DISTANCE SALES CONTRACT
Article 1 - Parties
1.1. Seller
Name : SAGA OPTICS (MOODOP)
Address: Kozyatagi District Gulbahar Street PS Plaza No:17/44 Kadıköy/Istanbul
Email: info@sagaoptik.com
1.2. Buyer
Name – surname/TR ID No.
Address
Telephone
Article 2- Subject
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the SELLER's website www.moodop.com.
The Buyer accepts and declares that he/she has been informed by the Seller in a clear, understandable and internet-friendly manner regarding the name, title, full address, telephone and other access information of the Seller, the basic characteristics of the goods subject to sale, the sales price including taxes, the payment method, delivery conditions and expenses, etc., all preliminary information regarding the goods subject to sale, the use of the right of "withdrawal" and how to use this right, the official authorities to whom they can submit their complaints and objections, etc., that he/she has confirmed this preliminary information electronically and subsequently ordered the goods, in accordance with the provisions of this contract.
The preliminary information on the www.moodop.com website and the invoice issued upon the order placed by the Buyer are integral parts of this contract.
The buyer accepts and declares that he/she has been informed by the seller in a clear, understandable and internet-friendly manner about the seller's name, title, full address, telephone and other contact information, basic characteristics of the goods for sale, sales price including taxes, payment method, delivery conditions and expenses, etc., all preliminary information about the goods for sale, the use of the right of "withdrawal" and how to use this right, official authorities to whom he/she can submit his/her complaints and objections, etc., and that he/she has confirmed this preliminary information electronically and subsequently ordered the goods, in accordance with the provisions of this contract.
The preliminary information on the website www.moodop.com and the invoice issued upon the order placed by the buyer are integral parts of this contract.
Article 3 - Contractual Product/Payment/Delivery Information
The type and kind of product/products purchased electronically, quantity, brand/model, sales price, payment method, person to receive, delivery address, invoice information, and shipping fee are as stated below. The person to be invoiced and the person making the contract must be the same. The information below must be accurate and complete. The buyer accepts to fully cover any damages that may arise from situations where this information is incorrect or incomplete, and the buyer also accepts all kinds of liability that may arise from this situation.
The SELLER reserves the right to stop the order when it deems necessary and when the information provided by the BUYER does not match the truth. In cases where the SELLER detects a problem in the order, if the BUYER cannot reach the BUYER through the phone, e-mail and mail addresses provided by the BUYER, it freezes the execution of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue within this period. If no response is received from the BUYER within this period, the SELLER cancels the order in order to prevent damage to both parties.
Purchased Product/Products
Name, code: … pieces
Total Sales Price: …. -
Payment Method: Credit Card/Bank Transfer
Delivery Person:
Phone Number:
Delivery Address:
Invoice Person/Institution:
Invoice Address:
Tax Office:
Tax Registration Number:
Shipping Fee: … -
Article 4 - Contract Date and Force Majeure
The contract date is ../../…., which is the date on which the order is placed by the buyer.
Situations that do not exist or are not foreseen at the time the contract is signed, that develop beyond the control of the parties, and that make it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities undertaken under the contract or to fulfill them on time, will be considered force majeure (natural disaster, war, terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party in whose person the force majeure occurs will notify the other party of the situation immediately and in writing.
During the continuation of force majeure, the parties will not be held liable for any failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
Article 5 - Rights and Obligations of the Seller
5.1. The seller accepts and undertakes to fully perform the obligations assigned to it in the contract, except for force majeure, in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts.
5.2. Persons under the age of 18 (eighteen) cannot shop on the www.moodop.com domain name / website. The seller will assume that the age specified by the buyer in the contract is correct. However, the seller will not be held responsible in any way for the buyer writing their age incorrectly.
5.2. www.moodop.com is not responsible for price errors that occur due to system errors. Accordingly, the seller is not responsible for advertising or pricing errors that may occur due to interventions on the system, design or illegal means on the website. The buyer cannot claim rights from the seller based on system errors.
5.3. Shopping can be done on www.moodop.com by credit card (Visa, MasterCard , etc.) or bank transfer. Orders that are not transferred within one week from the date of order will be cancelled. The time the orders are taken into process is not the time the order is given, but the time when the necessary collection from the credit card account is made or when the transfer reaches the bank accounts. Payment methods such as paid shipment or postal checks that are made without consultation with customer services will not be accepted.
Article 6 - Rights and Obligations of the Buyer
6.1. The Buyer accepts and undertakes to fully perform the obligations assigned to it in the contract except for force majeure reasons.
6.2. The Buyer accepts and undertakes that by placing an order, it is deemed to have accepted the terms of the business contract and will make the payment in accordance with the payment method specified in the contract.
6.3. The Buyer accepts and declares that it has received clear, understandable and internet-friendly information on the seller's name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and expenses, etc., all preliminary information regarding the goods subject to sale, the use of the right of "withdrawal" and how to use this right, official authorities to whom they can submit their complaints and objections, etc. from the www.moodop.com website, and that it has confirmed this preliminary information electronically.
6.4. In accordance with the previous article, the Buyer declares that he/she has read and is informed about the www.moodop.com order/payment/usage procedure information, which includes the product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings, and that he/she has given the necessary confirmation electronically.
6.5. In case the Buyer wishes to return the product he/she purchased, he/she accepts and undertakes not to damage the product and its packaging in any way, and to return the original invoice and delivery note at the time of return.
Article 7 - Order/Payment Procedure
Order
After the TL amount of the products added to the shopping cart including VAT (total installment amounts in installment transactions) is approved by the buyer, it is processed via the POS of the relevant bank card. Therefore, before the orders are shipped, an order confirmation e-mail is sent to the customer. Shipment is not made without the Order Confirmation e-mail.
Any disruption in the process or problems that may arise regarding the credit card are notified to the buyer by using one or more of the phone/fax/e-mail methods specified in the contract. If necessary, the buyer may be asked to contact his/her bank. The time the orders are processed is not the time the order is given, but the time when the necessary collection from the credit card account is made or when it is determined that the transfer has reached the seller's accounts.
Exceptionally, if it is understood that the goods subject to the contract cannot be supplied for a justified reason and/or a stock problem is encountered, the buyer may be sent another good of equal quality and price if he/she is informed immediately in a clear and understandable manner and gives his/her approval, or in line with the buyer's desire and choice; another new product may be sent, the product may be expected to be in stock or the other obstacle preventing delivery may be eliminated and/or the order may be canceled.
In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract, the buyer will be informed of this situation, the total amount paid and any documents that put him/her in debt will be returned to him/her within ten days at the latest and the contract will be canceled. In such a case, the buyer will not have any additional material or moral damage claims from the seller.
Payment
www.moodop.com offers cash transfer order options to buyers who do not want to use their credit card information on the internet. In payment by transfer, the buyer can choose the most suitable bank for him/her and make the transfer. If the payment has been made, the date of transfer to the account will be taken into account. When making the transfer, the “Sender Information” must be the same as the Invoice Information and the order number must be written.
If the relevant bank or financial institution does not pay the product price to the Seller due to the unfair or illegal use of the Buyer's credit card by unauthorized persons for reasons not caused by the Buyer's fault after the delivery of the product, the Buyer is required to send the product delivered to him to the Seller within 10 days. In such cases, the shipping costs belong to the Buyer. If the Buyer has preferred to pay by credit card, the BUYER accepts, declares and undertakes that he will separately confirm the relevant interest rates and default interest information from his bank, and that the provisions regarding interest and default interest will be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER in accordance with the provisions of the legislation in force.
Article 8 - Shipping/Delivery Procedure
Shipping
With the sending of the order confirmation e-mail, the product/products are delivered to the courier company that the seller has an agreement with.
Delivery
The product/products will be delivered to the buyer's address with the courier company that the seller has an agreement with. The delivery period is 30 days from the sending of the order confirmation e-mail and the establishment of the contract. This period can be extended by a maximum of ten days, provided that the buyer is notified in advance in writing or via a continuous data carrier.
The products are sent to regions where courier companies do not deliver to addresses with a telephone notification.
In regions where the courier company delivers once a week, in cases of inaccuracies and deficiencies in the shipping information, in cases such as some social events and natural disasters, there may be a delay in the specified day period. The buyer cannot impose any liability on the seller due to these delays. If the product is to be delivered to a person/organization other than the Buyer, the seller is not responsible for any extra shipping costs that may arise from the person/organization to whom the delivery will be made not accepting the delivery, the incorrect shipping information and/or the Buyer not being at the location. If the product/products have not reached the customer within the specified days, delivery problems should be reported to customer services immediately using the e-mail address info@sagaoptik.com.
In case of damaged packages; Damaged packages should not be accepted and a report should be prepared by the Cargo Company official. If the Cargo Company official is of the opinion that the package is not damaged, the buyer has the right to open the package there, check that the products were delivered without damage and request that the situation be recorded in a report. Once the package is received by the Buyer, it is accepted that the Cargo Company has done its job properly. If the package is not accepted and a report is prepared, the situation should be reported to the seller Customer Services as soon as possible, together with the copy of the report that remains with the Buyer.
Article 9 - Procedure for Product Return and Right of Withdrawal
The buyer has the right to withdraw from the contract within fourteen days after receiving the goods without giving any reason and without paying any penalty. In order for the return transactions to be carried out in accordance with the general circular of the tax procedure law numbered 385, the buyer must fill in the return sections at the bottom of the 2 invoices belonging to the seller delivered with the goods completely and correctly, sign them and send one copy to the seller together with the product and keep the other copy in his/her possession. The right of withdrawal period starts from the day the goods are delivered to the buyer. The return shipping cost of the returned product or products must be covered by the buyer.
The right of withdrawal does not apply to goods prepared in line with the buyer's requests and/or clearly his/her personal needs.
If the buyer exercises his/her right of withdrawal, the seller will return the total price he/she has received and any documents, if any, that put the consumer in debt, without charging any cost to the consumer, within ten days at the latest from the receipt of the invoice containing the notice of withdrawal together with the product.
The decrease in the value of the received goods or the existence of a reason that makes return impossible does not prevent the right of withdrawal from being exercised. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the seller must compensate the seller for the value of the goods or the decrease in its value.
The general return period for each product received by mistake is 14 days. During this period, the return of products whose packaging has been opened, used, damaged, etc. will not be accepted. The return must be made with the original packaging.
In cases where any opening, deterioration, breakage, damage, tearing, use, or other situations are detected in the product and its packaging received by mistake and if the product cannot be returned in the same condition as when it was delivered to the buyer, the product will not be accepted for return and the price will not be refunded.
For product return, the situation must be communicated to customer services first. The information that the product will be sent as a return is communicated to the customer by the seller. After this meeting, the product must be delivered to the seller via the Cargo company that delivers the product to the buyer's address, together with the invoice containing the information about the return. If the returned product reaches the seller and meets the conditions specified in this contract, it is accepted as a return and the refund is made to the buyer's credit card/account. No refund is made before the product is returned. The period during which refunds made to the credit card are reflected in credit card accounts is at the discretion of the relevant bank.
If the shopping is made with a credit card and in installments, the refund procedure to the credit card will be applied as follows: The Bank makes the refund to the buyer in installments, depending on how many installments the buyer requested to purchase the product. After the seller pays the bank the entire product price in one go, in the event that the installment expenses made from the Bank POS are refunded to the buyer's credit card, the requested refund amounts are transferred to the holder accounts by the Bank in installments so that the parties involved in the matter do not suffer. The installment amounts paid by the buyer until the cancellation of the sale, if the refund date does not coincide with the card's account closing dates, will be reflected on the card as 1 (one) refund each month and the buyer will receive the installments paid before the refund for an additional month after the installments of the sale are completed, for the number of installments paid before the refund, and will be deducted from their current debts.
In the event of a return of goods and services purchased with the card, the seller cannot make a cash payment to the buyer in accordance with the contract it has made with the Bank. The member business, that is, the seller, will make the refund through the relevant software in case of a return transaction, and since the member business, that is, the seller, is obliged to pay the relevant amount to the Bank in cash or as a deduction, payment cannot be made to the buyer in cash in accordance with the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the procedure above after the buyer pays the amount to the Bank in a single payment.
Article 10 - Warranty
Products that are used and cleaned in accordance with the instructions for use are guaranteed for 2 years against any manufacturing defects under the conditions specified below: The seller's warranty liability is only valid for consumers who fall within the scope of Law No. 4077. The provisions of the Turkish Commercial Code shall apply for commercial transactions.
Article 11 - Confidentiality
The information provided by the buyer to the seller for the purpose of making payment with the information specified in this contract will not be shared by the seller with third parties.
The seller may only disclose this information within the framework of the existence of an administrative/legal obligation. If the seller has the information requested from him/her within the scope of any legal investigation with documented investigative capacity, he/she may provide it to the relevant authority.
Credit Card information is never stored, Credit Card information is only used to obtain authorization by securely transmitting it to the relevant banks during the collection process and is deleted from the system after authorization.
Information such as the buyer's e-mail address, mailing address and telephone number are only used by the seller for standard product delivery and information procedures. In some periods, campaign information, information about new products, and promotional information may be sent to the buyer after approval.
Article 12 - Competent Courts and Enforcement Offices in Case of Dispute
In case of dispute arising from the implementation of this contract, Consumer Arbitration Committees and Consumer Courts at the Seller's place of residence are authorized up to the value declared by the Ministry of Industry and Trade every December.
If the order is placed, the Buyer is deemed to have accepted all the terms of this contract. …/…/…