DISTANCE SALE CONTRACT
ARTICLE 1- SALLER
UTitle: LANİ İSTANBUL TEKSTİL SANAYİ VE DIŞ TİCARET A.Ş.
Mersis No: 0622-1612-8930-0001
Address: Kavacık Mah. Ekinciler Cad. Ulu Er Plaza No: 2 İç Kapı No: 7
BEYKOZ / İSTANBUL
Phone Number: 0 (216) 321 20 53
Website: www.lani.com.tr
E-Mail: [email protected]
Our company is a member of the Istanbul Chamber of Commerce (ITO). The electronic contact information for obtaining ITO's professional code of conduct is as follows: (www.ito.org.tr, Phone: 444 0 486).
ARTICLE 2- SUBJECT
2.1 The subject of this agreement is the sale and delivery of the product, whose characteristics and sales price are specified below, which the person or legal entity ("Buyer") signing this agreement has ordered electronically from the Seller's website, http://www.nayaistanbul.com.tr ("Website"). This is in accordance with the provisions of Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts, and other relevant legislation to determine the rights and obligations of the parties. For BUYERS who are not considered consumers, the provisions of the Turkish Civil Law and the Turkish Commercial Law will apply.
2.2 The Buyer acknowledges and declares that they have been provided with clear, comprehensible, and internet-appropriate information by the Seller regarding the Seller’s name, title, full address, phone number, and other contact details, the essential characteristics of the product subject to sale, the sales price including taxes, the payment method, delivery conditions and costs, and other relevant details regarding the product for sale. This includes information about the right of withdrawal, how it can be exercised, and the official authorities where complaints and objections may be submitted. The Buyer confirms that they have electronically acknowledged this pre-sale information and subsequently placed the order for the product in accordance with the terms and conditions of this agreement.
2.3 The Pre-Information available on the Website and the invoice issued based on the order placed by the Buyer are integral parts of this agreement.
ARTICLE 3- SUBJECT OF THE AGREEMENT, PRODUCT(S), DELIVERY, PAYMENT DETAILS
The Buyer acknowledges and declares that they have been informed about the type and category, code, quantity, brand/model, sales price, payment method, recipient of the delivery, delivery address, invoice details, and shipping cost of the product(s) purchased electronically before making the payment and that they have approved this information. The person who will be invoiced must be the same as the person signing the contract.
ARTICLE 4- INFORMATION PREVIOUSLY PROVIDED TO THE BUYER
The Buyer acknowledges that before the establishment of this Agreement on the WEBSITE upon the Buyer's approval and before placing the order and undertaking the payment obligation, the Buyer has seen and reviewed and been thus informed of all general-specific descriptions and on the relevant pages-sections of the Website’s “Distance Sales Agreement” in relation to the following.
Title of Seller and contact informations, information and current introductory information about the professional chamber,
Basic characteristic of product(s), total price including taxes, informaiton about shipping costs
Delivery, invoice and payment information of product(s),
Shipping restrictions anticipated by the Seller for the products.
Conditions applicable the buyer's exercise of the right of cancellation, and the possible loss of the right of cancellation if the buyer fails to exercise this right in due time and duly,
Products for which the Buyer does not have the right of cancellation
In cases where the right of withdrawal applies, all financial matters related to how the Buyer can return the products to the Seller (including return methods, costs, the refund of the product price, and any discounts or deductions that may apply for reward points earned/used by the Buyer during the return process).
The steps of the sales transaction during the purchase from the Website, along with the tools and methods available for correcting any incorrect information entered.
Contact information for the BUYER to send their complaints to the SELLER and the fact that the BUYER may legally refer to the District/Provincial Arbitral Tribunals and Consumer Courts in accordance with the relevant provisions of the Law No. 6502.
ARTICLE 5-ORDER & PAYMENT CONDITIONS
The total amount in Turkish Lira, including VAT (and the total installment amounts in case of installment transactions), along with any applicable shipping fees and all other costs, will be processed after the Buyer’s approval. Following the payment, an order confirmation email will be sent to the Buyer before the shipment of the products. No shipment will be made before the order confirmation email is sent.
ARTICLE 6 - SHIPPING AND DELIVERY CONDITIONS
6.1 The Seller will send the Products through the courier company with which they have an agreement, within a maximum of 30 days. In the event that the courier company does not have a branch in the Buyer’s location,
The Buyer is required to collect the Product from the nearest branch of the courier company within a maximum of 7 days; otherwise, the Buyer will be responsible for any damages and expenses that may arise.
6.2 If the Buyer is not personally present at the delivery address and the individuals at the address refuse to accept the delivery, the Seller will be considered to have fulfilled their obligation regarding the delivery. In the case where no one is present at the address to accept the delivery, it is the Buyer's responsibility to contact the courier company and track the shipment. If the Product is to be delivered to someone else or an organization other than the Buyer, the Seller cannot be held responsible if the recipient is not at the address or refuses to accept the delivery. In such cases, any damages arising from the Buyer’s delayed collection of the Product, as well as any costs incurred due to the Product being held by the courier company and/or returned to the Seller, will be the responsibility of the Buyer.
6.3 The Buyer is responsible for inspecting the Product upon delivery and, if they notice any issues caused by the courier, refusing to accept the Product and having a report prepared by the courier company representative. Otherwise, the Seller will not accept responsibility.
6.4 In the event that the Product cannot be delivered within the legal timeframe due to force majeure, the Seller will promptly inform the Buyer of this situation. In such a case, the Buyer may either cancel the order or wait until the force majeure situation is resolved. If the Seller is unable to supply the Product, the Seller will inform the Buyer clearly within a maximum of 3 days from the time this situation is learned, and the Buyer will cancel the order. Upon cancellation of the order by the Buyer, the Seller is obligated to refund the total amount paid by the Buyer, along with any documents that may have incurred a debt, within a maximum of 14 days. In such a case, the Buyer will have no claim for any additional material or immaterial damages from the Seller.
6.5 If, for any reason after the delivery of the Product, the bank/financial institution issuing the credit card used for the transaction does not pay the Product price to the Seller or requests a refund of the paid amount, the Product must be returned by the Buyer to the Seller within a maximum of 3 days. If the non-payment of the Product price is due to the Buyer’s fault or negligence, the shipping costs will be borne by the Buyer. The Seller’s rights, including the right to pursue the Product price and any other contractual or legal rights, remain reserved in any case, even without accepting the return of the Product.
ARTICLE 7 - BUYER'S RIGHT OF WITHDRAWAL AND TERM OF USE
7.1 The Buyer has the right to withdraw from the order and the Contract without providing any reason and without paying a penalty, within fourteen (14) days from the date of receipt of the Product. However, the Buyer may also exercise the right of withdrawal during the period between the conclusion of the Contract and the delivery of the Product.
7.2 Unless otherwise agreed in writing by the parties, the Buyer cannot exercise the right of withdrawal with respect to the following Products/services, even if they have not been used, as per the law:
a) Products or services whose price is subject to fluctuations in financial markets and which are beyond the control of the Seller.
b) Products made according to the Buyer’s requests or personal needs (those that have been customized or modified with changes/additions to suit the individual or personal needs).
c) Products that are perishable or may expire.
d) Products whose protective elements such as packaging, tape, seal, or package have been opened after delivery and whose return is not suitable for health and hygiene reasons.
e) Products that, after delivery, have been mixed with other products and, by their nature, cannot be separated.
f) Services that have commenced with the Buyer's approval before the expiration of the withdrawal period.
7.3 The Buyer must notify the Seller of their exercise of the right of withdrawal within the above-mentioned period, in writing or via a durable medium, as specified below.
7.3.1. If the right of withdrawal is exercised before the products are handed over to the courier company for delivery to the Buyer, the Buyer may make the necessary notification to the Seller via the email address [email protected] or by phone at 0 (216) 321 20 53.
7.3.2. If the right of withdrawal is exercised after the products have been delivered to the courier company for delivery to the Buyer, the Buyer must fill out the return form on the back of the invoice delivered with the product and return the Products, along with their box, packaging, and any standard accessories, to the courier company indicated by the Seller, ensuring that the items are complete and undamaged. In the case of product returns for invoices issued to institutions, a return invoice must be issued.
7.4 In the event of exercising the right of withdrawal, the Buyer is obliged to return the Product(s) to the Seller within ten (10) days from the date the withdrawal notice is sent to the Seller. The shipping cost for the returned Product will be covered by the Seller, provided that the Buyer uses the Seller’s contracted courier company.
7.5 The Seller, provided that the Buyer has exercised the right of withdrawal within the prescribed period and in accordance with the procedure, will refund the Product price, including any delivery costs incurred for the product’s delivery to the consumer, and any other payments received, to the Buyer’s payment method used at the time of purchase, within 14 days from the date the withdrawal notice is received. Delivery costs collected from the Customer will only be refunded by the Seller if all products related to the same order are returned.
7.6 In cases of withdrawal in accordance with the law and other order/contract cancellations, the Seller reserves the right to collect and offset any discounts on the Product price and/or any reward points or other monetary values, if applicable, from the Buyer.
7.7 In cases where the right of withdrawal is not provided by law, the Buyer will not be able to exercise the right of withdrawal. Additionally, if the right of withdrawal is not used in accordance with the proper procedure or within the specified time frame, the Buyer will lose the right of withdrawal.
7.8. If the order placed by the Buyer contains multiple products and the Buyer wishes to return some of these products, the Buyer can only exercise the right of withdrawal for these products after the delivery of the product(s) to the Buyer.
7.9 Products sold online are not accepted for return in the Seller's retail stores.
ARTICLE 6 - RULES APPLICABLE TO SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL- INDUSTRIAL RIGHTS
8.1 The Seller has taken necessary measures for the security of the information and transactions entered by the Buyer on the Website in its system infrastructure based on the nature of the information and transaction to the extent allowed by contemporary technical means. However, since such information is entered via the Buyer's device, it shall be the Buyer's responsibility to take necessary measures to protect it and not allow access by irrelevant persons to it, including those related to viruses and other harmful applications.
8.2 The Buyer may at any time stop the use-processing of data by reaching the Seller through the specified communication channels and/or stop the communications by duly reaching the Seller through the same channels or exercising their right of rejection available on the electronic communications send to them. Personal data processing and communications shall be ceased per the express notice of the Buyer within the legal time, and if the Consumer wishes so, information other than those that are required to be and/or can be retained pursuant to law shall be deleted from the data registration system or anonymized. If the Buyer wishes so, the Consumer may at any time apply to the Seller through the communication channels above for information on transactions related to the processing of their personal data, persons to whom their personal data are transferred, the correction of incomplete or incorrect data, notification of the corrected information to related third parties or their destruction, objection in case of any consequence detrimental to the Consumer arising out of the analysis of their data by automated systems, and remediation in case of damage due to the unlawful processing of their data. The application and requests in this regard shall be made within maximum legal periods or may not be accepted by notifying the Consumer of the legal justification.
8.3 All intellectual-industrial rights and property rights in any information and content related to the website, and their arrangement, revision and partial/complete use belong to the Seller, except for those owned by other third parties pursuant to an agreement with the Seller.
8.4 After providing approval, the Buyer can access and review the Pre-Information and Contract text sent to their email address by saving it to a durable medium. The Seller will also retain and store the Pre-Information and Contract text in their systems for a period of three years.
8.5 The Buyer declares and acknowledges that the personal information provided in this application form is correct. The Buyer agrees that all data, including shopping and personal information, provided in connection with the order, will be collected by the Seller, its affiliates, subsidiaries, service providers working with the Program, and their shareholders and employees ("Program Partners"), even if the Buyer's membership ends for any reason. The Buyer also agrees that these Program Partners may process this data and that the Seller and/or Program Partners will not be responsible for any damages resulting from the failure to update the information in the application form or providing incorrect information.
8.6 The Buyer has been informed of their rights regarding personal data, including the right to learn whether their personal data is being processed, to request information if their personal data has been processed, to learn the purpose of processing and whether it is being used in accordance with that purpose, to know the third parties to whom personal data is transferred, both within the country and abroad, to request correction if the personal data is incomplete or incorrect, to request the deletion or destruction of personal data under the conditions set forth by law, to request the notification of third parties to whom the personal data has been transferred regarding the correction, deletion, or destruction of personal data, to object to a result that arises against the individual as a result of exclusive automated processing of personal data, and to claim compensation for damages caused by unlawful processing of personal data.
ARTICLE 9 - FORCE MAJEURE
9.1 Force majeure situations are defined as events or circumstances that arise after the date of signing the contract, which were not existing or foreseen at the time, and are beyond the control of the parties. These events make it impossible for either party or both to partially or fully fulfill their obligations and responsibilities under the contract, or to do so in a timely manner. Force majeure includes, but is not limited to, natural disasters, war, terrorism, uprisings, changes in legislation, expropriation, strikes, lockouts, significant malfunctions in production and communication facilities, etc. The party affected by the force majeure situation shall immediately notify the other party of the situation in writing.
9.2 During the continuation of a force majeure situation, the parties will not be held responsible for their inability to fulfill their obligations. If the force majeure situation persists for a period of 30 (thirty) days, each party will have the unilateral right to terminate the contract.
ARTICLE 10 - COMPETENT COURT AND ENFORCEMENT OFFICES IN CASE OF DISPUTE
In any disputes that may arise from this Agreement, Provincial and District Consumer Arbitral Tribunals and, Consumer Courts within the monetary limits declared each year by the Ministry of Customs and Trade as required by law, and Consumer Courts, if such monetary limits are exceeded, shall have jurisdiction. In this context, the BUYER may apply to the Arbitral Tribunals and Consumer Courts in their place of residence or the place of residence of the SELLER.
ARTICLE 11 - ACCEPTANCE AND CONSENT STATEMENT
The Buyer acknowledges that they have read all the terms and explanations written in the Order-Contract Preliminary Information, which is an integral part of this Agreement and is available on the Website. The Buyer declares that they have been informed about the essential features and characteristics of the Product(s) for sale, the sales price, payment method, delivery conditions, the Seller, and other relevant preliminary information, including the right of withdrawal and personal data, and that they have seen, read, and accepted all these details electronically on the Website. By confirming and accepting these terms electronically, the Buyer agrees to the product order and accepts the provisions of this Agreement.
I have read the Distance Sales Agreement, I accept its content, and I approve it.