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DISTANT SALES AGREEMENT

DISTANCE SALE AGREEMENT

1. PARTIES

This Distance Sale Agreement (“Agreement”) was signed electronically by and between the Seller and the Buyer, the details of which are given below, LB Global Tekstil Ticaret Anonim Şirketi resident at Etiler Mahallesi Dilhayat Sokak No:24 Beşiktaş/İstanbul (“Seller”) and the person buying their products/services from the website www.lesbenjamins.com.

Parties agree, declare and undertake that they have read and understood this Agreement in its entirety and that they approve all its provisions.

SELLER:

Corporate Name of the Seller: LB Global Tekstil Ticaret Anonim Şirketi

Adress of the Seller: Etiler Mahallesi Dilhayat Sokak No:24 Beşiktaş/İstanbul

Mersis No of the Seller: 0608120424400001

E-mail Address of the Seller: global@lesbenjamins.com

Phone Number of the Seller: [·]

 

BUYER:

Full Name / Title of the Buyer:

 Delivery Address of the Buyer:

Phone Number of the Buyer:

E-mail Address of the Buyer:

 

 

The Seller and Buyer shall be referred to as “Party” individually and “Parties” jointly.

By purchasing products and services from the Seller, the Buyer accepts, declares and undertakes that he / she has read this Agreement in its entirety, understands its content in its entirety and approves all its provisions.  Likewise, the Seller declares and undertakes the following to the Seller.

 

2. ESTABLISHMENT OF THE AGREEMENT

·         THE BUYER ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTOOD THE AGREEMENT AND IS AWARE OF HIS/HER RIGHTS AND OBLIGATIONS.

·         THE PARTIES ACKNOWLEDGE THAT THERE IS NO DISPROPORTION BETWEEN THE PERFORMANCES AGREED BY THE AGREEMENT AND THAT THE MUTUAL PERFORMANCES ARE IN ACCORDANCE WITH THE NATURE OF THE WORK AND THAT THEY HAVE NO INEXPERIENCE IN THE SCOPE OF THE TRANSACTIONS COVERED BY THE AGREEMENT.

·         THE BUYER AGREES THAT IT HAS MADE A FULL DETERMINATION THAT THE TRANSACTIONS CONTEMPLATED UNDER THE AGREEMENT ARE IN ITS BEST INTERESTS AND THAT IT WILL COMPLY WITH ALL TERMS OF THE AGREEMENT OF ITS OWN FREE WILL, WITHOUT ANY DIFFICULTY OR INCONVENIENCE, THOUGHTFULLY, VOLUNTARILY AND KNOWINGLY.

·         THE PARTIES AGREE THAT THE PROVISIONS OF THE AGREEMENT DO NOT HAVE ANY CHARACTERISTICS THAT CAN BE CONSIDERED AS UNFAIR TERMS AND THAT THERE IS NO INJUSTICE IN TERMS OF THE BALANCE OF INTERESTS.

·         THE PROVISIONS OF THIS AGREEMENT DO NOT CONTAIN ANY UNFAIR TERMS IN ACCORDANCE WITH THE PROVISIONS OF THE REGULATION ON UNFAIR TERMS IN CONSUMER AGREEMENTS. THE PROVISIONS DO NOT CONTRADICT THE RULE OF HONESTY AND GOOD FAITH AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE LEGISLATION ON THE PROTECTION OF THE CONSUMER.

·         THE PROVISIONS OF THIS AGREEMENT HAVE BEEN PREPARED TAKING INTO ACCOUNT THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDING FORCE AND CONTENT CONTROL STIPULATED IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS HAS BEEN PERFORMED BY THE BUYER. NONE OF THE PROVISIONS OF THIS AGREEMENT ARE FOREIGN TO THE NATURE OF THIS AGREEMENT AND THE NATURE OF THE WORK (SURPRISING TERMS). THE PROVISIONS OF THIS AGREEMENT ARE WRITTEN IN A CLEAR AND UNDERSTANDABLE MANNER AND DO NOT EXPRESS MORE THAN ONE MEANING.

 

3. THE SUBJECT AND SCOPE OF THE AGREEMENT

The subject of this agreement is the establishment of the rights and responsibilities of the parties in accordance with the provisions of Law On the Protection of the Consumer no. 6052 and “Regulation for the Distant Sale Agreements” with regard to the sale and delivery of the product(s) qualification and prices of which are given below by the Seller to the Buyer through the Seller’s website www.lesbenjamins.com (“Website”).

 

4. INFORMATION IN RESPECT OF THE PRODUCT(S) COVERED UNDER THIS AGREEMENT

    The basic features, sales prices, delivery and payment conditions of the products subject to this Agreement are as follows:

     

    Product/Service Type: Product and/or service sales made by the Buyer to the Buyer through the Site

     

    Product Code and Name

    Quantity

    Unit Price (including VAT)

    Shipping Costs

    Discount/Coupon

    Additional Costs Payable by the Buyer

    Total Price (Including Shipping, Taxes and All Additional Charges and VAT)

    […]

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    PAYMENT AND DELIVERY CONDITIONS

    Total product price excluding shipping costs:

    Shipping Costs:

    Total price including shipping and all taxes:

    Payment Method:

    Number of Installments:

    Term Difference Received:

    Interest rate used in the term difference account:

    Delivery address:

    Person to be delivered to:

    The total product price stated above is collected from the Buyer by LB GLOBAL TEKSTİL TİC. A.Ş.

     

    Delivery conditions of the product/service subject to this Agreement:

     

    Carrier Company Information: The Companies the Seller works with (Kolay Gelsin, HepsiJet, Yurtiçi Kargo, Aras Kargo ve UPS Kargo – Shipping information shall be sent to the customer automatically.)

     

    Delivery Address: [·]

    Person to be delivered to: [·]

     

    5. DELIVERY

      Provided that it does not exceed the 30 (thirty) day legal period following the receipt of the order by the Seller, unless it is a product prepared upon the Buyer’s request or in accordance with the Buyer’s specifications, the product/products subject to the Agreement shall be delivered to the Buyer or the person/organization at the address indicated by the Buyer within the period indication in the pre-information form, depending on the distance of the Buyer's delivery address for each product.

       

      For the avoidance of doubt, for the delivery of the product(s) subject to this Agreement, this Agreement and the Pre-Information Form must be confirmed electronically by the Buyer and the price of the product(s) must be paid completely and in full with the Buyer's preferred payment method. If for any reason the product price is not paid, paid incompletely or the payment is canceled in the bank records, the Seller is deemed to be released from the obligation to deliver the product.

       

      In cases where it is impossible to fulfill the performance of the goods or services subject to the order, the Seller notifies the Buyer in writing or by permanent data provider within 3 (three) days from the date of learning of this situation and returns all payments collected, including delivery costs, if any, to the Buyer within 14 (fourteen) days at the latest from the date of notification.

       

      6. BUYER’S DECLARATIONS AND UNDERTAKINGS

        The Buyer accepts, declares and undertakes that he / she has read and gotten informed on the preliminary information uploaded by the Seller regarding the basic qualifications, sales price and payment method, delivery and shipping costs of the goods or services subject to the Agreement on the Site, that he / she has given the necessary confirmation electronically and that he / she is aware that he / she is under PAYMENT OBLIGATION by confirming the order on the Site, that he / she purchases the product / service electronically, that the sales price will be collected from the credit card / debit card whose information he / she has entered for the payment transaction.

        By confirming this Agreement and the Pre-Information Form electronically, the Buyer also confirms that the address, the basic features of the goods or services ordered, the price of the goods or services including taxes, payment and delivery and delivery price information that must be given to the Buyer by the Seller before the conclusion of distance agreement s are accurate and complete.

        In the event that the relevant bank or financial institution does not pay the price of the goods or services to the Seller due to the unfair or unlawful use of the credit card of the Buyer by unauthorized persons in a way that is not caused by the fault of the Buyer after the delivery of the goods or services, the Buyer is obliged to return the goods or services to the Seller within 3 (three) days, provided that they have been delivered to him. In this case, delivery expenses belong to the Buyer.

        If the goods or services subject to the Agreement are to be delivered to a person other than the Buyer, the Seller cannot be held responsible for the failure of the person to be delivered to accept the delivery.

        If the Buyer is not present at the address where the order is requested to be delivered, the order will definitely not be left to another address. In this case, the Buyer has to accept the legal obligations arising from the fact that he/she has placed an order at an address where he/she is not present.

        If the products subject to the Agreement are to be delivered to a person/institution other than the Buyer, the Seller cannot be held responsible for the failure of the person/institution to be delivered to accept the delivery.

        The Seller is responsible for the delivery of the product subject to the Agreement intact, complete and in accordance with the specifications specified in the order. Subject to just cause, the Seller may supply goods or services of equal quality and price to the Buyer before the expiration of the performance obligation arising from the Agreement and provided that the Buyer is informed and expressly consents.

        For the delivery of the product subject to the Agreement, this Agreement must be confirmed electronically and the price of the order subject to the Agreement must be paid. If for any reason the product price is not paid or cancelled in the bank records, the Seller is deemed to be released from the obligation to deliver the product under this Agreement.

        The Seller shall be liable for any loss or damage incurred until the delivery of the goods to the Buyer or a third party to be designated by the Buyer other than the carrier. In the event that the Buyer requests the goods to be sent by a carrier other than the carrier determined by the Seller, the Seller is not responsible for any loss or damage that may occur from the delivery of the goods to the relevant carrier.

        The service offered by the Seller is intended for the end user within the scope of retail sales; the Seller reserves the right to cancel the order and not deliver the products even if this Agreement has been established if the Seller suspects that the Buyer has a resale purpose.

        The Buyer must inspect the product before receiving it, and must not receive the defective and damaged product, which can be detected by ordinary inspection, from the Seller's authorized person or the cargo company. If the Buyer neglects to inspect the goods and receives the goods, he/she is deemed to have accepted that the product is intact and undamaged.

         

        7. SELLER’S DECLARATIONS AND UNDERTAKINGS

        The Seller is responsible for the delivery of the goods or services subject to the Agreement to the Buyer in accordance with the consumer legislation, intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

        The Seller may supply a different product of equal quality and price to the Buyer before the expiry of the performance obligation arising from the Agreement, provided that it is based on a justifiable reason and that it informs the Buyer and obtains its express consent.

         

        8. BUYER’S RIGHT TO WITHDRAWAL

          Without prejudice to the other provisions set forth in the Agreement, the terms and conditions set forth under this Article 8 shall only apply if the Buyer is a consumer under the relevant legislation.

           

          The right to withdrawal and its use regarding Buyers who hold the title of consumer within the scope of Law No. 6502 on the Protection of Consumers and the Distance Agreements Regulation:

           

          The right to withdrawal and its use regarding Buyers who hold the title of consumer in accordance with the relevant provisions of Law No. 6502 on the Protection of Consumers and the Distance Agreements Regulation;

           

          Address: Etiler Mahallesi Dilhayat Sokak No:24 Beşiktaş/İstanbul

          Faks No: 0212 257 18 18

          E-mail:  destek@lesbenjamins.com

          The consumer Buyer will be informed after the notification regarding the use of the right of withdrawal reaches the Seller.

          Within 14 days from the date of receipt of the notification in respect of Buyer’s exercise of his/her right to withdraw, all amounts received from the Buyer with respect to the relevant product or service, including the costs incurred by the Buyer to return the product to Seller, shall be returned to the Buyer, in accordance with the payment method used when buying the product, in a single payment with no additional cost.

           

          In the case that the consumer Buyer exercises their right to withdraw, Yurtiçi Kargo shall return the product to the Seller. In the event that the right of withdrawal is exercised and the goods are sent back via the shipping company specified herein, the Buyer shall not be held responsible for the costs related to the return. In the event that the consumer Buyer sends the goods to be returned by the consumer Buyer with a shipping company other than the Seller's contracted shipping company specified in this Pre-Information Form, the Seller is not responsible for the return shipping costs and the damage to the goods during the shipping process. In case the company specified for the return does not have a branch at the location of the Buyer, the Seller shall ensure that the goods to be returned are received from the Buyer without demanding any additional costs.

          The Buyer shall return the goods to the Seller within 10 (ten) days from issuing the notification regarding their exercise of the right of withdrawal. The invoice of the product, the box, the packaging, standard accessories, if any, and any products gifted because of the purchase of the original product shall be returned to the Seller completely and without any damage with the product subject to the return. The Consumer Buyer must use the goods in accordance with their functioning, technical specifications and instructions for use within the withdrawal period, otherwise he/she is responsible for the changes and deterioration that occur in the goods.

          Since the return of the order amounts paid through bank accounts or credit cards and their reflection in the accounts of the consumer Buyer are entirely related to the bank transaction process, it is not possible for the Seller to intervene in any way for possible delays. For this reason, it may take a long time for the bank to reflect the amount returned to the consumer Buyer's bank account or credit card to the consumer Buyer's account or credit card.

          In accordance with Article 15 of the Regulation on Distant Sales Agreements, the right of withdrawal cannot be used in the following cases: a) agreements for goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller or supplier, b) agreements related to the products which is prepared in accordance with the consumers’ needs or personal requests, c) agreements related to the delivery of goods that may deteriorate quickly or expire, ç) agreements for the delivery of products whose protective elements such as packaging, tape, seal, package have been opened and their return is not suitable for health and hygiene, d) agreements for goods that are mixed with other products after delivery and which cannot be separated due to their nature, e) agreements related to books, digital content and computer consumables presented in tangible environment in case protective elements such as packaging, tape, seal, package are opened after delivery of the goods, f) agreements for the delivery of periodical publications such as newspapers and magazines, except those provided under a subscription agreement, g) agreements related to accommodation, transportation of goods, car rental, food and beverage supply and the evaluation of leisure time for entertainment or recreation purposes, which must be carried out on a specific date or period, ğ) agreements for services performed instantly in electronic environment or for intangible products delivered to consumers instantly, h) agreements for services which are executed with the approval of the consumer before the expiration of the right of the withdrawal period.

          The appeals and complaints procedure regarding Buyers who hold the title of consumer within the scope of Law No. 6502 on the Protection of Consumers and the Distance Agreements Regulation:

           

          For all kinds appeals and complaints that may arise from the Agreement to be established between the Buyer and the Seller, up to the monetary limit determined by the Ministry of Commerce in December every year, the Buyer the holds the title of consumer in accordance with shall Law No. 6502 on the Protection of Consumers and the Distance Agreements Regulation, can submit to the Arbitration Committee for Consumer Problems or Consumer Court in the place where the consumer transaction took place or where the Buyer’s residence is located.

           

          9. SELLER’S REMEDY FOR COMPLAINTS

            Complaints regarding the goods/services subject to the agreement can be made through the Seller's contact information specified in the preamble of the agreement. If a complaint is sent, the Seller shall provide all possible support to solve the problem.

             

             10. DEFAULT AND ITS LEGAL CONSEQUENCES

            In the event that the Buyer defaults in the transactions made with a credit card, the cardholder shall be liable to the bank within the framework of the credit card agreement concluded by the bank with them. In this case, the relevant bank may apply for legal remedies and may demand the expenses and attorney fee from the Buyer. Under any circumstances, in the event of default by the Buyer, the Buyer shall be responsible for all damages and losses incurred by the Seller.

             

            11. INTELLECTUAL PROPERTY

            The Buyer accepts and declares that all rights arising from the Law on Intellectual and Artistic Works (FSEK) of the special design techniques, textures, patterns, designs, drawings, design elements (icons, buttons, etc.), styles, gradients and solid color tones used in the designs of the products produced by the Seller and all kinds of graphic design, illustration, drawing, design and elements used in the design of the works and all products offered for sale on the Site belong to the Seller.

             

            12. DISPUTE RESOLUTION

            For all kinds appeals and complaints that may arise from the Agreement to be established between the Buyer and the Seller, up to the monetary limit determined by the Ministry of Commerce in December every year, the Buyer the holds the title of consumer in accordance with shall Law No. 6502 on the Protection of Consumers and the Distance Agreements Regulation, can submit to the Arbitration Committee for Consumer Problems or Consumer Court in the place where the consumer transaction took place or where the Buyer’s residence is located.

             

            13. MISCELLANEOUS PROVISIONS

            The Seller may transfer its rights and obligations arising from this Agreement to third parties without obtaining the Buyer's consent. The Buyer may not transfer its rights and obligations arising from this Agreement to third parties without the consent of the Seller.

             

            The Buyer agrees that in disputes that may arise under this Agreement, the electronic records and system records, commercial records, ledger records, microfilm, microfiche and computer records kept by the Seller in its database or servers shall constitute valid, binding, conclusive and exclusive evidence; that the Seller is free from the oath offer and that this article is an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.

             

            The occurrence of circumstances beyond the control of the Parties that prevent and/or delay the Parties from fulfilling their obligations under this Agreement without any fault or negligence of the relevant Party shall be considered as a force majeure event. (For example, strikes, lockouts, declared or undeclared war, civil war, acts of terrorism, earthquakes, fires, floods, similar natural disasters, legislative and administrative actions of any official authority, provided that it is not due to the incompetence of any of the Parties, technical failures and delays to be experienced regarding failures and delays caused by other service providers providing internet connection and similar situations). The Parties shall not be held liable for failure to fulfill their obligations in full or in a timely manner in circumstances beyond their control and which they could not have reasonably foreseen, including these and similar events. The Party whose obligations are affected by any force majeure event shall notify the other Party in writing as soon as possible and shall, as soon as practicable, provide the other Party with a document issued by an authorized person or body certifying the force majeure event in question.

             

            14. ENFORCMENT

            This Agreement has been concluded and entered into force on the date of its approval online, by being approved electronically by the Buyer. Transactions made through the Site shall be considered as binding declarations of will in accordance with the Turkish Code of Obligations, consumer legislation and other applicable legislation.

            The text of this Agreement will be sent via e-mail to the e-mail address provided by the Seller immediately after its approval and will be kept by the Seller for 3 (three) years. The Buyer may request access to the copy of this Agreement from the Seller by applying with a request to the e-mail address destek@lesbenjamins.com at any time.

            SELLER

            LB GLOBAL TEKSTİL TİC. A.Ş.

            BUYER

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