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Distance Sales Contract
Sales Contract
ARTICLE 1. PARTIES
1.1 SELLER
Trade Title:
Licia Pazarlama ve Dış Ticaret Ltd. Şti.
Ataturk Mah. Güner Sok. Metropark Sitesi T7 Blok
D:82 Küçükçekmece , Istanbul
Telephone: 0212 4030254
E-Mail Address:
info@liciaistanbul.com
1.2 RECIPIENT
Name Surname
Address:
Telephone:
E-Mail address:
Hereinafter referred to as "BUYER".
ARTICLE 2. SUBJECT
The subject of this contract is the
determination of the rights and obligations of the parties in accordance with
the provisions of the Law No. 6502 on the Protection of Consumers and the
Regulation on Distance Contracts in relation to the sale and delivery of the
product whose qualifications and sales price are specified below, which the
BUYER ordered electronically from the SELLER's www.liciaistanbul.com
("Website") Website.
ARTICLE 3 - INFORMATION ON THE BASIC FEATURES,
SALES PRICE AND DELIVERY OF THE PRODUCT SUBJECT TO THE CONTRACT
Name, Quantity, Sales Price Including VAT and
Delivery Information of the Products are as stated below.
ARTICLE 4 - GENERAL
PROVISIONS
4.1 The BUYER declares that he / she has read
and informed the preliminary information regarding the basic qualities of the
product subject to the contract on the Website, the sales price including all
taxes and the method of payment, the delivery and its costs will be borne by
the BUYER unless otherwise stated, the period of delivery and the full trade
name, open address and contact information of the SELLER, that he / she has
obtained accurate and complete information about the conditions for exercising
the right of withdrawal and has given the necessary confirmation
electronically.
The BUYER may communicate his/her requests and
complaints using the above-mentioned communication channels. Complaints and
requests will be responded as soon as possible by the SELLER customer service.
BUYER; By confirming this contract
electronically, before the conclusion of distance contracts, the title,
address, contact information, MERSIS number that must be given to the BUYER by
the SELLER, the basic features of the products ordered, the sales price of the
products including all taxes, payment and delivery information, the right of
withdrawal and the procedure and conditions for the use of the right of
withdrawal. confirms that it has obtained accurate and complete information
about.
4.2 The product subject to the contract is
delivered to the BUYER or the person / organization at the address indicated by
the BUYER within the period described in the preliminary information on the Website,
depending on the distance of the BUYER's settlement for each product, provided
that it does not exceed 30 (Thirty) days from the date of order.
4.3 If the product subject to the contract will
be delivered to a person / organization other than the BUYER, the SELLER cannot
be held responsible for the person / organization to be delivered not accepting
the delivery.
4.4 The SELLER cannot be held responsible for
the failure of the ordered product to be delivered to the BUYER due to any
problems that the cargo company may encounter during the delivery of the
product to the BUYER.
4.5 The SELLER is responsible for delivering the
product subject to the contract intact, complete, in accordance with the
qualifications specified in the order.
4.6 During the sales of the product on the Website, due to technical errors or
material errors, product price, product description, product quality, etc. In
case of errors in the features, the SELLER has the right to cancel the order
and return the collected amounts to the BUYER in accordance with the provisions
of the relevant legislation.
4.7
4.7 If the SELLER cannot fulfill its contractual
obligations in the event that it is impossible to fulfill the product or
service subject to the order, it notifies the BUYER in writing or by permanent
data storage within three days from the date it learns of this situation and
returns all payments collected, including delivery costs, if any, within
fourteen days at the latest from the date of notification.
4.8 The SELLER reserves the right to supply
different products of equal quality and price with the approval of the BUYER in
order to fulfill the performance obligation arising from the contract if it
becomes impossible to fulfill the order and / or service at the end of the campaign
period,
4.9 After the delivery of the product, if the
bank or financial institution does not pay the product price to the SELLER due
to the unfair or unlawful use of the credit card, debit card and / or other
payment systems offered on the Website by unauthorized persons in a way that is
not caused by the BUYER's fault, the BUYER is obliged to send the relevant
product back to the SELLER within 3 (Three) days, provided that it has been
delivered to the BUYER. In this case, transportation expenses belong to the
BUYER.
4.10 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 has the right to cancel the order and terminate the contract.
In case of termination of the Contract, the SELLER is obliged to return all
payments collected, including delivery costs, if any, to the BUYER in cash and
in cash within 14 (Fourteen) days following the receipt of the termination
notice.
4.11 Pursuant to paragraph 4 of Article 16 of
the Regulation on Distance Contracts No. 29188, which entered into force on
27.02.2015, in cases where it becomes impossible to fulfill the performance of
the goods or services subject to the order, the seller or provider is obliged
to notify the consumer in writing or by permanent data storage within three
days from the date of learning of this situation and to return all payments
collected, including delivery costs, if any, within fourteen days at the latest
from the date of notification.
4.12 In cases where the BUYER uses the right of
withdrawal or in cases where the product subject to the order cannot be
supplied for various reasons or in cases where it is decided to refund the
BUYER with the decisions of the arbitration committee, if the shopping is made
by credit card and in installments, the SELLER pays the price of the product to
the Bank at one time. No matter how many installments the BUYER has purchased
the product, the Bank makes the refund to the BUYER in the same number of
installments. In money order / EFT or payment at the door options, the refund
will be made in the form of money order and EFT to the account specified by the
Consumer (the account must be in the name of the person at the billing address
or in the name of the user member) by requesting bank account information from
the Consumer.
ARTICLE 5 - RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the
contract within 14 (Fourteen) days without any justification.
Exceptions to the right of withdrawal Article 15
of the Distance Contracts Regulation, as per subparagraph a-paragraph, there is
no right of withdrawal (right of cancellation and return) depending on the
legal conditions in contracts for goods or services whose price changes
depending on fluctuations in financial markets and which are not under the
control of the seller or provider.
Exceptions to the right of withdrawal of the
Distance Contracts Regulation Pursuant to Article 15, subparagraph ç-paragraph,
there is no right of withdrawal (right to cancel and return) depending on the
legal conditions in contracts for the delivery of goods whose protective
elements such as packaging, tape, seal, package have been opened after
delivery; contracts for the delivery of those whose return is not suitable in
terms of health and hygiene.
Pursuant to Article 15 of the Distance Contracts
Regulation on the exceptions to the right of withdrawal, there is no right of
withdrawal (right to cancel and return) in ring orders, depending on the legal
conditions, since the ring size is prepared individually. There is no right of
withdrawal for wedding rings and other products with inscriptions.
The right of withdrawal period starts on the day
of the conclusion of the contract in contracts for the performance of services;
in contracts for the delivery of goods, on the day the consumer or the third
party designated by the consumer receives the goods. However, the consumer may
also exercise the right of withdrawal within the period from the conclusion of
the contract until the delivery of the goods.
In determining the right of withdrawal period;
Delivery of the goods by the seller to the
carrier is not accepted as delivery to the consumer.
In contracts where the delivery of goods and
service performance are made together, the right of withdrawal provisions
regarding the delivery of goods shall apply.
In order to exercise the right of withdrawal,
the SELLER must be notified by phone or e-mail within 14 (fourteen) days and
the product must not be covered by the provisions of Article 15 titled
"Exceptions to the Right of Withdrawal" of the Distance Contracts
Regulation published in the Official Gazette on 27.11.2014 and must be
available for resale by the SELLER. In case this right is exercised;
a) The invoice of the product delivered to the
3rd person or the BUYER, (If the invoice of the product to be returned is
corporate, it must be sent to the SELLER within 10 (Ten) days together with the
return invoice issued by the institution when returning. Order returns whose
invoice is issued on behalf of institutions will not be completed if the RETURN
INVOICE is not issued)
b) The products to be returned within a period
of 10 (ten) days from the submission of the right of withdrawal request must be
returned to the SELLER complete and undamaged together with the box, packaging,
certificates, gift products and accessories, gift certificates, if any. In the
event that any of these materials are not sent or are damaged, even if caused
by the transportation company, the return process is completed by deducting the
cost of the material from the return amount. The BUYER should learn which way
to follow for these transactions by contacting the SELLER from the contact
information specified.
The prescribed carrier within the scope of the
right of withdrawal is Yurtiçi Kargo.
The product price is returned to the BUYER within
14 (fourteen) days following the receipt of the right of withdrawal request to
the SELLER.
ARTICLE 6 - PRODUCTS THAT CANNOT USE THE RIGHT
OF WITHDRAWAL
a) Contracts for goods prepared in line with the
wishes or personal needs of the consumer. For this reason, at the request of
the BUYER, when personalized production is made in a color different from the
mineral color offered on the website, or in special orders other than the ring
size range, necklace and bracelet size offered on the website, in marriage
wedding rings with inscriptions, or after the delivery of the ordered product
to the BUYER, When transactions such as changes in ring size, necklace,
bracelet size and model are made in line with the BUYER's request, these goods
and gelatinized perfumes, which are specially produced in line with the special
requests of the customer, fall within the scope of products that cannot be used
by the right of withdrawal. Pursuant to Article 15 of the Regulation on
Distance Contracts, in ring orders, there is no right of withdrawal (right to
cancel and return) depending on the legal conditions, since the ring size is
prepared individually.
b) Contracts for goods or services whose price
changes depending on fluctuations in financial markets and which are not under
the control of the SELLER or the provider.
c) Contracts for the delivery of perishable
goods or goods that may expire.
d) Contracts for the delivery of goods whose
protective elements such as packaging, tape, seal, package have been opened
after delivery; contracts for the delivery of those whose return is not
suitable in terms of health and hygiene.
e) Contracts for goods that are mixed with other
products after delivery and cannot be separated due to their nature.
f) Contracts for books, digital content and
computer consumables provided in material media if the protective elements such
as packaging, tape, seal, package are opened after the delivery of the goods.
g) Contracts for the delivery of periodicals
such as newspapers and magazines, other than those provided under a
subscription agreement.
h) Contracts for accommodation, transportation
of goods, car rental, supply of food and beverages and leisure time for
entertainment or recreation, which must be made on a specific date or period.
i) Contracts for services performed instantly in
electronic environment or contracts for intangible goods delivered instantly to
the consumer.
j) Contracts for services that are started to be
performed with the approval of the consumer before the expiration of the right
of withdrawal period.
k) Products delivered to an address outside the
Customs Territory of Turkey as a result of the buyer's declaration of an
overseas delivery address are excluded from the scope of return.
ARTICLE 7 - FILING OF APPLICATIONS ON THE
SUBJECT MATTER OF THE DISPUTE
If the BUYER has a complaint about any issue
related to the order and / or the product subject to the order and / or the
order, he / she may send his / her complaints to the SELLER through the contact
information specified above. The complaint applications submitted will be
recorded, evaluated by the authorized units and will be tried to be resolved and
will be returned as soon as possible. In addition, the BUYER may apply for
complaints and objections to the consumer problems arbitration committee or
consumer court in the place where the goods or services are purchased or where
the residence is located within the monetary limits determined by the Ministry
of Customs and Trade in December each year.
SELLER:
Trade Name:
Licia Pazarlama ve Dış Ticaret Ltd. Şti.
Address:
Ataturk Mah. Güner Sok. Metropark Sitesi T7 Blok
D:82 Küçükçekmece , Istanbul