on the Website are the sales prices of the products and, if applicable, any additional services applied to the products. In this context, the product and, if applicable, additional service prices declared by the Seller through the relevant website remain valid until updated and/or changed.
5.3. The prices of products offered on the Website and, if applicable, any additional services applied to the products, may change periodically at the Seller's discretion as a result of various campaigns. In such a case, the prices of the products and, if applicable, the additional services included in the campaign will become invalid upon the termination of the relevant campaign.
5.4. The sales price, including all taxes, of the product(s) and any additional services applicable to the product(s) covered by this Agreement and this Form is shown in the table below.
|
Product/Service Name |
Piece |
Installment |
Total Amount |
|
Product |
|
|
|
|
Custom Embroidery Service |
|
|
|
|
Custom Leg Length Adjustment Service |
|
|
|
|
VAT |
|
|
|
|
Shipping Fee |
|
|
|
|
TOTAL |
|
|
|
Payment Method/Plan:
Delivery Address:
Billing Information:
Order Date:
- GENERAL PROVISIONS
6.1. The Buyer acknowledges, declares, and undertakes that they have read and are aware of the essential characteristics of the product, the sales price, the payment method, and preliminary information regarding delivery on the Seller's Website, and that they have provided the necessary confirmation electronically. The Buyer's electronic confirmation of the Preliminary Information Form also implies that, prior to the conclusion of the distance sales contract, the Buyer has received accurate and complete information from the Seller regarding the address, the essential characteristics of the ordered products, the price of the products including taxes, and payment and delivery information.
6.2. Each product subject to this contract will be delivered to the Buyer or the person and/or entity at the address indicated by the Buyer within the timeframe specified in the preliminary information section of the website, depending on the distance to the Buyer's place of residence, provided that this period does not exceed the legal limit of 30 days. If the product cannot be delivered to the Buyer or the other person and/or entity at the address indicated by the Buyer within this period, the Buyer reserves the right to terminate the contract.
6.3. The seller accepts, declares, and undertakes to deliver the product subject to this contract completely, in accordance with the specifications stated in the order, and with any warranty documents and user manuals, free from any defects, in compliance with legal regulations, in accordance with standards, with the necessary information and documents, to perform the work with accuracy and honesty, to maintain and improve the quality of service, to exercise the necessary care and diligence during the performance of the work, and to act with caution and foresight.
6.4. The Seller may supply a different product of equal quality and price by informing the Buyer and obtaining their explicit consent before the expiration of the performance obligation arising from this contract.
6.5. If the Seller is unable to fulfill its contractual obligations due to the impossibility of delivering the ordered product or service, it acknowledges, declares, and undertakes that it will notify the consumer in writing within 3 days of learning of this situation and will refund the total amount to the Buyer within 14 days.
6.6. The Buyer (the person to whom the product subject to this Agreement will be delivered) shall receive the product by signing the delivery document and shall check that the products are complete and in good condition upon delivery. The Buyer is obliged to immediately notify the Seller of any problems or defects he/she finds and, if accepting delivery, to have this noted on the delivery form. The Seller shall not be held liable in any way for situations arising from failure to comply with these regulations.
6.7. The Buyer confirms electronically that they have read the Preliminary Information Form and this Distance Sales Agreement for the delivery of the product subject to the contract, and accepts, declares, and undertakes that if the price of the product subject to the contract is not paid for any reason and/or is canceled in the bank records, the Seller's obligation to deliver the product subject to the contract will cease.
6.8. The Buyer acknowledges, declares, and undertakes that if, after delivery of the product subject to this Agreement to the Buyer or to the person and/or entity at the address indicated by the Buyer, the price of the product subject to this Agreement is not paid to the Seller by the relevant bank or financial institution as a result of the unauthorized and wrongful use of the Buyer's credit card by unauthorized persons, the Buyer will return the product subject to this Agreement to the Seller within 3 days, with the shipping costs borne by the Seller.
6.9. As stated in Article 8, paragraph b, titled "Cases Where the Right of Withdrawal Cannot Be Exercised" of this Agreement: The right of withdrawal is limited to "contracts relating to goods prepared according to the consumer's requests or personal needs." Therefore, if the product ordered by the Buyer includes optional customizations made at their own request (e.g., request for a special trouser length, request for name and/or name-surname embroidery on the product, etc.), the right of withdrawal cannot be exercised.
6.10. The Seller acknowledges, declares, and undertakes that if it is unable to deliver the product within the stipulated time due to force majeure events, such as unforeseen circumstances beyond the control of the parties that prevent and/or delay the fulfillment of their obligations, it will notify the Buyer of the situation. The Buyer also has the right to request the Seller to cancel the order, replace the product with an equivalent if available, and/or postpone the delivery until the hindering situation is resolved. In case of order cancellation by the Buyer, for cash payments, the product amount will be refunded in full within 14 days. For payments made by credit card, the product amount will be returned to the relevant bank within 14 days after the order is canceled by the Buyer. The Buyer acknowledges, declares, and undertakes that the average process for the amount refunded to the credit card by the Seller to be reflected in the Buyer's account by the bank may take 2 to 3 weeks, and that the reflection of this amount in the Buyer's account after its return to the bank is entirely related to the bank's processing time; therefore, the Buyer cannot hold the Seller responsible for any possible delays.
6.11. The Seller has the right to contact the Buyer via letter, email, SMS, telephone call and other means for communication, marketing, notification and other purposes, using the address, email address, landline and mobile phone numbers and other contact information provided by the Buyer in the site registration form or subsequently updated by the Buyer. By accepting this agreement, the Buyer acknowledges and declares that the Seller may engage in the aforementioned communication activities directed towards them.
6.12. The Buyer declares and undertakes that the personal and other information provided while registering on the Seller's website is accurate and that the Buyer will immediately, in cash and in full, compensate the Seller for all damages that the Seller may suffer due to the inaccuracy of this information, upon the Seller's first notification.
6.13. The Buyer hereby agrees and undertakes to comply with and not violate the provisions of legal regulations while using the Seller's website. Otherwise, all legal and criminal liabilities arising therefrom shall be entirely and exclusively binding on the Buyer.
6.14. The Buyer may not use the Seller's website in any way that disrupts public order, violates general morality, disturbs or harasses others, for an illegal purpose, or infringes upon the material or moral rights of others. Furthermore, members may not engage in activities that prevent or hinder others from using the services (spam, viruses, Trojan horses, etc.).
6.15. The website may contain links to other websites and/or content that are not under the control of the Seller and/or are owned and/or operated by other third parties. These links are provided for the convenience of the Buyer and do not constitute an endorsement of any website or the person operating that website, nor do they provide any guarantee regarding the information contained on the linked website.
6.16. In case of returns, exchanges, or other situations, the shipping and other transportation costs for delivering the product to the Seller will be borne by the Buyer (54.60 Turkish Lira per package). Return and exchange requests will be processed via Sürat Kargo.
- RIGHT OF WITHDRAWAL
7.1. In distance contracts relating to the sale of goods, the Buyer may exercise the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the product to himself or to the person/entity at the address indicated, provided that he notifies the Seller, without incurring any legal or criminal liability and without giving any reason. In distance contracts relating to the provision of services, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the expiration of the withdrawal period. The costs arising from the exercise of the right of withdrawal shall be borne by the Seller. By accepting this contract, the Buyer acknowledges that he/she has been informed about the right of withdrawal.
7.2. To exercise the right of withdrawal, a written notification must be sent to the Seller by registered mail, fax or e-mail within 14 (fourteen) days, and the product must be unused in accordance with the "Products for which the Right of Withdrawal Cannot Be Exercised" provisions stipulated in this agreement. If this right is exercised;
7.2.1. The invoice for the product delivered to the Buyer. (If the invoice for the product to be returned is issued to a company, it must be sent together with the return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
7.2.2. Products to be returned must be delivered complete and undamaged, including the box, packaging, and any standard accessories.
7.2.3. The Seller is obligated to return the total amount and any documents obligating the Buyer to debt within a maximum of 10 days from the date of receipt of the cancellation notice, and to retrieve the goods within 20 days.
7.2.4. If the value of the goods decreases or return becomes impossible due to a fault of the Buyer, the Buyer is obliged to compensate the Seller for the damages in proportion to the Buyer's fault. However, the Buyer is not responsible for changes and deteriorations caused by the proper use of the goods or product within the withdrawal period.
7.2.5. If, due to the exercise of the right of withdrawal, the amount falls below the campaign limit set by the Seller, the discount amount received under the campaign will be cancelled.
- CIRCUMSTANCES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Unless otherwise agreed by the parties, the Consumer (Buyer) shall not be able to exercise the right of withdrawal if one or more of the following conditions exist:
- a) Contracts for goods or services whose price varies depending on fluctuations in financial markets and is beyond the control of the seller or supplier.
- (b) Contracts relating to goods prepared according to the consumer's wishes or personal needs.
- c) Contracts for the delivery of perishable goods or goods that may expire.
c) Contracts relating to the delivery of goods whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery, and whose return is not suitable for health and hygiene reasons.
- d) Contracts relating to goods that, after delivery, are mixed with other products and are by their nature impossible to separate.
- e) Contracts relating to books, digital content, computer consumables, data recording and data storage devices presented in a physical medium, if the protective elements such as packaging, tape, seal, or wrapping have been opened after delivery of the goods.
- f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
- g) Contracts relating to accommodation, goods transport, car rental, food and beverage supply, and leisure activities for entertainment or recreation, to be performed on a specific date or during a specific period.
(g) Contracts relating to services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer.
- h) Contracts relating to services that have begun to be performed with the consumer's consent before the expiration of the withdrawal period.
Cosmetics and personal care products, underwear, swimwear, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery supplies (toner, cartridges, ribbons, etc.) must be returned in their original unopened, untried, undamaged, and unused condition.
- DISPUTE RESOLUTION
The Buyer may express complaints and objections regarding the consumer relationship established between them and the Seller, up to the value declared by the Ministry of Industry and Trade, by applying to the Consumer Arbitration Boards and Consumer Courts in the place where they purchased the goods or services and where they reside. In accordance with the lower and upper limits specified in Article 68, paragraph 1 of Law No. 6502 on the Protection of Consumers, district/provincial consumer arbitration boards are authorized to handle consumer claims.
- DEFAULT AND ITS LEGAL CONSEQUENCES
If the Buyer defaults on transactions made with a credit card, the Buyer will be liable to pay interest and be responsible to the card-issuing bank in accordance with the credit card agreement between the Buyer and the bank. In this case, the relevant bank may resort to legal action; it may demand the resulting costs and attorney fees from the Buyer, and in any case, if the Buyer defaults on their debt, the Buyer will be responsible for any loss and damage incurred by the Seller due to the delayed performance of the Buyer's debt.
- EVIDENCE AGREEMENT
The Buyer acknowledges, declares, and undertakes that in any disputes arising from this Agreement, the Seller's official ledgers and commercial records, as well as the electronic information and computer records kept in its database and servers, shall constitute binding, conclusive, and exclusive evidence, and that this clause constitutes an evidentiary agreement within the meaning of Article 193 of the Code of Civil Procedure.
- FORCE
This Agreement, consisting of 12 (twelve) articles, was concluded and entered into force on .../.../20... by the Buyer's electronic confirmation.
SELLER BUYER
