Article 1 Parties of the Agreement
SELLER:
Name: Lenidia Dis Ticaret AS
Address: Merkez Mahallesi Seckin Sokak Dap Vadi Z Office Bina No: 2-4/A Office No: 129 Kagithane / İSTANBUL
Phone : +90 212 706 81 41
E-mail:info@lafann.com
BUYER:
Customer :
Address:
Phone Number:
E-mail:
Article 2- Subject Matter of the Agreement
The subject of this contract is the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on the Implementation Principles and Procedures of Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has ordered electronically from the https://www.lafann.com of the SELLER.
Article 3 – Agreement Date
These two copies of the Agreement, which were previously signed by the seller, were accepted by the buyer by signing on ….
Article 4 – Delivery of Goods or Services, Place of Performance of the Agreement and Delivery Method
The goods/services will be delivered to ……. at the address…….. requested by the buyer.
Article 5 – Delivery Costs and Performance
Delivery costs belong to the Buyer. If the seller has declared on the website that the delivery fee of those who shop above the amount declared will be covered by them or that they will deliver free of charge within the scope of the campaign, the delivery cost belongs to the seller. Delivery is done as soon as possible after the stock is available and the cost of the goods is transferred to the seller’s account. The seller delivers the goods/services within 1 (one) to 7 (seven) days from the order of the goods/service and reserves the right to extend an additional 10 (ten) days with written notification within this period. If, for any reason, the cost of goods/services is not paid or canceled in the bank records, the seller is deemed to be relieved of the obligation to deliver the goods/services.
Article 6 – Cash on Delivery Fee
There is no cash on delivery service.
Article 7 – Declarations and Commitments of the Buyer
The Buyer declares that he/she has read the preliminary information uploaded by the Seller regarding the basic features, sales price, and payment method, as well as the delivery and shipping cost of the goods or services that are the subject of the Agreement on the Website and that he/she has given the necessary confirmation electronically. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that he/she has obtained the correct and complete information about the address to be given by the Seller to the Buyer before the conclusion of the distance contracts, the basic features of the ordered Goods/Services, and the price of the Goods/Services including taxes, payment and delivery, delivery price. In the event that the Buyer receives the damaged, broken, torn packaging, etc. damaged and defective Goods/Services from the cargo company without inspecting the Contracted Goods/Services before delivery, the Buyer shall be solely responsible for it. The Goods/Services received by the buyer from the cargo company officer shall be deemed to be undamaged and intact. After the delivery of the Goods/Services, if the relevant bank or financial institution fails to pay the Goods/Service price to the Seller due to the unfair or unlawful use of the Buyer’s credit card by unauthorized persons, not due to the Buyer’s fault, The Buyer is obliged to return the Goods / Services to the Seller within 3 (three) days, provided that it has been delivered to him/her. In this case, the Buyer shall bear the delivery costs. The Buyer accepts and declares that he/she will not hold the Seller responsible for the unpaid products delivered to him/her by the Seller due to the promotion or campaign, and that the product manufacturer is exclusively responsible for all claims.
Article 8 – Declarations and Commitments of the Seller
The seller is responsible for the delivery of the Contracted goods/services intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. If the goods/services subject to the Agreement are to be delivered to another person/organization from the buyer, the seller cannot be held responsible if the person/organization to be delivered does not accept the delivery. The seller returns the cost of goods/services and valuable papers, if any, within 14 (fourteen) days after the notification of withdrawal is received. For justifiable reasons, the seller may supply the buyer with goods/services of equal quality and price before the Contractual performance period expires. If the seller thinks that the performance of the goods / services has become impossible, he notifies the buyer before the performance period of the Agreement expires. The paid price and documents, if any, are returned within 14 (fourteen) days. Defective or defective goods/services from goods/services sold with or without warranty certificate can be sent to the seller for the necessary repair within the terms of warranty, in which case the delivery expenses will be borne by the seller.
Article 9 – Characteristics of the Good or Service Subject to the Agreement
The type and type of goods/service, quantity, brand/model, color and sales price including all taxes are as stated in the invoice, which is considered an integral part of this Agreement.
Article 10 – Cash Price of Goods or Services
The cash price of the goods/services are included in the sample invoice mailed at the end of the order and the invoice sent to the customer together with the product.
Article 11 – Forward Price
The price of the goods/services according to the maturity date is included in the invoice sent to the customer together with the sample invoice sent at the end of the order and the product.
Article-12- Interest
It cannot be more than the interest rate determined by the Government of the Republic of Turkey and in any case 30% each year. The buyer is solely responsible for the bank he/she works with.
Article 13 – Payment Plan
If the buyer makes purchases with a credit card and in installments, the installment form chosen from the site is valid. In installment transactions, the relevant provisions of the Agreement signed between the buyer and the cardholder bank are valid. The credit card payment date is determined by the terms of the Agreement between the bank and the buyer. The buyer can also track the number of installments and payments from the bank statement sent by the bank. The Buyer is solely responsible for the payment receiving bank. There are no installments for cosmetic products.
Article 14 – Right of Withdrawal
The Buyer can return the purchased Goods/Services within 14 (fourteen) days from the delivery date, without taking any legal or penal liability and without giving any reason, by using the right of withdrawal.
In case of exercising the right of withdrawal:
a) The Buyer returns the Goods to the Seller within 10 (ten) days from the use of his right of withdrawal.
b) The box, packaging, standard accessories, if any, to be returned within the scope of the right of withdrawal, and the other products given as a gift together with the Goods must be returned completely and undamaged. When returning the Goods to the Seller, the original invoice submitted to the Buyer during the delivery of the Goods must also be returned by the Buyer. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned.
c) Within 7 (seven) to 15 (fifteen) days following the exercise of the right of withdrawal, the price of the Goods is returned to the Buyer as paid by the Buyer.
As long as the Buyer sends the Goods to be returned to the Seller with the Seller’s Contracted cargo company (Yurtiçi) specified in the preliminary information form, the return shipping cost belongs to the Seller. If the Buyer sends the Goods to be returned with a cargo company other than the Seller’s Contracted cargo company specified in the preliminary information form, the Seller is not responsible for the return shipping cost and the damage that the Good will suffer during the cargo process. If the right of withdrawal is exercised within the period until the delivery of the Goods after the order confirmation is given, the Buyer shall be responsible for the return shipping cost.
Article 15 – Circumstances in which the Right of Withdrawal cannot be exercised
The right of withdrawal can not be used in the following cases:
- a) Agreements for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller,
- b) Agreements regarding the delivery of items specially modified towards the personal requests of the consumer, items by nature is not suitable to return, items with a possibility of expiration or decomposing easily
- c) Agreements for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery, which are not suitable for return in terms of health and hygiene.
- d) Agreements relating to goods that are mixed with other products after delivery and cannot be separated due to their nature,
e) In Agreements regarding books, audio or video recordings, software programs and computer consumables offered in material media, provided that the protective elements such as packaging, tape, seal, package have been opened by the consumer,
f) Agreements for the performance of services related to betting and lottery,
g) Agreements regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal,
h) In contracts regarding services performed instantly in the electronic environment and intangible goods delivered instantly to the consumer, and in case the subject of the contract consists of Goods/Services types that are excluded from the scope of application of the Regulation on Distance Contracts, the right of withdrawal cannot be exercised because the provisions of the Regulation on Distance Contracts cannot be applied to the legal relationship between the Buyer and the Seller.
Article 16 – State of Default and Its Legal Consequences
In the event that the buyer defaults on his credit card transactions, card holder will be responsibleto the bank and will pay interest according to the agreement they have with the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney’s fees to arise from the buyer, and in any case, if the buyer defaults due to his debt, the buyer agrees to pay the seller’s loss and damage due to the delayed performance of the debt.
Article 17 – Settlement of Disputes
In the implementation of this Distance Sales Agreement, Consumer Arbitration Committees and Consumer Courts are authorized up to the value announced by the Ministry of Industry and Trade in the place where the Buyer purchases the Goods or Services and where the residence is located. District/provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in paragraph 1 of Article 68 of the Law on Consumer Protection No. 6502.
Article 18 – Notices and Evidence Agreement
Any correspondence between the parties under this Agreement shall be made via e-mail, except for the mandatory cases listed in the legislation. The Buyer agrees accepts, declares and undertakes that in disputes that may arise from this Agreement, the Seller’s official books and commercial records, electronic information and computer records kept in its own database and servers will constitute binding, definitive and exclusive evidence, and that this article will constitute an evidential Agreement within the meaning of Article 193 of the Code of Civil Procedure.
Article 19 – Invoice and Current Account Transfer Approval to the Merchant
In case the Buyer who creates the order in this Agreement wishes to issue the invoice on behalf of a third company and/or legal entity (including a real person merchant with this phrase), not on his own behalf and account; The Buyer declares that the billing information he/she has given is correct and/or that he/she approves the transfer of the invoice amounts and debt amounts to be issued on behalf of the Buyer in the current account to the current account of the company and/or legal entity declared by the Buyer, and that he/she accepts the debt to be issued in the name of the company/legal entity with the trade name and tax number declared by the Buyer, in accordance with the provisions of the assignment of receivables. The Buyer agrees, irrevocably declares and undertakes to indemnify the responsibilities of the company and/or legal entity for which the invoice information is declared, if the trade name, tax office and number, address information is incorrect and the relevant company/legal person does not accept the debt, and to indemnify the Seller for all material and moral damages arising from this transaction. In this case, since the Buyer is not a consumer, the provisions of the Code of Obligations and the Commercial Code shall apply.
Article 20 – Language Difference
The website www.lafann.com has been prepared in languages other than Turkish. In case of any difference and/or contradiction between the texts in Turkish and other languages, the Turkish text shall prevail.
This Agreement, consisting of 20 (twenty) articles, has been read by the Parties on It was concluded and entered into force on …/…../20 by being approved by the Buyer electronically.