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Sale Agreement

 Distance Sales Agreement

DISTANCE SALES AGREEMENT ARTICLE 1- PARTIES

1.1.  SELLER: luviloom.com

 

Title: SOLIVA TANITIM HIZMETLERI TIC. LTD. STI.

 

  Address: Merkez Mah. Nakiye Elgün Sok. No:52 Kat:2 Daire:5 Şişli-İSTANBUL

Customer Service contact: info@luviloom.com

 

Mersis (Central Registration System)/Tax Identification Number: Şişli T.O. 773 034 99 75

 

1.2. BUYER("CONSUMER"):

 

Name/Surname/Title:

 

Postal Address:

 

Phone:

 

E-mail:

 

TIN:

 

ARTICLE 2- SUBJECT

 

The subject of this agreement is to define the parties' rights and obligations in accordance with the provisions of Consumer Protection Law No. 6502 regarding the sale and delivery of the product described below, which the CONSUMER ordered electronically through the www.luviloom.com website.

 

ARTICLE 3 - DETAILS ABOUT THE CONTRACT PRODUCT, PAYMENT, AND DELIVERY

 

3.1- The description, quantity, sales price inclusive of VAT, mode of payment, and fundamental characteristics of the goods or services subject to the contract.

 

Product Name and Fundamental Characteristics Number Sale Price

 

3.2- Mode of Payment:

 

3.3- On the other hand, because forward sales are made exclusively through the Banks' credit cards, the CONSUMER shall confirm the applicable interest rates and information about default interest separately from the bank, and that the provisions regarding interest and default interest in accordance with current legislation are contained in the Bank's credit card agreement with the CONSUMER. accepts, declares, and commits to implementing it within the scope of

 

Additionally, because the Bank offers credit only to the CONSUMER, who is the Bank's Customer, the CONSUMER will confirm the applicable interest rates and information about default interest separately from the bank, and that interest and default interest provisions will be made between the Bank and the CONSUMER in accordance with applicable law. It acknowledges, declares, and agrees that it will be used in accordance with the terms of the Distance Shopping Loan agreement. Credit is extended and a detailed payment plan is created at the discretion of your bank.

 

3.4 - Return Policy:

 

When the CONSUMER exercises his right of withdrawal, or when the product subject to the order cannot be supplied for various reasons, or when the CONSUMER receives a refund pursuant to the arbitral tribunal's decisions, the return procedure for payment options is as follows:

 

a) Return Procedure for Credit Card Payment Options

 

If the purchase is made with a credit card and in instalments, the Bank will repay the CONSUMER in instalments, regardless of the number of instalments used to purchase the product. After the SELLER has paid the entire product price to the bank in one transaction, if the instalment expenditures made from the Bank's POS are returned to the CONSUMER's credit card, the Bank transfers the requested refund amounts in instalments to the bearer's accounts to avoid victimisation of the parties involved. If the return date and the card's account cut-off date do not coincide, 1 (one) refund will be reflected on the card each month, and the CONSUMER will pay the instalments paid prior to the return for an additional month after the sales instalments are completed, equal to the number of instalments paid prior to the return. receivables and will be deducted from existing debts.

 

In the event of a return of goods or services purchased with a card, the SELLER is unable to make a cash payment to the CONSUMER in accordance with the Bank's contract with the SELLER. In the event of a refund, the SELLER will process the refund using the appropriate software, and because the SELLER is required to pay the relevant amount to the Bank in cash or by deduction, the CONSUMER cannot be paid in cash in accordance with the procedure described above. The Bank will refund the credit card in accordance with the above procedure after the SELLER pays the Bank in full.

 

The CONSUMER acknowledges and warrants that he or she has read and understood this procedure.

 

b) Money Order/EFT Payment Options Return Procedure

 

The refund will be made via money order or electronic funds transfer, upon receipt of the CONSUMER's bank account information, to the account specified by the CONSUMER (the account must be in the name of the person at the billing address or in the name of the user member).

 

The SELLER immediately reimburses the bank for the full product price.

 

In the event of a return of goods or services received via money order/EFT, the SELLER is unable to make a cash payment to the CONSUMER in accordance with the Bank's contract with the SELLER. In the event of a refund, the SELLER will process the refund using the appropriate software, and because the SELLER is required to pay the relevant amount to the Bank in cash or by deduction, the CONSUMER cannot be paid in cash using the procedure outlined above.

 

The CONSUMER acknowledges and warrants that he or she has read and understood this procedure.

 

c) Procedure for Returning Payment Options Using Shopping Credits

 

The refund will be made via money transfer or electronic funds transfer to the account specified by the CONSUMER (the account must be in the name of the person at the billing address or the user member) upon receipt of the CONSUMER's bank account information.

 

The SELLER immediately reimburses the bank for the full product price.

 

In the event that goods or services purchased on credit are returned, the SELLER is unable to make a cash payment to the CONSUMER in accordance with the contract entered into with the Bank. In the event of a refund, the SELLER will process the refund using the appropriate software, and because the SELLER is required to pay the relevant amount to the Bank in cash or by deduction, the CONSUMER cannot be paid in cash in accordance with the procedure described above.

 

The CONSUMER acknowledges and warrants that he or she has read and understood this procedure.

 

3.5- Method of Delivery and Address:

 

Address for delivery:

 

Deliverer:

 

Address for billing purposes:

 

The CONSUMER is responsible for packaging, shipping, and delivery. The shipping fee is 0.00 - TL and is added to the order total. It is not included in the cost of the product. The delivery will be made personally at the CONSUMER's above-mentioned address by the contracted cargo company. Even if the CONSUMER is not present for delivery, our company will be deemed to have fully and completely fulfilled its obligation. As a result, the SELLER is not liable for any damages or expenses incurred as a result of the CONSUMER's late delivery and/or non-delivery of the product. The SELLER is responsible for the contracted product being delivered in a sound, complete manner, in accordance with the specifications specified in the order and with any applicable warranty documents or user manuals.

 

3.6. Fast and Easy Shopping: After the CONSUMER confirms the order, the CONSUMER clicks on the "APPROVAL" tab in the quick and easy shopping section on the "CONSUMER" order confirmation screen, and the customer enters the SMS verification activation code sent to the customer's registered mobile phone into the relevant section on the site within 180 seconds. In the event of entry, the courier company consents to the delivery address, payment selection, and information being recorded and stored under the heading "customer profile information." Relevant information collected with the consent of "CONSUMER" will be stored under "customer's profile information" and will be removed from "customer profile" upon CONSUMER request.

 

 

ARTICLE 4 – RIGHT OF WITHDRAWAL

 

The CONSUMER has the right to cancel this Distance Sales Contract with the SELLER within 14 (fourteen) days without providing a reason and without incurring any penalty. The right of withdrawal begins on the day the contract is formed in contracts for service performance and on the day the CONSUMER or a third party designated by the CONSUMER receives the goods in contracts for goods delivery. However, the CONSUMER may exercise his or her right of withdrawal during the period between the contract's conclusion and the delivery of the goods. In determining the withdrawal period;

 

a) For goods purchased as part of a single order but delivered separately, the day on which the CONSUMER or a third party designated by the CONSUMER receives the final goods.

 

b) In the case of multiple-piece goods, the day on which the CONSUMER or a third party designated by the CONSUMER receives the final piece.

 

c) In contracts for the delivery of goods on a regular basis over a specified period of time, the day on which the CONSUMER or a third party designated by the CONSUMER receives the first goods serves as the basis. Before your right of withdrawal expires, you may submit your withdrawal notification via the easy return option on your personal membership page on the Website. The carrier specified under the terms of your right of withdrawal is the cargo company to which the ordered product was delivered, and the details regarding the return are explained on your personal membership page on the Website under the easy return option.

In the following contracts, the consumer cannot exercise his or her right of withdrawal:

 

a) Contracts for goods or services whose prices fluctuate in response to financial market fluctuations and are not within the SELLER's or provider's control.

 

b) Contracts for the preparation of goods in accordance with the consumer's wishes or personal requirements.

 

c) Contracts for the delivery of perishable or out-of-date merchandise.

 

ç) Contracts for the delivery of goods whose protective elements, such as packaging, tape, seal, or package, have been opened following delivery and are therefore unfit for return for health and hygiene reasons.

 

d) Contracts for goods that, following delivery, become mixed with other products and cannot be separated due to their nature.

 

e) Contracts for books, digital content, and computer consumables offered in a material environment are void if protective elements such as packaging, tape, seal, or package are opened after the goods are delivered.

 

f) Contracts for the delivery of periodicals such as newspapers and magazines, with the exception of those covered by a subscription contract.

 

g) Contracts for lodging, transportation, car rental, food and beverage provision, and leisure time for entertainment or recreation that must be completed on a specific date or within a specified time period.

 

ğ) Contracts for instantaneous performance of services in an electronic environment or for the delivery of intangible goods to the CONSUMER.

 

h) Contracts for services that have begun to be performed with the CONSUMER's approval prior to the expiration of the CONSUMER's right of withdrawal.

 

If the CONSUMER selects the "Shopping Loan" payment option, the CONSUMER accepts, declares, and agrees that the CONSUMER's right of withdrawal from the Instant/Distance Shopping Loan Agreement will be exercised within the scope of the Bank's Instant/Distance Shopping Loan Agreement with the CONSUMER. Withdrawal by the CONSUMER from this Distance Sales Agreement with the SELLER does NOT automatically TERMINATE the Bank's Instant/Distance Shopping Loan Agreement. To withdraw from the Instant/Distance Shopping Loan Agreement, the CONSUMER must contact the lending Bank within the time periods specified in the Instant/Distance Shopping Loan Agreement, following the procedure specified in the Instant/Distance Shopping Loan Agreement. In this instance,

 

ARTICLE 5 - GENERAL PROVISIONS

 

5.1- The CONSUMER certifies that he has read the preliminary information about the contract product on the www.luviloom.com website and provided the required confirmation in an electronic environment.

 

5.2- The product will be delivered within 30 days of the contract's date of execution. The SELLER is solely responsible for the product until it is delivered.

 

5.3- If the product is to be delivered to a person/organization other than the CONSUMER, the SELLER is not liable if the recipient does not accept the delivery.

 

 

5.4- THE SELLER is responsible for delivering the contracted product safely, completely, and in accordance with the specifications in the order, as well as with warranty documents and user manuals, as applicable.

 

5.5- In order to receive the product covered by the contract, the price must be paid in the manner specified by the CONSUMER. If the product price is not paid or is cancelled in the bank records for any reason, the SELLER is deemed to be released from its obligation to deliver the product.

 

5.6- If the relevant bank or financial institution fails to pay the product price to the SELLER as a result of unauthorised persons using the CONSUMER's credit card following the delivery of the product, and not as a result of the CONSUMER's fault, provided that the product has been delivered to the CONSUMER. It is necessary to send it to the SELLER.

 

5.7- In the event of defective (defective, defective, etc.) products sold with or without a warranty certificate, or in the event of malfunction or deterioration within the scope of the warranty and conditions, the defective products may be returned to the SELLER for repair by an authorised service, with the SELLER covering the shipping costs.

 

5.8- In accordance with the general communiqué of the tax procedure law no. 385, the relevant sections of the invoice we sent you must be completed completely and returned to us along with the product after it has been signed in order for the refund to be processed.

 

5.9- The consumer, subject to compliance with the campaign's terms and conditions in full and on time, is entitled to participate in the campaign dubbed "bring the old-take away the new" on the Internet Site.

 

He/she accepts, declares, and agrees that he/she is affiliated with the campaign and that in order to benefit from the campaign, he/she must adhere to all campaign conditions stated on the website in their entirety and on time. In this case, the invoice for the purchased product will be issued after determining that the Consumer has complied with the campaign's conditions.

 

5.10- The Preliminary Information Form and the Distance Sales Agreement serve as a preliminary protocol for products whose sales are expected to be completed through official transactions conducted before the appropriate authorities. The total price of these products does not include the costs associated with completing the sale's official procedures. The CONSUMER will bear these costs during the course of conducting official transactions. These sales will be deemed completed upon compliance with official procedures before the appropriate authorities. In this context, provisions relating to withdrawal rights, cargo/delivery, and similar application areas will be inapplicable to these products.

 

 

ARTICLE 6 – DISPUTES AND AUTHORIZED COURTS

 

Turkish courts have jurisdiction over disputes arising out of this contract, and Turkish law applies.

 

To be valid within the Republic of Turkey, for disputes up to the annual value declared by the Ministry of Commerce, the Provincial or District Consumer Arbitration Committees in the location of the CONSUMER transaction or residence of the CONSUMER will be authorised; for disputes exceeding the annual value declared by the Ministry of Commerce, the Consumer Courts in the location of the CONSUMER transaction or residence of the CONSUMER will be authorised.


 

If the order is fulfilled, the CONSUMER is deemed to have accepted all of the contract's terms.

 

SELLER: SOLİVA TANITIM HİZMETLERİ TİC. LTD. ŞTİ.

 

BUYER ("CONSUMER"):