ARTICLE 1 SELLER INFORMATION

ARTICLE 1.1 – SELLER
Title : *****
Address : BATTALGAZİ MAH. SULTAN SAN. SİTESİ C BLOK NO: 22 SULTANBEYLİ / IST
Phone : *****
Fax : ******

ARTICLE 1.2 - BUYER

The person who is registered as a customer on the shopping website ladivasabun.com. The address and contact information used when registering are taken as basis.


ARTICLE 2 PRODUCT SUBJECT TO SALE AND ITS FEATURES

The basic features of goods or services are available at www.ladivasabun.com. You may review the basic features of the product during the campaign period.

The prices listed and published on the site are sale prices. The listed prices and promises are valid until an update and/or change is made. The prices announced for a limited time are valid until the end of the specified period.

The type of the good/product/service, quantity, brand/model, color, number of units, sale amount, payment method, and the information at the time the order is finalized

The cargo shipping cost, which is the shipping cost for the product, will be paid by the BUYER and will not be refunded.


ARTICLE 3 GENERAL PROVISIONS


3.1) The BUYER declares that they have read and become informed about the basic characteristics of the product that is the subject of the contract, the sale price and the payment method, as well as the preliminary information regarding delivery on the internet site ladivasabun.com, and that they have provided the necessary confirmation electronically. The BUYER; by confirming this Preliminary Information electronically, before the conclusion of distance contracts, confirms that they have obtained correctly and completely the address that must be provided by the SELLER to the BUYER, the basic features of the products ordered, the prices of the products including taxes, and the payment and delivery information.
3.2) The product that is the subject of the contract is delivered to the BUYER or to the person/organization at the address indicated by the BUYER within the period explained in the preliminary information on the internet site, depending on the distance of the BUYER’s place of residence, provided that the legal 30-day period is not exceeded.
3.3) The SELLER shall not be held responsible due to any problems that the cargo company may encounter during the delivery of the product to the BUYER, resulting in the inability to deliver the ordered product to the BUYER.
3.4) The SELLER is responsible for delivering the product that is the subject of the contract in a sound, complete manner, in accordance with the characteristics specified in the order, and, if applicable, together with the warranty documents and user manuals.
3.5) The SELLER may supply a different product with equal quality and price by informing the BUYER before the term of the performance obligation arising from the contract expires and by obtaining the BUYER’s explicit approval.
3.6) If the SELLER cannot fulfill the obligations that are the subject of the contract because the performance of the product or service that is the subject of the order becomes impossible, the SELLER shall notify the consumer of this situation before the term of the performance obligation arising from the contract expires and shall refund the total amount to the BUYER within 10 days.
3.7) Confirmation of this Preliminary Information Form electronically is required for the delivery of the product. If, for any reason, the product price is not paid or is cancelled in the bank records, the SELLER shall be deemed to be released from the obligation to deliver the product.
3.8) After delivery of the product, if the bank or financial institution does not pay the product price to the SELLER due to the unauthorized, unlawful use by persons other than those authorized, of the credit card belonging to the BUYER in a manner not caused by the BUYER’s fault, then the BUYER must return the product to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, shipping costs belong to the BUYER.
3.9) If the SELLER cannot deliver the product that is the subject of the contract within the period due to force majeure or extraordinary situations such as adverse weather conditions that prevent transportation or interruption of transportation, the SELLER is obliged to notify the BUYER of this. In this case, the BUYER may exercise one of the rights to cancel the order, replace the contract product (if any) with an equivalent product, and/or postpone the delivery period until the obstructing situation ceases. If the BUYER cancels the order, the amount paid is paid to the BUYER in cash and immediately within 10 days. In payments made by the BUYER with a credit card, the product amount is refunded to the relevant bank within 7 days after the BUYER cancels the order. Since the reflection of this amount to the BUYER’s accounts after it is returned to the bank is entirely related to the bank’s transaction process, the BUYER hereby accepts in advance that it will not be possible for the SELLER to intervene in any way for possible delays and that the amount refunded by the SELLER to the credit card may take an average of 2 to 3 weeks to be reflected to the BUYER’s account by the bank.

ARTICLE 4 RIGHT OF WITHDRAWAL

The BUYER may, in distance contracts regarding the sale of goods, exercise the right of withdrawal by refusing the goods (excluding Concert and Event Tickets) within 14 (fourteen) days from the delivery date to themselves or to the person/organization at the address indicated, without assuming any legal or penal liability and without giving any reason. In distance contracts regarding the provision of services, this period begins on the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where performance has started with the consumer’s approval before the withdrawal period expires. The costs arising from the use of the right of withdrawal belong to the SELLER.


To use the right of withdrawal, it is required that within 14 days the BUYER provides a written notice to the SELLER by registered mail with return receipt, fax, or e-mail, and that the product has not been used within the scope of the provisions of Article 5. In the event that this right is exercised,

a) the invoice of the product delivered to a third party or to the BUYER, (If the invoice of the product intended to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Return orders arranged in the name of institutions cannot be completed unless an RETURN INVOICE is issued.)

b) the return form,

c) the product’s box, packaging, and, if any, standard accessories must be delivered completely and undamaged together with the items to be returned.

d) The SELLER is obliged to refund the total amount and the documents that place the buyer under liability to the BUYER within at most 10 days from the date the withdrawal notice reaches the SELLER, and to receive the goods back within 20 days.

e) If there is a decrease in the value of the goods due to a reason arising from the BUYER’s fault, or if return becomes impossible, the BUYER is obliged to compensate the SELLER’s losses in proportion to the BUYER’s fault.

f) If the amount of the campaign limit provided by the SELLER falls below the campaign limit due to the use of the right of withdrawal, the discount amount benefited within the scope of the campaign is cancelled.

g) When the returned product is sent back to the seller due to the use of the right of withdrawal, the shipping cost paid will be covered by the SELLER for domestic orders and by the BUYER for international orders.

h) The SELLER does not refund the shipping fee collected from the BUYER while selling the product.


ARTICLE 5 PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

The return of goods that are prepared upon the BUYER’s requests or explicitly in line with the BUYER’s personal needs, that by their nature are not suitable to be returned, that pose a risk of rapid deterioration, or that have a possibility that the expiration date may pass, and the return of sound or image recordings, software programs, and computer consumables is not possible in accordance with the Regulation, provided that the packaging has been opened by the BUYER.



In the application of this Preliminary Information, the Consumer Arbitration Committees and Consumer Courts located in the place where the BUYER purchased the goods or services up to the value announced by the Ministry of Industry and Trade and where the BUYER’s place of residence is located are authorized.
Regarding complaints and objections, the SELLER may submit applications to the consumer problems arbitration committee or the consumer court in the place where the consumer’s place of residence is located, within the monetary limits determined by the Republic of Turkey Ministry of Industry and Trade in December of each year, for goods or services purchased or for the place of residence. The information regarding the monetary limit is as follows:

Effective as of 1/1/2012:

a) The upper monetary limit regarding whether the decisions of consumer problems arbitration committees in the 5th and 6th paragraphs of Article 22 of the Law on the Protection of Consumers No. 4077 are binding and constitute evidence in the upper or consumer courts is 1,161.67 TL,
b) In the third paragraph of Article 5 of the Consumer Problems Arbitration Committees Regulation published in the Official Gazette dated 1/8/2003 and numbered 25186, the lower monetary limit regarding the authority and duty of provincial arbitration committees operating in provinces with metropolitan status to handle disputes is 3,032.65 TL.

This Preliminary Information is made for commercial purposes.




DISTANCE SALES CONTRACT

ARTICLE 1 – PARTIES

1.1 – SELLER
Title : ******
Address : BATTALGAZİ MAH. SULTAN SAN. SİTESİ C BLOK NO: 22 SULTANBEYLİ / IST
Phone : ****
Fax : ****
E-mail address : *****

1.2 – BUYER

The person who is a member of the ladivasabun.com shopping website as a customer.

The address and contact information used during registration are taken as basis.

ARTICLE 2 – SUBJECT

The subject of this contract is the sale and delivery of the product specified below, for which the BUYER places an electronic order from the SELLER’s ladivasabun.com internet site, and the determination of the parties’ rights and obligations in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on the Principles and Procedures for Distance Contracts.

ARTICLE 3 – PRODUCT SUBJECT OF THE CONTRACT
The type of the good/product/service, quantity, brand/model, color, number of units, sale amount, payment method, and the information at the time the order is finalized

ARTICLE 4 – GENERAL PROVISIONS
4.1 The BUYER declares that they have read and become informed about the preliminary information regarding the basic characteristics of the product that is the subject of the contract, the sale price including all taxes and the payment method, and that delivery and its costs will be covered by the BUYER, the period in which delivery will be made, and the SELLER’s full commercial title, full open address, and contact information, and that they have provided the necessary confirmation electronically.

The BUYER; by confirming this contract electronically, before the conclusion of distance contracts, confirms that they have obtained correctly and completely the address that must be provided by the Seller to the Consumer, the basic features of the products ordered, the prices of the products including taxes, and the payment and delivery information.

4.2 The product that is the subject of the contract is delivered to the BUYER or to the person/organization at the address indicated by the BUYER within the period explained in the preliminary information on the internet site, depending on the distance of the BUYER’s place of residence, provided that the legal 30-day period is not exceeded. All kinds of cargo fees related to the delivery shown in Article 3 will be covered by the BUYER and will be reflected on the invoice regarding the order under the name “Shipping Fee”.

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

4.4 The SELLER shall not be held responsible due to any problems that the cargo company may encounter during the delivery of the product to the BUYER, resulting in the inability to deliver the ordered product to the BUYER.

4.5 The SELLER is responsible for delivering the product that is the subject of the contract in a sound, complete manner, in accordance with the characteristics specified in the order, and, if applicable, together with the warranty documents and user manuals.

4.6 The SELLER may supply a different product with equal quality and price by informing the BUYER before the term of the performance obligation arising from the contract expires, provided that there is a justifiable reason.

4.7 If the SELLER cannot fulfill the obligations that are the subject of the contract because the performance of the product or service that is the subject of the order becomes impossible, the SELLER shall notify the consumer of this situation before the term of the performance obligation arising from the contract expires and may supply a different product with equal quality and price to the BUYER.

4.8 For the delivery of the product that is the subject of the contract, it is required that the signed copy of this contract be delivered to the SELLER and that the payment be made by the BUYER’s preferred payment method. If, for any reason, the product price is not paid or is cancelled in the bank records, the SELLER shall be deemed to be released from the obligation to deliver the product.

4.9 The BUYER accepts and undertakes that the credit card information entered into the system during shopping is correct and that all legal and penal liability arising from the use of this credit card belongs to the BUYER. If, after delivery of the product, the bank or financial institution does not pay the product price to the SELLER due to the unauthorized, unlawful use by persons other than those authorized of the credit card belonging to the BUYER in a manner not caused by the BUYER’s fault, then it is mandatory for the BUYER to send the product to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, shipping costs belong to the BUYER. If the BUYER does not return the product, the BUYER accepts and undertakes that in any case where the product price is not charged from the credit card for any reason or where the product price is refunded to the credit card, the product price will be transferred to the SELLER’s bank accounts without the need for any notice.

4.10 If the SELLER cannot deliver the product that is the subject of the contract within the period due to force majeure or extraordinary situations such as adverse weather conditions that prevent transportation or interruption of transportation, the SELLER is obliged to notify the BUYER of this. In this case, the BUYER may exercise one of the rights to cancel the order, replace the contract product (if any) with an equivalent product, and/or postpone the delivery period until the obstructing situation ceases. If the BUYER cancels the order, the amount paid is paid to the BUYER in cash and immediately within 10 days.



4.11 Points given to the customer through a campaign by the SELLER are valid for only one purchase. These points are not refunded even if the product is returned.

In payments made by the BUYER with a credit card, the product amount is refunded to the relevant bank within 7 days after the order is cancelled by the BUYER. Since the reflection of this amount to the BUYER’s accounts after it is returned to the bank is entirely related to the bank’s transaction process, the BUYER hereby accepts in advance that it will not be possible for the SELLER to intervene in any way for possible delays and that the amount refunded by the SELLER to the credit card may take an average of 2 to 3 weeks to be reflected to the BUYER’s account by the bank.

ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within 14 days from the delivery of the contract product to themselves or to the person/organization at the address indicated, without having to state any reason.

However, for products prepared specifically for the BUYER for certain days such as New Year’s Day, holidays, Mother’s Day, and for products offered for sale and/or imported, and for campaign and promotional products, the return of the product cannot be accepted; the BUYER carries out the shopping by accepting these conditions.

To use the right of withdrawal, it is required that within 14 days the BUYER notifies the SELLER by fax or e-mail and that the product has not been used within the scope of the provisions of Article 6. In the event that this right is exercised,

a) the invoice of the product delivered to a third party or to the BUYER, (If the invoice of the product intended to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Return orders arranged in the name of institutions cannot be completed unless a RETURN INVOICE is issued)

b) the return form,

c) the box, packaging, and, if any, standard accessories of the products to be returned within the 14-day period must be delivered completely and undamaged together with the items. The product price is refunded to the BUYER within 10 days following the receipt of these documents by the SELLER.

For the shipping cost of the returned product due to the right of withdrawal, it will be covered by the SELLER for domestic orders and by the BUYER for international orders. The SELLER does not refund the shipping fee collected from the BUYER while selling the product.

When the product is returned to the SELLER, the original invoice presented to the BUYER during delivery must also be returned (in order to ensure consistency in our accounting records). If the invoice is not sent to the SELLER together with the product or at the latest within 5 days from the shipment of the product, the return process will not be carried out, and the product will be sent back to the BUYER in the same way with collect payment. On the invoice to be returned together with the product, the statement “return invoice” must be written and signed by the BUYER.



ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
By their nature; the return of single-use products, copyable software and programs, and products that spoil quickly or have a possibility that the expiration date may pass is not accepted.

ARTICLE 7 – DEFAULT OF DEBT
In the event that the BUYER falls into default, the BUYER accepts to pay the SELLER’s losses and damages arising from the delayed performance of the debt. If the BUYER’s default is caused by the SELLER’s fault, the BUYER will not be obliged to cover any losses and damages.

ARTICLE 8 – AUTHORIZED COURT

In the application of this Preliminary Information, the Consumer Arbitration Committees and Consumer Courts located in the place where the BUYER purchased the goods or services up to the value announced by the Ministry of Industry and Trade are authorized.
Regarding complaints and objections, the SELLER may submit applications to the consumer problems arbitration committee or the consumer court in the place where the consumer’s place of residence is located, within the monetary limits determined by the Republic of Turkey Ministry of Industry and Trade in December of each year, for goods or services purchased or for the place of residence. The information regarding the monetary limit is as follows:

Effective as of 28/05/2014:

a) Pursuant to Article 68 of the Law on the Protection of Consumers No. 6502, in disputes where the value is below two thousand Turkish Liras, applications must be made to the district consumer arbitration committees; in disputes where the value is below three thousand Turkish Liras, applications must be made to the provincial consumer arbitration committees; and in provinces with metropolitan status, applications must be made to the provincial consumer arbitration committees for disputes between two thousand Turkish Liras and three thousand Turkish Liras. For disputes above these values, applications cannot be made to consumer arbitration committees.

b) In disputes above the specified value, applications must be made to the Consumer Court; where there is no Consumer Court, applications must be made to the Civil Courts of First Instance in the capacity of Consumer Court.

This preliminary information is made for commercial purposes.


Please Note: Before signing the cargo delivery note, please check whether your cargo package is damaged due to transportation. If there is any damage to your cargo package for any reason, return your cargo to the cargo officer for the preparation of a report without signing any document related to the delivery. Your new products will be sent to you immediately. If damaged cargo packages are accepted, ladivasabun.com is not responsible for the damage or shortage of the products inside.


15. All of these terms and conditions are subject to Turkish law.

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