LuisBien Distance Sales Contract
LuisBien Distance Sales Contract
Article 1: PARTIES
Name: LB İç ve Dış Ticaret Kozmetik A.Ş.
Adress : Eğitim Mahallesi Muratpaşa Cad.
Nurtaş İş Merkezi Apt. No: 1 /1/28
Kadıköy / İstanbul
Telephone: (0212) 912 28 28
Email: [email protected]
1.3 PRODUCT SPECIFICATIONS:
1.4 TOTAL PRICE OF GOOD INCLUDING TAX AND CUSTOMS
Article 2: SUBJECT
The subject of this contract is that the BUYER has made electronic order from the website www.luisbien.uk / of SELLER, the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Principles and Procedures for the Implementation of Distant Contracts with regard to the sale and delivery of the products with price. PURCHASER, basic characteristics of the products subject to sale, sales price, payment method, delivery conditions etc. that it has information about all the preliminary information and right of withdrawal related to the product subject to sale, confirms these preliminary information in electronic environment and orders product afterwards. The preliminary information and invoice at www.luisbien.uk / is an integral part of this contract. Upon placing an order, the PURCHASER shall be deemed to have accepted all the terms of this contract.
Article 3: PRODUCT DELIVERY, PLACE OF CONTRACT AND DELIVERY TERMS
Article 4: DELIVERY COSTS AND PAYMENT
The delivery costs belong to the BUYER. If the seller declares that the delivery price is included in the product price / in her own website, the cost of delivery belongs to the SELLER. In the event that the BUYER is not at the address mentioned by the BUYER himself at the time of delivery, the SELLER shall be deemed to have fulfilled the performance fully and completely. For this reason, BUYER also owns the costs incurred due to the fact that the BUYER has waited in the cargo company for any damage caused by the late delivery of the product and / or the return of the cargo to the seller. The delivery is made as soon as possible after the stock is available and the price of the product is transferred to the account of the SELLER. The SELLER will deliver the product within 30 (thirty) days from the date of order, and reserve the right to extend the additional 10 (ten) days by written notice during this period. PROPERTY, stock depletion and similar commercial impossibility, unexpected circumstances, force majeure, the opposition is obliged to report the situation to the RECIPIENT if it can not deliver within the term of the contractual matter with the cause of the extraordinary circumstances such as the interruption of the transportation. A signed copy of this contract must be delivered to the SELLER for the delivery of the contract product and the price must be paid in the form of payment preferred by the SELLER. If for any reason the product is not paid for or is canceled in bank records, the SELLER shall be deemed to be free from the obligation to deliver the product.
Article 5: COMMITMENTS AND DECLARATIONS OF THE BUYER
The BUYER should check the package at the sight of delivery if any deformed, worn, torn package, etc. exists before handing the product. Damaged and defective product will not be taken from the cargo company. The product which is delivered to the BUYER shall be deemed to be undamaged and intact. After delivery, the product must be carefully protected. If the right of withdrawal should be used, the product should not be used, the invoice must be returned. If the invoice is not originally sent, you can not refund VAT and other legal obligations, if any. The product returned with the reason for withdrawal shall be covered by the Seller with the delivery price. If the bank or the financial institution can not pay the price of the product to the seller for the reason that the credit card belonging to the customer is used unauthorizedly or illegally to unauthorized persons unreasonably due to the defect of the BUYER, the customer is obliged to send the product to the Supplier within 3 (three) days. In this case, shipping costs are the responsibility of the buyer. In addition, the BUYER agrees that the delivery made by the SELLER to the ADDRESS given by the BUYER and the delivery is made to the person existing in the ADDRESS mentioned by the BUYER then the delivery to this address shall be counted as DELIVERED.
Article 6: COMMITMENTS AND DECLARATIONS OF THE SELLER
The seller is responsible for ensuring that the contractual product is complete, in accordance with the specifications specified in the order and delivered with warranty documents and manuals, if any. If the contractual item is to be delivered to another person / organization, the seller can not be held responsible for the rejection of delivery by the delivery person / organization. The seller undertakes to withdraw the product from the date of receipt of the notice of withdrawal from the vendor or supplier, without any legal and criminal liability and without any justification, or the right to withdraw from the contract within 7 (seven) days from the date on which the contract is signed. The seller shall return the cost of the product, if any, in 7 (seven) days after receipt of the cancellation declaration. The product will be returned within 7 (seven) days. The seller may, for good reason, supply the product at equal quality and price, without expiration of the contractual performance. If the seller believes that the delivery of the product is impossible, the buyer will notify the BUYER before the due date. In this case, the PURCHASER may use the cancellation of the order, the replacement of the contractual product with a precedent, and / or the postponement of the delivery period until the obtrusive condition ceases to exist. In the event that the Purchaser cancels the order, the paid price and documents will be returned within 7 (seven) days.
Article 7: PROPERTIES OF THE PRODUCT SUBJECT TO THE CONTRACT
The information contained in the product introduction page of the product type, quantity, brand / model, color and all taxes included in the product www.luisbien.uk and is considered to be an integral part of this contract as indicated on the bill. Seller is not responsible for price update errors due to technical reasons.
Article 8: CASH PRICE OF THE PRODUCT
Cash price of the product is included in the invoice.
Article 9: FORWARD PRICE
Products forward price according to the sales agreement is included in the invoice.
Article 1O: DOWN PAYMENT VALUE
Down payment price of the product is included in the invoice.
Article 11: PAYMENT PLAN
Due to the fact that forward sales are made only with Bank credit cards, the PURCHASER will also confirm the relevant interest rates and the information about the default interest on the bank 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 PURCHASER, declares and undertakes. In installments, the relevant provisions of the contract signed between the BUYER and the cardholder bank shall apply. The date of payment of the credit card is determined by the agreement between the bank and the PURCHASER. The PURCHASER may also follow the installment number and payments from the bank statement.
Article 12: TERMINATION FEE
The Purchaser has the right to withdraw from contract without any legal and penal liability within 7 days from the receipt of the delivery in the distant contracts related to the sale of the goods and refusing the goods without any justification. In case of distance contracts for service provision, this period begins on the date the contract is signed. If the contract has been agreed that the service should be carried out within 7 days, the consumer may use the right of withdrawal until the beginning of the performance. The costs arising from the use of the right of withdrawal shall be borne by the other party. Even if the delivery of the goods is made to another person other than the party who is the party to the contract, the buyer may use his right to withdraw.
Article 13: PRODUCTS WITH NO RIGHT OF WITHDRAWAL
The buyer shall not be entitled to the buyer’s right to withdraw from the goods produced in accordance with the special requests and demands of the buyer or made special to the person by modification or addition. In addition, the buyer shall not be entitled to the right of withdrawal in the case of goods which may not be returned at the rate of impairment or which are likely to exceed the expiry date.
Article 14: EVENT OF DEFAULT AND LEGAL CONSEQUENCES
In the event that the Buyer defaults on his / her credit card transactions, the Buyer shall pay interest on the credit card contract which he / she has made with the own bank and be liable to the bank. In this case, the bank may apply for legal remedies; the costs incurred and costs of substitution may be claimed by BUYER and in any event if BUYER is defaulted due to borrowing, the PURCHASER agrees not to pay the loss and loss of the Seller due to the delayed performance of the Borrower.
Article 15: AUTHORIZED COURT
Consumer Arbitration Committees and Consumer Courts in the settlement areas of the Buyer and Seller shall be entitled to the jurisdiction of the Izmir Asliye Civil Courts in places where the Consumer Court can not be found in the disputes that may arise from the agreement of the Ministry of Industry and Trade.
Article 16: THE CLOSING
In the event of payment for the order placed on the Site, the PURCHASER shall be deemed to have accepted all the terms of this contract. The SELLER is obliged to make software arrangements which will ensure that the contract is not placed on the site without the consent of the PURCHASER and acknowledged by the PURCHASER.