1. PARTIES

This Distant Sales Agreement (hereinafter referred to as the “Agreement”) is signed between the parties specified below and in the terms and conditions agreed below.

  1. SELLER

Title

: MOR CHILDREN’S PRODUCTS E-COMMERCE LIMITED COMPANY

Address

: Tarabya Mah. Yeni Camlık Evleri Küme Evler No: 24 N-1 Iç Kapı No: 1 Sarıyer/ISTANBUL

Phone

: 08502417460

Fax

:

MERSIS No

:

E-mail

:

BUYER

Name-Surname

:

…………

TC Identity Number

:

…………

Address

:

…………

Phone

:

…………

E-mail

:

The Buyer declares that they have read and understood the basic characteristics of the Product subject to the Agreement, shipping, VAT, total sales price including any additional charges, and payment method along with the preliminary information regarding delivery on the Site and gives consent to the electronic sale of the Product. The Buyer confirms that by confirming the Preliminary Information Form electronically, they have fully and accurately obtained the information that should be given to them by the Seller before the conclusion of this Agreement, such as the basic characteristics of the Products, the title and contact information of the Seller, the sales price of the Products including taxes in Turkish Lira, payment and delivery information, conditions, duration, method, and expected carrier for exercising the right of withdrawal, the contact address for the withdrawal notification, cases where the right of withdrawal cannot be used and will be lost, and the legal remedies that can be resorted to in case of a dispute.

The Products subject to the Agreement shall be delivered to the Buyer or the person/entity specified by the Buyer within the period specified within the preliminary information provided on the Site, depending on the distance of the Buyer’s place of residence, provided that it does not exceed the legal 30-day period and after the Buyer has made the payment. This period should be evaluated separately for each Product ordered. However, special delivery conditions for some products are provided on the product detail page of the website. The Buyer reads these conditions before purchasing the product, and by placing an order, the Buyer is deemed to have accepted the relevant delivery conditions.

The Product/products will be shipped to the Buyer address provided by the Seller’s designated logistics company specified in clause 1.2. Any change in the shipping address and its notification to the Seller at least 2 business days before the commencement of the product shipment is the responsibility of the Buyer.

Horizontal-vertical transportation of the product/products at the delivery address is provided by the Seller to the extent of its possibilities.

The shipping fee specified in this Agreement shall be paid by the Buyer.

The Seller shall not be held responsible for any problems encountered by the shipping company in delivering the Products to the Buyer or for the inability to deliver the ordered Product to the Buyer’s stated address due to the absence of the Buyer or the person/entity stated by the Buyer.

If the Buyer is not present at the delivery address specified in this Agreement, the Buyer shall be responsible for the additional shipping cost incurred due to the re-shipment of the Products. If the Products are to be delivered to a person/entity other than the Buyer, the name/title of the person/entity to be delivered shall be explicitly and in writing by the Buyer, and the Seller shall not be held responsible for the non-acceptance of delivery by the person/entity or the inability to deliver due to the absence of the person/entity at the address specified by the Buyer. The Buyer shall be responsible for any additional cost incurred due to the re-shipment of the Products because the person/entity specified in this Agreement did not take delivery or because the Buyer did not appear at the specified address. If the Buyer cancels the order made before the delivery of the product by the Seller to the cargo, the Buyer is responsible for the shipping cost.

If the Buyer accepts a damaged or defective Product without inspecting it before delivery by the shipping company, such as damaged, broken, torn packaging, etc., the responsibility lies entirely with the Buyer. The Product received by the Buyer from the shipping company personnel will be deemed undamaged and intact. The responsibility for the Product and damages shall be borne by the Buyer after the delivery.

The Seller is responsible for delivering the Products subject to the Agreement intact, complete, in accordance with the specified qualifications in the order, and with any warranty documents and user manuals if available.

Before the fulfillment of the obligation arising from the Agreement expires, the Seller may provide the Buyer with information about an alternative product of equal quality and price by informing the Buyer.

For any situation requiring a malfunction in the Products, the Seller provides the Buyer with the information of the authorized service and appointment details.

If the Seller is unable to fulfill its obligations under the Agreement due to the impossibility of delivery of the Products to the Buyer, the Seller is obliged to notify the Buyer within 3 (three) days following the learning of this situation and return all amounts collected from the Buyer within 14 (fourteen) days at the latest.

The Seller is responsible for returning all payments collected from the Buyer, including the delivery charges, if any, within 14 (fourteen) days at the latest from the date of receipt of the withdrawal notification.

The Buyer is responsible for returning the Product to the Seller within 10 (ten) days from the date of the withdrawal notification, and the delivery fee, if any, belongs to the Buyer.

The Buyer must use the right of withdrawal within the legal 14-day period from the date the Product is delivered to the Buyer or the person/entity at the address indicated by the Buyer.

If the Product is to be returned, it must be delivered to the Seller without any use and in its original packaging, together with the invoice, if any. If the invoice of the Product is a corporate invoice, it should be sent to the Seller with the return invoice issued by the Buyer when returning the Product.

The Buyer’s right of withdrawal is invalid in the cases specified in the Regulation on Distance Contracts and the other cases stipulated in the legislation.

The Seller is responsible for returning all payments collected from the Buyer, including the delivery charges, if any, within 14 (fourteen) days at the latest from the date of receipt of the withdrawal notification. However, the Seller may defer the refund until it receives the Product or until the Buyer presents proof that the Product has been returned, whichever comes first.

The Seller shall be entitled to deduct an amount proportional to the decrease in the value of the Product or to demand the Buyer to indemnify from the Buyer if the original product is damaged due to the fault of the Buyer or if the package of the Product is opened, the Product cannot be returned, and the right of withdrawal cannot be used.

The Seller is obliged to make a refund to the credit card account of the Buyer within 10 (ten) days following the receipt of the withdrawal notification in case the Product is purchased by credit card.

The Buyer is responsible for returning the Product to the Seller within 10 (ten) days from the date of the withdrawal notification, and the delivery fee, if any, belongs to the Buyer.

In case the right of withdrawal is exercised after the Product is delivered to the person/entity at the address indicated by the Buyer, if the original of the invoice is to be sent to the Buyer, the cargo fee belongs to the Buyer.

The Buyer shall not use the Product within the scope of the right of withdrawal. If the Product is used, the Buyer is deemed to have lost the right of withdrawal.

The Seller may not unilaterally modify the terms of the Agreement concluded with the Buyer, except for the cases specified in this Agreement, and cannot request the change of the provisions of this Agreement unilaterally.

In case the Buyer wishes to exercise the right of withdrawal, the shipping fee shall be borne by the Buyer.

If the Buyer fails to return the Product due to the reasons arising from the Buyer, the Buyer shall be responsible for any depreciation in the value of the Product or if the return becomes impossible, the Buyer is responsible for compensating the Seller.

If the right of withdrawal is exercised, the Product must be delivered complete and undamaged to the Seller. Otherwise, the return may not be accepted, and the amount will not be refunded.

All rights of the Buyer regarding the right of withdrawal are preserved within the scope of the provisions of the relevant legislation.

The Buyer’s right of withdrawal is invalid in the cases specified in the Regulation on Distance Contracts and the other cases stipulated in the legislation.

For the return process, the Buyer must contact the Seller’s call center or send an e-mail to the Seller’s e-mail address.

For the return process, the Buyer must send the filled-out Preliminary Information Form found in the return section of the website or the sample withdrawal form to the Seller’s e-mail address or fax number.

The buyer must keep the original packaging of the Product to be returned. The return of the Product will not be accepted if the original packaging is damaged.

The Buyer is responsible for the decrease in the value of the Product due to the fault of the Buyer or the loss of the Product. In this case, the Buyer’s refund request will not be accepted.

The Product to be returned must be delivered to the Seller complete and undamaged together with the invoice, if any, and the return form.

If the right of withdrawal is exercised after the Product is delivered to the person/entity at the address indicated by the Buyer, the shipping fee belongs to the Buyer.

The Buyer may use the right of withdrawal by refusing to accept the Product at the time of delivery of the Product.

  1. PRODUCT

3.1. PRODUCT NAME AND TYPE: [insert product name and type] 3.2. QUANTITY: [insert quantity] 3.3. UNIT PRICE: [insert unit price] 3.4. TOTAL PRICE (including VAT): [insert total price] 3.5. PAYMENT METHOD: [insert payment method]

  1. ADDRESSES OF PARTIES FOR NOTICE AND CORRESPONDENCE

4.1. SELLER: Tarabya Mah. Yeni Camlık Evleri Küme Evler No: 24 N-1 Iç Kapı No: 1 Sarıyer/ISTANBUL 4.2. BUYER: [insert buyer’s address]

  1. PRODUCT DELIVERY ADDRESS: [insert delivery address]
  2. DELIVERY DATE: [insert delivery date]
  3. PAYMENT DETAILS

7.1. TOTAL SALES PRICE (including VAT): [insert total sales price] 7.2. DELIVERY FEE: [insert delivery fee, if any] 7.3. TOTAL AMOUNT TO BE PAID: [insert total amount to be paid] 7.4. PAYMENT METHOD: [insert payment method]

  1. CANCELLATION AND RETURN POLICY

8.1. The Buyer has the right to cancel this Agreement within 14 days without giving any reason. 8.2. The cancellation period will expire after 14 days from the day on which the Buyer acquires, or a third party other than the carrier and indicated by the Buyer acquires, physical possession of the goods. 8.3. To exercise the right of cancellation, the Buyer must inform the Seller of their decision to cancel this Agreement by a clear statement (e.g., a letter sent by post, fax, or e-mail). 8.4. The Buyer may use the attached model cancellation form, but it is not obligatory. 8.5. To meet the cancellation deadline, it is sufficient for the Buyer to send their communication concerning their exercise of the right of cancellation before the cancellation period has expired. 8.6. If the Buyer cancels this Agreement, the Seller will reimburse all payments received from the Buyer, including the costs of delivery (except for the supplementary costs arising if the Buyer chose a type of delivery other than the least expensive type of standard delivery offered by the Seller). 8.7. The Seller will make the reimbursement without undue delay and not later than 14 days after the day on which the Seller is informed about the Buyer’s decision to cancel this Agreement. 8.8. The Seller will make the reimbursement using the same means of payment as the Buyer used for the initial transaction unless the Buyer has expressly agreed otherwise; in any event, the Buyer will not incur any fees as a result of the reimbursement. 8.9. The Seller may withhold reimbursement until the Seller has received the goods back or the Buyer has supplied evidence of having sent back the goods, whichever is the earliest. 8.10. The Buyer shall send back the goods or hand them over to the Seller without undue delay and in any event not later than 14 days from the day on which the Buyer communicates their withdrawal from this Agreement to the Seller. 8.11. The deadline is met if the Buyer sends back the goods before the period of 14 days has expired. 8.12. The Buyer will have to bear the direct cost of returning the goods. 8.13. The Buyer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. 8.14. In case of exercising the right to cancel, the Buyer must return the goods in their original condition and original packaging, without any undue delay and in any event not later than 14 days from the day on which the Buyer communicated their cancellation from this Agreement to the Seller. 8.15. If the goods are returned incomplete, damaged, or used, the Seller reserves the right to refuse the return. 8.16. The Buyer will not have the right to cancel this Agreement in the cases specified in the Regulation on Distance Contracts and other cases stipulated in the legislation. 8.17. The Buyer may not use the goods under the right to cancel this Agreement. If the goods are used, the Buyer loses their right to cancel this Agreement. 8.18. For the return process, the Buyer must contact the Seller’s call center or send an e-mail to the Seller’s e-mail address. 8.19. For the return process, the Buyer must send the filled-out Preliminary Information Form found in the return section of the website or the sample withdrawal form to the Seller’s e-mail address or fax number. 8.20. The Buyer must keep the original packaging of the goods to be returned. The return of the goods will not be accepted if the original packaging is damaged. 8.21. The Buyer is responsible for the decrease in the value of the goods due to the fault of the Buyer or the loss of the goods. In this case, the Buyer’s refund request will not be accepted. 8.22. If the Buyer fails to return the goods due to the reasons arising from the Buyer, the Buyer shall be responsible for any depreciation in the value of the goods or if the return becomes impossible, the Buyer is responsible for compensating the Seller. 8.23. The Buyer may use the right of cancellation by refusing to accept the goods at the time of delivery of the goods.

  1. MISCELLANEOUS

9.1. The Seller may not unilaterally modify the terms of the Agreement concluded with the Buyer, except for the cases specified in this Agreement, and cannot request the change of the provisions of this Agreement unilaterally.

9.2. All rights of the Buyer regarding the right to cancel this Agreement are preserved within the scope of the provisions of the relevant legislation.

9.3. In case the Buyer wishes to exercise the right to cancel, the shipping fee shall be borne by the Buyer.

9.4. If the right to cancel is exercised, the goods must be delivered complete and undamaged to the Seller. Otherwise, the return may not be accepted, and the amount will not be refunded.

9.5. The provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts shall apply to this Agreement.

9.6. The competent courts and enforcement offices in the Seller’s place of residence are authorized in the implementation of this Agreement.

  1. NOTICES

Any notices under this Agreement shall be in writing and shall be deemed to have been duly given if delivered personally or sent by pre-paid registered post or e-mail to the respective addresses of the parties as set out above, or to such other address as either party may from time to time notify in writing to the other party.

The receipt of such notices shall be evidenced in the case of personal delivery by a written acknowledgment of receipt, in the case of pre-paid registered post by a valid proof of delivery, and in the case of e-mail by a confirmation of delivery from the recipient.

In Witness Whereof, the Parties hereto have executed this Agreement as of the date and year first above written.

For and on behalf of the SELLER

[Signature] [Name] [Title/Position] [Date]

For and on behalf of the BUYER

[Signature] [Name] [Title/Position] [Date]

Explanation of the document:

The document provided is a standard agreement form, likely used for e-commerce transactions or distance sales. It outlines the terms and conditions under which a product is sold and how cancellations or returns can be handled. Here’s a breakdown:

  1. Product Information: This section details the product being sold, including its name, type, quantity, unit price, total price (including VAT), and payment method.
  2. Addresses for Notice and Correspondence: Both the seller’s and buyer’s addresses are provided for communication.
  3. Product Delivery Address and Date: The address to which the product will be delivered and the agreed delivery date.
  4. Payment Details: This includes the total sales price, delivery fee (if applicable), total amount to be paid, and payment method.
  5. Cancellation and Return Policy: This is a crucial section outlining the terms under which the buyer can cancel the agreement and return the product. It specifies:
    • The buyer’s right to cancel the agreement within 14 days.
    • How the buyer should notify the seller of the cancellation.
    • The seller’s obligation to refund payments within 14 days of cancellation.
    • Conditions for returning the goods, including the buyer’s responsibility for return shipping.
    • Circumstances where the buyer cannot cancel the agreement.
    • Instructions for initiating the return process.
    • Buyer’s responsibilities regarding the condition of the returned goods.
    • Consequences if the buyer fails to return the goods or return them in a damaged or used condition.
  6. Miscellaneous: Additional terms related to the modification of the agreement, the application of relevant consumer protection laws, and jurisdiction in case of disputes.
  7. Notices: Instructions on how formal notices should be delivered between the parties, including the acknowledgement of receipt.

The document ends with signature lines for both the seller and the buyer, along with their names, titles/positions, and dates. This signature signifies agreement to the terms laid out in the document.