DISTANCE SALES CONTRACT
ARTICLE 1 - PARTIES
This Agreement has been signed between the following parties under the terms and conditions set out below.
1.1 SELLER
Trade Name: MOONCORN TEXTILE PRODUCTS INDUSTRY AND TRADE LIMITED COMPANY
Address: Çayırova Neighborhood, Yavuz Sultan Selim Street, No: 19, Interior Door No: 2, Çayırova, Kocaeli
Phone: +908503093057
E-mail Address: [email protected]
1.2 BUYER
Name/Surname/Title: -
Address: -
Telephone : -
Email Address: -
ARTICLE 2 - DEFINITIONS
In the application and interpretation of this agreement, the terms written below will refer to the written explanations opposite them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Consumer Protection Law No. 6502,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit.
SELLER: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or on behalf of those offering goods.
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes.
SITE: The website of the SELLER, ORDERER: A natural or legal person who requests a product or service through the website of the SELLER,
PARTIES: SELLER and BUYER, CONTRACT: This contract concluded between SELLER and BUYER,
GOODS: It refers to the movable goods subject to shopping and software, sound, images and similar intangible goods prepared for use in electronic environment.
ARTICLE 3 - SUBJECT
This Agreement governs the rights and obligations of the parties pursuant to the provisions of Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the specifications and sales price of which are specified below, which the BUYER ordered electronically through the SELLER's website. This Distance Sales Agreement has been drawn up in accordance with Consumer Protection Law No. 6502 and the Distance Contracts Regulation. The parties acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from Consumer Protection Law No. 6502 and the Distance Contracts Regulation pursuant to this Agreement.
ARTICLE 4 - GENERAL PROVISIONS
4.1- The basic characteristics of the good/product(s) (type, quantity, brand/model, color, number) are published on the SELLER's website. If the Seller has organized a campaign, you can review the basic characteristics of the relevant product during the campaign period. The campaign is valid until the specified date.
4.2 - Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.
4.3- The sales price of the goods or services subject to the contract, including all taxes, is shown below.
History: ..-..-....
Product Name
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Number Total Amount
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VAT
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Grand Total
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BILLING INFORMATION
Payment Method:
Delivery Address:
Person to be Delivered:
Billing Address:
Shipping Fee:
ARTICLE 5 - DELIVERY METHOD
5.1 - The Agreement shall enter into force upon electronic confirmation by the Buyer. The Agreement shall be executed upon delivery to the Buyer of the Goods purchased from the Seller. The Goods shall be delivered to the address and authorized person(s) specified by the Buyer.
5.2- If the BUYER (delivery recipient) is not present when the order is delivered, delivery can be made to a person who can deliver the order to the BUYER, whose name and signature are obtained. Information about the recipient of the order is sent to the sender (BUYER) via SMS and email. Deliveries to public and private institutions are made in accordance with the institutions' own delivery procedures.
ARTICLE 6 - DECLARATIONS AND COMMITMENTS OF THE BUYER
6.1- The BUYER accepts, declares and undertakes that he/she has received, read and is informed of the preliminary information regarding the basic characteristics of the products, the sales price including all taxes, the payment method, delivery and right of withdrawal and terms of use and has given the necessary confirmations and approvals for sales in electronic environment.
6.2- The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the price of the product subject to the Agreement is not paid for any reason and/or is cancelled in the bank records, the SELLER's obligation to deliver the product subject to the Agreement will be terminated.
6.3 - The BUYER must inspect the goods subject to the contract before accepting them; they will not accept damaged or defective goods (such as those with crushed, broken, torn packaging, etc.) from the cargo company. The goods received will be deemed undamaged and intact. The BUYER is responsible for the careful preservation of the goods after delivery. If the right of withdrawal is to be exercised, the goods must not be used. The invoice must be returned.
6.4- If the BUYER and the credit card holder used during the order are not the same person, or if a security breach is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, a statement from the previous month for the credit card used in the order, or a letter from the card holder's bank confirming that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents. If the aforementioned requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
6.5- The BUYER declares and undertakes that the personal and other information provided by the BUYER while registering on the SELLER's website is true and correct, and that he will compensate the SELLER for any damages that may be incurred due to the inaccuracy of this information, immediately, in cash and at once upon the first notification of the SELLER.
6.6- The BUYER accepts and undertakes to comply with and not violate the provisions of the legislation when using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will be fully and exclusively binding on the BUYER.
6.7- BUYER may not use SELLER's website in any way that disrupts public order, violates public morality, disturbs or harasss others, for any illegal purpose, or infringes on the material or moral rights of others. Furthermore, members may not engage in any activity (spam, viruses, Trojan horses, etc.) that prevents or obstructs others from using the services.
6.8- If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the product is to be delivered does not accept the delivery.
ARTICLE 7 - DECLARATIONS AND COMMITMENTS OF THE SELLER
7.1 - Each product subject to this contract will be delivered to the BUYER or the person and/or organization at the address specified by the BUYER within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's residence, not exceeding the legal period of 30 days. If the SELLER violates this obligation, the BUYER may terminate this contract. In the event of termination of this contract, the SELLER must reimburse the BUYER for all payments received, including any delivery costs, along with legal interest determined under relevant legislation, within 14 (fourteen) days from the date of receipt of the termination notice. If applicable, the SELLER must return all valuable papers and similar documents that encumber the consumer's debt.
7.2- If the SELLER is unable to fulfill its contractual obligations due to the impossibility of fulfilling the ordered product or service, it acknowledges, declares, and undertakes to notify the BUYER in writing and via permanent data storage within 3 days of learning of the situation, and to refund the total price, including delivery costs, to the BUYER within 14 days. The fact that the goods are not available in stock cannot be considered as impossibility of fulfilling the goods purchase.
7.3- SELLER is responsible for any loss or damage that may occur until the goods are delivered to the BUYER or a third party designated by the BUYER other than the carrier. If the BUYER is transported by a carrier other than the carrier designated by the SELLER, the SELLER is not responsible for any loss or damage that may occur after the goods are delivered to the relevant carrier.
7.4- SELLER accepts, declares and undertakes to deliver the product subject to the contract in full, in accordance with the specifications specified in the order and with warranty documents, user manuals, if any, and the necessary information and documents for the job; to perform the job in accordance with the standards and in accordance with the principles of honesty and integrity, free from all defects and in accordance with the requirements of the legal legislation; to maintain and improve the service quality; to show the necessary attention and care during the performance of the job and to act with caution and foresight.
7.5-The SELLER may supply a different product of equal quality and price, provided that it has a justified reason and by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.
7.6- If the SELLER is unable to deliver the contract product within the specified time due to force majeure events that occur beyond the parties' control, are unforeseen, and prevent and/or delay the fulfillment of the parties' obligations, the SELLER accepts, declares, and undertakes to notify the BUYER of the situation. The BUYER also has the right to request that the order be canceled, the contract product be replaced with a comparable product, if any, and/or the delivery time be postponed until the preventing situation is resolved. In the event of cancellation of the order by the BUYER, for payments made by cash, the price of the product will be paid to the BUYER in cash and in a lump sum within 14 days. For payments made by credit card, the price of the product will be refunded to the relevant bank within 14 days of the BUYER's cancellation of the order. BUYER accepts, 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 up to 2 to 3 weeks, and since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
7.7 - The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via letters, emails, SMS, phone calls, and other means, using the address, email address, landline and mobile telephone lines, and other contact information specified 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.
7.8- Links may be provided on the SELLER's website to other websites and/or other content that are not under the SELLER's control and/or owned and/or operated by third parties. These links are provided for the BUYER's convenience and do not endorse any website or its operator, and do not constitute any guarantee regarding the information contained on the linked website.
7.9 - Any member who violates one or more of the provisions of this agreement shall be personally and legally liable for such violation and shall hold the SELLER harmless from any legal or criminal consequences arising from such violation. Furthermore, should the incident be brought before the courts due to such violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
ARTICLE 8-
RIGHT OF WITHDRAWAL In accordance with the relevant provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation;
8.1- In distance contracts for the sale of goods, the BUYER has the right to withdraw from the contract without giving any reason and without paying any penalty within 14 (fourteen) days from the date of receipt of the goods. However, the BUYER may also exercise the right of withdrawal from the execution of this Contract until the delivery of the goods. It is sufficient for the BUYER to receive notification of the exercise of the right of withdrawal in writing or via permanent data storage to the SELLER within this period. Furthermore, to exercise the right of withdrawal, the BUYER must submit the product invoice along with the product to the courier company.
8.2- In determining the period of the right of withdrawal;
a) For goods that are subject to a single order and delivered separately, the day the consumer or a third party designated by the consumer receives the last good,
b) For goods consisting of more than one piece, the day the consumer or a third party designated by the consumer receives the last piece,
c) In contracts where the goods are delivered regularly for a certain period of time, the day on which the consumer or a third party determined by the consumer receives the first good is taken into account.
8.3- If the BUYER exercises his right of withdrawal, the SELLER is obliged to return the total price received and any valuable papers or similar documents that put the BUYER in debt, within 14 (fourteen) days at the latest from the date of receipt of the notice of withdrawal, without imposing any cost on the consumer.
8.4 - If the BUYER exercises their right of withdrawal and returns the goods via the carrier specified by the SELLER in the preliminary information, the BUYER will not be held responsible for the cost of the return. If the SELLER does not specify a carrier for the return in the preliminary information, no return costs will be charged to the BUYER. If the carrier specified in the preliminary information does not have a branch in the BUYER's location, the SELLER is obligated to ensure that the returned goods are collected from the consumer without any additional charge.
8.5- The BUYER must return the goods to the seller within 10 (ten) days from the date on which the consumer notifies the seller that he has exercised his right of withdrawal, unless the seller offers to take the goods back.
8.6- The BUYER shall not be responsible for any changes or deteriorations that occur if he/she uses the product in accordance with its operation, technical specifications and usage instructions.
8.7- Consumer's right of withdrawal;
a) Goods prepared in line with the consumer's wishes or personal needs,
b) Delivery of goods that can spoil quickly or whose expiration date may be expired,
c) Goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery; and those whose return is not suitable for health and hygiene reasons,
d) Goods that are mixed with other products after delivery and cannot be separated due to their nature,
e) Books, digital content and computer consumables presented in physical form, if protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods,
f) Delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement,
g) Evaluation of the free time for accommodation, goods transportation, car rental, food and beverage supply and entertainment or rest, which must be done on a specific date or period,
h) Services performed instantly in electronic environment or intangible goods delivered instantly to the consumer,
i) Services that have started to be performed with the consumer's approval before the expiration of the right of withdrawal period, and
j) It does not apply to contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider.
ARTICLE 9 - DEFAULT AND ITS LEGAL CONSEQUENCES
BUYER acknowledges, declares, and undertakes that if payment is made by credit card and the BUYER goes into default, the BUYER will pay interest and be liable to the bank pursuant to the credit card agreement between the cardholder and the bank. In such a case, the relevant bank may take legal action and claim any resulting expenses and attorney fees from the BUYER. In any case, if the BUYER defaults on a debt, the BUYER acknowledges, declares, and undertakes to compensate the SELLER for any losses and damages incurred by the BUYER due to the delayed payment of the debt.
ARTICLE 10 - RESOLUTION OF DISPUTES
In case of any disputes arising from this contract, the consumer problems arbitration committee and the consumer court at the place where the consumer is located or where the consumer transaction is made are authorized, within the monetary limits specified in the following law.
ARTICLE 11 - ENFORCEMENT
This Agreement governs the rights and obligations of the parties in accordance with the provisions of Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the specifications and sales price of which are specified below, which the BUYER ordered electronically through the SELLER's website. The Distance Selling Agreement in question has been drawn up in accordance with Consumer Protection Law No. 6502 and the Distance Contracts Regulation. The parties acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from Consumer Protection Law No. 6502 and the Distance Contracts Regulation pursuant to this Agreement. This agreement, consisting of 11 (eleven) articles, has been read by the parties and has been concluded and entered into force on the date of electronic approval received by the Buyer.
SELLER MOONCORN
BUYER Name/Surname: MOONCORN
History ../../...
PROTECTION OF PERSONAL DATA
Information Regarding the Protection of Personal Data; At MOONCORN, we attach great importance to the processing and preservation of your personal data in accordance with Personal Data Protection Law No. 6698 ("Law"). We would like to inform our customers about our purposes and methods for collecting, processing, and transferring personal data, as well as your rights arising from the Law.
1. Methods of collecting personal data
As MOONCORN, in our capacity as data controller, within the framework of our legal obligations arising from the legislation, we collect your personal data verbally, in writing or electronically through the website, social media channels, mobile applications and similar means for the purposes of enabling you to benefit from the services of our brands, informing you about our campaigns with your consent, recording your suggestions and complaints, creating better service standards for you, and determining and implementing MOONCORN commercial and business strategies.
2. Processing of personal data and purposes of processing
As MOONCORN, acting as the data controller, through our call centers, written communication channels, social media pages, mobile communication channels, in-store communication channels and/or any other channels including but not limited to these; your personal and/or sensitive personal data that we obtain with your consent may be obtained, recorded, kept, stored, changed, updated, periodically checked, rearranged, classified, kept for the period required for the purpose for which they are processed or stipulated in the relevant law, and in case of actual legal or service-related requirements, it may be shared/transferred to private-legal entities with which MOONCORN works or public institutions and organizations for which it is legally obliged and/or relevant third-party natural persons/legal entities residing in Turkey or abroad, and it may be transferred abroad in case of actual legal or service-related requirements. We would like to inform you that we may process your personal data for purposes such as enabling MOONCORN customers to benefit from the services of our brands, informing you about our campaigns with your approval, recording your suggestions and complaints, creating better service standards for you, determining and implementing MOONCORN commercial and business strategies, and in any case in accordance with the Personal Data Protection Law No. 6698 and the relevant legislation.
3. Transfer of Personal Data
MOONCORN may only share your personal data in question with our group companies, business partners, customers with whom we have agreements and serve due to our activities, suppliers, audit companies, or public institutions or organizations authorized to request such data due to a legal obligation, including but not limited to other relevant authorities, for the purposes of conducting Company activities, ensuring the business relationship between data owners and our customers and/or conducting negotiations for this purpose, providing services, opportunities and facilities, and improving service quality, domestically, based on your explicit consent or in accordance with the security and confidentiality principles specified in the Law, and abroad, provided that the necessary security measures are taken. 4. The Rights of Personal Data Owners Listed in Article 11 of the Personal Data Protection Law ("Law") MOONCORN will respond to the following requests of the relevant persons:
a) To learn whether MOONCORN processes personal data about them and which personal data it processes,
b) Obtaining information regarding the purposes of the processing activity,
c) Knowing the third parties to whom MOONCORN transfers personal data, either domestically or abroad,
d) To request correction of personal data in case it is processed incompletely or incorrectly,
e) Request the deletion or destruction of personal data in accordance with the law,
f) In case of a request for correction, deletion or destruction of personal data, to request that the actions taken be notified to third parties to whom personal data has been transferred,
g) To object to the emergence of a result to the detriment of the person himself/herself by analyzing the processed data exclusively through automated systems, and
h) Receiving a copy of your personal data. You can contact us with your comments and questions.
Title: MOONCORN TEXTILE PRODUCTS INDUSTRY AND TRADE LIMITED COMPANY
Address: Çayırova Neighborhood, Yavuz Sultan Selim Street, No: 19, Interior Door No: 2, Çayırova, Kocaeli
E-mail Address: [email protected]
Privacy and Security
MOONCORN requests certain personal information (name, age, interests, email address, etc.) to better serve its customers. This information, collected on MOONCORN's servers, is used solely within MOONCORN for periodic campaigns, the design of special promotional activities for customer profiles, and customer "categorization" efforts to prevent the transmission of unsolicited emails. MOONCORN does not share the information collected from membership forms with third parties without the knowledge or instruction of the member in question, nor does it use or sell it for any commercial purpose other than its operations. Customer information may only be disclosed to official authorities if requested by official authorities and in cases where it is required to disclose this information to official authorities pursuant to applicable mandatory legislation. All information entered by the customer into the system can only be accessed and changed by the customer. It is not possible for anyone else to access or change this information. Your credit card information requested on the payment page is not stored on the servers of MOONCORN or the companies that serve it, in order to maximize the security of our valued customers who shop on the site. In this way, all payment transactions are made between the bank and your computer via the MOONCORN interface.
Use of Cookies
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MOONCORN
Address: Çayırova Neighborhood, Yavuz Sultan Selim Street, No: 19, Interior Door No: 2, Çayırova, Kocaeli
Phone: +908503093057