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Distance Sales Contract
This Distance Sales Contract ("Contract") has been issued in accordance with the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts in accordance with the obligation to make a contract for sales over the internet and is as follows in articles.
DISTANCE SALES AGREEMENT
ARTICLE 1 – SUBJECT
The subject of this contract covers the rights and obligations of the parties in accordance with the provisions of the "Law on the Protection of Consumers and the Regulation on Distance Contracts" numbered 6502 regarding the sale and delivery of the product that the SELLER sells to the BUYER and whose qualifications and sales price are specified below.
The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts under this Agreement.
ARTICLE 2- PARTIES
2.1 – SELLER
Title: luccase.com (hereinafter referred to as Seller.)
E-Mail: [email protected]
2.2 – BUYER
A person who is a member of luccase.com shopping site as a customer; The address and contact information used when registering are taken as basis.
Name – Surname : %Alici_adi_soyadi%
Address : %address%
Phone : %phone%
ARTICLE 3 – PRODUCT INFORMATION AND PRICE SUBJECT TO THE CONTRACT (INCLUDING VAT)
It consists of the type, quantity, brand / model, color, number, sales price, payment method of the product, information at the time the order is terminated.
Product Code And Name: Phone Accessories
Total Amount Including VAT:
Total product price excluding shipping: %sepet_tutari%
Total Cost Including Shipping:
Payment Method and Plan:
Maturity Difference Received:
The interest rate used in the Maturity Difference account is:
Announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
Person(s) to be delivered:
ARTICLE 4 – GENERAL PROVISIONS
ARTICLE 4.1 – The BUYER declares that he has read and informed all the preliminary information about the basic characteristics, sales price and payment method of the product or products subject to the contract specified in Article 3 and the delivery and that he has given the necessary confirmation in electronic environment.
ARTICLE 4.2 – The delivery costs of the goods belong to the Buyer if there is no contrary provision. If the Seller has declared on the Website that the delivery fee will be borne by him/herself, the delivery costs shall be borne by the Seller. Delivery of goods; It is made if the Seller's stock is available and within the promised period after the payment is made. Without prejudice to the circumstances in which it is impossible to fulfill the Goods/Services subject to the order, the Seller shall deliver the Goods/Services to the BUYER or the person/organization at the address indicated by the Buyer within 30 (thirty) days from the order of the Goods/Services. This period may be extended for a maximum of 10 days provided that the BUYER is notified beforehand. If for any reason the Goods/Services fee is not paid by the Buyer or if the payment is canceled in the bank records, the Seller is deemed to be relieved from the obligation to deliver the Goods/Services.
The Buyer is responsible for the shipping price for the order cancellations made by the Buyer after the goods are delivered by the Seller and before the delivery by the Buyer.
ARTICLE 4.3 – The Seller is responsible for the delivery of the Goods/Services subject to the Contract to the Buyer in accordance with the Consumer Legislation, soundly, completely, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
If the seller cannot deliver the product subject to the contract within the period of time due to force majeure or extraordinary circumstances such as weather opposition preventing transportation, interruption of transportation, he is obliged to notify the BUYER of the situation . In this case, the BUYER may exercise one of the rights to cancel the order, to replace the product subject to the contract with its counterpart, if any, and/or to postpone the delivery period until the disabling situation is eliminated. If the BUYER cancels the order, the amount paid to him shall be paid in cash and in advance within 10 days.
If the Goods/Services subject to the contract are 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 be delivered to accept the delivery.
ARTICLE 4.4 – For the delivery of the product subject to the contract, this contract must be approved electronically by the Buyer and the price must be paid by the payment method preferred by the BUYER. If for any reason the product price is not paid or canceled in the bank records, the Seller is deemed to be relieved of the obligation to deliver the product.
ARTICLE 4.5- The Buyer declares that he has read and informed the preliminary information uploaded by the Seller regarding the basic characteristics of the Goods / Services subject to the Contract, the sales price and payment method, the delivery and cargo price on the Website and that he has given the necessary confirmation in electronic environment. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that he has obtained the address to be given to the Buyer by the Seller before the conclusion of the distance contracts, the basic characteristics of the Goods/Services ordered, the price of the Goods/Services including taxes, payment and delivery and delivery price information correctly and completely. Without inspecting the Buyer before receiving the Goods/Services subject to the Contract; destroyed, broken, packaged etc. damaged and defective Goods / Services from the cargo company in the event that the responsibility belongs entirely to him. The Goods/Services received by the Buyer from the cargo company officer shall be deemed to be undamaged and intact. After delivery, the responsibility of the Goods/Services and the damages belong to the Buyer.
In the event that the relevant bank or financial institution does not pay the Goods/Services fee to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons in a way that is not caused by the Buyer's fault after the delivery of the Goods / Services, the Buyer is obliged to return the Goods / Services to the Seller within 3 (three) days , provided that it has been delivered to him. In this case, the delivery costs shall belong to the Buyer.
ARTICLE 4.6- In case of conclusion of the order, the BUYER shall be deemed to have accepted all the conditions of this contract.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The buyer may return the purchased product to himself or to the person / organization at the address indicated by using the right of withdrawal within 14 (fourteen) days from the date of delivery without assuming any legal and criminal responsibility and without any justification.
The notice of the right of withdrawal and other notices related to the Contract shall be sent by the Seller and/or the communication channels specified on the Website (notification by fax, email or telephone). In order to exercise the right of withdrawal, the Seller must be notified within the period in accordance with the provisions of the legislation and the option of exercising the right of withdrawal on the Website.
In case of exercise of the right of withdrawal: a) The Buyer shall send back the Goods and the original invoice to the Seller within 7 (seven) days following the exercise of the right of withdrawal. b) The goods to be returned within the scope of the right of withdrawal must be returned to the BUYER in full and undamaged if there is a box of goods, packaging, standard accessories, if any. c) The other products gifted with the Goods must be returned completely and undamaged. A copy of the cargo delivery report for the delivery of the delivered product to the Seller's contact addresses will be sent through the communication channels belonging to the Seller and/or specified on the Website.
Within 14 (fourteen) days following the exercise of the right of withdrawal, the cost of the goods shall be returned to the Buyer as paid. When returning the Goods to the Seller, the original invoice presented to the Buyer during the delivery of the Goods must also be returned by the Buyer. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded.
As long as the Buyer sends the Goods to be returned to the Seller with the contracted cargo company of the Seller specified in the preliminary information form , the return cargo price belongs to the Seller. The Seller is not responsible for the return cargo price and the damage that the Goods will suffer during the shipping process if the Seller sent the Goods to be returned by the Buyer with a cargo company other than the contracted cargo company specified in the preliminary information form.
ARTICLE 6 – SITUATIONS IN WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Consumer/Buyer; a) In the products/goods that are prepared/produced in line with the special requests, demands or explicit personal needs of the consumer or made personal by making changes or additions on them, b) In the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery, c) In the goods that are mixed with other products after delivery and which cannot be separated due to their nature, d) The provisions of the Regulation on Distant Contracts to the legal relationship between the Buyer and the Seller cannot exercise the right of withdrawal in cases where it cannot be applied.
ARTICLE 7 – RESOLUTION OF DISPUTES
In disputes that may arise from this contract, the Consumer Arbitration Committees and the Consumer Courts in the Buyer's and Seller's Settlements are authorized up to the value announced by the Ministry of Industry and Trade.
ARTICLE 8 – DEFAULT AND LEGAL CONSEQUENCES
In the event that the Buyer defaults in the transactions made with the credit card, the card holder will pay interest within the framework of the credit card agreement made by the bank with him and will be responsible to the bank. In this case, the relevant bank may apply for legal remedies; may demand from the Buyer the costs and attorney's fee to be incurred, and in any case, if the Buyer defaults due to the debt, the Buyer will be responsible for the loss and damage suffered by the Seller due to the delayed performance of the debt.
ARTICLE 9 – NOTICES AND EVIDENCE AGREEMENT
Any correspondence between the Parties under this Agreement shall be made by e-mail, except for the mandatory cases enumerated in the legislation. The Buyer accepts, declares and undertakes that the official books and commercial records of the Seller and the electronic information and computer records kept in its own database and servers shall constitute binding, conclusive and exclusive evidence in disputes that may arise from this Agreement and that this article is in the nature of an evidentiary agreement within the meaning of Article 193 of the Code of Civil Procedure.
ARTICLE 10 – ENFORCEMENT
This Agreement has been entered into force and entered into force by reading by the Parties, approved electronically by the Buyer.