Distance Selling Agreement

 

ARTICLE 1 - PARTIES

1.1 -SELLER:

Name: Lama Design Architecture. (Hereinafter referred to as the "SELLER")

Address: Kırcami Mah. Perge Bulvarı. No:75 Muratpasa/Antalya

Phone: 0242 322 26 28

Email: info@lamatasarim.com

1.2 -BUYER:

Name/Surname/Title: ... (Hereinafter referred to as the "BUYER")

Address:

Phone:

Email:

ID No:

In this Agreement, the BUYER and the SELLER will be collectively referred to as the "Parties."

ARTICLE 2 - SUBJECT

2.1. The subject of this Distance Sales Agreement (hereinafter referred to as the "Agreement") is the sale of the product/products specified in the Agreement, including their characteristics and sales price, on the website www.lamatasarim.com owned by the SELLER (hereinafter referred to as the "website"), in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation published in the Official Gazette on 27.11.2014, by the BUYER placing an electronic order and making the payment of the sales price, delivery, and the determination of other rights and obligations of the Parties, as well as the resolution methods for disputes arising from this Agreement.

2.2. It should be clarified that the assembly of the products subject to the Agreement is provided by the SELLER in specific cities and districts determined by the SELLER, and this is beyond the scope of this Agreement. If the BUYER requests assembly of the products subject to the Agreement, a separate agreement may be concluded between the BUYER and the SELLER with terms and conditions to be separately determined. There can be no connection between this Agreement and any separate agreement that may be signed for assembly.

ARTICLE 3 - SUBJECT OF THE AGREEMENT PRODUCT/PRODUCTS

The name, code (type, model, color), quantity, sales price, and other information of the product/products subject to this Agreement are as follows.

Date:

Product Information:

Shipping Fee:

Payment Method:

Delivery Address:

Payment Table:

ARTICLE 4 - GENERAL PROVISIONS

4.1- The BUYER declares that they have read and informed themselves about the basic characteristics of the product, the sales price, payment method, and pre-information about the delivery on the website www.lamatasarim.com, and that they have given the necessary confirmation in electronic form.

4.2. The BUYER will pay the sales price and delivery fee of the product/products ordered within the scope of this Agreement to the SELLER in accordance with the payment method and conditions specified in this Agreement.

4.3. The BUYER will pay for the ordered product/products through bank transfer or with Visa, Amex, or Mastercard credit card. Orders placed within the scope of this Agreement will be processed by the SELLER after the sales price and delivery fee, if any, are transferred to the bank specified by the SELLER or blocked by obtaining bank approval from the credit card.

4.4. The SELLER is not responsible for any deductions made by banks during payments under different names.

4.5. The availability of installment payment options offered by the BUYER's affiliated bank is beyond the control of the SELLER. Any campaigns under the control and knowledge of the SELLER will be announced on the website.

4.6. If there is any campaign, discount, or similar practice announced on the website for distance sales, and if this practice is valid for distance sales according to the conditions of the campaign, it will be applied to the BUYER's order under the condition that it meets the campaign conditions.

4.7. The delivery fee is not included in the price of the product/products and will be added to the BUYER's payment along with the price of the product/products and any additional expenses if applicable. The delivery fee and any additional expenses are shown in the table in Article 3.

4.8- The SELLER is responsible for delivering the product/products within the period specified in the preliminary information on the website to the address specified by the BUYER, depending on the distance of the BUYER's residence. The BUYER or the person/organization specified by the BUYER, who receives the delivery, is responsible for checking whether the product/products are delivered in good condition, complete, in accordance with the specified qualifications, and in compliance with the legislation during the delivery. In case of products determined to be damaged during delivery, a report must be prepared in conjunction with the shipping company representative, and the product/products must not be received. The SELLER is not responsible for the damages caused by the cargo company that the BUYER has not prepared a report in case of delivery of the damaged product/products.

4.9. If the BUYER does not make the payment for the product/products subject to this Agreement or cancels the payment in the bank records for any reason, the SELLER is deemed to be freed from the obligation to deliver the product/products.

4.10. If the bank or financial institution does not pay the product price to the SELLER due to the fact that the credit card belonging to the BUYER is used unauthorizedly or unlawfully by unauthorized persons after the delivery of the product/products, provided that the BUYER has delivered the product/products to the BUYER, the BUYER must send the product/products to the SELLER within 3 days at the latest. In such a case, the shipping costs belong to the BUYER.

4.11. If the SELLER cannot deliver the product/products subject to the Agreement within the period due to force majeure or extraordinary circumstances such as adverse weather conditions that prevent transportation, the SELLER is obliged to notify the BUYER of this situation. In such cases, the BUYER may use one of the rights to cancel the order, replace the product/products subject to the order with the precedent, and/or postpone the delivery until the obstacle is eliminated. If the BUYER cancels the order, the amount paid will be paid to the BUYER in cash and in a lump sum within 10 days.

4.12. The SELLER is responsible for the delivery of the product/products subject to this Agreement in a sound, complete, in accordance with the qualifications specified in the order, and together with the warranty documents and user manuals, if any.

4.13. The SELLER may supply a different product with equal quality and price by informing the BUYER and obtaining their explicit consent before the performance period expires.

4.14. If the SELLER fails to fulfill the obligations arising from the contract in the event that the fulfillment of the performance becomes impossible, the SELLER must notify the BUYER of this situation before the performance period expires and refund the total price to the BUYER within 10 days.

 

4.15 In the event that the BUYER or the authorized person designated by the BUYER is not present at the delivery address specified in this Agreement, the SELLER will be deemed to have fulfilled its performance in full and completely. Therefore, the BUYER is responsible for any damages, losses, and expenses arising from the delayed receipt or non-receipt of the product.

4.16 The BUYER acknowledges, declares, and undertakes that the information provided, including billing and delivery addresses, within the scope of this Agreement is complete and accurate. The SELLER shall not be liable in case of errors or omissions in the address provided by the BUYER, the absence of the BUYER at the specified address during delivery, the absence of a person who can receive the product/products at the specified address, or if the individuals at the specified address refuse to accept the product/products. In such cases, the BUYER has the right to request re-delivery at their own expense.

4.17 In the event that defects in the product/products are noticed at the time of delivery, the SELLER will take back the product/products in the same way as the shipment without requesting an additional shipping fee from the BUYER and replace them within 14 days following this date.

4.18 In case defects in the product/products are noticed after the delivery, the BUYER shall notify the SELLER in writing or verbally through customer services. Following this notification, the product/products will be transported by the courier company directed by the SELLER, and the received product/products will be evaluated by the SELLER. If it is determined that the product/products are defective, the product/products subject to the notification will be replaced with a new one within 30 business days following the date of return without requesting an additional shipping fee. Otherwise, the product/products will be returned to the BUYER.

4.19 The BUYER acknowledges, declares, and undertakes that they have read and understood the basic characteristics of the product/products subject to the Agreement, the sales price including VAT, the validity period of all commitments of the SELLER including the price, the information on how to use the right of withdrawal and, if there is any cost to be covered by the BUYER, the amount of this cost, the delivery and performance periods of the product/products subject to the Agreement, the open address, telephone, and other contact information of the SELLER where the BUYER can convey their requests and complaints, and that applications regarding complaints and objections can be made to the consumer arbitration board or consumer court in the place where the BUYER purchases the goods or services or resides, within the monetary limits determined by the Ministry of Customs and Trade.

4.20 The BUYER agrees, declares, and undertakes that even if products targeting children are offered for sale on the website, individuals under the age of 18 cannot make purchases, and the SELLER will not be responsible for any damages incurred by third parties due to the violation of this rule by ordering products. If the SELLER determines that this article is violated, the SELLER has the right to cancel the order by exercising the right to terminate the Agreement.

4.21 The SELLER reserves the right to suspend or terminate the order if it determines that the information provided by the BUYER does not match the reality. In such a case, the SELLER will freeze the order for a period of 5 (five) days if the SELLER cannot reach the BUYER from the telephone, e-mail, or delivery address provided by the BUYER. During this period, the SELLER expects the BUYER to contact regarding the issue. If the BUYER does not contact the SELLER during this period, the order will be canceled. In case of cancellation of the order, if any, payments made by the BUYER will be refunded within 14 (fourteen) days. In payments made by credit card, the refund will be made to the credit card used for the payment. The SELLER's fulfillment of the refund process within this period is sufficient, and the SELLER cannot be held responsible for the processing time of the refund by the bank.

4.22 The SELLER reserves the right to cancel excessive purchases of the same product by the BUYER on the website. In wholesale purchases exceeding 3 (three) units of the product, the SELLER reserves the right to either completely cancel the order or only send a maximum of 3 (three) units of the product as the retail purchase limit.

ARTICLE 5 - PROTECTION OF PERSONAL DATA

5.1 The SELLER, as the data controller, keeps the personal information of the BUYER stated in the distance sales contract and the pre-information form.

5.2 The SELLER may use or store the name, surname, phone number, TR Identity Number, address, e-mail address, and date of birth information requested during the shopping stage for contacting the BUYER or for improvement purposes, creating a database, conducting research for process improvement, and for communication/marketing activities. Personal Data may also be transferred to and processed by companies in cooperation with the SELLER for these purposes.

5.3 The detailed information about the personal data to be processed by the BUYER by the SELLER within the scope of the performance of this Agreement is included in the Disclosure Statement, and the SELLER has undertaken, declared, and guaranteed that it will process the BUYER's personal data only in accordance with the relevant Disclosure Statement and the Personal Data Protection Law No. 6698 and related legislation.

5.4 The BUYER has the right to learn whether their personal data is being processed by the data controller SELLER at any time within the scope of the Law, to request information if their personal data has been processed, to learn the purpose of processing their personal data and whether it is used in accordance with its purpose, to know the third parties to whom their personal data is transferred, to request correction of their personal data and, if it has been transferred, to request that this correction be notified to the third party to whom it has been transferred, to request the deletion, destruction, or anonymization of their personal data in case the reasons requiring processing disappear, to object to the emergence of a result against them by analyzing the processed data exclusively through automated systems, and to claim damages if they incur damages due to the processing of data unlawfully.

 

ARTICLE 6 - RIGHT OF WITHDRAWAL

6.1 The BUYER may exercise the right of withdrawal granted to them by the relevant legislation within 14 (fourteen) days from the delivery of the product/products to them or the person at the address they have notified. In order for the BUYER to exercise the right of withdrawal, it is a condition that the product/products are not among the products for which the right of withdrawal cannot be exercised, as specified in the Consumer Protection Law No. 6502 and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014, and that the product is not damaged to prevent its resale and has not been used other than ordinary use.

6.2 In determining the withdrawal period, in the case of goods delivered separately despite being the subject of a single order, the day the BUYER or the third party designated by the BUYER receives the last goods will be taken into account; in the case of goods consisting of more than one piece, the day the BUYER or the third party designated by the BUYER receives the last piece will be taken into account.

6.3 If the BUYER wishes to exercise the right of withdrawal within the 14-day period following the delivery of the products, either in writing or orally through customer services, the SELLER is obliged to accept the return of the product/products in their original condition, with the delivery report and original invoice, at the expense of the SELLER. The BUYER also has the right of withdrawal before the delivery of the product/products. If the BUYER does not use the product/products in accordance with their operation, technical specifications, and usage instructions within the withdrawal period, the BUYER is responsible for any changes and deterioration that may occur, and the BUYER is obliged to compensate for the decrease in value that may occur in the price of the product/products. Upon the exercise of the right of withdrawal, the SELLER will receive the product/products through the shipping company agreed upon in advance and at the time (date) to be determined by the SELLER, with all shipping costs covered by the SELLER. To learn the shipping company with which the SELLER has an agreement, it is necessary to contact the SELLER as of the date on which this Agreement is approved. If the BUYER sends the product/products to the SELLER through a shipping company that is not agreed upon by the SELLER, the shipping cost will be covered by the BUYER. An invoice must be issued for company returns.

6.4 The BUYER acknowledges, declares, and undertakes that if they request a refund for payments made by credit card, the refund will not be made in cash. In the event of the exercise of the right of withdrawal, the price of the product/products and shipping costs will be refunded to the BUYER in the payment method used by the BUYER within 14 (fourteen) days from the date the right of withdrawal reaches the SELLER. In cases where payment is made by credit card, the refund will be made to the credit card. It is sufficient for the SELLER to perform the refund within this period, and the SELLER cannot be held responsible for the reflection process of the payment by the bank.

6.5 The BUYER is obliged to return the product to the address specified in Article 3 within 10 (ten) days from the date they notify the SELLER that they have exercised their right of withdrawal.

ARTICLE 7 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

7.1 In line with the BUYER's requests before ordering, the right of withdrawal cannot be exercised for products/products that gain special qualities through modifications, changes, or additions made in accordance with the personal needs of the BUYER. The BUYER cannot exercise the right of withdrawal for contracts other than those specified in the "Regulation on Distance Contracts" together with similar contracts, within the scope of consumer protection.

7.1.1 Contracts related to goods or services whose prices vary depending on fluctuations in financial markets and which are not under the control of the seller or supplier.

7.1.2 Contracts related to goods produced in line with the consumer's requests or personal needs. For products for which it is stated that production is specific to the person in the product description, it is not possible to make a return because it is a special production.

7.1.3 Contracts related to the delivery of perishable or expired goods.

7.1.4 Contracts related to the delivery of goods that are not suitable for return in terms of health and hygiene, the protective elements such as packaging, tape, seal, package of which have been opened after delivery.

7.1.5 Contracts related to the delivery of goods that are mixed with other products after delivery and cannot be separated by their nature.

7.1.6 Contracts related to books, digital content, and computer consumables presented in a material environment after delivery when the packaging, tape, seal, package are opened.

7.1.7 Contracts related to the delivery of periodicals such as newspapers and magazines except those provided within the scope of a subscription agreement.

7.1.8 Contracts related to services provided within a certain date or period, such as accommodation, goods transportation, car rental, food-beverage supply, and entertainment or leisure purposes.

7.1.9 Contracts related to services that are performed instantly in electronic environment or the delivery of non-material goods to the consumer instantly.

7.1.10 Contracts related to services that have been started to be performed with the consumer's approval before the expiration of the right of withdrawal.

ARTICLE 8 - AUTHORIZED COURT

8.1 Turkish Law shall apply in the interpretation and implementation of this Agreement and in all disputes arising out of this Agreement.

8.2 In case of any disputes arising from the application of this Agreement and the interpretation of this Agreement, the BUYER has the right to apply to the Consumer Arbitration Committees up to the value declared by the Ministry of Customs and Trade in the context of Law No. 6502; in disputes exceeding this value, the BUYER has the right to apply to the Consumer Courts in Istanbul. The BUYER, by placing an order, is deemed to have accepted all the terms of this agreement.

SELLER

Lama Design Architecture.

BUYER