DISTANCE SALE AGREEMENT

 

INFORMATION FORM AND DISTANCE SALE AGREEMENT

1. Information on The Seller

Commercial Title: SGM DOĞAL TEKSTİL SAN. VE DIŞ TİC. LTD. ŞTİ.

Address: Sultan Selim Mahallesi Lalegül Sk. No:5 İç Kapı No: 34

34415 olacak  Kağıthane ISTANBUL / TÜRKİYE

Phone: +90 212 210 19 21

Email:[email protected]

2. Product Information

Unless stated otherwise on www.lalay.co ("Website"), the Product will be delivered to the cargo firm on behalf of the Buyer within 30 days at the latest following the Buyer's communicating his order over the Website and the Seller's collecting all of the amounts stated above. However, the Buyer will be informed on the date of delivery related to disruptions stemming from the supplier.

3. Payment and Delivery Terms

The Buyer will buy the Product over the Website with the terms and conditions stated in this Preliminary Information Form ("Form") and the Distant Sales Contract.

The Buyer will cover all the expenses stemming from the Product

The total amount stated above will be paid via credit card by the Buyer, upon placing an order on the Website.

The buyer must first make the above-mentioned payment for the Seller to fulfil its undertaken obligation stated in this form. The obligation of delivery will start upon collection of the payment in full and availability of the Product in stock. In case the above-mentioned amount is not paid in time for any reason, or payment is cancelled by the relevant bank, the Seller will be deemed to be released from its obligation of Product delivery.

4. Validity Period

Prices listed and announced on the Website are sales prices. Announced prices and promises are valid until there is an update and they are replaced, or product stocks are exhausted. Prices announced as time-limited are valid until the end of the stated period. After the validity period, the Seller will not be bound by the information and promises given in this Form.

5. Right of Withdrawal

The buyer shall act bona fide and conscious about the fact that our products are produced in hand-loomed machines, customised and Taylor-made products are non-returnable. We kindly request our customers to bare in mind the a/m issue before buying from our webshop.

6. Venue

The Buyer can apply to the consumer issues arbitration committee or consumer court at the place he purchased the product or his place of residence for his complaints and objections within monetary limits determined by the Ministry of Customs and Commerce in December every year.

Distant Sales Contract

1. Subject of the Contract and Parties

This Distant Sales Contract ("Contract") determines the rights and obligations of the parties concerning the purchase of the product ("Product") by the buyer ("Buyer"), whose details are in the Preliminary Information Form ("Form") over the website called www.lalay.co  operated by [SGM DOĞAL TEKSTİL SAN. VE DIŞ TİC. LTD ] ("Seller").

2. Delivery of Products

2.1.The product chosen and requested for purchase over the Website by the Buyer will be delivered to the delivery address stated by the Buyer or to the person/institution at the shown address. Details regarding the delivery period (duration etc.) These are arranged on the Website.

2.2.If the product will be delivered to a person/institution other than the Buyer, the Seller cannot be held responsible in case the person/institution of delivery does not accept delivery.

2.3.The Buyer is responsible for checking for any flaw in the Product upon taking delivery of the Product, and in case of a flaw, not accepting the Product and having the cargo employee draw up a record. Otherwise, the Seller will not be responsible in any way for the said fla However, if the flaw of the Product is presented to the attention of the Buyer upon buying the Product, this condition is considered to be known by the Buyer, and in this case, the Buyer is not entitled to the right of return for the flawed product arranged in this clause.

2.4. Upon the receipt of the product if any flaw derived from manufacture is detected, the Buyer is responsible to record this by photo and inform to the Seller within 3 days of the delivery of the product.

2.5. The Seller is not responsible of any transport or duty charges to the Buyer upon the delivery of the product, in the Buyer’s or The Seller country.

2.6  The buyer may be required to pay import or/and custom duties or according their residence country any kinds of domestic extra taxes.  The Seller will not be responsible for any kinds of these charges.

3. RETURN OF PRODUCT

3.1 As a company policy Seller does not accept any product return. The only exception is for the unused products with flaws derived from manufacturing. This must be informed to the Seller upon receipt and checked by the Buyer within 3 days as per conditions mentioned in Clause 2.4.

3.2.In case of flawed product is detected, the Seller will not accept any physical return of the product. Instead, the Seller will create either a Credit account for the Buyer to be used in the next order or exchange by another product confirmed by the Buyer.

3.3 In case the Buyer does not accept the conditions mentioned in Clause 3.2, the Seller will attempt to return the Product price to the credit card of the Buyer within 14 (fourteen) business days following the Buyer’s information under the conditions mentioned in Clause 2.4.

3.4 The Seller is responsible to return the purchase amount back to the Buyer only under the condition mentioned in Clause 3.3 after all expenses derived by the bank commissions are taken.

The Seller will not be responsible for disruptions stemming from the bank in return for the price.

4. Method of Payment

4.1.As forward sales are only made via credit cards belonging to Banks, the Buyer agrees, declares and undertakes that he will confirm the relevant interest rates and information on default interest separately from his bank and that provisions on interest and default interest will be implemented in accordance with provisions of the legislation in force within the scope of the credit card contract between the Bank and The Buyer.

4.2.Deferred/instalment opportunities offered by institutions giving credit cards, instalment cards etc. such as banks and financial institutions are opportunities of instalment offered by a credit institution or the mentioned institution directly; Product sales made within this scope in which the Seller collects the price in full are not considered instalment sales with regard to parties to this Contract, they are cash sales.

4.3.The Buyer is responsible for transactions made by the Buyer via credit card, and the Buyer may not claim invalidity of these transactions. All kinds of damages to be incurred by the Seller as a result of these transactions will be compensated including ancillaries by the Buyer.

5. General Provisions

5.1.The Buyer agrees that reading the basic qualities, sales price and method of payment of the product shown on the Website, as well as preliminary information on delivery and the Form and gave the confirmation required for sales on the electronic environment.

5.2.Product sale to be made over the Website is not an offer, and Products shown on the Website are subject to availability.

5.3.In case it becomes impossible for the Seller to procure the Product, the Seller notifies the Buyer about these circumstances and if the Buyer does not demand a substitute product, the Seller returns the total price to the Buyer. Or, the gift/shopping check opportunities offered on the Website may be offered to the Buyer at the Buyer's option.

5.4.As a condition, this Contract must be approved by the Buyer and the price stated in the form must be collected in full by the Buyer for delivery of the Product. In case the Product price is not paid or cancelled in bank records for any reason, the Seller will be considered to be released from its obligation of Product delivery.

5.5.Packaging, cargo expenses  will be covered by the Seller. Delivery will be made via the contracted cargo company  to the above-mentioned address of the Buyer. Even if the Buyer is not in his address at the time of delivery, our Company will be deemed to have fulfilled its deed fully and completely. For this reason, all kinds of damages to stem from the Buyer's late receipt of the Product and expenses to be incurred owing to the Product's staying at the cargo company and/or the cargo being returned to our Company will also be covered by the Buyer. In case the order is cancelled before the ordered Product is delivered to cargo, packaging, cargo and delivery expenses will be returned to the Buyer either as a Credit Amount created to be used in the next order or cash. Otherwise, packaging, cargo and delivery expenses will not be returned.

5.6.In case the Product cannot be delivered as soon as possible owing to a state of emergency (weather, earthquake, flood, fire, etc.) other than normal sales conditions and the delay is likely to exceed 30 days, the Seller informs the Buyer regarding delivery. In this case, the Buyer may cancel the order, order a similar product or wait until the end of the state of emergency. In order cancellations, if the Product price was collected, the price will be returned to the Buyer within 14 business days from the cancellation or a Credit Account will be created to use in the next order.

5.7.The Buyer declares and undertakes that the personal information and other information he gave over the Website are correct and that he will immediately compensate the Seller for all damages incurred owing to misrepresentation of this information including ancillaries

5.8.The Seller may record indefinitely, save by itself, process, share with third persons in cases deemed necessary and use the personal information and other information submitted by the Buyer for carrying membership procedures of and updating the Website, offering and selling various products/services by the Seller, collection of product/service fees-expenses and various promotion-advertisement, communication, sales-marketing and card applications.

5.9.In case the Buyer does not have the capacity of consumer-defined in the Law on the Protection of the Consumer, the Buyer will not have the rights accorded to the consumer (right of withdrawal, etc.) in accordance with the relevant legislation stated in this Contract and the Preliminary Information form.

6. Validity of Seller Records

The Buyer agrees, declares and undertakes that electronic and system records, commercial records, book records, microfilms, microfiche and computer records held by the Seller in its own database and servers will constitute reliable, binding, definite and exclusive proof in potential disputes, that it releases the Seller from the offer of oath and that this clause constitutes an evidential contract in the sense in Article 193 of the Law of Civil Courts

7. Settlement of Disputes

The Buyer can apply to the consumer issues arbitration committee or consumer court at the place he purchased the product or his place of residence for his complaints and objections within monetary limits determined by the Ministry of Customs and Commerce on December every year.

The Buyer agrees and undertakes that he read and accepted this form.

SELLER: SGM DOĞAL TEKSTİL SAN. VE DIŞ TİC. LTD. ŞTİ.

BUYER://

DATE:

 

 

 

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