Sales Agreement

1. PARTIES

This Agreement has been signed between the following parties within the framework of the terms and conditions stated below.

1. ‘BUYER’ ; (hereinafter referred to as "BUYER" in the contract)

NAME-SURNAME: [name surname]
ADDRESS: [address]

2. ‘SELLER’ ; (hereinafter referred to as "SELLER" in the contract)

NAME-SURNAME: [companyname]
ADDRESS: [companyaddress]

By accepting this contract, the BUYER agrees in advance that if they approve the order subject to the contract, they will be obliged to pay the price of the order and, if any, additional fees such as shipping costs and taxes, and that they have been informed about this matter.

2. DEFINITIONS

In the application and interpretation of this contract, the terms written below shall express the written explanations opposite them.

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW: Law No. 6502 on Consumer Protection,

REGULATION: Distance Contracts Regulation (OG: 27.11.2014/29188)

SERVICE: The subject of all consumer transactions other than the provision of goods, performed or promised to be performed for a fee or benefit,

SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or account of the provider of goods,

BUYER: A real or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,

SITE: The internet site belonging to the SELLER,

ORDERER: A real or legal person who requests a good or service through the SELLER's internet site,

PARTIES: The SELLER and the BUYER,

CONTRACT: This contract concluded between the SELLER and the BUYER,

GOODS: Refers to movable property subject to purchase and sale, and intangible goods such as software, sound, images, and similar items prepared for use in electronic environments.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose qualities and sales price are specified below, ordered by the BUYER electronically through the SELLER's website.

The prices listed and advertised on the site are sales prices. The advertised prices and promises are valid until updated and changed. Prices advertised for a limited time are valid until the end of the specified period.

4. SELLER INFORMATION

Title: [companyname]
Address: [companyaddress]
Phone: [companyphonenumber]
Tax ID: [companytaxid] / [companytaxoffice]
Email: info@elaraistanbul.com

5. BUYER INFORMATION

Recipient: [buyername surname]
Delivery Address: [buyeraddress]
Phone: [phone]
Email/username: [email]
Turkish ID No: [tc]

6. ORDERING PERSON INFORMATION

Name/Surname/Title: [name surname]

Address: [address]
Phone: [phone]
Email/username: [email]

7. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION

1. The basic characteristics (type, quantity, brand/model, color, number) of the goods/product/products/service are published on the SELLER's website. If the Seller has organized a campaign, you can examine the basic characteristics of the relevant product during the campaign period. It is valid until the campaign date.

7.2. The prices listed and advertised on the site are sales prices. The advertised prices and promises are valid until updated and changed. Prices advertised for a limited time are valid until the end of the specified period.

7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.

[purchased_products]

Payment Method and Plan: [paymentmethod]

Delivery Address: [buyeraddress]

Recipient: [buyername surname]

Invoice Address: [address]

Order Date: [date]

Delivery Date: Within a maximum of 30 days from [date]

Delivery Method: Shipping by cargo

7.4. The shipping fee, which is the product shipment cost, will be paid by the BUYER.

8. INVOICE INFORMATION

Name/Surname/Title: [companyname]

Address: [companyaddress]
Phone: [companyphonenumber]
Email/username: info@mokoshe.com.tr
Invoice delivery: The invoice will be delivered to the invoice address with the order during order delivery.

9. GENERAL PROVISIONS

9.1. The BUYER accepts, declares, and undertakes that they have read the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the contract on the SELLER's website, and have given the necessary confirmation electronically. The BUYER accepts, declares, and undertakes that by confirming the Preliminary Information electronically, they have obtained the address, basic characteristics of the ordered products, prices including taxes, and payment and delivery information that the SELLER must provide to the BUYER before the distance sales contract is established, accurately and completely.

9.2. Each product subject to the contract shall be delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance of the BUYER's residence, provided that the legal period of 30 days is not exceeded. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the contract completely, in accordance with the specifications stated in the order and, if any, with warranty certificates, user manuals and necessary information and documents, to perform the work solidly, in accordance with standards, free from all defects, in accordance with the requirements of legal regulations, within the principles of accuracy and honesty, to maintain and improve the quality of service, to show the necessary care and diligence during the performance of the work, and to act with caution and foresight.

9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from the contract.

9.5. The SELLER accepts, declares and undertakes that if they cannot fulfill their contractual obligations due to the impossibility of fulfilling the product or service subject to the order, they will notify the consumer in writing within 3 days from the date they learn of this situation and will return the total amount to the BUYER within 14 days.

9.6. The BUYER accepts, declares and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Contract, and that in case the price of the product subject to the contract is not paid and/or cancelled in the bank records for any reason, the SELLER's obligation to deliver the product subject to the contract will terminate.

9.7. The BUYER accepts, declares and undertakes that if, after the delivery of the product subject to the contract to the BUYER or to the person and/or organization at the address indicated by the BUYER, the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER shall return the product subject to the contract to the SELLER within 3 days, with the shipping cost belonging to the SELLER.

9.8. The SELLER accepts, declares and undertakes that if it cannot deliver the product subject to the contract within the due period due to force majeure events such as unforeseen circumstances beyond the control of the parties and/or circumstances that prevent and/or delay the parties from fulfilling their obligations, it will notify the BUYER of the situation. The BUYER also has the right to request from the SELLER to cancel the order, to replace the product subject to the contract with an equivalent if available, and/or to postpone the delivery period until the hindering situation is removed. In the event the order is cancelled by the BUYER, in case of cash payments made by the BUYER, the product amount will be paid to them in cash and in full within 14 days. In case of credit card payments made by the BUYER, the product amount will be refunded to the relevant bank within 14 days after the order is cancelled by the BUYER. The BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and since the reflection of this amount in the BUYER's accounts after it is refunded to the bank is entirely related to the bank's processing time, the BUYER cannot hold the SELLER responsible for possible delays.

9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes through mail, e-mail, SMS, phone calls, and other means via the address, e-mail address, landline and mobile phone numbers, and other contact information specified by the BUYER in the registration form on the site or updated later by them. The BUYER, by accepting this agreement, acknowledges and declares that the SELLER may engage in the communication activities mentioned above targeting them.

9.10. The BUYER shall inspect the goods/services subject to the contract before taking delivery; they shall not accept damaged or defective goods/services such as dented, broken, torn packaging, etc., from the cargo company. The accepted goods/services shall be deemed to be undamaged and sound. The obligation to protect the goods/services with care after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services must not have been used. The invoice must be returned.

9.11. If the credit card holder used during the order is not the same person as the BUYER, or if a security vulnerability regarding the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to provide identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the cardholder's bank confirming that the credit card belongs to them. The order will be put on hold until the BUYER provides the requested information/documents, and if the aforementioned requests are not met within 24 hours, the SELLER reserves the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information provided by them when registering on the SELLER's website is true and accurate, and that they will immediately compensate the SELLER for all damages incurred by the SELLER due to the inaccuracy of this information, in cash and in full, upon the SELLER's first notification.

9.13. The BUYER accepts and undertakes from the outset to comply with legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and penal liabilities arising will be solely and exclusively binding on the BUYER.

9.14. The BUYER cannot use the SELLER's website in a way that disrupts public order, is contrary to general morality, disturbs and harasses others, for an illegal purpose, or infringes upon the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.

9.15. Through the SELLER's website, links may be provided to other websites and/or other content that are not under the SELLER's control and/or are owned and/or operated by third parties. These links are placed to provide convenience for the BUYER and do not endorse any website or the person operating that site and do not constitute any guarantee regarding the information contained in the linked website.

9.16. A member who violates one or more of the articles listed in this contract shall be personally responsible legally and criminally for this violation and shall keep the SELLER free from the legal and criminal consequences of these violations. In addition; in case of legal action due to this violation, the SELLER reserves the right to demand compensation from the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. The BUYER may exercise their right of withdrawal from the contract by rejecting the goods without assuming any legal or criminal liability and without stating any reason, provided that they notify the SELLER within 14 (fourteen) days from the date of delivery of the product to themselves or the person/organization at the address indicated by them, in the case of a distance contract related to the sale of goods. In distance contracts for the provision of services, this period begins from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the right of withdrawal period expires. The costs arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.

10.2. To exercise the right of withdrawal, a written notification must be made to the SELLER via registered mail, fax or e-mail within 14 (fourteen) days, and the product must not have been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Exercised" provisions regulated in this contract. If this right is exercised,

a) The invoice for the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution. Order returns invoiced to institutions cannot be completed unless a RETURN INVOICE is issued.)

b) Return form,

c) The products to be returned must be delivered complete and undamaged with their box, packaging, and standard accessories, if any.

d) The SELLER is obliged to return the total amount and the documents that put the BUYER into debt to the BUYER within 10 days at the latest from the date the withdrawal notification reaches them and to take back the goods within 20 days.

e) If there is a decrease in the value of the goods due to the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to their fault. However, the BUYER is not responsible for changes and deteriorations caused by the proper use of the goods or product within the right of withdrawal period.

f) If the campaign limit amount arranged by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount benefited from within the scope of the campaign is cancelled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

It is not possible to return products prepared according to the BUYER's request or explicit personal needs and which are not suitable for return, such as innerwear bottoms, swimwear bottoms, make-up products, disposable products, goods that are in danger of rapid spoilage or whose expiry date is likely to pass, products whose packaging has been opened by the BUYER after delivery and which are not suitable for return in terms of health and hygiene, products that mix with other products after delivery and whose nature makes it impossible to separate, goods related to periodic publications such as newspapers and magazines, except those provided under a subscription contract, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and sound or image recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER, according to the Regulation. In addition, it is not possible to exercise the right of withdrawal for services whose performance has begun with the consumer's consent before the right of withdrawal period expires, according to the Regulation.

Cosmetics and personal care products, underwear products, swimwear, bikini, books, copyable software and programs, DVD, VCD, CD and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untried, unspoiled, and unused in their packaging to be returned.

12. DEFAULT AND LEGAL CONSEQUENCES

In the event that the BUYER defaults on their credit card payments, they accept, declare and undertake that they will pay interest within the framework of the credit card agreement with the cardholder bank and will be responsible to the bank. In this case, the relevant bank may resort to legal remedies; it may demand the arising expenses and attorney's fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER accepts, declares and undertakes to pay the SELLER's loss and damage incurred due to the delayed performance of the debt.

13. AUTHORIZED COURT

In disputes arising from this contract, complaints and objections will be made to the consumer arbitration committee or consumer court in the place of residence of the consumer or where the consumer transaction took place, within the monetary limits specified in the law below. Information on monetary limits is as follows:

Effective from 28/05/2014:

a) For disputes with a value below 2,000.00 (two thousand) TL, according to Article 68 of the Law on Consumer Protection No. 6502, to district consumer arbitration committees,

b) For disputes with a value below 3,000.00 (three thousand) TL, applications are made to provincial consumer arbitration committees,

c) In provinces with metropolitan status, for disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, applications are made to provincial consumer arbitration committees.
This Agreement is made for commercial purposes.

14. EFFECTIVE DATE

The BUYER is deemed to have accepted all terms of this agreement when making payment for an order placed through the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this agreement has been read and accepted by the BUYER on the site before the order is fulfilled.

SELLER: [companyname]

BUYER: [name_surname]

DATE: [date]

IP ADDRESS: [ipaddressinformation]