Distance Sales Agreement

1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions specified below.
A. ‘BUYER’; (hereinafter referred to as the “BUYER” in the agreement)
B. ‘SELLER’; : Lebriz Kültür Sanat Yayıncılık Limited Şirketi
ADDRESS: Edin & Suner Plaza 3B Meydan Sokak No 14 Akatlar 34335 Istanbul
By accepting this agreement, the BUYER acknowledges in advance that upon confirming the order subject to this agreement, they will be under the obligation to pay the order amount and any stated additional fees such as shipping costs and taxes, and that they have been informed accordingly.

2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below shall express the explanations written opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: The Law on the Protection of the Consumer No. 6502,
REGULATION: The Regulation on Distance Contracts (OG: 27.11.2014/29188),
SERVICE: The subject of any consumer transaction other than the supply of goods made or undertaken to be made in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or for the account of the person offering the goods,
BUYER: The natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDERER: The natural or legal person who requests a good or service through the SELLER’s website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOOD: Refers to the movable property subject to purchase and software, audio, images, and similar intangible goods prepared for use in an electronic environment.

3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of the Consumer No. 6502 and the Regulation on Distance Contracts regarding the sale and delivery of the product, whose specifications and sales price are stated below, which the BUYER has ordered electronically via the SELLER’s website.
The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a period are valid until the end of the specified period.

4. SELLER INFORMATION
Title, Address, Phone, E-mail

5. BUYER INFORMATION
Recipient, Delivery Address, Phone, E-mail

6. ORDERER INFORMATION
Name/Surname, Address, Phone, E-mail

7. INFORMATION REGARDING THE PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT
7.1. The basic characteristics (type, quantity, brand/model, color, number) of the Good/Product/Products/Service are published on the SELLER’s website. If a campaign has been organized by the seller, you can review the basic features of the relevant product during the campaign. It is valid until the campaign date.
7.2. The prices listed and announced on the site are the sales prices. The announced prices and promises are valid until they are updated and changed. Prices announced for a period are valid until the end of the specified period.
7.3. The sales price of the good or service subject to the agreement including all taxes is shown below.
Product DescriptionQuantityUnit PriceSubtotal
(VAT Included)
Shipping Amount
Total :
Payment Method and Plan
Delivery Address
Recipient
Billing Address
Order Date
Delivery date
Delivery method
7.4. The shipping cost, which is the product shipment expense, shall be paid by the BUYER.

8. BILLING INFORMATION
Name/Surname/Title
Address
Phone
Fax
E-mail/username
Invoice delivery: The invoice will be delivered along with the order to the billing address during order delivery.

9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read the preliminary information regarding the basic characteristics, sales price, and payment method of the product subject to the agreement on the SELLER’s website, and that they have given the necessary confirmation in the electronic environment. By confirming the Preliminary Information in the electronic environment, the BUYER acknowledges, declares, and undertakes that they have obtained the address to be given to the BUYER by the SELLER, the basic characteristics of the products ordered, the price of the products including taxes, and payment and delivery information accurately and completely before the conclusion of the distance sales contract.
9.2. Each product subject to the agreement shall be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER’s settlement, provided that it does not exceed the legal 30-day period. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.
9.3. The SELLER undertakes to deliver the product subject to the agreement in full, in accordance with the specifications specified in the order, and with warranty documents, user manuals, and information and documents required by the work, if any, to perform the work in a sound manner in accordance with the requirements of the legal legislation, free from any defects, in accordance with the standards, within the principles of accuracy and honesty, to protect and increase service quality, and to show the necessary attention and care during the performance of the work, and to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the expiry of the performance obligation arising from the agreement.
9.5. In the event that the SELLER cannot fulfill its obligations under the agreement if the fulfillment of the product or service subject to the order becomes impossible, it accepts, declares, and undertakes that it will notify the consumer in writing within 3 days from the date it learns of this situation and will refund the total price to the BUYER within 14 days.
9.6. The BUYER acknowledges, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the agreement, and that the SELLER’s obligation to deliver the product subject to the agreement will terminate if the product price subject to the agreement is not paid for any reason and/or is canceled in the bank records.
9.7. If the product price subject to the agreement is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER’s credit card by unauthorized persons after the delivery of the product subject to the agreement to the BUYER or the person/organization at the address indicated by the BUYER, the BUYER acknowledges, declares, and undertakes to return the product subject to the agreement to the SELLER within 3 days, with the shipping costs to be borne by the SELLER.
9.8. If the SELLER cannot deliver the product subject to the agreement within the period due to force majeure events such as the occurrence of unforeseen situations that develop outside the will of the parties and prevent and/or delay the parties from fulfilling their debts, it undertakes to notify the BUYER of the situation. The BUYER has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the agreement with its equivalent if any, and/or the postponement of the delivery period until the obstructive situation is eliminated. In case of cancellation of the order by the BUYER, for payments made in cash by the BUYER, the product amount will be paid to them in cash and in lump sum within 14 days. For payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the reflection of the amount returned to the credit card by the SELLER to the BUYER’s account by the bank may take 2 to 3 weeks, and since the reflection of this amount on the BUYER’s accounts after the return to the bank is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification, and other purposes through letters, e-mails, SMS, phone calls, and other means via the address, e-mail address, fixed and mobile phone lines, and other contact information specified by the BUYER in the registration form on the site or updated by the BUYER later. By accepting this agreement, the BUYER accepts and declares that the SELLER can engage in the above-mentioned communication activities towards them.
9.10. The BUYER shall inspect the good/service subject to the agreement before receiving it; they shall not receive damaged and defective goods/services such as crushed, broken, torn packaging, etc., from the cargo company. The delivered good/service shall be considered undamaged and sound. The duty to carefully protect the good/service after delivery belongs to the BUYER. The good/service should not be used if the right of withdrawal is to be exercised. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability regarding the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identification and contact information of the credit card holder, the previous month’s statement of the credit card used in the order, or a letter from the card holder’s bank stating that the credit card belongs to them. The order will be frozen for the period until the BUYER provides the information/documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while becoming a member of the SELLER’s website is accurate, and that they will compensate the SELLER for all damages it may suffer due to the inaccuracy of this information, immediately, in cash and in lump sum, upon the SELLER’s first notification.
9.13. The BUYER accepts and undertakes from the beginning to comply with the legal regulations while using the SELLER’s website and not to violate them. Otherwise, all legal and criminal liabilities that may arise will completely and exclusively bind the BUYER.
9.14. The BUYER cannot use the SELLER’s website in any way that disrupts public order, is contrary to general morality, disturbs and harasses others, for an illegal purpose, or in a way that infringes on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan, etc.) that prevent or make it difficult for others to use the services.
9.15. Through the SELLER’s website, links may be provided to other websites and/or other content owned and/or operated by third parties that are not under the SELLER’s control. These links are placed to provide ease of orientation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
9.16. The member who violates one or several of the articles listed in this agreement is personally responsible for this violation in criminal and legal terms and will keep the SELLER free from the legal and criminal consequences of these violations. Furthermore, in case the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL
10.1. The BUYER; in the event that the distance contract is for the sale of goods, they may exercise their right to withdraw from the agreement by rejecting the good without assuming any legal or criminal liability and without giving any justification, provided that they notify the SELLER within 14 (fourteen) days from the date of delivery of the product to them or to the person/organization at the address indicated. In distance contracts regarding the provision of services, this period starts from the date the agreement is signed. The right of withdrawal cannot be used in service agreements where the performance of the service has begun with the consumer’s approval before the expiry of the right of withdrawal period. The expenses arising from the use of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, it is required to provide written notification to the SELLER by registered mail, fax, or e-mail within the 14 (fourteen) day period and that the product has not been used within the framework of the “Products for which the Right of Withdrawal Cannot be Exercised” provisions regulated in this agreement. In case of exercising this right,
a) The invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product requested to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Order returns whose invoices are issued on behalf of institutions will not be completed if the RETURN INVOICE is not issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged together with their box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within at most 10 days from the receipt of the withdrawal notice and to accept the return of the good within 20 days.
e) If there is a decrease in the value of the good for a reason arising from the BUYER’s fault or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of their fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the good or product within the right of withdrawal period.
f) In case of falling below the campaign limit amount organized by the SELLER due to the exercise of the right of withdrawal, the discount amount benefited within the scope of the campaign is canceled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared in line with the BUYER’s request or clearly for their personal needs and are not suitable for return, underwear bottoms, swimsuit and bikini bottoms, make-up materials, disposable products, goods that are in danger of rapid deterioration or are likely to expire, products that are not suitable for return in terms of health and hygiene if their packaging is opened by the BUYER after delivery, products that are mixed with other products after delivery and cannot be separated due to their nature, goods related to periodicals such as newspapers and magazines except those provided within the scope of a subscription agreement, services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if their packaging has been opened by the BUYER, cannot be returned according to the Regulation. In addition, it is not possible to return products produced with person-specific measurements. Furthermore, it is not possible to exercise the right of withdrawal for services whose performance has begun with the consumer’s approval before the expiry of the right of withdrawal period, according to the Regulation.
Cosmetic and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) must have their packaging unopened, untried, unspoiled, and unused to be returned.

12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares, and undertakes that they will pay interest and be responsible to the bank within the framework of the credit card agreement between them and the cardholder bank if they fall into default in the case of making payment transactions with a credit card. In this case, the relevant bank may apply for legal remedies; may demand the arising expenses and attorney fees from the BUYER, and in any case, if the BUYER falls into default due to their debt, the BUYER accepts, declares, and undertakes that they will pay the damages and losses suffered by the SELLER due to the delayed performance of the debt.

13. COMPETENT COURT
In disputes arising from this agreement, complaints and objections will be made to the consumer problems arbitration committee or consumer court in the place where the consumer is resident or where the consumer transaction is performed, within the monetary limits specified in the law below. Information regarding the monetary limit is below:
Effective from 01/01/2017, the value for applications to be made to consumer arbitration committees for the year 2017:
a) District consumer arbitration committees for disputes under 2,400 (two thousand four hundred) Turkish Liras,
b) Provincial consumer arbitration committees for disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred and ten) Turkish Liras in provinces with metropolitan status,
c) Provincial consumer arbitration committees for disputes under 3,610 (three thousand six hundred and ten) Turkish Liras in the centers of provinces without metropolitan status,
ç) Provincial consumer arbitration committees are authorized for disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred and ten) Turkish Liras in districts attached to provinces without metropolitan status.
This Agreement is made for commercial purposes.

14. ENFORCEMENT
When the BUYER performs the payment for the order placed via the Site, they are deemed to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements to ensure that approval is obtained from the BUYER that this agreement has been read and accepted on the site before the realization of the order.