[vc_row][vc_column width=”1/6″][/vc_column][vc_column width=”2/3″][vc_empty_space height=”64px”][vc_column_text]ARTICLE 1 – PARTIES
DETAILS OF SELLER
|Lİ-BEL TEKSTİL TİCARET LİMİTED ŞİRKETİ
|Trade Registry Office
|ISTANBUL TRADE REGISTRY DIRECTORATE
|Trade Registry Number
|Tax Office and Taxpayer ID Number
|MECİDİYEKÖY – 6080082483
|TEŞVİKİYE MAH. NİŞANTAŞI IHLAMUR YOLU NO: 13/E ŞİŞLİ, İSTANBUL
|0212 231 26 12
DETAILS OF BUYER
|Turkish ID Number
ARTICLE 2 – SUBJECT OF AGREEMENT
This Distance Sales Agreement (hereinafter referred to as the “Agreement”) covers the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Agreements, with respect to the sale and delivery of the product whose qualifications, content and sales price are indicated in the Agreement, which the BUYER has ordered electronically on the www.libertevivo.com, a website owned the SELLER,
The parties hereby acknowledge and declare that they know and understand their obligations and responsibilities arising from the Law on Consumer Protection numbered 6502 and the Regulation on Distance Sale Agreements.
The SELLER shall be obliged to keep the preliminary information form regarding the order placed by the BUYER and the distance sales agreement executed for the sale for three (3) years in accordance with the legislation. A copy of this Agreement shall be sent to the e-mail address of the BUYER.
ARTICLE 3 – BASIC QUALIFICATIONS AND PRICE OF THE PRODUCT OR SERVICE COVERED HEREUNDER
The BUYER hereby accepts and declares that he/she is duly informed about the basic characteristics, sales price, payment method, delivery conditions and other preliminary information of the product subject to sale, and the right of withdrawal, has confirmed this preliminary information electronically and then placed an order for the product in accordance with the provisions of this Agreement. The preliminary information and invoice approved by and shared with the BUYER are an integral part of this Agreement.
The basic features of the goods subject to the agreement, including the type and kind, pieces, brand / product name, details, sales price including taxes of the product are as follows:
Total (VAT Included): TL
Cargo Amount: TL
Cargo Charge: TL
Customs fees, taxes and other charges may be incurred in connection with overseas shipments, depending on the customs, tax legislation and other laws of the country, to which the cargo is to be delivered. All these costs and charges shall be borne by the BUYER.
Upon confirmation of the order, the BUYER shall be deemed to have accepted all the terms and conditions of this Agreement.
ARTICLE 3 – PAYMENT OF PRODUCT PRICE
3.1. Payments can be made by credit card or money order / EFT. Payments will be made through the IYZICO system.
The bank account details of the SELLER are as follows:
|Bank and Branch
|GARANTI BANK NISANTASI BRANCH
|LİBEL TEKSTİL TİCARET LİMİTED ŞİRKETİ
|TR23 0006 2000 1320 0006 2969 84
3.2. In order for the BUYER to pay by credit card, it is required to fill in the credit card information completely in the relevant section.
3.3. Payment can be made in a single withdrawal via a credit card, or a deferred payment can be made by dividing the sum of payment into a number of installments that is determined within the scope of the campaigns. However, the Bank may also offer services such as installment postponement. Installment and postponement transactions are at the initiative of the Bank.
3.4. Due to the fact that the term sales can only be made only via the credit cards of the Bank, the BUYER hereby agrees and undertakes that the Buyer shall confirm the relevant interest rates and the details of default interest from the Bank, and that the provisions regarding interests and default interests will be applied as set out in the credit card agreement between the Bank and the BUYER in accordance with the provisions of the current legislation.
3.5. In case the payments are made in installments, the reflection of any refunds to the processed credit card in installments every month shall be solely related to the processes and practices of the Bank.
3.6. Necessary personal details of the BUYER regarding the payment to be made for the product will be shared with the relevant Bank or payment systems company, and the BUYER hereby accepts this fact and gives his/her express consent.
ARTICLE 4 – DELIVERY OF PRODUCT AND DELIVERY METHOD
4.1. The product shall be delivered to the relevant person at the delivery address requested by the BUYER, by the courier firm contracted by the SELLER and specified on the website. The BUYER hereby agrees that the delivery made to the address indicated by the BUYER and the person present at such address at the time of delivery shall be deemed as a delivery to the BUYER. Even if the BUYER is not present at the address at the time of delivery, the SELLER shall be deemed to have fulfilled its action completely. For this reason, all kinds of damages caused by the BUYER’s late delivery of the product and the expenses incurred due to the waiting of the product in the cargo company and / or the return of the cargo to the SELLER shall be borne by the BUYER.
4.2. For the delivery of the product in question, this Agreement must be approved by the BUYER and the product price must be paid in the form of payment preferred by the BUYER. If the product price is not paid for any reason or is cancelled in the Bank records, the SELLER shall be deemed to have been released from the delivery obligation.
4.3. For domestic sales, delivery shall be carried out within the period committed by the SELLER as starting from the date the order is received by the SELLER, without expiring the legal period of 30 (thirty) days. The products available in stock shall be delivered to the courier company for delivery to the person and address notified by the BUYER at the time of placing the order, within 7 (seven) days at the latest from the date of the order.
4.4. Delivery times and conditions may vary in extraordinary cases such as stock depletion and similar commercial impossibilities; unexpected situations such as strikes, lockouts, natural disasters, uprising, popular movements, nuclear risk and danger, wars, invasions, revolutions, civil wars, sabotages, pandemic and epidemic diseases and other force majeure events; disruption of transportation by weather conditions, or interruption of transportation.
4.5. Shipping costs shall be borne by the SELLER in the event that the SELLER declares on the website that applicable cargo charges will be covered by the Seller for domestic shipments of shoppers whose purchases are above the announced amount. Apart from this, all kinds of delivery costs shall be borne by the BUYER. All kinds of delivery costs, including shipping costs, related to overseas shipments shall be borne by the BUYER in any case.
4.6. For foreign shipments, all transactions that may occur depending on the customs, tax legislation and other laws of the country where the cargo is to be received, including customs clearance formalities and similar actions and transactions, shall be under the responsibility of the BUYER, and all kinds of expenses related to these shall also be borne by by the BUYER. If the products that have not been received in connection with foreign sales are stored in the relevant customs for the periods determined by the relevant jurisdiction and / or are subsequently destroyed, the BUYER shall not have the right to claim any refund or cost from the SELLER.
ARTICLE 5 – REPRESENTATIONS AND WARRANTIES OF BUYER
The BUYER will inspect the contractual product before receiving it, and shall be responsible for not accepting any products suffering dents, breaks, torn packaging, etc. attributable to transportation, and for specifying such defects in a written minute to be drafted together with the cargo official. Otherwise, the SELLER will not accept any responsibility and it will be considered that the product received is undamaged and intact. The Buyer shall be liable for careful protection of the product after delivery.
ARTICLE 6 – REPRESENTATIONS AND WARRANTIES OF SELLER
6.1. The SELLER shall be responsible for delivery of the product in a sound, complete manner and in accordance with the qualifications specified in the order, together with additional documents, if any. If the product subject to the agreement is to be delivered to another person / entity other than the BUYER, the SELLER may not be held liable if such person / entity does not accept the delivery.
6.2. In cases where delivery of the product becomes impossible, the SELLER shall notify the BUYER in writing or by means of a permanent data storage within 3 (three) days from the date of becoming aware of such situation. In this case, the PURCHASER shall be entitled to cancel the order, to replace the product with an equivalent one, and / or to postpone the delivery period until the obstacle is eliminated. If the BUYER cancels the order, the price paid and documents delivered, if any, will be returned within 14 (fourteen) days.
ARTICLE 7. USE OF THE RIGHT OF WITHDRAWAL
7.1. The BUYER may exercise its right of withdrawal within 14 (fourteen) days from the delivery of the product to him/her or to the person / entity at the address indicated, without stating any justifications and paying any fines. The Duration of the right of withdrawal shall start on the day when the agreement is executed for performance of any service, or on the day when the buyer or the third party as designated by the buyer receives the goods for agreements covering the delivery of goods. In determining the period of right of withdrawal, the following facts shall be taken into consideration: (a) For goods that are the subject of a single order and that are delivered separately, the day the buyer or the third party as designated by the buyer receives the last good, (b) For goods consisting of more than one piece, the day the buyer or the third party as designated by the buyer receives the last piece, and (c) for agreements where the goods are delivered regularly for a certain period of time, the day the buyer or the third party as designated by the buyer receives the first goods. In order to use the right of withdrawal, an express notification must be made to the SELLER within the same period by registered mail or e-mail. The BUYER shall be obliged to return the product to the SELLER or the authorized person within a maximum of 10 (ten) days from the date of the notification that the Buyer has exercised his right of withdrawal. The BUYER will lose the right of withdrawal in the event that the right of withdrawal is not used within the applicable period of time, or in the process until the date of withdrawal, if the product is changed and / or deteriorated due to the non-use of the product in accordance with its instructions, technical specifications and functioning.
7.2. In cases where the right of withdrawal is used in accordance with the law, if the returned product for domestic shipments is sent via the shipping company with which the SELLER has an agreement, using the customer return code, the cargo delivery charges shall be paid by the SELLER. For returns sent via any other cargo companies, the shipping charges shall be borne by the BUYER. For international shipments, the return shall be made via any courier company to be chosen at the discretion of the BUYER, at his/her sole expense.
7.3. It is also obligatory to return the original invoice of the delivered product in accordance with the tax legislation, in the event of the use of the right of withdrawal and in case of any return and replacement performed in accordance with this agreement and legislation. No return shall be accepted without invoice.
7.4. No return or replacement shall be accepted for the following items: (i) Evening dresses, tailor-made products, cosmetics, underwear items, swimwear items, bikinis, jewelleries, books / magazines, or technological products and (ii) other products that have lost their resalability, have been used, or are in a condition that cannot be purchased by another customer. All of the labels of the product to be returned must be on the product and the product must not have been modified.
7.5. Following the receipt of the returned product by the SELLER, if a certain malfunction and / or deterioration is not detected due to reasons such as usage error after the inspections performed by officials, the product price will be refunded to the BUYER within 14 (fourteen) days in accordance with the means used for payment. Since the reflection of the amount on the BUYER’s accounts after the refund of the amount to the Bank by the SELLER is completely related to the Bank’s own processes, the BUYER hereby agrees and declares that the SELLER shall not have any intervention and liability for possible delays. The SELLER’s rights of clearing, offsetting and discounting any sums arising from the Agreement and the law are hereby reserved. In case of exercising the right of withdrawal in connection with any overseas sale, the Buyer shall bear all customs duties and import costs to be incurred in both countries of departure and destination with respect to the returning of the product to the Republic of Turkey, and any costs directed to the SELLER as a result of the return process, if any, will be deducted by the SELLER and the product price will be refunded after such deduction.
7.6. Other details regarding returns and exchanges of product purchased from www.libertevivo.com are available on the website and product replacements are performed only at the SELLER’s store.
ARTICLE 8 – PRODUCTS AND SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL MAY NOT BE USED
The BUYER may not use the right of withdrawal for agreements covering the delivery of any of the following products or services;
- Agreements for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the SELLER;
- Agreements for goods prepared in line with the BUYER’s wishes or personal needs (including tailor-made products),
- Agreements for the delivery of goods that are perishable or whose expiry date may be reached,
- Agreements for the delivery of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery, and whose return is not suitable in terms of health and hygiene,
- Agreements for goods that have been mixed with other products after delivery and cannot be separated by nature,
- Agreements for books, digital content and computer consumables provided in tangible form if protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods,
- Agreements for the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement,
- Agreements for the use of leisure time for accommodation, moving furniture, car rental, food and beverage supply and entertainment or recreation, which must be performed on a specific date or period,
- Agreements for services performed instantly in electronic environment or for intangible goods delivered immediately to the BUYER, and
- Agreements for the services that are initiated with the approval of the BUYER before the right of withdrawal expires.
ARTICLE 9 – REQUESTS and COMPLAINTS / LEGAL REMEDIES
The BUYER may notify the SELLER in writing about his / her requests and complaints regarding the product and sales via the communication channels of the SELLER stated below.
Address and E-Mail Details of the Customer Service
Registered Mail Address: TEŞVİKİYE MAH. NİŞANTAŞI IHLAMUR YOLU NO: 13/E ŞİŞLİ, İSTANBUL
For any and all disputes that may arise from this Agreement, the Provincial and District Consumer Arbitration Committees and Consumer Courts seated in the place of domicile of the SELLER shall hold jurisdiction up to the monetary limits announced every year by the Ministry of Trade.
The legislation of the Republic of Turkey, primarily consumer legislation, shall apply for any and all disputes between the SELLER and the BUYER acting in the capacity of a “consumer”
ARTICLE 10 – CONFIRMATION OF PERSONAL DATA AND ELECTRONIC TRANSFERS
The BUYER’s information, including the personal data obtained at the time of subscription to www.libertevivo.com site and during shoppings, can be recorded for the period specified for electronic and other commercial-social communications, stored in printed / magnetic archives, updated, shared, transferred, used or processed in other forms when necessary for purposes of advertising, promotion, sales, marketing, credit card and membership applications. In the event that the BUYER gives approval when his/her website membership was established, the distance sales contract was approved and / or at any other time, the Seller may send electronic messages to the electronic communication addresses of the BUYER in order to advertise and market its goods and services, to notify the applications of advertisements, promotions, sales, marketing, credit cards and memberships, to promote its business or to increase its recognition with content such as celebrations and wishes. The BUYER hereby reserves the right to refuse to consent to this issue and / or to withdraw the consent later if it elects not to receive any electronic messages.
ARTICLE 11 – MISCELLANEOUS PROVISIONS
11.1. Regarding all kinds of information and contents available at www.libertevivo.com as well as the arrangement, revision and partial / complete use thereof, all intellectual and industrial rights and property rights are owned by the SELLER, except those belonging to other third parties according to the agreement of the SELLER. It is forbidden to perform partial or complete copying of any of information and contents available on the website or its extensions subject to any intellectual property rights, including any software codes, databases, site designs, to make changes on such them, to reproduce or publish them, to distribute, share, send, partially or completely download and sell them online or by using any other communication tools without the prior written consent of the SELLER. The SELLER hereby reserves the right to initiate, continue and conclude all kinds of legal proceedings under all national and international legislation, including the provisions of the Law No. 5846 on Intellectual and Artistic Works, against persons who act contrary to the aforementioned prohibition.
11.2. The SELLER hereby reserves the right to change the inventory status and price of the product until the payment of the product is made into to its account. The SELLER hereby reserves the right to make any changes it may deem necessary in connection with the above matters. These changes shall take effect from the moment the SELLER announces the same on www.libertevivo.com or via other appropriate methods.
11.3. The disclosure obligation regarding the protection of personal data shall be regulated separately.[/vc_column_text][/vc_column][vc_column width=”1/6″][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]