Online Selling Contract
Address of DEUX LAPINS LIMITED: FLAT 24 FITZCLARENCE HOUSE, 175-177 HOLLAND PARK AVENUE
KENINGSTON, LONDON – W11 4UL
TEL: +44 790 922 09 02
Email: [email protected], [email protected], [email protected]
ARTICLE 2 – SUBJECT OF THE CONTRACT:
The subject of this contract is to define the rights and liabilities of the parties in accordance with the articles of Law Nr. 4077, on the Protection of Consumers and the Regulation on Implementation of Distance Sale, regarding the sale and delivery of the Buyer’s goods and services, the qualifications and sales prices of which are defined in the contract, ordered online from dev.2lapins.com website, by the Buyer. In accordance with the terms and conditions of this contract, the Buyer agrees and acknowledges that he/she has all preliminary information on the basic qualifications, selling price, form of payment, delivery conditions, etc. related to the goods/services subject to the purchase and that he/she has the right to “retract”, and that he/she has previously accepted these information in digital media and then ordered the said goods/services. The preliminary information on the payment page of the dev.2lapins.com and the invoice are integral parts of this contract.
ARTICLE 3 – DATE OF THE CONTRACT:
This contract issued in two copies has been signed by the Seller in advance and signed on this day of [date] by the Buyer and one signed copy will be emailed to the Buyer.
ARTICLE 4 – DELIVERY OF GOODS/SERVICES, PLACE OF PERFORMANCE, AND FORM OF DELIVERY:
As ordered by the Buyer, the goods/services will be delivered to [shipping-customer-username] at this address [shipping-address].
ARTICLE 5 – SHIPPING CHARGES AND DELIVERY:
Shipping charges are to be borne by the Buyer. Unless the Seller has declared on its website that the shipping charges of orders that exceed a certain value will be borne by the Seller or has offered free shipping as part of a campaign, shipping charges will be for the account of the Buyer. Goods/services will be delivered if the stocks are available and after the payment is deposited in the Seller’s bank account. The Seller delivers the purchase by a cargo company within 7 (seven) days after the order is confirmed and reserves the right to extend this period, up to an additional 15 (fifteen) days with written notice. If, for any reason, the payment for the goods/services is not made, or cancelled in bank records, the Seller is relieved of the liability to deliver the goods/services.
ARTICLE 6 – DECLARATIONS AND RESPONSIBILITIES OF THE BUYER
The Buyer will examine the goods/services subject to the contract before accepting them from the cargo company and will not accept from the cargo company the goods/services that are damaged, defected, have torn packages, etc. Any goods/services so accepted will be deemed to be undamaged and in good condition. It is the buyer’s responsibility to protect the goods/services after delivery. If the right to retract will be exercised, then the goods/services must not be used. The invoice must be returned. In the event that the bank or the finance institution does not pay the amount of the goods/services to the Seller, after the delivery of the goods/services, due to fraudulent and illegal use of the Buyer’s credit card by unauthorized persons, without the fault of the Buyer, the Buyer will return the goods/services to the Seller within 3 (three) days, in the condition that they have been delivered to him/her. In such a case, the shipping costs will be borne by the Buyer.
ARTICLE 7 – THE DECLARATIONS AND RESPONSIBILITIES OF THE SELLER:
The Seller is responsible for delivering the goods/services subject to the contract in full, good condition and in accordance with the specifications stated in the order, also including the warranty certificates and user’s manuals, if applicable. If the subject goods/services are requested to be delivered to a person/institution other than the Buyer, the Seller cannot be held responsible for the recipient’s (person/institution) rejection of the goods/services. The Seller will return the amount of the goods/services within 10 (ten) days after receipt of the declaration of retraction, together with the valuable documents/papers, if any. The Seller will receive the returned goods/services within 20 (twenty) days. In the presence of justifiable reasons, the Seller may provide the buyer with goods/services of equal quality and price within the period of performance stated in the contract. If the Seller determines that the delivery of the goods/services has become impossible, then the Seller will inform the Buyer of this situation before the validity period of the contract is over. The effected payments and valuable documents, if any, will be returned within 10 (ten) days.
ARTICLE 8 – SPECIFICATIONS OF THE GOODS/SERVICES SUBJECT TO THE CONTRACT:
The goods’ or the services’ types, quantities, brands and models, colors and prices, inclusive of all taxes are as stated on the goods/services information pages of the website dev.2lapins.com and on the invoice which is an integral part of this contract.
ARTICLE 9 – CASH PRICES OF GOODS/SERVICES
The cash prices of the goods/services are stated on the proforma invoice emailed to the Buyer in confirmation of the order and the commercial invoice subsequently sent to the Buyer.
ARTICLE 10 – DEFERRED PAYMENT PRICES OF GOODS/SERVICES
The prices of the goods/services determined according to the deferred payment terms are stated on the proforma invoice emailed to the Buyer in confirmation of the order and the commercial invoice subsequently sent to the Buyer.
ARTICLE 11 – INTEREST RATES
The interest rates applied cannot exceed the interest rates determined by the Government of the Republic of Turkey annually, and cannot exceed 30% per annum in any case. The Buyer will be held liable against the bank he/she works with.
ARTICLE 12 – DOWN PAYMENT
The amount of down payment for the goods/services is stated on the proforma invoice emailed to the Buyer in confirmation of the order and the commercial invoice subsequently sent to the Buyer.
ARTICLE 13 – PAYMENT PLAN
In the event that the buyer chooses the payment by credit card option and prefers to pay in installments, the payment plan he/she has selected on the website will be valid. The terms and conditions of the credit card agreement signed between the Buyer and the bank that has issued the credit card he/she uses, shall be applicable in the payment plan. The credit card payment terms are also defined by the terms and conditions of the credit card agreement signed between the Buyer and the bank. The Buyer can follow the terms and number of payments from the bank statement.
ARTICLE 14 – RIGHT TO RETRACT
The Buyer reserves the right to retract within 7 (seven) days following the delivery of the goods/services to himself/herself, or the person/company he/she has authorized. To exercise the right to retract, the Buyer will inform the customer services of the Seller by email or phone, and also the goods/services must be unused, as per article 15 and the preliminary information published on dev.2lapins.com, which is an integral part of this contract. In the event that this right is exercised, the Buyer is required to return the original commercial invoice pertaining to the goods/services delivered to the Buyer or a third party. The amount of the goods/services will be returned to the Buyer within 7 (seven) days and the goods/services will be reclaimed within 20 (twenty) days following receipt of the notification that the right to retract will be exercised. If the original invoice is not returned, the VAT and any other applicable legal liabilities will not be returned to the Buyer. The shipping charges related to the return of the goods/services due to the right to retract will be borne by the Seller.
ARTICLE 15 – GOODS/SERVICES EXCLUDED FROM THE RIGHT TO RETRACT
The goods/services that cannot be returned due to their nature are, perishable goods and goods/services that have expired, disposable goods/services, hygienic goods/services, and all kinds of reproducible software and programs. Moreover, in order to exercise the right to retract for various media (DVD, CD, etc.), consumable products for computers and stationery (cartridges, toners, tapes, etc.) and cosmetic products, the goods/services as well as their packaging must be intact, undamaged and unused.
ARTICLE 16 – DEFAULTS AND LEGAL CONSEQUENCES
In the event that the Buyer defaults on credit card payments, he/she will pay interest in accordance with the credit card agreement he/she has made with the bank and will be liable against the bank. In this case, the bank may take legal action against and demand compensation of all related costs and fees of counsel from the Buyer and in any case, if the Buyer is on default, the Buyer agrees to pay the Seller’s damage due to delayed payment of the debt.
ARTICLE 17 – VALIDITY OF THE CONTRACT
Deux Lapins reserves the right to make amendments in the terms and conditions of the contract whenever necessary.
ARTICLE 18 – APPLICABLE LAW
In case of disputes that may arise due to this contract, the Consumers’ Arbitration Boards are competent up to a certain value determined by the Ministry of Industry and Commerce, the Consumers’ Courts beyond that value and the Civil Courts where the Consumers’ Courts do not exist.