Distance Sales Agreement
Article 1- Parties
1.1. Sales person
Name: Mons Bons
Address: Esentepe, Kolektif House, Talatpaşa Cd. No: 5/1, 34394 Şişli/İstanbul Türkiye
Name – surname/TC.No: [invoice_name]
Article 2- Subject
The subject of this contract is the Law No. 4077 on the Protection of Consumers and on Distance Contracts, regarding the sale and delivery of the product, the qualifications and sales price of which are specified below, which the BUYER has ordered electronically from the SELLER's https://www.monsbons.com/ website. It is the determination of the rights and obligations of the parties in accordance with the provisions of the regulation.
Buyer, seller's name, title, full address, telephone and other access information, basic qualities of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, the official authorities to which they can submit their complaints and objections, etc. He/she accepts and declares that he/she has been informed by the seller clearly, comprehensibly and in accordance with the internet environment, that he/she has confirmed this preliminary information in electronic environment and then ordered the goods in accordance with the provisions of this contract.
The preliminary information on https://www.monsbons.com/ and the invoice issued on the order given by the buyer are integral parts of this contract.
Article 3- Contractual Product/Payment/Delivery Information
The type and type, quantity, brand/model, sales price, payment method, delivery person, delivery address, invoice information, shipping fee of the product/products purchased electronically are as follows. The person to be invoiced and the person making the contract must be the same. The information contained must be correct and complete. The buyer accepts to fully cover the damages that may arise from the inaccuracy or incompleteness of this information, and also the buyer accepts any responsibility that may arise from this situation.
The SELLER reserves the right to stop the order when it deems necessary, when the information given by the BUYER does not correspond to the reality. In cases where the SELLER detects a problem in the order, if the BUYER cannot reach the BUYER from the telephone, e-mail and postal addresses given by the BUYER, it freezes the execution of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue during this period. If no response is received from the BUYER within this period, the SELLER cancels the order so that both parties are not harmed.
Article 4- Contract Date and Force Majeure
The contract date is [date], which is the date the order was placed by the buyer.
Circumstances that do not exist or are not foreseen at the date of signing of the contract, develop beyond the control of the parties, and that make it impossible for one or both of the parties to partially or completely fulfill their obligations and responsibilities assumed by the contract or to fulfill them on time, force majeure (natural disaster, war , terrorism, insurrection, changing legislation provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party in the person of force majeure shall notify the other party immediately and in writing.
During the continuation of the force majeure, the parties will not be liable for any failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
Article 5- Rights and Obligations of the Seller
5.1. The Seller agrees and undertakes to fulfill the obligations imposed on him in the contract, except for force majeure, in accordance with the provisions of the Law on the Protection of Consumers No. 4077 and the Regulation on Distance Contracts.
5.2. Persons under the age of 18 (eighteen) cannot shop at Mons Bons. The seller will assume that the age specified by the buyer in the contract is correct. However, the seller cannot be held responsible in any way due to the wrong writing of the age of the buyer.
5.2. https://www.monsbons.com/ is not responsible for price errors caused by system errors. Accordingly, the seller is not responsible for the promotion and price errors that may arise due to the system, design or illegal interventions on the website. The buyer cannot claim from the seller based on system errors.
5.3. You can shop at https://www.monsbons.com/ by credit card (Visa, MasterCard, etc.) or bank transfer. Orders that are not transferred within one week from the order date will be cancelled. The processing time of orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) reaches the bank accounts. Payment methods such as cash on delivery or postal check, which are made without contacting customer service, are not accepted.
Article 6- Rights and Obligations of the Buyer
6.1. The buyer accepts and undertakes to fulfill the obligations imposed on him in the contract, except for force majeure.
6.2. The buyer accepts and undertakes that he/she has accepted the terms of the employment contract and will make the payment in accordance with the payment method specified in the contract.
6.3. The buyer, on the website https://www.monsbons.com/, the seller's name, title, full address, telephone and other access information, the basic characteristics of the goods subject to sale, the sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to use this right, the official authorities to which they can submit their complaints and objections, etc. He/she accepts and declares that he/she has clear, understandable and appropriate information about the internet environment and confirms this preliminary information in electronic environment.
6.4. Pursuant to the previous article, the Buyer shall read and be informed about the order/payment/use procedure information at https://www.monsbons.com/ which includes product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings made and declares that it has given the necessary confirmation.
6.5. If the buyer wishes to return the product he has purchased, he agrees and undertakes not to damage the product and its packaging under any circumstances, and to return the original invoice and the delivery note at the time of return.
Article 7- Order/Payment Procedure
After the buyer's approval of the TL amount of the products added to the shopping cart, including VAT (total installment amounts in installment transactions), it is processed over the POS of the relevant bank card. For this reason, an order confirmation e-mail is sent to the customer before the orders are shipped. No shipment can be made before the Order Confirmation e-mail is sent.
Any disruption in the process or problems that may arise regarding the credit card are notified to the buyer by using one or more of the telephone/fax/e-mail ways specified in the contract. If necessary, the buyer may be asked to contact his bank. The processing time of orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) is determined to reach the seller's accounts.
In case it is understood that the contractual goods cannot be supplied for an exceptionally justified reason and/or a stock problem is encountered, if the buyer is informed and approved immediately in a clear and understandable way, another product of equal quality and price may be sent to the buyer, or in line with the buyer's desire and choice; a new product may be sent, it may be expected that the product will be in stock or the other obstacle preventing delivery will be removed, and/or the order may be cancelled.
In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract, the buyer is informed of this situation and the total price paid and any documents that put him under debt, if any, are returned to him within ten days at the latest, and the contract is canceled. In such a case, the buyer will not claim any additional material and moral damages from the seller.
At https://www.monsbons.com/, buyers who do not want to use their credit card information on the internet are offered the opportunity to order by cash transfer. In payment by wire transfer, the buyer can choose the bank most suitable for him and make the transfer. If EFT is made, the date of transfer to the account will be taken into account. When making money order and/or EFT, the "Sender Information" must be the same as the Billing Information and the order number must be written.
After the delivery of the product, if the relevant bank or financial institution fails to pay the product price to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, which is not due to the Buyer's fault, the Buyer's product delivered to him within 10 days. It is mandatory to send to . In such cases, shipping costs belong to the Buyer.
If the Buyer has chosen to pay by credit card, the BUYER accepts that he will confirm the relevant interest rates and default interest information separately from his bank, and that the provisions on 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 legislation in force, declares and undertakes.
Article 8- Shipping/Delivery Procedure
With the sending of the order confirmation e-mail, the product/products are given to the courier company with which the seller has an agreement.
The product/products will be delivered to the address of the buyer with the cargo agreed by the seller. The delivery time is 30 days from the sending of the Order confirmation mail and the conclusion of the contract. This period may be extended by a maximum of ten days, provided that the buyer is notified in writing or by a permanent data carrier.
The products are sent to the regions where the cargo companies do not deliver to the address by telephone notice.
In regions where the Cargo Company delivers once a week, there may be a delay in the specified day in cases such as inaccuracies or deficiencies in the shipping information, some social events and natural disasters. The buyer cannot impose any responsibility on the seller due to these sags. If the product is to be delivered to another person / organization from the Buyer, the seller is not responsible for the extra shipping costs that may arise from the person / organization not accepting the delivery, inaccuracy in the shipping information and / or the absence of the Buyer. If the product/products did not reach the customer within the specified days, delivery problems should be reported to the customer services immediately by using the e-mail address email@example.com.
In case of damaged package; Damaged packages should not be received and a report should be made to the Cargo Company official. If the Cargo Company representative is of the opinion that the package is not damaged, the buyer has the right to open the package and have the products checked that they were delivered undamaged and to request that the situation be determined with a report. After the package is received by the Buyer, it is accepted that the Cargo Company has fully fulfilled its duty. If the package is not accepted and a report is kept, the situation should be reported to the Seller Customer Service as soon as possible, with the copy of the report remaining in the Buyer's possession.
Article 9- Procedure for Product Return and Right of Withdrawal
The buyer has the right to withdraw from the contract within seven days after receiving the goods, without giving any reason and without paying any penalty. In accordance with the general communiqué of the tax procedure law no. 385, the buyer must fill in the return sections at the bottom of the 2 invoices belonging to the seller delivered with the goods completely and correctly, sign, send one copy to the seller together with the product, and keep the other copy at his disposal. The period starts from the day the goods are delivered to the buyer. The cost of returning the returned product or products must be borne by the buyer.
There is no right of withdrawal for goods prepared in line with the buyer's wishes and/or his personal needs.
In case the buyer exercises his right of withdrawal, the seller shall return the total amount received and, if any, any documents that put the consumer in debt, within ten days at the latest, from the receipt of the invoice containing the withdrawal notice together with the product, without incurring any expense to the consumer.
The decrease in the value of the goods received or the existence of a reason that makes the return impossible do not prevent the use of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the seller must compensate the value or decrease in the value of the goods.
The general return period for any product purchased inadvertently is 7 days. Within this period, the return of products that have been opened, used, destroyed, etc. will not be accepted. Returns must be made with the original packaging.
In cases where any opening, deterioration, breakage, destruction, tearing, use and other conditions are detected in the product and its packaging that were purchased by mistake, and if the product cannot be returned as it was when it was delivered to the buyer, the product will not be returned and the price will not be refunded.
For product return, the situation should be reported to customer service first. The information about sending the product as a return is sent to the customer by the seller. After this meeting, the product should be delivered to the seller, together with the invoice containing the information about the return, via the Cargo company that makes the delivery to the buyer's address. If the returned product reaches the seller, it is accepted as a return if it meets the conditions specified in this contract, and the refund is made to the buyer's credit card/account. No refund will be made until the product is returned. The time of reflection of refunds made to the credit card to the credit card accounts is at the discretion of the relevant bank.
If the purchase is made with a credit card and in installments, the refund procedure to the credit card will be applied as follows: If the buyer has sent the purchase request for the product in installments, the Bank makes the repayment to the buyer in installments. After the seller pays the entire product price to the bank at once, in case the installment expenditures made from the Bank's POS are returned to the buyer's credit card, the requested refund amounts are transferred by the Bank to the bearer's accounts in installments so that the parties involved do not become victims. , if the return date and the card's account cut-off dates do not coincide, 1 (one) refund will be reflected on the card every month, and the buyer's installments paid before the return will be deducted from his current debts after the end of the sales installments, equal to the number of installments he has paid before the return.
In case of return of goods and services purchased with a card, the seller cannot make a cash payment to the buyer in accordance with the contract he has made with the Bank. In the event of a return transaction, the member workplace, namely the seller, will make the refund via the relevant software, and since the member workplace, the seller, is obliged to pay the relevant amount to the Bank in cash or as a deduction, the buyer cannot be paid in cash in accordance with the procedure detailed above. Refund to the credit card will be made by the Bank in accordance with the above procedure, after the buyer pays the amount to the Bank at once.
Article 10- Warranty
Products that are used and cleaned in accordance with the instructions for use are guaranteed for 2 years against all kinds of manufacturing defects, under the following conditions: The warranty responsibility of the seller is only valid for consumers covered by the law numbered 4077. For commercial works, the provisions of the Turkish Commercial Code shall apply.
Article 11- Confidentiality
The information provided by the buyer to the seller with the information specified in this contract will not be shared with third parties by the seller.
The seller will only be able to disclose this information within the framework of the existence of an administrative / legal obligation. If the seller has the information requested from him within the scope of any judicial investigation with documented research capacity, he can provide it to the relevant authority.
Credit Card information is never stored, Credit Card information is only securely transmitted to the relevant banks during the collection process, used for provisioning, and deleted from the system after provision.
Information such as the buyer's e-mail address, postal address and telephone are only used by the seller for standard product delivery and notification procedures. In some periods, campaign information, information about new products, promotional information may be sent to the buyer after approval.
Article 12- Authorized Courts and Enforcement Offices in Case of Dispute
In case of dispute arising from the implementation of this contract, the Consumer Arbitration Committees and the Consumer Courts in the settlement of the Buyer or the Seller are authorized up to the value announced by the Ministry of Industry and Trade in December each year.
In the event that the order is fulfilled, the Buyer shall be deemed to have accepted all the terms of this contract.