This distance sales agreement (“Agreement”) is established electronically between the “Buyer” and the “Seller,” whose addresses are provided below, within the framework of the terms and conditions set forth below.
The Parties acknowledge and declare that they know and understand their obligations and responsibilities arising from the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts under this Agreement. The subject of the Agreement is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law on Consumer Protection No. 6502 (“Law”) and the Regulation on Distance Contracts (“Regulation”) published in the Official Gazette dated November 27, 2014, and numbered 29188, regarding the sale and delivery of the goods or services whose qualities are specified in the Preliminary Information Form, which the Buyer has electronically ordered for the purchase of the goods or services belonging to the Seller from the website with the domain name **www.moormobility.com**. The Buyer accepts and declares that they have knowledge of the basic characteristics, sales price, payment method, delivery conditions, etc., of the Product subject to sale, as well as the “Preliminary Information Form” and the “Right of Withdrawal” prepared in accordance with the Regulation regarding the goods/products/services subject to sale, that they have read and understood the Preliminary Information electronically, and subsequently placed the order for the Product. The “Preliminary Information Form” and the “Membership Agreement” on the payment page within the Site, and the invoice issued upon the creation of the order, are integral parts of this Agreement. By placing the order, the Buyer is deemed to have accepted all the terms of this Agreement. The Buyer accepts that the Seller is not responsible for price update errors arising from technical reasons and that the Product chosen by the Buyer on the Site may not be exactly the same as the product officially published on the Site, and may contain changes that do not affect the quality and expected benefit of the Product.
3.1. The description, unit amount, quantity, and payment terms of the Product(s) are stated below, and their basic characteristics (type, quantity, brand/model, color, number) are included on the relevant page where the product is listed and the order summary page on the website with the domain name **www.moormobility.com**. The Buyer is deemed to have accepted the matters they have been informed about.
3.2. The prices listed and announced on the site are the selling prices. Announced prices and promises are valid until they are updated and changed. Prices announced for a limited time are valid until the end of the specified period, and the Buyer accepts this in advance.
3.3. The sales price, including all taxes for the goods subject to the Agreement, is shown in the table below.
| Product | Quantity | Cash Price | Total (Including VAT) |
|---|---|---|---|
| Total Excluding Shipping: Product Price | |
| Shipping Fee: | |
| Installment Difference: | |
| Total Order Price: | |
| Payment Method and Plan: |
4.1. Since installment sales are made only with credit cards belonging to banks, the Buyer accepts, declares, and undertakes that they will separately confirm the relevant interest rates and default interest information from their bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the bank and the Buyer, in accordance with the provisions of the legislation in force. In installment transactions, the relevant provisions of the agreement signed between the Buyer and the card-issuing bank apply. The credit card payment date is determined by the provisions of the agreement between the bank and the Buyer. The Buyer can also monitor the number of installments and their payments from the account statement sent by the bank.
4.2 The Products are delivered packaged and sound, together with their invoice, to the delivery address specified by the Buyer or to the person/organization indicated at that address, within a maximum of **30 days** from the order date. However, the delivery period may be extended by an additional 10 days under the circumstances and conditions specified in Article 8.8 of this agreement. If the Seller fails to fulfill this obligation, the Buyer may terminate the agreement.
4.3. If the price of the goods or services is not paid by the Buyer for any reason, or if the payment made is canceled in the bank records, the Seller is deemed to be relieved of the obligation to deliver the goods or services. However, if the delivery of the goods or services has taken place during this process, the Buyer must return the product to the Seller in the condition in which they received it. In case the return of the Product is impossibility, the Buyer accepts and undertakes to pay the sales price of the product to the Seller, together with the legal interest and the expenses incurred by the Seller regarding the product (including but not limited to shipping costs). In this case, the shipping costs also belong to the Buyer.
4.4. In cases where the performance of the goods or services subject to the order becomes impossible, the Seller shall inform the Buyer within 3 (three) days from the date they learn of this situation and shall return all payments collected, including delivery costs, if any, to the Buyer within a maximum of 14 (fourteen) days from the date of notification.
4.5. If the Buyer requests the goods to be sent with a carrier other than the carrier determined by the Seller, the Seller is not responsible for any loss or damage that may occur from the moment the goods are delivered to the relevant carrier. In this case, the Buyer accepts and undertakes to pay the extra costs that the Seller is obliged to pay.
4.6. If the Product is to be delivered to another person indicated by the Buyer, the Seller is not responsible for the damages and expenses arising from this person’s late receipt and/or non-receipt of the product. The Buyer is obliged to check the Products upon delivery and immediately notify the Seller of any defects seen.
5.1. The Buyer, if the order is approved, shall be under the obligation to pay. The prices stated in this agreement are the selling prices. Announced prices and promises are valid until they are updated and changed. Prices announced for a limited time are valid until the end of the specified period.
5.2. The Seller is responsible for delivering the goods or services subject to the Agreement to the Buyer in accordance with the Buyer’s legislation, sound, complete, in accordance with the qualities specified in the order, and with warranty certificates and user manuals, if any.
5.3. The Seller, if they cannot deliver the goods subject to the contract within the time due to *force majeure* or extraordinary circumstances preventing transportation, is obliged to inform the Buyer within 3 (three) days from the date they learn of the situation.
6.1 The Buyer has the right to withdraw from the contract within **14 (fourteen) days** from the date of delivery of the Product subject to the Agreement to themselves and/or the person/organization at the address they indicated. To exercise the right of withdrawal, it is mandatory to apply to the Seller within this period via fax, e-mail, phone, or a permanent data carrier using the addresses and numbers stated above, and to return the product to the Seller within **10 (ten) days** in an unused, unopened package, with the label intact, undamaged, in its original condition as delivered, with its original box, packaging, standard accessories, and/or promotions, if any, complete and undamaged, in accordance with the provisions of the relevant legislation. In case this right is exercised, the Product price shall be returned to the Buyer’s Bank account within 14 (fourteen) days. Additionally, the Buyer can exercise their right of withdrawal by logging into the **www.moormobility.com** site. The burden of proof regarding the use of the right of withdrawal mentioned in this article belongs to the Buyer.
6.2 For the determination of the withdrawal period;
6.3 In the event of exercising the right of withdrawal, it is mandatory to send the original invoice along with the returned Product to the Seller. If the original invoice is not sent, VAT and other legal obligations, if any, will not be refunded. The shipping cost of the Product returned by exercising the right of withdrawal will be covered by the Seller if it is sent back with the cargo company announced by the Seller within the Site. For shipments with other cargo companies, the shipping cost will be paid by the Buyer.
6.4 The Seller is responsible for delivering the Product sound, complete, in accordance with the qualities specified in the order, and with warranty certificates and user manuals, if any.
6.5. As long as the Buyer sends the goods to be returned to the Seller with the Seller’s contracted cargo company specified in the Preliminary Information Form, the return shipping fee will not be charged to the Buyer. Otherwise, the Buyer is responsible for the return shipping fee and any damage the goods may incur during the shipping process.
6.7. If the right of withdrawal is not exercised within the legal period and in accordance with the procedure, the Buyer cannot benefit from the right of withdrawal.
(***)
8.1. The Buyer accepts, declares, and undertakes that they have read and been informed about the basic qualities, sales price, payment method, and preliminary information regarding the delivery of the product subject to the Agreement by the Seller before the establishment of the Distance Sales Agreement, and that they have given the necessary confirmation in the electronic environment.
8.2. The Seller cannot be held responsible for the non-delivery of the ordered product to the Buyer due to any problem encountered by the cargo company during the delivery to the Buyer.
8.3. The Products are delivered to the Buyer within the legally specified period (30 days). If the cargo company does not have a branch at the Buyer’s location, the Buyer must receive the product from another nearby branch of the cargo company notified by the Seller. The delivery date stated as “estimated delivery date” on the website is approximate, and this expression does not contain any commitment.
8.4. In the event that the Buyer is not present at the address at the time of the delivery of the Products, the Seller is deemed to have fulfilled their performance completely and fully. If there is no one at the address to receive the product(s), it will be the Buyer’s responsibility to contact the cargo company and track the shipment of the products. If the Product is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible for the non-presence or non-acceptance of the delivery by the person/organization to be delivered. In these cases, all damages arising from the Buyer’s late receipt of the product, as well as the expenses incurred due to the product waiting at the cargo company, being damaged, and/or the cargo being returned to the Seller, belong to the Buyer.
8.5. The Buyer is responsible for checking the product upon receipt and, if a problem is seen due to shipping, not accepting the product and having a report prepared by the cargo company official. Otherwise, the Seller will not accept responsibility.
8.6. Unless otherwise stipulated in writing by the Seller, the Buyer must have fully paid the price of the product before receiving it. In case the product price is not fully paid to the Seller before delivery in cash sales, or the installment amount due is not paid in installment sales, the Seller may unilaterally cancel the agreement and not deliver the product.
8.7. In the event that the delivery cannot be realized within the legal period of 30 days due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire, pandemic) or economic reasons such as a sudden increase in the foreign exchange rate, devaluation, including but not limited to a delay in the logistics activities of the product(s) subject to the Agreement, the delivery period may be extended by an additional 10 business days, provided that the Buyer is notified in writing or by a permanent data carrier beforehand. In this case, the Buyer accepts and undertakes in advance that the Seller has no liability and that the Buyer will not make any claim against the Seller due to this situation. The Buyer may, if they wish, cancel the order, order a similar product, or wait for the product to be delivered until the extraordinary situation is eliminated.
8.8. If the product price has been collected in case of order cancellations, it is returned to the Buyer. In credit card payments, the refund is made by refunding to the Buyer’s credit card, and the Product amount is returned to the relevant bank after the order is canceled by the Buyer; since the reflection of this amount on the Buyer’s accounts after the refund to the Bank is completely related to the Bank’s transaction process, the Buyer accepts in advance that it is not possible for the Seller to intervene in any way and assume responsibility for possible delays.
8.9. In the event that the Seller understands that the products subject to the contract cannot be supplied for a just cause other than extraordinary circumstances, the Seller may supply another good/service of equal quality and price by informing the Buyer within 3 (three) days from the date they learn of the situation and obtaining their consent, and is deemed to have fulfilled their commitment under the Agreement in this way. In cases where the Buyer does not give consent, the provisions regarding order cancellation apply.
8.10. The Seller is responsible for delivering the products sound, complete, in accordance with the qualities specified in the order, and with warranty certificates and user manuals, if any.
8.11. If the Seller understands that the products cannot be supplied for a just cause before the delivery period, they may supply a different product of equal quality and price by informing the Buyer and obtaining their written consent.
8.12. If the delivery of the products becomes impossible, the Seller informs the Buyer before the expiration of the performance obligation arising from the contract and returns the total price to the Buyer within 14 (fourteen) days.
8.13. If the product price is not paid for any reason or is canceled in the bank records, the Seller is deemed to be relieved of the obligation to deliver the product.
8.14. In the event that the price of the Products is not paid to the Seller for any reason, the Buyer shall return the products to the Seller within a maximum of 3 days from the Seller’s notification, with all costs belonging to them. All other contractual-legal rights of the Seller, including the follow-up of the product price receivable, are additionally and in any case reserved.
8.15. In the event that the Buyer and the credit card holder used during the order are not the same person, or 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 submit the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month, or a letter from the card holder’s bank stating that the credit card belongs to them. The order will be suspended during the period until the Buyer provides the information/documents subject to the request, and if the aforementioned requests are not met within 24 (twenty-four) hours, the Seller has the right to cancel the order.
8.16. If the relevant bank or financial institution does not pay the product price to the Seller due to the unauthorized, unfair, or unlawful use of the Buyer’s credit card by unauthorized persons after the delivery of the product, the Buyer is obliged to send the Product delivered to them to the Seller within 3 days, through the cargo company specified on the Site, in a usable and complete condition.
Turkish Law shall apply to this agreement, and in the resolution of disputes arising from this agreement between the parties and the implementation of the preliminary information form, the Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchased the goods or services and where they reside, up to the value announced by the Ministry of Industry and Trade, are authorized. In line with the lower and upper limits specified in Article 68, paragraph 1 of the Law on Consumer Protection No. 6502, the district/provincial consumer arbitration committees are authorized regarding consumer requests. The Istanbul Courts and Enforcement Offices are authorized regarding claims exceeding these limits.
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