Distance Sales Agreement
ARTICLE 1- PARTIES
1.1- SELLER:
Title : İpekyolu Bitkisel Ürünler Pazarlama Anonim Şirketi
Address : Güzelyalı mah. Erdil sok. No:28/A Pendik/İstanbul
E-mail: info@ipekyolupazarlama.com
1.2- BUYER:
All members: All buyers who sign up to the online store of the company İpekyolu Bitkisel Ürünler Pazarlama Anonim Şirketi at www.momordica.com.tr and make a purchase. (Hereinafter referred to as the BUYER).
ARTICLE 2- SUBJECT
The Type, Quantity, Brand/Model, Color, Number, Sale Price and Payment Method of the Good/Product or Service are as stated on the site, and these promises are subject to change without prior notice to the buyer.
ARTICLE 3- GENERAL PROVISIONS
3.1– The BUYER declares that they have read and are informed about the basic characteristics, sale price, payment method, and preliminary information regarding the delivery of the product subject to the contract on the website of İpekyolu Bitkisel Ürünler Pazarlama Anonim Şirketi, and have provided the necessary confirmation in the electronic environment.
3.2– The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by them within the period described in the preliminary information on the website, depending on the distance of the BUYER's settlement, provided that it does not exceed the legal 30-day period.
3.3– If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered to refuses the delivery.
3.4– The SELLER is responsible for the delivery of the product subject to the contract in sound, complete condition, and in accordance with the specifications stated in the order.
3.5– For the delivery of the product subject to the contract, it is required that the signed copy of this contract has been delivered to the SELLER and the price has been paid via the payment method preferred by the BUYER. If for any reason the product price is not paid or is canceled in the bank records, the SELLER shall be deemed to be released from the obligation to deliver the product.
3.6– In the event that the relevant bank or financial institution does not pay the product price to the SELLER due to the unauthorized or unlawful use of the BUYER's credit card by unauthorized persons after the delivery of the product, which is not due to the fault of the BUYER, it is mandatory for the product to be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs belong to the BUYER.
3.7– If the SELLER cannot deliver the product subject to the contract within the time limit due to force majeure or extraordinary circumstances such as weather conditions that prevent transportation or interruption of transport, the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER may exercise one of the rights to cancel the order, replace the product subject to the contract with its equivalent if available, and/or postpone the delivery time until the blocking situation is removed. In case the BUYER cancels the order, the amount paid shall be returned to them in cash and in full within 10 days. In such a case, the SELLER cannot be held responsible for delays caused by the relevant bank.
3.8– This contract becomes valid after being electronically confirmed by the buyer (after the membership is completed).
ARTICLE 4- RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within 14 days from the delivery of the product subject to the contract to themselves or to the person/organization at the address indicated by them. In order to exercise the right of withdrawal, it is mandatory to notify the SELLER via fax, email, or telephone within this period, and the product must not have been used in accordance with the provisions of Article 6. Returns of products whose original box/packaging has been damaged, that have lost their resaleability, and that cannot be purchased by another customer, will not be accepted. Products sent in this manner will not be accepted by the SELLER and no refund will be made. Furthermore, the right of withdrawal cannot be exercised for products that deteriorate rapidly by their nature or have expired. Products sent in accordance with cold chain rules during shipment must also be protected in the same way and must be sent back to cargo in a manner that does not break the cold chain. In the event this right is exercised, it is mandatory to return the original invoice along with a copy of the cargo delivery receipt proving that the product delivered to the 3rd party or the BUYER was sent to the SELLER.
In the event of exercising this right,
a) The invoice of the product delivered to the 3rd 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. Returns of orders whose invoices are issued on behalf of institutions will not be completed if an INVOICE FOR RETURN is not issued)
b) Return form,
c) The products to be returned must be delivered completely and undamaged, together with their box, packaging, and if any, standard accessories.
d) The SELLER is obliged to return the total price and the documents that put the buyer under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification, and to take back the goods within 20 days.
If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The cargo cost of the product returned due to the exercise of the right of withdrawal arising from the law shall be covered by the SELLER.
Warranty and Return Conditions
Always check all products during cargo delivery. If you see any damage, do not take delivery of the product by having a report drawn up. Please do not forget that the cargo company has also fully fulfilled its responsibility for the delivered products.
In case a defective or incorrect product reaches you in your order, you can use your right to return and exchange. However, pursuant to the Turkish Commercial Code (TTK), there is no right of withdrawal for food items, beverages, or other daily consumption goods. In case of any situation regarding your order that bothers you, you can reach us at the info@momordica.com.tr email address.
You can return the product you have purchased without opening its packaging, without destroying it, without using the product, and in a way that will not prevent its resale, in the form it was delivered to you within a fourteen (14) day period from the date of delivery. No refund of the shipping cost will be made in product return transactions. If the defect in the ordered product is caused by customer usage, or if the product has been used within the 14-day period, the product cannot be returned or exchanged. Practices in accordance with the Law on the Protection of Consumers No. 4077 are essential as conditions for product return and exchange.
ARTICLE 5- AUTHORIZED COURT
In the implementation of this contract, Consumer Arbitration Committees up to the value declared by the Ministry of Industry and Trade, and Consumer Courts at the settlement of the BUYER or SELLER are authorized.
In case the order is realized, the BUYER is deemed to have accepted all terms of this contract.
SELLER
İpekyolu Bitkisel Ürünler Pazarlama Anonim Şirketi
BUYER
All buyers who sign up to the online store of the company İpekyolu Bitkisel Ürünler Pazarlama Anonim Şirketi at www.momordica.com.tr and make a purchase