WEB TERMS & USE AGREEMENT
1.1. This Web Terms & Use Agreement (“Agreement”); address specified in Article 5 (“BUYER”) and ‘Arnavutköy Mah. Beyazgul Sok. No:51/B Beşiktaş 34345 İstanbul’, the owner of the ‘Le Fika’ brand, ‘Gözde Küçükoğlu’ was established electronically between the individual company (“SELLER”) within the framework of the terms and conditions stated below.
2.1. In the application and interpretation of this contract, the terms written below shall express the written explanations against them.
|Minister||:||Minister of Commerce,|
|Ministry||:||Ministry of Commerce,|
|Law||:||Consumer Protection Law,|
|Regulations||:||Distance Sales Regulation,|
|Service||:||The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,|
|Seller||:||Real or legal person who offers goods to the consumer for commercial or professional purposes, or acts on behalf of or on behalf of the supplier, including public legal entities,|
|Recipient||:||A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,|
|Website||:||The website of the SELLER named www.lefika.co,|
|Ordered||:||The natural or legal person who requests a good or service through the website of the SELLER named www.lefika.co,|
|Parties||:||SELLER and BUYER,|
|Contract||:||This Agreement concluded between the SELLER and the BUYER,|
|Product or Products||:||Refers to movable goods, residences or immovable properties that are the subject of shopping and all kinds of software, audio, video and similar products prepared for use in electronic environment.|
The subject of this Agreement; It regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has placed an order electronically on the website of the SELLER.
Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
- THE BUYER’S PRE-INFORMED ISSUES
4.1. The BUYER accepts that he has examined, read and understood all the explanations on the relevant pages of the Website and that he has been informed about the following matters, before the BUYER accepts this Agreement on the Website and is under the obligation to order and pay.
- a) The SELLER’s title and contact information and current introductory information,
- b) Means-methods suitable for the purpose of correcting the incorrectly entered information and the sales process stages during the purchase of the Products/Services from the Website,
- c) The SELLER’s professional chamber ‘Istanbul Chamber of Commerce (ITO)’ and the 9th profession ‘Wholesale Food and Cleaning Products’, the electronic contact information that can be obtained by the code of conduct (ito.gov.tr),
- d) Confidentiality, data usage-processing and electronic communication rules applied to the BUYER’s information applied by the SELLER and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the rights of the parties. usage methods,
- e) Shipping restrictions stipulated by the SELLER for Products/Services,
- f) The payment method-means accepted by the SELLER for the Contracted Products/Services-Services and the basic features-qualities of the Products/Services, the total price including the taxes (including the related costs of the BUYER to the SELLER’s or the total price to be paid),
- g) Information about the delivery of the Products to the BUYER and the shipping-delivery-cargo costs,
- h) Other payment/collection and delivery information regarding the products and information regarding the performance of the Contract, the responsibilities of the parties in these matters,
- i) Products and other goods and services that the BUYER does not have the right of withdrawal,
- j) In cases where the BUYER has the right of withdrawal, the terms, duration and procedure of using this right, and if the right is not used within the period, the BUYER will lose the right of withdrawal,
- k) In the Products/Services with the right of withdrawal, the BUYER’s withdrawal request may not be accepted and in any case the SELLER shall be notified if the Product is damaged or changed due to not being used in accordance with the instructions for use, normal functioning or technical specifications within the withdrawal period.
- n) According to its nature, all other sales conditions included in this Agreement and this Agreement can be stored and accessed for the period requested by the BUYER, since it is sent to the BUYER by e-mail after the BUYER has approved and established it on the WEBSITE, and the SELLER can also It can be kept with 2 years/months.
- o) In case of dispute, the BUYER can submit his/her complaints to the SELLER/SUPPLIER with the contact information and legal applications, in accordance with the relevant provisions of the Law No. 6502, to the District/Provincial Arbitration Committees and Consumer Courts.
- SELLER INFORMATION
|Title||: GÖZDE KÜÇÜKOĞLU – PROPRIETARY COMPANY|
|Address||: Arnavutköy Mah. Beyazgul Sok. No:51/B 34345 Beşiktaş / İstanbul|
|Email address||: email@example.com|
- BUYER INFORMATION
- INFORMATION OF THE ORDERING PERSON
- INVOICE INFORMATION
Invoice Delivery: The invoice will be delivered with the order to the delivery address during order delivery.
- CONTRACT PRODUCT/PRODUCTS – SERVICE/SERVICES INFORMATION
9.1. The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are available on the website of the SELLER. You can review the basic features of the product during the campaign.
9.2. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
9.3. The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.
|Product Description Quantity Unit Price Subtotal (VAT Included)||:|
|Shipping Amount Total||:|
|Payment Method and Schedule||:|
9.4. Additional fees such as shipping fee, any other tax, duty fee, which is the product shipping cost, will be paid by the BUYER.
- GENERAL CONDITIONS
10.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic features, sales price and payment method and delivery of the Product / Service subject to the Contract on the Internet Site, is informed, and gives the necessary confirmation in the electronic environment. BUYER’s; Confirming the Preliminary Information in electronic environment, accepts, declares and undertakes that he has obtained the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. .
10.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER, within the period specified in the preliminary information section of the website, depending on the distance from the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days. If the BUYER fails to fulfill its obligations within this period, the BUYER may terminate the Contract. The delivery date of the products specified as “estimated delivery date” on the website is specified as an estimate, and this expression does not include any commitment. These products will be delivered to the BUYER within 30 days at the latest, as specified in the legislation.
10.3. The SELLER undertakes to deliver the product/service subject to the contract completely, in accordance with the qualifications specified in the order, and with the warranty documents, user manuals, if any, with the information and documents required by the job, free from all kinds of defects, in accordance with the requirements of the legal legislation, in accordance with the standards, in accordance with the principles of accuracy and honesty. It accepts, declares and undertakes to perform, to maintain and increase the service quality, to show the necessary care and attention during the delivery of the product and the performance of the service, to act with prudence and foresight.
10.4. The BUYER shall confirm this Agreement electronically for the delivery of the Product/Service subject to the Contract, and in the event that the Contractual Product/Service price is not paid for any reason and/or is canceled in the records of the bank, financial institution, the SELLER is the subject of the contract. accepts, declares and undertakes that the obligation to deliver the product will come to an end. The BUYER accepts, declares and undertakes that the SELLER has no responsibility for the payments made to the SELLER by the bank and/or financial institution, but for which a failed code is sent by the bank and/or financial institution for any reason.
10.5. If the SELLER cannot deliver the product subject to the contract or perform the service within the period due to force majeure situations such as the occurrence of unforeseen, unforeseen and preventing and/or delaying the fulfillment of the debts of the parties, the SELLER accepts that it will notify the BUYER of the situation, and commits. The BUYER also has the right to request from the SELLER to cancel the order, to replace the product subject to the contract with its precedent, if any, to perform the service with a substitute, and/or to delay the delivery period until the impediment is removed. The BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays, since the reflection of the amount to be refunded in the cancellation/refund processes to the BUYER’s accounts is entirely related to the transaction process of the third party company that provides the payment transaction infrastructure.
10.6. The BUYER shall inspect the contracted goods before receiving them; dented, broken, torn packaging, etc. will not receive the damaged and defective goods from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
10.7. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER to submit a letter from the bank of the card holder stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.
10.8. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately indemnify all damages, in cash and in advance, upon the first notification of the SELLER.
10.9. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal regulations and not to violate them when using the website of the SELLER. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.
10.10. The BUYER may not use the SELLER’s website in any way that disrupts public order, violates public morals, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the member cannot engage in activities (spam, viruses, trojan horses, etc.) and transactions that prevent or make it difficult for others to use the services.
10.11. Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be given over the website of the SELLER. These links are given to the BUYER for the purpose of providing ease of orientation 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.
10.12. The member who violates one or more of the articles listed in this membership agreement will be personally and criminally liable for this violation and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
- RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGE AND INTELLECTUAL AND INTELLECTUAL RIGHTS
11.1. Name, surname, e-mail address of the BUYER, which can be defined as personal data within the scope of the Personal Data Protection Law No. 6698, T.C. ID number, demographic data, financial data, etc. informations;
* to receive orders, to offer products and services, to develop products and services, to solve systemic problems, to perform payment transactions, to be used in marketing activities about orders, products and services, in case of prior approval, to update the information of the BUYER, and to manage and maintain memberships. It can be recorded and kept in written/magnetic archives by the SELLER, SELLER affiliates and third parties and/or organizations for the purpose of performing the distance sales contract and other agreements established between the BUYER and the SELLER and to ensure that the technical, logistics and other similar functions of the third parties are performed on behalf of the SELLER. can be used, updated, shared, transferred and processed in other ways. The BUYER accepts that his personal data can be processed in this context and declares that he has consented to this issue.
11.2. SMS/short message, instant notification, automatic call by the SELLER for credit card and membership information, transaction and applications for promotion, advertisement, communication, promotion, sales and marketing purposes regarding all kinds of products and services, in accordance with the current legislation. Commercial electronic communications can be made via computer, telephone, e-mail/mail, fax, other electronic communication tools, the BUYER has accepted to be sent commercial electronic messages. If the BUYER does not want to receive commercial electronic messages, he/she should submit his/her request to the SELLER via the digital channel provided in the electronic message or via e-mail.
11.3. The necessary measures for the security of the information and transactions entered by the BUYER on the Website have been taken in the system infrastructure of the SELLER, within the scope of today’s technical possibilities, according to the nature of the information and transaction. However, since the said information is entered from the devices belonging to the BUYER, it is the BUYER’s responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated persons.
11.4. The BUYER may request the data usage-processing and/or communication to be stopped at any time by reaching the SELLER through the specified communication channels. According to the clear notification of the BUYER on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible, is deleted from the data recording system or anonymized in an anonymous way. If the BUYER wishes, he/she may object to the emergence of a result against him/her by means of transactions related to the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, analysis with automatic systems, The SELLER can always apply and get information on issues such as the elimination of damage due to the processing of the SELLER. The applications in question will be examined and the BUYER will be returned within the legal period, within the periods stipulated in the legislation.
11.5. All intellectual-industrial rights and property rights, except those belonging to other third parties, according to the agreement of the SELLER, regarding all kinds of information and content of the Website and their arrangement, revision and partial / complete use, belong to the SELLER.
- RIGHT OF WITHDRAWAL
12.1. BUYER; In distance contracts related to the sale of goods, he may exercise his right to withdraw from the contract by refusing the goods without giving any reason within 14 (fourteen) days from the date of delivery of the product to himself or the person/organization at the address indicated. In distance contracts related to service provision, this period starts from the date of signing of the contract. The notification regarding the use of the BUYER’s right of withdrawal must be conveyed to the SELLER within this period. Before accepting the distance contract or any corresponding offer, the BUYER is clearly and clearly informed by the SELLER that it will be under the payment obligation if the details are specified in the regulation and if it approves the order, and the BUYER accepts in advance that it has been informed. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER.
12.2. In order to exercise the right of withdrawal, the Product/Service must not have been used within the framework of the provisions of “Products for which the Right of Withdrawal cannot be exercised” regulated under Article 13. If this right is exercised,
12.3. The invoice of the product delivered to the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoice is issued on behalf of the institutions cannot be completed unless a return invoice is issued.
- The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
- The SELLER is obliged to return the total price to the BUYER within 14 days at the latest from the receipt of the withdrawal notice. From the exercise of the right of withdrawal, the BUYER must also return the product in question within 10 days.
- If there is a decrease in the value of the goods due to the BUYER’s fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s losses at the rate of the defect.
- In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.
- PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
13.1. Pursuant to Article 15 of the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014, titled “Exceptions to the right of withdrawal” and within the framework of Article 6 of the distance sales contract approved electronically between the parties, it must be unused and can be offered for resale by the seller. The BUYER will not be able to use the right of withdrawal in the following cases:
- Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller.
- In goods prepared in line with the consumer’s wishes or personal needs.
- For goods that are perishable or whose expiration date may exceed.
- The goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; in the delivery of those whose return is not suitable in terms of health and hygiene.
- In the products and services offered in the material environment if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
- The products and services provided under the subscription agreement.
- In the evaluation of leisure time for accommodation, transportation, car rental, food and beverage supply and entertainment or rest, which must be done on a certain date or period.
- In services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
- STATE OF DEFERRED AND LEGAL CONSEQUENCES
14.1. The BUYER accepts, declares and undertakes that in case of default in the transactions made with the credit card, the cardholder bank will pay interest within the framework of the credit card agreement with him and will be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney’s fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
15.1. Please note that you will be solely and entirely responsible for the sales transactions to be made within the scope of your User Account (including any declaration, commitment and promise to be made in this context) and any damages, losses or expenses that may arise from such transactions.
- EVIDENCE AGREEMENT AND AUTHORIZED COURT
16.1. SELLER records (including records in magnetic media such as computer-sound recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation. The parties agree, declare and undertake that in disputes arising from the implementation and interpretation of the Agreement, the Consumer Courts of the BUYER and SELLER will be authorized in cases where the prices exceeding the Consumer Arbitration Committees in the place of residence of the BUYER and SELLER within the monetary limits determined within the framework of the legislation are in dispute.
In the event that the payment for the order placed on the site is realized, the BUYER shall be deemed to have accepted all the terms of this Agreement. The SELLER is obliged to make software arrangements that will ensure that the said Agreement cannot be placed on the site without obtaining the confirmation that it has been read and accepted by the BUYER.