Distance Sales Agreement
ARTICLE 1 - PARTIES TO THE AGREEMENT
SELLER
TITLE: LİNOYA ARTISAN – EBRU DAĞLI
ADDRESS: 19 MAYIS MAHAHLLESİ SÜMER SOKAK ZİTAŞ İŞ MERKEZİ D2 BLOK DAİRE 2 KOZYATAĞI 34742 / KADIKÖY / İSTANBUL / TURKEY
PHONE: 0 216 232 23 79
WEB: www.linoyaartisan.com
EMAIL: info@linoyaartisan.com
Hereinafter referred to as the SELLER.
BUYER
NAME SURNAME / TITLE: ......
ADDRESS: ......
PHONE: ......
EMAIL: ......
Hereinafter referred to as the BUYER.
ARTICLE 2 - SUBJECT OF THE AGREEMENT
The subject of this agreement is to determine the rights and obligations of the parties in accordance with the Law on Protection of Consumers No. 4077 and the Regulation on Principles and Procedures for the Application of Distance Contracts regarding the sale and delivery of the goods/services ordered by the BUYER electronically through the SELLER's website www.linoyaartisan.com, which have the qualities mentioned in the agreement and whose sales price is specified in the agreement. The BUYER accepts and declares by the provisions of this agreement that they have been informed about the basic characteristics of the goods/services subject to sale, the sales price, payment method, delivery conditions, etc., all preliminary information about the goods/services subject to sale, and the right of "withdrawal," that they have confirmed this preliminary information electronically, and that they then ordered the goods/services. The preliminary information and invoice on the payment page of www.linoyaartisan.com are an integral part of this agreement.
ARTICLE 3 - DATE OF AGREEMENT
This two-copy agreement, previously signed by the SELLER, has been signed and accepted by the BUYER on ...... A copy of the agreement will be sent to the BUYER's email address.
ARTICLE 4 - DELIVERY OF GOODS/SERVICES, PLACE OF PERFORMANCE OF THE AGREEMENT AND DELIVERY METHOD
The goods/services will be delivered to the person/organization named ...... at the address ...... requested by the BUYER.
ARTICLE 5 - DELIVERY COSTS AND PERFORMANCE
Delivery costs belong to the BUYER. If the SELLER has declared on the website that the delivery fee for purchases above a certain amount will be covered by them, the delivery cost belongs to the SELLER. Delivery is made as soon as possible after stock availability and the transfer of the goods' price to the SELLER's account. The SELLER delivers the goods/services within 30 (thirty) days from the order and reserves the right to extend this period by an additional 10 (ten) days with written notification. If for any reason the price of the goods/services is not paid or is canceled in the bank records, the SELLER is deemed to be relieved of the obligation to deliver the goods/services.
ARTICLE 6 - DECLARATIONS AND COMMITMENTS OF THE BUYER
The BUYER will inspect the goods/services subject to the agreement before receiving them and will not accept damaged or defective goods/services such as crushed, broken, or torn packaging from the cargo company. The received goods/services will be deemed undamaged and sound. The obligation to protect the goods/services carefully after delivery belongs to the BUYER. The invoice must be returned. If, after the delivery of the goods/services, the credit card belonging to the BUYER is used unfairly or unlawfully by unauthorized persons in a manner not caused by the BUYER's fault, and the relevant bank or financial institution does not pay the price of the goods/services to the SELLER, the BUYER is obliged to send the goods/services back to the SELLER within 3 (three) days, provided that they have been delivered to them. In this case, the delivery expenses belong to the BUYER.
ARTICLE 7 - DECLARATIONS AND COMMITMENTS OF THE SELLER
The SELLER is responsible for delivering the goods/services subject to the agreement in a sound, complete manner, in accordance with the characteristics specified in the order, and with any warranty documents and user manuals. If the goods/services subject to the agreement are to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the delivery is to be made does not accept the delivery. The SELLER returns the price of the goods/services, and if any, valuable documents, within 7 (seven) days after receiving the declaration of withdrawal. The goods/services are returned within 20 (twenty) days. For justified reasons, the SELLER may supply the BUYER with goods/services of equal quality and price before the performance period of the agreement expires. If the SELLER believes that the performance of the goods/services has become impossible, they will notify the BUYER before the performance period of the agreement expires. The paid amount and any documents will be returned within 10 (ten) days. Defective or faulty goods/services, whether or not they are sold with a warranty certificate, can be sent to the SELLER for necessary repairs under warranty conditions, in which case the delivery expenses will be covered by the SELLER.
ARTICLE 8 - CHARACTERISTICS OF THE GOODS/SERVICES SUBJECT TO THE AGREEMENT
The type and kind, quantity, brand/model, color of the goods/services and the sales price including all taxes are as stated in the information on the goods/services promotion page on the website www.linoyaartisan.com and in the invoice, which is an integral part of this agreement.
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ARTICLE 9 - CASH PRICE OF THE GOODS/SERVICES
The cash price of the goods/services is available in the sample invoice emailed after the order and in the invoice sent to the customer with the product.
ARTICLE 10 - INSTALLMENT PRICE
The price of the goods/services according to the installment plan is available in the sample invoice emailed after the order and in the invoice sent to the customer with the product.
ARTICLE 11 - DOWN PAYMENT AMOUNT
The down payment amount for the goods/services is available in the sample invoice emailed after the order and in the invoice sent to the customer with the product.
ARTICLE 12 - PAYMENT PLAN
If the BUYER makes purchases with a credit card and in installments, the installment method chosen on the site is valid. In installment transactions, the relevant provisions of the agreement signed between the BUYER and the card-issuing bank are valid. The credit card payment date is determined by the provisions of the agreement between the bank and the BUYER. The BUYER can also track the number of installments and their payments from the account statement sent by the bank.
ARTICLE 13 - RIGHT OF WITHDRAWAL
The BUYER may exercise their right of withdrawal within 7 (seven) days from the delivery of the goods/services to them or to the person/organization at the address they indicated. To exercise the right of withdrawal, the SELLER must be notified by fax, e-mail (info@linoyaartisan.com) or phone at 0 216 232 23 79 within the same period, and the packaging and contents of the goods/services must not have been damaged during trial, in accordance with the provisions of Article 14 and the preliminary information published on www.linoyaartisan.com, which is an integral part of this agreement. In the event that this right is exercised, the original invoice for the goods/services delivered to the third party or the BUYER must be returned. Within 10 (ten) days following the receipt of the notice of withdrawal, the price of the goods/services will be refunded to the BUYER, and the goods/services will be taken back within 20 (twenty) days. If the original invoice is not sent, VAT and any other legal obligations cannot be refunded to the BUYER. The delivery cost of the goods/services returned due to the right of withdrawal will be covered by the SELLER.
ARTICLE 14 - GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Goods/services that are not suitable for return due to their nature, goods/services that deteriorate rapidly and have an expired shelf life, single-use goods/services, and all kinds of reproducible software and programs. Additionally, for all kinds of software and programs on DVDs, DIVX, VCDs, CDs, MDs, videocassettes, computer and stationery consumables (toner, cartridge, ribbon, etc.), and cosmetic products, it is a condition for exercising the right of withdrawal that the packaging and contents of the goods/services must not have been opened, damaged, or used.
ARTICLE 15 - DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on transactions made with a credit card, they will pay interest and be liable to the card-issuing bank within the framework of the credit card agreement made with them. In this case, the relevant bank may resort to legal remedies; it may demand the arising expenses and attorney's fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER agrees to pay the SELLER's loss and damage incurred due to the delayed performance of the debt.
ARTICLE 16 - AUTHORIZED COURT
In disputes arising from this agreement, Consumer Arbitration Committees are authorized up to the value declared by the Ministry of Industry and Trade, and Consumer Courts are authorized for disputes above this value. In places where there is no Consumer Court, Civil Courts of First Instance are authorized.
SELLER: LİNOYA ARTISAN – EBRU DAĞLI
BUYER: ......
DATE: ......