Distance Sales Agreement

 

DISTANCE SALES AGREEMENT PRELIMINARY INFORMATION FORM

By confirming your order for the Product detailed below, you agree to purchase the related Product at the prices and conditions below.

 

SALESPERSON

Title: MOSART JEWELRY AND TRADE CO. LTD.

Address: Alemdar Mah. Çatalçeşme Sok. Muhtar Aykın Han No:19/1 Kat:1 Fatih/İstanbul/Türkiye

Phone:  0543 808 16 67

e-mail: info@mosartpirlanta.com

Contact Information for Complaints: info@mosartpirlanta.com

 

PRODUCT INFORMATION

The type, quantity, brand/model, number, sales price, and payment method of the Product subject to the sale are as follows.

Product Type: [______]

Product description: [_______]

MOQ: [_____]

Sale Price (including VAT and any other expenses): [________]

Shipping fee: [________]

*Shipping fee will be determined according to the product amount. Additional charges may apply as these costs cannot be calculated in advance.

Contracted Cargo Company Information About Withdrawal: [________]

Other Costs to be covered by the Seller: [________]

Payment method: [_____]

Delivery address: [_____]

Delivery Person: [_______]

Billing address: [________]

 

RIGHT OF WITHDRAWAL:

The Buyer has the right to withdraw from the Contract by refusing the Product without taking any legal or criminal responsibility and without giving any reason within fourteen days from the date of receipt of the Product. Upon the Buyer’s declaration to the Seller that they wish to exercise their Right of Withdrawal within the applicable period, they will fill in the Right of Withdrawal sample form attached to this Contract and send it to the Seller by any of the communication methods specified in this Contract. Products to be returned within the scope of the Right of Withdrawal must be returned complete and undamaged, together with its box, packaging, standard accessories, if any, and other products that are given as promotion, if any. In addition, if the Right of Withdrawal will be used, the products to be returned must not be used by the Buyer.

 

If the Buyer sends the Product to be returned to the Seller with the Seller’s contracted cargo company specified in the Preliminary Information Form, the return shipping cost will belong to the Seller. In any other case that the Buyer sends the Product to be returned by a cargo company other than the contracted cargo company of the Seller specified in the Preliminary Information Form, the Seller is not responsible for the return shipping cost and the damages which may occur to the Product during the cargo process. If there is no contracted cargo company branch of the Seller’s contracted cargo company at the location of the Buyer for the return, the Buyer may send it with any cargo company; in this case, the Seller will cover the shipping cost. However, suppose the Buyer purchases from a place other than Turkey, where the Seller’s head office is located, and the Product is delivered to an address outside of Turkey. In that case, the Buyer is solely responsible for any shipping fees (including return) and any customs duty and other administrative expenses that may arise during the process. As specified under this Agreement, the relevant shipping charges (including returns) will be determined according to the total product price. Additional charges may apply as these costs cannot be calculated in advance.

 

The Buyer will not be able to use his Right of Withdrawal in cases where the following goods or services are purchased.

– Products that are specially prepared or designed, modified, added, or removed in line with the Buyer’s wishes or personal needs.

– Products with any changes and/or additions at the Buyer’s request to the original size, weight, or design previously determined by the Seller.

– Items that cannot be resold

– Products prepared with white gold and therefore evaluated within the scope of special orders as mentioned above.

– Products that are custom-made/designed according to personal measurements or other means.

– Products that are not eligible for return in means of health/hygiene of which protective elements such as packaging, tape, seal, and package have been opened after delivery.

The Buyer accepts that the notification regarding the Right of Withdrawal pursuant to the Distance Contracts Regulation is duly made.

 

 

DISTANCE SALES AGREEMENT

ARTICLE 1- PARTIES

SALESPERSON

Title: MOSART JEWELRY AND TRADE CO. LTD.

Address: Alemdar Mah. Çatalçeşme Sok. Muhtar Aykın Han No:19/1 Kat:1 Fatih/İstanbul/Türkiye

Phone:  0543 808 16 67

E-mail: info@mosartpirlanta.com

Contact Information for Complaints: info@mosartpirlanta.com

 

 

ARTICLE 2- DEFINITIONS

In the application and interpretation of this Contract, the following terms shall refer to the written explanations against them:

Ministry: T.C. the Ministry of Commerce,

Law: Law on Consumer Protection No. 6502,

Regulation: The Regulation on Distance Contracts (published in the Official Gazette dated 27 November 2014 and numbered 29188.)

Service: The subject of any consumer activity other than the provision of goods promised to be made in return for a fee or benefit,

Goods/Products: The movable goods subject to shopping,

Seller: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of the related Seller,

Buyer: A natural or legal person who procures, uses, or benefits from a good or service for commercial or non-professional purposes,

Parties: Seller and Buyer,

Contract: Means this very Contract that is concluded between the Seller and the Buyer.

 

 

ARTICLE 3- SUBJECT OF THE AGREEMENT

3.1 This Distance Sales Contract (“Contract”) has been prepared in accordance with the Law on Consumer Protection No. 6502 (“Law”) and the Regulation on Distance Contracts (“Regulation”). The parties of this Contract agree and declare that they are aware of and understand their obligations and responsibilities that will arise from the Law on Consumer Protection and the Regulation on Distance Contracts.

 

3.2. The subject of this Agreement; Sale and delivery of Goods/Services with the qualifications specified in the Contract, in which the Buyer has placed an electronic order for the Seller’s Goods/Services from the Seller’s website with the domain name www.mosartpirlanta.com (“Site”). The Agreement consists of determining the rights and obligations of the parties in accordance with the provisions of the Law and Regulation.

 

 

ARTICLE 4- PRODUCT INFORMATION:

The product; Type, Amount, Brand/Model, Number, Sale Price, and Payment Method are as follows.

Product Type: [______]

Product Description: [_______]

MOQ: [_____]

Selling Price (including VAT and all kinds of expenses): [________]

Shipping fee: [________]

Contracted Cargo Company Information About Withdrawal: [________]

Other Costs to be Covered by the Buyer: [________]

Payment method:

Delivery address: [_____]

Delivery Person: [_______]

Billing address: [________]

 

 

ARTICLE 5 – DELIVERY METHOD

The Contract has entered into force with the Buyer’s approval in the electronic environment and is executed when the Goods/Services purchased by the Buyer from the Seller are delivered to the Buyer. The products subject to the order will be delivered to the address specified in the order form and to the specified authorized person(s) by the Buyer.

 

 

ARTICLE 6 – DELIVERY COSTS AND PERFORMANCE

6.1. Delivery of the goods is made in the committed time depending on the Seller’s stock availability and after the payment is executed. The Seller delivers the Goods/Services within 30 (thirty) days at the latest from the order of the Goods/Services by the Buyer placed not contradicting with the circumstances (including force majeure) in which case the delivery of the Goods/Services subject to the order may become impossible. If the “estimated delivery date” is stated for the products ordered on the website, the Buyer accepts that the delivery date in question is an estimation and hence this statement does not put the Seller under any commitment.

 

6.2. If, for any reason, the Buyer does not pay for the Goods/Services or the payment is canceled in the bank records, the Seller is considered to be relieved of its obligations to deliver the Goods/Services.

 

6.3. The Buyer is responsible for the shipping costs of any order cancellations made by the Buyer after the Seller ships the Product but before it is received by the Buyer.

 

6.4. If the specified authorized person(s) is not available at the address specified by the Buyer at the time of delivery, the Seller shall be considered to have fulfilled its act of delivery in full. If there is no one to receive the ordered Product (s) at the address, it will be the Buyer’s responsibility to contact the cargo company and follow up on the delivery of the Product (s). If the Product (s) is to be delivered to a person other than the Buyer, the Seller cannot be held responsible in the cases that the person to be delivered is not present at the address or not accepting the delivery. In these cases, any damages arising from the late receipt of the Product by the Buyer and the expenses incurred because the Product has been awaited by the cargo company and/or the return of the cargo to the Seller shall be covered by the Buyer.

 

 

ARTICLE 7 – GENERAL PROVISIONS

7.1. The parties to this Contract are the Buyer and the Seller. All obligations and responsibilities regarding the fulfillment of this Contract belong to the parties. This Contract enters into force on the date it is electronically approved by the Buyer.

 

7.2. The Buyer accepts, declares, and confirms that they have read and understood all the information about the conditions of sale and features of the Product subject to the Agreement specified in Article 3, and has given the necessary approval for the purchase of this Product. The Buyer confirms with this Agreement and the Preliminary Information Form electronically submitted that the relevant information on, the basic features of the ordered Goods/Services, the price of the Goods/Services including taxes, payment, and payment is given and confirms that they have obtained all the information accurately and completely required by the relevant legislation, including the delivery terms and price before the conclusion of this Agreement.

 

7.3. Prices and commitments announced on the website of the Seller are valid until they are updated and/or changed. Prices declared for a certain period are valid until the end of the specified period. The Seller reserves the right to change the above the mentioned prices. All rights are reserved in this regard.

 

7.4. Although the cash or installment-based sales price of the Product is declared in the order form, the final price is the price in the information mail sent at the end of the order and in the invoice sent to the customer alongside the Product. The final sales price reflects discounts, coupons, shipping charges, and other applications defined by the Seller. A discount on a Product does not mean that it will also apply to other products.

 

 

7.5. The Seller is responsible for delivering the Ordered Product in complete form and per the qualifications specified in the order. The Buyer is not expected to inspect the Contracted Product before receiving it. In the cases of the Buyer’s acceptance of damaged, broken, torn, and defective packages from the cargo company officer of the delivered Product, the Product delivered will be considered undamaged and intact. The Buyer will bear the sole responsibility for such incidents. All burden of damages that may occur after delivery belongs to the Buyer.

 

7.6. The Seller will make every effort to resolve the Buyer’s complaints regarding the issues arising from this Contract in a reasonable time and manner. The Buyer may direct all kinds of requests and complaints to the Seller by sending a message via the info@mosartpirlanta.com e-mail address.

 

7.7. If the order is canceled by the Buyer for any reason, the payment will be reimbursed in full. The return period for cash payments is 14 days. In cases where the payments are made by the Buyer via credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the Buyer. The Buyer should assume that the average process of reimbursement for payments effected by credit card to the Buyer’s bank account/credit card may take 2 to 3 weeks.

 

7.8. Links to other websites and/or other content not under the Seller’s control and/or owned and/or operated by other third parties may be displayed on the Seller’s website. These links provided are intended for ease of use for the Buyer. They do not mean the Seller provides any reference on any website or person operating the linked site in question. Hence, they do not guarantee the information contained in the linked website.

 

7.9. All sales made through our website are for final consumers, and these sales do not give consumers the legal right to resell these products.

 

7.10. Force Majeure (natural disaster, war, terrorism, strike and lockout, seizure, production, and communication)

Suppose the Seller cannot deliver the Goods/Services in due time due to significant malfunctions of the facilities, state of emergency, regional or global epidemics, etc., or extraordinary circumstances that prevent transportation. In that case, the Seller will notify the Buyer within 3 (three) working days from the date of awareness of the situation. In such cases, the Buyer has the right to demand the cancellation of the order, the replacement of the Product subject to the Contract with its precedent, if any, and/or the postponement of the delivery period until the impediment is removed. During the continuation of the force majeure, the parties will not be liable for failure to fulfill their obligations. If the force majeure situation continues for 30 (thirty) days, each party has the right to terminate the Agreement unilaterally.

 

 

ARTICLE – 8 RIGHTS OF WITHDRAWAL:

8.1. The Buyer has the right to withdraw and cancel the Agreement by rejecting the Product within 14 (fourteen) days from the date of receipt without undertaking any legal or criminal responsibility and without any reason given. Upon the Buyer’s declaration of exercise of his/her Right of Withdrawal within the applicable period, the form of Right of Withdrawal attached to this Contract must be filled and sent to the Seller by any of the communication methods specified in this Contract. Products to be returned under the Right of Withdrawal must be returned complete and undamaged, together with the original box, packaging, standard accessories, and products given as a promotion. In addition, if the Right of Withdrawal is to be used, the products that will be returned must not be used by the Buyer.

 

8.2. In the cases of exercising the Right of Withdrawal, the Buyer returns the Product to the Seller within 10 (ten) days from the use of its Right of Withdrawal. Within 14 (fourteen) days following the exercise of the Right of Withdrawal, the product fee is returned to the Buyer. The original invoice and the Right of Withdrawal form should be included while returning the goods to the Seller. If there is a loss in the value of the goods due to the Buyer’s fault or if the return becomes impossible, the Buyer is obliged to compensate the Seller’s losses at this defect rate. However, the Buyer is not responsible for the changes and deteriorations due to the proper use of the goods or products within the Right of Withdrawal period. In cases of falling below the campaign limit amount set by the Seller due to the exercise of the Right of Withdrawal, the discount amount used within the margins of the campaign will be canceled. With the exercise of the Right of Withdrawal, the Agreements and Contracts of any sort between the Buyer and the Seller are mutually terminated without any obligation of compensation or penal clauses.

 

8.3. As long as the Buyer sends the Product to be returned to the Seller with the Seller’s contracted cargo company specified in the Preliminary Information Form, the return shipping cost will belong to the Seller. In cases the Buyer sends the Product to be returned by a cargo company other than the contracted cargo company of the Seller specified in the Preliminary Information Form, the Seller is not responsible for the return shipping costs and the risks of damage to the Product during the cargo process. If there is no contracted cargo company branch of the Seller at the location of the Buyer for the return, the Buyer may send it with any cargo company, in this case, the shipping cost belongs to the Seller. However, suppose the Buyer purchases from a place other than Turkey, where the Seller’s Head Office is located, and the Product is delivered to an address outside of Turkey. In that case, the Buyer is solely responsible for any shipping fee (including return) and any customs duty and other administrative payments that may arise during this process. As specified under this Agreement, the relevant shipping charges (including returns) will be determined according to the product pricing. Additional charges may apply as the costs cannot be calculated in advance.

 

 

8.4. The Buyer will not be able to use his Right of Withdrawal in cases where the following goods or services are purchased.

– Products that are specially prepared or designed, modified, added, or removed in line with the Buyer’s wishes or personal needs.

– Products with any changes and/or additions at the request of the Buyer to the original size, weight, or design previously determined by the Seller.

– Items that cannot be resold

– Products that are prepared with white gold and therefore evaluated within the scope of special orders as mentioned above.

– Products that are custom-made/designed according to personal measurements or by other means.

– Products that are not eligible for return in means of health/hygiene of which protective elements such as packaging, tape, seal, and package have been opened after delivery.

The Buyer accepts that the notification regarding the Right of Withdrawal pursuant to the Distance Contracts Regulation is duly made.

 

 

ARTICLE – 9 AUTHORIZED COURT:

The Turkish Republic Consumer Rights Arbitration Committees are authorized up to the value announced yearly by the Ministry of Commerce, and Istanbul Central (Çağlayan) Consumer Courts are authorized in disputes over the said value.

 

This Contract has been drawn up on ……….

attachment -1: Screenshot

attachment -2: Example of Right of Withdrawal Form

attachment -3 Right of Withdrawal Form

– To: (Seller’s name, title, address, if any, fax number, and e-mail address will be included.)

With this form, I declare that I have exercised my right to withdraw from the Contract regarding the sale of the following goods or the provision of services.

– Order date or delivery date:

– Goods or services subject to the Right of Withdrawal:

– The cost of the goods or services subject to the Right of Withdrawal:

– Recipient’s name and surname:

– Buyer’s address:

– Buyer’s signature: (Only if sent on paper)

– Date: