Sales Contract
PRELIMINARY INFORMATION
ARTICLE 1 SELLER INFORMATION
ARTICLE 1.1 – SELLER
Title: *****
Address: KERESTECİLER SİTESİ SAVAŞ CADDESİ ÇINAR SOKAK NO: 30/1 MERTER - İSTANBUL / TURKEY
Phone: *****
Fax: ******
ARTICLE 1.2 - BUYER
The person who becomes a member of the lacarino.com shopping site as a customer. The address and contact information used when becoming a member are taken into account.
ARTICLE 2 FEATURES OF THE PRODUCT SUBJECT TO SALE
The basic features of the goods or services are available at www.lacarino.com. You can examine the basic features of the product during the campaign period.
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. Prices announced for a certain period are valid until the end of the specified period.
The type, quantity, brand/model, color, number, sales price, payment method of the Goods/Product/Service consist of the information at the time the order is finalized.
The shipping fee, which is the product shipping cost, will be paid by the BUYER and is not refundable.
ARTICLE 3 GENERAL PROVISIONS
3.1) The BUYER declares that he/she has read and is informed about the basic characteristics, sales price and payment method of the contractual product and the preliminary information regarding delivery on the *lacarino.com website and has made the necessary confirmation electronically. By confirming this Preliminary Information electronically, the BUYER confirms that he/she has obtained the address that should be given to the BUYER by the SELLER before the conclusion of distance contracts, the basic characteristics of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely.
3.2) The contractual product will be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal 30-day period.
3.3) The SELLER cannot be held responsible for any problems that the cargo company may encounter during the delivery of the product to the BUYER, or for the failure to deliver the ordered product to the BUYER.
3.4) The SELLER is responsible for the delivery of the contractual product in a sound, complete manner, in accordance with the specifications specified in the order, and with warranty documents and user manuals, if any.
3.5) The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.
3.6) If the SELLER cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it shall notify the consumer of this situation before the expiration of the performance obligation arising from the contract and return the total price to the BUYER within 10 days.
3.7) This Preliminary Information Form must be confirmed electronically for the delivery of the product. If the product price is not paid for any reason or is canceled in bank records, the SELLER shall be deemed to have been released from the obligation to deliver the product.
3.8) If the relevant bank or financial institution does not pay the product price to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons not caused by the BUYER's fault after the delivery of the product, the BUYER must return the product to the SELLER within 3 days, provided that it has been delivered to him. In this case, the shipping costs belong to the BUYER. 3.9) If the SELLER cannot deliver the product subject to the contract within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation, the BUYER is obliged to notify the BUYER. In this case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the product subject to the contract with a similar one, if any, and/or postponement of the delivery period until the elimination of the preventing situation. If the BUYER cancels the order, the amount paid shall be paid to the BUYER in cash and in a lump sum within 10 days. In payments made by the BUYER with a credit card, the product amount shall be returned to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount to the BUYER's accounts after the refund to the bank is completely related to the bank transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank.
ARTICLE 4 RIGHT OF WITHDRAWAL
The BUYER; in distance contracts related to the sale of goods, may exercise the right of withdrawal from the contract by rejecting the goods without assuming any legal or criminal liability and without giving any reason within 14 (fourteen) days from the date of delivery of the product (Except for Concert and Event Tickets) to him/her or to the person/institution at the address he/she indicated. In distance contracts related to the provision of services, this period begins on the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where the performance of the service is started with the consumer's approval before the right of withdrawal period ends. Expenses arising from the exercise of the right of withdrawal belong to the SELLER.
In order to exercise the right of withdrawal, written notification must be made to the SELLER by registered mail, fax or e-mail within 14 days and the product must not have been used within the framework of the provisions of Article 5. In case of exercise of this right,
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 together with the return invoice issued by the institution when returning it. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a 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 in debt to the BUYER within 10 days from the date of receipt of the withdrawal notice and to receive the goods back within 20 days.
e) If the value of the goods decreases due to a reason arising from the BUYER's fault or if return becomes impossible, the BUYER is obliged to compensate the SELLER's damages to the extent of his/her fault.
f) If the campaign limit amount set by the SELLER falls below due to the use of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled.
g) The shipping fee paid when returning the product returned due to the right of withdrawal to the seller will be covered by the SELLER for domestic orders and by the BUYER for international orders.
h) The SELLER does not refund the shipping fee collected from the BUYER when selling the product.
ARTICLE 5 PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
It is not possible to return goods that are prepared in accordance with the BUYER's requests or clearly in line with his personal needs, that are not suitable for return due to their nature and that are at risk of rapid deterioration or have a possible expiration date, and sound or image recordings, software programs and computer consumables, provided that their packaging has been opened by the BUYER, as per the Regulation.
In the implementation of this Preliminary Information, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and where he resides are authorized up to the value declared by the Ministry of Industry and Trade.
The SELLER may apply for complaints and objections to the consumer problems arbitration committee or consumer court in the place where the BUYER purchased the goods or services or where he resides, within the monetary limits determined by the Ministry of Industry and Trade of the Republic of Turkey in December of each year. The information regarding the monetary limit is as follows:
To be valid as of 1/1/2012:
a) The upper monetary limit regarding the binding nature of the decisions of the arbitration committees for consumer problems in the 5th and 6th paragraphs of the amended 22nd article of the Law No. 4077 on the Protection of Consumers or the lower monetary limit regarding the evidence in consumer courts is 1,161.67 TL,
b) The lower monetary limit regarding the duty and authority of the provincial arbitration committees operating in the provinces with metropolitan status to hear the disputes in the third paragraph of the 5th article of the Regulation on Arbitration Committees for Consumer Problems published in the Official Gazette dated 1/8/2003 and numbered 25186 is 3,032.65 TL.
This Preliminary Information is provided for commercial purposes.
DISTANCE SALES CONTRACT
ARTICLE 1 – PARTIES
1.1 – SELLER
Title: ******
Address: KERESTECİLER SİTESİ SAVAŞ CADDESİ ÇINAR SOKAK NO: 30/1 MERTER / İSTANBUL / TURKEY
Phone: ****
Fax: ****
E-mail address: *****
1.2 – BUYER
The person who becomes a member of the *lacarino.com shopping site as a customer.
The address and contact information used when becoming a member are taken into account.
ARTICLE 2 – SUBJECT
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the SELLER's www.lacarino.com website.
ARTICLE 3 – PRODUCT SUBJECT TO CONTRACT
The type, quantity, brand/model, color, number, sales price, payment method of the Goods/Product/Service consist of the information at the time the order is finalized
ARTICLE 4 – GENERAL PROVISIONS
4.1 BUYER declares that he/she has read and is informed about the preliminary information regarding the basic characteristics of the contractual product on the lacarino.com website, the sales price including all taxes and payment method, delivery and that the expenses thereof will be covered by the BUYER, the period in which the delivery will be made and the full commercial title, full address and contact information of the SELLER and has made the necessary confirmation electronically.
By confirming this contract electronically, BUYER confirms that he/she has obtained the address to be given to the Consumer by the Seller before the conclusion of distance contracts, the basic features of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely.
4.2 The product subject to the contract shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal 30-day period for each product. All kinds of cargo fees related to the delivery indicated in Article 3 shall be covered by the BUYER and shall be reflected in the invoice for the order under the name of "Shipping Fee".
4.3 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 for the person/organization to whom the delivery will be made not accepting the delivery.
4.4 The SELLER cannot be held responsible for any problems that the cargo company may encounter during the delivery of the product to the BUYER, or for the failure to deliver the ordered product to the BUYER.
4.5 The SELLER is responsible for the delivery of the product subject to the contract in a sound, complete manner, in accordance with the specifications specified in the order and with the warranty documents and user manuals, if any.
4.6 The SELLER may supply the BUYER with a different product of equal quality and price before the expiration of the contractual performance obligation, provided that it has a justified reason.
4.7 If the SELLER cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it shall notify the consumer of this situation before the expiration of the contractual performance obligation and may supply the BUYER with a different product of equal quality and price.
4.8 In order for the delivery of the contractual product, it is mandatory that the signed copy of this contract be delivered to the SELLER and the price be paid with the payment method preferred by the BUYER. If the product price is not paid for any reason or is canceled in the bank records, the SELLER is deemed to be relieved of the obligation to deliver the product.
4.9 The BUYER accepts and undertakes that the credit card information he/she defined in the system during shopping is correct and that he/she is responsible for all legal and criminal liabilities arising from the use of this credit card. If the relevant bank or financial institution does not pay the product price to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons not caused by the BUYER's fault after the delivery of the product, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs belong to the BUYER. If the BUYER does not send the product back, in the event that the product price is not charged to the credit card for any reason or the product price is returned to the credit card, the product price will be transferred to the SELLER's bank account without any need for notice.
4.10 If the SELLER cannot deliver the product subject to the contract within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation, it is obliged to notify the BUYER. In this case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the product subject to the contract with a similar one, if any, and/or postponement of the delivery period until the preventing situation is eliminated. If the BUYER cancels the order, the amount paid by the BUYER will be paid to the BUYER in cash and in a single transaction within 10 days.
4.11 The points given to the customer by the SELLER through a campaign are only valid for one purchase. These points will not be refunded even if the product is returned.
In payments made by the BUYER via credit card, the product amount will be returned to the relevant bank within 7 days after the order is cancelled by the BUYER. Since the reflection of this amount to the BUYER's accounts after the return to the bank is completely related to the bank transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank.
ARTICLE 5 - RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within 14 days from the delivery of the product subject to the contract to him/her or to the person/institution at the address he/she indicates, without having to give any reason.
However, the return of the product cannot be taken for products specially prepared for the BUYER for certain days such as New Year's, religious holidays, official holidays, Mother's Day, Father's Day, campaign and promotional products; the BUYER accepts these conditions and makes his/her purchase.
In order to exercise the right of withdrawal, it is required to notify the SELLER by fax or e-mail within 14 days and the product must not have been used within the framework of the provisions of Article 6. In case of exercise of this right,
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 together with the return invoice issued by the institution when returning. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) Products to be returned within 14 days must be delivered complete and undamaged together with their box, packaging, and standard accessories, if any. The product price will be refunded to the BUYER within 10 days following the receipt of these documents by the SELLER.
The shipping cost of the product returned due to the right of withdrawal will be covered by the SELLER for domestic orders and by the BUYER for international orders. The SELLER does not refund the shipping fee collected from the BUYER when selling the product.
When returning the product to the SELLER, the original invoice presented to the BUYER during the delivery of the product must also be returned (in order to ensure consistency in our accounting records). If the invoice is not sent to the SELLER together with the product or at the latest within 5 days from the date of delivery of the product, the return process will not be carried out and the product will be sent back to the BUYER in the same manner with a cash payment. The phrase “return invoice” will be written on the invoice to be returned with the product and will be signed by the BUYER.
ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Due to their nature; single-use products, copyable software and programs, products that deteriorate quickly or whose expiration date is likely to pass are not accepted for return.
ARTICLE 7 – DEBTOR’S DEFAULT
In the event of BUYER’s default, the BUYER agrees to pay the SELLER’s damages and losses incurred due to the delayed performance of the debt. In cases where the BUYER's default is due to the SELLER's fault, the BUYER will not be obliged to cover any claims for damages or losses.
ARTICLE 8 – AUTHORIZED COURT
In the implementation of this Preliminary Information, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and where he/she resides are authorized up to the value declared by the Ministry of Industry and Trade.
The SELLER may apply for complaints and objections to the consumer problems arbitration committee or consumer court in the place where he/she purchased the goods or services or where he/she resides, within the monetary limits determined by the Ministry of Industry and Trade of the Republic of Turkey every December. Information regarding the monetary limit is as follows:
To be valid as of 28/05/2014;
a) According to Article 68 of the Law No. 6502 on the Protection of Consumers, it is mandatory to apply to district consumer arbitration committees for disputes with a value below two thousand Turkish Liras, to provincial consumer arbitration committees for disputes with a value below three thousand Turkish Liras, and to provincial consumer arbitration committees for disputes between two thousand Turkish Liras and three thousand Turkish Liras in provinces with metropolitan status. Applications cannot be made to consumer arbitration committees for disputes above these values.
b) In disputes above the specified value, application must be made to the Consumer Court, and in places where there is no Consumer Court, application must be made to the Civil Courts of First Instance as Consumer Courts.
This preliminary information is provided for commercial purposes.
Please Note: Before signing the cargo report, please check whether your cargo package is damaged due to transportation. If your cargo package is damaged for any reason, return your cargo to the cargo officer for a report to be drawn up without signing any documents related to the delivery. Your new products will be sent to you immediately by us. If products with damaged cargo packages are received, lacarino.com is not responsible for the damage or missing products inside.
15. All of these terms and conditions are subject to Turkish Law.