DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been concluded between the parties specified below under the following terms and conditions.

“BUYER” (hereinafter referred to as the “BUYER”)

NAME – SURNAME:
Address:

“SELLER” (hereinafter referred to as the “SELLER”)

NAME – SURNAME: Moka Agro Gıda Ticaret - Tuğsal Gürtuna
ADDRESS: 19 Mayıs Mah. Turaboğlu Sok. Hamdiye Yazgan İş Merkezi No: 4/2 Kadıköy-Istanbul

By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the order subject to this Agreement, the BUYER shall be obliged to pay the order price together with any additional charges specified, such as shipping fees and taxes, and that the BUYER has been duly informed thereof.

2. DEFINITIONS

For the implementation and interpretation of this Agreement, the following terms shall have the meanings set out below:

MINISTER: The Minister of Customs and Trade,

MINISTRY: The Ministry of Customs and Trade,

LAW: Law No. 6502 on Consumer Protection,

REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),

SERVICE: Any consumer transaction other than the supply of goods, performed or undertaken to be performed in return for a fee or benefit,

SELLER: The company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or for the account of the party offering such goods,

BUYER: Any natural or legal person who acquires, uses, or benefits from goods or services for purposes other than commercial or professional purposes,

SITE: The website belonging to the SELLER,

PERSON PLACING THE ORDER: The natural or legal person requesting goods or services through the SELLER’s website,

PARTIES: The SELLER and the BUYER,

AGREEMENT: This agreement concluded between the SELLER and the BUYER,

GOODS: Movable property subject to shopping transactions, as well as software, audio, video, and similar intangible goods prepared for use in electronic environments.

3. SUBJECT

This Agreement governs the rights and obligations of the Parties pursuant to Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts with respect to the sale and delivery of the product ordered electronically by the BUYER through the SELLER’s website, the characteristics and sales price of which are specified below.

The listed and advertised prices on the website are sales prices. Advertised prices and commitments shall remain valid until updated or changed. Prices announced for a limited period shall remain valid until the end of the specified period.

4. SELLER INFORMATION

Trade Name: Moka Agro Gıda Ticaret - Tuğsal Gürtuna
Address: 19 Mayıs Mah. Turaboğlu Sok. Hamdiye Yazgan İş Merkezi 4/2 Kadıköy-Istanbul
Telephone: +90 546 491 77 76
Fax:
Email: [email protected]

5. BUYER INFORMATION

Person to Whom Delivery Will Be Made:
Delivery Address:
Telephone:
Fax:
Email/Username:

6. INFORMATION OF THE PERSON PLACING THE ORDER

Name/Surname/Title:
Address:
Telephone:
Fax:
Email/Username:

7. INFORMATION REGARDING THE PRODUCT(S) SUBJECT TO THE AGREEMENT

7.1.

The basic characteristics of the goods/products/services, including type, quantity, brand/model, color, and number of units, are published on the SELLER’s website. If a campaign has been organized by the Seller, the basic characteristics of the relevant product may be reviewed during the campaign period. The campaign shall remain valid until the stated campaign date.

7.2.

7.3.

The sales price of the goods or services subject to the Agreement, inclusive of all taxes, is shown below.

Product Description

Quantity

Unit Price

Subtotal
(Including VAT)

Shipping Amount

Total:

Payment Method and Plan

Delivery Address

Person to Whom Delivery Will Be Made

Billing Address

Order Date

Delivery Date

Delivery Method

7.4.

The shipping fee, which constitutes the cost of product shipment, shall be paid by the BUYER.

8. INVOICE INFORMATION

Name/Surname/Title:
Address:
Telephone:
Fax:
Email/Username:

Invoice Delivery: The invoice shall be delivered together with the order to the billing address at the time of delivery.

9. GENERAL PROVISIONS

9.1.

The BUYER accepts, declares, and undertakes that the BUYER has read the preliminary information concerning the basic characteristics, sales price, payment method, and delivery of the product subject to the Agreement on the SELLER’s website, has been informed thereof, and has provided the necessary confirmation electronically.

By confirming the Preliminary Information electronically, the BUYER accepts, declares, and undertakes that, prior to the conclusion of the distance sales agreement, the BUYER has accurately and completely obtained the SELLER’s address, the basic characteristics of the ordered products, their prices inclusive of taxes, and the payment and delivery information.

9.2.

Each product subject to the Agreement shall be delivered to the BUYER or to the person and/or organization at the address specified by the BUYER within the period stated in the preliminary information section of the website, depending on the distance of the BUYER’s place of residence, provided that such period does not exceed the statutory period of 30 days.

If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the Agreement.

9.3.

The SELLER accepts, declares, and undertakes to deliver the product subject to the Agreement completely, in accordance with the specifications stated in the order, together with warranty documents, user manuals, and other information and documents required by the nature of the transaction, if applicable; free from defects; in compliance with applicable legislation and standards; and in accordance with the principles of honesty and good faith.

The SELLER further undertakes to maintain and improve service quality, exercise due care and attention during performance, and act prudently and with foresight.

9.4.

Before the expiry of the performance obligation arising from the Agreement, the SELLER may supply a different product of equivalent quality and price, provided that the BUYER is informed and gives explicit approval.

9.5.

If performance of the ordered product or service becomes impossible and the SELLER is unable to fulfill its contractual obligations, the SELLER accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date on which the SELLER becomes aware of such impossibility and to refund the total amount to the BUYER within 14 days.

9.6.

The BUYER accepts, declares, and undertakes that the BUYER shall electronically confirm this Agreement for delivery of the product subject to the Agreement and that, if the price of the product is not paid for any reason and/or the payment is cancelled in the bank records, the SELLER’s obligation to deliver the product shall cease.

9.7.

If, after the product subject to the Agreement has been delivered to the BUYER or to the person and/or organization at the address specified by the BUYER, the price of the product is not paid to the SELLER by the relevant bank or financial institution due to unauthorized and unlawful use of the BUYER’s credit card by unauthorized persons, the BUYER accepts, declares, and undertakes to return the product subject to the Agreement to the SELLER within 3 days, with shipping costs borne by the SELLER.

9.8.

If the SELLER is unable to deliver the product subject to the Agreement within the specified period due to force majeure events arising outside the control of the Parties, which could not reasonably have been foreseen and which prevent and/or delay the Parties from fulfilling their obligations, the SELLER undertakes to notify the BUYER.

The BUYER shall have the right to request cancellation of the order, replacement of the product subject to the Agreement with an equivalent product, if available, and/or postponement of delivery until the circumstances preventing delivery have ceased.

If the order is cancelled by the BUYER and payment was made in cash, the product price shall be refunded to the BUYER in cash and in a lump sum within 14 days.

If payment was made by credit card, the product price shall be refunded to the relevant bank within 14 days following cancellation of the order by the BUYER.

The BUYER acknowledges that the average period required for the amount refunded by the SELLER to the credit card to be reflected in the BUYER’s account by the bank may take between 2 and 3 weeks and that, since the reflection of such amount in the BUYER’s account following the refund to the bank is entirely related to the bank’s processing procedures, the BUYER may not hold the SELLER liable for possible delays.

9.9.

The SELLER has the right to contact the BUYER through the address, email address, landline and mobile telephone numbers, and other contact details provided by the BUYER in the website registration form or subsequently updated by the BUYER, by means of letters, emails, SMS, telephone calls, and other methods for communication, marketing, notification, and other purposes.

By accepting this Agreement, the BUYER acknowledges and agrees that the SELLER may carry out the communication activities stated above.

9.10.

The BUYER shall inspect the goods/services subject to the Agreement before accepting delivery and shall not accept from the courier company any damaged or defective goods/services, including goods that are dented, broken, or have torn packaging.

Goods/services accepted upon delivery shall be deemed to be undamaged and in good condition.

The BUYER shall be responsible for taking due care of the goods/services after delivery. If the right of withdrawal is exercised, the goods/services must not be used. The invoice must be returned.

9.11.

If the BUYER and the holder of the credit card used during the order are not the same person, or if a security vulnerability relating to the credit card used in the order is detected before delivery of the product to the BUYER, the SELLER may request the BUYER to provide the credit card holder’s identity and contact information, the statement relating to the credit card used in the order for the previous month, or a letter from the cardholder’s bank confirming that the credit card belongs to the cardholder.

The order shall be suspended until the BUYER provides the requested information/documents. If such requests are not fulfilled within 24 hours, the SELLER shall have the right to cancel the order.

9.12.

The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER’s website is accurate and that the BUYER shall immediately compensate the SELLER, in cash and in a lump sum upon the SELLER’s first notification, for all damages suffered by the SELLER due to such information being inaccurate.

9.13.

The BUYER accepts and undertakes in advance to comply with all applicable legal provisions while using the SELLER’s website and not to violate them.

Otherwise, all legal and criminal liabilities arising therefrom shall exclusively and entirely bind the BUYER.

9.14.

The BUYER may not use the SELLER’s website in any manner that disrupts public order, violates public morals, disturbs or harasses others, serves an unlawful purpose, or infringes the material or moral rights of others.

Furthermore, the member may not engage in activities that prevent or hinder others from using the services, including spam, viruses, Trojan horses, and similar activities.

9.15.

Links may be provided through the SELLER’s website to other websites and/or other content that are not under the SELLER’s control and/or are owned and/or operated by third parties.

Such links are provided solely for the convenience of directing the BUYER and do not constitute an endorsement of any website or the person operating that website, nor do they constitute any guarantee regarding the information contained on the linked website.

9.16.

A member who violates one or more of the provisions contained in this Agreement shall be personally liable for the legal and criminal consequences of such violation and shall hold the SELLER harmless from such consequences.

Furthermore, if the matter is referred to legal proceedings due to such violation, the SELLER reserves the right to claim compensation from the member for failure to comply with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1.

If the distance agreement relates to the sale of goods, the BUYER may exercise the right of withdrawal from the Agreement by rejecting the goods within 14 (fourteen) days from the date on which the product is delivered to the BUYER or to the person/organization at the address specified by the BUYER, without assuming any legal or criminal liability and without providing any reason, provided that the SELLER is notified.

For distance agreements relating to the provision of services, this period shall commence on the date the Agreement is concluded.

The right of withdrawal cannot be exercised in relation to service agreements where performance has commenced with the consumer’s approval before expiry of the withdrawal period.

The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER.

By accepting this Agreement, the BUYER acknowledges in advance that the BUYER has been informed regarding the right of withdrawal.

10.2.

In order to exercise the right of withdrawal, written notification must be provided to the SELLER within the 14 (fourteen)-day period by registered mail with return receipt, fax, or email, and the product must not have been used in accordance with the provisions of this Agreement regarding “Products for Which the Right of Withdrawal Cannot Be Exercised.”

If this right is exercised:

a) The invoice for the product delivered to the BUYER or to a third party must be returned. If the invoice for the product to be returned was issued to a company, the return must be accompanied by a return invoice issued by that company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.

b) The return form must be included.

c) The products to be returned must be delivered complete and undamaged together with their boxes, packaging, and standard accessories, if any.

d) The SELLER is obliged to refund the total amount and return any documents that place the BUYER under an obligation within a maximum of 10 days from the date on which the withdrawal notification is received and to take back the goods within 20 days.

e) If the value of the goods decreases or returning the goods becomes impossible due to a reason attributable to the BUYER, the BUYER shall be liable to compensate the SELLER for the resulting losses in proportion to the BUYER’s fault.

However, the BUYER shall not be liable for changes or deterioration resulting from the proper use of the goods or products during the withdrawal period.

f) If exercising the right of withdrawal results in the order falling below the campaign threshold determined by the SELLER, the amount of discount obtained under the campaign shall be cancelled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Under the Regulation, the right of withdrawal cannot be exercised for products prepared at the BUYER’s request or clearly personalized according to the BUYER’s personal needs and which are unsuitable for return; underwear bottoms; swimwear and bikini bottoms; cosmetic products; disposable products; goods liable to deteriorate rapidly or likely to expire; products which are unsuitable for return for health or hygiene reasons where their packaging has been opened by the BUYER after delivery; products which become mixed with other products after delivery and which cannot, by their nature, be separated; periodical publications such as newspapers and magazines other than those provided under subscription agreements; services performed instantly in electronic form or intangible goods supplied instantly to the consumer; as well as audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables where their packaging has been opened by the BUYER.

Furthermore, under the Regulation, the right of withdrawal cannot be exercised in respect of services whose performance has commenced with the consumer’s approval before expiry of the withdrawal period.

Cosmetics and personal care products, underwear, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassette tapes, and stationery consumables such as toner, cartridges, ribbons, etc. may only be returned if their packaging has not been opened and the products have not been tested, damaged, or used.

12. DEFAULT AND ITS LEGAL CONSEQUENCES

If the BUYER makes payment by credit card and subsequently defaults on the payment obligation, the BUYER accepts, declares, and undertakes that interest shall be payable within the framework of the credit card agreement concluded between the BUYER and the card-issuing bank and that the BUYER shall be liable towards the bank.

In such circumstances, the relevant bank may initiate legal proceedings and may claim from the BUYER any expenses and attorney’s fees incurred.

In all cases where the BUYER defaults on the debt, the BUYER agrees to compensate the SELLER for any loss or damage suffered as a result of delayed performance of the debt.

13. COMPETENT COURT

In disputes arising from this Agreement, complaints and objections shall be submitted, within the monetary limits specified under the applicable law, to the Consumer Arbitration Committee or Consumer Court located at the BUYER’s place of residence or at the place where the consumer transaction was carried out.

The applicable monetary limits are as follows:

Effective as of 28/05/2014:

a) Pursuant to Article 68 of Law No. 6502 on Consumer Protection, disputes with a value below TRY 2,000.00 (two thousand Turkish lira) shall be submitted to District Consumer Arbitration Committees.

b) Disputes with a value below TRY 3,000.00 (three thousand Turkish lira) shall be submitted to Provincial Consumer Arbitration Committees.

c) In provinces with metropolitan municipality status, disputes with a value between TRY 2,000.00 (two thousand Turkish lira) and TRY 3,000.00 (three thousand Turkish lira) shall be submitted to Provincial Consumer Arbitration Committees.

This Agreement is entered into for commercial purposes.

14. EFFECTIVE DATE

When the BUYER makes payment for the order placed through the Site, the BUYER shall be deemed to have accepted all terms and conditions of this Agreement.

The SELLER is obliged to make the necessary software arrangements to ensure that, prior to completion of the order, confirmation is obtained that the BUYER has read and accepted this Agreement on the website.

SELLER: Moka Agro Gıda Ticaret - Tuğsal Gürtuna

BUYER:

DATE: 10 August 2026