Legal notice
DISTANCE SALES AGREEMENT
- DEFINITIONS
Seller: A natural or legal person, including public legal entities, who supplies goods to consumers for commercial or professional purposes, or acts in the name or
on behalf of a supplier of goods;
Consumer, Buyer: A natural or legal person acting for purposes outside their trade or profession;
Goods/Product: Movable property, residential or holiday property, and all types of intangible goods prepared for use in an electronic environment, such as software, sound, images and
similar items, that are the subject of a purchase;
Service: The subject of any consumer transaction, other than the supply of goods, performed or undertaken in exchange for payment or a benefit;
Distance Contract: A contract concluded without the simultaneous physical presence of the seller and the consumer, within a system established for the distance marketing
of goods or services, through the use of means of distance communication up to and including the moment at which the contract is concluded
between the parties;
Durable Medium: Any tool or medium that allows information sent by or to the consumer to be stored for a reasonable period appropriate to its purpose,
copied without alteration and accessed unchanged, including text messages, email, the internet, disks, CDs, DVDs, memory
cards and similar tools or media.
These terms have the meanings set out above. - SUBJECT OF THE AGREEMENT AND PARTIES
2.1 This agreement determines the rights and obligations of the parties regarding the sale of products and services purchased by the BUYER, whose details appear below, through mussdecor.com
(hereinafter the WEBSITE), operated by the SELLER, and the shipment of products to the delivery address, in accordance with the provisions of the Law on Consumer Protection
and the Regulation on Distance Contracts. Where this agreement does not contain a provision, the applicable statutory
provisions apply.
2.2 Under this agreement, the Buyer acknowledges and declares that they have been informed of the essential characteristics of the goods or services, the sale price, payment method, delivery conditions, all pre-contractual information and the right of withdrawal,
that they have confirmed this information electronically and subsequently ordered the goods or services.
The pre-contractual information form on the Website's checkout page and the invoice are integral parts of this agreement.
2.3 Seller details
Name: Mehmet Mustafa Çördük
Address: Ethem Efendi Cad. Hatboyu Sok. No:7/b Ela Apt. Erenköy – Kadıköy/İstanbul
Telephone number 0 216 369 09 09
MERSİS number 4076253964600013
2.4 Buyer details
Full name / Business name: [-1-]
Address: [-2-]
Telephone number [-3-]
Email address [-4-] - PRODUCTS AND SERVICES COVERED BY THE AGREEMENT
Product/Service: [-5-]
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Product/Service details: [-6-]
Product/Service quantity [-7-]
Total VAT: [-8-]
Product delivery/shipping charge:
Total amount including VAT [-10-] - DELIVERY
4.1 For services sold through the Website, performance and delivery take place immediately where the nature of the service allows. In such cases, the invoice is sent to the Buyer
on a durable medium.
4.2 For products sold through the Website, the product, together with its invoice, will be delivered within no more than 30 days to the delivery address specified by the Buyer on the Website or to the person/entity at an address designated by the Buyer.
If this obligation is not fulfilled, the Buyer may terminate the agreement. In the event of termination,
the Seller will refund all payments received to the Buyer within 14 days of receiving the notice of termination.
4.3 If fulfilment of the ordered goods or services becomes impossible, the Seller will notify the Buyer on a durable medium within three days of becoming aware of this situation,
and will refund all payments received, including any delivery costs, no later than fourteen days from the date of notification.
4.4 The Buyer is responsible for checking the product upon delivery and, if a shipping-related issue is found, refusing the product and having the carrier's representative prepare
a written report. Otherwise, the Seller will not accept responsibility. - PAYMENT METHOD
Payment method:
Recipient person/entity full name/business name: [-11-]
Recipient person/entity telephone number: [-12-]
Delivery address: [-13-]
Billing address: [-14-] - GENERAL PROVISIONS
6.1 The Buyer acknowledges that they have read and understood the pre-contractual information on the Website about the essential characteristics, sale price, payment method and delivery of the products and services, and
have provided the required consent electronically.
6.2 The Seller is responsible for delivering the product covered by the agreement in full, in accordance with the characteristics specified in the order, and with any warranty documents and user manuals
where applicable.
6.3 If the product or service covered by the agreement fails to have the characteristics it should have according to the Website and therefore does not conform to the agreement,
the Buyer may exercise one of the following remedies: withdraw from the agreement by stating their readiness to return the goods; retain the goods and request a reduction in price proportionate to the defect;
request a free repair at the Seller's expense, provided it does not involve excessive costs; or, where possible, request replacement with an equivalent product free from defects.
If the Buyer chooses free repair or replacement with defect-free goods, the request must be fulfilled
within a maximum of 30 business days from the date it is made to the Seller. If the Buyer chooses to withdraw from the agreement or request a proportionate price reduction,
the full amount paid or the amount of the reduction will be refunded to the Buyer immediately. Liability for defective goods is subject to a two-year limitation period
from the date the goods are delivered to the Buyer, even if the defect appears later. If the Buyer knew, or could have been expected to know, about the defect when the agreement was concluded,
there is no lack of conformity in respect of that defect. The Buyer retains the remedies set out above for other defects.
6.4 If the Buyer does not pay the price of the product/service for any reason, or the payment is cancelled in the bank's records, the Seller will not be obliged to deliver the product/service. - RIGHT OF WITHDRAWAL
7.1 The Buyer has the right to withdraw from the agreement for the sale of goods/products within 14 days, without giving any reason and without paying a penalty.
The right of withdrawal cannot be exercised for services performed immediately in an electronic environment or for intangible goods delivered immediately to the Buyer.
7.2 The withdrawal period starts on the day the agreement is concluded for service contracts, and on the day the Buyer or a third party designated by the Buyer receives the goods for product contracts.
The Buyer may also exercise the right of withdrawal during the period between the conclusion of the agreement and delivery of the goods,
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before taking delivery.
7.3 The start of the withdrawal period is determined as follows: for goods ordered together but delivered separately, the day the Buyer or their designated third party receives the last item;
for goods consisting of multiple parts, the day the Buyer or their designated third party receives the last part; and for contracts for regular deliveries over a specified period,
the day the Buyer or their designated third party receives the first item.
7.4 Notice of withdrawal must be sent to the Seller on a durable medium before the withdrawal period expires. You may exercise this right
through our website mussdecor.com, by telephone on 0 216 369 09 09 or by email at info@mussdecor.com.
7.5 Within 14 days of receiving the Buyer's notice of withdrawal, the Seller will refund all payments received, including any delivery and shipping costs for delivery to the Buyer.
The Seller will make all such refunds in a single payment, using the same payment method used by the Buyer for the purchase,
without imposing any cost or obligation on the Buyer.
7.6 The Buyer must send the goods back to the Seller within 10 days of sending the notice of withdrawal.
7.7 The Buyer cannot exercise the right of withdrawal for the following contracts:
a) Contracts for goods or services whose prices depend on financial market fluctuations beyond the Seller's control.
b) Contracts for goods prepared according to the Buyer's requests or personal needs.
c) Contracts for the delivery of goods that are liable to deteriorate rapidly or expire.
ç) Contracts for the delivery of goods that are unsuitable for return for health or hygiene reasons if protective elements such as packaging, tape, seals or wrapping have been opened
after delivery.
d) Contracts for goods that, after delivery, become mixed with other products and cannot be separated by their nature.
e) Contracts for books, digital content and computer consumables supplied on a physical medium if protective elements such as packaging, tape, seals or wrapping have been opened
after delivery.
f) Contracts for the delivery of periodicals such as newspapers and magazines, except those supplied under a subscription contract.
g) Contracts for accommodation, goods transport, car rental, catering or leisure activities for entertainment or recreation that are to be performed on a specific date
or during a specific period.
ğ) Contracts for services performed immediately electronically or intangible goods delivered immediately to the Buyer.
h) Contracts for services whose performance has begun with the Buyer's consent before the withdrawal period expires. - FORCE MAJEURE
8.1 Circumstances that did not exist or could not be foreseen when the agreement entered into force, that arise beyond the parties' control, and that make it impossible for either or both parties
to perform some or all of their contractual obligations and responsibilities, or to perform them on time,
will be considered force majeure (natural disasters, war, terrorism, insurrection, changes in legislation, seizure, strikes, lockouts, major failures of production and communication facilities,
and similar events). The party affected by force majeure will notify the other party as soon as possible.
8.2 The parties will not be liable for failure to perform their obligations while the force majeure event continues. If the event continues for 30 days,
each party will have the right to terminate the agreement unilaterally. - EVIDENCE AGREEMENT
9.1 The Seller's records, including records on magnetic media such as computer and audio recordings, constitute conclusive evidence in the resolution of any dispute arising from this agreement. - JURISDICTION IN THE EVENT OF A DISPUTE
10.1 Consumer Arbitration Committees have jurisdiction up to the value announced by the Ministry of Customs and Trade. For amounts exceeding that value, the Consumer Courts and Enforcement Offices
at the Buyer's and Seller's places of residence have jurisdiction. - DECLARATION OF ACCEPTANCE
11.1 The Buyer acknowledges and declares that they have read all the conditions and explanations on the Website, in this Agreement and in the Pre-Contractual Information Form that forms an integral part of it;
that they have been informed in advance about the essential features and characteristics, sale price, payment method and delivery conditions of the products/services, and all other matters concerning the Seller and the products/services offered for sale;
that they have viewed all of this electronically on the Website, read it and accepted its content; and that, by providing electronic approval and consent and ordering the products/services,
they accept the provisions of this Agreement. - ENTRY INTO FORCE
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12.1 This Agreement has been concluded and entered into force through the parties reading it, the Buyer approving it electronically and making payment as an affirmative act
of acceptance.