DISTANCE SALES CONTRACT

This Agreement belongs to the SELLER, including the cases where the BUYER (“Consumer”) makes transactions with the application on his mobile device. It regulates the rights and obligations of the parties regarding the sale-delivery to the BUYER of the following products/services ("Product/Products") that the BUYER wishes to purchase by placing an order on the electronic commerce website ("Website" ) and other matters. After the BUYER approves this Agreement on the Website, the price and expenses of the Product(s) ordered will be collected via the payment method he/she chose.

1. PARTIES

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

1.1 BUYER INFORMATION

Name and surname : ………. (Hereinafter referred to as "BUYER" .)

Company name :

Address:
Telephone :
Email :

(BUYER's information comes to this field automatically from the payment information screen)

1.2 SELLER INFORMATION

Trade Name: MUYA Poliüretan Kauçuk San. and Tic. Inc. (Hereinafter referred to as "SELLER" .)

Mersis:
Address:
Telephone :
Fax :
Email :

(SELLER's information should appear in this field automatically)

In this Agreement, BUYER and SELLER will be referred to together as PARTIES.

 

2.DEFINITIONS

In the application and interpretation of this Agreement, the terms written below will refer to the written explanations opposite them.

Minister: TR Minister of Commerce,

Ministry: TR Ministry of Commerce,

Law: Law on Consumer Protection No. 6502,

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

SELLER: The company that offers products or services to the consumer within the scope of its commercial or professional activities,

BUYER: Real or legal person who acquires, uses or benefits from a product or service for commercial or non-professional purposes,

Orderer: The real or legal person who requests a product or service through the SELLER's website,

Parties: SELLER and BUYER,

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

Product: It refers to the movable goods subject to shopping or software, sound, image and similar intangible goods prepared for use in electronic environment.

Service: It refers to the subject of any consumer transaction other than providing goods that are made or promised to be done in return for a fee or benefit.

3. TOPIC

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

The prices listed and announced on the site are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.

By accepting this Agreement, the BUYER accepts in advance that if he approves the order subject to the contract, he will be obliged to pay the price subject to the order, taxes and additional service fees and that he has been informed about this.

4. CONTRACT SUBJECT PRODUCT, PRICE, PAYMENT AND DELIVERY

4.1 Product/service subject to contract:

The basic characteristics of the Goods/Products/Services (type, quantity, brand/model, color, quantity) are available on Muya's website. You can review the basic features of the product during the campaign.

 

The prices listed and announced on the site are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.

 

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

Product Description	Piece	Cash Price	Subtotal (VAT included)
shipping charges
Order Payment Total (VAT Included)

(This table should auto-fill from the payment overview screen)

4.2 Payment

 

Payment Method-Mean: (Credit Card / Credit Card or Cash Collection at the Door)
[Card Type Visa....
Card number ....
Payment Credit Card...
Installment/Single Payment by Credit Card .
Total amount ... ] :

(Payment plan comes automatically from the payment information page)

4.3. Delivery and Invoice

Delivery Information :
Name, Surname/Title:
Address:
Telephone :
Email :

Billing Information :
Name, Surname/Title:
Address:
Telephone :
Email :

5. GENERAL PROVISIONS

5.1. BUYER declares that he/she has read and informed the preliminary information uploaded by the SELLER regarding the basic characteristics of the goods or services subject to the Contract on the Website, the sales price and payment method, and the delivery and cargo cost, and has given the necessary confirmation electronically.

5.2. BUYER; As a consumer, he/she can submit his/her requests and complaints through the SELLER contact information above and/or the communication channels on the website. BUYER's; By confirming the Preliminary Information Form electronically, before the establishment of the Distance Sales Contract, the SELLER accepts that it has obtained the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information accurately and completely. , declares and undertakes.

5.3. BUYER accepts, declares and undertakes that people under the age of 18 cannot shop on the website, even if the product(s) intended for children are offered for sale, and that the SELLER will not be responsible in any way for any damages suffered by third parties due to ordering products in violation of this rule. The SELLER has the right to terminate the Agreement by canceling the order placed if it detects that this article has been violated.

5.4. Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address specified by the BUYER, depending on the distance of the BUYER's residence, provided that it does not exceed the legal period of 30 days. If the SELLER does not fulfill its obligation within this period, the BUYER may terminate the Contract. The delivery date stated on the website as "estimated delivery date" is stated as an estimate and this statement does not contain any commitment. These products will be delivered to the BUYER within 30 days at the latest as stated in the legislation. If the BUYER or the person to be delivered is not at the address at the time of delivery, the SELLER is not responsible for any damages and expenses arising from the BUYER's late receipt of the product and/or not receiving it at all.

5.5. SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, and the information and documents required for the job, free from all kinds of defects, in a sound manner in accordance with the requirements of legal legislation, in accordance with the standards, within the principles of accuracy and honesty. accepts, declares and undertakes to perform the work, to maintain and improve the quality of service, to show the necessary care and attention during the performance of the work, and to act with prudence and foresight.

5.6. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his express approval before the contractual performance obligation expires.

5.7. BUYER accepts that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and that if the price of the product subject to the contract is not paid for any reason and/or is canceled in the records of the bank or financial institution, the SELLER's obligation to deliver the product subject to the contract will end. declares and undertakes. BUYER accepts, declares and undertakes that the SELLER has no liability for payments made to the SELLER by the bank and/or financial institution, but for which a failure code was sent by the bank and/or financial institution for any reason.

5.8. If the price of the product subject to the Contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the Product subject to the Contract to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER shall He/she accepts, declares and undertakes that he/she will return the product in question to the SELLER within 3 days, at the expense of the BUYER.

5.9. BUYER will inspect the goods/services subject to the contract before receiving them; dents, broken, packaging torn, etc. Damaged and defective goods/services will not be received from the cargo company. The goods/services received will be deemed to be undamaged and intact. The BUYER is responsible for carefully protecting the goods/services after delivery. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.

5.10. Delivery costs of the goods belong to the BUYER unless there is a provision to the contrary. If the SELLER has declared on the website that the delivery fee will be covered by the SELLER, the delivery costs will be borne by the SELLER. Delivery of the goods is made if the SELLER's stock is available and within the promised time after the payment is made.

5.11. Circumstances that do not exist and cannot be foreseen at the time the Agreement is signed, 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 debts and responsibilities under the Agreement or to fulfill them on time, force majeure. will be considered as a reason. SELLER, force majeure (natural disasters, fire, explosions, civil wars, wars, riots, public movements, declaration of mobilization, strike, lockout and epidemics, problems arising from the internet system or service providers providing internet services, actions and transactions of competent authorities, stock If it cannot deliver the product(s) included in the Contract within the legal period of 30 (thirty) days due to (exhaustion, commercial impossibilities or extraordinary circumstances such as adverse weather conditions that prevent transportation, interruption of transportation), the BUYER is obliged to notify the situation to the BUYER. In this case, the BUYER may exercise one of the rights to cancel the order, replace the product(s) subject to the Contract with a comparable one, if any, and/or postpone the delivery period until the hindering situation disappears. If the BUYER cancels the order, the amount paid will be refunded to him within 14 (fourteen) days. BUYER warns that the average process for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER's account may take up to 2 to 3 weeks, and since the reflection of this amount to the BUYER's accounts after it is returned to the bank is entirely related to the bank transaction process, the BUYER should contact the SELLER for possible delays. accepts, declares and undertakes that it cannot be held responsible.

5.12. The SELLER reserves the right to freeze or terminate the order if it determines that the information provided by the BUYER does not correspond to reality. In such a case, the SELLER freezes the processing of the order if it cannot reach the BUYER via the telephone, e-mail or delivery address provided by the BUYER. The BUYER is expected to contact the SELLER regarding the issue during this period. If the BUYER does not contact the SELLER within this period, the order will be cancelled. If the order is cancelled, payments made by the BUYER, if any, will be refunded within 14 (fourteen) days. For payments made by credit card, the refund will be made to the credit card on which the payment was made. It is sufficient for the SELLER to make the payment and refund within this period, and the SELLER cannot be held responsible for the process of the payment being reflected by the bank.

5.13. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected in the credit card used in the order before the product is delivered to the BUYER, the SELLER will provide the identity and contact information of the credit card holder and the previous month's statement of the credit card used in the order. or may request the BUYER to submit a letter from the card holder's bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the said demands are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.

5.14. In case of non-ordered goods being sent, no rights can be asserted against the BUYER. In these cases, the BUYER's silence or use of the goods cannot be interpreted as a declaration of acceptance for the establishment of the contract.

5.15. BUYER declares and undertakes that the personal and other information provided while subscribing to the SELLER's website is accurate, and that the SELLER will compensate all damages that the SELLER may incur due to the untruth of this information, immediately, in cash and in lump sum, upon the first notification of the SELLER.

5.16. BUYER accepts and undertakes to comply with the legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will be entirely and exclusively binding on the BUYER.

5.17. SELLER's communication, marketing, has the right to reach the BUYER for notification and other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities towards him/her.

5.18. Links may be provided through the SELLER's website to other websites and/or other content that are not under the SELLER's control and/or owned and/or operated by other third parties. These links are provided to provide ease of navigation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.

5.19. SELLER shall keep information and documents regarding each transaction regarding its obligations regarding the right of withdrawal, information, delivery and other matters regulated under this Agreement for three years.

5.20. Some personal information of the BUYER included in the distance sales contract and preliminary information form (name-surname, telephone, TR ID number, address, e-mail, bank information, etc.); Carrying out our goods and/or service sales processes, carrying out customer support processes after sales of goods and/or services, ensuring customer relations management, carrying out our company's business activities, carrying out customer membership and contract processes, tracking requests/complaints, carrying out communication activities, financial limited and measured purposes for the purposes of carrying out and accounting affairs, carrying out and auditing business activities, carrying out storage and archive activities, carrying out advertising, campaigns and promotion processes, carrying out activities in accordance with the relevant legislation, providing information to authorized persons, institutions and organizations, and improving the products and services offered. It is processed as. The personal data in question is collected by the SELLER when it is "necessary for the establishment or execution of a contract" and "is mandatory for the data controller to fulfill its legal obligation" as stated in KVKK article 5(2)(ç) and KVKK article 5(2)(f) It is processed and preserved as the data controller based on the legal reasons stated in the "Data processing is mandatory for the legitimate interests of the data controller" . BUYER's personal data will only be retained by the SELLER for the period stipulated in the relevant legislation or after that, it will be destroyed by deletion, destruction or anonymization in accordance with the relevant legislation.

SELLER may provide information such as name-surname, telephone number, TR Identity Number, address, e-mail address, date of birth requested during the shopping phase, beyond the purpose and scope determined by this contract; "It is necessary for the establishment or execution of a contract" as stated in Article 5(2)(c) of the Personal Data Protection Law ; "It is mandatory for the data controller to fulfill its legal obligation" as specified in KVKK Article 5(2)(ç) and KVKK It may use it to contact the BUYER when necessary, store or process this information, based on the legal reasons "data processing is mandatory for the legitimate interests of the data controller" specified in Article 5(2)(f) and/or to legal entities, authorized public institutions and organizations, and independent audit companies.

BUYER; By applying to the data controller SELLER within the scope of the Law at any time; To learn whether personal data belonging to one's personal data is being processed, to request information about processed personal data, if any, to learn the purpose of processing of personal data and whether these data are used in accordance with the purpose, to know the third parties to whom personal data are transferred, to correct errors in personal data and, if transfer has been made, to obtain this information from the relevant third party. To request correction, to request the deletion, destruction or anonymization of personal data in case the reasons requiring the processing of personal data are eliminated, and if a transfer has been made, to request that this request be forwarded to the transferred third party, to object to a negative result regarding the person as a result of the processed data, If damage occurs due to illegal data processing, the person has the right to claim damages within the framework of the law.

5.21. The SELLER's communication, notification and has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities towards him/her.

5.22. The member who violates one or more of the articles listed in this contract will be personally and criminally and legally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Moreover; If the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.

6. RIGHT OF WITHDRAWAL

6.1. BUYER; In case the distance contract is related to the sale of goods, the person may exercise his right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to himself or to the person/organization at the address indicated, without assuming any legal or criminal liability and without giving any justification, provided that he notifies the SELLER. In distance contracts for service provision, this period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the approval of the consumer before the right of withdrawal expires. Expenses arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER accepts in advance that he has been informed about the right of withdrawal.

6.2. In order to exercise the right of withdrawal, written notification must be made to the SELLER by 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 set out in this contract. If this right is exercised,

3. a) The invoice of the product delivered to the third 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 when returning it. Order returns whose invoice is issued on behalf of institutions cannot be completed unless the RETURN INVOICE is issued.)
4. b) Return form,
5. c) The products to be returned must be delivered complete and undamaged, along with their box, packaging and standard accessories, if any.
6. d) The SELLER is obliged to return the total price and the documents that put the BUYER in debt to the BUYER within a period of 10 days at the latest after receiving the notice of withdrawal, and to receive the goods back within 20 days.
7. e) If there is a decrease in the value of the goods or a return becomes impossible due to a reason arising from the BUYER's fault, the BUYER is obliged to compensate the SELLER's damages in proportion to the fault. However, the BUYER is not responsible for any changes or deteriorations that occur due to the improper use of the goods or product within the right of withdrawal period.
8. f) If the campaign limit amount set by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.

6.3. Underwear bottoms, swimsuits and bikini bottoms, make-up materials, disposable products, goods prepared in line with the BUYER's request or clearly personal needs and that cannot be sent back, goods that are in danger of rapid deterioration or that may expire, are delivered to the BUYER. Products that are not suitable for health and hygiene to be returned if their packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement, instant fulfillment in the electronic environment In accordance with the Regulation, it is not possible to return the services provided or intangible goods delivered immediately to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER. In addition, it is not possible to exercise the right of withdrawal regarding services that started to be performed with the approval of the consumer before the right of withdrawal expires, in accordance with the Regulation.

Cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) must be returned in unopened, untested, intact packaging. and they must be unused.

7. DEFAULT AND LEGAL CONSEQUENCES

BUYER accepts, declares and undertakes that in case of default when making payment transactions by credit card, he will pay interest within the framework of the credit card agreement between the cardholder and the bank and will be responsible to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney's fees incurred from the BUYER, and in any case, in case of default due to the BUYER's debt, the BUYER accepts, declares and undertakes to pay the loss and damage suffered by the SELLER due to the delayed performance of the debt.

13. APPLICABLE LAW AND DISPUTE RESOLUTION

Turkish Law shall apply in case of the implementation and interpretation of this Agreement and any dispute arising from this Agreement.

BUYER has the right to apply to Consumer Arbitration Committees up to the value declared by the Ministry of Customs and Trade in resolving disputes within the scope of Law No. 6502 regarding the implementation of this Agreement, and to Istanbul Consumer Courts in resolving disputes exceeding this value.

14. FORCE

When the BUYER makes the payment for the order placed on the Site, he/she is deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is placed.

SALES PERSON:

BUYER:

HISTORY: