Distance Sale Agreement
This Agreement has been signed between the following parties within the framework of the following terms and conditions.
A. ‘BUYER’; (hereinafter referred to as “BUYER” in the contract)
B. “SELLER”; (hereinafter referred to as “SELLER” in the contract)
NAME: ART OF LUMOS A.Ş.
ADDRESS: Ayazağa Mahallesi Mimar Sinan Sk. No: 21D, Seba Office Boulevard İş Merkezi A Blok No:25, 34396 Sarıyer/İstanbul
In the implementation and interpretation of this contract, the terms written below will express the written explanations against them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (RG: 27.11.2014 / 29188)
SERVICE: The subject of any consumer transaction other than providing goods committed or committed for a fee or benefit,
SELLER: The company acting on behalf or on behalf of the consumer offering or offering goods within the scope of his commercial or professional activities,
BUYER: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERING PARTY: Real or legal person who requests a good or service on the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods subject to shopping and software, audio, video and similar intangible goods prepared for use in electronic environment.
This Agreement regulates the rights and obligations of the parties pursuant to the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualifications of which are specified below, and the sales price of the product that the BUYER has ordered electronically via the SELLER’s website.
The prices listed and announced on the site are the sales price. Announced prices and promises are valid until updated and changed. The prices announced for a period are valid until the end of the specified period.
4. SELLER INFORMATION
ART OF LUMOS DIJITAL SANAT TICARET ANONIM SIRKETI
Address: Ayazağa Mahallesi Mimar Sinan Sk No: 21D, Seba Office Boulevard İş Merkezi A Blok No:25, 34396 Sarıyer/İstanbul
5. BUYER INFORMATION
The person to be delivered
Email / username
6. PERSON INFORMATION OF THE ORDER
Name / Surname / Title
Email / username
7. CONTRACT SUBJECT PRODUCT / PRODUCTS INFORMATION
1. The main features (type, quantity, brand / model, color, number) of the Good / Product / Products / Service are published on the website of the SELLER. If the campaign is organized by the seller, you can examine the basic features of the product during the campaign. It is valid until the campaign date.
7.2. The prices listed and announced on the site are the sales price. Announced prices and promises are valid until updated and changed. The prices announced for a period are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description Unit Unit Price Sub Total
Payment Method and Plan
The person to be delivered
7.4. The shipping fee, which is the shipping cost of the product, will be paid by the BUYER.
8. INVOICE INFORMATION
Name / Surname / Title
Email / username
Invoice delivery: Invoice will be delivered with the order to the invoice address during order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he reads the preliminary information regarding the basic qualities of the product subject to the contract, the sales price and the form of payment, and the delivery, on the website of the SELLER, and that he has the necessary confirmation in the electronic environment. The receiver; It accepts, declares and undertakes to confirm the Preliminary Information electronically, before the establishment of the distance sales contract, the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the price of the products, including taxes, payment and delivery information correctly and completely. .
9.2. Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER or BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER performs the product subject to the contract in full, in accordance with the qualifications specified in the order, and if any, with the information and documents required by the work, with the information and documents required by the business, in accordance with the legal regulations, in accordance with the legal regulations, in accordance with the principles of integrity and honesty. accepts, declares and undertakes to act, to maintain and raise the quality of service, to show the necessary attention and care during the performance of the work, to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit consent before the contractual performance obligation expires.
9.5. If the SELLER cannot fulfill its contractual obligations in case the fulfillment of the order product or service becomes impossible, the seller accepts, declares and undertakes that he / she will notify the consumer in writing within 3 days from the date of his learning, and return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that he / she will confirm this Contract electronically for the delivery of the product subject to the Contract, and for any reason, if the product price of the contract is not paid and / or canceled in the bank records, the SELLER’s obligation to deliver the product subject to the contract will expire.
9.7. If the BUYER, the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the credit card of the BUYER by the unauthorized persons after the delivery of the contractual product to the person and / or institution at the address indicated by the BUYER or the BUYER. He accepts, declares and undertakes that he will return it to the SELLER within 3 days at the shipping expense.
9.8. The SELLER accepts, declares and undertakes that he / she will notify the BUYER if he / she cannot deliver the product subject to the contract within the due time due to force majeure conditions such as the development of the parties that are beyond the will of the parties, unforeseen and preventing the parties from fulfilling their debts. The BUYER also has the right to request from the SELLER to cancel the order, to replace the product subject to the contract with the equivalent, if any, and / or to delay the delivery period until the barrier situation disappears. In the event that the order is canceled by the BUYER, the amount of the product is paid to him in cash and in advance within 14 days. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks to reflect the amount returned to the credit card by the SELLER to the BUYER account by the bank, since this amount is reflected in the BUYER’s accounts after the return of this amount to the bank, the BUYER may accepts, declares and undertakes that he / she cannot hold responsible.
9.9. Communication, marketing, notification and other means of mail, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER on the registration form on the site or updated by the SELLER. has the right to reach the BUYER for other purposes. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the above mentioned communication activities.
9:10. The BUYER will inspect the goods / services subject to the contract before receiving them; dents, broken, torn packaging etc. will not receive damaged and defective goods / services from the cargo company. The delivered goods / services will be deemed to be undamaged and intact. Careful protection of the goods / services after delivery belongs to the BUYER. If the right of withdrawal will be used, the goods / services should not be used. The invoice must be returned.
9:11. In case the BUYER and the credit card holder used during the order are not the same person or before the product is delivered to the BUYER, if the security deficit related to the credit card used in the order is detected, the SELLER shall provide the identity and contact details of the credit card holder, the statement of the credit card used in the order from the previous month. or the cardholder may request from the bank to present the letter indicating that the credit card belongs to him. The order will be frozen until the BUYER provides the information / documents subject to the request, and if the mentioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
9:12. The PURCHASER declares and undertakes that the personal and other information given while signing up to the website of the SELLER is true, and that the SELLER will immediately compensate for any damages due to the fact that this information is contrary to the fact, upon the first notification of the SELLER, in cash and in advance.
9:13. The BUYER accepts and undertakes to comply with the provisions of the legal regulations and not to violate them while using the website of the SELLER. Otherwise, all legal and criminal liabilities that will arise will bind the BUYER completely and exclusively.
9:14. The BUYER may not use the SELLER’s website in any way to disrupt public order, violate public morality, disturb and harass others, for an illegal purpose, to infringe on the material and moral rights of others. In addition, the member cannot engage in activities that prevent or force others to use the services (spam, virus, trojan horse, etc.).
9:15. Links to other websites and / or other content owned and / or operated by other third parties may be linked via the SELLER’s website. These links have been put in order to provide ease of orientation to the BUYER and do not support any website or the person operating the site and do not constitute a guarantee for the information contained in the linked website.
9:16. The member who violates one or more of the articles listed in this contract is criminally and legally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; Due to this violation, the SELLER reserves the right to claim compensation in case the event is brought to the legal field, since the membership agreement against the member is not complied with.
10. RIGHT TO WITHDRAWAL
10.1. RECEIVER; In case the distance contract is related to the sale of goods, within 14 (fourteen) days from the date of delivery of the product to itself or the person / organization at the address indicated, it may exercise its right to withdraw from the contract by refusing the goods without undertaking any legal and criminal responsibility and without giving any reason. In distance contracts regarding service delivery, this period starts from the date of signing the contract. Before the right of withdrawal expires, the right of withdrawal cannot be used in the service contracts whose service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. By accepting this contract, the BUYER agrees in advance that he has been informed of the right to withdraw.
10.2. In order to use the right of withdrawal, it is necessary to make a written notification to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days, and the product must not be used in accordance with the provisions of the “Products that cannot be used with right of withdrawal”. If this right is exercised,
a) Invoice of the product delivered to the 3rd person or to the BUYER (If the invoice of the product to be returned is institutional, it must be sent together with the return invoice issued by the institution when returning. If the refund returns issued on behalf of the institutions, the REFUND INVOICE cannot be completed.)
b) Return form
c) The products to be returned must be delivered complete and undamaged together with the box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total price and documents that put the BUYER under debt to the BUYER within a period of 10 days at the latest after the withdrawal notification reaches him and to return the goods within 20 days.
e) If there is a decrease in the value of the goods due to a reason arising from the BUYER’s defect or if the return becomes impossible, the BUYER is obliged to compensate the losses of the SELLER. However, the PURCHASER is not responsible for the changes and deteriorations that occur due to the proper use of the product or product within the period of withdrawal.
f) If the campaign limit amount regulated by the SELLER falls below the limit due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
11. PRODUCTS WITHOUT THE RIGHT OF WITHDRAWAL
Underwear undergarments, swimwear and bikini bottoms, make-up products, disposable products, products that are in danger of deterioration or are likely to exceed the expiration date, prepared according to the BUYER’s request or explicit personal needs. Products that are not suitable for health and hygiene, if the packaging is opened by the PURCHASER after delivery, products that are mixed with other products after delivery and cannot be separated by their nature, Goods related to periodical publications such as newspapers and magazines, except those provided under the Subscription Agreement, The return of the services or intangible goods delivered to the consumer, as well as audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, packaging is not possible as per the Regulation. . In addition, before the end of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services that are started with the approval of the consumer.
Cosmetics and personal care products, underwear products, swimwear, bikini, books, copied software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridge, ribbon etc.) are unopened, untested, intact for returning and they must be unused.
12. DEFAULT CARE AND LEGAL RESULTS
The BUYER accepts, declares and undertakes that he / she will pay interest and be liable to the bank within the framework of the credit card agreement between the bank and the bank, if the payment is made in default when he / she makes the payment by credit card. In this case, the bank may apply to legal means; may claim the costs and attorneys’ fees arising from the BUYER and if the BUYER defaults due to the debt of the BUYER, the BUYER accepts, declares and undertakes that he will pay the damages and losses suffered by the SELLER due to the delayed performance of the debt.
13. AUTHORIZED COURT
Complaints and appeals in disputes arising from this contract, consumer problems within the monetary limits specified in the law below or where the consumer transaction is made, will be made to the arbitral tribunal or the consumer court. Information on the monetary limit is as follows:
Valid in applications to consumer arbitration committees for 2017, effective from 01/01/2017:
a) District consumer arbitration committees in disputes under 2.400 (two thousand four hundred) Turkish Lira,
b) Provincial consumer arbitration committees in disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred ten) Turkish Lira in provinces with metropolitan status,
c) Provincial consumer arbitration committees in disputes under 3.610 (three thousand six hundred and ten) Turkish Lira in the centers of provinces that are not in metropolitan status,
d) Provincial consumer arbitration committees have been assigned to disputes between 2,400 (two thousand four hundred) Turkish Lira and 3,610 (three thousand six hundred and ten) Turkish Lira in the districts that are not in metropolitan status.
This Agreement is made for commercial purposes.
When the BUYER makes the payment for the order placed on the Site, he is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is realized.
SELLER: ART OF LUMOS DIJITAL SANAT TICARET ANONIM SIRKETI.