I. PARTIES
This Distance Sales Agreement (hereinafter referred to as the “Agreement”); It has been concluded between the parties whose information is given below, under the following conditions and annexes.
1. SELLER
Title: Triangle İstanbul İç ve Dış Tic. Ltd. Sti.
Address: Nispetiye Mah. Gazi Gucnar Sk. Uygur Business Center No:4 Door:2
Phone: +90 542 676 88 18
E-mail: hello@lambaterra.com
2. BUYER
Name-Surname: [invoice-name] [invoice-company]
Address: [invoice-address]
Phone: [phone]
Email: [email]
The Seller and the Buyer shall be referred to as the “Party” separately and together as the “Parties” in this Agreement.
II. SUBJECT AND SCOPE OF THE AGREEMENT
The subject of this Agreement is the price, model, feature, etc. It consists of determining the mutual rights and obligations of the parties in accordance with 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 qualities and sales price are specified below, by examining the information.
III. PRODUCT INFORMATION
The type, quantity, brand/model, color and sales price of the product, including all taxes, are as stated in the information on the product’s introduction page on the website called orhanithalat.com.tr, this Agreement and the invoice, which is an integral part of the Agreement.
[List of products]
IV. PAYMENT TERMS
Payment will be made by credit card or debit card through the payment platform on the payment page of the Seller’s orhanithalat.com.tr website.
Since forward sales are made only with credit cards belonging to banks, the Buyer shall separately confirm the relevant interest rates and information on default interest from the bank, and that the provisions regarding interest and default interest will be applied within the scope of the “Credit Card Contract” between the bank and the Buyer, pursuant to the provisions of the legislation in force. accepts, declares and undertakes.
In cases where the Buyer uses his right of withdrawal, or in cases where the product subject to the order is out of stock for various reasons, or the decision of the Arbitration Committee or the decision of the Consumer Court to be refunded to the consumer, if the shopping is made with a credit card and in installments, the Seller can send the entire product price to the bank at once. The bank will pay the installment expenses to the Buyer’s credit card. The said return product price will be transferred to the Buyer’s accounts again in installments. No cash refund will be made by the Seller to the Buyer in any way.
The installment amounts paid by the Buyer until the cancellation of the sale, if the return date and the account cut-off dates of the card do not coincide; After the end of the installments determined by the bank and the customer at the beginning of the sale, the monthly amount of the installments paid until the cancellation of the sale, and the monthly installments paid until the cancellation of the sale, will be returned/deducted monthly to the Buyer’s Bank account.
The Buyer agrees that the average process of reflecting the amount returned to the credit card to his account by the bank may take two (2) to three (3) weeks, and since the reflection of this amount to the Buyer’s accounts after the return of this amount to the bank is entirely related to the bank transaction process, the Seller’s account for possible delays. accepts, declares and undertakes that it cannot hold the Company responsible.
V. DELIVERY CONDITIONS
The delivery of the product will be made to the Buyer’s address specified above via the cargo company.
Delivery costs shall be borne by the Buyer. Even if the Buyer is not at the address at the time of delivery, the Seller will be deemed to have fulfilled its performance fully and completely. The Seller shall not be liable for any damages arising from the late receipt of the product by the Buyer and the expenses incurred due to the product waiting in the cargo company and/or the return of the cargo to the Seller.
Delivery will be made as soon as possible after the stock is available and the product price is transferred to the Seller’s account. The Seller shall deliver the product within thirty (30) days at the latest from the order.
The Buyer accepts that the delivery made to the delivery address and to the person present at this address at the time of delivery shall be deemed as the delivery made to the Buyer.
If the product subject to the contract is to be delivered to a person/organization other than the Buyer, the Seller shall not be liable if the person/organization to be delivered does not accept the delivery.
VI. GENERAL PROVISIONS
After the delivery of the product to the Buyer, in the event that the relevant bank or financial institution fails to pay the product price to the Seller due to the unfair or unlawful use of the Buyer’s credit card by unauthorized persons, which is not due to the Buyer’s fault, the Buyer shall render the product three times a year, provided that it has been delivered to him. (3) days to send it to the Seller. In this case, the delivery expenses will belong to the Buyer.2
The seller, upon delivery of the contracted product, is sound, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any
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The Buyer accepts, declares and undertakes that he 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 that he is informed and gives the necessary confirmation in electronic environment.
Communication, marketing, via letter, e-mail, SMS, telephone call and other means of the 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 afterwards, has the right to reach the Buyer for notification and other purposes. By accepting this contract, the Buyer accepts and declares that the Seller may engage in the above-mentioned communication activities.
The buyer will inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. will not receive the damaged and defective goods/services from the cargo company. The received goods/services shall be deemed to be undamaged and intact. Careful protection of the goods/services after delivery shall be borne by the Buyer.
The Buyer agrees and undertakes in advance 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 liabilities that may arise will bind the Buyer completely and exclusively.
The Buyer declares and undertakes that the personal and other information provided while subscribing to the Seller’s website are truthful, and that the Seller will immediately indemnify all damages incurred due to the untrueness of this information, upon the Seller’s first notification, in cash and in full.
The Buyer may not use the Seller’s website in a way that disrupts public order, violates public morality, disturbs and harass others, and infringes the material and moral rights of others for an unlawful purpose. In addition, the member will not engage in activities (spam, virus, etc.) that prevent or make it difficult for others to use the services.
The Buyer accepts the validity of the Seller’s records in advance, and that in any dispute that may arise between the Seller and the Seller, all kinds of records, documents and books, all kinds of computer and sound recordings, microfilms and microfiches of the Seller will be the sole and definitive evidence and will be binding, accepts that the article is a contract of evidence within the scope of the Code of Civil Procedure (HMK).
For the delivery of the product subject to the contract, the “Preliminary Information Form” and this Contract must be approved electronically by the Buyer and the price must be paid. If, for any reason, the product price is not paid or canceled in the bank records, the Seller shall be relieved of its obligation to deliver the product.
VII. RIGHT OF WITHDRAWAL
Buyer; has the right to withdraw from the contract within fourteen (14) days from the date of delivery of the product to himself or the person/organization at the address indicated, without giving any reason and without paying any penalty.
In this case, the buyer shall return the product as it was received, without using, destroying/destroying.
The costs arising from the use of the right of withdrawal shall belong to the Seller.
In order for the Buyer to use his right of withdrawal, it is sufficient for the Buyer to notify the Seller in writing within fourteen (14) days, but the proof of the use of the right of withdrawal shall belong to the Buyer.
The right of withdrawal cannot be exercised in products that are produced in accordance with the Buyer’s special requests and demands or that have been personalized by making changes or additions.
In case of exercising the right of withdrawal, the product; I. Invoice delivered to the third party or the Buyer, ii. Return form, iii. The product will be delivered complete with its box, packaging and standard accessories, if any.
If the original invoice is not sent, VAT and other legal obligations, if any, will not be refunded to the Buyer.
If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Order returns, whose invoices are issued on behalf of institutions, cannot be completed unless a return invoice is issued.
The Buyer is obliged to return the product to the Seller within ten (10) days from the use of its right of withdrawal.
The seller will also perform the refund process in accordance with the purchasing method of the consumer within fourteen (14) days from the date on which the withdrawal notification is received.
VIII. STATUS OF DEFAULT
In the event that the Buyer defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card contract signed by the bank with him and be liable to the bank. In this case, the relevant bank will be able to take legal action; may claim the expenses and attorney’s fees incurred from the Buyer, and the Buyer shall, under any circumstances, compensate the Seller for the loss incurred due to the delayed performance of the debt.
The Seller shall notify the Buyer within three (3) days from the date of learning of the situation, in cases where it becomes impossible to supply the ordered goods.
In this case, the Seller will be able to terminate the contract immediately and return the price paid by the Buyer for the product ordered or all documents that put him under debt, if any, within fourteen (14) days at the latest.
In the event that it is understood that the contractual good cannot be supplied for a justified reason, the Buyer approves the Seller to procure and deliver another good or service of equal quality and price, provided that the Seller informs him.
If the Seller cannot deliver the product subject to the contract in due time due to force majeure or extraordinary events such as weather conditions that prevent transportation, interruption of transportation, fire, earthquake, flood, the Buyer assumes no responsibility of the Seller in such cases, may use one of the rights to cancel the order or delay the delivery time until the blocking situation disappears.
IX. AUTHORIZED COURT
In disputes that may arise from this contract, the Consumer Arbitration Committees and Consumer Courts in the place where the consumer purchases the goods or services or where the residence is located are authorized up to the value declared by the Ministry of Customs and Trade.
X. EFFECTIVENESS
When the Buyer makes the payment for the order placed on the website of the Seller, he is deemed to have accepted all the terms of this contract. The Seller is obliged to make the necessary software arrangements to receive confirmation that this contract has been read and accepted by the Buyer before the order is fulfilled.