Distance Sales Agreement
PARTIES
SELLER :
Name – Surname : LUMIVERA SAGLIK GÜZELLIK VE KOZMETIK ÜRÜNLERI TICARET LiMITED
COMPANY
Address : AKAT MAH. EBRU SK. NO: 29A BESIKTAS / ISTANBUL
E-mail : info@eloinycare.com
MERSIS no. :
BUYER (CONSUMER):
Name – Surname :
Address :
Telephone :
E-mail :
PRODUCT PURCHASED:
Order No :
Product Name Received :
Received Product Code :
Duration 1 year
Product Cost :
Transportation Service Fee:
Total Sales Price:
Payment Method :
Person to Invoice:
Invoice Address :
Tax Office :
Tax No. :
Invoice Date :
Date of Contract :
SUBJECT OF THE CONTRACT
This Agreement has been arranged in accordance with the provisions of the Distance Contracts Regulation, which entered into force on 27.02.2015 after being published in the Official Gazette dated 27.11.2014 and numbered 29188, which was prepared in accordance with Articles 48 and 84 of the Law on the Protection of Consumers dated 07.11.2013 and numbered 6502.
The Seller and the Buyer, who are the parties to this Agreement, hereby accept and declare that they know and understand their obligations and responsibilities arising from the Law on Consumer Protection and the Regulation on Distance Contracts.
GENERAL PROVISIONS
The parties to this Agreement are the Buyer and the Seller. All obligations and responsibilities related to the fulfillment of this Agreement belong to the parties to the Agreement. This Agreement shall enter into force on the date of electronic approval by the Buyer.
The Buyer accepts and declares that he / she has read and understood all the information regarding the features and conditions of sale of the product subject to the Contract specified in Article 3, as well as the order, payment and / or usage information on the website, including the order and payment terms, and that he / she has given the necessary consent to purchase electronically for the purchase of this product.
The Seller is responsible for the delivery of the certificate subject to the Contract intact, complete, in the form and in accordance with the specifications listed. The information provided by the Buyer must be correct and complete. The Buyer agrees to cover the damages arising from situations where this information is not correct or incomplete, and also any responsibility that may arise from this situation belongs to the Buyer.
If the product subject to the contract is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible for the refusal of the person/organization to accept the delivery.
If for any reason the product price is not paid or canceled by the Buyer or third parties in the bank records, the Seller is deemed to be released from the obligation to deliver the product.
The Seller reserves the right to stop the order when it deems necessary, when the information provided by the Buyer does not correspond to reality. In cases where the Seller detects a problem in the order, if the Buyer cannot reach the Buyer at the telephone, e-mail and e-mail addresses provided by the Buyer, it freezes the execution of the order for 15 (fifteen) days. The Buyer is expected to contact the Seller during this period. If no response is received from the Buyer within this period, the Seller cancels the order in order to avoid damage to both parties.
Expenses, costs and other damages arising from the Buyer’s late delivery of the product belong to the Buyer.
Except in cases where the shipping fee is shown free of charge on the product introduction page on the website / application and accordingly “0.00 TL” in this Agreement; the shipping price is added to the total amount of the order and paid by the Buyer. The shipping cost is not included in the product price.
If the Seller cannot deliver the product subject to the Contract within the period due to force majeure or extraordinary circumstances such as weather opposition that prevents transportation, interruption of transportation, it is obliged to notify the Buyer. In this case, the Buyer may use one of the rights to cancel the order, to replace the product subject to the Contract with its precedent, if any, and / or to postpone the delivery period until the elimination of the preventive situation. If the Buyer cancels the order, the amount paid by the Buyer shall be paid to him in cash and in lump sum within 10 (ten) days.
Persons under 18 years of age may not purchase the Seller’s products offered for sale, even if products intended for children are offered for sale.
The Buyer agrees that he/she is aware that he/she should also confirm the relevant interest rates and information about default interest from his/her bank, since forward sales are made only with credit cards belonging to banks.
Shopping can be made by credit card on the Website. The Buyer accepts and declares that in accordance with the provisions of the legislation in force, the provisions regarding costs, fees, interest and default interest will be applied within the scope of the credit card agreement between the bank and the Buyer, and that the Seller has no obligation in this regard.
The Seller is not responsible for price inaccuracies arising from system errors. Accordingly, the Seller is not responsible for promotional and price errors that may arise from the system, design or illegal interventions that may be made to the website. The Buyer cannot claim any rights from the Seller based on system errors.
The Buyer accepts, declares and undertakes that the information belonging to them specified in this Agreement is the information they enter on the website / application, that this Agreement will be valid with the information provided by them even if they enter this information incorrectly or incompletely for any reason, and that the Seller has no obligation to check the accuracy and validity of the information provided by the Buyer.
RIGHT OF WITHDRAWAL
Within the scope of the Distance Sales Contract, the photo frame and information card will be delivered to the Buyer’s address together with the certificate on behalf of the Buyer. Pursuant to Article 15/1-b of the Regulation on Distance Contracts, the right of withdrawal cannot be exercised in contracts for goods prepared in line with the consumer’s wishes or personal needs.
DEFAULT PROVISIONS
In the event that the parties do not fulfill their obligations arising from this Agreement, the provisions regarding the default of the debtor in Articles 117 and following of the Turkish Code of Obligations shall apply. In cases of default, in the event that any party fails to fulfill its obligations within the due time without a justifiable reason, the other party shall give a period of seven days to the non-performing party to fulfill the performance in question. In the event that it is not fulfilled within this period, the right to demand the delivery of the goods and / or the termination of the contract and the return of the price will arise by demanding the performance of the performance from the party that does not fulfill its performance.
MISCELLANEOUS CIRCUMSTANCES
Situations that did not exist and were not foreseen at the time of the signing of the contract, that were beyond the control of the parties, that made it impossible for one or both of the parties to fulfill their obligations and responsibilities under the contract partially or completely or to fulfill them on time, shall be considered as force majeure (natural disasters, war, terrorism, insurrection, legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). In this case, the Parties shall not be held liable for any failure to fulfill their obligations under the Agreement.
COMPETENT COURT
In the implementation of this Agreement and in disputes that may arise; Consumer Arbitration Committees in the settlement of the Buyer or Seller up to the value announced by the Ministry of Customs and Trade every year, and Consumer Courts are authorized in disputes above the said value.
This Agreement has been read, accepted and confirmed by the Buyer electronically. In matters not regulated in this Agreement, the provisions of the Law No. 6502 on the Protection of Consumers and other relevant legislation shall apply.
This Agreement has been issued on the date of the electronic approval of the Buyer and entered into force on the date of electronic approval by the Buyer.