Distance Selling Agreement

DISTANCE SALES CONTRACT


ARTICLE 1- PARTIES;

A)SELLER;


Title: UĞURLAR GRUP TEKSTİL KONFEKSİYON A.Ş.

Address: Orhanbey Mah. Ataturk Cad. No.57 Osmangazi / BURSA
Phone: 224 221 76 02 

Mersis Number: 0887-0007-2840-0015

Cap: ugurlargrup@hs01.kep.tr

E-mail: online@ugurlargrup.com

B) BUYER (CONSUMER)

Name and surname  :

Turkish Identity Number :

address  :

Tel No.  :

E-mail  :

ARTICLE 2- SUBJECT;


The subject of this contract is the CONSUMER's www.monalure.com It is to determine the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502, regarding the sale and delivery of the product whose qualifications and sales price are specified below, ordered electronically from the website.


ARTICLE 3- INFORMATION CONCERNING THE PRODUCT, PAYMENT AND DELIVERY SUBJECT TO THE CONTRACT

3.1 - Name, quantity, sales price including VAT, payment method and basic characteristics of the goods or services subject to the contract

 Product

Piece

Subtotal + VAT

........................

............

..........................

Delivery address:

To whom it will be delivered:

Total:

3.2- The Buyer acknowledges that he/she is informed about the type and type, code, quantity, brand/model, sales price, payment method, person who will receive delivery, delivery address, invoice information and shipping fee of the Product(s) purchased electronically before the payment is made and that he/she provides this information. acknowledges and declares that it approves. The person to be invoiced and the person making the contract must be the same.


3.3- Payment Method; In the above section, how many installments of the total order to be delivered to your bank? 

There is information that it will be paid.


By organizing campaigns, your bank may apply a higher number of installments than the number of installments you have chosen, and services such as installment postponement may be offered. Such campaigns are at the discretion of your bank, and if our company is aware of them, information about the campaigns is provided on our pages.

Starting from the statement date of your credit card, the order total will be divided by the number of installments and reflected in your credit card statement by your bank. The bank may not distribute the installment amounts evenly over the months, taking into account the fractional differences. Creating your detailed payment plan is at the discretion of your bank.


3.4- On the other hand, since deferred sales are made only with credit cards belonging to banks, the CONSUMER will also confirm the relevant interest rates and information regarding default interest from his bank, and in accordance with the provisions of the legislation in force, the provisions regarding interest and default interest will not be included in the credit card agreement between the Bank and the CONSUMER. accepts, declares and undertakes that it will be implemented within the scope of


In addition, since the Credit sales opportunity is provided by the Banks only to the CONSUMER, who is a Bank Customer, the CONSUMER will also confirm the relevant interest rates and information regarding the default interest from his bank, and in accordance with the provisions of the legislation in force, the provisions regarding interest and default interest will be made instantly between the Bank and the CONSUMER. /Accepts, declares and undertakes that it will be applied within the scope of the Distance Shopping Credit agreement. It is your bank's discretion to grant credit and create your detailed payment plan.

3.5- The delivery will be delivered to the CONSUMER's address specified above, via the contracted cargo company. Even if the CONSUMER is not at his address at the time of delivery, our Company will be deemed to have fulfilled its obligation fully and completely. Therefore, the SELLER is not responsible for any damages and expenses arising from the CONSUMER receiving the product late and/or not receiving it at all. SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.



ARTICLE 4 – RETURN PROCEDURE;


In cases where the CONSUMER exercises his right of withdrawal, or in cases where the product subject to the order cannot be supplied for various reasons, or in cases where a refund is decided to the CONSUMER by the decisions of the arbitral tribunal, the refund procedure regarding the payment options is stated below:


a) Return Procedure for Credit Card Payment Options


The SELLER is obliged to return all payments collected, including the delivery costs of the goods to the consumer, if any, within fourteen days from the date of receipt of the notification that the BUYER has exercised his right of withdrawal. The refund is made in one go, in accordance with the payment instrument used by the BUYER when purchasing, without incurring any costs to the BUYER. The reflection of this amount on the BUYER's accounts after it is returned to the bank is entirely related to the banks' process, and it is not possible for the SELLER to intervene in this regard in any way.


CONSUMER acknowledges and undertakes that he has read and accepted this procedure.


b) Return Procedure for Money Transfer/EFT Payment Options

The refund will be made by wire transfer and EFT to the account specified by the CONSUMER (the account must be in the name of the person at the billing address or in the name of the user member) by requesting bank account information from the CONSUMER.

SELLER pays the bank the entire price of the product at once.


In case of return of goods and services purchased via money order/EFT, the SELLER cannot pay the CONSUMER in cash, in accordance with the contract made with the Bank. In case of a refund, the SELLER will make the refund through the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or as an offset, cash payment cannot be made to the CONSUMER in accordance with the procedure we have explained above.

CONSUMER acknowledges and undertakes that he has read and accepted this procedure.



ARTICLE 5 - RIGHT OF WITHDRAWAL AND TERMS OF USE;


5.1- The CONSUMER has the right to withdraw from this Distance Sales Agreement signed with the SELLER within 14 (fourteen) days without giving any reason and without paying any penalty. The right of withdrawal period is the day the contract was established in contracts regarding the performance of services; In contracts regarding the delivery of goods, it starts on the day the CONSUMER or the third party designated by the CONSUMER receives the goods. However, the CONSUMER may also exercise his right of withdrawal within the period from the conclusion of the contract to the delivery of the goods. In determining the period of right of withdrawal;


a) For goods that are subject to a single order and delivered separately, the day when the CONSUMER or the third party designated by the CONSUMER receives the last good,


b) In case of goods consisting of more than one piece, the day when the CONSUMER or the third party determined by the CONSUMER receives the last piece,


c) In contracts where regular delivery of goods is made for a certain period of time, the day when the CONSUMER or the third party determined by the CONSUMER receives the first goods is taken as basis.


5.2 -The consumer cannot use the right of withdrawal in the following contracts:


a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the SELLER or the provider.


b) Contracts regarding goods prepared in line with the wishes or personal needs of the consumer.

c) Contracts for the delivery of goods that can quickly deteriorate or expire.

ç) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene.

d) Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature.


e) Contracts regarding books, digital content and computer consumables presented in tangible form, provided that the protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods.


f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.


g) Contracts regarding the use of free time for accommodation, goods transportation, car rental, food and beverage supply and entertainment or recreation, which must be made on a certain date or period.


g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the CONSUMER.


h) Contracts regarding services whose performance started with the approval of the CONSUMER before the right of withdrawal expires.

5.3 – Other Provisions Regarding the Exercise of the Right of Withdrawal;

a) The Buyer must notify the Seller that he has exercised his right of withdrawal, in writing or via a permanent data storage device, within the period specified above, as follows.

b) If the right of withdrawal is exercised before the products are delivered to the cargo company to be delivered to the Buyer, the Buyer can make the necessary notification through the Seller's number 0224 221 76 00.

c) If the right of withdrawal is exercised following the delivery of the products to the cargo company to be delivered to the Buyer, the Buyer shall return the Products along with the invoice, in a written notification or permanent data storage, complete and undamaged, with the box, packaging and standard accessories, if any, as stated by the Seller. will forward it to the company. For product returns whose invoice is issued in the name of institutions, a return invoice must be issued.

D) If the right of withdrawal is exercised, the Buyer is obliged to return the Product(s) to the Seller within ten (10) days at the latest from the date on which the notice of withdrawal is directed to the Seller. The shipping cost of the returned Product will be covered by the Seller, provided that the Seller's contracted cargo company is used.

to) Provided that the right of withdrawal is fulfilled by the Buyer in a timely and proper manner, the Seller shall, within 14 days from the date of receipt of the notice of withdrawal, make all payments collected, including the price of the Product and the costs of delivery of the goods to the consumer, if any, through the payment used by the Buyer when purchasing the Product. will return it to the Buyer in accordance with the vehicle. Delivery costs collected from the Customer will be covered by the Seller only if all products subject to the same order are returned.

f) In cases of legal withdrawal and other order-contract cancellations, the Seller will be entitled to a discount on the Product price and/or any reward points, etc., if any, from the Buyer. The rights to collect and offset monetary values ​​are reserved.

g) In cases where the right of withdrawal is not provided for by law, the right of withdrawal cannot be exercised, and in cases where this right is not exercised duly or on time, the Buyer loses his right of withdrawal.

h) If there is more than one product in the order placed by the Buyer and the Buyer wants to return some of these products, the Buyer may exercise his right of withdrawal regarding these products only after the product is delivered to him. Products sold in the Seller's retail stores or online are not refundable.


ARTICLE 6 - GENERAL PROVISIONS


6.1- CONSUMER, www.monalure.com He declares that he has read the preliminary information regarding the product subject to the contract on the website and has given the necessary confirmation electronically.

6.2- The product will be delivered within 30 days from the contract date at the latest. All responsibility belongs to the SELLER until the moment of delivery of the product.


6.3- If the product subject to the contract is to be delivered to a person/organization other than the CONSUMER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.


6.4- The SELLER is responsible for the delivery of the product subject to the contract, intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.


6.5- For the delivery of the product subject to the contract, the price of this contract must be paid with the payment method preferred by the CONSUMER. If the product price is not paid for any reason or is canceled in bank records, the SELLER is deemed to be free from the obligation to deliver the product.


6.6- After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or unlawful use of the CONSUMER's credit card by unauthorized persons, which is not due to the CONSUMER's fault, the product will be delivered to the CONSUMER himself or a relative. It is mandatory for the product to be sent to the SELLER.


6.7- In order for the refund to be made in accordance with the general communiqué of the Tax Procedure Law No. 385, the relevant sections of the invoice with a refund section that we have sent to you must be filled in completely and sent back to us together with the product after signing.

ARTICLE 7- EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES;

7.1- If the BUYER defaults on the transactions made with his credit card, the card holder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action, request the expenses and attorney fees incurred from the BUYER, and in any case, in case of default due to the BUYER's debt, the BUYER will be responsible for the damage and loss suffered by the SELLER due to the delayed performance of the BUYER's debt.

ARTICLE 8 – FORCE MAJEURE;

8.1- Force majeure (natural disaster, war) is a situation that does not exist or was not foreseen at the time the contract was signed, develops beyond the control of the parties, and makes it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities under the contract or to fulfill them on time. , terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party where force majeure occurs will notify the other party immediately and in writing.

8.2 During the continuation of the force majeure, the parties will not have any liability due to their failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.


ARTICLE 9- DISPUTES AND COMPETENT COURT;


9.1 - In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined and announced annually by the Ministry of Customs and Trade in accordance with the law, and Consumer Courts are authorized in cases exceeding these limits. In this context, the BUYER may apply to the Arbitration Committees and Consumer Courts in his or, if he wishes, the Seller's place of residence.

ARTICLE -10 ENFORCEMENT;

a) This Agreement, consisting of 10 articles, has been read by the Parties and has been concluded and entered into force by being approved electronically by the BUYER on the transaction date. A copy of the contract is available in the BUYER's membership account and can also be sent by e-mail upon request.

The Buyer acknowledges that he/she has read all the conditions and explanations written in this Agreement and in the Order-Contract Preliminary Information which forms an integral part of the Website, the basic features of the Product(s) subject to sale, sales price, payment method, that he/she has prior knowledge of all issues, including delivery conditions, all other preliminary information-information regarding the Seller and the Product subject to sale, and the right of withdrawal and personal information, that he/she has seen, read, accepted the contents of all of them electronically on the Website, and that he/she has all these in electronic form. By giving confirmation-approval-acceptance-permission, he accepts and declares that he accepts the provisions of this Agreement by ordering the Product.



SALES PERSON:  UĞURLAR GRUP TEKSTİL KONFEKSİYON A.Ş.
BUYER("CONSUMER")