Distance Sales Agreement
1. PARTIES This Agreement is signed under the following terms and conditions between the parties stated below.
A. ‘BUYER’; (hereinafter referred to as "BUYER" in this contract)
Name and Surname:
Address:
B. ‘SELLER’; (hereinafter referred to as "SELLER" in this contract)
Name and Surname: Liosa Tasarım Sanayi ve Ticaret Limited Şirketi - I FEEL SO COOL
Address: Kütahya
By accepting this agreement, the BUYER acknowledges that if the BUYER approves the order subject to the contract, they will be obligated to pay the order amount and any additional fees such as shipping fees, taxes, etc., and that they have been informed about this in advance.
2. DEFINITIONS In the application and interpretation of this contract, the following terms will have the meanings written against them: MINISTER: Minister of Customs and Trade, MINISTRY: Ministry of Customs and Trade, LAW: Law No. 6502 on the Protection of Consumers, REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188) SERVICE: The subject of any consumer transaction other than providing goods, performed or promised to be performed in exchange for a fee or benefit, SELLER: The company that offers goods to the consumer as part of its commercial or professional activities, or acts on behalf of or on account of the goods supplier, BUYER: A real or legal person who acquires, uses, or benefits from a good or service for purposes that are not commercial or professional, SITE: The internet site owned by the SELLER, ORDERER: A real or legal person who requests a good or service from the SELLER's website, PARTIES: SELLER and BUYER, AGREEMENT: This agreement concluded between SELLER and BUYER, GOODS: Movable property subject to shopping and software, sound, image, and similar intangible goods prepared for use in electronic environments.
3. SUBJECT This Agreement regulates the rights and obligations of the parties regarding the sale and delivery of the product specified below, which the BUYER has ordered electronically from the SELLER's website, in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation. The prices listed and announced on the site are the selling prices. The announced prices and promises are valid until they are updated and changed. Temporarily announced prices are valid until the end of the specified period.
4. SELLER INFORMATION Company Name: Address: Phone: Fax: Email:
5. BUYER INFORMATION Recipient: Delivery Address: Phone: Fax: Email/username:
6. ORDERER INFORMATION Name/Surname/Title: Address: Phone: Fax: Email/username:
7. PRODUCT/PRODUCTS INFORMATION SUBJECT TO THE AGREEMENT 7.1. The basic characteristics of the goods/product/products/service (type, quantity, brand/model, color, quantity) are published on the SELLER's website. You can review the basic characteristics of the relevant product during the campaign period if the seller has organized a campaign. The campaign is valid until the campaign date. 7.2. The listed and announced prices on the site are the selling prices. The announced prices and promises are valid until they are updated and changed. Temporarily announced prices are valid until the end of the specified period. 7.3. The total selling price of the goods or services, including all taxes, is shown below.
Product Description Quantity Unit Price Subtotal (Including VAT)
Shipping Fee Total:
Payment Method and Plan: Delivery Address: Recipient: Invoice Address: Order Date: Delivery Date: Delivery Method:
7.4. The shipping fee for the product will be paid by the BUYER.
8. INVOICE INFORMATION Name/Surname/Title: Address: Phone: Fax: Email/username: Invoice delivery: The invoice will be delivered along with the order to the invoice address during the order delivery.
9. GENERAL PROVISIONS 9.1. The BUYER acknowledges, declares, and undertakes that they have read, understood, and electronically confirmed the preliminary information about the basic characteristics, sales price, payment method, and delivery information of the product subject to the contract on the SELLER's website. The BUYER acknowledges, declares, and undertakes that they have received the address to be given by the SELLER, the basic characteristics of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely, before the establishment of the distance sales contract. 9.2. Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER, provided that the legal 30-day period is not exceeded, depending on the distance of the BUYER's settlement, within the period specified in the preliminary information section of the website. If the product cannot be delivered to the BUYER within this period, the BUYER has the right to terminate the contract. 9.3. The SELLER agrees, declares, and undertakes to deliver the product subject to the contract fully, in accordance with the specifications specified in the order, and with any necessary documents such as warranty certificates, user manuals, and any information and documents required by the work, free of any defects, in accordance with the legal requirements, in a solid manner, in accordance with the standards, in accordance with the principles of integrity and honesty, to maintain and improve the service quality, to show the necessary care and attention during the performance of the work, and to act with foresight and prudence. 9.4. The SELLER may supply a different product of equal quality and price, provided that it informs the BUYER and obtains their explicit approval, before the expiry of the performance obligation arising from the contract. 9.5. If the SELLER cannot fulfill its contractual obligations due to the impossibility of fulfilling the order subject to the contract, it accepts, declares, and undertakes that it will notify the consumer of this situation in writing within 3 days from the date it learns about it, and return the total price to the BUYER within 14 days. 9.6. The BUYER agrees, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the contract, and if for any reason the product subject to the contract price is not paid or canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will end. 9.7. The BUYER agrees, declares, and undertakes that if the product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER, and if the related bank or financial institution does not pay the product price to the SELLER due to unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER will return the product subject to the contract to the SELLER within 3 days at the SELLER's expense. 9.8. The SELLER agrees, declares, and undertakes that if it cannot deliver the product subject to the contract within the period due to force majeure such as unforeseen circumstances, natural disasters, war, or other events beyond the parties' control, it will notify the BUYER of this situation, and the BUYER has the right to cancel the order, request a replacement product if available, and/or postpone the delivery period until the impediment is removed. If the BUYER cancels the order, the amount paid by the BUYER will be refunded to them in cash and in full within 14 days in the case of payments made in cash. For payments made by credit card, the product amount will be refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process of reflecting the amount refunded to the credit card by the SELLER to the BUYER's account by the bank may take 2 to 3 weeks, and that the reflection of this amount in the BUYER's accounts after the refund to the bank is entirely related to the bank's transaction process, and that the BUYER cannot hold the SELLER responsible for possible delays. 9.9. The SELLER has the right to contact the BUYER via letter, e-mail, SMS, phone call, and other means of communication through the address, e-mail address, fixed and mobile phone lines, and other contact information provided by the BUYER in the registration form or updated later by the BUYER for communication, marketing, notification, and other purposes. By accepting this Agreement, the BUYER agrees and declares that the SELLER can engage in the above-mentioned communication activities directed at them. 9.10. The BUYER will inspect the goods/services subject to the contract before receiving them; will not receive damaged and defective goods/services such as crushed, broken, torn packaging from the cargo company. The delivered goods/services will be deemed to be undamaged and intact. The duty of careful protection of the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned. 9.11. In cases where the credit card holder used during the order is not the same person as the BUYER or a security vulnerability is detected before the delivery of the product to the BUYER, the SELLER may request from the BUYER the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the bank of the cardholder confirming that the credit card belongs to them. The order will be frozen until the BUYER provides the information/documents subject to the request within 24 hours. If the mentioned requests are not met within 24 hours, the SELLER has the right to cancel the order. 9.12. The BUYER declares and undertakes that the personal and other information provided by the BUYER when signing up to the SELLER's website is true and that the BUYER will immediately compensate the SELLER for all damages that the SELLER may incur due to the inaccuracy of this information, upon the SELLER's first notification. 9.13. The BUYER agrees and undertakes to comply with the provisions of the legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and penal liabilities will fully and exclusively bind the BUYER. 9.14. The BUYER cannot use the SELLER's website in any way that disrupts public order, violates public decency, disturbs or harasses others, for an unlawful purpose, or in a way that infringes on the material and moral rights of others. In addition, the BUYER cannot engage in activities that prevent or make it difficult for others to use the services (spam, virus, Trojan horse, etc.). 9.15. Links to other websites and/or other content that are not under the SELLER's control may be provided on the SELLER's website. These links are provided to the BUYER for ease of reference, and the SELLER does not support any website or the persons operating the website, and it does not constitute any guarantee for the information contained in the linked website. 9.16. The member who violates one or more of the articles listed in this Agreement is personally liable criminally and legally for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Also, in case of violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership agreement if the case is referred to the legal field due to this violation.
10. RIGHT OF WITHDRAWAL 10.1. The BUYER may use the right to withdraw from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/organization at the address indicated by the BUYER, without taking any legal or penal responsibility and without giving any reason, provided that the SELLER is notified through the following contact information. 10.2. CONTACT INFORMATION TO BE USED FOR THE NOTIFICATION OF THE SELLER'S RIGHT OF WITHDRAWAL: Company Name: Address: Email: Fax: 10.3. The right of withdrawal is not applicable to service contracts where the performance of the service has started with the approval of the consumer before the expiration of the right of withdrawal period. 10.4. For the right of withdrawal to be exercised, the SELLER must be notified in writing by registered mail, fax, or email within 14 (fourteen) days, and the product must not be used under the provisions of "Products for which the Right of Withdrawal cannot be exercised" in this contract. If this right is exercised: 10.5. 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 when returning it) must be returned. The return invoice must be issued as a return invoice, with the phrase "return" included. 10.6. The products to be returned must be delivered complete and undamaged, including the box, packaging, and standard accessories, if any. 10.7. The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the date of receipt of the withdrawal notification, and to accept the return of the goods within 20 days. 10.8. If there is a decrease in the value of the goods due to a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages at the rate of the BUYER's fault. However, the BUYER is not liable for changes and deteriorations caused by the proper use of the product or goods during the right of withdrawal period. 10.9. If the campaign limit amount set by the SELLER is reduced due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled. 10.10. For products where the right of withdrawal is not applicable: a) Products prepared in line with the BUYER's request or explicitly personalized, b) Products whose nature makes them unsuitable for return and are in danger of deteriorating quickly or have expired, c) Products whose protective elements such as packaging, tape, seal, and package are opened after delivery; products whose return is not suitable in terms of health and hygiene, d) Products that are mixed with other products after delivery and cannot be separated due to their nature, e) Goods related to periodicals such as newspapers and magazines, except those provided under the subscription agreement, f) The performance of services or intangible goods delivered to the consumer instantly, g) Audio or video recordings, books, digital content, software programs, data recording, and data storage devices, computer consumables, if the protective elements such as packaging, tape, seal, and package are opened by the BUYER, h) Goods or services, whose prices are subject to fluctuations in the financial markets and are not under the control of the seller or supplier, i) Services performed before the expiration of the right of withdrawal period with the approval of the consumer, j) Products or services that are offered under promotional or free use and cannot be sold for consideration.
11. EVIDENTIAL AGREEMENT AND COMPETENT COURT 11.1. In the resolution of any dispute that may arise from this Agreement, the SELLER's records (including records in magnetic media such as computer-audio records) constitute conclusive evidence. 11.2. In disputes arising from this contract, Consumer Arbitration Committees and Consumer Courts at the location of the BUYER's or SELLER's residence are authorized within the monetary limits specified in the law.
12. ENFORCEMENT This Agreement, consisting of 12 (twelve) articles, has been read by the Parties and entered into force by being approved electronically by the BUYER on [date]. By approving this Agreement, the BUYER accepts all the terms of this Agreement.
13. COMPETENT COURT
Complaints and objections arising from this contract will be submitted to the consumer arbitration committee or the consumer court at the location of the consumer's residence or where the consumer transaction is carried out, within the monetary limits specified in the following law:
As of 28/05/2014:
a) Disputes with a value of less than 2,000.00 (two thousand) TL will be submitted to district consumer arbitration committees in accordance with Article 68 of the Law No. 6502 on the Protection of Consumers,
b) Disputes with a value of less than 3,000.00 (three thousand) TL will be submitted to provincial consumer arbitration committees,
c) In provinces with metropolitan status, disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL will be submitted to provincial consumer arbitration committees. This Agreement is made for commercial purposes.
14. ENFORCEMENT
When the BUYER makes the payment for the order placed on the Site, they are deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to ensure that this contract is read and accepted by the BUYER on the site before the order is finalized.
SELLER:
BUYER:
DATE: