DISTANCE SALES AGREEMENT
DISTANCE SALES AGREEMENT
1. PARTIES:
This Agreement has been established electronically between the following parties within the framework of the terms and conditions stated below.
A. 'BUYER'; (hereinafter referred to as "BUYER" in the contract)
B. 'SELLER'; (hereinafter referred to as "SELLER" in the contract)
SELLER :
Title:
Leoya Tekstil Foreign Trade Limited Company
(Mersis No: 0608 1317 7260 0001)
Address:
Kınıklı Mah. 6097 Sk. Orkent Sitesi No: 1I Pamukkale / DENİZLİ
Telephone :
+905322894592
Fax:
Email :
BUYER (CONSUMER):
Name, Surname / Title:
Address:
Telephone :
Email :
By accepting this contract, the BUYER accepts in advance that if the contract subject confirms the order, it will be under the obligation to pay the price subject to the order and, if any, additional fees such as shipping fee, tax, and that it has been informed about it.
2. DEFINITIONS:
In the implementation and interpretation of this contract, the terms written below will refer to the written explanations.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014 / 29188)
SERVICE: The subject of all kinds of consumer transactions other than providing goods that are made or committed to be made in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or account of the goods,
BUYER: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER is www.leoya.co,
ORDERING PARTY: Real or legal person requesting a good or service through the website of the SELLER named www.leoya.co,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods subject to shopping and software, sound, image and similar intangible goods prepared for use in the electronic environment.
3. SUBJECT:
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER has ordered electronically through the website of the SELLER. The prices listed and announced on the site are the sales price. The 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.
4. SELLER INFORMATION:
Title: Leoya Tekstil Dış Ticaret Limited Şirketi
Address: Kınıklı Mah. 6097 Sk. Orkent Sitesi No: 1 I Pamukkale / DENİZLİ
Mersis No:: 0608 1317 7260 0001
Phone: 05322894592
Fax: -
Email: leoyaofficial@gmail.com
5. BUYER INFORMATION:
Person to be delivered:
Delivery address :
Telephone :
Fax:
Email / username:
6. ORDERING PERSON INFORMATION:
Name / Surname / Title:
Address:
Telephone :
Fax:
Email / username:
7. INVOICE INFORMATION:
Name / Surname / Title:
Address:
Telephone :
Fax:
Email / username:
Invoice Delivery: The invoice will be delivered to the delivery address together with the order during order delivery. 8. CONTRACT SUBJECT PRODUCT / PRODUCTS INFORMATION:
8.1 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 campaign has been organized by the seller, you can examine the basic features of the relevant product during the campaign. It is valid until the campaign date. 8.2. The prices listed and announced on the site are the sales price. The 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. 8.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below. Product Description: Subtotal
(VAT included)
Shipping Amount:
Total:
Payment Method and Plan:
Delivery address:
Person to be delivered:
Billing address:
Order date:
Delivery date:
Delivery method:
8.4. The shipping fee, which is the shipping cost of the product, will be paid by the BUYER.
9. GENERAL PROVISIONS:
9.1. The BUYER accepts, declares and undertakes that he / she has read the preliminary information about the basic characteristics, sales price and payment method and delivery of the product subject to the contract on the website of the SELLER and gives the necessary confirmation in electronic environment. BUYER's; Confirming the Preliminary Information electronically, before the establishment of the distance sales contract, the address to be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, and the payment and delivery information are accepted, declared and committed. .
9.2. Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER or BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER shall deliver the product subject to the contract in full, in accordance with the qualifications specified in the order and with the information and documents required by the work, if any, the warranty documents, user manuals, and to perform the work in accordance with the principles of integrity and honesty in accordance with the requirements of the legal legislation without any defects. to protect and increase the service quality, to show the necessary attention and care during the performance of the work, to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining its explicit approval 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 it 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 agrees, declares and undertakes that it will confirm this Contract electronically for the delivery of the contractual product, and if the contractual product price is not paid for any reason and / or canceled in the bank records, the SELLER's obligation to deliver the contractual product will end.
9.7. BUYER, after the delivery of the product subject to the contract to the person and / or organization at the address indicated by the BUYER or 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 unauthorized use of the BUYER's credit card, the BUYER It accepts, declares and undertakes that it will return it to the SELLER within 3 days, shipping costs to be borne by the SELLER.
9.8. The SELLER accepts, declares and undertakes that it will notify the BUYER if it cannot deliver the product subject to the contract within due time due to force majeure situations such as the occurrence of situations that are not foreseen, preventing and / or delaying the fulfillment of the debts of the parties. The BUYER also has the right to demand from the SELLER to cancel the order, to replace the product subject to the contract with a precedent, and / or to postpone the delivery period until the obstacle is eliminated. In the event that the order is canceled by the BUYER, the amount of the product is paid to the BUYER in cash and in lump sum within 14 days. In the payments made by the BUYER by credit card, the amount of the product is returned to the relevant bank within 14 days after the order is canceled by the BUYER. BUYER, the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER account by the bank may take 2 to 3 weeks, since the reflection of this amount to the BUYER's accounts after the return to the bank is entirely related to the bank transaction process, the BUYER shall inform the SELLER for possible delays. It accepts, declares and undertakes that it cannot be held responsible.
9.9. SELLER'S address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by him / her by letter, e-mail, SMS, phone call and other means of communication, marketing, notification and has the right to reach the BUYER for other purposes. 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 contractual goods / service before receiving it; crushed, broken, torn packaging, etc. will not receive the damaged and defective goods / services from the courier company. The delivered goods / services will be deemed to be undamaged and intact. Careful protection of 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 credit card holder used during the order is not the same person, or if a security deficit is detected in the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order. or request from the BUYER to submit a letter from the cardholder's bank stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information / documents subject to the request, and if the aforementioned 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 by the SELLER while signing up to the website of the SELLER is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the falsehood of this information, immediately, in cash and at once upon the first notification of the SELLER. 9.13. The BUYER agrees and undertakes to comply with the provisions of the legal legislation and not to violate them while using the website of the SELLER. Otherwise, all legal and penal obligations that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER cannot use the SELLER's website in a way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, infringing on the material and moral rights of others. In addition, members cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. On the website of the SELLER, links may be given to other websites and / or other content that are not under the control of the SELLER and / or owned and / or operated by other third parties. These links are provided for ease of orientation to the BUYER and do not support any website or the person operating the site and do not constitute any guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; In the event that the event is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
10. SPECIAL CONDITIONS:
10.1. The BUYER will be able to shop for more than one product in a single basket on the Website. More than one invoice may be issued by the SELLER for each of the different products in the same basket. In order to avoid any doubt, it should be stated that the SELLER can deliver the products purchased differently by the BUYER at different times, provided that they remain within the legal period in the legislation.
10.2. At the SELLER's sole discretion, the SELLER may offer various campaigns to be determined by the SELLER at various times on the Website (in cases where shopping from one and / or more than one boutique at the same time to be determined by the SELLER, discounts of the type determined by the SELLER to the BUYERS. campaigns in which it is reflected). In so far, the BUYER has the right to return the products purchased for any reason, the right of withdrawal, etc. If the conditions of the campaign arranged by the SELLER cannot be met for any reason, the discount amount / benefit used within the scope of the campaign will be canceled and will be deducted from the refund payment to be made to the BUYER.
10.3. If the BUYER is able to benefit from more than one campaign in the same invoice, the campaigns will not be combined and the BUYER will only be able to benefit from one campaign. The BUYER accepts, declares and undertakes that he will not claim any rights in such a case.
10.4. The SELLER reserves the right to stop, update and change the campaign terms at any time the campaigns announced on the Website. The BUYER is required to examine the terms of the campaign before each shopping it will make on the Website.
10.5. By organizing campaigns, your bank can apply more installments than the number of installments you choose, and services such as installment postponement can be offered. Such campaigns are at the initiative of your bank and if the SELLER is within the knowledge of the campaigns, information about the campaigns is provided on our pages. The order total will be divided by the number of installments starting from the date of your credit card statement and your bank will reflect on your credit card summary. The bank may not distribute the installment amounts evenly over the months, taking into account the fraction differences. The creation of your detailed payment plan is at the discretion of your bank.
11. RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGE AND INTELLECTUAL RIGHTS:
11.1. Name, surname, e-mail address, TR ID number, demographic data, financial data etc. belonging to the BUYER that can be defined as personal data within the scope of the Personal Data Protection Law No.6698. informations; * To receive orders, to provide products and services, to improve products and services, to solve systemic problems, to perform payment transactions, to use in marketing activities about orders, products and services - in case of prior approval-, to update the information of the BUYER and to manage and maintain memberships. In order to fulfill the distance sales contract and other contracts established between the BUYER and the SELLER and to ensure that the technical, logistics and other similar functions of the third parties are performed on behalf of the SELLER, the SELLER, the SELLER affiliates and third parties and / or organizations can be recorded for an indefinite period of time, written / magnetic It can be stored, used, updated, shared, transferred and processed in other forms in archives.
11.2. SMS / text message by Leoya Tekstil Dış Ticaret Limited Şirketi for credit card and membership information, transactions and applications for the purpose of promotion, advertisement, communication, promotion, sales and marketing of all kinds of products and services in accordance with the current legislation, Commercial electronic communications can be made with instant notification, automatic call, computer, telephone, e-mail / mail, fax, other electronic communication means, the BUYER has accepted the sending of commercial electronic messages.
11.3. The necessary precautions for the security of the information and transactions entered by the BUYER on the Website are taken within the scope of the current technical possibilities according to the nature of the information and transaction in the system infrastructure of the Seller. However, since the information in question is entered from the devices belonging to the BUYER, it is the responsibility of the BUYER to take necessary measures, including those related to viruses and similar harmful applications, in order to be protected by the BUYER and not to be accessed by unrelated persons.
11.4. The BUYER may reach the SELLER through the specified communication channels and request the cessation of data use-processing and / or communications at any time. According to the BUYER's explicit notification on this matter, personal data transactions and / or communications to its party are suspended within the legal maximum period; In addition, if he / she wishes, his / her information other than legally required and / or possible will be deleted from the data recording system or made anonymous in an anonymous way. If the BUYER wishes, the transactions related to the processing of personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the emergence of a result against him by automatic systems, the data is against the law. You can always apply to the SELLER and get information on issues such as compensation in case of damage due to processing. The applications in question will be examined and the BUYER will be returned to the BUYER within the legal period within the periods stipulated in the legislation.
11.5. Regarding all kinds of information and content of the Website and their arrangement, revision and partial / complete use; Except for those belonging to other third parties according to the SELLER's agreement; All intellectual and industrial rights and property rights belong to Leoya Tekstil Dış Ticaret Limited Şirketi.
11.6. The privacy and security policies and terms of use apply to other sites that can be accessed through the website, and the SELLER is not responsible for any disputes and negative consequences that may arise.
12. RIGHT TO WITHDRAWAL:
12.1. RECEIVER; In the event that the distance contract is related to the sale of goods, it may use the right to withdraw from the contract by refusing the goods without any legal and criminal liability and without any justification, provided that the product is delivered to itself or to the person / organization at the address indicated, within 14 (fourteen) days from the date of delivery, provided that the SELLER is notified. In distance contracts for service provision, this period starts from the date the contract is signed. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts whose service is started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that he has been informed about the right of withdrawal by accepting this contract.
12.2. In order to use the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not be used in accordance with the provisions of "Products for which the Right of Withdrawal cannot be exercised" set forth in this contract. If this right is exercised,
a) The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning. The order returns whose invoices are issued on behalf of the institutions will not be completed unless the RETURN INVOICE is issued.) b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt within 10 days from the receipt of the withdrawal notice to the BUYER and to return the goods within 20 days.
e) If there is a decrease in the value of the good or the return becomes impossible due to a reason caused by the BUYER's fault, the BUYER is obliged to compensate the damages of the SELLER at the rate of his fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the product or the product within the right of withdrawal.
f) If the campaign limit amount set by the SELLER is reduced due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
13. PRODUCTS THAT CANNOT BE USED OF WITHDRAWAL RIGHT:
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 the distance sales contract approved electronically between the parties must not be used in accordance with the provisions of Article 6 and be resold by the seller. The BUYER will not be able to use its right of withdrawal in the following cases:
a) Contracts for goods or services whose prices vary depending on the fluctuations in the financial markets and are not under the control of the seller (products in the jewelry, gold and silver categories). b) In goods prepared in line with the wishes or personal needs of the consumer.
c) For perishable or expired goods.
d) Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; in the delivery of those whose return is not suitable in terms of health and hygiene.
e) Books, audio or video recordings, software programs and computer consumables (all kinds of software and programs, DVD, VCD, CD and cassettes, computers and in contracts regarding stationery consumables (toner, cartridge, tape, etc.), telephone top-up orders).
f) In the book, digital content and computer consumables provided in the material environment if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
g) In periodicals such as newspapers and magazines, except those provided under the subscription agreement. h) In the evaluation of the leisure time that should be done on a specific date or period for the purposes of accommodation, moving furniture, car rental, food and beverage supply and entertainment or recreation. i) In services performed instantly in electronic environment or products delivered immediately to the consumer. j) Before the expiry of the right of withdrawal, the services started with the approval of the consumer. 14. DEFAULT AND LEGAL RESULTS:
The PURCHASER agrees, declares and undertakes that if he defaults in the case of payment by credit card, the cardholder will pay interest within the framework of the credit card agreement with the bank and be liable to the bank. In this case, the relevant bank may apply for legal remedies; The BUYER accepts, declares and undertakes that in case the BUYER goes into default due to the debt, the BUYER will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
15 NOTIFICATIONS AND EVIDENCE AGREEMENT:
In accordance with this Agreement, any correspondence between the Parties will be made via e-mail, except for the obligatory cases listed in the legislation. The Buyer declares that in the disputes that may arise from this Agreement, the official books and commercial records of the Seller and Leoya Tekstil Dış Ticaret Limited Şirketi, the electronic information and computer records kept in its database and servers shall constitute binding, final and exclusive evidence, and this article shall constitute binding, final and exclusive evidence, and this article shall constitute binding, final and exclusive evidence. It accepts, declares and undertakes that it is in the nature of an evidence agreement.
16. AUTHORIZED COURT:
The SELLER records (including magnetic media records such as computer-sound recordings) constitute definitive evidence in the resolution of any dispute that may arise from this Agreement and / or its implementation. The parties have accepted that the Consumer Courts of the BUYER and the SELLER will be authorized in cases where the disputes arising from the implementation and interpretation of the Contract exceed the Consumer Arbitration Committees at the place of residence of the BUYER and the SELLER within the monetary limits determined within the framework of the legislation.
17. ENFORCEMENT:
When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements prior to the realization of the order to obtain confirmation that this contract has been read and accepted by the BUYER on the site. This Agreement, consisting of 17 (seventeen) articles, is read by the Parties, It was signed and entered into force by being approved in electronic environment