DISTANCE SALES CONTRACT
PLEASE, in accordance with the relevant law, print out the following contract text in 12-point bold font and read it. In addition; every buyer who shops from our website is deemed to have read and accepted, without the need for any further notice, all the provisions of our sales contract below, which has been drawn up by us.
SELLER: DEMİREN İNŞAAT
ADDRESS: Karaköy mah karaköy sok küme evleri no 23/58 Battalgazi/Malatya
TELEPHONE: 08503075046
E-MAIL: [email protected]
BUYER: Customer (The Buyer is the person who makes a purchase on the Seller’s website
lavinscarfs.com
. The address and contact details declared by the Buyer in the invoice and contact information are taken as basis.)
By accepting this contract, the BUYER hereby acknowledges in advance that, if he/she approves the order subject to the contract, he/she will be under the obligation to pay the price of the order and, if any, the shipping fee, taxes and other additional charges specified, and that he/she has been informed in this regard.
By accepting this contract, the BUYER hereby acknowledges in advance that, if he/she approves the order subject to the contract, he/she will be under the obligation to pay the price of the order and, if any, the shipping fee, taxes and other additional charges specified, and that he/she has been informed in this regard.
ARTICLE 2: SUBJECT OF THE CONTRACT:
The subject of this contract is to determine, in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, the rights and obligations of the parties with respect to the sale and delivery of the goods/services which the Buyer has ordered electronically via the Seller’s website
lavinscarfs.com
, which possess the characteristics mentioned in this contract and whose sales price is specified again in this contract.
The Buyer accepts and declares, in accordance with the provisions of this contract, that he/she has been informed of all preliminary information regarding the goods/services subject to sale, such as the basic characteristics, sales price, method of payment, delivery conditions, etc., as well as of the right of withdrawal, that he/she has confirmed these preliminary information electronically and thereafter placed an order for the goods/services. Likewise, since the return of products whose packaging, seal, tape, box or similar protective elements have been opened after delivery is not suitable for health and hygiene reasons, the right of withdrawal cannot be exercised in any way in respect of such products. Opening the product packaging falls within the scope of the exceptions to the right of withdrawal.
The prices listed and announced on the site are the sales prices. The announced prices remain valid until they are updated or changed. In the case of a product announced for a limited period, the announced price shall remain valid until the end of the specified period.
The Buyer accepts and undertakes that, both when registering on the site and during the purchase, the data entered into the system belong to him/her or that he/she has permission to use or share such data; that he/she will not enter into the system any data that do not belong to him/her or which he/she is not entitled to use; and that otherwise all responsibility shall lie with him/her.
lavinscarfs.com
’s pre-information on the payment page and the invoice constitute integral parts of this contract. At the moment the order is placed, the Buyer is deemed to have accepted all the terms of this contract.
ARTICLE 3: DATE OF THE CONTRACT, DELIVERY OF THE GOODS/SERVICES, PLACE OF PERFORMANCE OF THE CONTRACT AND METHOD OF DELIVERY:
This contract is issued on the date when the Buyer places the order. The goods/services shall be delivered to the address at which the Buyer has requested delivery to be made. Packages that are thought to have been damaged during shipment must be opened and checked in the presence of the authorized representative of the cargo company at the time of delivery. If there is any damage to the product, a report must be drawn up with the cargo company and the product must not be accepted. If no report is drawn up, the BUYER shall be deemed to have accepted that the cargo company has duly fulfilled its duty after the product has been delivered.
ARTICLE 4: GENERAL PROVISIONS
4.1. The BUYER accepts that he/she has read and been informed about the basic characteristics of the products displayed on the WEBSITE, the sales price and method of payment, and the preliminary information regarding delivery, and that he/she has given the necessary confirmation for the sale in electronic environment.
4.2. The PRODUCT shall be delivered, together with its invoice, packaged and intact, to the delivery address specified by the BUYER on the WEBSITE, within a maximum of 30 days.
4.3. If the PRODUCT is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible for the refusal of such person/entity to accept the delivery.
4.4. The BUYER is responsible for checking the PRODUCT upon delivery and, if any problem caused by the cargo is detected in the PRODUCT, for not accepting the PRODUCT and having a report drawn up by the authorized representative of the CARGO company. Otherwise, the SELLER will not accept any responsibility.
4.5. The Contract approved by the BUYER during the purchase on the WEBSITE is valid and sufficient in all circumstances.
4.6. Unless otherwise stipulated in writing by the SELLER, the BUYER must fully pay the price of the PRODUCT before delivery. If the price of the PRODUCT is not paid to the SELLER before delivery, the SELLER may unilaterally terminate the contract and refuse to deliver the PRODUCT.
4.7. In the event that, after delivery of the PRODUCT, for any reason, the bank/financial institution to which the credit card used for the transaction belongs does not pay the product price to the SELLER, the PRODUCT must be returned to the SELLER by the BUYER within 3 days at the latest, with all costs borne by the BUYER. The SELLER’s all contractual and legal rights, including but not limited to pursuing the product price receivable, shall remain reserved in any case. For the avoidance of doubt; instalment/term payment opportunities provided by institutions such as banks and finance companies, which issue credit cards, instalment cards, etc., are a credit and/or directly an instalment payment opportunity provided by the said institutions; sales of PRODUCTS made within this framework, where the SELLER has collected the full price, are not deemed as sales by instalments between the parties to this Contract, but as cash sales. The SELLER’s legal rights in cases deemed to be sales by instalments under the law (including the right to terminate the contract and/or to demand the payment of the entire remaining debt together with default interest in case of non-payment of any instalment) are reserved and remain in force. In the event of the BUYER’s default, a default interest at a rate of 5% per month shall be applied.
ARTICLE 5: RIGHT OF WITHDRAWAL
You may return the order that has reached you, without opening in any way the SELLER product box on it, within 14 days with the approval of customer services. After your order reaches our return warehouse, it is examined and, once it is confirmed that it has not been opened, your refund will be made to your bank.
Please open and check any packages you think may have been damaged during shipment in the presence of the cargo company representative before accepting them. If there is any damage to the product, have a report drawn up by the cargo company and do not accept the product. If you do not have a report drawn up, please remember that after the product has been delivered, you are deemed to have accepted that the cargo company has duly fulfilled its duty.
If any deterioration, breakage, damage, tearing, use or similar conditions are detected in the product, and if the product is not returned in the same condition as it was delivered to the customer, the product will not be accepted for return and its price will not be refunded.
In case you return the product, your return process will be finalized within seven (7) business days from the moment the product reaches the company.
After the return process is approved, credit card refunds will be made within 5 business days. Your bank may not reflect credit card refunds to your account in the same statement period. In such case, you need to contact your bank’s credit card services.
ARTICLE 6: PROTECTION OF PERSONAL DATA AND CONFIDENTIALITY
The information specified by the BUYER in this Contract and the information he/she has provided to the SELLER for the purpose of making payment shall not be shared by the SELLER with any third party, except for the contracted cargo company. In the event that the SELLER is obliged to disclose such information due to administrative or legal obligations, the BUYER may not hold the SELLER responsible. The SELLER declares that it will process the personal data of the BUYER, who is a party to the Contract, in accordance with its primary and secondary obligations arising from Law No. 6698, in a proper manner for the purpose of execution and establishment of this Contract, and that it will ensure data security by preventing unlawful processing, access and disclosure of the personal data of the BUYER and by ensuring their protection, and that sufficient technical and administrative measures have been taken in this context. The SELLER will also delete, destroy or anonymize the data for which the purpose of processing no longer exists, while complying with the periods stipulated in other laws. By approving this Contract, the BUYER accepts, declares and undertakes that he/she has been informed in accordance with Law No. 6698, within the scope of the Information Notice, regarding the processing of personal data by the SELLER.
ARTICLE 7: AGREEMENT ON EVIDENCE, COMPETENT COURT AND ENFORCEMENT
In the resolution of any disputes that may arise from and/or in connection with this Contract and/or its implementation, the SELLER’s records (including those kept in magnetic media such as computer and audio recordings) shall constitute conclusive evidence; Consumer Arbitration Committees up to the value announced by the Ministry of Science, Industry and Technology, and in cases exceeding this value, the ISTANBUL ANATOLIA/EUROPE Consumer Courts and Enforcement Offices shall be competent.
The BUYER declares, accepts and undertakes that he/she has read all the conditions and explanations written in this contract and in the order form, which is its integral part, that he/she has received, examined and accepted the sales conditions and all other preliminary information.
When the BUYER makes the payment for the order placed on the Site, he/she is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements so as to obtain the BUYER’s confirmation that this contract has been read and accepted on the site before the order is finalized.