DISTANCE SALES AGREEMENT
ARTICLE 1- PARTIES
This distance sales contract (“Contract”) has been signed between the parties below under the terms and conditions specified.
1.1. SELLER:
Title: Cansu Habibi
· Address: Alaçatı mahallesi 16018 sokak no:15/A Alaçatı/Çeşme/İzmir
· Telephone: +90 538 299 17 12
· E-mail: lunanegrajewelry@gmail.com
· Mersis No: 1990391320
The Cargo Company to which the BUYER will Send the Goods to the Seller in case of Return: MNG Cargo
1.2.BUYER ("RECIPIENT"):
· Name/Surname/Title:
· Address:
· Address:
· E-mail:
ARTICLE 2- SUBJECT
This Distance Sales Contract (“Contract”) has been drawn up in accordance with the Consumer Protection Law No. 6502 (“Law”) and the Regulation on Distance Contracts. The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of the current legislation regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER has ordered electronically from the website https://lunanegrajewelry.com.
ARTICLE 3- THE PRODUCT SUBJECT TO THE CONTRACT, PAYMENT AND DELIVERY RELATED INFORMATION
3.1.
Name, quantity, sales price including VAT, payment method and basic characteristics of the product subject to the contract:
Product description
Piece
Unit price
Advance Price (Including VAT)
Forward Price (Including VAT)
Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
· Total product price excluding shipping:
· Shipping cost.
· Total Cost Including Cargo:
· Payment Method and Plan:
· Maturity Difference Received:
· Interest rate used in the Maturity Interest account:
3.2.
Payment method:
3.2.1.
In the above section, there is information about how many installments will be paid for the order total to be sent to your bank.
3.2.2.
By organizing campaigns, your bank can apply a higher number of installments than the number of installments you choose, and services such as installment postponement can be offered. Such campaigns are at the discretion of your bank and if our company is aware of it, information about the campaigns is provided on our pages.
3.2.3.
Your bank will reflect on your credit card summary by dividing the order total by the number of installments starting from the account cutoff date of your credit card. The bank may not distribute the installment amounts equally to the months, taking into account the fractional differences. The creation of your detailed payment plan is at the discretion of your bank.
3.2.4.
On the other hand, due to the fact that the forward sales are made only with credit cards belonging to banks, the BUYER will confirm the relevant interest rates and default interest information from the bank separately, and that the provisions related to interest and default interest will be applied within the scope of the credit card agreement between the bank and the BUYER, in accordance with the provisions of the legislation in force. accepts, declares and undertakes.
3.2.5.
In addition, due to the fact that the banks provide the opportunity to sell on credit only to the BUYER, who is the bank’s customer, the BUYER shall confirm the relevant interest rates and the information about the default interest separately from the bank, in accordance with the provisions of the legislation in force, that the provisions regarding interest and default interest are legal between the bank and the BUYER. accepts, declares and undertakes that it will be applied within the scope of the relationship. The lending and the creation of your detailed payment plan are at the discretion of the relevant bank, and the SELLER has no responsibility in this regard.
3.3.
Return Procedure
In cases where the BUYER uses its right of withdrawal, or in cases where the product subject to the order cannot be supplied for various reasons, or in cases where a refund is given to the BUYER with the decisions of the arbitral tribunal, the return procedure regarding the payment options is as follows:
a) Return Procedure for Credit Card Payment Options
If the purchase is made with a credit card and in installments, the bank repays the BUYER in installments in the same way, in how many installments the BUYER has bought the product. After the SELLER has paid the entire product price to the bank at once, in the event that the installment expenditures made from the Bank’s POS are returned to the BUYER’s credit card, the requested refund amounts are transferred by the bank to the bearer’s accounts in installments so that the parties involved do not become victims. The installment amounts paid by the BUYER until the cancellation of the order, if the return date and the card’s account cut-off dates do not coincide, 1 (one) refund will be reflected on the card each month, and the BUYER will pay the installments before the return, after the end of the installments of the sale, for another month equal to the number of installments he has paid before the return. receivables and will be deducted from existing debts. This process; It is between the BUYER and the relevant bank, and the BUYER accepts, declares and undertakes that he cannot hold the SELLER responsible for possible delays.
In case of the return of the product purchased with a card, the SELLER cannot make a cash payment to the BUYER in accordance with the contract it has made with the Bank. In case of a refund, the SELLER will make the refund via the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or on account, the BUYER cannot be paid in cash in accordance with the procedure we have explained above. Refund to the credit card will be made by the Bank in accordance with the above procedure, after the SELLER has paid the amount to the Bank at once.
The BUYER accepts and undertakes that he has read and accepted this procedure.
b) Return Procedure for Wire Transfer/EFT Payment Options
The refund will be made in the form of money transfer or EFT to the account specified by the BUYER (the account must be in the name of the person at the billing address or the name of the user member) by requesting bank account information from the BUYER.
The SELLER reimburses the entire product price to the relevant bank account within 14 (fourteen) days at once.
The BUYER accepts, declares and undertakes that he has read and accepted this procedure.
3.4.
Product Delivery and Delivery Method:
3.4.1.
The contract has entered into force with the approval of the BUYER in electronic environment and is executed when the product purchased by the BUYER from the SELLER is delivered to the BUYER. The goods will be delivered to the address specified by the BUYER in the order form and in this Agreement and to the specified authorized person(s).
Delivery address:
Delivery Person:
Billing address:
3.4.2.
The delivery costs of the product belong to the BUYER unless there is a contrary provision. If the SELLER has declared on the website that the delivery fee will be covered by itself, the delivery costs will belong to the SELLER.
3.4.3.
After the payment is made, the product is delivered to the cargo within the period specified in the “Delivery” section of the website. Products; It is delivered to the BUYER or the person/organization at the address indicated by the SELLER’s contracted cargo company within a legal period of 30 (thirty) days, depending on the distance of the BUYER’s place of residence, without prejudice to the circumstances in which the fulfillment of the performance subject to the order becomes impossible. In the event that the cargo company does not have a branch in the location of the BUYER, the BUYER must receive the product from another branch of the cargo company that is reported by the SELLER. The delivery date of the products specified as “estimated delivery date” on the website is specified as an estimate, and this statement does not include any commitment. These products will be delivered to the BUYER within 30 (thirty) days at the latest, as specified in the legislation.
3.4.4.
The BUYER is responsible for checking the product as soon as it is received and if there is a problem with the product due to the cargo, not accepting the product and keeping a report to the cargo company official. Otherwise, the SELLER will not accept responsibility.
3.4.5.
Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the price in full before receiving the product. If the price of the product is not fully paid to the SELLER before delivery in cash sales, and the installment amount due in installment sales is not paid, the SELLER may unilaterally cancel the contract and be freed from the obligation to deliver the product. If, for any reason, after the delivery of the product, the bank/financial institution to which the credit card is processed does not pay the product price to the SELLER, the product is returned to the SELLER by the BUYER within 3 (three) days at the latest, at the BUYER’s expense. . All other contractual-legal rights of the SELLER, including the follow-up of the product price without accepting the return, are reserved separately and in any case. The SELLER shall not be liable for any payments made to the SELLER by the bank and/or financial institution, for which a failed code is sent by the bank and/or financial institution for any reason.
3.4.6.
The BUYER is responsible for the shipping cost in order cancellations made by the BUYER after the product is shipped by the SELLER, but before it is received by the
3.4.7.
In cases where the fulfillment of the order subject to the performance becomes impossible, the SELLER shall inform the BUYER within 3 (three) days from the date of learning of this situation and shall return all the collected payments, including the delivery costs, if any, within 14 (fourteen) days at the latest from the date of notification.
ARTICLE 4- RIGHT OF WITHDRAWAL
4.1.
The BUYER has the right to withdraw from this Distance Sales Contract signed with the SELLER within 14 (fourteen) days without giving any reason and without paying any penalty. The period of the right of withdrawal, in contracts related to the performance of service, the day the contract is established; In contracts for the delivery of goods, it starts on the day the BUYER or the third person determined by the BUYER receives the goods. However, the BUYER may use the right of withdrawal within the period from the conclusion of the contract to the delivery of the goods. In determining the period of the right of withdrawal;
a) In the case of goods that are the subject of a single order and delivered separately, the day on which the BUYER or the third party determined by the BUYER receives the last goods,
b) In the case of goods consisting of more than one piece, the day on which the BUYER or the third party determined by the BUYER receives the last item,
c) In contracts where the goods are delivered regularly for a certain period of time, the day on which the BUYER or the third party determined by the BUYER receives the first goods is taken as a basis.
4.2.
The withdrawal notification can be made by direct delivery to the store or by sending a fax, electronic mail or registered letter, by filling out the Withdrawal Form on https://lunanegrajewelry.com or sent with the invoice, before the right of withdrawal expires. The BUYER is required to fill in the Withdrawal Form and receive the return address information, and send the goods back within 10 (ten) days from the date on which he exercises his right of withdrawal. In order for the products to be returned or to use the right of withdrawal, their packaging must be unopened, untested, intact and unused. In addition, the invoice, the product’s box, packaging, standard accessories, if any, and other products gifted with the product must be returned completely and undamaged together with the product.
4.3.
In case the right of withdrawal is exercised, the invoice of the product delivered to the BUYER or the third person with the above information notified by him/her (if the invoice of the product to be returned is corporate, the return invoice issued by the institution when returning it) must be sent. Order returns whose invoices are issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.
4.4.
Due to the exercise of the right of withdrawal, in case the campaigns organized by the SELLER – free shipping above a certain limit, additional discount etc.
4.5.
The carrier stipulated within the scope of your right of withdrawal is the cargo company to which the ordered product is delivered to you, and the details regarding the return are explained in the return tab of https://lunanegrajewelry.com.
4.6.
As long as the BUYER sends the product to be returned to the SELLER with the contracted cargo company of the SELLER specified in the Preliminary Information Form, the return shipping cost belongs to the SELLER. In the event that the product to be returned by the BUYER is sent by a cargo company other than the contracted cargo company of the SELLER specified in the Preliminary Information Form, the SELLER is not responsible for the return shipping cost and the damage to the product during the shipping process.
4.7.
All payments made by the BUYER to the SELLER or the Intermediary Service Provider for the relevant product within 14 (fourteen) days from the BUYER’s use of the right of withdrawal (provided that the product is returned via the carrier specified by the SELLER for return), while the BUYER is making the purchase. It will be returned at once, in accordance with the payment instrument used and without incurring any cost or obligation to the BUYER. In purchases made using credit, in cases where the right of withdrawal is duly exercised, the product price will be returned to the account associated with the credit.All payments made by the BUYER to the SELLER or the Intermediary Service Provider for the relevant product within 14 (fourteen) days from the BUYER’s use of the right of withdrawal (provided that the product is returned via the carrier specified by the SELLER for return), while the BUYER is making the purchase. It will be returned at once, in accordance with the payment instrument used and without incurring any cost or obligation to the BUYER. In purchases made using credit, in cases where the right of withdrawal is duly exercised, the product price will be returned to the account associated with the credit.
4.8.
The BUYER cannot use the right of withdrawal in the following contracts:
a) Contracts for products whose prices change depending on the fluctuations in the financial markets and which are not under the control of the SELLER or the supplier.
b) Contracts for goods prepared in line with the BUYER’s wishes or personal needs.
c) Contracts for the delivery of perishable or expired goods.
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or rest, which must be made on a certain date or period.
f) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.)
g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the BUYER.
h) Contracts regarding the services that are started to be performed with the approval of the BUYER, before the expiry of the right of withdrawal.
ARTICLE 5- DECLARATIONS AND COMMITMENTS
5.1.
DECLARATIONS AND COMMITMENTS OF THE BUYER:
5.1.1.
The BUYER declares that he has read the preliminary information uploaded by the SELLER regarding the basic characteristics, sales price and payment method, as well as the delivery and cargo cost of the product subject to this Contract, and has given the necessary confirmation in electronic environment.
5.1.2.
The BUYER can forward her requests and complaints using the SELLER contact information above.
5.1.3.
The BUYER, by confirming this Agreement and the Preliminary Information Form electronically, also includes the address, basic features of the ordered product, the price of the product including taxes, payment and delivery and delivery price information, which should be given to the BUYER by the SELLER before the conclusion of the distance contracts. confirms that it has been obtained correctly and completely. If the BUYER is damaged, broken, torn packaging etc. at the time of delivery. In case of receiving the product, which is the subject of the contract, which is clearly damaged and defective, from the cargo company, the responsibility belongs entirely to him.
5.2
STATEMENTS AND COMMITMENTS OF THE SELLER:
5.2.1.
The SELLER is responsible for the delivery of the contracted product to the BUYER in accordance with the BUYER’s legislation, intact, complete and in accordance with the qualifications specified in the order.
5.2.2.
In case the product cannot be delivered within the legal 30 (thirty) days due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquake, flood, fire, epidemic) other than normal sales/delivery conditions, the SELLER informs the BUYER regarding the delivery. . In this case, the BUYER can cancel the order, order a similar product or wait until the end of the extraordinary situation.
5.2.3.
In case it is understood that the contracted products cannot be supplied for a justified reason, except for extraordinary circumstances, the SELLER may inform the BUYER within 3 (three) days after learning of the situation and obtain another goods/services of equal quality and price by informing the BUYER and fulfilling its contractual commitment in this way. sort of. In cases where the BUYER does not approve, the provisions regarding the cancellation of the order are applied.
5.2.4.
If the product subject to the contract is to be delivered to a person other than the BUYER, the SELLER cannot be held responsible if the person to be delivered does not accept the delivery.
ARTICLE 6- GENERAL PROVISIONS
6.1.
The BUYER declares on the https://lunanegrajewelry.com website that she has read the preliminary information about the product subject to the contract and has given the necessary confirmation in electronic environment.
6.2.
The product will be delivered within 30 (thirty) days at the latest from the contract date. All responsibility belongs to the SELLER until the delivery of the product.
6.3.
If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
6.4.
The SELLER is responsible for the delivery of the product subject to the Contract in a solid, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
6.5.
For the delivery of the product subject to the contract, the price of this Contract must be paid in the form of payment 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 its obligation to deliver the product.
6.5.
For the delivery of the product subject to the contract, the price of this Contract must be paid in the form of payment 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 its obligation to deliver the product.
6.6.
In case the bank or financial institution does not pay the product price to the SELLER due to the unfair or unlawful use of the BUYER’s credit card after the delivery of the product by unauthorized persons, not due to the BUYER’s fault, provided that the BUYER has delivered the product to the SELLER. It must be sent within 3 (three) days.
6.7.
In accordance with the General Communiqué of the Tax Procedure Law No. 385, in order to carry out the return transactions, the relevant sections of the invoice that we have sent to you, which includes the return section, must be filled in completely and sent back to us together with the product after it is signed.
ARTICLE 7- RESOLUTION OF DISPUTES
7.1.
In the implementation of this Distance Sales Contract, the BUYER Arbitration Committees and BUYER’s Courts are authorized up to the value announced by the Ministry of Customs and Trade in the place where the BUYER purchased the product and where the residence is located.
7.2.
District/provincial BUYER arbitral committees are authorized for the requests of the BUYER in line with the lower and upper limits specified in the first paragraph of Article 68 of the Consumer Protection Law No. 6502.
7.3.
In the event that the order is fulfilled, the BUYER is deemed to have accepted all the terms of this Agreement.
7.3.
SELLER :
BUYER(“RECIPIENT”) :
History
Product Description Quantity Unit Price Cash Price (Including VAT) Forward Price (Including VAT)