Preliminary information form, Distance Sales Agreement and Privatization Conditions

AGREEMENT

PRELIMINARY INFORMATION FORM

By accepting this Preliminary Information Form electronically, the BUYER shall submit to the SELLER a complete, accurate and complete information about the seller's contact information, the features of the ordered products, the product price including taxes, payment and delivery information, before the conclusion of the distance sales contract to be concluded between the parties. confirms that it is provided.

ARTICLE 1. SELLER INFORMATION

TITLE: LAVİN FURNITURE MANUFACTURING & SALES – ÖZKAN KOCABAŞ

HEADQUARTERS ADDRESS: Modesa Mobilyacılar Sitesi Defterdar Mah. Gürdinç Sok. No: 66 Demirkapi/Istanbul

PHONE: 0850 302 02 59

E-MAIL ADDRESS: info@lavinmobilya.com

Tax No: 42991585418

ARTICLE 2. BUYER INFORMATION

NAME AND SURNAME: 

 ADDRESS: 

E-MAIL ADDRESS: 

PHONE:

The BUYER accepts that the information given in this article is correct and belongs to him. In the event that the BUYER cannot be reached with the given address information, the SELLER will not be liable and therefore all responsibility will belong to the BUYER.

ARTICLE 3. CONTRACTING PRODUCTS

The name, code (type, type, model, color), quantity and sales price of the product/products subject to the distance sales contract are as follows:

ARTICLE 4. DELIVERY DETAILS

The PRODUCT is delivered to the delivery address specified by the BUYER or to the person/organization at the address indicated, packaged and intact. This period may be extended in cases such as war, natural disaster, riot, strike, lockout, flood, fire, earthquake that occur without any fault of the SELLER and cannot be prevented by reasonable measures. Even if the BUYER is not present at the time of delivery, the SELLER will be deemed to have fulfilled its performance fully and completely. Therefore, the SELLER is not responsible for the damages and expenses caused by the BUYER's late delivery and/or non-delivery of the product. If the PRODUCT is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.

ARTICLE 5. DELIVERY OF SHIPPED PRODUCTS

The product is made ready for delivery within 21 working days, starting from the day after the order is placed by the BUYER. When the products to be sent by transport are ready to be sent, the BUYER is reached via SMS and e-mail to determine the appropriate week for delivery. The finalized delivery date is planned from the 7-day interval selected by the BUYER to a day to be determined by the SELLER. The BUYER is reached via SMS or call 1-3 days before the planned delivery date and the BUYER's approval is obtained. On the day of delivery, information is given during the day before the arrival for delivery. In the special situation of the BUYER or in cases where there is no one at the specified address and the delivery cannot be made, the 2nd delivery is rescheduled for at least 14 days later and the SELLER charges an extra shipping fee for the new transport organization. In deliveries within Istanbul, in transported deliveries that include installation, the installation is done on the same day as the delivery. For deliveries outside of Istanbul, the installation belongs to the customer. If it is necessary to keep an elevator in case there is no freight elevator in the building and the product does not fit inside the building, the responsibility belongs to the BUYER.

ARTICLE 6. RIGHT OF WITHDRAWAL AND CASES THAT THIS RIGHT CANNOT BE USED

6.1. The BUYER may use the right of withdrawal granted to him in accordance with the relevant legislation within 14 (fourteen) days from the delivery of the product/products that he has ordered and approved with this Preliminary Information to himself or to the person at the notified address. In order for the BUYER to use its right of withdrawal, it must notify the SELLER in writing within this period, that the product/products are not from the products for which the right of withdrawal specified in the Law on the Protection of the Consumer No. 6502 and the Regulation on Distance Contracts cannot be exercised, or that the product is not available for resale except for customary use. It is essential that it has not been damaged and has not been used in this way.

6.2. In determining the starting date of the right of withdrawal, the day on which the BUYER or the third party determined by the BUYER receives the product is taken as basis.

6.3. If the BUYER's demands are met by making modifications, changes or additions to the product/products delivered to the BUYER in line with the BUYER's demands, the right of withdrawal cannot be exercised regarding the product/products. The SELLER shall complete the modifications, changes or additions related to the BUYER's demands within 35 (thirty-five) working days and make the delivery to the BUYER. The SELLER shall not charge an additional fee as a result of modifications, changes or additions. If the SELLER does not deliver the product/products to the BUYER by making modifications, changes or additions, the fee will be refunded.

6.4. In case the right of withdrawal is exercised, the price of the product/products is returned to the BUYER within 21 (twenty-one) days from the date on which the right of withdrawal of the product/products reaches the SELLER, in accordance with the payment instrument used by the BUYER. If the BUYER's address is outside the borders of Istanbul, the remaining amount after deducting the shipping cost is paid to the BUYER. If the BUYER's address is within the borders of the province of Istanbul, the price is paid to the BUYER without any deduction of the shipping cost.

6.5. The BUYER has to send the goods back to the address to be specified by the SELLER in order to deliver the goods to the SELLER within 10 (ten) days from the date of the written notification regarding the use of the right of withdrawal.

6.6.
The right of withdrawal cannot be exercised in relation to the product/products that have gained personal qualities by making modifications, changes or additions on the request of the BUYER prior to the order. The BUYER shall not be able to use the right of withdrawal in the following contracts and similar contracts including but not limited to the matters regulated in the "Regulation on Distance Contracts": - Contracts regarding the goods prepared in line with the BUYER's requests or personal needs
, from goods whose protective elements such as packages have been opened;
Contracts for the delivery of those whose return is not suitable in terms of health and hygiene, - Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature,
- Contracts for services that are started with the approval of the consumer before the expiry of the right of withdrawal.

6.7. If the BUYER uses the right of withdrawal by notifying the SELLER in writing within 14 (fourteen) days from the delivery date of the product/products, the SELLER shall deliver the product/products outside of Istanbul as they were first sold, that is, disassembled, together with the original invoice. liable to take. If there is a gift or promotion in the product/products purchased by the BUYER, they must also be returned. If the BUYER does not use the product/products in accordance with its operation, technical specifications and usage instructions within the withdrawal period, the BUYER is responsible for the changes and deteriorations that occur, and the BUYER is obliged to compensate for the decrease in the value of the product/products. However, if the product/products have become unsellable due to changes and deterioration in the product/products, these product/products will not be returned. Due to the exercise of the right of withdrawal, the SELLER shall receive the product/products to be returned by the BUYER through the shipping company specified by the SELLER and at a time (date) to be determined in advance with the SELLER. For purchases outside of Istanbul, if the BUYER sends the product/products to be returned via the transport company with which the SELLER has contracted, the shipping cost will be notified to the BUYER and this cost will be borne by the BUYER. Company returns are required to issue a return invoice. The BUYER must contact the SELLER for information about the right of withdrawal and shipping.

ARTICLE 7. APPLICATION

Applications regarding consumer complaints and objections can be made to the arbitral tribunal or consumer court in the place of residence of the SELLER, from which the consumer purchases the goods or services, within the monetary limits determined by the TR Ministry of Customs and Trade.

ARTICLE 8. INFORMATION

7.1. The information contained in this Preliminary Information Form is provided for commercial purposes in accordance with the distance communication tools used and within the framework of good faith principles, in a way to protect minors and adults who lack the power of discrimination or who are limited.

7.2. The Seller, in the capacity of data controller, keeps some personal information of the Buyer (such as name-surname, telephone, TR Identity Number, address or e-mail addresses, etc.) included in the distance sales contract and in the preliminary information form.

The seller, other than the purpose and scope determined by this contract, information such as name-surname, telephone number, TR Identity Number, address, e-mail address, date of birth requested during the shopping phase; may use it to contact the Buyer when necessary, or store or process this information. Personal Data may also be transferred to, processed and used by the companies with which the Seller cooperates, in order to conduct research, database creation, market research and communication/marketing activities for the purpose of improving the Seller's processes. The Buyer declares and accepts that they expressly consent to the transmission, processing and storage of the personal data of the members to the real and/or legal persons with whom the Seller cooperates for the stated purposes, within the scope of the Law on the Protection of Personal Data No. 6698.

Buyer; At any time, by applying to the Data Controller Seller within the scope of the Law, to learn whether his personal data is processed, to request information about the processed personal data, if any, to learn the purpose of the processing of personal data and whether this data is used in accordance with the purpose, to know the third parties to whom his personal data is transferred, to Requesting the correction of errors and requesting this correction from the relevant third party if the transfer has been made, requesting the deletion, destruction or anonymization of these data in case the reasons requiring the processing of personal data disappear, and if the transfer has been made, requesting this request to be forwarded to the transferred third party, As a result of the processed data has the right to object to a negative result related to the person, and to claim the damage within the framework of the law in case the damage arises due to illegal data processing.

RECIPIENT
Name Surname:
Email:
Date:

DISTANCE SALES AGREEMENT

  1. SIDES

1.1. SELLER

TITLE: LAVİN FURNITURE MANUFACTURING & SALES – ÖZKAN KOCABAŞ

HEADQUARTERS ADDRESS: Modesa Mobilyacılar Sitesi Defterdar Mah. Gürdinç Sok. No: 66 Demirkapi/Istanbul

PHONE: 0850 302 02 59

E-MAIL ADDRESS: info@lavinmobilya.com

Tax No: 42991585418

1.2 BUYER:

NAME AND SURNAME: 

 ADDRESS: 

E-MAIL ADDRESS: 

PHONE:

 

  1. DEFINITIONS
  2. a) CUSTOMIZED PRODUCT: These are products that are specially produced in line with the BUYER's wishes and/or require installation. For example, armchairs whose fabric color and type have been changed, furniture whose wood material properties have been changed, products that have been installed and assembled, products produced in special sizes, products whose protective elements such as packaging, tape, seal, package have been opened after delivery are included in the CUSTOMIZED PRODUCT category. b) STANDARD PRODUCT: They are products whose features are not changed in line with the BUYER's wishes.

    c) PRODUCT WITH SHIPPING: These are the products for which the PRODUCT is delivered by the transport.

    ç) CARGO PRODUCT: These are the products for which the PRODUCT is delivered by courier companies.

    d) VIRTUAL POS: It refers to the credit card payment method made in the computer environment in LAVİN FURNITURE STORES.

    f) PAYLINK means credit card payment system.

    g) WEBSITE: Represents the www.lav i com website.

    h) MANUFACTURING: It refers to the Lavin furniture production place where the sale is made.

    ı) BUYER: BUYER or the third person determined by the BUYER

  1. TOPIC

The subject of this contract is the Preliminary Information Form, which the BUYER has ordered electronically www.lavinmobilya.com , its application and all related applications (“Website”), and the products whose qualities and sales price are specified on the website. (“Product”) in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer (Law No. 6502) and the Regulation on Distance Contracts, in relation to the presentation and sale of the Parties.

  1. PRODUCT

The name, quantity, sales price including VAT, payment method and basic characteristics of the product or service subject to the contract are as follows.

  1. PAYMENT METHOD

 

5.1. PAYMENT WITH CREDIT CARD

  1. a) When the BUYER chooses the credit card payment method, he will enter his credit card information on the relevant page before completing his shopping on the WEBSITE.

    c) The BUYER's bank may apply an installment number higher than the selected installment number by organizing campaigns, and may offer services such as installment postponement. Such campaigns are at the discretion of the BUYER's bank, and if the SELLER is informed, information about the campaigns is provided on the WEBSITE.

    ç) In case the BUYER chooses one of the installment options, the order total will be divided by the number of installments as of the account cutoff date of the credit card and reflected on the credit card summary by the BUYER's bank. The bank may not distribute the installment amounts equally to the months, taking into account the fractional differences. The creation of the detailed payment plan is at the discretion of the BUYER's bank.

    d) On the other hand, due to the fact that the forward sales are made only with the credit cards of the Banks, the BUYER shall confirm the relevant interest rates and the information about the default interest separately from the bank, and that the provisions regarding the interest and default interest in accordance with the provisions of the current legislation are stipulated in the credit card agreement between the Bank and the BUYER. accepts, declares and undertakes that it will be implemented within the scope of

    e) In case of default by the BUYER in the transactions made with the credit card, the BUYER shall pay interest within the framework of the credit card contract signed by the bank with him and shall be liable to the bank.

    f) The BUYER shall be responsible for the accuracy of the card information to be given during the credit card payment method.

    g) In payments made using the credit card payment method option, if the card is used unlawfully by someone other than the holder, the transaction is carried out in accordance with the provisions of the Bank Cards and Credit Cards Law and the Regulation on Bank Cards and Credit Cards.

5.2. PAYMENT BY TRANSFER/EFT

  1. a) When the BUYER prefers to pay by money order/EFT, the SELLER's bank IBAN information will be shared with the BUYER electronically and in the order form. .
  2. DELIVERY
  3. a) The product is made ready for delivery within 21 working days, starting from the day after the order is placed by the BUYER. This period may be extended in cases such as war, natural disaster, riot, strike, lockout, flood, fire, earthquake that occur without any fault of the SELLER and cannot be prevented by reasonable measures.
  4. b) The PRODUCT is delivered to the delivery address specified by the BUYER or to the person/organization at the address indicated. Therefore, the SELLER is not responsible for the damages and expenses caused by the BUYER's late delivery and/or non-delivery of the product.

    d) If the PRODUCT is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.

    e) It is not possible to deliver to islands or overseas.

  5. DELIVERY OF SHIPPED PRODUCTS
  6. a) When the products to be sent by transport are ready for shipping, the BUYER is reached via SMS, e-mail or whatsapp to determine the appropriate day for delivery. The finalized delivery date is planned for a day to be determined by the SELLER, from a 7-day interval selected by the BUYER.

    c) In the special situation of the BUYER or in cases where there is no one at the specified address and the delivery cannot be made, the 2nd delivery is rescheduled for at least 14 days later and the SELLER charges an extra shipping fee for the new transport organization.

    d) For purchases within Istanbul, deliveries that include installation and transport, the installation is made on the same day as the delivery. Setup is not set for a different day.

    e) If a problem is noticed during the delivery, it is necessary to report the problem to the authorities via the whatsapp line with the photo of the problem.

  7. f) If there is no freight elevator in the building and the product does not fit inside the building, if it is necessary to keep an elevator, the responsibility belongs to the BUYER.
  1. RIGHT OF WITHDRAWAL, PRODUCT RETURN AND EXCHANGE
  2. a) The BUYER has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery for STANDARD PRODUCTS, without giving any reason and without paying any penal clause, by giving a written notice. It starts on the day of delivery. The BUYER has to send the goods back to the address to be specified by the SELLER in order to deliver the goods to the SELLER within 10 (ten) days from the date of the written notification regarding the use of the right of withdrawal.

    ii) Your withdrawal request can also be conveyed through the communication tools of the SELLER specified in Article 1.1, before the right of withdrawal expires.

    iii) If the BUYER's demands are met by making modifications, changes or additions to the product/products delivered to the BUYER, in line with the BUYER's demands, the right of withdrawal cannot be exercised regarding the product/products. The SELLER shall complete the modifications, changes or additions related to the BUYER's demands within 35 (thirty-five) working days and make the delivery to the BUYER. The SELLER shall not charge an additional fee as a result of modifications, changes or additions. If the SELLER does not deliver the product/products to the BUYER by making modifications, changes or additions, the fee will be refunded.

  3. iv) After the BUYER's right of withdrawal expires, the product/products cannot be returned.
  4. b) The BUYER cannot exercise its right of withdrawal for CUSTOMIZED PRODUCTS. For CUSTOMIZED PRODUCTS, for which the BUYER does not have the right to use the right of withdrawal, the SELLER has the right to receive a refund with a 35% deduction from the PRODUCT price, in order not to reject the BUYER's return request. This request is valid for 7 days after the delivery date. c) The SELLER will receive the product/products to be returned by the BUYER due to the exercise of the right of withdrawal, via the shipping company specified by the SELLER and at a time (date) to be determined in advance with the SELLER. In the event that the SELLER sends the product/products to be returned by the BUYER through the transport company of his choice, the SELLER has a contract with the SELLER, the shipping cost is notified to the BUYER and this cost shall be borne by the BUYER.
  1. SCOPE OF WARRANTY AND AFTER SALES SERVICES
  2. a) The PRODUCT sold is under warranty by LAVİN FURNITURE for 2 years. b) In cases where a defect is noticed in the PRODUCT, the SELLER undertakes to solve the problem within 30 days. Defects at the time of delivery must be reported to the SELLER at the time of delivery.

    c) Conditions caused by the BUYER's fault of use are not within the scope of the Warranty.

  1. REFUND AND PROCEDURE
  2. a) The payment process for CANCELLATION OF ORDER is initiated within 21 working days at the latest after the BUYER sends the request.

    c) If the BUYER's address is outside the borders of Istanbul, the remaining amount after deducting the shipping cost is paid to the BUYER. If the BUYER's address is within the borders of the province of Istanbul, the price is paid to the BUYER without any deduction of the shipping cost.

10.1. REFUND ON PAYMENT WITH CREDIT CARD

  1. a) In how many installments the BUYER has bought the product, the Bank makes the repayment to the BUYER in installments. The method of return to be made by the Bank to the BUYER is between the BANK and the BUYER, and the SELLER has no responsibility in this regard. The requested refund amounts are transferred by the Bank to the accounts of the bearer parties in installments so that the parties do not become victims. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the card's account cut-off dates do not coincide, 1 (one) refund will be reflected on the card each month, and the BUYER will pay the installments before the return, after the end of the installments of the sale, for another month equal to the number of installments he has paid before the return. receivables and will be deducted from existing debts.

    c) In case of return of goods and services purchased with a card, the SELLER cannot make a cash payment to the BUYER in accordance with the contract it has made with the Bank. Payments made by credit card are refunded to the same credit card.

10.2. REFUND ON PAYMENT WITH MOBILE POS CREDIT CARD

  1. a) In how many installments the BUYER has bought the product, the Bank makes the repayment to the BUYER in installments. The method of return to be made by the Bank to the BUYER is between the BANK and the BUYER, and the SELLER has no responsibility in this regard. The requested refund amounts are transferred by the Bank to the accounts of the bearer parties in installments so that the parties do not become victims. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the card's account cut-off dates do not coincide, 1 (one) refund will be reflected on the card each month, and the BUYER will pay the installments before the return, after the end of the installments of the sale, for another month equal to the number of installments he has paid before the return. receivables and will be deducted from existing debts.

    c) In case of return of goods and services purchased with a card, the SELLER cannot make a cash payment to the BUYER in accordance with the contract it has made with the Bank. In case of a refund, the SELLER will make the refund via the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or on a deduction, the BUYER cannot be paid in cash in accordance with the above-mentioned procedure. Refund to the credit card will be made by the Bank in accordance with the above procedure, after the SELLER pays the Bank all at once.

10.3. RETURN ON PAYMENT BY REFERRAL/EFT

Refunds are made to the bank account declared by the BUYER.