ARTICLE 1: PARTIES
Title: Moody Babys (Hereinafter referred to as SELLER)
Address: İstiklal Mh. 4 Eylul Cd. No: 62 Merkez / Sivas
Phone. : 0544 208 38 99
Fax: 0 xxx xxx xx xx
* Our consumer will forward all requests and complaints to the institution with information processing information.
Name and surname:
ARTICLE 2: CONTRACT SUBJECT PRODUCT, PRICE, PAYMENT AND DELIVERY
The type and type of products (goods / services), Quantity, Brand / Model / Color, Unit Price (s) and Sales Price and Payment (collection) Information and the receiving information including the place of delivery notified by the BUYER are as follows. The cargo company that will make the delivery is required to receive it from another branch of the BUYER’s location where the BUYER is located, to be notified by the SELLER (The necessary notification will be made to the BUYER by e-mail / mail, SMS or telephone).
Product Information and Price
Brand / Model:
Sales Price (including VAT):
Payment Method and Plan: (PaymentTypeDesc)
Person to be Delivered:
Payment (Collection) Information
Payment Method-Tool: (Credit Card / Credit Card or Cash Collection at the Door)
Payment Credit Card…
Installment to Credit Card / Single Payment
Name and surname:
Name and surname:
ARTICLE 3: THE ISSUES THAT THE BUYER HAS BEEN INFORMED PREVIOUSLY
PURCHASER, in the following matters, before the establishment of this Agreement by the BUYER with the acceptance of moodybabys.com (hereinafter referred to as the INTERNET SITE), and before the order and the payment obligation, all general and special explanations in the relevant pages-sections of the INTERNET SITE He accepts that he is informed by seeing and examining.
– SELLER’s title and contact information and up-to-date introductory information,
– The stages of the sales process during the purchase of the product (s) from the INTERNET SITE and the appropriate tools-methods for correcting the wrongly entered information,
– Confidentiality applicable to the BUYER information applied by the SELLER, data usage-processing and electronic communication rules to the BUYER and the permissions granted by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for using the rights of the parties,
– Shipping restrictions stipulated by the SELLER for products,
– Payment methods-means accepted by the SELLER for the Product (s) subject to the contract and the basic features-qualities of the Products, the total price including taxes (including the total price that the BUYER will pay to the SELLER),
– Information about the procedures regarding the delivery of the products to the BUYER and the shipping-delivery-cargo costs,
– Other payment / collection and delivery information regarding the products and information on the execution of the contract, commitments and the parties’ responsibilities in these matters
Products and other goods and services that the BUYER has no right of withdrawal,
– In cases where the BUYER has the right of withdrawal, the terms, duration and procedure of this right and the BUYER will lose the right of withdrawal if the right is not used in time,
– Other payment / collection and delivery information, products and information regarding the performance of the contract, commitments and responsibilities of the parties in these matters
Products, Special Design Knitted Products and other goods and services that the BUYER does not have the right of withdrawal,
– In cases where the BUYER has the right to withdraw, the terms, duration and procedure of this right and the BUYER will lose the right of withdrawal if the right is not used in time,
– In Products with the right of withdrawal, if the product is damaged or changed due to the non-use of the instructions, ordinary operation or technical specifications, the withdrawal request of the BUYER may not be accepted and belongs to the SELLER. In any case, it will be liable to the SELLER. According to the above-mentioned defect, it can collect a fee that it deems appropriate or change it to the BUYER by deduction (offset) in cases.
– How to return the products to the SELLER. right of withdrawal and all related financial issues (including ways of return, cost of the product price and refund, and discounts and deductions that can be made for the reward points earned / used by the BUYER during the return)
– For Specially Designed Products and Model Groups, No Returns Will Be Requested Because I Do Not Want a Return or Later Product.
– If the BUYER is a legal person, it will not be able to use “consumer rights”, especially the right of withdrawal, for the Products purchased for commercial or professional purposes (for example, collective purchases will be accepted in this way),
Accordingly, due to its nature, all other terms of sale in this Agreement and this Agreement can be stored and accessed by the BUYER for a period of time, as they are approved by the BUYER on the INTERNET SITE and sent to the BUYER by e-mail. three years. He could hide before
– Communication where the BUYER can convey their complaints to the SELLER in case of dispute
It may submit information and legal applications to District / Provincial Arbitration Boards and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
ARTICLE 4: RIGHT TO WITHDRAWAL
The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product without any justification and without penalty. (Excluding Design Products – Excluding Knitted Products.)
In cases where there is a right of withdrawal, it is sufficient for the BUYER to inform the SELLER of the right of withdrawal within the legal 14-day period (written or permanent data storage for the above). contact addresses). If the said right is used within its time, the Product must be sent to the above SELLER address within ten (10) days at the latest. (Excluding Design Products – Excluding Knitted Products.) If the product is sent by contracted cargo companies, no fee is charged from the BUYER.
In this return process, the product must be delivered complete and undamaged with the box, packaging and standard accessories, if any.
Provided that the above-mentioned conditions are fulfilled by the BUYER, the product price and the delivery costs of the Product to the BUYER, if any, are returned to the BUYER within 14 days from the date of receipt of the withdrawal notification to the SELLER. . According to the payment instrument used when purchasing the product.
ARTICLE 5: CONDITIONS THAT THE RIGHT OF WITHDRAWAL CANNOT BE USED
The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product without any justification and without any penalty. In cases where there is a right of withdrawal, it is sufficient for the BUYER to inform the SELLER of the right of withdrawal within a legal 14-day period (written or permanent data storage to those mentioned above). (Excluding Design Products – Excluding Knitted Products. Contact addresses). If the said right is exercised within its time, the Product must be sent to the address of the SELLER above, within ten (10) days at the latest. (Excluding Design Products – Excluding Knitted Products.) If the product is sent by contracted cargo companies, no fee is charged from the BUYER.
In this return process, the product must be delivered complete and undamaged with the box, packaging and standard accessories, if any. (Excluding Design Products – Excluding Knitted Products.)
If the value of the goods decreases or the return becomes impossible due to a reason caused by the BUYER’s fault, the BUYER is obliged to compensate the damages of the SELLER at the rate of his fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the product or product within the withdrawal period.
Provided that the above-mentioned conditions are fulfilled by the BUYER, the product price and the delivery costs of the Product to the BUYER, if any, are returned within 14 days from the date of receipt of the withdrawal notice to the SELLER. BUYER, in accordance with the payment instrument used while purchasing the Product. is-dir.
ARTICLE 6: RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATION AND INTELLECTUAL RIGHTS
In the INTERNET SITE, the privacy rules-policy and conditions, whose current principles are set forth below, are valid for the protection of information, confidentiality, processing-use and communications and other issues.
1. The necessary precautions for the security of the information and transactions entered by the BUYER on the INTERNET SITE are taken within the system infrastructure of the SELLER, within the scope of the current technical possibilities according to the nature of the information and transaction. However, since the information in question is entered from the BUYER device, it is the responsibility of the BUYER to take the necessary measures, including those related to viruses and similar harmful applications, in order to protect them from the BUYER and not to be accessed by unrelated persons.
2. Providing various products / services by the SELLER, the current and future affiliates, affiliates, partners, successors and / or third parties / organizations to be designated by the BUYER’s membership to the INTERNET SITE and the information obtained during their purchases. and all kinds of electronic and other commercial-social communications to be made for information, advertisement-promotion, promotion, sales, marketing, store card, credit card and membership applications, can be recorded indefinitely or for the period to be predicted by those and their successors, printed / magnetic It can be stored in archives, updated, shared, transferred, transferred, used and processed in other forms when necessary. These data can also be transmitted to the relevant Authorities and Courts when required by law. The BUYER consents and gives permission for the use, sharing, processing and making of non-commercial and non-commercial electronic communications and other communications, in accordance with the legislation on the protection of personal data and electronic commerce legislation, of its existing and new information.
3. The BUYER can always stop data use-processing and / or communications by reaching the SELLER through the specified communication channels. According to the BUYER’s explicit notification on this matter, personal data transactions and / or communications to its party are suspended within the legal maximum period; In addition, if he wishes, his information other than legally required and / or possible will be deleted from the data recording system or anonymised in an anonymous way. If the BUYER wishes, the transactions related to the processing of personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the occurrence of a result against him by automatic systems, the data is against the law You can always apply to the SELLER through the above communication channels and get information on issues such as compensation in case of damage due to processing. Applications and requests regarding these issues will be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.
4. Regarding all kinds of information and content of the INTERNET SITE and their arrangement, revision and partial / complete use; Except for those belonging to other third parties according to the SELLER’s agreement; All intellectual and industrial rights and property rights belong to the SELLER.
5. The SELLER reserves the right to make any changes it may deem necessary in the above matters; These changes will be valid from the moment they are announced by the SELLER on the INTERNET SITE or through other appropriate methods.
ARTICLE 7: GENERAL PROVISIONS
The product subject to the contract is delivered to the CONSUMER, namely the BUYER or the third person or organization at the address indicated, depending on the distance of the place of residence, on the condition that it does not exceed the legal 30-day period under normal conditions. The shipping fee written in the article titled Product Information regarding the delivery of the product is paid by the BUYER. If the product subject to the contract is to be delivered to a person or organization other than the consumer, the BUYER is obliged to inform the SELLER in writing and in full, such as the name-surname / title / address of the third person to whom the product will be delivered.
1. People under the age of 18 cannot shop on moodybabys.com.
2. In general and unless otherwise clearly stated, delivery costs (shipping costs, etc.) belong to the BUYER.
3. If the products are not present at the address of the BUYER at the time of delivery and the persons at the address do not accept the delivery, the SELLER will be deemed to have fulfilled their action in this regard. If there is no person to receive delivery at the address, it is the BUYER’s responsibility to contact the cargo company and follow the shipment of the products. If the product is to be delivered to another person / organization other than the BUYER, the SELLER cannot be held responsible if the person / organization to be delivered is not present at the address or does not accept the delivery. In such cases, the expenses incurred due to any damages caused by the BUYER’s late delivery of the Product and the fact that the Product has been waiting in the cargo company and / or the cargo is returned to the SELLER also belongs to the BUYER.
4. The BUYER is responsible for checking the Product when he receives it and when he sees a problem arising from the cargo in the Product, not to accept the Product and to make a report to the Cargo company official. Otherwise, the SELLER will not accept any liability.
5. The BUYER must have paid the price in full before receiving the Product, unless otherwise stipulated in writing by the SELLER. In cash sales, if the product price is not paid to the SELLER in full before the delivery and the due installment amount is not paid in installment sales, the SELLER may unilaterally cancel the contract and not deliver the Product.
If, for any reason, after the delivery of the product, the Bank / financial institution to which the transaction credit card belongs does not pay the price of the Product to the SELLER or demands a refund, the Product will be returned to the SELLER by the BUYER within 3 days at the latest. If the non-payment of the product price is caused by the BUYER’s fault or negligence, the shipping costs will be covered by the BUYER. All other contractual and legal rights of the SELLER, including the follow-up of the product price without accepting the return, are also reserved in any case. In terms of avoiding hesitation; BUYER’s sales price, credit card, installment card etc. owned by banks (including financial institutions). In cases where the card pays with, all the facilities provided by these cards are credit and / or installment payments directly provided by the card issuer; Product sales that take place within this framework and for which the SELLER collects the price at once or incrementally, are not sales on credit or in installments in terms of the parties to this Agreement, they are cash sales. The legal rights of the SELLER in cases that are legally deemed to be sales in installments (including the right to terminate the contract and / or to request the payment of the entire remaining debt together with the default interest) are available and reserved within the framework of the relevant legislation. In the event of BUYER’s default, a monthly default interest is applied as stipulated by the laws in force.
7.If it is understood that the SELLER cannot supply the Product subject to the Contract, within three (3) days from the date of learning about this situation, another good of equal quality-price, provided that the BUYER is informed clearly by the method in accordance with the law and obtains his verbal / written approval. can supply the service and is deemed to have fulfilled the contractual commitment in this way. The BUYER is free in all respects to give or not the approval, and in cases where he / she does not approve, the contractual-legal provisions regarding the cancellation of the order (termination of the contract) are applied.
8. In order cancellations including contract-law withdrawals and contract terminations, if the product price has been collected, it will be returned to the BUYER within 14 days at most. The requirements of the following rule are reserved. The refund is made in accordance with the payment instrument used by the BUYER to pay the product price to the SELLER. For example, in credit card payments, the refund process is also made by refund to the credit card of the BUYER and the amount of the Product is returned to the relevant bank within the same time after the order is canceled by the BUYER; Since the reflection of this amount to the BUYER accounts after the return of this amount to the bank is made by the SELLER, the BUYER accepts in advance that it will not be possible for the SELLER to intervene and assume responsibility for possible delays (banks can usually take three weeks to reflect the refund to the BUYER account. ). The SELLER has the right of offsetting, discounting and deduction arising from this Agreement and the law for the amount to be refunded. The statutory rights of the BUYER are also reserved and available in cases where the contract is terminated by the BUYER due to the SELLER’s failure to perform its performance.
9. The BUYER may notify the SELLER of his / her requests and complaints regarding the product and sale, verbally or in writing, by reaching the SELLER communication channels in the introduction part of the Contract.
10. BUYER, in the resolution of any dispute that may arise from this Agreement and / or its implementation, the SELLER’s records (including records in magnetic media such as computer-audio recordings) as the sole and true exclusive evidence, HMK 193 et al. It accepts, declares and undertakes that it will constitute valid, binding, conclusive and exclusive evidence in terms of its articles and that this article is in the nature of an evidential contract; The rights of the parties arising from the relevant mandatory legal regulations are valid and reserved.
ARTICLE 8: NOTICES
1. All notifications regarding this Agreement will be made to the addresses of the Parties specified in the introduction.
2. If the Parties wish to change their address to be notified, they shall notify the other Party in a reasonable time in advance via a notary public or registered mail. Otherwise, the notification made to the old address will be valid.
3. 18 / III of the Turkish Commercial Code numbered 6102. The notices (default, termination, termination of contract) specified in the article will be valid if they are sent by a notary, telegram or registered letter or by e-mail to the “registered e-mail address” in accordance with the Electronic Notification Regulation. Notices and / or notices will be valid from the day they are deemed to have been effectively served in accordance with Turkish law.
ARTICLE 9: DEFAULT STATE AND LEGAL RESULTS
1. In case the parties do not fulfill their obligations arising from this contract, the Code of Obligations 117 et al. The provisions on Default of the Borrower stated in the article will be applied. In case of default, if any party fails to fulfill its actions within the time limit without a justifiable reason, the other party will give the non-performing party a seven-day period to fulfill the said act. If it is not fulfilled during this period, the party that does not fulfill its action will be deemed as default and the creditor will have the right to demand the delivery of the goods and / or the termination of the contract and the return of the price by requesting the performance of the action.
2.If the product subject to the contract cannot be delivered within the due time due to force majeure that may prevent the SELLER from fulfilling this obligation or adverse weather conditions that prevent the transportation, interruption of transportation, fire, earthquake, flood, in such cases, the BUYER shall not can use one of the rights of cancellation of the order or postponing the delivery period until the obstacle of the delivery period disappears. If the BUYER cancels the order, the amount paid will be paid to him within fourteen days.
3. The PURCHASER agrees, declares and undertakes that, in the event of default in the case of payment by credit card, the cardholder will pay interest within the framework of the credit card agreement with the bank and be liable to the bank. In this case, the relevant bank may apply for legal remedies; The BUYER accepts, declares and undertakes that if the BUYER goes into default due to the debt, the BUYER will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
ARTICLE 10: LEGAL APPLICATION OF THE BUYER – AUTHORIZED JURISDICTIONS
1. In the case of disputes that may arise from this Agreement, the Provincial and District Consumer Arbitration Committees within the monetary limits determined and announced every year by the Ministry of Customs and Trade, and in cases exceeding these limits, the Consumer Courts are in charge-authorized. Within this framework, the BUYER may apply to the Arbitration Committees and Consumer Courts in his place of residence (residence) or where the consumer transaction is made.
2. 2.The BUYER has read all the conditions and explanations written in this Contract and the order-contract preliminary information (INTERNET SITE) that constitute its integral part, the basic features-qualities of the Product / Products subject to sale, sales price, payment method, delivery conditions All other preliminary information about the SELLER and the Product subject to sale – information, right of withdrawal, personal information – electronic communication and award points conditions, including all matters written in Article 3 of this Agreement, in electronic form on the INTERNET SITE. it accepts and declares that it accepts the provisions of this Agreement with the order by giving confirmation-approval-acceptance-permission to all these in electronic environment.