Distance Sales Contract

 

DISTANCE SALES CONTRACT

 

1. PARTIES
This Contract is concluded by and between the following parties pursuant to the terms and conditions below. 
A. ‘BUYER’; (shall be hereinafter referred to as “BUYER”)
    NAME & SURNAME: ……………………………………………………….
    ADDRESS: ……………………………………………………………………
                    ……………………………………………………………………
B. ‘SELLER’; (shall be hereinafter referred to as “SELLER”)
Company name:     LAKA TURİZM TİCARET LİMİTED ŞİRKETİ – 
                             INTERNET ON FURNITURE
ADDRESS: Sünnetçi Sokak, No: 4, 34676, Beylerbeyi, Üsküdar / Istanbul
By accepting this Contract, the BUYER agrees in advance that if the BUYER confirms the order subject to this Contract, they shall be obliged to pay the order fee, as well as cargo fee, tax etc. additional fees and that they have been informed about the matter.

2. DEFINITIONS
In the execution and interpretation of this Contract, the following terms shall have the meanings provided next to them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: The Consumer Protection Law No. 6502,
REGULATION: Regulation on Distance Contracts (OG:27.11.2014/29188),
SERVICE: All kinds of consumer actions, other than procuring a good, that is made or undertaken to be made in return for a fee or an interest,
SELLER: The company offering goods to the consumer or acting for and on behalf of the party offering goods within the scope of their business or occupational activities,
BUYER: A real or legal entity buying, using or benefiting a good or a service for non-commercial purposes,
WEBSITE: Website of the SELLER,
ORDERING PARTY: A real or legal entity demanding a good or a service from the SELLER’s website,
PARTIES: SELLER and BUYER,
CONTRACT: This Contract concluded by and between the SELLER and the BUYER,
GOODS: The movable property or the software, sound, image and similar intangible goods prepared for being used in electronic media that are subject to shopping.

3. SUBJECT MATTER
This Contract sets out the rights and liabilities of the Parties pursuant to the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts related to the sales and delivery of the product, which the specifications and sales prices are provided below and which the BUYER places an order electronically to the SELLER through its website.
The prices listed and announced on the website are the sales prices. The prices and promises announced shall remain in force until they are updated and changed. The prices announced for a limited time shall remain in force until the end of the relevant term.

4. SELLER’S DETAILS
Title: LAKA TURİZM TİCARET LİMİTED ŞİRKETİ – INTERNET ON FURNITURE
Address: Sünnetçi Sokak, No: 4, 34676, Beylerbeyi – Üsküdar / Istanbul
Phone: 216-343 4215
Fax        : 216-343 4216
E-mail: info@internetonfurniture.com

5. BUYER’S DETAILS
Name of the person for delivery: ……………………………………………………………..
Delivery Address: ……………………………………………………………………………
                            …………………………………………………………………………….
Land Phone: …………………………
Mobile phone: ………………………….
Fax        : …………………………
E-mail/user name: ……………………………@………………………………………..

6. ORDERING PARTY’S DETAILS:
Name & Surname / Title: ………………………………………………………………..
Address: ……………………………………………………………………………
            …………………………………………………………………………….
Land Phone: ………………………………
Mobile phone: ……………………………….
Fax: ………………………………………..
E-mail/user name: ………………………………@……………………………………

7. SPECIFICATIONS OF THE PRODUCT(S) SUBJECT TO THE CONTRACT
1. The basic specifications of the Good/Product/Products/Service (type, amount, brand/model, color, quantity) are provided on the website of the SELLER at www.internetonfurniture.com. If there is any campaign launched by the SELLER, you can check the basic specifications of the relevant product throughout the campaign period.   
7.2. The prices listed and announced on the website are the sales prices. The prices and promises announced shall remain in force until they are updated and changed. The prices announced for a limited time shall remain in force until the end of the relevant term.
7.3. The sales price, including all the taxes, of the good or service subject to this Contract are provided below:

Product Explanation: 
Product Type: ……………………….
Model No.: ………………………. 
Quantity: ………………….
Unit Price: ………………..
Subtotal: ………………….
(Including VAT) Cargo Amount: ………………………
Total: …………………………..

Payment Method and Schedule
Online payment with Mastercard or Visa Card
Delivery address: …………………………………………………………………………….
                              …………………………………………………………………………….
Name of the person for delivery: …………………………………………………………….
Invoice address: ………………………………………………………………………………
                           ……………………………………………………………………………….
Order date: ……/ …../ ………
Delivery date: ……./ ……/ ……..
Delivery method: ……………………………………………………………………………

7.4. The cargo fee related to the shipment of product shall be paid by the BUYER for deliveries outside Istanbul. The cargo fee for the products shipped within Istanbul is paid by our company. 

8. INVOICE DETAILS
Name & Surname / Title:
…………………………………………………………………………..
Address: ………………………………………………………………………………………
            ………………………………………………………………………………………
If available,
Tax Office: …………………………………..   Tax ID No.: ………………………………   
Phone: ……………………………
Mobile phone: ……………………………..
Fax: ……………………………………
E-mail/user name: ………………………@………………………………………
Invoice delivery: The invoice will be delivered to the invoice address together with the order during delivery. 
 
9. GENERAL PROVISIONS
9.1. The BUYER agrees, represents and undertakes that they have read on the SELLER's website the basic specifications, sales prices and payment method, and the preliminary information regarding the delivery, and that they have received the necessary confirmation electronically. Before a distance sales contract is concluded upon the electronic confirmation of the preliminary information by the BUYER, the BUYER agrees, represents and undertakes that they have fully and completely received the address, which the SELLER is obliged to provide to the BUYER, as well as the basic specifications, prices including taxes, payment and delivery details for the ordered products from the SELLER.
9.2. Provided that it does not exceed the legal period of 30 days, each product subject to the Contract shall be delivered to the BUYER or to the person and/or organization at the address designated by the BUYER within the time period specified in the preliminary information section of the website depending to the location of the BUYER. 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. SELLER agrees, represents and undertakes to deliver the product subject to the Contract in full, in compliance with the specifications stated in the order, and together with, if any, warranty documents, user manuals and information and documents required, to perform the work in line with integrity and honesty principles according to the standards and requirements of the legislation by being free from any defect, to maintain and improve the service quality, to exercise due care and diligence, and to act with caution and foresight during the performance of the work.
9.4. The SELLER may supply a different product of equal quality and price by notifying the BUYER and obtaining explicit approval before the performance obligation arising from the contract expires.
9.5. If the SELLER fails to fulfill its contractual obligations in the event that it becomes impossible to supply the goods or services subject to the order, the SELLER agrees, represents and undertakes that it shall notify the consumer in writing within 3 (three) days after becoming aware of the situation and shall return the total amount to the BUYER within 14 (fourteen) days. 
9.6. The BUYER agrees, represents and undertakes that they shall verify this Contract electronically for the delivery of the product subject to this Contract, and that the SELLER’s obligation to deliver the product subject to this Contract shall cease in the event that the price of the relevant product is not paid for any reason and/or if it is canceled in the bank records.
9.7. In case the product subject to this Contract is delivered to the BUYER or the person and/or organization at the address designated by the BUYER and the price of the product subject to this Contract is not paid to the SELLER by the relevant bank or financial institute as a result of unfair use of the BUYER’s credit card by unauthorized persons, the BUYER agrees, represents and undertakes to return the product subject to this Contract to the SELLER within three (3) days with the transportation expenses covered by the BUYER.
9.8. SELLER agrees, represents and undertakes to notify the BUYER of the situation if it fails to deliver the product under this Contract within the term due to force majeure circumstances that arise without the will of the parties, that cannot be foreseen and that prevent and/or delay the parties in fulfilling their liabilities. The BUYER shall also be entitled to request from the SELLER the cancellation of the order, the replacement of the product subject to this Contract, if any, with the equivalent, and/or the postponement of the delivery period until the relevant circumstance is eliminated. In the event of cancellation of the order by the BUYER, the product price paid in cash by the BUYER is returned to them in cash and in single payment within 14 (fourteen) days. For the payments made by the BUYER with a credit card, the product price shall be refunded to the relevant bank within 14 (fourteen) days after the order is canceled by the BUYER. The BUYER agrees, represents and undertakes that the average process for the bank to reflect the amount returned to the credit card in the BUYER's account can last two to three weeks, that it will not hold the SELLER responsible for any delays as this process is completely related to the bank’s processes.
9.9. SELLER is entitled to contact the BUYER for communication, marketing, notification and other purposes through letters, e-mail, SMS, telephone calls and other means through the BUYER’s address, e-mail address, fixed and mobile telephone lines and other contact information as specified on the registration form or updated by the BUYER thereafter. By accepting this Contract, the BUYER agrees and represents that the SELLER may engage in the abovementioned communication activities for the BUYER.
9.10. The BUYER shall examine the goods/services subject to this Contract before accepting the delivery and shall not receive any crushed, broken, torn etc. damaged and defective goods/services from the cargo company. The received goods/services shall be deemed to be accepted as undamaged and sound. The responsibility on maintaining the goods/services by care passes to the BUYER after the delivery. The goods/services shall not be used if the Buyer will use its right to withdraw. The invoice should be returned.
9.11. If the BUYER and the holder of the credit card used during the order is not the same person or a security vulnerability is detected with regard to the credit card used in the order prior to the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identification and contact information for the credit card holder, the statement for the previous month of the credit card used in the order, or the letter from the card holder’s bank indicating that the credit card belongs to that person. The order will be suspended until the BUYER provides the information/documents requested, and if the said requests are not met within 24 (twenty four) hours, the SELLER shall have the right to cancel the order.
9.12. The BUYER represents and undertakes that the personal and other information provided by the BUYER when subscribing to the SELLER's website is real and that they shall immediately indemnify the SELLER for all damages incurred due to the misrepresentation of this information in full and in cash upon the SELLER's first notification.
9.13. The BUYER hereby agrees and undertakes to comply with the provisions of the legal regulations and not to violate them when using the SELLER's website at www.internetonfurniture.com. Otherwise, all legal and penal liabilities arising shall be solely and exclusively binding upon the BUYER.
9.14. The BUYER shall not use the SELLER's website www.internetonfurniture.com in any way to violate public order, violate public morality, disturb and harass others, or violate the laws, or violate the material and moral rights of others. Furthermore, members cannot perform operations that prevent or complicate the use of services (spam, virus, trojan horse, etc.) by others.
9.15. The SELLER's website at www.internetonfurniture.com may link other websites and/or other content owned and/or operated by third parties that are not under SELLER's control. These links are provided to facilitate referral to the BUYER and do not support any website or the person operating that website and are not a guarantee of the information contained in the linked website.
9.16. A member who violates one or more of the articles in this Contract shall be personally liable and legally for this violation and shall keep the SELLER free from the legal and criminal consequences of such violations. In addition to this, in case a legal action is taken against the incident due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership contract.

10. RIGHT OF WITHDRAWAL
10.1. In case the distance contract is related to the sale of goods, the BUYER may exercise the right to withdraw from the contract within 14 (fourteen) days of the delivery date of the product to the BUYER or to the person/organization at the address designated by the BUYER, without incurring any legal or criminal liability and without providing any reason. For distance contracts related to the provision of services, this period shall start from the date of signing the contract. The right of withdrawal shall not be exercised in the service contracts, which the rendering of service started with the approval of the consumer, before the right of withdrawal period expires. The SELLER shall bear the costs arising from the exercise of the right of withdrawal. The BUYER agrees in advance that they have been informed of the right of withdrawal by accepting this contract.
10.2. In order to exercise the right of withdrawal, a written notice must be served to the SELLER by registered mail, fax or email within 14 (fourteen) days and the product must not be used within the scope of the provisions of the "Products for which right of withdrawal cannot be used” set out in this Contract. If this right is exercised, 
a) The invoice for the product delivered to the third party or to the BUYER, (if the invoice for the product to be returned is corporate, the return invoice issued by the organization must be sent when returning the product. Refunds of orders issued on behalf of the organizations will not be completed unless the RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered completely and without damage, including their boxes, packaging, and standard accessories, if any.
d) The SELLER shall be obligated to refund the total amount and return the documents that put the BUYER under debt to the BUYER within 10 (ten) days and to receive the returned product within 20 (twenty) days latest after receiving the withdrawal notification.
e) In the event of a decrease in the value of the goods due to a fault of the BUYER or if it becomes impossible to return it, the BUYER shall be obligated to compensate the SELLER for the damages in proportion to their fault. However, the BUYER shall not be responsible for any changes or deficiencies caused by the proper use of the product or the goods during the withdrawal period. 
f) In case the price falls below the campaign limit amount provided by the SELLER due to exercising the right of withdrawal, the discount amount that has been used in the campaign shall be canceled.

11. PRODUCTS FOR WHICH RIGHT OF WITHDRAWAL CANNOT BE USED
Pursuant to the Regulation, it is not possible to return the goods that are prepared in line with the BUYER's request or personal needs and that are not suitable for return such as underwear, swimwear and bikini bottoms, make-up materials, disposable products, perishable products or that may expire, products that are not suitable to be returned in terms of health and hygiene if the package is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated by nature, goods related to periodicals such as newspapers and magazines, except those provided under the subscription agreement, services immediately rendered electronically or intangible goods delivered to the consumer, audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables which the package is opened by the BUYER. Furthermore, it is not possible to exercise the right of withdrawal for the services commenced with the approval of the consumer before the withdrawal period expires.
In order to be able to return cosmetics and personal care products, underwear products, swimsuits, bikini, books, replicable software and programs, DVD, VCD, CDs and tapes and stationery consumables (toner, cartridge, ribbon, etc.), their packaging must be unopened, untested, unbroken and unused. 

12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER agrees, represents and undertakes to pay interest and to be liable to the bank in the event of defaulting on the payment transactions with the credit card, pursuant to the credit card agreement with the card holder bank. In this case, the relevant bank may resort to legal means, request the expenses and the power of attorney fees to arise from the BUYER, and in the event that the BUYER defaults on its debt, the BUYER agrees, represent and undertakes to pay the SELLER's losses and damages incurred due to the delayed performance of the debt.

13. COMPETENT COURT
Complaints and objections regarding the disputes arising out of this contract shall be submitted to the arbitration tribunal or the consumer court in the place where the consumer residence is located or where the consumer transaction takes place within the monetary limits set forth in the following law. Information on the monetary limit is as follows:
Effective as of 01/01/2017, the following bodies have been commissioned related to the applications made to the consumer arbitration committees for 2017 for the amounts stated in the relevant item:
a) District consumer arbitration committees for disputes under 2,400 (two thousand four hundred) Turkish lira,
b) Provincial consumer arbitration committees for disputes between 2,400 (two thousand four hundred) Turkish lira and 3,610 (three thousand and six hundred ten) Turkish lira in metropolitan cities,
c) Provincial consumer arbitration committees in disputes under 3,610 (three thousand six hundred ten) Turkish lira in the centers of cities not having a metropolitan status,
d) Provincial consumer arbitration committees for disputes between 2,400 (two thousand four hundred) Turkish lira and 3,610 (three thousand and six hundred ten) Turkish lira in cities not having a metropolitan status.
This Contract is concluded for commercial purposes.

14. EXECUTION
The BUYER shall be considered to have accepted all the terms of this contract when the BUYER makes the payment for the order placed on the Website. The SELLER shall be obligated to make the necessary software arrangements in order to obtain the confirmation that this contract is read and accepted by the BUYER on the website prior to the order's execution. 

SELLER:     LAKA TURİZM TİCARET LİMİTED ŞİRKETİ – 
                    INTERNET ON FURNITURE
BUYER: ………………………………………………………………………………..
DATE: …………../……………/……………….