Distance Sales Agreement

1. PARTIES AND SUBJECT

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

SELLER

Title	: Miras Mimarlık tas mob inş san tic ltd şti
Address	: Dudullu OSB Mah 1.Cad No:30 Umraniye - Istanbul
Mersis Number	: 0621016193300013
Chamber of Commerce and Number	: Istanbul Chamber of Commerce / 435214
Tax ID Number	: Sarigazi Tax Office / 6210161933
KEP address	: mirasmimarlik@hs01.kep.tr
Phone	: (0216) 364 20 23
E-mail	: mass@massmob.com

This Agreement has been signed between the parties below, under the terms and conditions specified below.
‘BUYER’ ; (hereinafter referred to as "BUYER" in the agreement)

2. SCOPE

This Agreement regulates the rights and obligations of the Parties regarding the sale and delivery of the products ("Products") specified in Article 3 below, which the Buyer wishes to purchase by placing an order on the tr.massmob.com e-commerce website ("Website"), including cases where the Buyer transacts using the application on their mobile device, and other related matters.

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

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

6. MATTERS THE BUYER HAS BEEN PREVIOUSLY INFORMED ABOUT

The Buyer acknowledges and declares that they have read and examined all relevant information texts and explanations on the Website and the Preliminary Information Form provided to them, and have been informed, regarding the matters specified under this article of the Agreement, before the Agreement was concluded:

1. tr.massmob.com is a retail company specializing in children's room products,
2. Name or title of the Seller, central address, MERSIS number, tax identification number
   Miras Mimarlık Tas Mob İnş San Tic Ltd Şti | Dudullu OSB Mah 1.Cad No:30 Ümraniye - İstanbul | 0621016193300013
3. The Seller's clear address, telephone number, and similar contact information that allows the Buyer to quickly contact the Seller, and the identity and address of the person acting on behalf or account of the Seller,
4. The total price of the Products including all taxes and delivery costs, if the price cannot be calculated in advance due to its nature, the method of calculating the price, if any, all shipping, delivery, and similar additional costs, and information that additional costs may be paid if they cannot be calculated in advance,
5. Payment, delivery, and performance period in accordance with the period promised in commercial advertisements and promotions, other information regarding delivery and performance, and if any, commitments regarding them, and the Seller's complaint resolution methods,
6. Products for which the Buyer does not have the right of withdrawal, in cases where there is a right of withdrawal, the conditions, period, and procedure for exercising this right, and information regarding the carrier designated by the Seller for returns,
7. The clear address or e-mail information where the withdrawal notification will be made,
8. Information regarding situations where the right of withdrawal cannot be exercised, the Buyer cannot benefit from the right of withdrawal, or under what conditions the Buyer will lose the right of withdrawal,
9. Information that the Buyer can apply to the Consumer Court or Consumer Arbitration Committee for disputes,
10. Technical steps showing the necessary stages for concluding the Agreement, 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, undo, and change will be provided to enable the Buyer to 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. Shipping restrictions stipulated for the Products and

14.1. The Seller delivers only to regions within its shipping network; orders for regions outside the shipping network may not be technically accepted or may be canceled due to the impossibility of performance,
14.2. For delivery to be made, the BUYER must provide correct and complete logistical information such as "floor information, elevator status, entrance/door information where delivery will be made" during the order stage; otherwise, if delivery cannot be actually carried out, action will be taken within the framework of the legislation.

7. DELIVERY

1. The delivery address specified in Article 5 of this Agreement has been personally communicated to the Seller by the Buyer. The Seller is obliged to deliver the Products to the address notified by the Buyer, and the Buyer accepts, declares, and undertakes that they are responsible for the completeness, accuracy, and correctness of the address they have notified to the Seller. If the Buyer requests the Products to be delivered to a third party/institution other than themselves, they must explicitly notify the Seller. The Buyer also undertakes to fully and accurately declare "floor information, elevator status, entrance/door information where delivery will be made, and similar logistical information" during the order stage for healthy delivery.
2. Delivery of the Products will be carried out through the Seller's contracted cargo company/companies. If the cargo company making the delivery does not have a branch where the Buyer is located, the Buyer must pick up the product from another nearby branch to be notified by the Seller. The Buyer will be informed about this via e-mail, SMS, or telephone.
3. The Seller is not responsible for damages and expenses arising from the Buyer's or the person to be delivered receiving the product late and/or not receiving it at all, if they are not at the address at the time of delivery.
4. The Buyer accepts that the delivery made to the address personally notified by them and to the person present at this address during delivery will be considered as delivery made to them. Even if the Buyer is not at the address personally notified by them at the time of delivery, the Seller will be deemed to have fully and completely fulfilled its obligation.
5. All damages arising from the Buyer receiving the Products late and expenses arising from the Products remaining at the cargo company and/or the cargo being returned to the Seller will belong to the Buyer.
6. If, at the Buyer's request, the Products are to be delivered to another person/organization other than the Buyer, the Seller will not be responsible for any consequences if the person/organization to be delivered does not receive/accept the Products. The Buyer cannot make any claims against the Seller regarding this situation.
7. For the Products subject to the Agreement to be delivered to the Buyer, the Agreement must be accepted by the Buyer during the sales transaction on the Website, and the price of the Products must have been paid by the Buyer. If for any reason the price of the Products is not paid or the payment made by credit card is canceled by the bank, the Seller is deemed to be released from the obligation to deliver the Products. The Buyer accepts, declares, and undertakes that the Seller has no responsibility regarding payments made by the bank and/or financial institution to the Seller for which an unsuccessful code was sent by the bank and/or financial institution for any reason.
8. If the credit card holder used during the order is not the same person as the Buyer, or if a security vulnerability is detected regarding the credit card used in the order before the delivery of the Products to the Buyer, the Seller may request the Buyer to provide the identity and contact information of the credit card holder, the statement of the credit card used for the previous month, or a letter from the card holder's bank stating that the credit card belongs to them. The order will be suspended until the Buyer provides the requested information/documents, and if these requests are not met within 24 (twenty-four) hours, the Seller reserves the right to cancel the order.
9. If, after the delivery of the Products to the Buyer by the Seller, the credit card belonging to the Buyer is used unfairly and unlawfully by unauthorized persons in a manner not caused by the Buyer's fault, and the relevant bank or financial institution does not pay the price of the Products to the Seller, the Buyer is obliged to return the Products received to the Seller.
10. For the Buyer to be able to pay by credit card, they must fill in their credit card information completely and accurately as requested on the website. The Buyer can pay in a single installment by credit card, or pay in installments for a specified number of installments according to the installment policy applied by the banks. In installment transactions, the relevant provisions of the agreement signed between the Buyer and the bank ("Bank") that is the addressee of the Buyer's signed agreement apply. The Bank may organize campaigns and apply a higher number of installments than the number of installments chosen by the Buyer and offer services such as installment deferral. Such campaigns are at the discretion of the Bank and have no relation to the Seller. From the cut-off date of the credit card, the total order will be divided into the number of installments and reflected in the credit card statement by the Bank. The Bank may not distribute the installment amounts equally over the months, considering fractional differences. The creation of a detailed payment plan is at the discretion of the Bank.
11. 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 they will separately confirm the relevant interest rates and information regarding default interest 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 current legislation.
12. If the Buyer defaults on transactions made with a credit card, the Buyer will pay interest and be responsible to the Bank within the framework of the credit card agreement they have made with the Bank. In this case, the Bank may resort to legal remedies, demand expenses and attorney's fees from the Buyer, and in any case, if the Buyer defaults on their debt, the Buyer will be responsible for the damage and loss suffered by the Seller due to the Buyer's delayed performance of the debt.
13. In cases where the Buyer pays the sale price with a credit card, installment card, etc. obtained from banks (including financing institutions), all facilities provided by these cards are credit and/or installment payment facilities directly provided by the issuing institution; for the parties to this Agreement, it is a cash sale, not a credit or installment sale. The Seller's legal rights in cases considered as installment sales by law (including the right to terminate the contract if installments are not paid and/or the right to demand payment of the entire remaining debt together with default interest) are existing and reserved within the framework of the relevant legislation.
14. If payments are made in installments, and the Buyer returns the Products purchased from the Seller or if for any reason the amount paid by the Buyer needs to be refunded, the Seller's obligation is limited to paying the amount of the credit card purchase to the bank. The Buyer's receipt of the refund in monthly installments is related to the Buyer's bank, and the Buyer accepts, declares, and undertakes that they will not hold the Seller responsible for possible delays, as the average process for the amount refunded by the Seller to the credit card to be reflected in the Buyer's account by the bank can take 2 (two) to 3 (three) weeks, and the reflection of this amount in the Buyer's accounts after its refund by the Seller to the bank is entirely related to the bank's processing procedures.

9. RIGHTS AND OBLIGATIONS OF THE SELLER

1. The Seller agrees, declares and undertakes to deliver the Products subject to the Contract completely, in accordance with the specifications stated in the order, and with any warranty documents, user manuals, and information and documents required by the work, free from all defects, in accordance with legal regulations and standards, to perform the work based on principles of accuracy and honesty, to maintain and improve service quality, to show necessary care and diligence 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 their explicit consent before the expiration of the performance obligation arising from the Contract. The Buyer is entirely free to give or withhold such consent, and in cases where consent is not given, contractual and legal provisions regarding order cancellation (Contract termination) shall apply.
3. In cases where the ordered goods become impossible to procure, the Seller shall notify the Buyer in writing or electronically within 3 (three) days from the date of learning of this situation and shall return all collected payments, including delivery costs if any, within 14 (fourteen) days at the latest from the notification date. The unavailability of Products in stock shall not be deemed as the impossibility of fulfilling the goods procurement.
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.) other than normal sales/delivery conditions, the Seller shall inform the Buyer about the delivery. In this case, the Buyer may cancel the order, order a similar product, or wait until the extraordinary situation ends.
5. The Seller may impose restrictions on the number of products that the Buyer can order at times announced on the Website. If the Buyer orders more products than the quantity specified in the announcements made on the Website, the orders may be cancelled, and the product prices will be refunded to the Buyer within the legal period. The Buyer accepts, declares, and undertakes that by creating the order, they accept these conditions and that the Seller has the right to cancel orders that exceed the quantity limit.
6. For other websites accessed through the Website, their own privacy and security policies and terms of use apply, and the Seller is not responsible for any disputes or negative consequences that may arise.

10. BUYER'S RIGHTS AND OBLIGATIONS

1. The Buyer accepts, declares, and undertakes that placing an order through the Website implies a payment obligation.
2. The Buyer is obliged to inspect the Products before receiving them; not to accept damaged and/or defective Products (dented, broken, torn packaging, etc.) caused by the cargo or detectable by a normal inspection, and to have a report drawn up by the cargo company official regarding the defect in the Products. If the Buyer exercises their right of withdrawal, they shall return the Products unused, with their invoice and all other documents (warranty certificate, user manual, etc.) delivered to the Buyer at the time of delivery.
3. The Seller is responsible for loss and damage occurring until the Products are delivered to the Buyer or a third party designated by the Buyer other than the carrier. After delivery, the Buyer is responsible for carefully preserving the Products.
4. In cases where Products that were not ordered are sent, no rights can be claimed against the Buyer. In such cases, the Buyer's silence or use of the Products cannot be interpreted as an acceptance statement for the formation of the contract. The Buyer has no obligation to return or keep the Products.
5. If the Buyer chooses 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 entirely the Buyer's responsibility to enter the specified information correctly and completely.
6. The Seller, at its own discretion, may organize various campaigns for Buyers on the Website at different times, with conditions, content, and duration determined by the Seller. The Seller reserves the right to stop, update, and change the terms of campaigns announced on the Website at any time. The Buyer must review the campaign terms before each purchase made on the Website.
7. In all cases where the Buyer receives a discount or free (gift) product of the same nature by purchasing at the minimum amount of any Seller campaign, or obtains or uses a gift voucher etc., if, as a result of exercising the right of withdrawal for all or part of the ordered products, the said minimum amount is fallen below or the condition for obtaining/using the benefit is removed in any way, and thus the conditions for benefiting from the campaign/obtaining or using the benefit are removed for the Buyer, the entire discount (if any, the price of the gift product) shall be deducted from the amount to be refunded to the Buyer, and in cases where the deduction is insufficient, it shall be collected from the payment instrument (credit card etc.) used during the purchase; if the Buyer has earned (virtual/physical) gift vouchers, points, discounts, etc. due to the purchase, these shall be cancelled, and if (virtual or physical) gift vouchers, points, discounts, etc. were used during the purchase, their full amount shall be deducted from the amount to be refunded to the Buyer, and in cases where the deduction is insufficient, it shall be collected from the payment instrument (credit card etc.) used during the purchase. This article shall apply mutatis mutandis not only in cases where the right of withdrawal is exercised but also in all other cases where product returns are involved, except for defective products.
8. The Buyer is responsible for correctly stating the necessary floor/elevator/access information for delivery and for ensuring actual access at the time of delivery.

11. RIGHT OF WITHDRAWAL

1. The Buyer may return the purchased Products within 14 (fourteen) days from the delivery date by exercising their right of withdrawal, without incurring any legal or criminal liability and without stating any reason. The Buyer may also exercise the right of withdrawal during the period from the conclusion of the Contract until the delivery of the Products. However, the exceptions to the right of withdrawal listed in Article 12 of this Contract are reserved; in particular, the right of withdrawal cannot be exercised for personalized products specially prepared according to the Buyer's wishes/personal needs.
2. The Buyer may also address the right of withdrawal to the Seller in writing or by email.
3. In determining the period for the right of withdrawal;
1. For goods subject to a single order delivered separately, the day on which the Buyer or the third party designated by the Buyer receives the last good,
2. For goods consisting of multiple parts, the day on which the Buyer or the third party designated by the Buyer receives the last part,
3. For contracts involving regular delivery of goods over a certain period, the day on which the Buyer or the third party designated by the Buyer receives the first good is taken as the basis.
4. For the exercise of the right of withdrawal, it is mandatory to notify the Seller within the period and in accordance with the procedures specified in the legislation.
5. In case of exercising the right of withdrawal:
1. The Buyer shall return the Products to the Seller within 10 (ten) days from the date of sending the notification regarding the exercise of the right of withdrawal, using the Seller's contracted shipping company.
2. The product box, packaging, standard accessories, and other products (if any) given as gifts with the Products to be returned under the right of withdrawal must be returned completely and undamaged.
3. When returning the Products to the Seller, the original invoice presented to the Buyer during delivery must also be returned by the Buyer. If the Buyer requests a corporate invoice, a return invoice must be issued for the return of the relevant product or, if possible, the commercial invoice must be rejected from their systems within the period.
6. The Buyer is not responsible for changes and deterioration that occur if the Products are used in accordance with their operation, technical specifications, and usage instructions during the withdrawal period. Otherwise, the Buyer is personally responsible for the damages incurred by the Products.
7. The Seller is obliged to refund all collected payments, including delivery costs to the consumer if any, to the Buyer within 14 (fourteen) days from the date the good subject to the right of withdrawal is delivered to the "carrier specified in the pre-information for return". If the Buyer chooses to send the product with a carrier other than the carrier specified for return, the 14-day period for refund starts from the date the product reaches the Seller.
8. In exercising the right of withdrawal, if the good is returned via the carrier specified in the pre-information for return, the Buyer cannot be held responsible for return costs. If the Seller does not specify any carrier for return in the pre-information, no fee for return costs can be claimed from the Buyer. If the specified carrier for return does not have a branch at the Buyer's location, the Seller is obliged to ensure that the good to be returned is collected from the Buyer without claiming any additional cost.
9. With the exercise of the right of withdrawal, all contracts, agreements, and understandings between the Buyer and the Seller are terminated without any obligation to pay expenses, compensation, or penalty clauses.

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 price varies depending on fluctuations in financial markets and is beyond the control of the Seller,
2. Contracts for goods specially prepared according to the Buyer's wishes or personal needs; for example, goods produced with special measurements/colors/fabric choices or personalized by modification/addition,
3. Contracts for the delivery of goods that are perishable or whose expiration date may pass,
4. Contracts for the delivery of 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,
5. Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature,
6. Contracts for books, digital content, and computer consumables presented in a material medium, if their protective elements such as packaging, tape, seal, package have been opened after delivery,
7. Contracts for the delivery of periodicals such as newspapers and magazines, except for those provided under a subscription agreement,
8. Contracts for accommodation, goods transportation, car rental, food and beverage supply, and leisure activities or recreation that must be performed on a specific date or period,
9. Contracts for services performed instantly in an electronic environment and intangible goods delivered instantly to the Buyer,
10. Contracts for services that have started to be performed with the Buyer's consent before the expiration of the right of withdrawal period.

The exceptions listed in this article do not eliminate the Buyer's other optional rights arising from defective goods, warranty, and relevant legislation.

13. RESOLUTION OF COMPLAINTS AND DISPUTES

1. The Buyer can submit their complaints to the Seller through the channels specified in the Pre-Information Form, by phone, mail, or in writing.
2. In disputes that may arise from this Contract, the Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined and announced annually by the Ministry of Trade in accordance with the relevant legislation, and the Consumer Courts are authorized in cases exceeding these limits. In this context, the Buyer may apply to the Arbitration Committees and Consumer Courts at their own place of residence or, if they wish, at the Seller's place of residence.

14. PRIVACY AND PROTECTION OF PERSONAL DATA

1. The Buyer accepts and declares that they have 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. In the presence of processing purposes requiring the explicit consent of the Buyer, the Seller shall additionally request the Buyer's explicit consent in accordance with the Law on Protection of Personal Data No. 6698 and other relevant legislation, also allowing the possibility to refuse. In these cases, if the Buyer gives consent in the relevant fields, the Buyer's personal data may also be processed for purposes requiring explicit consent.
2. Necessary measures for the security of information and transactions entered by the Buyer on the Website have been taken by the Seller within its own system infrastructure, to the extent of current technical capabilities, depending on the nature of the information and transaction. However, since the said information is entered from devices belonging to the Buyer, the responsibility for taking necessary measures, including those related to viruses and similar harmful applications, to protect them and prevent access by unauthorized persons belongs to the Buyer.

15. AGREEMENT ON EVIDENCE

The Parties accept, declare, and undertake that in disputes that may arise from this Contract, the official books and commercial records of the Seller and the Buyer, and the electronic information and computer records kept in their own databases and servers, shall constitute binding, conclusive, and exclusive evidence, and that this article is in the nature of an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.

16. EFFECTIVENESS

This Contract, consisting of 16 (sixteen) articles, has been read by the Parties, concluded, and entered into force on the transaction date by being approved electronically by the Buyer. The "Pre-Information Form" sent to the Buyer's email address, presented to the Buyer's knowledge and approval online before the Contract was concluded, and whose draft is also available on the Website, is an integral part of the Contract.

Seller: Miras Mimarlık Tas Mob İnş San Tic Ltd Şti

Buyer: {{shipping_address.first_name}}