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DISTANCE SALES AGREEMENT

DISTANCE SALES AGREEMENT

SIDES

SALES PERSON

Vendor Name/Title:

Seller's Full Address:

Seller's Phone:

Seller Mersis No:

Seller E-Mail Address:

The Cargo Company to which the Buyer will Send the Goods to the Seller in case of Return:

 

https://lumoswoody.com/ Call Center: 0216 212 01 01

 

BUYER

Name and surname :

Address :

Telephone :

Email :

 

SUBJECT AND SCOPE OF THE AGREEMENT

This Distance Sales Contract (“Contract”) has been drawn up in accordance with the Consumer Protection Law No. 6502 (“Law”) and the Regulation on Distance Contracts. The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising from the Law and the Regulation on Distance Contracts under this Agreement.

The subject of this Agreement; The Buyer places an electronic order for the purchase of the Seller's goods or services from the website named https://lumoswoody.com/ (“Website”) belonging to Lumos Woody, and has the qualifications specified in the Agreement. It constitutes the determination of the rights and obligations of the parties in accordance with the provisions of the Law and the Regulation on Distance Contracts regarding the sale and delivery of goods or services.

The conclusion of this Agreement will not prevent the performance of the provisions of the Website Membership Agreements that the parties have individually signed with the Company, and the parties do not assume that the Company is in any way a party in the sale of the goods or services subject to this Agreement, and that the parties do not have any responsibility regarding the fulfillment of their obligations under the Agreement. They accept and declare that they have no commitment.

 

BASIC QUALIFICATIONS AND PRICE OF THE GOODS AND SERVICES SUBJECT TO THE AGREEMENT (VAT INCLUDED)

1. The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are published on the website of the SELLER. If the campaign is organized by the seller, you can review the basic features of the relevant product during the campaign. Valid until the campaign date.

2. The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.

3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.

 

Total product price excluding shipping:

Shipping cost:

Total Cost Including Cargo:

Payment Method and Plan:

Maturity Difference Received:

Interest rate used in the Maturity Difference calculation:

THE COST OF THE SUCH PRODUCT IS COLLECTED BY THE COMPANY FROM THE BUYER ON BEHALF OF THE SELLER UNDER THE PAYMENT PROTECTION SYSTEM. BY PAYING THE PRICE OF THE GOODS/SERVICES TO THE COMPANY, THE BUYER WILL BE CONSIDERED TO PAY THE PRICE OF THE PRODUCT TO THE SELLER.

 

DELIVERY AND DELIVERY METHOD OF THE GOODS

The contract has entered into force with the approval of the Buyer in electronic environment and is executed when the goods or services purchased by the Buyer from the Seller are delivered to the Buyer. The goods will be delivered to the address specified by the Buyer in the order form and in this Agreement and to the specified authorized person(s).

 

DELIVERY COSTS AND PERFORMANCE

The delivery costs of the goods belong to the Buyer, unless otherwise stated. If the Seller has declared on the Website that the delivery fee will be covered by him, the delivery costs will be borne by the Seller.

Delivery of the goods; made in the promised time after the payment is made. The Seller delivers the goods or services within 30 (thirty) days from the ordering of the goods or services by the Buyer, without prejudice to the circumstances in which the performance of the goods or services subject to the order becomes impossible.

If, for any reason, the price of the goods or services is not paid by the Buyer or the payment is canceled in the bank records, the Seller is deemed to be relieved of the obligation to deliver the goods or services.

The Buyer is responsible for the shipping cost in order cancellations made by the Buyer after the goods are shipped by the Seller but before the Buyer receives them.

In cases where the performance of the goods or services subject to the order becomes impossible, the Seller shall inform the Buyer within 3 (three) days from the date of learning of this situation and, if any, all collected payments, including delivery costs, will be paid within 14 (fourteen) days at the latest from the date of notification. Will refund within.

 

REPRESENTATIONS AND COMMITMENTS OF THE BUYER

The Buyer declares that he has read and learned the preliminary information uploaded by the Seller regarding the basic characteristics, sales price and payment method, as well as the delivery and cargo cost of the goods or services that are the subject of the Contract on the Website and gives the necessary confirmation in electronic environment.

Buyers, as consumers, can submit their requests and complaints using the Seller contact information above and/or via My Account>My Product Questions on the Website.

The Buyer confirms this Agreement and the Preliminary Information Form electronically, by confirming the address to be given by the Seller to the Buyer before the conclusion of the distance contracts, the basic features of the ordered good or service, the price of the good or service including taxes, payment and delivery. confirms that it has obtained the correct and complete delivery price information. Buyer's damaged, broken, torn packaging etc. at the time of delivery. In case of receiving the goods or service subject to the contract, which is clearly damaged and defective, from the cargo company, the responsibility belongs entirely to him.

In the event that the relevant bank or financial institution fails to pay the price of the goods or services to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons after the delivery of the goods or services, the Buyer provides that the goods have been delivered to him. or return the service to the Seller within 3 (three) days. In this case, the delivery costs belong to the Buyer.

 

STATEMENTS AND COMMITMENTS OF THE SELLER

The Seller is responsible for the delivery of the contractual goods or services to the Buyer in accordance with the consumer legislation, sound, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.

If the Seller cannot deliver the goods or services within the contractual period due to force majeure or extraordinary circumstances that prevent transportation, he is obliged to notify the Buyer within 3 (three) days from the date of learning.

If the contractual goods or services are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery.

 

RIGHT OF WITHDRAWAL

Pursuant to the Law No. 6502 on the Protection of the Consumer ("Law"), it is the right of the buyers to return the products without giving any reason and "without paying the shipping fee", using their right of withdrawal within 14 days from the delivery date.

 

1. Consumer's Right of Withdrawal in Installment Sales Contracts;

Provisions regarding sales in installments are regulated in Article 17 of the Law, and the right of withdrawal is regulated in Article 18.

The Regulation on Contracts for Sale by Installments was published in the Official Gazette dated 14.01.2015.

According to this;

right of withdrawal

(1) The consumer has the right to withdraw from the sales contract in installments within seven days without giving any reason and without paying any penalty.

(2) The period of the right of withdrawal, in contracts related to the performance of service, the day the contract is established; In contracts for the delivery of goods, it starts on the day the consumer or the third party determined by the consumer receives the goods. However, the consumer may also use the right of withdrawal within the period from the conclusion of the contract to the delivery of the goods.

(3) In the contracts in which the delivery of goods and the performance of services are made together, the provisions of the right of withdrawal regarding the delivery of goods are applied.

(4) It is sufficient that the notification regarding the exercise of the right of withdrawal is addressed to the seller or supplier in writing or with a permanent data storage device within the period of the right of withdrawal. The seller or the provider is obliged to prove that the consumer has been informed about the right of withdrawal.

(5) If the seller has delivered the goods to the consumer within the withdrawal period, the consumer may use the goods only to the extent required by an ordinary review. The regular review includes the initial inspection of the property. In case the goods are used as usual, the consumer cannot use the right of withdrawal.

(6) Before the expiry of the right of withdrawal, the consumer cannot use the right of withdrawal in the service contracts where the performance of the service has started with the approval of the consumer.

(7) The right of withdrawal cannot be exercised in financial leasing transactions where the consumer finds the seller.

(8) The provisions of the right of withdrawal in favor of the consumer regarding other contracts regulated in the Law are reserved.

Consequences of exercising the right of withdrawal

(1) In the event that the consumer exercises his right of withdrawal, the seller or the provider is obliged to return the price he has received and any document that puts the consumer in debt within seven days from the date of receipt of the withdrawal notice, without incurring any expense to the consumer.

(2) The consumer, who uses the right of withdrawal, is obliged to return the goods subject to the contract to the seller within seven days from the date of exercise of the right of withdrawal. Otherwise, the consumer is deemed not to have used his right of withdrawal.

(3) In case of exercising the right of withdrawal, the consumer has to bear the costs of returning the goods.

 

2. Consumer's Right of Withdrawal in Distance Contracts,

Provisions regarding Distance Contracts are explained in Article 48 of the Law.

Mesafeli sözleşmeler de, aynı işyeri dışında yapılan sözleşmeler gibi tüketici açısından bazı riskler içermektedir. İşyeri dışında yapılan sözleşmelerde belirleyici özellik, tarafların, mağaza gibi olağan sözleşme kurma mekânları dışında fiziksel olarak karşılaşmasıyken mesafeli sözleşmelerde belirleyici özellik, tarafların hiç karşılaşmamasıdır. Evinden telefon, internet, mektup gibi vasıtalarla sözleşmeyi kuran tüketici, satıcı veya sağlayıcının yüzünü dahi görmemektedir. Nitekim bu tür sözleşmelerde sorun genelde çok düşünülmeden, sözleşmeye ve edime ilişkin ayrıntılar hakkında yeterli bilgi sahibi olmadan, piyasada sunulan aynı türden mal veya hizmete ilişkin sözleşme koşulları ile karşılaştırma yapmadan, mal hiç görülmeden satım sözleşmesi akdediliyor olmasıdır. Dolayısıyla bu hallerde de bilgi eksikliğinin giderilmesi için 25/10/2011 tarihli Tüketici Haklarına İlişkin 2011/83/EU sayılı Avrupa Parlamentosu ve Konseyi Yönergesine uyumlu olarak tüketicinin sözleşme ve edim hakkında aydınlatılması ve kendisine bir cayma hakkının verilmesi uygun gözükmektedir.

The Regulation on Distance Contracts was published in the Official Gazette dated 27.11.2015   .

According to this regulation, the Consumer's Right of Withdrawal and the Obligations of the Parties are determined as follows.

right of withdrawal

(1) The consumer has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty.

(2) The period of the right of withdrawal, in contracts related to the performance of service, the day the contract is established; In contracts for the delivery of goods, it starts on the day the consumer or the third party determined by the consumer receives the goods. However, the consumer may also use the right of withdrawal within the period from the conclusion of the contract to the delivery of the goods.

(3) In determining the period of the right of withdrawal;

a) In the case of goods that are the subject of a single order and delivered separately, the day on which the consumer or the third party determined by the consumer receives the last goods,

b) In the case of goods consisting of more than one piece, the day when the consumer or the third party determined by the consumer receives the last piece,

c) In contracts where the goods are delivered regularly for a certain period of time, the day on which the consumer or the third party determined by the consumer receives the first goods.

is based.

(4) Delivery of the goods by the seller to the carrier is not considered as delivery to the consumer.

(5) In contracts where the delivery of goods and the performance of services are made together, the provisions of the right of withdrawal regarding the delivery of goods shall apply.

Incomplete information

(1) The seller or the supplier is obliged to prove that the consumer has been informed about the right of withdrawal. If the consumer is not properly informed about the right of withdrawal, he is not bound by a period of fourteen days to use the right of withdrawal. In any case, this period expires one year after the end of the withdrawal period.

(2) In case the necessary notification regarding the right of withdrawal is made within a one-year period, the fourteen-day right of withdrawal begins to run from the day this notification is duly made.

Use of the right of withdrawal

(1) It is sufficient to send the notification regarding the exercise of the right of withdrawal to the seller or supplier in writing or with a permanent data storage before the right of withdrawal expires.

(2) In exercising the right of withdrawal, the consumer may use the form in the Annex or make a clear statement of the decision to withdraw. The seller or the provider may also offer an option on the website so that the consumer can fill out this form or send the withdrawal statement. In the event that consumers are given the right of withdrawal via the website, the seller or provider must immediately convey to the consumer the confirmation that the withdrawal requests submitted by the consumers have been received.

(3) In sales made via voice communication, the seller or the supplier has to send the form in the Annex to the consumer, at the latest, until the goods are delivered or the service is rendered. The consumer can use this form to use the right of withdrawal in such sales, as well as the methods in the second paragraph.

(4) The burden of proof regarding the exercise of the right of withdrawal in this article belongs to the consumer.

Obligations of the seller or supplier

(1) The seller or the supplier is obliged to return all collected payments, including the delivery costs of the goods, if any, within fourteen days from the date on which the notification regarding the use of the consumer's right of withdrawal is received.

(2) The seller or the supplier must make all the repayments specified in the first paragraph in one go, in accordance with the payment instrument used by the consumer and without incurring any cost or obligation to the consumer.

(3) In the exercise of the right of withdrawal, if the goods are sent back through the carrier specified by the seller for the return, the consumer cannot be held responsible for the costs related to the return, within the scope of subparagraph (g) of the first paragraph of Article 5. In the event that the seller does not specify any carrier for the return in the preliminary notification, no charge can be claimed from the consumer for the return cost. In the event that the carrier specified in the preliminary notification for the return does not have a branch in the consumer's location, the seller is obliged to ensure that the goods to be returned are received from the consumer without demanding any additional costs.

Obligations of the consumer

(1) Unless the seller or the supplier makes an offer to take the goods back, the consumer is obliged to return the goods to the seller or the supplier or the person authorized by him within ten days from the date of the notification regarding the use of the right of withdrawal.

(2) The consumer is not responsible for the changes and deteriorations that occur if he/she uses the goods in accordance with the operation, technical specifications and usage instructions within the withdrawal period.

The effect of the use of the right of withdrawal on ancillary contracts

(1) Provided that the provisions of Article 30 of the Law are reserved, ancillary contracts automatically terminate if the consumer exercises his right of withdrawal. In this case, the consumer is not obliged to pay any costs, compensation or penal clauses, except for the cases specified in the second paragraph of Article 13.

(2) The seller or the supplier must immediately notify the third party, who is a party to the subcontract, that the consumer has exercised his right of withdrawal.

Exceptions to the right of withdrawal

(1) Unless agreed otherwise by the parties, the consumer cannot exercise his right of withdrawal in the following contracts:

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.

c) Contracts for the delivery of perishable or expired goods.

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 are 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 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.

 

 

RESOLUTION OF DISPUTES

Responsibility for the goods or services sold within the scope of the Law and the Regulation on Distance Contracts belongs to the Seller. However, the Buyers shall convey their complaints regarding the goods and services they have purchased to the Sellers directly or through the Company. If the complaint is forwarded to the Company, the Company will provide all possible support to resolve the issue.

In disputes that may arise regarding this Distance Sales Contract; Provincial or District Arbitration Committees for Consumer Problems in the place where the Buyer purchases the product in the place of residence or where the domicile is located, up to the value declared by the Ministry of Customs and Trade every year, and the Consumer Courts are authorized in disputes above the said value.

 

PRICE OF GOODS/SERVICES

The cash or deferred sales price of the goods is included in the order form, but is the price included in the information e-mail sent at the end of the order and in the invoice content sent to the customer together with the product. Discounts, coupons, shipping charges and other applications made by the Seller or the Company are reflected in the sales price.

 

STATUS 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 contract signed by the bank with him and 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 shall be responsible for the loss and damage suffered by the Seller due to the Buyer's delayed performance of the debt.

 

NOTICES AND EVIDENCE AGREEMENT

Any correspondence to be made between the parties under this Agreement will be made via My Account>My Product Questions on the Website or e-mail, except for the obligatory cases listed in the legislation. The Buyer agrees that the official books and commercial records of the Seller and the Company, as well as the electronic information and computer records kept in its own database and servers, will constitute binding, definitive and exclusive evidence in case of disputes arising from this Agreement. It accepts, declares and undertakes that it is in the nature of an evidential contract within the meaning of the article.

 

FORCE

This Agreement, which consists of 14 (fourteen) articles, was read by the parties, concluded on 11/09/2019, approved by the Buyer electronically and entered into force.

 

SALES PERSON:

BUYER:

HISTORY:

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