DISTANCE SALES AGREEMENT
DISTANCE SALES CONTRACT
AÍLA OFFICIAL
ARTICLE 1 - PARTIES
1.1. SELLER
Name: Moon Advertising Production Organization Ltd. Co.
Address: Meşrutiyet Mahallesi, Rumeli Caddesi, Emel Palas Apt. No : 36-38 D.14 Şişli / İstanbul
Phone: +90 536 706 29 72
Email : business.info.aila@gmail.com
1.2. BUYER
Name – surname:
Turkish ID Number:
Address:
Telephone:
Email:
ARTICLE 2 – SUBJECT
The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts, in relation to the sale and delivery of the product, the features and sales price of which are specified below , which the BUYER ordered electronically from the SELLER's website www.ailaofficial.com .
The Buyer accepts and declares that he/she has been informed by the Seller in a clear, understandable and internet-friendly manner, in accordance with the provisions of this contract, about the Seller's name, title, full address, telephone and other contact information, the basic characteristics of the goods sold, the sales price including taxes, payment method, delivery conditions and expenses , etc. , all preliminary information about the goods sold, the use of the right of "withdrawal" and how to use this right, the official authorities to whom he / she can submit complaints and objections , etc. , and that he / she has confirmed this preliminary information electronically and has subsequently ordered the goods .
The preliminary information on the website www.ailaofficial.com and the invoice issued upon the order placed by the buyer are integral parts of this agreement .
ARTICLE 3 – CONTRACTUAL PRODUCT / PAYMENT / DELIVERY INFORMATION
The type and kind of product(s), quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information, and shipping cost of the product(s) purchased electronically are as follows . The person to be invoiced must be the same person who made the contract. The information below must be accurate and complete. The buyer agrees to fully cover any damages arising from inaccuracies or incompleteness of this information and further accepts all liability that may arise from this situation.
SELLER reserves the right to suspend the order if it deems necessary and if the information provided by the BUYER does not match the facts . If SELLER detects a problem with the order and cannot reach the BUYER at the phone number, email, or postal address provided by the BUYER, SELLER will suspend the execution of the order for 15 (fifteen ) days. The BUYER is expected to contact the SELLER regarding the issue within this period . If no response is received from the BUYER within this period, SELLER will cancel the order to prevent damages to both parties .
Product(s) Purchased:
Name, code: … piece
Total Sales Price : ….-TL
Payment Method : Credit Card/Bank Transfer (EFT)
Person to be Delivered :
Phone Number:
Delivery Address:
Person /Institution to be Invoiced :
Billing Address:
Tax Office:
Tax Registration Number:
Shipping Fee: … -TL
ARTICLE 4 – CONTRACT DATE AND FORCE MAJEURE
The contract date is the date ../../…. on which the order is placed by the buyer .
Circumstances that do not exist or are unforeseen at the time the contract is signed, that develop beyond the control of the parties , and that make it impossible for one or both parties to partially or fully fulfill their obligations and responsibilities undertaken under the contract , or to fulfill them on time, will be considered force majeure (natural disaster , war , terrorism, riot, changing legislative provisions , seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party in whose person the force majeure event occurs must notify the other party immediately and in writing of the situation.
During the continuation of force majeure, the parties will not be held liable for any failure to perform their obligations . If this force majeure continues for 30 (thirty) days, each party will have the right to unilateral termination .
ARTICLE 5 – RIGHTS AND LIABILITIES OF THE SELLER
5.1. The Seller accepts and undertakes to fully perform the obligations assigned to it in the contract , except for force majeure situations , in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts .
5.2. Persons under the age of 18 (eighteen) cannot shop at www.ailaofficial.com . The seller will assume that the age stated by the buyer in the contract is correct. However, the seller will not be held responsible in any way if the buyer provides an incorrect age .
5.2 www.ailaofficial.com is not responsible for pricing errors resulting from system errors . Therefore, the seller is not responsible for advertising or pricing errors that may occur due to the system, design, or illegal interventions on the website . The buyer cannot claim rights from the seller based on system errors.
5.3. You can make purchases at www.ailaofficial.com by credit card (Visa, MasterCard, etc.) or bank transfer . Orders for which the transfer is not made within one week of the order date will be canceled. The time the order is processed is not the time the order is placed , but the time the necessary collection from the credit card account is made or the transfer (EFT) reaches the bank account . Payment methods such as paid shipment or postal checks that are made without consultation with customer services will not be accepted.
ARTICLE E6 – RIGHTS AND LIABILITIES OF THE BUYER
6.1. The Buyer accepts and undertakes to fully perform the obligations assigned to it in the contract, except for force majeure reasons .
6.2. The Buyer accepts and undertakes that by placing an order, he /she is deemed to have accepted the terms of the business contract and that he/she will make the payment in accordance with the payment method specified in the contract .
6.3. The Buyer accepts and declares that he/she has received information in a clear, understandable and online format on the www.ailaofficial.com website regarding the name, title, full address, telephone and other contact information of the seller , the basic characteristics of the goods sold, the sales price including taxes , payment method, delivery conditions and costs, etc., all preliminary information regarding the goods sold, the use of the right of withdrawal and how to use this right, the official authorities to whom he/she can submit his/her complaints and objections, etc., and that he /she has confirmed this preliminary information electronically .
6.4. In accordance with the previous article , the Buyer declares that he/she has read and is aware of the www.ailaofficial.com order/payment/usage procedure information, which includes the product order and payment conditions , product usage instructions, precautions taken against possible situations and warnings, and that he /she has given the necessary confirmation electronically .
6.5. If the Buyer wishes to return the purchased product, he /she accepts and undertakes not to damage the product or its packaging in any way and to return the original invoice and delivery note at the time of return.
ARTICLE 7 – ORDER AND PAYMENT PROCEDURE
Order :
After the VAT-inclusive Turkish Lira amount ( total installment amounts for installment transactions ) of the products added to the shopping cart is approved by the buyer, the transaction is processed via the POS terminal of the relevant bank card . Therefore , an order confirmation email is sent to the customer before orders are shipped . Shipment will not be made until the Order Confirmation email is sent.
Any disruptions in the process or problems that may arise with the credit card will be notified to the buyer via one or more of the phone, fax, or email methods specified in the contract . If necessary, the buyer may be asked to contact their bank . The time orders are processed is not the time the order is placed , but the time it is determined that the necessary credit card payment has been made or that the transfer (EFT) has reached the seller 's account .
In the event that it is understood that the goods subject to the contract cannot be supplied due to a justified reason and/or a stock problem is encountered , the buyer may be immediately informed in a clear and understandable manner and given his/her approval, and another good of equal quality and price may be sent to the buyer , or , in line with the buyer's wish and choice , another new product may be sent, the product may be waited for to be in stock or for another obstacle to delivery to be eliminated and/or the order may be cancelled.
If the obligation to deliver the goods becomes impossible, the buyer will be notified of the situation, and the total price paid and any documents that impose a liability will be returned to the buyer within ten days at the latest, and the contract will be cancelled. In such a case, the buyer will not have any claim against the seller for any additional material or moral damages.
Payment:
www.ailaofficial.com offers cash transfer options for buyers who prefer not to use their credit card information online . When paying by transfer, the buyer can choose the bank most convenient for them and make the transfer. If an EFT is made , the date of the transfer will be taken into account. When making a transfer and/or EFT, the "Sender Information" must match the Invoice Information and include the order number .
If , after delivery of the product, the relevant bank or financial institution fails to pay the Seller the price of the product due to the unfair or illegal use of the Buyer's credit card by unauthorized persons not due to the Buyer's fault , the Buyer is obligated to return the delivered product to the Seller within 10 days. In such cases, shipping costs are the Buyer's responsibility.
If the Buyer has chosen to pay by credit card, the BUYER accepts, declares and undertakes that he/she will separately confirm the relevant interest rates and default interest information with his/her bank , and that the provisions regarding the fine 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.
ARTICLE 8 – SHIPMENT AND DELIVERY PROCEDURE
Shipping:
Once the order confirmation e -mail is sent, the product(s) are delivered to the cargo company that the seller has an agreement with .
Delivery:
The product(s) will be delivered to the buyer's address via the courier service agreed upon by the seller. The delivery period is 10 days from the date the order confirmation email is sent and the contract is established. This period may be extended by a maximum of ten days, provided the buyer is notified in advance in writing or via a continuous data carrier .
Products are sent to areas where cargo companies do not deliver to addresses with a phone call notification.
In regions where the Cargo Company delivers once a week , the specified delivery time may be delayed due to inaccuracies or omissions in the shipping information, as well as certain social events and natural disasters. The buyer cannot hold the seller responsible for these delays. If the product is to be delivered to a person/organization other than the Buyer, the seller is not responsible for any additional shipping costs that may arise due to the delivery person / organization 's refusal to accept delivery , inaccuracies in the shipping information, and /or the Buyer's absence . If the product(s) have not arrived within the specified days , delivery problems should be reported immediately to customer service using the email address business.info.aila@gmail.com .
In the event of a damaged package, the damaged package should not be accepted, and a report should be filed with the Cargo Company representative. If the Cargo Company representative determines that the package is not damaged , the Buyer has the right to have the package opened on-site, to verify that the products were delivered undamaged, and to request a report documenting the situation. Once the Buyer receives the package, the Cargo Company is deemed to have fulfilled its duty . If the package is not accepted and a report is filed , the situation should be reported to the Seller's Customer Service as soon as possible, along with the Buyer's copy of the report .
ARTICLE 9 – PROCEDURES REGARDING PRODUCT RETURN AND RIGHTS OF WITHDRAWAL
Product Returns :
The buyer has the right to withdraw from the contract within seven days of receiving the goods if there is a defect in the product. In accordance with the General Communiqué of Tax Procedural Law No. 385, in order to process a return , the buyer must completely and accurately complete the return sections at the bottom of two invoices from the seller delivered with the goods, sign them, and return one copy to the seller along with the goods . The right of withdrawal period begins on the day the goods are delivered to the buyer . The return shipping costs of the returned product(s) must be covered by the buyer .
The right of withdrawal does not apply to goods that are prepared in accordance with the buyer's wishes and/or clearly in line with his personal needs .
If the buyer exercises his right of withdrawal, the seller will refund the total price received and any documents that put the consumer in debt, if any, within ten days at the latest from the date the invoice containing the notice of withdrawal reaches the seller along with the product, without charging any cost to the consumer.
A decrease in the value of the goods received or the existence of a reason that makes return impossible does not prevent the exercise of the right of withdrawal . However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the seller must compensate the seller for the value of the goods or the decrease in value .
The general return period for any product purchased by mistake is 14 days. During this period, returns of products that have been opened , used , damaged, or similarly damaged will not be accepted. Returns must be made in the original packaging.
If any opening, deterioration, breakage, destruction, tearing, use or other conditions are detected on the product or its packaging purchased by mistake and if the product cannot be returned in the same condition as when it was delivered to the buyer, the product will not be accepted for return and the price will not be refunded.
For product returns, the situation must be reported to customer service first . Information about the product being returned will be provided to the customer by the seller . Following this communication, the product, along with an invoice containing the return information, must be delivered to the seller via the courier company that delivered the product to the buyer's address . If the returned product reaches the seller and meets the conditions specified in this agreement , it will be considered a return, and the refund will be made to the buyer's credit card/account. No refunds will be made until the product is returned. The time it takes for refunds made to credit cards to be reflected in credit card accounts is at the discretion of the relevant bank.
If the purchase was made by credit card and in installments , the credit card refund procedure will be applied as follows : The Bank will reimburse the Buyer in installments, based on the number of installments requested by the Buyer. After the Seller pays the Bank the full price of the product in one lump sum, the Bank will transfer the requested refund amounts to the Buyer's accounts in installments to prevent any parties involved from being held liable in the event that installment payments made through Bank POS are refunded to the Buyer's credit card. The Buyer's installment amounts paid up to the date of the sale cancellation will be reflected in one ( 1 ) refund on the card each month, unless the refund date coincides with the card's statement date. The Buyer will receive the installments paid before the refund for an additional month after the sale 's installments are paid, equal to the number of installments paid before the refund , and will be deducted from their existing debt .
In the case of a return of goods and services purchased with a card, the seller cannot pay the buyer in cash, as per the agreement with the Bank . In the event of a return, the merchant , that is , the seller , will process the refund through the relevant software . Since the merchant , that is, the seller, is obligated to pay the relevant amount to the Bank in cash or as an offset, cash payments cannot be made to the buyer as per the procedure detailed above . Refunds to credit cards will be made by the Bank in accordance with the procedure described above, after the buyer makes a single payment to the Bank .