ARTICLE 1 – PARTIES
Title: Studio Mohs – Detaş Peyzaj Tarım Maden İnş. San. Ve Tic. Ltd. Şti (hereinafter referred to as the “SELLER”)
Address: Soğucaksu mah. 2. İnönü cad. No:93 Pınarlı/Aksu/Antalya
ARTICLE 2 – SUBJECT
The subject of this Agreement is the Law No. 6502 on the Protection of Consumers, published in the Official Newspaper on 27.11.2014, regarding the sale and delivery of the product, whose qualities and sales price are specified below, which the CUSTOMER has ordered electronically from the website of the SELLER www.studiomohs.com. and determining the rights and obligations of the parties in accordance with the provisions of the Regulation on Distance Contracts. The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Law on the Protection of the Consumer and the Regulation on Distance Contracts under this Agreement.
ARTICLE 3 – CONTRACTUAL PRODUCT/PRODUCTS
In this section, the type, number, brand, model, color, sales price and basic features of the product/service subject to the Contract are explained.
Product Name, code : … piece
Total Sales Price: …. -TL -TL
Payment Method and Plan: Credit Card/Bank Transfer (EFT)
Phone Number :
Delivery address :
Invoice person/Institution :
Invoice Address :
Tax Administration :
Tax registration number :
Shipping Cost: … -TL
ARTICLE 4 – GENERAL PROVISIONS
4.1. If the CUSTOMER places an order or makes a payment via the website or mobile application, he/she accepts that this agreement enters into force and is bound by the conditions set forth in this agreement.
4.2. CUSTOMER, on the website www.studiomohs.com read and have information about the basic characteristics of the product subject to the contract, the sales price including all taxes, the method of payment, delivery and the costs of this product on the website, the time of delivery, and the full trade name, full address and contact information of the SELLER and electornically declares that it has given the necessary confirmation in the electronical environment. The BUYER, as a consumer, can convey his requests and complaints to the SELLER through the channels provided by the SELLER contact information above.
4.3. The delivery of the goods is made in the promised time after the SELLER’s stock is available and the payment is made. The product subject to the contract, on the condition that it does not exceed 30 (thirty) days from the date of order, for each product, depending on the distance of the BUYER’s place of residence, within the period specified in the preliminary information on the website, at the address specified by the BUYER or BUYER in the order form and in this contract. delivered to the person/organization. The SELLER reserves the right to extend an additional 10 (ten) days with written notification within this period.
4.4. The delivery costs of the Goods/Services belong to the BUYER and will be reflected in the invoice for the order under the name of “Shipping Fee”. If the SELLER has declared on the website www.studiomohs.com that the delivery fee will be covered by him, the delivery costs will belong to the SELLER.
4.5. The BUYER agrees to fully cover any responsibility and damages that may arise from this situation in cases where the information provided in the electronic environment is not correct or incomplete.
4.6. The SELLER reserves the right to stop the order in necessary situations when the information given by the BUYER does not match the reality. In cases where the SELLER detects a problem in the order, if the BUYER cannot reach the BUYER from the telephone, e-mail and postal addresses given by the BUYER, it may freeze the execution of the order for 15 (fifteen) days The BUYER is expected to contact the SELLER regarding the issue during this period. If no response is received from the BUYER within this period, the SELLER cancels the order so that both parties are not harmed.
4.7. If, for any reason, the Goods/Service price is not paid by the BUYER or the payment is canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the Goods/Services.
4.8. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible in any way if the person/organization to be delivered does not accept the delivery.
4.9. The SELLER cannot be held responsible in any way if the ordered product cannot be delivered to the BUYER due to any problems encountered by the cargo company during the delivery of the product to the BUYER.
4.10. Before receiving the Contracted Goods/Services, the BUYER shall inspect and find out that it is damaged, broken, the packaging is torn, etc. In case of receiving the damaged and defective Goods/Services from the cargo company, the responsibility belongs entirely to him. The Goods/Services received by the BUYER from the cargo company officer shall be deemed to be undamaged and intact. The responsibility and damages of the Goods/Services after delivery belong to the BUYER.
4.11. The SELLER is responsible for the delivery of the contractual Goods/Services to the BUYER in accordance with the Consumer Legislation, intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
4.12. If a repair is requested for the product, the periods specified in the Consumer Law and related regulations are applied.
4.13. The SELLER may supply a different product of equal quality and price to the BUYER before the contractual performance obligation expires, provided that it is based on a justified reason.
4.14. If the SELLER cannot fulfill its contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, it shall notify the consumer of this situation before the contractual performance obligation expires and may supply the BUYER with a different product of equal quality and price if it is in stock.
4.15. In the event that the fulfillment of the order and/or service becomes impossible at the end of the campaign period, the SELLER reserves the right to supply different products of equal quality and price in order to fulfill the contractual performance obligation, however, the Consumer, before the expiry of the obligation to fulfill, acknowledges that the SELLER who notifies him/her also reserves the right to return the product price. Although the consumer has been informed that the product is out of stock, he will not be able to demand a different product of equal quality and price instead of a refund.
4.16. For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. Payment methods such as cash on delivery or postal check, which are made without consulting customer service and getting approval, are not accepted. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.
4.17. After the delivery of the product, the product price of the relevant bank or financial institution due to the unfair or unlawful use of the BUYER’s credit card, debit card, debit card and/or other payment systems offered on the Website by unauthorized persons, not due to the BUYER’s fault, shall be paid by the SELLER. In case of failure to pay, the BUYER is obliged to return the relevant product to the SELLER within 3 (Three) days, provided that it has been delivered to him. In this case, the shipping costs belong to the BUYER.
4.18. If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances that prevent transportation, such as weather conditions that prevent transportation, interruption of transportation, it is obliged to notify the BUYER as soon as possible. In this case, the BUYER has the right to cancel the order and terminate the contract. In case of termination of the contract, the SELLER is obliged to return all the payments it has collected, including delivery costs, if any, to the BUYER in cash and in full within 14 (Fourteen) days following the receipt of the termination notice.
4.19. In case the BUYER exercises its right of withdrawal, the product amount is returned to the relevant bank within 14 (Fourteen) days after the order is canceled by the BUYER, in the payments made by credit card, debit card and/or debit card and other payment systems offered on the Website. The reflection of this amount on the BUYER’s accounts after the return to the bank is entirely related to the process of the banks, and the SELLER has no responsibility or liability for any intervention in this matter or for this reason.
4.20. Persons under the age of 18 (eighteen) cannot shop from www.studiomohs.com. The SELLER will base the BUYER’s age specified in the contract as correct. However, the SELLER cannot be held responsible in any way due to the fact that the age of the buyer is written incorrectly.
4.21. The SELLER is not responsible for price errors caused by system errors. Accordingly, the SELLER is not responsible for any promotional or price errors that may arise due to the system on the website, the design or the illegal interventions to the website. The BUYER cannot claim from the SELLER based on system errors. The BUYER cannot claim from the SELLER based on system errors.
ARTICLE 5 – RIGHT OF WITHDRAWAL
5.1. In distance contracts for the sale of goods, the consumer has the right to withdraw from the contract by rejecting the goods within 14 days from the date of receipt, without taking any legal or criminal responsibility and without giving any reason. In distance contracts related to service provision, this period starts on the date of signing of the contract. If it is agreed in the contract to perform the service before the expiry of 14 days, the BUYER may use its right of withdrawal until the date when the performance begins. In domestic shipments, the expenses arising from the use of the right of withdrawal belong to the SELLER if the product is sent with the SELLER’s contracted cargo company. For orders coming from abroad or sent abroad, if the BUYER requests a replacement or returns the product; All costs and shipping costs will belong to the BUYER. Customs fees, taxes and other costs and additional costs that may arise due to shipping, exchange and return transactions belong to the BUYER.
5.2. All costs arising from the use of the right of withdrawal belong to the SELLER if the product is sent with the SELLER’s contracted cargo company. For orders placed abroad and delivered abroad, in case the BUYER requests a replacement or returns the product, all costs and all shipping costs belong to the BUYER. Due to exchange and return, customs duties, fees, etc. that may arise both in the country of delivery and in Turkey. and all other costs and extra costs that may arise for this reason belong to the BUYER.
5.3. In order to exercise the right of withdrawal, the SELLER must be notified by fax, telephone or e-mail specified in Article 1 of this Contract within 14 days. Within the scope of the right of withdrawal, the product must not have been used within the framework of the provisions contained in the distance sales contract.
5.4. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.
5.5. In case of using the right of withdrawal;
- a) The invoice of the product delivered to the 3rd person or the CUSTOMER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoice is issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.
- b) Return form,
- c) The products to be returned must be delivered within 14 days complete and undamaged, together with the box, packaging and standard accessories, if any.
The product price is returned to the CUSTOMER within 14 days following the receipt of these documents by the SELLER
5.7. In case the product price is returned to the BUYER due to the use of the right of withdrawal and other reasons stipulated in the contract, if the shopping is made with a credit card and in installments, the credit card refund procedure will be applied as follows: pays back in installments. After the SELLER has paid the entire product price to the bank at once, in case the installment expenditures made from the Bank’s POS are returned to the BUYER’s credit card, the requested refund amounts are transferred by the Bank to the bearer’s accounts in installments so that the parties involved do not become victims. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the card’s account cut-off dates do not coincide, 1 (one) refund will be reflected on the card each month, and the buyer will pay the installments paid before the return for another month, after the installments of the sale are over, equal to the number of installments he has paid before the return. receivables and will be deducted from existing debts.
5.8. In the event of the return of goods and services purchased with a card, the SELLER cannot make a cash payment to the BUYER in accordance with the contract it has made with the Bank. In the event of a return transaction, the SELLER will make the refund via the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or on credit, the buyer cannot be paid in cash in accordance with the procedure detailed in 5.5. The refund to the credit card will be made by the Bank in accordance with the above procedure, after the BUYER has paid the amount to the Bank at once.
5.8. When returning the product to the SELLER, the original invoice submitted to the BUYER during the delivery of the product must also be returned. The return section of the invoice to be returned with the product will be returned by filling in and signing by the Buyer.
ARTICLE 6 – PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
Unless otherwise agreed by the parties, the consumer cannot use the right of withdrawal in the following contracts:
- a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the SELLER or the provider,
- b) Contracts for goods prepared in line with the wishes or personal needs of the consumer,
- c) Contracts for the delivery of perishable or expired goods,
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is not suitable in terms of health and hygiene,
- d) Underwear, swimwear and bikini bottoms, make-up materials, disposable products
- e) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
- f) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
- g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or rest, which must be made on a certain date or period.
ğ) Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.
- h) Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
ı) If the packaging of audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables has been opened by the BUYER, it is not possible to return them in accordance with the Regulation.
ARTICLE 7 – STATUS OF DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card agreement made with him by the bank and be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney’s fees to arise from the BUYER, and in any case, in the event that the BUYER defaults due to its debt, the BUYER agrees to pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
ARTICLE 8 – AUTHORIZED COURT
Consumer; Complaints and objections can be made to the District Arbitration Committee for Consumer Problems, Provincial Arbitration Committee or Consumer Court in the place where the consumer buys the goods or services within the monetary limits determined by the Ministry of Customs and Trade every year in December.
ARTICLE 9 – NOTICES and EVIDENCE AGREEMENT
The BUYER shall provide evidence within the meaning of Article 193 of the Code of Civil Procedure of this article that the official books and commercial records of the SELLER, electronic information and computer records kept in its database and servers shall constitute binding, definitive and exclusive evidence in disputes that may arise from this Agreement. accepts, declares and undertakes that it is in the nature of a contract.
ARTICLE 10 – ENFORCEMENT
This Agreement, which consists of 10 (ten) articles, has been read by the Parties and signed by the BUYER electronically, and has entered into force immediately.
Name – Surname :