Distance Sales Agreement
Seller: A natural or legal person, including the public legal persons, delivering goods to the consumer for commercial or professional purposes or those acting in the name or account of such provider of goods,
Consumer, Buyer: A natural person or legal entity acting for non-commercial or non-professional purposes,
Merchant: Anyone who runs a business in his/her name, even if only partially,
Goods: Software, audio, video, and other intangible goods prepared for use in movable items, residential and holiday immovable properties, and electronic media subject to purchase and sale,
Second-hand Product: A product that has been purchased and used by someone else before,
Service: The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,
Distance Contracts: Contracts that are concluded by using remote communication tools between the parties until and including the moment the contract is established, within the framework of a system created for the remote marketing of goods or services without the simultaneous physical presence of the seller and the consumer,
Persistent Data Storage: Any type of instrument or environment, such as a short message, e-mail, internet, disc, CD, DVD, memory card, etc., that ensures that the information received by or sent to the consumer is recorded in a way that allows this information to be examined for a reasonable period by its purpose, is copied without changing it, and allows exact access to this information,
2. SUBJECT OF THE AGREEMENT AND THE PARTIES
2.1 The subject of this Contract determines the rights and obligations of the Parties as per the provisions of the Consumer Protection Law No. 6502 and The Regulation on Distance Contracts as well as all other applicable regulations and applications related to the sales/ purchase and delivery of the product(s) ordered by the BUYER via the website shop.molturkiye.com (hereinafter referred to as WEBSITE) of the SELLER. In cases where there is no provision in the contract, the provisions of the legal legislation are applied.
2.2 This Agreement regulates the rights and obligations of the parties in accordance with provisions to “Consumer Protection Law No. 6502” and “The Regulation on Distance Contracts” in case the BUYER is a consumer. If the BUYER is a merchant, general provisions will be applied between the parties in accordance with the relevant articles of the Turkish Code of Obligations and Turkish Commercial Code, and the rules arising from the provisions of Consumer Protection Law No. 6502 and The Regulation on Distance Contracts will not be applied in favor of the BUYER.
If the BUYER is a trader, the BUYER accepts, declares, and undertakes that the provisions of the Turkish Code of Obligations and Turkish Commercial Code will be applied.
2.3 The BUYER is informed about the basic characteristics of the goods or services subject to sale, the sales price, payment method, delivery conditions and all preliminary information about the goods or services subject to sale and the right of "withdrawal", that this preliminary information has been confirmed electronically, and then accepts and declares that the services are ordered in accordance with the provisions of this contract. Preliminary Information Form on the WEBSITE and bill are the integral parts of this Agreement.
2.4 SELLER INFORMATION
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MOL TURKEY DENIZCILIK VE LOJISTIK TIC. A.Ş. |
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Address: |
İzzetpaşa Mah. Yeni Yol Cad. Nurol Tower No:3 Daire:131 Şişli/İstanbul |
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Phone: |
+90 (212) 813 12 89 |
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MERSİS No:
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0622171592000001 |
2.5 RECEIVER INFORMATION
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Address: |
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Phone: |
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Email: |
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3.CONTRACTUAL PRODUCT / PRODUCTS
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Product Detail: |
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Product Quantity: |
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Total VAT: |
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Shipping Fee: |
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Total amount: |
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4.1 In product sales via the WEBSITE, the product is delivered to the delivery address specified by the buyer on the website or to the person/institution at the address directed by him/her, together with the bill, within 30 days at the latest. The delivery period in question may exceed the specified day due to the characteristics and nature of the product. The period specified by customs procedures is out of this scope. If the specified time is exceeded, the seller accepts that she/he is obliged to inform the buyer. Shipping costs and product customs tax on delivery belong to the buyer.
4.2 In cases where the fulfillment of the product or service that is the subject of the order becomes impossible, the SELLER will notify the BUYER with a permanent data storage within 3 days from the date of learning of this situation and will return all collected payments, including delivery costs, if any, within 14 days at the latest from the date of notification.
4.3 The BUYER is responsible for checking the product as soon as she/he receives it and when she/he sees a problem with the product caused by the cargo, not accepting the product, and keeping a report to the cargo company official. Otherwise, the SELLER will not accept responsibility.
5. PAYMENT METHOD
5.1 Payments are made with your credit card through the platform that provides payment infrastructure service with which we are contracted.
5.2 The buyer can shop in installments with his/her contracted bank via the internet site with a credit card. In this case, the purchase is the option of paying in installments provided directly by the mentioned organization.; Sales realized within this framework are not considered as installment sales for the parties of this contract.
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Credit card |
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Delivery Person / Institution Name-Surname / Title Information: |
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Telephone Number of Person/Institution to be Delivered: |
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Delivery address: |
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Billing address: |
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6. GENERAL PROVISIONS
6.2 The seller is responsible for the complete delivery of the contractual product following the qualifications specified in the order.
6.3 The buyer is aware that the products in question are second-hand, used items. At the same time, the buyer is aware that she/he has full knowledge of all the details of the second-hand product through product photos and descriptions. All the features of a product specified in the contract are stated "explicitly.". As a result, the BUYER accepts and agrees that she/he will be unable to exercise her/his right to withdraw based on the claim that the product is defective due to its nature.
6.4 If the product price is not paid by the BUYER for any reason or it is canceled in the bank records, the SELLER will not be obliged to deliver the product.
7. RIGHT OF WITHDRAWAL
7.1 The BUYER has the right to withdraw from the sale of goods/products within 14 days without giving any reason and without charging any penalty.
7.2 The buyer's right of withdrawal period begins on the day that the buyer or third party determined by the buyer receives the goods in the contracts related to the purchase of the product. At the same time, the buyer may exercise the right of withdrawal within the period from the establishment of the contract to the delivery of the goods.
7.3 In determining the period of the right of withdrawal; For products that are the subject of a single order and delivered separately, the day the buyer or the third party determined by the buyer receives the final product; For products consisting of more than one piece, the day on which the buyer or the third party determined by the buyer receives the last piece, In contracts where the product is delivered regularly for a certain period, the day on which the buyer or the third party determined by the buyer receives the first goods is taken as a basis.
7.4 The notification that the right of withdrawal has been exercised must be directed to the seller with a permanent data store before the right of withdrawal expires. You can exercise your right of withdrawal on our website shop.molturkiye.com, via +90 (212) 813 12 89 or shop.moltr@molgroup.com via e-mail.
7.5 Please inspect your order upon reception and contact us immediately if the item is defective, damaged or if you receive the wrong item, so that we can evaluate the issue and make it right. To start a return, you can contact us at shop.moltr@molgroup.com. If your return is accepted, we’ll send you a return shipping label, as well as instructions on how and where to send your package. Items sent back to us without first requesting a return will not be accepted.
7.6 The SELLER is required to return all collected payments, excluding shipping costs, within 14 days of receiving the product back, conducting all necessary product examinations and receiving notification of the buyer's exercise of the right of withdrawal. The buyer is responsible for the shipping fee. If any damage caused by the customer is detected on the product subject to the right of withdrawal, the refunded fee will be refunded to the seller after deducting the amount of damage. The SELLER will make all the refunds at the same time, using the same payment method as the customer used when purchasing, and without incurring any expense or obligation to the BUYER.
7.7 To be eligible for a return, your item must be in the same condition that you received it, unworn or unused, with tags, and in its original packaging. You’ll also need the receipt or proof of purchase. Its rust, shape change, damage, cracks are parts of the items. It cannot be the reason for refund. In case of cargo damage or the delivery of demolished items. The refund will be fully taken care of the seller.
7.8 BUYER must send the product back to the seller within 10 days from the date on which he/she sends the notification regarding the use of the right of withdrawal to the seller.
8. FORCE MAJEURE
8.1 Circumstances that do not exist or cannot be foreseen at the date of the contract's entry into force, that develop beyond the control of the parties, and that make it impossible for one or both of the parties to partially or completely fulfill their obligations and responsibilities or prevent from fulfilling them on time, are assumed by the contract as force majeures (natural disaster, war, terrorism, insurrection, changing legislation provisions, seizure or stroke, lockout, significant malfunction in production and communication facilities, etc.) The party facing any force majeure must notify the other party as soon as possible.
8.2 During the continuation of the force majeure, the parties will not be liable for their failure to fulfill their obligations. If the force majeure situation continues for 30 days, each party will have the right to unilateral termination
9. EVIDENCE AGREEMENT
9.1 In the resolution of any disputes that may arise from this contract, the records of the SELLER (including the records in the magnetic medium such as computer, sound recordings) constitute conclusive evidence.
10. APPLICABLE LAW AND AUTHORIZED COURT
10.1 This agreement will be governed by Turkish law in accordance with Articles 24 and 26 of the Law on Private International Law and Procedural Law.
10.2 Consumer Arbitration Committees are Authorized up to the value declared by the Ministry of Commerce of the Republic of Turkey. In cases exceeding this amount, the Republic of Turkey Consumer Courts and Enforcement Offices in the seller's place of residence are authorized.
11. DECLARATION OF ACCEPTANCE
12. ENTRY INTO FORCE
12.1 This Agreement has been concluded and entered into force by being read by the parties, approved by the BUYER electronically, and making payment as a positive de facto action.