^{ARTICLE 1 - PARTIES}

^{1.1 SELLER}

^{Name: MOOD UP GIDA ANONİM ŞİRKETİ - (Hereinafter referred to as the "SELLER")}

^{Address: Yeniköy Mah. Dr. Cevat Kerim İncedayı Sk. No:16, 34460 Sarıyer/İstanbul}

^{MERSIS No: 0622-0778-1180-0013}

^{Phone: 05367427544}

^{Email: info@terha.com.tr}

 

^{Product return address: Yeniköy Mah. Dr. Cevat Kerim İncedayı Sk. No:16, 34460 Sarıyer/İstanbul}

 

^{1.2 BUYER}

^{Name and Surname:}

^Address:

^Phone:

^Email:

 

^{ARTICLE 2 - SUBJECT}

^{The subject of this agreement is the sale and delivery of the product ordered by the BUYER from the "www.kaimakk.com.tr" website ("Website") owned by the SELLER in electronic form, with the characteristics and sale price specified below, in accordance with the provisions of the Consumer Protection Law numbered 6502 and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014, determining the rights and obligations of the parties.}

 

^{ARTICLE 3 - PRODUCT SUBJECT TO THE AGREEMENT}

^{The Type and Quantity of the Products, Brand/Model, Color, Sale Price (including VAT), and Delivery Information are as follows:}

^{Product Name                  Quantity       Sale Price (including VAT)}

                  ¹                

 

^{Additional Costs}             

^{Payment Method}             

^{Term Difference}             

^{Total (Including VAT)}     

^{Delivery Address}            

^Recipient     

^{Invoice Address}              

 

^{ARTICLE 4 - GENERAL PROVISIONS}

1. ^{The BUYER declares that they have read and informed themselves about the basic qualities of the product subject to the contract, the sales price including all taxes, and the payment and delivery terms to be covered by the BUYER, and that they have given the necessary confirmation electronically, in accordance with the information provided on the Website.}
2. ^{The SELLER is not responsible for any direct or indirect damages arising from the breach of the contract, tort, or any other reasons due to the use of the Website or mobile application, and other data and programs. The SELLER does not accept any responsibility for interruptions, errors, neglect, interruptions, deletions, losses, delays in transactions or communications, computer viruses, malfunctions in telecommunication lines, communication errors, theft, destruction, or unauthorized access, alteration, or use of records in connection with the breach of the contract, tort, neglect, or other reasons.}
3. ^{The SELLER reserves the right to change, reorganize, or stop any kind of service, product, terms of use, and the information provided on the Website and/or Mobile Application without the need for prior notice. Changes will be effective as of the publication date on the Website and/or Mobile Application. The Company recommends that the BUYER visit the legal notice page each time they access the Website and/or Mobile Application. These conditions also apply to other internet pages linked through links.}
4. ^{The Website and Mobile Application may contain links or references to other websites that are not under the control of the SELLER. The SELLER is not responsible for the contents of these sites or any other links they may contain.}
5. ^{The SELLER is the owner or licensee of all rights, including intellectual and industrial property rights, related to the general appearance and design of the Website and/or Mobile Application, all kinds of services, products, terms of use, information presented on the Website and/or Mobile Application, including but not limited to, all materials ("Materials") presented in a readable form on the internet, electronic, graphic, or machine-readable technical data, computer software, applied sales system, business method, and business model. The Materials and their related intellectual and industrial property rights are legally protected. No Material on the Website and/or Mobile Application may be modified, copied, reproduced, translated into another language, republished, uploaded to another computer, posted, transmitted, or distributed without prior permission, including but not limited to, source citation, code, and software. The whole or part of the Website and/or Mobile Application cannot be used unauthorized on another website or mobile application. In case of any contrary determination, all other rights of the SELLER related to legal and criminal liability, not explicitly mentioned herein, are reserved.}
6. ^{The personal information of the BUYER may be disclosed to official authorities only in cases where these information are requested by official authorities in accordance with the procedures and principles stipulated by the legislation in force.}
7. ^{The product subject to the contract will be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified on the Website after the order is placed by the BUYER on the Website, provided that it does not exceed 30 days from the order date, depending on the distance of the BUYER's residence. The cargo/shipping fee for any delivery related to Article 3 is the responsibility of the SELLER's agreed cargo company, which is … as of the approval date of this Agreement. If any, the BUYER will bear any additional charges for express shipping, and these will be indicated on the payment page during the order process.}
8. ^{If the product(s) subject to the contract are to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the refusal of the person/organization to accept the delivery and any damages that may arise from it.}
9. ^{The SELLER cannot be held responsible for any damages arising from the errors and omissions of the shipping company responsible for the shipment process of the product(s) during the delivery of the product(s) to the BUYER due to the distance of the BUYER's place of residence, as indicated in Article 3. If the product(s) cannot be delivered to the BUYER due to the errors and omissions of the shipping company responsible for the shipment, the SELLER cannot be held responsible.}
10. ^{The SELLER is responsible for delivering the product(s) subject to the contract in sound, complete, in accordance with the specified qualifications in the order, and with warranty certificates and user manuals, if any.}
11. ^{The SELLER may, with a justifiable reason, supply a different product of equal quality and price to the BUYER before the expiration of the performance obligation arising from the contract.}
12. ^{If it becomes impossible to fulfill the contractual obligations due to reasons such as force majeure or extraordinary situations preventing transportation, the SELLER shall notify the BUYER before the expiration of the performance obligation arising from the contract and may supply a different product of equal quality and price to the BUYER, provided that the BUYER agrees. If the BUYER decides to cancel the order in this case, the amount paid will be refunded in full within 14 (fourteen) days.}
13. ^{If, after the delivery of the product(s), the BUYER's credit card, bank card, debit card, or other payment systems offered on the Website and Mobile Application is used unlawfully or in violation of the law by unauthorized persons for reasons not caused by the BUYER's fault, the BUYER must return the relevant product within 3 (three) days after it is delivered to them. Otherwise, the BUYER accepts that all kinds of legal actions, especially criminal and/or administrative sanctions, will be applied in favor of the SELLER.}

 

^{ARTICLE 5 - RIGHT OF WITHDRAWAL}

1. ^{The BUYER has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery of the product(s) to them or to the person/organization at the address indicated in the order, without any legal or penal responsibility and without giving any reason.}
2. ^{To use the right of withdrawal, the SELLER must be notified by a clear declaration in writing, by registered letter, fax, or e-mail, within the 14-day period specified in the first paragraph of Article 5.1, and the product must not be used in accordance with the provisions of Article 6. The SELLER is obliged to return the total amount paid, including the shipping fee, to the BUYER within 14 (fourteen) days from the date of receipt of the notification of withdrawal.}
3. ^{In the event that the original invoice is not sent with the returned product, VAT and other legal obligations, if any, cannot be returned.}
4. ^{If the product subject to the contract is to be returned due to the withdrawal right, the cargo fee will be covered by the SELLER.}
5. ^{The right of withdrawal cannot be used for products that cannot be returned due to their nature, which are quickly deteriorated or whose expiration date will expire, or for disposable products, and the right of withdrawal cannot be used for products prepared in line with the BUYER's requests or explicitly personal to the BUYER.}

 

^{ARTICLE 6 - USE OF THE RIGHT OF WITHDRAWAL}

1. ^{The BUYER may use the right of withdrawal within the period specified in Article 5.1 by not using the product(s) in accordance with the provisions of this Agreement, and therefore, not causing the product(s) to become unfit for resale. In order to use the right of withdrawal, the SELLER must be notified by a clear declaration in writing, by registered letter, fax, or e-mail, within the 14-day period specified in the first paragraph of Article 5.1, and the product must not be used in accordance with the provisions of Article 6. The SELLER is obliged to return the total amount paid, including the shipping fee, to the BUYER within 14 (fourteen) days from the date of receipt of the notification of withdrawal.}
2. ^{If the original invoice is not sent with the returned product, VAT and other legal obligations, if any, cannot be returned.}
3. ^{If the product subject to the contract is to be returned due to the withdrawal right, the cargo fee will be covered by the SELLER.}
4. ^{The returned product will be accepted if it is undamaged, in a resalable condition, and returned in its original packaging with the box, packaging, and standard accessories, if any. If the product is used, damaged, or damaged by the BUYER's fault, the BUYER will be liable for the depreciation of the product or the SELLER will be entitled to return the product to the BUYER at the expense of the BUYER. In case of the exercise of the right of withdrawal, the SELLER is obliged to return the total amount paid, including the shipping fee, to the BUYER within 14 (fourteen) days from the date of receipt of the notification of withdrawal. The refund will be made using the same payment method used by the BUYER during the order. The SELLER is not responsible for changes in the currency exchange rate due to the use of different payment methods during the refund.}

 

^{ARTICLE 7 - PRODUCTS THAT CANNOT BE USED OF THE RIGHT OF WITHDRAWAL}

^{The right of withdrawal cannot be used for products that cannot be returned due to their nature, which are quickly deteriorated or whose expiration date will expire, or for disposable products, and the right of withdrawal cannot be used for products prepared in line with the BUYER's requests or explicitly personal to the BUYER.}

 

^{ARTICLE 8 - DEFAULT INTEREST}

^{In case of default by the BUYER in the transactions made by credit card, the cardholder agrees in advance that they will be liable to the bank within the framework of the credit card agreement between the bank and the cardholder. In this case, the relevant bank may apply for legal remedies; the BUYER may be liable for the loss and expenses incurred by the SELLER due to the delayed performance of the debt in case of default.}

 

^{ARTICLE 9 - AUTHORIZED COURT}

^{In the implementation of this contract, the Consumer Arbitration Committees and the Consumer Courts in the settlement of the BUYER or SELLER are authorized up to the value declared by the Ministry of Customs and Trade. The BUYER acknowledges, declares, and undertakes that they have been informed about the provisions of the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and numbered 29188, which is accepted to be valid and obligatory by accepting this Agreement. In case of any disputes that may arise from this Agreement, the Consumer Arbitration Committees and Consumer Courts in the settlement of the BUYER or SELLER, up to the value announced by the Ministry of Customs and Trade, are authorized. BUYER also has the right to apply to the Consumer Court and Consumer Arbitration Committees in the place where the BUYER is domiciled. The SELLER cannot exceed the legal limit declared by the Ministry of Customs and Trade for the places where the Consumer Court and Consumer Arbitration Committees are located in the settlement of the BUYER. If the order is placed by the BUYER, it is deemed to have accepted all the terms of this contract.}

 

^{In witness whereof, the parties have electronically accepted this Distance Sales Agreement by clicking the "I have read and agree to the Distance Sales Agreement" button on the Website and/or Mobile Application, and this Agreement consists of a total of 9 (nine) articles and has been read, reviewed, and approved by the parties.}

^{BUYER's Name-Surname} 

^{BUYER's Signature}         

^{SELLER's Name-Surname}

^{SELLER's Signature}        

^{Date of Acceptance by the Parties}         

^…/…/…