Distance Sales Agreement

1) Parties

This agreement has been concluded electronically between the parties below under the terms and conditions set out below.

• SELLER
  

  Legal/Company Name	:	Uğurlu Ayakkabı San. Ve Tic. Ltd. Şti.
  Address	:	Bulgurlu Mah. Söğütlüçayır Çeşmesi Sok. Besler Aprt. Sit. No:20/B Üsküdar – İstanbul
  Phone	:	+90 216 461 11 55
  Email	:	info@momy.com.tr
  MERSIS	:	0886049483800001

• BUYER
  

  Name/Surname – Legal/Company Name	:	[fatura-isim]
  Address	:	[fatura-adres]
  Phone	:	[telefon]
  Email	:	[eposta]

By confirming the order, the BUYER accepts the obligation to pay the price, taxes, and any additional charges such as shipping, if applicable.

2) Definitions

Ministry: Ministry of Trade.
Law: Law No. 6502 on Consumer Protection (TKHK).
Regulation: Regulation on Distance Contracts and related amendments.
Service: Consideration-based undertakings other than the supply of goods.
Site: The website at the domain momy.com.tr and the mobile applications owned by the SELLER.
Parties: SELLER and BUYER.
Goods: Movable tangible items subject to purchase and intangible goods supplied electronically.

3) Subject Matter

This section sets out, under the TKHK and relevant legislation, the rights and obligations of the parties regarding the sale and delivery of the goods/services specified below—with their characteristics and sale price—ordered electronically by the BUYER via the SELLER’s Site. All prices announced on the Site remain valid until updated; time-limited promotions are valid for the announced period.

4) Contract Goods/Services and Payment

• Key characteristics of the goods/services (type, quantity, brand/model, color, units): shown on product pages and in the order summary.
• Sale price including taxes and costs:
  [urun-listesi]
  Payment Method: [odeme-yontemi]
  Recipient: [kargo-isim]
  Delivery Address: [kargo-adres]
  Billing Address: [fatura-adres]
  Order Date: [tarih]
• Unless otherwise stated, the shipping cost is borne by the BUYER (B2C return conditions below).

5) Invoice Information

*The invoice is issued in the package at delivery or as an e-invoice/e-archive.

6) General Provisions

• The SELLER delivers the product complete, in conformity with the order specifications and, where applicable, with the warranty card/user manual, in compliance with legislation.
• Unless otherwise agreed, the delivery period is a maximum of 30 days from order confirmation. In force majeure/emergency, the BUYER is informed and may request cancellation/replacement/postponement.
• Before acceptance, the BUYER must check the package; items found damaged/dented/torn must be returned to the courier with a report. Risk of loss/damage passes to the BUYER upon delivery.
• If for any reason payment is not made/is cancelled in bank records, the SELLER’s delivery obligation ends. If unauthorized card use is detected, the BUYER returns the goods to the SELLER within 3 days.
• The SELLER may supply an alternative product of equal quality/price only with the BUYER’s explicit consent.
• If communication consent is given, information/marketing messages may be sent to the BUYER via e-mail/SMS/call; the right to opt out is reserved.

7) Right of Withdrawal (B2C)

• In sales of goods, the BUYER (consumer) may exercise the right of withdrawal within 14 days from delivery without giving any reason. For services, the period starts from the contract date (no withdrawal right where performance began with the consumer’s consent).
• The withdrawal notice may be submitted via the Site account, the contact page, by e-mail, or by written notice. contact sayfasından, e-posta veya yazılı bildirimle yapılabilir.
• Return Process: Following the withdrawal notice, the BUYER returns the goods within 14 days or delivers them to the SELLER’s Authorized Carrier (the Authorized Carrier to be notified by the SELLER (the courier company that contacts you)). For shipments via a non-authorized carrier, freight and transport/damage risk belong to the BUYER; freight-collect shipments are not accepted.
• Return Address: Bulgurlu Mah. Söğütlüçayır Çeşmesi Sok. Besler Aprt. Sit. No:20/B Üsküdar – İstanbul
• Return Shipping Fee: For withdrawals, the return shipping cost is borne by the BUYER; for defective/wrong items, it is borne by the SELLER.
• Refund of the Price: Within 14 days at the latest from receipt of the withdrawal notice, the SELLER makes the refund via the original payment method upon the goods reaching the SELLER or the BUYER proving dispatch. The initial delivery cost is refunded based on the cheapest standard delivery.
• The product must be sent with its box/packaging and any standard accessories, together with the invoice (and a return invoice for corporate customers).

8) Distance Sales Between Traders (B2B)

• In transactions where the BUYER acts as a merchant, the Consumer Protection Law (TKHK) does not apply; the provisions of the Turkish Code of Obligations and the Turkish Commercial Code govern.
• Right of Withdrawal: There is no statutory right of withdrawal in sales between merchants. Returns/cancellations are only possible under contractual terms or with the SELLER’s written consent.
• Inspection & Defect Notice: Apparent defects must be notified immediately upon delivery; latent defects must be notified to the SELLER within a reasonable time after discovery.
• Delivery–Risk & Logistics: Delivery terms/risk transfer follow the INCOTERMS® 2020 rule specified in the order/offer/invoice (e.g., EXW/FCA/CPT as stated). Customs, taxes, and logistics costs are borne by the BUYER.
• Payment & Default: Commercial default interest applies to overdue receivables; collection costs and attorney’s fees are borne by the BUYER.
• Jurisdiction: Exclusive jurisdiction lies with the Istanbul Anatolian Courts and Enforcement Offices.

9) Contracts Where the Right of Withdrawal Cannot Be Used (summary)

• Personalized/customized goods,
• Perishable goods or goods that may expire,
• Goods not suitable for return for health and hygiene reasons if the packaging has been opened,
• Goods mixed after delivery in a way that cannot be separated,
• Services performed instantly in electronic form or digital content delivered immediately,
• Service contracts whose performance has begun with the consumer’s consent.

10) Payment, Invoicing and Delivery

• Bank Transfer/EFT: TR390004600964888000078017 (TRY)
• Credit Card/Online Payment: Charged upon order confirmation; orders are halted in case of failed/partial transactions.
• Delivery: Unless agreed otherwise, delivery is by courier; if the BUYER is absent, the carrier’s notice applies.

11) Dispute Resolution

For B2C disputes, within the monetary limits announced annually by the Ministry, the Consumer Arbitration Committees at the BUYER’s residence or the place of transaction are competent; above those limits, the Consumer Courts have jurisdiction.

For B2B disputes, the competent forum is as stated in the B2B clause above.

12) Entry into Force

When the BUYER completes payment for the order placed via the Site, they are deemed to have accepted all terms of this agreement. Before the order, the SELLER provides the technical means for the BUYER to read and approve the agreement.

SELLER: Uğurlu Ayakkabı San. Ve Tic. Ltd. Şti.

BUYER: [fatura-isim]

DATE: [tarih]