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  • Distance Sales Agreement

    DISTANCE SALES AGREEMENT

    ARTICLE 1

    PARTIES

    1.1 SELLER:

    BUSINESS TITLE

    :

    CAPPI LUCCA

    ADDRESS

    :


    TELEOPHONE

    :


    ADDRESS

    :


    1.2 BUYER:

    1.3 PRODUCT FEATURES:

    1.4 DELIVERY PRICE OF THE PRODUCT INCLUDING ENTIRE TAXES 

    ARTICLE 2 

    SUBJECT

    The subject of this agreement is to determine the rights and obligations of the parties regarding the sales and delivery of the product of which the qualifications and sales price are specified below where the BUYER makes the order electronically at www.cappilucca.com website of the SELLER in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts Implementation Principles and Procedures. 

    ARTICLE  3 

    AGREEMENT PRODUCT 

    Product Variety and Type, Quantity, Brand/ Model, Color and Sale Price and Delivery Information are as stated below.

    Description Quantity Including VAT Price Sub Total

    ARTICLE 4 

    GENERAL PROVISIONS

    4.1 ) The BUYER declares that it has the knowledge and gives the necessary confirmation electronically by reading the preliminary information regarding  the basic characteristics of the agreement product, the sales price and payment method including all taxes, the delivery and the costs to be covered by the BUYER, the period of delivery and the full trade name, open address and contact information of the SELLER on the cappilucca.com website.

    BUYER;

    Agrees and approves by confirming this Agreement electronically that before the conclusion of the distance agreements, it has obtained the address, the basic features of the products ordered, the price of the products including taxes, the payment and delivery information in a correct and complete manner which is necessary to be provided by the Seller to the Consumer

    The parties acknowledge and declare that they accept the terms and conditions of this Agreement, as well as the provisions of the Law on Consumer Protection No. 4077 and the Regulation on Distance Contracts published in the Official Gazette No. 27866 dated 06.03.2011 and they shall act in accordance with said provisions. 

    4.2 ) The agreement product is delivered to the BUYER or the person/ organization at the address indicated by the buyer within the specified period in the preliminary information on the website for each product  depending on the distance of the BUYER's place of residence, provided that the period does not exceed 30 days from the date of the order. Entire cargo charges related to the delivery indicated in Article 3 shall be covered by the BUYER and shall be included under the name of "Delivery Fee" on the invoice for the order.

    4.3 ) In the event of the delivery of the agreement product to another person/ organization other than the BUYER, the SELLER shall be held responsible if the person/ organization to receive the product does not accept the delivery.

    4.4 ) The SELLER shall be held responsible for the failure of the delivery of the ordered product to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER.

    4.5 ) The SELLER is responsible for delivering the agreement product in a sound, complete manner, in accordance with the specifications specified in the order along with warranty documents and user manuals, if any.

    4.6 ) The SELLER may supply a different product of equal quality and price to the BUYER before the agreement performance obligation expires, provided that it is justified.

    4.7 ) In the event that the SELLER fails to fulfill the obligations arising from the agreement  in case that the fulfillment of the product or service subject to the order becomes impossible,

    this situation is notified to the consumer before the agreement performance obligation expires, and if it is available in stocks of the seller, it may supply a different product of equal quality and price to the BUYER.

    4.8 ) The SELLER reserves the right to supply different products of equal quality and price in order to fulfill the agreement obligation in the event that supplying the ordered product and/ or service becomes imposibble at the end of the campaign period, however, the Consumer agrees that the SELLER, who notifies it of the fact that the product it has purchased cannot be supplied due to not being available in stocks, has the right to return the price of the product before the performance obligation expire. Although the consumer is informed that the product is not available in stock, it shall not be able to make a request for a different product of equal quality and price instead of a refund.

    4.9 ) For the delivery of the agreement product, the signed copy of this agreement must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. In case, for any reason, the product price is not paid or are canceled by the bank, the SELLER shall be deemed to be free from the obligation to deliver the product.

    4.10 ) In the event that the relevant bank or financial institution does not pay the price of the product to the SELLER after the delivery due to use of the credit card, bank card, debit card, debit card and/ or Ininal card and other payment systems offered on the Internet Site by unauthorized persons unfairly or illegally which is not caused by the BUYER's fault, the BUYER is obliged to return the product to the SELLER within 3 days, provided that it has been delivered to him. In this case, shipping costs shall belong to the BUYER.

    4.11 ) The SELLER is obliged to inform the BUYER in case the agreement product cannot be delivered within due time due to situations such as force majeure or extraordinary circumstances such as adverse weather conditions that prevent delivery. In this case, if the BUYER cancels the order, the amount paid shall be returned to it fully paid in cash within 10 days. In the payments made by the BUYER with credit card, bank card and/ or debit card and other payment systems offered on the Website, the product amount is returned to the relevant bank within 7 days after the order is canceled by the BUYER. For payments made with the Ininal Card, the product amount is returned to the user's Innial Card account within 24 hours after the order is canceled by the BUYER. The inclusion of this amount on the BUYER accounts, after the return of said amount to the bank and / or the Ininal Card account, is entirely related to the bank and/ or Ininal Card transaction process and it shall not be possible for the SELLER to intervene in this matter in any way.

    4.12 ) Entire articles of this agreement have been mutually read and accepted by the Buyer and the Seller, and this agreement shall enter into force as of the date of approval by the Buyer electronically.

    RIGHT OF WITHDRAWAL

    The BUYER has the right of withdrawal without any reason within 14 days from the delivery of the agreement product to itself or to the person/ institution at the address indicated. In order to exercise the right of withdrawal, the SELLER must be notified by fax, telephone or e-mail within 14 days and the product must not be used in accordance with the provisions of Article 6 and it must be available for resale by the SELLER. In the event that said right is exercised,

    a ) Invoice of the product delivered to the 3rd person or the BUYER (If the invoice of the product to be returned is issued to an institution, it must be sent with the return invoice issued by the institution when returning it. Order returns, of which the invoices are issued on behalf of the institutions, cannot be completed unless the RETURN INVOICE is issued.) 

    b) Return form,

    c) Products to be returned within 14 days must be delivered in a complete and undamaged manner along with the box, packaging, standard accessories, if any. The product price is returned to the BUYER within 7 days following the receipt of such documents to the SELLER. The cargo cost of the returned product for any reason shall be covered by the SELLER.

    While the product is returned to the SELLER, the original invoice submitted to the BUYER during the delivery of the product (in order to ensure consistency in our accounting records) must also be returned, if the invoice is not sent to the SELLER with the product or within 5 days after the product is sent, the refund shall not be processed, the product shall be sent back to the BUYER in the same way as collect call. On the invoice to be returned with the product, the phrase "return invoice" shall be written and signed by the BUYER.

    ARTICLE 6 

    PRODUCTS WHERE RIGHT OF WITHDRAWAL SHALL NOT BE EXERCISED

    10.1 ) In the event that the distance agreement is related to the sale of goods, the BUYER may use the right of withdrawal from the agreement by rejecting the product delivered to it or to the person/ organization at the address indicated, within 14 (fourteen) days from the date of delivery, without undertaking any legal or penal liability and without any justification, provided that the SELLER is notified.

    In distant agreements regarding service provision, this period starts from the date the agreement is signed. Before the right of withdrawal expires, the right of withdrawal cannot be exercised in service contracts, which are initiated with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. The BUYER agrees in advance that it has been informed about his right of withdrawal by  accepting this agreement.

    10.2 ) In order to exercise the right of withdrawal, the SELLER must be notified by fax, certified mail or e-mail within 14 days and the product must not be used in accordance with the provisions of ‘‘Products where right of withdrawal shall not be exercised’’. In the event that said right is exercised,

    a ) Invoice of the product delivered to the 3rd person or the BUYER (If the invoice of the product to be returned is issued to an institution, it must be sent with the return invoice issued by the institution when returning it. Order returns, of which the invoices are issued on behalf of the institutions, cannot be completed unless the RETURN INVOICE is issued.) 

    b) Return form,

    c ) Products to be returned must be delivered in a complete and undamaged manner along with the box, packaging, standard accessories, if any 

    d ) The SELLER is obliged to return the total amount and the documents that put the BUYER under debt to the BUYER within 10 days from the receipt of the withdrawal notice and to receive a financial return within 20 days.

    e ) If there is a decrease in the value of the goods due to a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is liable to compensate the damages of the SELLER at the rate of fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the product or product within the period of right of withdrawal.

    f ) If the campaign limit amount set by the SELLER is decreased due to the exercise of the right of withdrawal, the discount amount benefited within the scope of the campaign is canceled. 

    ARTICLE 7 

    DEFAULT AND LEGAL CONSEQUENCES

    In the event that the BUYER goes into defaults on the transactions made by the credit card, it shall pay interest and be liable to the bank within the framework of the credit card agreement made with the bank itself. In this case, the relevant bank can apply for legal remedies; may request the expenses and the counsel's fee from the BUYER and under all circumstances, in the event that the BUYER goes into default due to its debt, the BUYER agrees to pay the loss and damage of the Seller due to the delayed performance of the debt.

    In cases where the default of the BUYER is caused by the SELLER's fault, the BUYER shall not be obliged to cover any loss or damage claims.

    ARTICLE 8 

    COMPETENT COURT

    In the implementation of this afreement, Consumer Arbitration Committees up to the value declared by the Ministry of Customs and Trade and Diyarbakır- Turkish Courts located in the place of residence of the SELLER are authorized.

    In the event that the order is approved, the BUYER is deemed to have accepted all the terms and conditions of this agreement.

    PARTIES

    SELLER

    Cappi Lucca