Distance Sales Contract
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Parties
This Agreement is signed under the terms and conditions set forth herein between the following parties:
- 'buyer'; (referred to as the “Buyer” in the Contract)
Name:
Title:
- 'seller'; (Referred to as “Seller” in the Contract)
Name: LOFTRY ELEKTRONIK TICARET VE BILISIM HIZMETLERI ANONIM SIRKETI
Address: ZIYA G.KALP Neighborhood, Süleyman Demirel Street Office No.: 7, Door No.: 87 Basaksehir / Istanbul
- By accepting this Contract, the Buyer agrees in advance that the Contractor is responsible for paying additional fees specified in the Contract, such as the product price, shipping charges, and taxes upon order confirmation.
- 'buyer'; (referred to as the “Buyer” in the Contract)
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Definitions
When applying and interpreting this contract, written explanations must be submitted that meet the following conditions:
Minister: Minister of Customs and Trade.
The Ministry: The Ministry of Customs and Trade.
Law: Consumer Protection Law, No. 6502.
Regulation: Remote Contracts Regulation (OG: 27.11.2014 / 29188).
Service means any kind of consumer transaction other than the provision of goods that are manufactured for a fee or benefit.
Seller: The company that provides goods to the consumer in the scope of its commercial or professional activities, or on behalf of it, or works on its behalf.
Buyer: A real or legal person who obtains or benefits from a good or service for a commercial or non-professional purpose.
Site: The seller's website.
Applicant: The real or legal person who orders the good or service through the seller's website.
Parties: Buyer and Seller.
Contract: This is the contract between the seller and the buyer.
Goods: means movable items that are the subject of shopping, software, audio, video and similar intangible goods, intended for use in the electronic environment.
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Subject
This agreement regulates the rights and obligations of the parties in accordance with the provisions of Consumer Protection Law No. 6502, and the regulations for distance contracts in relation to the sale and delivery of products, which the buyer ordered electronically through the seller's website, and whose characteristics and sales prices are specified below.
The prices listed and announced on the website are the selling price.
Prices and promises are valid until updated and modified.
Prices announced on a periodic basis are valid until the end of the specified period.
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Seller Information
Name: LOFTRY ELEKTRONIK TICARET VE BILISIM HIZMETLERI ANONIM SIRKETI
Address: ZIYA G.KALP Neighborhood, Süleyman Demirel Street Office No. 7, Door No. 87 Basaksehir / Istanbul
Tel: 05050769410
Fax:
E-mail: [email protected]
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Buyer Information
Recipient
Delivery address
Phone
Fax
Email/Username
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Order Information
Name / Last Name / Surname
Title
The phone
fax
Email/Username
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Product subject of contract/Products information
7.1 The basic characteristics (type, quantity, brand/model, color, number) of the commodity/product(s)/service shall be published on the seller's website.
While the seller has organized a campaign, you can review the basic features of the desired product during the campaign. Valid until the campaign date.
7.2 The prices listed and advertised on the Website are the selling price. The announced prices and promises are valid until updated and modified. Prices announced on a periodic basis are valid until the end of the specified period.
7.3 The selling price of the contract's goods or services, including all taxes, is shown below.
Product Description
Quantity
unit price
Total amount
(tax included)Order Quantity
Total:
Payment plan and method
Delivery address
The recipient
Billing address
The date of the request
Delivery date
Delivery method
7.4 Buyer pays shipping fee; Which is the cost of shipping the product.
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Invoice Information
Name / Last Name / Surname
Title
The phone
fax
Email/Username
Invoice Delivery: The invoice will be delivered with the order to the billing address.
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General Provisions
9.1 The Buyer represents, declares and undertakes that it has read the preliminary information on the essential features of the product under the Contract, the selling price, the method of payment and delivery on the Seller's website, and has given the necessary confirmation electronically. By confirming the Preliminary Information electronically, the Buyer represents, declares and undertakes that it has obtained the address, essential features of the Products ordered, price of the Products including taxes, payment and delivery information complete and accurate, prior to concluding the Distance Sale Contract.
9.2 The products subject to the contract shall be delivered to the purchaser, person or organization at the address indicated by the purchaser, within the period specified in the preliminary information depending on the distance of the purchaser's country, so that the legal period does not exceed 30 days. 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 presents the product subject to the contract in its entirety, free of all kinds of defects, in accordance with the qualifications specified in the order, with warranty documents, user manual if any, and with information and documents required during work. The seller also undertakes to work in accordance with the standards and principles of integrity and accuracy, and to act with caution and wisdom, to maintain and develop the quality of service, to show the necessary care and attention while performing the work.
9.4 The seller may supply a different product of the same quality and price after informing the buyer and obtaining his express consent before the contractual performance obligation expires.
9.5 In the event that the seller cannot fulfill the contractual obligations and it is impossible to provide the product or service subject to the contract, the seller represents, declares and undertakes to notify the consumer in writing within three days of his knowledge of this, and to return the total price to the buyer within 14 days.
9.5 /p>
9.6 Buyer acknowledges, declares and undertakes to electronically confirm this Contract to deliver the Product Subject to the Contract, and the Seller's obligation to deliver the Product Subject to the Contract will terminate if the price of the Product Subject to the Contract is not paid/cancelled in the bank records for any reason.< /p>
9.7 After the product subject to the contract has been delivered to the buyer/person/organization at the address provided by the buyer, if the price of the product subject to the contract has not been paid to the seller through the relevant bank/financial institution, due to use Unauthorized person crediting the Buyer's credit card dishonestly, the Buyer acknowledges, declares and undertakes to return the Product subject to the Contract to the Seller within three days at the Seller's expense.
9.8 The seller acknowledges, declares and undertakes to notify the buyer in the event that the product subject to the contract cannot be delivered within the agreed time, due to unforeseen force majeure circumstances that occurred outside the control of the parties and prevented the parties from fulfilling their covenants. The buyer has the right to ask the seller to cancel the order and replace the product subject to the contract with an equivalent product, if any, or delay the delivery period until the obstacles are overcome. If the buyer cancels the order, the buyer will be reimbursed in cash for the full amount of the product paid within 14 days. Payments made by the Buyer via credit card will be returned to the relevant bank within 14 days after the Buyer cancels the order. The Buyer accepts, acknowledges and undertakes that the process of returning the amount by the Seller to his bank account may take two or three weeks, and therefore, as the process of returning payments to the Buyer's bank account is linked to banking transactions, the Buyer is not entitled to hold the Seller responsible for the possible delay.
9.9 The Seller has the right to communicate with the Buyer for marketing, informational and other purposes via messages, e-mail, SMS, phone calls, etc., by means of the address, e-mail, telephone and contact information specified and updated by the Buyer in the registration form on the Site. By accepting this Contract, the Buyer acknowledges and declares that the Seller may communicate via the aforementioned means of communication.
9.10 The buyer inspects Goods/services contracted prior to delivery; It does not accept bumped, broken, torn, etc. packaging, as well as damaged and defective goods/services from the shipping company. Goods/services received shall be deemed undamaged and intact. The buyer is responsible for maintaining the goods/services after delivery. If the right of return is used, the goods/services should not be used. The invoice should be returned.
9.11 if not the buyer and the owner of the credit card used in the order are the same person, or if a security vulnerability is exposed in the credit card used in the order before the product is delivered, the seller may ask the buyer to provide the identity and contact information of the credit card owner, or the statement of the credit card used in the order for the previous month , or a letter from the bank confirming that the credit card belongs to him. The order is frozen until the buyer provides the information/documents related to the order, and if the requirements are not met within 24 hours, the seller has the right to cancel the order.
9.12 The Buyer represents and warrants that the personal and other information provided during registration on the Seller's website is correct and, upon the first notification of the Seller, will be liable to compensate all damages incurred by the Seller as a result of the incorrectness of this information.
9.12 p>9.13 The Buyer accepts and undertakes from the outset to comply with and not violate the provisions of the statutory legislation when using the Seller's website. Otherwise, the buyer will bear full and exclusive responsibility for all legal and criminal liabilities.
9.14 The Buyer may not use the Seller's Website in any way that disturbs public order, violates public morals, disturbs or annoys others, violates the tangible or moral rights of others, or for an unlawful purpose. In addition, the Member cannot engage in activities (spam, viruses, Trojan horses, etc.) that prevent or make it difficult for others to use the Services.
9.15 through the site on Seller's website, you may provide links to other sites or content that are not affiliated with, owned or operated by third parties. These links are provided for the benefit of the purchaser, do not endorse any website or the administrator of that website, and do not constitute any warranty for the information contained in the linked website.
9.16 The member who violates the articles listed in this contract bears criminal and civil liability for this violation, and the seller is not responsible for the legal and penal consequences of these violations. As a result of this violation, the seller has the right to seek compensation for the violation of the membership agreement if the event develops into the legal field.
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Right of withdrawal
10.1 In the event that the distance contract relates to the sale of commodities; The buyer may use the right to withdraw from the contract within 14 days from the date of delivery of the product to him/her/the person/organization at the address indicated in the contract, by rejecting the goods without giving any reason, incurring any civil liability or criminal. In service distance contracts, this period starts from the date of signing the contract. Before the expiration of the right of withdrawal, the right of withdrawal is not exercised in service contracts whose service has been initiated with the consent of the consumer. The seller bears the expenses resulting from the use of the right of withdrawal. The Buyer acknowledges in advance that he is informed of the right of withdrawal when accepting to enter into this Contract.
10.2 To use the right of withdrawal, the seller must be notified in writing within 14 days via registered mail, fax or e-mail, with the product not being used in accordance with the provisions of Products to which the right of withdrawal does not apply. If this right is exercised,
- Invoice for the product delivered to the third person or the buyer, (If the invoice for the product to be returned is corporate, it is sent with the invoice prepared by the organization upon return. The return of the order, which was invoiced in the name of the organizations, cannot be completed if the return invoice is not issued.)
- Return form,
- Products to be returned must be delivered complete and undamaged with box, packaging and standard accessories, if any.
- The seller is obliged to return the total price and the documents that owe the buyer, to the buyer within a maximum period of 10 days from receiving the withdrawal request and return the goods within 20 days.
- If the value of the goods decreases as a result of the buyer's fault or if it is impossible to return, the buyer is obligated to compensate the seller for the damages incurred to the extent of the fault he caused. However, the buyer is not responsible for the changes and deterioration that occur with the proper use of the products during the period of the right of withdrawal.
- If the campaign limit amount set by the seller falls as a result of using the right to withdraw, the discount amount used within the scope of the campaign will be cancelled.
- Products without Right of Withdrawal
Products made according to the purchaser's request, or personal needs that are not appropriate for return, such as underwear, swimwear and bikini bottoms, make-up, disposable/perishable products, or products which may expire, products that are not suitable for return in accordance with health and hygiene conditions if their packaging has been opened after delivery to the buyer, products that have been mixed with other products after delivery and inseparable by reason of their nature, periodical products such as newspapers and magazines other than provided under a subscription agreement, services that operate immediately electronically, or intangible goods immediately received by the consumer, and in accordance with the regulations are not refundable audio and video recordings, books, digital content, software or hardware Recording and storing data or computer consumables if the buyer opens their packaging. In addition, according to the regulation, the right of withdrawal is not used for services that have been initiated with consumer consent before the right of withdrawal expires.
to use the right to withdraw cosmetics, personal care products, underwear, swimwear; bikini, books, dual software; DVDs, Video CDs, CDs and Tapes; and stationery consumables (ink, ink cartridge, tape, etc.) & be undamaged & unused
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Failure and its legal consequences
The Buyer acknowledges, declares and undertakes to pay interest under the credit card agreement between him and the Bank and to be liable to the Bank if he defaults on payment transactions by credit card. In such case, the concerned bank may take legal action; Solicits costs and attorneys' fees from the buyer. In all cases, if the buyer fails to pay, the buyer acknowledges, declares, and undertakes to pay for the damages and losses incurred by the seller as a result of the delayed payment of the debt.
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The competent court
Complaints and objections in disputes arising from this contract shall be submitted to an arbitration committee or consumer court in the place where the consumer is located or where his transactions take place, within the financial limits specified in the provision below. The financial limits are mentioned below.
As of 05/28/2014:
- Local Consumer Arbitration Committees in disputes with a value of less than 2,000 (two thousand) Turkish liras in accordance with Article 68 of Law No. 6502 on Consumer Protection.
- Regional Consumer Arbitration Committees in disputes with a value of less than 3,000 (three thousand) Turkish liras.
- In provinces with metropolitan status, applications are submitted to Regional Consumer Arbitration Committees with a value between 2,000 (two thousand) Turkish liras and 3,000 (three thousand) Turkish liras.
This agreement is intended for commercial purposes.
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Implementation
When the buyer pays for the order he placed on the site, he is deemed to have accepted all the terms of this contract. The seller is obliged to make the necessary software settings on the site to obtain confirmation that the buyer has read and agreed to this contract before executing the order.
Seller:
Buyer:
Date: