DISTANCE SALES AGREEMENT

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ARTICLE 1 – PARTIES

SELLER

Trade Name: Özlem Erol / Moyy Atölye
Address: Çamlık Apartmanı No:18/27 Konaklar Mahallesi, Çamlıhemşin / Rize, Türkiye
E-mail: info@moyyatolye.com

BUYER

Name – Surname:
Address:
Phone:
E-mail:

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ARTICLE 2 – SUBJECT AND SCOPE OF THE AGREEMENT

This Distance Sales Agreement (“Agreement”) has been prepared in accordance with the Law on the Protection of Consumers and the Regulation on Distance Contracts. The parties to this Agreement acknowledge and declare that they are aware of and understand their rights and obligations arising from the Law on the Protection of Consumers and the Regulation on Distance Contracts.

The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the goods/services with the characteristics specified in the Agreement, which the Buyer ordered electronically through the website www.moyyatolye.com or other domain names associated with the service (“Website”), belonging to Özlem Erol / Moyy Atölye.

The conclusion of this Agreement shall not prevent the fulfillment of the provisions of the website membership agreements separately concluded between the parties and Özlem Erol / Moyy Atölye. The parties acknowledge and declare that Özlem Erol / Moyy Atölye is not a party to the sale of the products subject to this Agreement and has no responsibility or commitment regarding the fulfillment of the obligations of the parties within the scope of this Agreement.

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ARTICLE 3 – BASIC CHARACTERISTICS AND PRICE OF THE GOODS

The type, kind, quantity, brand/model, color, sales price including taxes, and delivery information of the product(s) are as follows:

Payment Method and Plan:
Online virtual POS payment via .......... Bank credit card with .... monthly installments totaling .... TL (in words ...................................) or a one-time payment of .......... TL.

Additional installment cost: .......

Interest rate used in installment calculation: % ...

Shipment will begin within 3 business days following the order. Delivery will be completed within 7 business days.

Delivery Address:
Persons to Receive Delivery:
1.
2.

Billing Address:

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ARTICLE 4 – DELIVERY OF THE GOODS AND DELIVERY METHOD

This Agreement becomes effective once approved by the Buyer and shall be fulfilled by delivering the goods/services purchased by the Buyer from the Seller to the Buyer. The goods/services will be delivered to the persons located at the address specified in the order form and in this Agreement.

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ARTICLE 5 – DELIVERY COSTS AND PERFORMANCE

Delivery costs of the goods/services belong to the Buyer. If the Seller declares on the website that delivery costs will be covered by the Seller, then delivery costs will be borne by the Seller.

Delivery of the goods will be made within the promised time after the Seller's stock availability and confirmation of payment. The Seller shall deliver the goods/services within 30 (thirty) days following the order and reserves the right to extend this period by an additional 10 (ten) days by notifying the Buyer in writing.

If for any reason the payment for the goods/services is not made by the Buyer or the payment is cancelled in bank records, the Seller shall be deemed released from the obligation to deliver the goods/services.

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ARTICLE 6 – DECLARATIONS AND COMMITMENTS OF THE BUYER

The Buyer declares that they have read and been informed about the essential characteristics of the product subject to the Agreement, the sales price, payment method, and delivery information provided by the Seller on the Website and that they have given the necessary confirmation electronically.

Buyers, in their capacity as consumers, may submit their requests and complaints through the communication channels provided in the Seller's contact information above.

By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that they have obtained the address, basic features of the ordered products, prices including taxes, payment and delivery information that must be provided to the consumer before concluding distance contracts.

The Buyer shall inspect the goods/services before accepting delivery. If damaged or defective goods (e.g., broken, torn packaging) are accepted from the cargo company, responsibility belongs entirely to the Buyer.

Once the goods/services are received from the courier, they shall be considered undamaged and in proper condition. After delivery, responsibility and any damages belong to the Buyer.

If the payment for the goods/services is not made to the Seller by the bank or financial institution due to unauthorized or unlawful use of the Buyer's credit card without the Buyer's fault, the Buyer must return the goods/services to the Seller within 3 (three) days, provided they have already been delivered. In such a case, delivery expenses belong to the Buyer.

 

ARTICLE 7 – DECLARATIONS AND COMMITMENTS OF THE SELLER

The Seller is responsible for delivering the goods/services subject to the Agreement to the Buyer in accordance with consumer legislation, complete, undamaged, and in conformity with the specifications stated in the order, including any warranty certificates and user manuals if applicable.

If the Seller cannot deliver the product within the specified period due to force majeure or extraordinary circumstances preventing transportation, the Seller shall inform the Buyer as soon as possible.

If the goods/services are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the recipient refuses delivery.

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ARTICLE 8 – RIGHT OF WITHDRAWAL

The Buyer has the right to withdraw from the Agreement without assuming any legal or criminal liability and without giving any reason within 7 (seven) days from the date of delivery of the goods or the signing of the Agreement.

The Seller undertakes to take back the goods as of the date the withdrawal notice reaches the Seller.

Withdrawal notices and other notifications regarding the Agreement may be sent via the Seller's contact information listed above.

Since DP is not a party to this Distance Sales Agreement, the right of withdrawal cannot be exercised against DP nor can a refund be requested from DP.

If the right of withdrawal is exercised:

a) The product delivered to the Buyer or a third party designated by the Buyer must be returned.
b) The returned product must be delivered within 7 (seven) days together with its box, packaging, standard accessories (if any), and any promotional items in complete and undamaged condition.

Within 10 (ten) days following the receipt of the withdrawal notice, the product price shall be refunded to the Buyer in the same method used for payment.

When returning the product, the original invoice presented to the Buyer during delivery must also be returned. Return shipping costs belong to the Seller.

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ARTICLE 9 – CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED

The right of withdrawal cannot be exercised in the following cases:

Services whose performance has begun with the consumer’s approval before the withdrawal period ends.

Contracts regarding goods whose price is determined in stock exchanges or organized markets.

Goods prepared according to the consumer’s requests or clearly personal needs, goods not suitable for return by nature, goods that may deteriorate quickly or may expire.

Contracts regarding audio/video recordings, software programs, and computer consumables whose packaging has been opened by the consumer.

Contracts regarding delivery of periodicals such as newspapers and magazines.

Contracts regarding betting and lottery services.

Contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the consumer.

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ARTICLE 10 – RESOLUTION OF DISPUTES

If consumers encounter problems with the Seller and the issue cannot be resolved, applications regarding disputes with a value up to 1,161.67 TL may be submitted to the Consumer Arbitration Committee located in the consumer’s place of residence or where the product was purchased.

For disputes exceeding 1,161.67 TL, applications may be submitted to the Consumer Courts located in the consumer’s place of residence or where the product was purchased.

According to Article 5/3 of the Regulation on Consumer Arbitration Committees published in the Official Gazette dated 01.08.2003 and numbered 25186, the monetary threshold for provincial arbitration committees operating in metropolitan cities is 3,032.65 TL.

 

ARTICLE 11 – PRICE OF THE GOODS/SERVICES

The cash or installment price of the goods/services and the down payment price are stated in the order form as well as in the sample invoice sent via email after the order and the invoice delivered to the customer together with the product.

Discounts, coupons, and other promotions applied by the Seller or Özlem Erol / Moyy Atölye are reflected in the sales price.

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ARTICLE 12 – DEFAULT AND LEGAL CONSEQUENCES

If the Buyer falls into default regarding payments made by credit card, they shall pay interest in accordance with the credit card agreement with the issuing bank and shall be responsible to the bank.

In this case, the relevant bank may initiate legal action and request the costs and attorney fees from the Buyer.

In any case of default, the Buyer agrees to compensate the Seller for any damages and losses incurred due to delayed performance of the debt.

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ARTICLE 13 – NOTIFICATIONS AND EVIDENCE AGREEMENT

All correspondence between the parties under this Agreement shall be made via email, except for mandatory cases specified by law.

The Buyer acknowledges that in disputes arising from this Agreement, the Seller’s and Özlem Erol / Moyy Atölye’s official books, commercial records, electronic data stored in databases and servers, and computer records shall constitute binding and conclusive evidence in accordance with Article 193 of the Code of Civil Procedure.

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ARTICLE 14 – EFFECTIVENESS

This Agreement consisting of 13 (thirteen) articles has been read by the parties and concluded electronically by the Buyer’s approval and has entered into force immediately.

SELLER
BUYER