Distance Sales Contract
Distance Sales Contract
This Agreement has been signed between the following parties under the terms and conditions set forth herein.
‘BUYER'; (hereinafter referred to as "BUYER" in the contract)
‘SELLER'; (hereinafter referred to as "SELLER" in the contract)
NAME: LOFTRY ELEKTRONIK TICARET VE BILISIM HIZMETLERI ANONIM SIRKETI
ADDRESS: ZIYA G.KALP MAH. SULEYMAN DEMIREL BLV. THE OFFICE NO: 7 E IC KAPI NO: 87 BASAKSEHIR/ ISTANBUL
By accepting this contract, the BUYER agrees in advance that the contractor will be liable to pay the additional charges specified in the contract, such as the price of the order and the shipping charge, tax if the order is approved.
In the application and interpretation of this contract, they shall express written explanations satisfying the following terms:
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law on the Protection of Consumers, numbered 6502,
REGULATION: Regulation on Distance Contracts (OG: 27.11.2014 / 29188)
SERVICE: The subject of any kind of consumer transaction outside the provision of goods made or undertaken against a fee or benefit.
SELLER: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of, or on account of it.
BUYER: A real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes.
SITE: SELLER’s website.
ORDERER: Real or legal person who requests a good(s) or service(s) through the website of SELLER.
PARTIES: SELLER AND BUYER.
CONTRACT: This contract is concluded between the SELLER and the BUYER,
GOODS: It refers to the movable items that are the subject of shopping, and the software, sound, image, and similar intangible goods prepared for use in the electronic environment.
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumer Numbered 6502 and Regulation on Distance Contracts regarding the sale and delivery of the products, which the BUYER has ordered electronically through the SELLER website, and whose qualities and sales prices are specified below.
The prices listed and announced on the site are the selling price. The advertised prices and promises are valid until updated and modified. The prices announced on a regular basis are valid until the end of the specified period.
Title: LOFTRY ELEKTRONIK TICARET VE BILISIM HIZMETLERI ANONIM SIRKETI
Address: ZIYA G.KALP MAH. SULEYMAN DEMIREL BLV. THE OFFICE NO: 7 E IC KAPI NO: 87 BASAKSEHIR/ ISTANBUL
Email: [email protected]
Name / Surname / Title
Email / username
CONTRACT SUBJECT PRODUCT / PRODUCTS INFORMATION
The basic features (type, quantity, brand/model, color, number) of the Good / Product / Products / Service are published on the website of the SELLER. If the seller organizes a campaign, you can review the basic features of the relevant product during the campaign. It is valid until the campaign date.
7.2. The prices listed and announced on the site are the selling price. The advertised prices and promises are valid until updated and modified. The prices announced on a regular basis are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Payment Method and Plan
The person to be delivered
7.4. The shipping fee, which is the shipping cost of the product, will be paid by the BUYER.
8. INVOICE INFORMATION
Name / Surname / Title
Email / username
Invoice delivery: The invoice will be delivered to the billing address together with the order.
9.1. The BUYER accepts, declares and undertakes that he/she has read the preliminary information regarding the basic features of the product subject to the contract, the sales price and the form of payment and the delivery on the website of the SELLER and that he/she has given the necessary confirmation in the electronic environment. By confirming the Preliminary Information electronically, the BUYER accepts, declares and undertakes that, he/she has obtained the address, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately 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, within the period specified in the preliminary information section, depending on the distance of the BUYER, not exceeding the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER submits the product subject to the contract in full, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, with the information and documents required by the work, and free from all kinds of defects. The SELLER also undertakes to perform in accordance with the standards and the principles of accuracy and honesty, to act with caution and foresight, to maintain and increase the quality of service, to show the necessary care and attention during the performance of the work.
9.4. The SELLER may supply different product of equal quality and price by informing the BUYER and obtaining explicit consent before the contractual performance obligation expires.
9.5. If the SELLER fails to fulfill the contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, the SELLER accepts, declares and undertakes that he/she will notify the consumer in writing within 3 days from the date of learning, and return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that he/she will confirm this Contract electronically for the delivery of the contract subject product and the SELLER's obligation to deliver the contract subject product will be terminated if the price of the contract subject product is not paid and / or canceled in the bank records for any reason.
9.7. After the delivery of the product subject to the contract to the BUYER or the person and/or organization at the address indicated by the BUYER, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the credit card of the BUYER by unauthorized persons, the BUYER accepts, declares and undertakes that the product subject to the contract will be returned to the SELLER within 3 days at the expense of the SELLER.
9.8. The SELLER accepts, declares and undertakes that he/she will notify the BUYER if he/she cannot deliver the contract subject product within due time, due to unforeseen force majeure conditions occurred beyond the control of the parties and preventing the parties from fulfilling their debts. The BUYER also has the right to request from the SELLER to cancel the order, to replace the contract subject product with the equivalent ones, if any, and / or to delay the delivery period until the obstacle disappears. In the event that the BUYER cancels the order, the amount of the product paid by the Buyer is reimbursed to him/her fully paid in cash within 14 days. Payments made by the BUYER with credit card will be returned to the relevant bank within 14 days after the BUYER cancels the order. The BUYER accepts, declares and undertakes that the average process of reflecting the amount returned to the credit card by the SELLER to his/her account by the bank may take 2 to 3 weeks, and since the process of reflecting the amount in the BUYER's accounts after the return of this amount to the bank is completely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification and other purposes through letter, e-mail, SMS, phone call and other means through the address, e-mail, telephone and other contact information specified or updated by the BUYER in the registration form on the site. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
9.10. The BUYER will inspect the contracted goods/services before delivery; and will not accept dented, broken, torn packaging, etc. damaged and defective goods / services from the cargo company. The received goods/services will be deemed to be undamaged and intact. The responsibility of carefully protecting 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.If the BUYER and the credit card holder used in the order are not the same person, or before the delivery of the product if a security gap is detected regarding the credit card used in the order, The SELLER may request from the BUYER to present the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order or a letter from the bank stating that the credit card belongs to him/her. The process of the order will be frozen until the BUYER provides the information/documents subject to the request, and if the 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 while signing up to the SELLER’s website are true, and that upon the SELLER's first notification, he/she will immediately indemnify all damages that the seller will suffer due to the inaccuracy of this information.
9.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them when using the website of the SELLER. Otherwise, the BUYER will be entirely and exclusively responsible for all legal and penal liabilities.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, disturbs and harass others, and infringes the tangible and moral rights of others or for an illicit purpose. In addition, the member cannot engage in activities (spam, virus, trojan, etc.) that prevent or make it difficult for others to use the services.
9.15. Through the website of the SELLER, links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by third parties may be provided. These links are provided for the convenience of the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information provided in the linked website.
9.16. The member who violates one or more of the articles listed in this contract will have criminal and civil liability for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Also; due to this violation, the SELLER reserves the right to request compensation due to the violation of the membership agreement in case the event is brought to the legal field.
RIGHT TO WITHDRAW
10.1. In case the distance contract relates to the sale of goods; the BUYER may use its right of withdrawal from the contract within 14 (fourteen) days from the date of delivery of the product to itself or to the person/organization at the address indicated, by rejecting the goods without giving any reason and undertaking any civil or criminal responsibility. In distance contracts related to service, this period starts from the date of signing the contract. Before the expiration of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer. The expenses arising from the use of the right of withdrawal belong to the seller. The BUYER acknowledges in advance that s/he was informed about the right of withdrawal by agreeing this agreement.
10.2. In order to exercise the right of withdrawal, the SELLER must be notified within 14 (fourteen) days by a certified mail, fax or e-mail in writing, and the product has not been used in accordance with the provisions of "Those Products For Which The Right of Withdrawal Cannot Be Used". In the event that this right is used,
a)The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product, which is intended to be returned is institutional, it needs to be sent along with the invoice that the institution prepared when returning. The order returns, invoices of which are prepared in the name of institutions, cannot be completed if the RETURN INVOICE is not billed.)
c)Products that will be returned should be delivered completely and undamage with their boxes, packages, and standardized accessories, if any.
d)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 receipt of the withdrawal notification and to return the goods within 20 days.
e)If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses at the rate of the BUYER's fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the products within the period of the right of withdrawal.
f)In case of falling below the campaign limit amount set by the SELLER as a result of exercising the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
THOSE PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Products that are prepared in accordance with the BUYER's request or personal needs and are not suitable for return, underwear bottoms, swimwear and bikini bottoms, make-up materials, disposable/perishable products or the products that may expire, products that are not suitable for return in terms of health and hygiene if their packaging is opened after delivery to the BUYER, products that are mixed with other products after delivery and cannot be separated due to their nature, periodical products such as newspapers and magazines other than those provided under the subscription agreement, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and according to the Regulation, it is not possible to return audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER. In addition, according to the Regulation, before the expiry of the right of withdrawal, it is not possible to exercise the right of withdrawal regarding the services that have been started with the approval of the consumer.
In order for cosmetics and personal care products, underwear products, swimsuits, bikinis, books, duplicable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, tape etc.), to be able to be returned, their packages are required to be unopened, and they are required to be untested, undamaged and unused.
EVENT OF DEFAULT AND ITS LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that he/she will pay interest under the credit card agreement between him and the bank and be liable to the bank if he/she defaults in the payment transactions made by credit card. In such a case, the relevant bank may take legal action; may request the costs and attorney's fees to arise from the BUYER. In any case, in the event that the BUYER lapse into default, the BUYER accepts, declares and undertakes that he/she will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
Complaints and objections in disputes arising from this contract will be made to the consumer arbitration committee or consumer court in the place where the consumer is located or where the consumer transaction is made, within the monetary limits specified in the provision below. The monetary limits are listed below.
Effective from 28/05/2014:
a) District consumer arbitration committees in disputes whose value is less than 2,000,00 (two thousand) TL in accordance with Article 68 of the Law No. 6502 on the Protection of Consumers,
b) Provincial consumer arbitration committees in disputes with a value less than 3,000,00 (three thousand) TL,
c) In provinces with metropolitan status, applications are made to the provincial consumer arbitration committees in disputes with a value between 2,000,00 (two thousand) TL and 3,000,00 (three thousand) TL.
This Agreement is made for commercial purposes.
When the BUYER makes the payment for the order he/she has placed, he/she is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.