Distance Selling Agreement
ARTICLE 1: PARTIES
Title: Luis Bien LLC
«Address: 725 RIVER ROAD STE 32-220
EDGEWATER , NEW JERSEY 07020″
Phone: +44 7916 644278
E-posta: [email protected]
1.3 PROPERTIES OF THE GOODS
1.4 DELIVERY PRICE OF THE GOODS INCLUDING ALL TAXES
ARTICLE 2: SUBJECT
The subject of this contract covers the rights and obligations of the parties in accordance with the provisions of the Regulation on Procedure and Principle of the Distance Sales Contracts regarding the Consumer Protection Law (numbered 6502), in terms of the sale of the service sold by the SELLER to the BUYER.
ARTICLE 3: DELIVERY OF THE SERVICE AND DELIVERY METHOD
The contract has entered into force after it has been approved by the BUYER electronically and is carried out upon the delivery of the service purchased by the BUYER from the SELLER to the BUYER. The SELLER is obliged to provide the service in line with the BUYER information specified on the website.
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 announced on the website will be covered by them, the delivery cost belongs to the SELLER. Even if the BUYER is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its action completely and completely. For this reason, all kinds of damages arising from the late delivery of the product by the BUYER and the expenses incurred due to the product waiting in the cargo company and / or the return of the cargo to the seller belong to the BUYER. Delivery is made as soon as possible after the stock is available and the product price is transferred to the SELLER’s account. The SELLER delivers the product within 30 (thirty) days from the order and reserves the right to extend the additional 10 (ten) days with written notice within this period. If the contractual product cannot be delivered within the due time due to extraordinary circumstances such as opposition or interruption of transportation, it is obliged to inform the BUYER of the situation. For the delivery of the product subject to the contract, a signed copy of this contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product.
ARTICLE 15: DECLARATIONS AND COMMITMENTS OF BUYER
The BUYER shall control the product subject to the contract before receiving it, if it is deformed, worn, the packaging is torn, etc. will not receive the damaged and defective product from the cargo company. The product is received shall be deemed to be undamaged and intact. The responsibility of carefully protecting the product after delivery belongs to the BUYER. If the right of withdrawal is to be used, the product must not be used, the invoice must be returned. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be returned to the BUYER. The delivery cost of the returned product due to the right of withdrawal is paid by the Seller. In the event that the relevant bank or financial institution fails to pay the product price to the Seller due to the unfair or unlawful use of the BUYER’s credit card by unauthorized persons after the delivery of the product, the BUYER is obliged to send the product to the Seller within 3 (three) days, provided that it has been delivered to him. In this case, shipping costs are the responsibility of the buyer. In addition, the BUYER accepts that the delivery made to the address indicated by the BUYER and to the person present at this address at the time of delivery will be considered as the delivery made to the BUYER.
ARTICLE 6: DECLARATIONS AND COMMITMENS OF SELLER
The seller is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. 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. The seller undertakes that the BUYER has the right to withdraw from the contract by refusing the product within 7 (seven) days from the date of receipt of the product or signing the contract without any legal and criminal liability and without any justification, and to take the product back from the date of receipt of the withdrawal notification to the seller or supplier. The seller returns the product price and valuable papers, if any, within 7 (seven) days after the notification of withdrawal is received. Returns the product within 7 (seven) days. The Seller may, for justified reasons, supply the product with equal quality and price to the BUYER before the performance period in the contract expires. If the seller thinks that the delivery of the product has become impossible, he / she informs the BUYER before the performance period of the contract expires. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. If the BUYER cancels the order, the price paid and the documents, if any, are returned within 7 (seven) days.
ARTICLE 7: INFORMATION ABOUT THE SERVICE SUBJECT TO CONTRACT
The type the product, the amount, the brand / model, the color and the sales price including all taxes are as stated in the information on the promotion page of the product on the website luisbien.uk and in the invoice, which is an integral part of this contract. Seller is not responsible for price update errors due to technical reasons.
ARTICLE 10: The Price Of The Goods Or Services In Advance
The advance price of the goods/service is available in the invoice content sent to the customer with the sample invoice and product that is discarded in order to end mail.
ARTICLE 9: FUTURES PRICE
The price of the goods/service according to the price of the sale is available in the invoice content sent to the customer with the sample invoice and product that is discarded in the order end mail.
ARTICLE 10: DOWN PAYMENT AMOUNT
The down payment amount of the product is available in the invoice content.
ARTICLE 11: PAYMENT PLAN
Due to the fact that the forward sales are made only with the credit cards of the Banks, the BUYER accepts that he will confirm the relevant interest rates and the information about the default interest separately from the bank, and that the provisions regarding the 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, declares and undertakes. In installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the contract 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.
ARTICLE 12: Right Of Withdrawal
The BUYER has the right to withdraw from the contract by rejecting the goods within 7 days from the date of receipt, without taking any legal or criminal responsibility and without giving any reason, in distance contracts regarding the sale of goods. In distance contracts related to service provision, this period starts on the date of signing of the contract. In the contract, if the performance of the service is decided before the expiry of the 7-day period, the consumer can use his right of withdrawal until the date of the performance. The costs arising from the use of the right of withdrawal belong to the other party. Even if the delivery of the goods is made to another person other than the buyer who is a party to the contract, the buyer may use his right of withdrawal.
ARTICLE 13: GOODS OR SERVICES THAT ARE NOT COVERED IN RIGHT OF WITHDRAWAL
The buyer cannot use the right of withdrawal for the goods produced in accordance with the special requests and demands of the buyer or made personal by making changes or additions. In addition, the buyer cannot exercise his right of withdrawal in the case of goods that cannot be returned due to their nature and are likely to deteriorate rapidly or expire.
ARTICLE 14: EVENT OF DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card agreement made with him by the bank and will be liable to 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, in the event that the BUYER defaults due to its debt, the BUYER agrees to pay the damage and loss of the Seller due to the delayed performance of the debt.
ARTICLE 15: AUTHORIZED COURT
In disputes related to this Agreement, the Consumer Problems Arbitration Committees in the BUYER’s settlement is authorized up to the value announced by the Ministry of Industry and Trade every year. The Consumer Courts are authorized for disputes over this value. In case the order is realized, the BUYER is deemed to have accepted all the terms of this Agreement.
ARTICLE 16: VALIDITY
In case the payment for the order placed on the site is realized, the BUYER shall be deemed to have accepted all the terms of this contract. The SELLER is obliged to make software arrangements to ensure that the contract in question cannot be placed on the site without obtaining the confirmation that it has been read and accepted by the BUYER.