Distance Sales Contract
**1. PARTIES**
This Agreement is signed between the following parties under the conditions and terms specified below.
A. **“BUYER”**; (hereinafter referred to as "BUYER" in this agreement)
B. **“SELLER”**; (hereinafter referred to as "SELLER" in this agreement)
The individual firm Yüksel Boral, registered under the registration number 199298 at Manisa TESK | Confederation of Tradesmen and Craftsmen of Turkey, located at Atatürk Mahallesi 357. Sokak No:37 Daire:10 Akhisar/Manisa, Tax ID: 1800595903 - LUNAEV
By accepting this agreement, the BUYER acknowledges that in the event of confirming the order, they will be obliged to pay the order amount and any additional fees such as shipping costs and taxes, and that they have been informed regarding this matter in advance.
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**2. DEFINITIONS**
The terms listed below will express the written explanations corresponding to them in the application and interpretation of this agreement:
- **MINISTER**: The Minister of Customs and Trade,
- **MINISTRY**: The Ministry of Customs and Trade,
- **LAW**: Law No. 6502 on the Protection of Consumers,
- **REGULATION**: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
- **SERVICE**: The subject of any consumer transactions that are performed or promised for a fee or benefit, excluding the provision of goods,
- **SELLER**: The company that provides goods to consumers in the scope of its commercial or professional activities or acts on behalf of the seller,
- **BUYER**: A person who acquires, uses, or benefits from goods or services for non-commercial or professional purposes, either a natural or legal person,
- **SITE**: The internet site belonging to the SELLER,
- **ORDERER**: A natural or legal person requesting a good or service through the SELLER's website,
- **PARTIES**: The SELLER and the BUYER,
- **AGREEMENT**: This agreement concluded between the SELLER and the BUYER,
- **GOODS**: Movable items that are the subject of the purchase and intangible assets such as software, audio, video, and similar goods prepared for use in an electronic environment.
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**3. SUBJECT**
This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product for which the BUYER has placed an electronic order through the SELLER's website, as stated below with its specifications and sales price, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.
The prices listed and announced on the site are the sales prices. The prices announced and promises are valid until updated and changed. Prices announced for a limited time are valid until the end of the specified period.
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**4. SELLER INFORMATION**
- **COMPANY**: Lunaev
- **NAME**: Yüksel BORAL
- **ADDRESS**: Atatürk Mah. 357 Sk. No:37 Daire:10 Akhisar/Manisa/Turkey
- **E-MAIL**: destek@lunaev.shop
- **PHONE**: +90 554 297 1008
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**5. BUYER INFORMATION**
- Person to be delivered
- Delivery Address
- Phone
- Fax
- Email/username
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**6. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT**
6.1. The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER's internet site. If the Seller has organized a campaign, you can examine the basic characteristics of the relevant product during the campaign period. It is valid until the date mentioned.
6.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. Limited-time announced prices are valid until the end of the specified period.
6.3. The total sales price of the goods or services, including all taxes, is shown below.
- Product Description | Quantity | Unit Price | Subtotal (Including VAT)
- Shipping Costs
- Total:
Payment Method and Plan
Delivery Address
Person to be Delivered
Invoice Address
Order Date
Delivery Date
Delivery Method
6.4. The shipping cost of the product will be borne by the BUYER.
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**7. INVOICE INFORMATION**
- **COMPANY**: Lunaev
- **NAME**: Yüksel BORAL
- **ADDRESS**: Atatürk Mah. 357 Sk. No:37 Daire:10 Akhisar/Manisa/Turkey
- **E-MAIL**: destek@lunaev.shop
- **PHONE**: +90 554 297 1008
Invoice delivery: The invoice will be delivered to the invoice address along with the order at the time of order delivery.
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**8. SECURITY, CONFIDENTIALITY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS, AND RULES REGARDING INTELLECTUAL PROPERTY RIGHTS**
The rules and policies below regarding the protection, confidentiality, processing, usage of information, and communication on the INTERNET SITE are in effect.
8.1. The necessary measures for the security of the information and transactions entered by the BUYER on the INTERNET SITE have been taken within the technical possibilities of the system infrastructure of the SELLER. However, since the information is entered from the BUYER's device, it is the BUYER's responsibility to ensure their protection and to prevent unauthorized access, including necessary measures against viruses and similar harmful applications.
8.2. In addition to the permissions/approvals given regarding personal data and business electronic communications, the information obtained during the BUYER's membership and purchases on the INTERNET SITE may be recorded by the SELLER for providing various products/services and any kind of information, advertisement-promotion, communication, promotion, sales, marketing, store cards, credit cards, and membership applications for electronic and other commercial-social communications, indefinitely or for the periods they foresee, can be stored in printed/magnetic archives, updated if deemed necessary, shared, transferred, utilized, and processed in other ways. These data may also be submitted to the relevant authorities and courts if legally required. The BUYER has consented to the use, sharing, processing, and non-commercial electronic communications and other communications regarding their current and new personal and non-personal information according to the legislation on the protection of personal data and electronic trade legislation.
8.3. The BUYER can always stop communications by reaching out to the SELLER through the specified communication channels regarding data usage-processing or using the rejection right in the electronic communications sent to them. According to the BUYER's clear notification on this matter, personal data processing and/or communications to the BUYER will be stopped within the legal maximum time; also, if desired, except for those that must be legally preserved and/or those that can destroy the information, will be deleted from the data recording system or anonymized. The BUYER can always request information regarding the processing of their personal data, adjustments if incomplete or incorrect, forwarding corrected information to relevant third parties, deletion or destruction of data, protesting against resulting from the automatic system analysis, and compensation for damages in case of illegal processing of data. Requests regarding these matters will be fulfilled within the legal maximum time or may be accepted with a legal justification explained to the BUYER.
8.4. All kinds of information and content belonging to the INTERNET SITE, as well as their organization, revision, and partial/full use; excluding those belonging to other third parties according to the SELLER's agreement; all intellectual and industrial rights and ownership rights belong to the SELLER.
8.5. The SELLER reserves the right to make any necessary changes regarding the above topics; these changes will take effect from the moment they are announced by the SELLER on the INTERNET SITE or through other suitable means.
8.6. Privacy-security policies and terms of use of the other sites reached from the INTERNET SITE apply, and the SELLER is not responsible for any disputes and negative outcomes that may arise.
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**9. GENERAL PROVISIONS**
9.1. The BUYER accepts that they have read and understood the basic characteristics of the product that is the subject of the agreement, the sales price, and the form of payment, and accepted the necessary confirmation electronically. The BUYER acknowledges that they have correctly and completely acquired the address that the SELLER is required to provide, the basic characteristics of the ordered products, the prices including taxes of the products, and payment and delivery information by confirming the pre-information electronically.
9.2. Each product subject to this agreement will be delivered to the BUYER or the person and/or institution indicated by the BUYER within the period specified in the preliminary information on the internet site, depending on the distance of the BUYER's residence, without exceeding the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to cancel the contract.
9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the agreement as specified in the order, in its entirety, and with any warranty documents, instruction manuals, and necessary documents in accordance with the legal requirements, in a way that is sound, in accordance with standards, and carried out within the principles of accuracy and integrity, protecting and enhancing service quality, and exercising due diligence during the execution of work.
9.4. The SELLER may supply a different product of equal quality and price, after informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from the agreement.
9.5. If it becomes impossible to fulfill the obligations arising from the agreement regarding the product or service subject to the order, the SELLER accepts, declares, and undertakes to inform the consumer in writing within 3 days from the date it learned of this situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this agreement electronically for the delivery of the product subject to the agreement and that in case of non-payment of the amount of the product subject to this agreement for any reason and/or cancellation in the bank records, the SELLER's obligation to deliver the product subject to this agreement will cease.
9.7. In case of unauthorized use of the BUYER's credit card after the delivery of the product subject to the agreement to the BUYER or the person and/or institution indicated by the BUYER, if the amount of the product subject to the agreement is not paid to the SELLER by the relevant bank or financial institution, the BUYER accepts, declares, and undertakes that they will return the product subject to the agreement to the SELLER within 3 days, with the shipping costs to be borne by the SELLER.
9.8. If the SELLER cannot deliver the product within the specified period due to force majeure situations arising from unforeseen circumstances that develop beyond the will of the parties, it will notify the BUYER of this circumstance. The BUYER also has the right to request the cancellation of the order, to replace the product subject to the agreement with an equivalent product, if any, and/or to postpone the delivery period until the impediment is removed. In the case of cancellation of the order by the BUYER, in the cash payments made by the BUYER, the product amount will be refunded within 14 days. In the case of credit card payments made by the BUYER, the product amount will be refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process of the amount refunded to the credit card by the SELLER may take 2 to 3 weeks for the bank to reflect it on the BUYER's account and that any delays are solely related to the bank's processing. Consequently, the BUYER cannot hold the SELLER responsible for any potential delays.
9.9. The SELLER has the right to contact the BUYER through letters, emails, SMS, phone calls, and other means via the address specified by the BUYER in the registration form or updated by them later, including fixed and mobile telephone lines and other communication details for communication, marketing, notices, and other purposes. By accepting this agreement, the BUYER acknowledges and declares that they accept that the SELLER can carry out the aforementioned communication activities.
9.10. The BUYER will inspect the goods/services subject to the agreement before taking delivery; they will not accept any damaged or defective goods/services, such as those that are crushed, broken, or have ripped packaging. The goods/services received are deemed to be undamaged and intact. The obligation to protect the goods/services after delivery is the responsibility of the BUYER. If the right of withdrawal is to be used, the goods/services must not be used. The invoice must be returned.
9.11. If the holder of the credit card used during the order process is not the same person as the BUYER or if a security breach related to the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request the BUYER to provide identity and contact information related to the credit card holder, a statement regarding the credit card used in the order showing the previous month's statement, or a document from the bank of the cardholder proving that the credit card belongs to them. Until the BUYER provides the requested information/documents, the order will be suspended, and if the requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided when registering to the SELLER's internet site is accurate, and they will compensate the SELLER for any damages incurred as a result of the inaccuracy of this information upon the SELLER's first notification.
9.13. The BUYER accepts and undertakes not to violate any legal regulations while using the SELLER's internet site. Otherwise, all legal and criminal liabilities that arise will fully and solely bind the BUYER.
9.14. The BUYER may not use the SELLER’s internet site in a way that disrupts public order, is contrary to general morality, disturbs and harasses others, or for illegal purposes that violate the material and moral rights of others. They may also not engage in activities that prevent or hinder other members from using the services (spam, viruses, Trojan horses, etc.).
9.15. The SELLER’s internet site may contain links to other websites or content that are not under the control of, or owned by the SELLER or other third parties. These links are placed for the ease of navigation for the BUYER and do not endorse any website or the person operating it and do not provide any guarantees regarding the information contained in the linked website.
9.16. In case of a violation of any of the provisions mentioned in this agreement, the member who violated one or several of these provisions shall be personally liable for any criminal or legal consequences resulting from this violation and shall hold the SELLER harmless from the legal and criminal consequences of these violations. Furthermore, in the event of legal action due to this violation, the SELLER reserves the right to claim damages from the member for non-compliance with the membership agreement.
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**10. RIGHT OF WITHDRAWAL**
10.1. The BUYER has the right to withdraw from the contract within 14 (fourteen) days without any legal or criminal liability and without providing any reason, provided that they notify the SELLER, if the distance contract relates to the sale of goods, from the date the goods are delivered to them or the person/institution indicated. In the case of distance contracts regarding service provision, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised for service contracts that have commenced with the consent of the consumer before the withdrawal right period expires. The costs arising from the use of the right of withdrawal are the responsibility of the SELLER. By accepting this agreement, the BUYER acknowledges that they have been informed about the right of withdrawal in advance.
10.2. In order to exercise the right of withdrawal, the BUYER must notify the SELLER in writing via registered mail, fax, or email within the 14 (fourteen) day period, and the product must not have been used within the scope of the provisions of "Products for Which the Right of Withdrawal Cannot Be Exercised" regulated in this agreement. In such a case,
a) The invoice of the product delivered to the third party or the BUYER (if the invoice of the product to be returned is corporate, it must be sent along with the return invoice issued by the institution. The return of invoices issued in the name of corporations will not be completed unless a RETURN INVOICE is issued.).
b) Return form,
c) The boxes, packaging, and any standard accessories of the products to be returned must be delivered completely and undamaged.
d) The SELLER is obliged to refund the total amount and the documents binding the BUYER within a maximum of 10 days upon receiving the withdrawal notification and collect the goods within 20 days.
e) If the value of the goods decreases for any reason due to the fault of the BUYER or return becomes impossible, the BUYER is obliged to compensate the SELLER for the damages in proportion to their fault. However, the BUYER is not responsible for changes and deterioration that occur as a result of proper use of the goods or products within the withdrawal period.
f) If the use of the right of withdrawal causes the discount amount used in the campaign organized by the SELLER to fall below the minimum limit, the discount amount applied under the campaign will be canceled.
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**11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED**
Those products prepared at the request of the BUYER or specifically tailored to their personal needs and are not suitable to be returned, such as underwear, swimsuits and bikini bottoms, cosmetic products, single-use items, products that may spoil quickly or for which there is a possibility of exceeding the expiration date, products that, after being delivered to the BUYER, have been opened by the BUYER making them unsuitable for health and hygiene reasons for return, products that cannot be separated from others after delivery due to their nature, goods related to periodicals such as newspapers and magazines, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and storage devices, and if the package of computer consumables is opened by the BUYER, returning them is not possible in accordance with the Regulation. Additionally, the use of the withdrawal right for service contracts that have commenced with the consumer's consent before the expiration of the withdrawal period is also not possible under the Regulation.
Cosmetics and personal care products, undergarments, swimsuits, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, as well as stationery consumables (toners, cartridges, ribbons, etc.) must be unopened,