Distance Sales Agreement
ARTICLE 1: PARTIES
1.1. SELLER Title: MOAYA CACAO GIDA VE TİCARET LİMİTED ŞİRKETİ Address: KONUTKENT MAH. 3028 CAD. NO: 6 İÇ KAPI NO: 100 ÇANKAYA/ ANKARA Mersis No: 0621122954900001 Phone: +90 (507) 495 5104 Email: hello@moayacollective.com (Hereinafter referred to as “SELLER”)
1.2. BUYER Name/Surname: [Automatic: Customer Name] Phone: [Automatic: Phone] Email: [Automatic: Email] Delivery Address: [Automatic: Delivery Address] (Hereinafter referred to as “BUYER”)
ARTICLE 2: SUBJECT AND SCOPE The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation, regarding the sale and delivery of the product, whose characteristics and sales price are specified below, which the BUYER ordered electronically through the SELLER's website www.moayacacao.com.
ARTICLE 3: PRODUCT, PRICE AND PAYMENT INFORMATION SUBJECT TO THE CONTRACT The type, quantity, brand/model, sales price including taxes, and payment method of the products purchased electronically are as follows:
- Order Date: [Date]
- Product Name: [Product Name]
- Quantity: [Quantity]
- Total Amount (Incl. VAT): [Amount TL]
- Shipping Fee: [Shipping Amount]
- Payment Method: [Credit Card / Bank Transfer etc.]
ARTICLE 4: GENERAL PROVISIONS
4.1. The BUYER accepts that they have read and understood the preliminary information regarding the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the www.moayacacao.com website and has given the necessary confirmation electronically.
4.2. The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by them within the period explained in the preliminary information section of the website, depending on the distance of the BUYER's residence, provided that it does not exceed the legal period of 30 days.
4.3. Even if the BUYER is not present at their address at the time of delivery of the product, the SELLER will be deemed to have fully and completely fulfilled its obligation. For this reason, the BUYER is responsible for any damages resulting from the BUYER's late receipt or non-receipt of the product and for the expenses incurred due to the return of the cargo to the SELLER.
4.4. MOAYA products are in the category of perishable food products. The BUYER is obliged to check the product in front of the cargo officer upon delivery. Crushed, broken, torn, or damaged packages should not be accepted, and a "Damage Assessment Report" should be drawn up with the cargo officer. Products accepted without a report are deemed to be undamaged and sound.
4.5. If the supply of the product subject to the order becomes impossible (force majeure, out of stock, etc.), the SELLER shall notify the BUYER in writing within 3 (three) days from the date of learning this situation and shall refund the collected amount to the BUYER within 14 (fourteen) days at the latest.
4.6. By confirming this contract electronically, the BUYER declares that they are over 18 years old.
ARTICLE 5: RIGHT OF WITHDRAWAL
5.1. In distance contracts regarding the sale of goods, the BUYER has the right to withdraw from the contract by rejecting the goods without incurring any legal or criminal liability and without stating any reason, within 14 (fourteen) days from the date of delivery of the product to themselves or to the person/organization at the address indicated by them.
5.2. To exercise the right of withdrawal, it is mandatory to notify the SELLER by email (hello@moayacollective.com) or phone within this period.
5.3. In case of exercising the right of withdrawal:
a) The invoice of the product delivered to the person 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).
b) Return form,
c) The products to be returned must be delivered complete and undamaged with their box, packaging, and standard accessories, if any.
5.4. The SELLER shall refund the total amount to the BUYER within 14 days at the latest from the date of receipt of the withdrawal notification. The refund will be made in a manner consistent with the payment instrument used by the BUYER for the purchase.
ARTICLE 6: PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
In accordance with Article 15 of the Distance Contracts Regulation titled "Exceptions to the Right of Withdrawal", the right of withdrawal cannot be exercised for the following products:
a) Goods that are perishable or whose expiration date is likely to pass (Food products).
b) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.
MOAYA Special Provision: The cocoa and chocolate products offered for sale are food items that are affected by heat and humidity and lose their hygienic properties when their packaging is opened. Therefore, it is legally not possible to return products whose packaging/protective tape has been opened, tasted, or tried (except for cases where they are defective) for discretionary reasons.
ARTICLE 7: RESOLUTION OF DISPUTES In disputes that may arise from the implementation of this contract, the Consumer Arbitration Committees in the BUYER's place of residence or where the consumer transaction took place are authorized according to the monetary limits announced annually by the Ministry of Commerce; in cases exceeding this value, the Consumer Courts are authorized.
ARTICLE 8: EFFECTIVENESS The BUYER is deemed to have accepted all conditions of this contract when they complete the payment for their order placed through the Site. The SELLER is obliged to make software arrangements to obtain the BUYER's confirmation that this contract has been read and accepted on the site before the order is finalized.
DATE: [Automatic Date]
SELLER: MOAYA CACAO GIDA VE TİCARET LİMİTED ŞİRKETİ
BUYER: [Customer Name]
(This contract has been approved electronically)
