Distance Sales Agreement
This contract has been prepared in accordance with the Regulation on the Implementation Procedures and Principles of Distance Contracts, in accordance with the obligation to conclude a contract for sales made over the internet, and the articles are as follows.
ARTICLE 1 - SUBJECT
This Agreement means that the BUYER places an order electronically on the website of the SELLER. regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose qualifications and sales price are specified.
ARTICLE 2 - SELLER INFORMATION
Title: HILAL GULUREN
Address: Şifa Mah. Ekrem Sok. Efe Apt. No:3 C Inner Door No:8 TUZLA/İSTANBUL
Vendor Tax Number: 4160616825 / TUZLA
Email: info@wishandmoon.com
ARTICLE 3 - CONSUMER INFORMATION
Name and surname:
Address:
Phone:
Email:
ARTICLE 4 - BASIC QUALITIES OF THE CONTRACT GOOD OR SERVICE
The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are published on the website of the SELLER.
Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed.
The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description - Quantity - Unit Price - Subtotal (VAT Included)
Shipping Amount
Total :
PAYMENT AND DELIVERY TERMS
Total product price excluding shipping:
Shipping cost:
Total product price including shipping and all taxes:
Payment method:
Number of Installments:
Maturity Difference Received:
Interest rate used in the interest rate calculation:
Additional cost to be paid by the Buyer:
Delivery address:
Delivery Person:
ARTICLE 5 - GENERAL PROVISIONS
The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of the SELLER and that he is informed and gives the necessary confirmation in the electronic environment. of the BUYER; It accepts, declares and undertakes that it has obtained the Preliminary Information in electronic environment, the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. .
Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, with the information and documents required for the job, and to perform the work in accordance with the standards, in a sound manner, free from all kinds of defects, in accordance with the principles of honesty and integrity. It accepts, declares and undertakes to act with caution and foresight, to protect and increase the quality of service, to show the necessary care and attention during the performance of the work.
The SELLER accepts, declares and undertakes that if it becomes impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation, and will return the total price to the BUYER within 14 days.
The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and if the contract product price is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the contractual product will end.
After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER's credit card by unauthorized persons, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution. It accepts, declares and undertakes that it will return it to the SELLER within 3 days at the SELLER's expense.
The SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated later by him, via letter, e-mail, SMS, phone call and other means, communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal regulations and not to violate them when using the website of the SELLER. Otherwise, all legal and penal liabilities to arise will bind the BUYER completely and exclusively.
Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be given over the website of the SELLER. These links have been placed for the purpose of facilitating the redirection of the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Also; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
ARTICLE 6 - SHIPMENT AND DELIVERY
Shipment:
With the sending of your order confirmation e-mail, the products are given to the courier company that we have a contract with.
Delivery:
The products will be delivered to the address you specify with the courier company we have contracted with. The delivery time by our company to the shipping company is 7 (seven) working days at the latest after the order confirmation e-mail is sent. The products are sent to the regions where the shipping companies do not deliver to the address by telephone notice.
In regions where the shipping company delivers once a week, there may be a delay in the specified day in cases such as inaccuracies or deficiencies in the shipping information, some social events and natural disasters. If the product is to be delivered to a person/organization other than the consumer, the seller cannot be held responsible for the extra shipping costs that may arise from the person/organization not accepting the delivery, inaccuracy in the shipping information and/or the consumer's absence.
In order to avoid delivery problems, you are kindly requested to fill in the shipping information completely and completely and be at the delivery address.
If you want to reach the shipping company, you can call the call center or get support from the web address.
In case of damaged package;
Damaged packages should not be received and a report should be made to the shipping company representative. If the representative of the shipping company thinks that the package is not damaged, the consumer has the right to open the package there and have the products checked that the products were delivered undamaged and to request that the situation be determined with a report. After the package is received by the consumer, it is accepted that the shipping company has fully fulfilled its duty. If the package is not accepted and a report is kept, the situation should be reported to our customer service as soon as possible with the copy of the report remaining with the consumer. Our customer service will take immediate action to resolve the issue.
ARTICLE 7 - RIGHT OF WITHDRAWAL
The consumer has the right to withdraw within (14) days from the delivery of the product subject to the contract to himself or to the person or organization at the address indicated. In order to exercise the right of withdrawal, our company must be notified by fax, e-mail or telephone within this period and the product must not be used within the framework of the provisions of the relevant article. In case this right is exercised, it is obligatory to return the original invoice and the copy of the shipping delivery report indicating that the product delivered to the third party or the consumer has been sent to our company. The product price is returned to the consumer within 15 days following the receipt of these documents. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned. The shipping cost of the product returned due to the right of withdrawal is borne by the BUYER.
The right of withdrawal cannot be used for products that cannot be returned due to their nature, disposable products, software and programs that can be copied, products that deteriorate quickly or whose expiration date has passed. In order for the right of withdrawal to be exercised, the packaging of the product must be unopened, intact and the product must not be used.
ARTICLE 8 - CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
The Buyer accepts, declares and undertakes that he/she knows that he/she cannot use the right of withdrawal in the following cases:
Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
Contracts for goods prepared in line with the consumer's wishes or personal needs.
Contracts for the delivery of perishable or expired goods.
From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
Contracts for books, digital content and computer consumables offered in material environment if protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription contract.
Contracts for accommodation, transportation, car rental, food and beverage supply, and leisure time for entertainment or recreation, which must be made on a certain date or period.
Contracts for services performed instantly in the electronic environment or for intangible goods delivered instantly to the consumer.
Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
ARTICLE - 9 BUYER'S STATEMENTS AND COMMITMENTS
The Buyer assumes the OBLIGATION OF PAYMENT by the fact that he has read and learned the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method, as well as the delivery and cargo cost of the goods or services that are the subject of the Contract on the Site, gives the necessary confirmation in the electronic environment and confirms the order on the site. accepts, declares and undertakes that he/she is aware that he/she is under it.
By confirming this Agreement and the Preliminary Information Form electronically, the Buyer shall provide the address to be given by the Seller to the Buyer before the conclusion of the distance contracts, the basic features of the ordered good or service, the price of the good or service including taxes, payment and delivery and delivery price information. confirms that it has been obtained correctly and completely.
If the relevant bank or financial institution fails to pay the price of the goods or services to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons after the delivery of the goods or services, provided that the Buyer has delivered the goods. or return the service to the Seller within 3 (three) days. In this case, the delivery expenses belong to the Buyer.
If the contractual goods or services are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery.
ARTICLE - 10 STATEMENTS AND COMMITMENTS OF THE SELLER
The Seller is responsible for the delivery of the goods or services subject to the Contract to the Buyer in a sound, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
The Seller may supply a different product of equal quality and price to the Buyer before the expiry of the contractual performance obligation, provided that it is based on a just cause and informs the Buyer and receives its express consent.
ARTICLE - 11 CASE OF DEFERRED AND LEGAL CONSEQUENCES
In the event that the Buyer defaults on his credit card transactions, the cardholder will be liable to the bank within the framework of the credit card agreement that the bank has made with him. In this case, the relevant bank may take legal action and demand the costs and attorney's fees from the Buyer. In case of default of the Buyer under any circumstances, the Buyer shall be responsible for any loss or damage suffered by the Seller.
ARTICLE - 12 INTELLECTUAL PROPERTY
The Buyer is responsible for the special design techniques, texture, pattern, design, drawing, design elements (icon, button, etc.), styles, gradient and solid color tones used in the designs of the products produced by the Seller, and all kinds of graphic designs, illustrations, drawings, designs and works. accepts and declares that all the rights arising from the Law on Intellectual and Artistic Works (FSEK) of the items used in the design and all products offered for sale on the Site belong to the Seller.
Regarding all kinds of information and content on the Site and their arrangement, revision and partial/complete use; Except for those belonging to other third parties according to the Seller's agreement; All intellectual and industrial rights and property rights belong to the Seller. All, part of the product/products purchased by the buyer and/or any information, software or service obtained from the product cannot be changed, copied, distributed, reproduced, published, subject to derivative works, transferred or sold. The Buyer hereby agrees and undertakes that he/she will not use the product he/she has purchased for illegal purposes and/or in these prohibited ways. Otherwise, all legal and penal liability that may arise belongs to the Buyer, and the Seller reserves the right to claim all kinds of compensation and other claims arising from such unauthorized use against all claims and demands that may be brought against the Seller by third parties or authorized authorities.
ARTICLE - 13 RESOLUTION OF DISPUTES
In case of disputes regarding the contract, applications for disputes can be made to the Arbitration Committees for Consumer Problems in the place where the Buyer purchased the product or where he resides, up to the value announced by the Ministry of Customs and Trade every year, and to the Consumer Courts in case of disputes above the said value.
ARTICLE - 14 ENFORCEMENT
This Agreement has been concluded and entered into force by being approved electronically by the Buyer on the date of […]. Transactions made through the site are considered as binding declarations of intent, pursuant to the Turkish Code of Obligations, consumer legislation and other applicable legislation.
The text of this Agreement will be sent via e-mail to the e-mail address provided by the Seller immediately after its approval and will be kept by the Seller for a period of 3 (three) years.