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PRELIMINARY INFORMATION FORM AND DISTANCE SALES AGREEMENT

PRELIMINARY INFORMATION FORM AND DISTANCE SALES AGREEMENT

 

ARTICLE 1- PARTIES 

1.1- SELLER:

Title : Mufing Food and Informatics Trade LTD STI
Address : Gaziosmanpaşa neighborhood Iran Street 21/334 Karum Mall
Phone : +90 532 515 41 33
E-mail: laliberta@laliberta.com.tr

MERSIS NO:
0623147364400001
1.2- BUYER: 


Name/Surname/Title: {DELIVERER}
Address: {DELIVERY ADDRESS}
Phone: {DELIVE TELEPHONE}
E-mail: {DELIVERY MAIL}

 
ARTICLE 2 - SUBJECT

 
The subject of this contract is the Law No. 6052 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has ordered electronically from the "www.laliberta.com.tr" website belonging to the SELLER. RG:27.11.2014/29188)  covers the rights and obligations of the parties in accordance with the provisions. By accepting this preliminary information form, if the BUYER approves the order subject to the contract, the price of the order and, if any, shipping fee, tax, etc. accepts in advance that it will be under the obligation to pay the additional fees and that it has been informed about it.


ARTICLE 3- CONTRACT PRODUCT 

Date : {DATE}

 

Payment method: {ODEMETIPI}

Delivery address: {DELIVERY ADDRESS}

Total {ODENENTUTAR} with {ODEMETIPI}

 


The products (type, quantity, brand/model, color, number) are published on the website of the SELLER. If the campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign. It is valid until the date of the campaign. The prices listed on the product price 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. The invoice will be delivered with the order to the invoice address specified by the BUYER during the delivery of the order.


 
Payment method: {ODEMETIPI}


Delivery address: {DELIVERY ADDRESS}

 

ARTICLE 4-GENERAL PROVISIONS


4.1- The BUYER declares on the {FIRMAUNVAN} website that he has read the preliminary information about the basic characteristics, sales price and payment method and delivery of the product subject to the contract and has given the necessary confirmation electronically. BUYER; Confirmation of the Preliminary Information in electronic environment, before the establishment of the distance sales contract, the address where the delivery will be made by the SELLER to the BUYER, the basic features and terms of use of the ordered products, the price of the products including taxes, payment and address information are accepted by the BUYER in an accurate and complete manner. means that he accepts in advance what he has declared and committed.


4.2-The SELLER, without prejudice to the circumstances in which the performance of the goods or services subject to the order becomes impossible, the product subject to the contract, on the condition that it does not exceed the legal 30 (thirty) day period, for each product, depending on the distance of the BUYER's place of residence, within the period announced on the website. or delivered to the person/organization at the address indicated. 


4.3- If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery. 


4.4- The SELLER is responsible for the delivery of the contracted product in a sound, complete, in accordance with the qualifications specified in the order and with warranty documents, if any. The terms of use are public on the website and the BUYER is deemed to have accepted the terms with this form.


4.5- For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the goods or services. 


4.6- In case the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, not due to the BUYER's fault, after the delivery of the product, provided that the product has been delivered to the BUYER. It must be sent to the SELLER within 3 days. In this case, shipping costs and any EFT cost will belong to the BUYER. 

 

4.7 If the SELLER cannot fulfill its contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, it shall notify the consumer in writing within 7 working days from the date of learning, and shall return the total price to the BUYER within 14 working days. commits. 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 3 to 4 weeks on average to reflect the amount returned to the credit card by the SELLER to the BUYER's account by the bank. accepts, declares and undertakes that it cannot be held responsible.


4.8- SELLER force majeure or weather opposition preventing transportation, interruption of transportation, epidemic disease, curfew, coup, natural events, fire, explosion or extraordinary weather conditions, war, terror, occupation, revolution, legal and administrative regulations, prohibitions, embargoes If the company cannot deliver the product subject to the contract in due time due to emergency national and regional events, strikes, lockout terrorist acts, quarantine, natural disasters that prevent all kinds of communication and transportation, and extraordinary circumstances for which it cannot be held responsible despite showing the necessary care, 7 ( is obliged to notify the BUYER within three) business days. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. In the event that the BUYER cancels the order, the amount paid is paid to him in cash and within 7 (seven) business days within the scope of the transfer, and within 30 (thirty) days within the scope of payment by credit card, depending on the payment method. 


4.9- Defective or damaged products, which are products sold with a warranty certificate or not, can be sent to the SELLER for the necessary repair within the warranty conditions, in which case the shipping costs will be covered by the SELLER. 

 

ARTICLE 5- LIABILITY FOR DAMAGES

 

5.1 The SELLER is responsible for any losses and damages that occur until the goods are delivered to the consumer or a third party to be determined by the consumer other than the carrier. The BUYER accepts and undertakes to inspect the contracted goods/services before receiving them. If the product is dented, broken, the packaging is torn, etc., before receiving it. damaged and defective goods / services will not be received from the cargo company. The goods/services received from the SELLER shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services sent should not be used within the scope of hygiene.

 

In the event that the BUYER receives the product, the BUYER must keep a record with the cargo company for the loss and damage of the product, stating that the BUYER has received the product as damaged.

 

5.2 In the event that the consumer requests the goods to be sent with another carrier other than the carrier determined by the seller, the BUYER is responsible for any loss or damage that may occur after the delivery of the goods to the relevant carrier.


ARTICLE6-RIGHT OF WITHDRAWAL 


6.1 The BUYER has the right to withdraw from the contract without giving any reason and without paying any penalty within 14 (fourteen) days from the delivery of the product subject to the contract to himself or the person/organization at the address indicated. The buyer may also use his right of withdrawal within the period until the delivery of the goods. In order to exercise the right of withdrawal, the SELLER must be notified by fax, e-mail or telephone within this period and the product must not be used within the framework of the provisions of Article 7. In case this right is exercised, it is obligatory to return the original invoice and a copy of the cargo delivery report stating that the product delivered to the 3rd person or the BUYER has been sent to the SELLER. In case the lost and damaged goods are delivered to the BUYER, it is obligatory to send the damage assessment report to the SELLER in addition to these documents. Following the receipt of these documents, the product price is returned to the BUYER within 7 (seven) business days within the scope of the transfer, and within 30 (thirty) days within the scope of payment by credit card. If the original invoice is not sent by the BUYER; VAT and other legal obligations, if any, are non-refundable. The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER if it is sent with the cargo company agreed by the SELLER. 

 

6.2 As long as the BUYER sends the goods to be returned to the SELLER with the contracted cargo company of the SELLER specified in the Preliminary Information Form, the return shipping cost belongs to the SELLER. In case the BUYER sends the goods to be returned by a cargo company other than the contracted cargo company of the SELLER specified in the Preliminary Information Form, the SELLER is not responsible for the return shipping cost and the damage to the goods during the shipping process. If the product is damaged under this condition, no refund will be made.

 

6.3 The products to be returned by the BUYER must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.

 

6.4 If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses at the rate of his fault.


ARTICLE 7- PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL 

 

Unless otherwise agreed by the parties in accordance with the legislation, the consumer cannot use the 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 have been 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 the 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.

The right of withdrawal cannot be exercised for products that cannot be returned due to their nature, disposable products, copyable software and programs. The use of the right of withdrawal in the following products is subject to the condition that the packaging of the product is unopened, intact and the product is unused. 

-Portable Computer (No refund will be accepted after the original operating system is installed.) 
-All kinds of software and programs 

-DVD, VCD, CD and tapes 

-Computer and stationery consumables (toner, cartridge, ribbon, etc.) 

-All kinds of cosmetics 

-Phone top up orders 

 

ARTICLE 8- USE OF THE SITE OF THE SELLER

 

8.1. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately, in cash and in advance, indemnify all damages incurred by the SELLER due to the inaccuracy of this information, upon the SELLER's first notification.

8.2. The BUYER accepts and undertakes in advance to comply with the provisions of the legal legislation and not to violate them when using the website of the SELLER. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.

8.3. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.

8.4. On the website of the SELLER, links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be provided. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.

8.5. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.

 


ARTICLE 9- COMPETENT COURT 


The BUYER can make his applications regarding complaints and objections to the arbitral tribunal at the place of official residence of the consumer or where the seller from which the consumer buys the goods or services, within the monetary limits specified in the following law  .

 

Below is the information regarding the monetary limit: Effective as of 01.01.2020 (RG: 31.12.2019/30995) 


According to Article 68 of the Law No. 6502 on the Protection of the Consumer, the value in applications to be made to the Consumer Arbitration Committees for 2020:

a) District Consumer Arbitration Committees in disputes under 6,920 (six thousand nine hundred and twenty) Turkish Liras,

b) Provincial Consumer Arbitration Committees in disputes between 6,920 (six thousand nine hundred and twenty) Turkish Liras and 10,390 (ten thousand three hundred and ninety) Turkish Liras in provinces with metropolitan status,

c) Provincial Consumer Arbitration Committees for disputes under 10,390 (thirteenthousandthreehundredandninety) Turkish Liras in the centers of provinces that are not in metropolitan status,

ç) Provincial Consumer Arbitration Committees are authorized in disputes between 6,920 (six thousand nine hundred and twenty) Turkish Liras and 10,390 (ten thousand three hundred and ninety) Turkish Liras in districts of provinces that are not in metropolitan status.

 

This contract is made for commercial purposes.

 

ARTICLE 10 - CASE OF DEFERRED 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 delayed performance of the BUYER's debt.

ARTICLE 11 - NOTICES AND EVIDENCE AGREEMENT

 

Any correspondence to be made between the parties within the scope of this Agreement will be made via e-mail, except for the obligatory cases listed in the legislation. The BUYER, in case of disputes that may arise from this Agreement, declares that the official books and commercial records of the SELLER, the electronic information and computer records kept in its own database and servers will constitute binding, definitive and exclusive evidence, and that this article will constitute an evidential contract within the meaning of Article 193 of the Code of Civil Procedure. accepts, declares and undertakes that

ARTICLE 12 – ENFORCEMENT

 

This Contract, which consists of 12 (twelve) articles, was concluded and entered into force as soon as it was read by the parties and approved by the BUYER in electronic environment.


SELLER  BUYER

{FIRMAUNVAN}       _cc781905-5cde1958_f31053bad_ccde1958dcf3105cb3 5cde-3194-bb3b-136bad5cf58d_ {DELIVERER}

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