DISTANCE SALES AGREEMENT
SELLER: Lampader (LAMPADER TASARIM ATÖLYESİ AYDINLATMA SANANYİ
VE TİCARET LTD. ŞTİ.)
This Agreement is signed by the BUYER of the following
products/services (“Product/Products”) that the BUYER (Consumer) wishes to
purchase by placing an order on the SELLER's www.eksimaya.com.tr electronic
commerce website (“INTERNET SITE”). regulates the rights and obligations of the
parties regarding the sale-delivery and other matters. After the BUYER approves
this Agreement on the WEBSITE, the price and expenses of the Product(s) ordered
are collected with the payment method he/she chooses.
Article 1 – PARTIES
SALES PERSON:
Title:
Lampader (LAMPADER TASARIM ATÖLYESİ AYDINLATMA SANANYİ VE
TİCARET LTD. ŞTİ.)
Address:
Yukari Dudullu Mah Necip Fazil Blv. Keyap St. F1 Block
No:44/95 Umraniye / Istanbul / Turkey
Telephone:
05325797544
Email:
info@lampader.com
Bank account:
LAMPADER TASARIM ATÖLYESİ AYDINLATMA SANAYİ VE TİCARET LTD.
ŞTİ.
Iban No: TR460003200000000109153775
BUYER (CONSUMER):
Name, Surname/Title:
…………………………………………………………………….
Address:
……………………………………………………………………..
Telephone:
…………………………………………………………………….
Email:
…………………………………………………………
Article 2: CONTRACTUAL PRODUCT, PRICE, PAYMENT AND DELIVERY
The Type and Type, Quantity, Brand/Model/Color, Unit
Price(s) and Sale Price of the Products (goods/services) and Delivery
Information including the Payment (collection) Information and the place of
delivery notified by the BUYER are as follows. If the courier company that will
make the delivery does not have a branch in the BUYER's location, the BUYER
must receive it from another nearby branch to be notified by the SELLER
(Necessary information will be provided to the BUYER by e-mail/mail, SMS or
telephone). Other issues related to delivery are specified in Article 7 of the
Contract below.
PRODUCT:
UNIT PRICE:
NUMBER:
TOTAL:
………………… USD
Order processing and shipping fees
…,…. USD
PAYMENT TOTAL
…,…. USD
DELIVERY INFORMATION:
Name, Surname/Title:
……………………………………….
Address:
………………………………………..
Telephone:
………………………………
Email:
……………………….
BILLING INFORMATION:
Name, Surname/Title:
………………………..
Address:
………………………..
Telephone:
…………………………
Email:
…………………………
Article 3- ISSUES THAT THE BUYER WAS INFORMED BEFORE
The BUYER confirms that he has been informed about the
following issues by seeing and examining all the general-specific explanations
on the relevant pages-sections of the WEBSITE, before the BUYER accepts this
Agreement on the INTERNET SITE and is under the obligation to order and pay.
— The title and contact information of the SELLER, as well
as up-to-date introductory information,
— Appropriate tools-methods regarding the stages of the
sales process and the correction of incorrectly entered information during the
purchase of the product(s) from the WEBSITE,
— Electronic contact information of the Chamber of Commerce
(ITO- Istanbul Chamber of Commerce) to which the SELLER is a member, and the
rules of conduct stipulated by the ATO regarding the profession (Telephone: 444
0 486, www.ito.org.tr)
— Confidentiality, data usage-processing and electronic
communication rules applied to the BUYER's information applied by the SELLER,
and the permissions given by the BUYER to the SELLER in these matters, the
legal rights of the BUYER, the rights of the SELLER and the procedures for
using the rights of the parties,
— Shipping restrictions stipulated by the SELLER for the
products,
— The payment method-means accepted by the SELLER for the
product(s) subject to the contract, the basic features-qualities of the
Products, the total price including taxes (the total price to be paid by the
BUYER to the SELLER, including the related expenses),
— Information on the methods of delivery of the Products to
the BUYER and the shipping-delivery-cargo costs,
— Other payment/collection and delivery information
regarding the products and information regarding the performance of the
Contract, the undertakings-responsibilities of the parties in these matters,
— Products and other goods and services that the BUYER does
not have the right of withdrawal,
— In cases where the BUYER has the right of withdrawal, the
terms, duration and procedure of using this right, and if the right is not used
within the period, the BUYER will lose its right of withdrawal,
— In the Products with the right of withdrawal, the BUYER's
request for withdrawal may not be accepted and the SELLER will be liable in any
case, in case the Product is broken or changed due to not being used in
accordance with the instructions for use, normal functioning or technical specifications
within the withdrawal period, the SELLER accepts. may collect an amount that
he/she deems appropriate according to the said disorder or change, by deduction
(offset) from the repayment to be made to the BUYER,
— In cases where there is a right of withdrawal (in other
relevant cases), how to return the Products to the SELLER and all related
financial issues (return ways, cost and return of the Product price and reward
points earned/used by the BUYER during the return, gift certificates, free
products and provided including discounts and deductions that can be made for
other free/discounted opportunities),
— If the BUYER is a legal person, he/she cannot use the
"consumer rights", especially the right of withdrawal, for the
Products purchased for commercial or professional purposes (for example, bulk
purchases are deemed to be of this nature in any case),
— According to its nature, all other sales conditions
included in this Agreement and this Agreement can be stored and accessed for
the period requested by the BUYER, since it is sent to the BUYER by e-mail
after the BUYER has approved and established it on the WEBSITE, and the SELLER
has a period of three years. that he can keep,
— Transaction-practices about privacy, personal data and
electronic commercial communications,
— In case of dispute, the BUYER can submit his/her
complaints to the SELLER with the contact information and legal applications to
the District/Provincial Arbitration Committees and Consumer Courts in
accordance with the relevant provisions of the Law No. 6502
Article 4- RIGHT OF WITHDRAWAL
According to the legislation, the Consumer has the right to
withdraw from the order-Contract within fourteen (14) days from the date of
receipt of the Product, without giving any reason and without paying any
penalty. However, as stated in subparagraph (c) of Article 15 titled
“Exceptions to the Right of Withdrawal” of the Regulation on Distance Contracts
No. 29188 and other relevant legislation, in contracts related to perishable
goods such as foodstuffs sold by us or whose expiration date may exceed, even
if they are not used/used. There is no legal right of withdrawal. Due to the
field of activity of our company, since only food items are sold in distance
sales within our company, the consumer does not have the legal right to
withdraw from the sales of our company. Although we have specifically mentioned
item (c) because it constitutes the sales of our company, there is no legal
right of withdrawal for the following sales except for item (c);
a) Contracts 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 or supplier.
b) Contracts for goods prepared in line with the wishes or
personal needs of the consumer. (including those that are customized for the
person/personal needs by making changes/additions, and special products
imported/supplied from the country or abroad based on the BUYER's order)
c) Contracts for the delivery of perishable or expired goods.
(Like foodstuffs.)
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 books, digital content and computer
consumables offered in material environment, if protective elements such as
packaging, tape, seal, package have been opened after the delivery of the
goods.
f) Contracts for the delivery of periodicals such as
newspapers and magazines, excluding those provided under the subscription
contract.
g) 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.
ğ) Contracts regarding services performed instantly in the
electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services that are started to be
performed with the approval of the consumer, before the expiry of the right of
withdrawal.
ı) Other goods and services that are generally considered
outside the scope of distance sales in accordance with the relevant
legislation, and cases where the Buyer makes purchases for
commercial/professional purposes.
In cases where there is a right of withdrawal by law, the
Consumer is responsible for changes and deteriorations that occur because the
goods are not used in accordance with its operation, technical features and
instructions for use within the withdrawal period, and for this reason, the
Consumer may lose his right to withdraw from the Product, or if we voluntarily
accept it, from the price of the Product. We have the right to discount up to
change / deterioration. Accordingly, if there is a change or deterioration due
to the fact that the Product is not used in accordance with the instructions
for use, technical specifications and operation until the withdrawal date, the
BUYER may lose its right of withdrawal; In cases where it is accepted by the
SELLER, a discount is made from the price of the product to be returned, up to
the change / deterioration.
Clear notice of withdrawal can be made to our contact
addresses by means of letters, e-mails, telephones. As mentioned in detail
above, our Company's sales are only on food products, so there is no legal
right of withdrawal for purchased products. However, if our Company provides
the sales service of a product within the scope of the right of withdrawal in
the future, you can use the right of withdrawal. For this reason, before using
this right, you can contact us from our contact addresses and find out whether
the relevant product is within the scope of the right of withdrawal. If the
product sold is within the scope of the right of withdrawal and this right is
exercised, in addition to the aforementioned notification, the copy of the
cargo delivery report indicating that the Product was sent to us and the
original invoice (in accordance with the tax legislation) will be returned, a
return invoice will be issued for the product returns whose invoice is issued
on behalf of the institutions. The products must be delivered to us complete
and undamaged, together with their box, packaging, and standard accessories, if
any.
In cases where the right of withdrawal is not foreseen by
law, the right of withdrawal cannot be benefited from, and in cases where this
right is not used duly or on time, the consumer loses the right of withdrawal.
Provided that the above-mentioned requirements are fulfilled
by the Consumer on time and duly, the Product price and the delivery costs of
the Product, if any, are returned to the Consumer within 14 days from the date
of receipt of the withdrawal notice to our Company, in accordance with the
payment instrument used when purchasing the Product. However, in cases where
the right of withdrawal is used for all of the ordered products and for some of
them (used by the consumer), our Company's free shipping (delivery) campaign
and/or discount campaign (free of charge, in other words, receiving a gift
product) is in this sense. In the event that the minimum amount is lowered, the
entire amount of uncollected delivery-cargo and discount (as well as the cost
of the free product) is deducted from the amount to be returned to the Consumer
(in cases where the delivery-cargo fee is collected, this fee is not deducted).
returned with a copy); A (virtual/physical) gift voucher, etc., which the
consumer has earned as a result of his shopping. if any, all of them are
canceled, (virtual/physical) gift voucher etc. if any, the entire amount of
this will be deducted from the amount to be refunded and taken back. In cases
where there is a right of withdrawal, it is sufficient for the BUYER to have
sent a clear notification to the SELLER (verbally/written to the
above-mentioned contact addresses) within the legal 14-day period, stating that
the BUYER has exercised its right of withdrawal. In case the said right is
exercised within the time limit, it is obligatory to send the Product to the
above address of the SELLER within a maximum of ten (10) days, at the BUYER's
expense. In this return process, the product must be delivered complete and
undamaged with its box, packaging and standard accessories, if any. In
addition, as per the tax legislation, in addition to the cases where a Return
Invoice must be issued by the BUYER by law, the following section regarding the
return will be filled in and signed on the invoice to be returned with the
Product. Order returns whose invoices are issued on behalf of institutions
(legal entities) will not be accepted unless a Return Invoice is issued).
The same applies in all other cases where it is the subject
of it. Our company, again in accordance with the law, in cases of withdrawal
and other order-contract cancellations, discounts etc. earned by the Consumer
on the WEBSITE and / or in the payment of the product price. Contractual and
legal right-obligations, including the right of collection-deduction for the
monetary values of all kinds of prize points etc. used for this purpose, are
also available and reserved. The BUYER's legal rights and obligations after the
withdrawal period regarding the Products, and the SELLER's contractual and
legal rights and obligations from the BUYER, including those related to award
points, gift certificates and free facilities, are also available and valid.
ARTICLE 5 – RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION,
ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INTELLECTUAL RIGHTS
Confidentiality rules-policy and conditions, the current
principles of which are stated below, are valid for the protection,
confidentiality, processing-use of information, communications and other issues
on the INTERNET SITE.
The necessary measures for the security of the information
and transactions entered by the BUYER on the WEBSITE have been taken in the
system infrastructure of the SELLER, within the scope of today's technical
possibilities according to the nature of the information and transaction.
However, since the said information is entered from the BUYER's device, it is
the BUYER's responsibility to take the necessary precautions, including those
related to viruses and similar harmful applications, so that they are protected
by the BUYER and cannot be accessed by unrelated persons.
In addition to the consent-approvals regarding the personal
data and commercial electronic communications provided by the BUYER in any
other way, and confirming; Providing various products/services and all kinds of
information by the SELLER, its current and future affiliates, subsidiaries,
partners, business partners, suppliers, successors and/or third
parties/organizations to be determined by them. For electronic and other
commercial-social communications to be made for advertising-promotion,
communication, promotion, sales, marketing, store card, credit card and
membership applications, it can be recorded indefinitely or for a period to be
determined by the specified ones and their successors, and stored in
printed/magnetic archives. can be updated, shared, transferred, transferred,
used and processed in other ways when deemed necessary. These data can also be
forwarded to the relevant authorities and courts when required by law. The
BUYER consents and gives permission for the use, sharing, processing of
existing and new information, personal and non-personal, in accordance with the
legislation on the protection of personal data and electronic commerce
legislation, and to make commercial and non-commercial electronic
communications and other communications.
The BUYER can always stop the communication by reaching the
SELLER through the specified communication channels and/or by reaching the same
channels or by using the right of refusal in the electronic communications sent
to him. According to the clear notification of the BUYER on this matter,
personal data transactions and/or communications to the party are stopped
within the legal maximum period; In addition, if he wishes, his information,
other than what is legally required and/or possible, is deleted from the data
recording system or anonymized in an anonymous way. If the BUYER wishes, he/she
may object to the emergence of a result against him/her by means of transactions
related to the processing of his/her personal data, the persons to which it is
transferred, correction in case of incomplete or incorrect information,
notification of the corrected information to the relevant third parties,
deletion or destruction of the data, analysis with automatic systems, You can
always apply to the SELLER through the above communication channels and get
information on issues such as the elimination of damage in case of damage due
to the processing of the SELLER. Applications and requests in these matters
will be fulfilled within the legal maximum period or may not be accepted by
explaining the legal reason to the party.
Regarding all kinds of information and content of the
WEBSITE and their arrangement, revision and partial/complete use; Except for
those belonging to other third parties according to the SELLER's agreement; All
intellectual and industrial rights and property rights belong to the SELLER.
The SELLER reserves the right to make any changes it deems
necessary on the above issues; These changes become effective as soon as they
are announced by the SELLER on the WEBSITE or by other appropriate methods.
On other sites accessed from the INTERNET SITE, their own
privacy-security policies and terms of use are valid, the SELLER is not
responsible for any conflicts that may arise and their negative consequences.
Article 6- GENERAL PROVISIONS
The product subject to the contract is delivered to the
BUYER or to the third person/organization at the address indicated on the
WEBSITE, provided that the legal 30-day period is not exceeded, on the
principles specified below. In the event that the cargo company does not have a
branch at the location of the BUYER, the BUYER must receive the Product from
another nearby branch of the cargo company notified by the SELLER.
The ordered products (breads and other food products) are
freshly prepared according to the order and these products are delivered to the
cargo within three (3) working days at the latest from the order date. All the
Products subject to the order are given to the cargo company to be delivered to
the person and address specified by the CONSUMER during the order. Cargo
Companies deliver the shipments received from the SELLER to the BUYERS within
an average of 2 (two) working days under normal conditions, depending on their
distance.
In general and unless expressly stated otherwise, the
delivery costs (shipping fee, etc.) belong to the BUYER. The SELLER may not
reflect all or a part of the delivery costs in question to the BUYER, depending
on the campaigns it carries out at the time of sale and announced the
conditions on the WEBSITE. In cases where the right of withdrawal is used for
all of the products subject to the order and for some of them (used by the
BUYER), in case the SELLER free shipping (delivery) campaign is below the
minimum shopping amount, the entire uncollected delivery-cargo cost within the
scope of the campaign will be returned to the BUYER. It is collected by
deducting from the amount (in cases where the BUYER pays the delivery-cargo
fee, this fee is refunded).
Likewise, in all cases where the BUYER receives a discount
or free (gift) product of the same nature as a minimum amount of shopping in
any SELLER campaign, and in all cases where he wins/uses a gift card, the right
of withdrawal is exercised for all or a part of the products in question. If
the minimum price in question has been lowered or the condition for
earning/using a gift voucher has been eliminated in any way, so in general
terms, if the terms of benefiting from the campaign / the conditions for
earning or using a gift voucher have been broken by the BUYER, the entire
discount (if any, as well as the gift product price) It is collected by
deducting from the amount to be returned to the BUYER; If the BUYER has won a
(virtual/physical) gift voucher due to his shopping, this check will be
cancelled.
These provisions apply in all cases where the right of
withdrawal is exercised, as well as in all other cases where product returns
are in question, excluding defective products.
In the event that the BUYER is not personally present at the
address at the time of delivery of the products and the persons at the address
do not accept the delivery, the SELLER shall be deemed to have fulfilled its
obligation in this regard. In case there is no one to take delivery at the
address, it is the BUYER's responsibility to follow up the shipment of the products
by contacting the cargo company. If the product 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 is not present at the address or
does not accept the delivery.
In these cases, any damages arising from the late delivery
of the Product by the BUYER and the expenses incurred due to the fact that the
Product has been waiting in the cargo company and/or the cargo is returned to
the SELLER shall also belong to the BUYER.
The BUYER is responsible for checking the Product as soon as
it is received and when he sees a problem in the Product caused by the cargo,
not accepting the Product and keeping a report to the Cargo company official.
Otherwise, the SELLER will not accept responsibility.
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 not 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 or demands a refund of the price paid, the
price of the Product shall be returned to the SELLER by the Consumer within 3
days at the latest. All other contractual-legal rights of the SELLER, including
tracking the product price receivable, are reserved separately and in any case.
In order to avoid any hesitation; The BUYER's sales price is
paid by the credit card, installment card etc. owned by banks (including
financing institutions). In cases where the card is paid with, all the
facilities provided by these cards are credit and/or installment payment
opportunities provided directly by the card issuer; Product sales realized
within this framework and for which the SELLER collects the price all at once
or step by step, are not sales on credit or installments for the parties of
this Agreement, they are cash sales. The legal rights of the SELLER in cases
deemed to be sales in installments by law (including the right to terminate the
contract in case the installments are not paid and/or demand the payment of the
entire remaining debt together with the default interest) are available and
reserved within the framework of the relevant legislation. In case of default
of the BUYER, monthly default interest is applied as stipulated by the
applicable laws.
If the product cannot be delivered within the legal maximum
30 days due to extraordinary situations (such as weather opposition, heavy
traffic, earthquake, flood, fire) 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.
If it is understood that the SELLER cannot supply the
Product subject to the Contract, within three (3) days from the date of
learning of this situation, on the condition of informing the BUYER in
accordance with the law and obtaining his verbal / written approval, another
good / service with equal quality-price is procured. and it shall be deemed to
have fulfilled its contractual commitment in this way. The BUYER is free in all
respects whether or not to give the said consent, and in cases where he does
not give consent, the contractual-legal provisions regarding the cancellation
of the order (Contract termination).
In order cancellations and contract terminations, including
contract-lawful withdrawals, if the Product price has been collected, it is
returned to the BUYER within a maximum of 14 days. The requirements of the
following rule are reserved. The refund is made in accordance with the payment
instrument used by the BUYER in the payment of the Product price to the SELLER.
For example, in credit card payments, the refund is made by way of a refund to
the BUYER's credit card, and the Product amount is returned to the relevant
bank within the same period after the order is canceled by the BUYER; Since the
reflection of this amount to the BUYER's accounts after the refund of this
amount 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 and take responsibility for possible delays (banks usually take three
weeks to reflect the refund to the BUYER account. ).
The SELLER has and reserves the right to set off, discount
and deductible for the price to be refunded, arising from this Agreement and
the law. The BUYER's legal rights regarding the cases where the Contract is
terminated by the BUYER due to the SELLER's non-performance are also reserved
and available.
The BUYER may notify the SELLER, verbally or in writing,
about his requests and complaints regarding the Product and sale, by reaching
the SELLER communication channels in the preamble of the Contract.
The BUYER can always access and review the aforementioned
Information and this Agreement, by saving and storing the aforementioned e-mail
on his device, since they are sent to the e-mail address that he declared after
acceptance. On the other hand, it is kept for three years in the systems owned
by the SELLER.
SELLER records (including records in magnetic media such as
computer-sound recordings) constitute evidence in the resolution of any
disputes that may arise from this Agreement and/or its implementation; The
rights of the parties arising from the relevant mandatory legal regulations are
valid and reserved.
Article 7- LEGAL REMEDIES OF THE BUYER - AUTHORIZED
JURISDICTIONS
In disputes that may arise from this Agreement, Provincial
and District Consumer Arbitration Committees are authorized within the monetary
limits determined-announced every year by the Ministry of Customs and Trade,
and Consumer Courts in cases exceeding these limits. In this context, the BUYER
may apply to the Arbitration Committees and Consumer Courts in the place of
residence (residence) of the BUYER or, if he wishes, of the SELLER.
The BUYER has read all the conditions and explanations
written in this Contract and in the order-contract pre-notifications (INTERNET
SITE), which form an integral part, the main feature-attributes of the Product/Products
subject to sale, sales price, payment method, delivery conditions, SELLER. and
all other preliminary information about the Product subject to sale, including
the right of withdrawal, personal information, electronic communication and
award points, all matters written in Article 3 of this Agreement, that he has
seen all of them electronically on the WEBSITE, and again, by giving
confirmation-approval-acceptance-permission to all these in electronic
environment, he accepts and declares that he accepts the provisions of this
Agreement by ordering the Product.