Distance Sale Contract
- PARTIES TO THE CONTRACT
This Contract is hereby executed by the following parties electronically upon the communicated requirement and acceptance thereof;
|Seller||Title||:||GLOBIS Dış Tic. Ltd. Şti. hereinafter to be referred to as the “SELLER”)|
|Notice Address||:||Meşrutiye Mah. Kodaman Sok. NO:105 Şişli/İSTANBUL – TURKEY|
|Telephone||:||+90 212 343 2075|
|Customer||Name & Surname/Title||:||[*DYNAMIC*] (hereinafter to be referred to as the “Customer”)|
(The SELLER and the Customer shall be referred to as a “Party” individually and “Parties” collectively.)
- SUBJECT MATTER OF THE CONTRACT
The subject matter of this Contract is to set forth the rights and obligations of the Parties as per the provisions of Law No. 6502 on the Protection of Consumers (“Law”) and Regulation No. 29188 on Distance Contracts (“Regulation”) in connection with sale and delivery of products meeting the quality specified in the Contract and having prices again specified in the Contract for which they placed an order via the website, http://shop.ltbjeans.com, owned by the Customer’s SELLER (“Site”).
- GOODS OR SERVICES COVERED BY THE CONTRACT AND PAYMENT AND DELIVERY
The types, quantities, brands, models, colors and sales values, inclusive of VAT, of the Product or Products constituting the subject matter of this Contract are as indicated below:
|Order Processing and Shipment Charges||[*TL*]|
|Total (Incl. VAT)||[*TL*]|
|Person to Take Delivery||[**]|
- REPRESENTATIONS, RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. The Customer hereby agrees, declares and pledges that it has read the preliminary information form on the SELLER’s full trade name, full address and communication information under which the basic qualities of the Product or Products covered by the Contract, terms regarding sale prices including VAT, delivery and costs of delivery, renouncement right and exercise shall be met by the Customer, obtaining accurate and full information in connection therewith.
4.2. The Customer hereby agrees, declares and pledges that it is aware of the basic qualities, sale prices, payment methods and delivery conditions of the Product or Products covered by sale as well as of any other preliminary information and renouncement right, that it confirms this preliminary information electronically and subsequently places an order for the Product or Products.
4.3. Delivery of the Product or Products is made as soon as possible upon stock availability and receipt of the price in the SELLER’s account. The SELLER hereby agrees, declares and pledges to deliver the Product or Products at the delivery address specified by the Customer in this Contract no later than 30 (thirty) days from the order.
4.4. The SELLER hereby agrees, declares and pledges that it is responsible for delivering the Product or Products covered by the Contract to the Customer in a condition meeting the qualities specified in the order and together with warranty certificates and operating guides if any.
4.5. Delivery costs are borne by the SELLER in cases where the SELLER states that the SELLER shall meet delivery costs or that free delivery shall be made as part of a campaign in case of those shopping for a figure above the figure set and announced by the SELLER on the Site.
4.6. The Customer shall inspect the Product or Products covered by the Contract during delivery before taking their delivery, not taking delivery of any Product or Products which are bruised, broken and have torn packages and similar damages and defects.
4.7. The Customer hereby agrees, declares and pledges that the Product or Products taken over from the courier have been delivered in a complete, damage free and sound condition. The Customer is obligated to protect the Product or Products with care after delivery.
4.8. The Customer hereby agrees, declares and pledges that the Customer is obligated to return the Product or Products to the SELLER within 3 (three) days and meet delivery costs to be incurred in this case in the event that the relevant bank or finance institution does not pay the value of the Product or Products to the SELLER after delivery of the Product or Products because the credit card held by the Customer is used by unauthorized persons in an unjustified or illegal manner not arising from the Customer’s fault.
4.9. In the event that the value of the Product or Products is not paid or payment is cancelled in the bank records for any reasons whatsoever, the SELLER is considered having been relieved of its obligation to deliver the Product or Products covered by this Contract.
4.10. The Parties hereby agree, declare and pledge that in cases where the Product or Products are to be delivered to a person/entity other than the Customer, and the Person/entity to take delivery thereof refuses to accept delivery, the SELLER is not liable in connection therewith.
4.11. The SELLER may provide the Customer with other Product or Products of equal quality and price before the expiry of the performance period in the Contract in case of justified grounds thereof. The sum paid and documents if any are returned to the Customer within 10 (ten) business days. In cases where the SELLER considers that the performance of the Product or Products is impossible, the SELLER informs the Customer accordingly before the expiry of the performance term of the Contract.
4.12. The SELLER may not be held liable for non-delivery of the ordered Product or Products at the delivery address of the Customer, or at the Customer’s Delivery Address specified in the Contract, due to any problems to be encountered by the courier, which shall make delivery, at the stage of delivery to the Customer.
4.13. In the event that the SELLER is unable to meet its obligations under the Contract because delivery of the ordered Product or Products to the Customer is not possible, the SELLER informs the Customer accordingly before the expiry of the term of its performance obligation arising from the Contract and may provide the Customer with a different product of the same quality and price.
4.14. In cases where the SELLER is unable to deliver the Product or Products covered by the Contract in the prescribed time limit due to Force Majeure or extraordinary circumstances such as adverse weather and interruption of transport preventing delivery, the SELLER is obligated to inform the Customer accordingly. In this case, the Customer may exercise one of the options involving order cancellation, replacement of the Product or Products with equivalent items and/or postponement of the delivery time limit until after the elimination of the preventive condition. In the event that the Customer cancels the order, the sum paid thereof is refunded in cash and all at once within 10 days.
4.15. If the Customer shops with credit card with payments in installments, the method of instalments specified in this Contract applies. In installment operations, the relevant provisions of the contract signed between the Customer and credit owner bank apply. The credit card payment date is determined as per the provisions of the Contract between the bank and the Customer. In addition, the Customer may follow the number of installments and payments thereof on the statement of accounts sent by the bank.
4.16. In payments made by the Customer with a credit card, the product sum is returned to the relevant bank within 7 days after order cancellation by the Customer. The reflection in Customer’s account after the refund of this sum to the Bank is solely a bank process and the SELLER is unable to intervene with this process in any manner whatsoever.
- RENOUNCEMENT RIGHT AND REPLACEMENT
5.1. The Customer is entitled to renouncement and replacement without having to provide any justification within 14 (fourteen) days from delivery of the Product or Products to the Delivery Address specified in this Contract.
5.2. For exercise of the renouncement right, notice must be served on the SELLER by telephone or e-mail within the time limit of 14 (fourteen) days and the Product or Products intended to be returned must be in an unused condition allowing the SELLER to put them on sale again subject to the provisions of Article 6 of this Contract. In case of the exercise of the renouncement right: the Product or Products must be delivered to the SELLER in a complete and undamaged condition with:
- The invoice of the Product or Products delivered to the Customer’s Delivery Address specified in this Contract (in cases where the invoice of the Product or Products intended to be returned is corporate, products must be sent with the return invoice issued by the relevant entity upon return. Order returns for invoices that are issued to any corporate bodies may not be processed IF NO RETURN INVOICE IS ISSUED),
- Return Form,
iii. Box(es), packages or Standard accessories, if any, of the Product or Products.
5.3. The sum of the Product or Products is returned to Customer within 10 (ten) business days from receipt of the items listed in Article 5.2 by the SELLER.
Any transport costs of the Product or Products returned in the prescribed time limit for any reasons including costs of shipment to the Customer shall be met by the SELLER. In case of replacement, transport costs for initial replacement shall be met by the SELLER; in cases where the same product is replaced twice, costs of the second replacement shall be met by the Customer.
5.4. Upon return of the Product or Products to the SELLER, the original invoice submitted to the Customer during delivery must also be returned to the SELLER and no return request may be processed unless the invoice is sent back with the Product or Products or individually sent to the SELLER within 5 (five) days from shipment of the Product or Products; in this case, the Product or Products shall be sent back to the Customer against payment upon delivery.
5.5. The phrase, “return invoice” shall be written and signed by the Customer on the invoice to be returned.
- PRODUCTS FOR WHICH RENOUNCEMENT RIGHT IS NOT EXERCISABLE.
Renouncement right may not be exercised for products not considered appropriate to be returned in terms of health and hygiene as far as goods on which protective elements such as packaging, tapes, seals and packages are opened after delivery are concerned.
Consumers Arbitration Tribunals and Consumers Courts at the location of the Customer’s domicile have the sole jurisdiction over settlement of disputes arising from this Contract, which have a value of up to the limit communicated by the Ministry of Industry and Trade.
Any notices, warnings and notifications to be served as per this Contract shall be served by e-mail, courier accompanied with explanation thereof, certified mail or a notary at the addresses of the Parties designated in Article 1 of this Contract.
The Parties hereby agree that their addresses designated in the Contract are their respective notice addresses and that unless any change of address shall be notified to the other Party before five (5) business days, notices to be served at these addresses shall be effective. Any notices served by the SELLER on the Customer under this contract shall be considered having reached the Customer 1 (one) day after this dispatch and any notices to be sent by the Customer to the SELLER shall be considered effective from the date when they are considered having been served according to Turkish laws.
- FINAL PROVISIONS
This Contract, comprising 9 (nine) articles is hereby executed by the Parties on [*DYNAMIC*]. The preliminary information form located on the payment page of the website, http://shop.bouletta.com and invoice are integral parts of this Contract. The Parties hereby agree, declare and pledge that they have fully read, understood and accepted this Contract in its entirety, that the information provided by each of them is correct and that any provisions hereof are effective. By approving this Contract via the specifically prepared platform of the Site, the Customer is hereby considered as having agreed to any terms hereof.
|GLOBIS Dış Ticaret Ltd. Şti.||[*DYNAMIC*]|