Distance Sales Agreement

This Distance Selling Agreement ( "Agreement" ) was signed on {{created_at}} between the following parties:

SALES PERSON

This Agreement has been signed between the following parties under the terms and conditions set out below.
'BUYER'; (hereinafter referred to as "BUYER" in the contract)

2. SCOPE

This Agreement also covers the cases where the Buyer makes transactions through the application on his/her mobile device. en.massmob.com It regulates the rights and obligations of the Parties regarding the sale and delivery by the Seller to the Buyer of the products ( "Products" ) specified in Article 3 below, which the Buyer wishes to purchase by placing an order on the electronic commerce website ("Website") and other matters.

3. PRODUCTS SUBJECT TO THE CONTRACT AND THE PRICE OF THE PRODUCTS

1. The type and kind of Products, quantity, brand/model, color and sales price including all taxes are as stated in the information on the product promotion page on the Website and in this Agreement (“ Products ”).
2. Prices announced on the Website are sales prices. These prices are valid until updated or changed. Prices announced for a limited period are valid until the end of the specified period.
3. The sales price of the Products or services subject to the contract, including all taxes, is shown in the table below.

4. INVOICE INFORMATION

5. DELIVERY INFORMATION

6. MATTERS OF WHICH THE BUYER WAS INFORMED IN ADVANCE

The Buyer acknowledges and declares that he/she has been informed about the matters specified under this article of the Contract by reading and reviewing all relevant information texts and explanations on the Website and the Preliminary Information Form sent to him/her before the Contract is established:

1. tr.massmob.com is a retail company specializing in children's room products,
2. Seller's name or title, head office address, MERSIS number, tax identification number
   Miras Architecture Tas Mob Construction San. Tic. Ltd. Şti | Dudullu OSB Mah. 1.Sad No:30 Ümraniye - İstanbul | 0621016193300013
3. The Seller's full address, telephone number and similar contact information, which enable the Buyer to contact the Seller quickly, and the identity and address of the person acting on behalf of or on behalf of the Seller,
4. The total price of the Products, including all taxes and delivery costs, the method of calculating the price if it cannot be calculated in advance due to its nature, all shipping, delivery and similar additional costs, if any, and information on whether additional costs can be paid if these cannot be calculated in advance,
5. Payment, delivery and performance period in line with the time promised in commercial advertisements and promotions, other information regarding delivery and performance and, if any, commitments related to these and the Seller's solution methods regarding complaints,
6. Products for which the Buyer does not have the right of withdrawal, in cases where the right of withdrawal exists, the conditions, duration and procedure for exercising this right and information on the carrier designated by the Seller for return,
7. The full address or e-mail address to which the notice of withdrawal will be sent,
8. In cases where the right of withdrawal cannot be exercised, information regarding whether the Buyer will not be able to benefit from the right of withdrawal or under what conditions he will lose the right of withdrawal,
9. Information regarding the Buyer's right to apply to the Consumer Court or the Consumer Arbitration Committee regarding the dispute,
10. Technical steps showing the necessary steps for establishing the contract, such as selecting the Products, entering delivery and payment information and confirming the order,
11. Information on how the Agreement will be stored electronically and how the Buyer will be able to access the Agreement later,
12. Information that technical tools such as a summary order form and undo and change will be provided so that the Buyer can clearly and understandably identify and correct errors in data entry before placing the order,
13. Privacy rules regarding personal data obtained by the Seller due to electronic commerce transactions,
14. Electronic contact information where the Seller can obtain information about the Professional Chamber to which he/she is a member and the rules of conduct stipulated by the professional chamber regarding the profession,
15. Shipping restrictions for products and
16. Details of the conditions (special conditions) under which the Buyer can benefit from various offers that may be applied by the Seller on the Website.

7. DELIVERY

1. The delivery address specified in Article 5 of this Agreement has been personally provided to the Seller by the Buyer. The Seller is obligated to deliver the Products to the address provided by the Buyer, and the Buyer acknowledges, represents, and undertakes that it is responsible for the completeness, accuracy, and completeness of the address provided to the Seller. If the Buyer requests the Products to be delivered to a third party other than the Buyer, the Buyer must clearly notify the Seller.
2. The Products will be delivered through the Seller's contracted cargo company(ies). If the cargo company making the delivery does not have a branch in the Buyer's location, the Buyer must pick up the Products from a nearby branch designated by the Seller. The Buyer will be notified via email, SMS, or phone.
3. If the Buyer or the person to be delivered is not at the address at the time of delivery, the Seller is not responsible for any damages or expenses arising from the Buyer/person to be delivered receiving the product late or not receiving it at all.
4. The Buyer agrees that delivery to the address provided by the Buyer during the sales process and to the person present at that address at the time of delivery will be deemed to have been made to the Buyer. Even if the Buyer is not present at the address provided at the time of delivery, the Seller will be deemed to have fully and completely fulfilled its obligation.
5. Any damages arising from the Buyer's late receipt of the Products, as well as the expenses incurred due to the Products being held by the cargo company and/or the return of the cargo to the Seller, will be the responsibility of the Buyer.
6. If, upon Buyer's request, the Products are to be delivered to a person/organization other than the Buyer, and the person/organization to whom the Products are to be delivered fails to accept/receive delivery of the Products, the Seller shall not be held liable for any reason. The Buyer cannot make any claims against the Seller in this regard.
7. In order for the Products subject to this Agreement to be delivered to the Buyer, the Agreement must be accepted by the Buyer during the sales process on the Website and the price of the Products must be paid by the Buyer. If, for any reason, the price of the Products is not paid, or if the payment is made by credit card, the payment is cancelled by the bank, the Seller will be deemed to have been released from its obligation to deliver the Products.
8. Delivery of the Products will be made within the promised timeframe, excluding mobile cargo areas, provided the Seller's stock is available and after payment is received. In any case, the Products will be delivered to the Buyer no later than 14 (fourteen) days from the date the Buyer's order is received by the Seller. If the Seller fails to fulfill its obligations within this period, the Buyer may terminate the Agreement. If the Products have been prepared in accordance with the Buyer's request or personal needs, the period stipulated in this clause for the Products may exceed 30 (thirty) days. In the event of termination of the Agreement, the Seller will refund all payments received, including any delivery costs, within 14 (fourteen) days from the date of receipt of the termination notice.

8. PAYMENT

1. The price of the Products is as stated in Article 3.3.
2. Prices on the Website include VAT and taxes, but do not include shipping costs.
3. As a rule, the shipping cost of the Products is the responsibility of the Buyer. If the Website states that the shipping cost will be covered by the Seller, the shipping cost will be the responsibility of the Seller.
4. The Buyer acknowledges, declares, and undertakes that it will electronically confirm the Agreement for the delivery of the Products. If, for any reason, the price of the Products is not paid and/or they are cancelled in the records of the bank or financial institution, the Seller's obligation to deliver the Products subject to the Agreement will terminate. The Buyer acknowledges, declares, and undertakes that the Seller has no liability for any payments made to the Seller by the bank and/or financial institution that are sent a failure code for any reason.
5. If the Buyer and the credit card holder used in the order are not the same person, or if a security breach is detected regarding the credit card used in the order before the Products are delivered to the Buyer, the Seller may request the Buyer to provide the credit card holder's identity and contact information, a previous month's statement of the credit card used in the order, or a letter from the card holder's bank confirming that the credit card belongs to the Buyer. The order will be frozen until the Buyer provides the requested information/documents. If such requests are not met within 24 (twenty-four) hours, the Seller reserves the right to cancel the order.
6. If the relevant bank or financial institution fails to pay the price of the Products to the Seller due to the unfair and unlawful use of the Buyer's credit card by unauthorized persons, not due to the Buyer's fault, after the Products have been delivered to the Buyer by the Seller, the Buyer is obliged to return the Products received to the Seller.
7. To pay by credit card, the Buyer must fully and completely enter their credit card information as requested on the website. The Buyer can pay with a single credit card payment, or they can pay in installments over a period of several installments, as determined by the banks' installment policies. For installment transactions, the relevant provisions of the agreement signed between the Buyer and the bank ("Bank"), which is the addressee of the agreement signed by the Buyer, apply. The Bank may organize campaigns to apply a higher number of installments than the Buyer's selected number and may offer services such as installment deferral. Such campaigns are at the Bank's discretion and have no affiliation with the Seller. Starting from the credit card statement date, the order total will be divided by the number of installments and reflected on the credit card statement by the Bank. The Bank may not distribute the installment amounts equally across the months, taking into account fractional differences. The Bank is responsible for creating a detailed payment plan.
8. Since the interest rates and default interest rates to be applied due to installment sales will be determined by the Bank, the Buyer accepts, declares and undertakes that it will separately confirm the relevant interest rates and default interest information from the Bank and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the Buyer in accordance with the provisions of the current legislation.
9. If the Buyer defaults on credit card transactions, the Buyer will pay interest and be liable to the Bank in accordance with the credit card agreement it has entered into with the Bank. In such cases, the Bank may take legal action and claim costs and attorney fees from the Buyer. In any case, if the Buyer defaults on a debt, the Buyer will be liable for any losses and damages suffered by the Seller due to the Buyer's delayed payment of the debt.
10. If the Buyer pays the sales price using a credit card, installment card, etc., obtained from banks (including financial institutions), all facilities provided by these cards are credit and/or installment payment options provided directly by the card issuing institution. For the parties to this Agreement, this is not a credit or installment sale, but rather a cash sale. The Seller's legal rights in cases legally considered installment sales (including the right to terminate the contract if installments are not paid and/or to demand payment of the entire remaining debt, including default interest) are available and reserved within the framework of relevant legislation.
11. If payments are made in installments, the Buyer returns the Products purchased from the Seller, or if the Buyer requires a refund for any reason, the Seller's obligation is to reimburse the bank for the amount paid by the card. The Buyer's bank is responsible for making the refund payment to the Buyer in monthly installments. For payments made by credit card, the average time it takes for the bank to reflect the amount refunded to the Buyer's credit card in the Buyer's account can be 2 (two) to 3 (three) weeks. Since the reflection of this amount in the Buyer's account after the Seller's refund to the bank is entirely dependent on the bank's processing process, the Buyer acknowledges, declares, and undertakes not to hold the Seller responsible for any possible delays.

9. SELLER'S RIGHTS AND LIABILITIES

1. The Seller accepts, declares and undertakes to deliver the Products subject to the Contract in full, in accordance with the qualities specified in the order and with warranty documents, user manuals, and any information and documents required for the work, to perform the work in accordance with the standards and in accordance with the requirements of the legal legislation, free from any defects, on the basis of honesty and integrity, to maintain and improve the service quality, to show the necessary care and attention during the performance of the work, and to act with caution and foresight.
2. The Seller may supply a different product of equal quality and price by informing the Buyer and obtaining the Buyer's express consent before the expiration of the performance obligation arising from the Contract. The Buyer is entirely free to grant or withhold such consent, and in the event of non-compliance, the contractual and legal provisions regarding order cancellation (termination of the Contract) shall apply.
3. In cases where the fulfillment of the ordered goods becomes impossible, the Seller shall notify the Buyer in writing or electronically within 3 (three) days from the date of learning of this situation and shall refund all payments collected, including delivery costs, if any, within 14 (fourteen) days from the date of notification. The unavailability of the products in stock shall not be considered as impossibility of fulfilling the fulfillment of the goods fulfillment.
4. If the Products cannot be delivered within the legal maximum period of 30 (thirty) days due to extraordinary circumstances beyond the Seller's control (such as adverse weather conditions, earthquakes, floods, fires, etc.), outside of normal sales/delivery conditions, the Seller will notify the Buyer regarding delivery. In such cases, the Buyer may cancel the order, order a similar product, or wait until the extraordinary circumstances are resolved.
5. The Seller may limit the number of products the Buyer may order during the periods announced on the Website. If the Buyer orders more than the quantity specified in the announcements made on the Website, the order may be canceled, and the product price will be refunded to the Buyer within the legally required period. The Buyer acknowledges, represents, and undertakes that the order has been placed by accepting these terms and conditions, and that the Seller reserves the right to cancel orders exceeding the quantity limit.
6. Other sites accessible through the Website are subject to their own privacy and security policies and terms of use. The Seller is not responsible for any disputes or negative consequences that may arise.

10. RIGHTS AND LIABILITIES OF THE BUYER

1. The Buyer accepts, declares and undertakes that the order placed on the Website means a payment obligation.
2. The Buyer is obligated to inspect the Products before accepting them; to refuse delivery of Products with damage and/or defects (such as dents, breaks, torn packaging, etc.) that originate from the cargo or are detectable through a routine inspection; and to have a report prepared by the cargo company regarding the defect. If the Buyer wishes to exercise their right of withdrawal, they must return the Products unused, along with their invoice and all other documents provided to the Buyer upon delivery (warranty certificate, user manual, etc.).
3. The Seller is responsible for any loss or damage that occurs until the Products are delivered to the Buyer or a third party designated by the Buyer other than the carrier. The Buyer is responsible for the careful safekeeping of the Products after delivery.
4. If Products not ordered are shipped, no rights can be asserted against the Buyer. In such cases, the Buyer's silence or use of the Products cannot be interpreted as acceptance of the contract. The Buyer is under no obligation to return or store the Products.
5. If the Buyer selects the corporate invoice option for orders placed through the Website, the Seller may issue a corporate invoice. The Seller will issue the corporate invoice based on the tax identification number and tax office information provided by the Buyer through the Website. It is the Buyer's sole responsibility to ensure that the specified information is accurate and complete.
6. The Seller may, at its sole discretion, organize various campaigns for Buyers on the Website, the terms, content, and duration of which are determined by the Seller. The Seller reserves the right to discontinue, update, and change the terms of the campaigns announced on the Website at any time. The Buyer is required to review the campaign terms before each purchase on the Website.
7. In all cases where the Buyer has purchased a discount or a free (gift) product of the same nature by shopping at the minimum amount of any Seller campaign or has obtained or used a gain such as a gift certificate etc., if the right of withdrawal is used for all or part of the ordered products and the said minimum amount has fallen below the said minimum amount or the gain/use condition is eliminated in any way, thus the conditions for benefiting from the campaign/gain or use conditions are eliminated for the Buyer, the entirety of the said discount/discount (if any, the price of the gift product) will be deducted from the amount to be refunded to the Buyer, and in cases where the offset is insufficient, it will be collected from the payment tool (credit card etc.) used during the shopping; If the Buyer has earned a (virtual/physical) gift certificate, points, discount etc. due to their shopping, these will be canceled, and the (virtual or physical) gift certificate, points, discount etc. will not be used during the shopping. If the product has been used, the entire price will be deducted from the amount to be returned to the Buyer. In cases where the offset is insufficient, it will be collected from the payment instrument (credit card, etc.) used during the purchase. This article applies equally to all other cases where the product is returned, excluding defective products, in addition to cases where the right of withdrawal is exercised.

11. RIGHT OF WITHDRAWAL

1. The Buyer shall return the purchased Products within 14 (fourteen) days from the date of delivery without assuming any legal or criminal liability and without giving any justification. The Buyer may exercise his/her right of withdrawal within 12 business days from the conclusion of the Contract until the delivery of the Products.
2. The Buyer may also exercise his right of withdrawal in writing or via e-mail to the Seller.
3. In determining the period of the right of withdrawal;
   1. For goods that are subject to a single order and delivered separately, the day the Buyer or a third party determined by the Buyer receives the last goods,
   2. For goods consisting of more than one piece, the day the Buyer or a third party designated by the Buyer receives the last piece,
   3. In contracts where the goods are delivered regularly for a certain period of time, the day on which the Buyer or a third party determined by the Buyer receives the first goods is taken into account.
4. In order to exercise the right of withdrawal, it is necessary to notify the Seller in a timely and proper manner in accordance with the provisions of the legislation.
5. In case of exercising the right of withdrawal:
   1. The Buyer shall return the Products to the Seller via the Seller's contracted cargo company within 10 (ten) days from the date of notification of exercising the right of withdrawal.
   2. Within the scope of the right of withdrawal, the goods box, packaging, standard accessories and other products gifted with the Products (if any) must be returned complete and undamaged.
   3. When returning products to the Seller, the original invoice presented to the Buyer at the time of delivery must also be returned by the Buyer. If the Buyer requests a corporate invoice, they must issue a return invoice for the return of the relevant product or, if possible, reject the commercial invoice from their own system within the time limit.
6. The Buyer shall not be liable for any changes or deterioration that occur if the Products are used in accordance with their operation, technical specifications, and instructions during the withdrawal period. Otherwise, the Buyer shall be personally responsible for any damages incurred to the Products.
7. The Seller is obliged to refund all payments collected, including delivery costs, to the Buyer within 14 (fourteen) days from the date on which the Buyer receives notification that he has exercised his right of withdrawal.
8. The return shipping cost is the responsibility of the Seller as long as the Buyer sends the Products to be returned to the Seller using the Seller's contracted cargo company specified in the Preliminary Information Form. If there is no branch of the Seller's contracted cargo company at the Buyer's location, the Buyer may send the Products using any cargo company, in which case the shipping cost is the responsibility of the Seller. If the Buyer sends the Products to be returned using a cargo company other than the Seller's contracted cargo company specified in the Preliminary Information Form, the return shipping cost is the responsibility of the Buyer, and the Seller is not responsible for any damage to the Products that may occur during the shipping process.
9. With the exercise of the right of withdrawal, all contracts, understandings and agreements between the Buyer and the Seller are terminated without any obligation to pay any costs, compensation or penalties.

12. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The buyer cannot exercise the right of withdrawal in the following contracts:

1. Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the Seller,
2. Contracts regarding goods prepared in line with the Buyer's requests or personal needs,
3. Contracts for the delivery of goods that are perishable or may expire quickly,
4. Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery; and the return of goods that are not suitable for health and hygiene reasons,
5. Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature,
6. Contracts regarding books, digital content and computer consumables presented in physical form, if protective elements such as packaging, tape, seal, package are opened after the delivery of the goods,
7. Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement,
8. Contracts related to accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation, which must be made on a specific date or period,
9. Contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the Buyer,
10. Contracts regarding services that begin to be performed with the Buyer's approval before the expiration of the right of withdrawal period.

13. RESOLUTION OF COMPLAINTS AND DISPUTES

1. The Buyer may submit its complaints to the Seller through the channels specified in the Preliminary Information Form, by phone, by mail or in writing.
2. In disputes arising from this Agreement, Provincial and District Consumer Arbitration Committees shall have jurisdiction, within the monetary limits determined and announced annually by the Ministry of Trade in accordance with relevant legislation. Consumer Courts shall have jurisdiction for cases exceeding these limits. The Buyer may, within this framework, apply to the Arbitration Committees and Consumer Courts in their own or, if they so desire, the Seller's place of residence.

14. CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA

1. The Buyer acknowledges and declares that it has read and understood the Privacy and Personal Data Protection Policy published by the Seller on the Website. The Buyer's personal data will be processed in accordance with the Privacy and Personal Data Protection Policy. If there are processing purposes that require the Buyer's explicit consent, the Seller also provides and requests the Buyer's right to refuse explicit consent in accordance with Law No. 6698 on the Protection of Personal Data and other legislation. In such cases, if the Buyer consents in the relevant areas, the Buyer's personal data may also be processed for purposes requiring explicit consent.
2. Necessary measures to ensure the security of information and transactions entered by the Buyer on the Website have been implemented within the Seller's own system infrastructure, based on the nature of the information and transactions, to the extent of current technical capabilities. However, because the information in question is entered from the Buyer's devices, the Buyer is responsible for taking the necessary precautions, including those against viruses and similar malicious applications, to protect it and prevent unauthorized access.

15. EVIDENCE AGREEMENT

The Parties accept, declare and undertake that in disputes that may arise from this Agreement, the official books and commercial records of the Seller and the Buyer, as well as the electronic information and computer records kept in their own databases and servers, will constitute binding, definitive and exclusive evidence, and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.

16. ENFORCEMENT

This Agreement, consisting of 16 (sixteen) articles, has been concluded and entered into force upon the Parties' reading and electronic approval by the Buyer on the transaction date. The "Preliminary Information Form," sent to the Buyer's email address, submitted online for the Buyer's knowledge and approval before the Agreement is formed, and a draft of which is available on the Website, is an integral part of the Agreement.

Seller: Miras Architecture tas mob construction san tic ltd sti
Buyer: {{shipping_address.first_name}}