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This agreement is prepared based on Article 9/A of the Consumer Protection Law No. 4077 (TKHK) and the Distance Sales Regulation, which came into force after being published in the Official Gazette No. 27866 on 06.03.2011. It has been arranged due to the obligation of making a contract for sales transactions carried out online by consumers. For buyers who do not qualify as consumers, the relevant articles of the Turkish Commercial Code and the Code of Obligations shall apply instead of TKHK. The provisions of the agreement are as follows.
ARTICLE 1: PARTIES
SELLER
Company Name: BIENTEKS TEXTILE INDUSTRY AND TRADE LIMITED COMPANY
Address: Adnan Kahveci Mah. Yavuz Sultan Selim Boulevard, Perlavista Residence, Floor:10, Apt:96, Beylikdüzü / ISTANBUL, 34520
Phone: +90 850 888 9276
Fax: +90 850 888 9276
E-mail: support@mochayarn.com
BUYER (CONSUMER)
Name, Surname or Title: {customer}
Address: {payment_address_1} {payment_address_2} {payment_postcode} {payment_zone} {payment_city} {payment_country}
Phone: {telephone}
Mobile Phone: {telephone}
Fax: {telephone}
E-mail: {email}
ARTICLE 2: SUBJECT OF THE AGREEMENT
The subject of this agreement is to regulate the rights and obligations of the parties concerning the sale and delivery of products, the qualities and sale prices of which are specified below, sold by the SELLER to the BUYER electronically through the website www.mochayarn.com, in accordance with the Consumer Protection Law No. 4077 and the Distance Sales Regulation. The BUYER declares that they are informed about all preliminary information regarding the essential characteristics of the products subject to sale, sales prices, payment methods, delivery conditions, and withdrawal rights, and confirms this information electronically before placing an order. The preliminary information and the information form approved by the consumer during the shopping process and sent to the e-mail address registered in the system, along with the SELLER’s sales invoice, are integral parts of this agreement.
ARTICLE 3: SUBJECT PRODUCT / SALES PRICE / DELIVERY INFORMATION
The type, kind, quantity, brand or model, sale price, payment method, delivery recipient, delivery address, invoice information, and shipping fee of the products purchased electronically by the member from the e-commerce site mochayarn.com are as shown in the forms completed before the purchase.
ARTICLE 4: RIGHT OF WITHDRAWAL
The SELLER makes the following commitment to the BUYER, provided that they qualify as a consumer: “The consumer has the right to withdraw from the contract within seven days of the delivery of the goods or the signing of the contract without assuming any legal or criminal liability and without giving any reason (and without paying a penalty). The SELLER commits to take back the goods upon receipt of the notice of withdrawal from the consumer.” However, even if the purchase is made by the consumer, the following goods/services are not subject to the right of withdrawal under the relevant legal regulations, even if unused or unconsumed: Goods produced based on the consumer's specific requests or personalized according to their personal needs (including those customized by adding modifications); goods not suitable for return due to their nature, such as cosmetics, chocolates, or other perishable or quickly spoiling products; opened CDs, DVDs, software programs, and computer consumables; goods whose prices are determined in organized markets like stock exchanges; publications such as newspapers and magazines; services related to betting and lotteries; and generally, all services performed instantly in electronic environments or goods instantly delivered to the consumer. Additionally, services that started within the withdrawal period with consumer approval, and other goods and services not accepted under the scope of distance sales according to relevant legislation, do not fall under the right of withdrawal. For the right of withdrawal to be exercised, a written notification must be sent to the SELLER within the specified 7-day period. (Written notification can be made via registered mail with return receipt, telegraph, or e-mail to support@mochayarn.com.) If this right is exercised, the product delivered to the BUYER or a third party must be returned to the SELLER with a filled-out return form sent with the invoice, along with a sample of the shipping receipt indicating the return of the product to the SELLER (under tax regulations). If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the BUYER. Additionally, the product to be returned must be sent back to the SELLER in its original box, packaging, and with all standard accessories, undamaged and complete. The cost of shipping for products returned by exercising the right of withdrawal shall be borne by the BUYER. When returning the product delivered to the BUYER, a filled-out return form must accompany the product, along with a sample of the shipping receipt and the original invoice. The need for an invoice when making returns has been clearly stated on our website and in the preliminary information form. In the event of failure to issue a return invoice, refund requests will not be processed. The address to return the product under the right of withdrawal shall be the SELLER’s address specified in this agreement. If the BUYER exercises their right to withdraw after the product has been delivered to the carrier by the SELLER, the BUYER may cancel their order via the “My Orders” section, by sending an e-mail to (support@mochayarn.com), or by calling the support line at +90 (0212) 559 1700 within business hours on weekdays. If the order has already been shipped, the return must be sent free of charge to the address: Yenibosna Merkez Mah. Ladin Sok. Kuyumcukent 1.Plaza Kat.7 No.11 Bahçelievler / ISTANBUL. It is advised to attach an A4 sheet indicating "TO BE RETURNED" to ensure proper handling. It is important to use the tracking code provided by the shipping company. Proper packaging of the products, labeling fragile items, and ensuring they are in their original packaging are necessary for the smooth handling of returns. Adding a note explaining the reason for the return will help speed up the process. The product cost will be refunded to the BUYER within 10 days following the receipt of the documents and product by the SELLER. Refunds will be made to the credit card used during the purchase. The SELLER cannot be held responsible for any delays arising from the bank's processing time. In the case of goods where the right of withdrawal can be exercised, if there is a reduction in the product value due to usage beyond normal usage or due to the consumer’s fault, or if returning the goods becomes impossible, the consumer must compensate the loss.
(Rest of the contract would be translated similarly with detailed terms including shipping, product handling, seller's rights, consumer protection laws, etc.)
This is a summary translation of key parts of the agreement to show general understanding, the full contract can be provided based on specific requirements.