Distance Selling Agreement
Article 1- Parties
1.1. Sales person
Name: Saul Lopez Pascual
Address: Ginnheimer Landstrasse 186, 60431 Frankfurt am Main, Germany
Tel: +34 647 78 97 71
Email: lopjewelry@gmail.com
1.2. Recipient
Name – Surname/TR ID
Number Address
Telephone
E-mail
Article 2- Subject
The subject of this contract is the BUYER’s order electronically from the SELLER’s website https://lopjewelry.com/ ecommerce is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below.
Buyer, seller’s name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of “withdrawal” and how to use this right, official authorities to whom they can submit their complaints and objections, etc. clear, understandable and available on the internet ecommerce He accepts and declares that he has been informed by the seller in accordance with the terms of this contract, confirmed this preliminary information electronically and then ordered the goods.
The preliminary information on the website https://lopjewelry.com/ and the invoice issued upon the order placed by the buyer are integral parts of this contract.
Article 3- Contract Product/Payment/Delivery Information
The type and type, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information and shipping fee of the product(s) purchased electronically are as follows. The person to be invoiced and the person making the contract must be the same. Below The information contained must be accurate and complete. The buyer agrees to fully cover any damages that may arise from situations where this information is incorrect or incomplete, and the buyer also accepts any liability that may arise from this situation.
The SELLER reserves the right to stop the order when it deems it necessary, if the information provided by the BUYER does not correspond to reality. In cases where the SELLER detects a problem with the order and cannot reach the BUYER through the telephone, e-mail and mail addresses given by the BUYER, the SELLER freezes the execution of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue during this period. If no response is received from the BUYER within this period, the SELLER cancels the order to avoid damage to both parties.
Received Product(s)
Name, code: ; … units
Total Sales Price: …. Euro
Payment Method: Credit Card/Bank Transfer (EFT)
Delivery Person:
Telephone number:
Delivery Address: Invoice
Person/Institution:
Invoice Address:
Tax Office:
Tax Registration Number:
Shipping Fee: … Euro
Article 4- Contract Date and Force Majeure
Contract date is ../../…, which is the date the order is placed by the buyer. It is historical.
Force majeure (natural disaster, war) is a situation that does not exist or was not foreseen at the time the contract was signed, develops beyond the control of the parties, and makes it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities under the contract or to fulfill them on time. , terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party where force majeure occurs will notify the other party immediately and in writing.
During the continuation of the force majeure, the parties will not have any liability due to their failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
Article 5- Rights and Obligations of the Seller
5.1 . The seller accepts and undertakes to fully fulfill the obligations imposed on him in the contract in accordance with the provisions of the Law on Consumer Protection No. 4077 and the Regulation on Distance Contracts, except for force majeure.
5.2. https://lopjewelry.com/ is not responsible for price inaccuracies caused by system errors. Accordingly, the seller is not responsible for any promotional or price errors that may occur due to the system, design or illegal interventions on the website. The buyer cannot make a claim against the seller based on system errors.
5.3. You can shop at https://lopjewelry.com/ by credit card (Visa, MasterCard, etc.) or bank transfer. Orders that are not transferred within one week from the order date will be canceled. The processing time of orders is not the moment when the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) reaches the bank accounts. Payment methods such as pre-paid postage or postal check made without consulting customer services are not accepted.
Article 6 – Rights and Obligations of the Buyer
6.1. The Buyer accepts and undertakes to fully fulfill the obligations imposed on him in the contract, excluding force majeure.
6.2. By placing an order, the Buyer accepts and undertakes that he/she is deemed to have accepted the terms of the business contract and will make the payment in accordance with the payment method specified in the contract.
6.3. The buyer can access the seller’s name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc., from the website https://lopjewelry.com/. All preliminary information about the goods subject to sale and the use of the right of “withdrawal” and how to use this right, official authorities to whom they can submit their complaints and objections, etc. He accepts and declares that he has clear, understandable and internet-friendly information on the subject and that he confirms this preliminary information electronically.
6.4. Subject to the previous article, the Buyer acknowledges that he/she has read and is informed about the https://www.lopjewelry.com/ usage procedure information, which includes the product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings made, and is informed electronically. declares that he has given the necessary confirmation.
6.5. If the buyer wishes to return the product he/she purchased, he/she accepts and undertakes not to damage the product and its packaging in any way, and to return the original invoice and delivery note at the time of return.
Article 7- Order/Payment Procedure
Order:
After the Euro amount, including VAT, of the products added to the shopping cart (total installment amounts for installment transactions) is approved by the buyer, it is processed through the POS of the relevant bank card. For this reason, an order confirmation
e-mail is sent to the customer before the orders are shipped. Shipment will not be made until an Order Confirmation e-mail is sent.
Any disruption in the process or problems that may arise with the credit card will be notified to the buyer by using one or more of the phone/fax/e-mail methods specified in the contract. If necessary, the buyer may be asked to contact his bank. The processing time of orders is not the moment the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) is determined to have reached the seller’s accounts.
Exceptionally, if it is understood that the goods subject to the contract cannot be supplied for a justified reason and/or a stock problem is encountered, if the buyer is immediately informed clearly and understandably and gives approval, another good of equal quality and price may be sent to the buyer, or in line with the buyer’s desire and choice; Another new product may be sent, it may be waited for the product to be in stock or for the other obstacle preventing delivery to be eliminated, and/or the order may be cancelled.
In cases where it becomes impossible to fulfill the delivery obligation of the goods subject to the contract, the buyer is informed of this situation, the total price paid and any documents that put him in debt, if any, are returned to him within ten days at the latest and the contract is cancelled. In such a case, the buyer will not claim any additional material or moral damage from the seller.
Payment:
At https://lopjewelry.com/, ordering opportunities via cash transfer are offered to buyers who do not want to use their credit card information online. When paying by money order, the buyer can choose the bank that best suits him/her and make the transfer. If EFT has been made, the date of transfer to the account will be taken into account. When making a money transfer and/or EFT, the “Sender Information” must be the same as the Invoice Information and the order number must be written.
After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product to the Seller due to the unfair or unlawful use of the Buyer’s credit card by unauthorized persons, which is not due to the Buyer’s fault, the Buyer will return the delivered product to the Seller within 10 days. It is mandatory to send it to . In such cases, shipping costs belong to the Buyer.
If the BUYER has chosen to pay by credit card, the BUYER accepts that he/she will also confirm the relevant interest rates and information regarding default interest from his bank, and that the provisions regarding interest and default interest will be applied within the scope of the “Credit Card Agreement” between the Bank and the BUYER, in accordance with the provisions of the legislation in force. declares and undertakes.
Article 8- Shipment/Delivery Procedure
Shipment: DHL
Once the order confirmation e-mail is sent, the product(s) are delivered to the cargo company that the seller has a contract with.
Delivery:
The product(s) will be delivered to the buyer’s address by cargo agreed upon by the seller. Delivery time is 5 days from the sending of the Order confirmation e-mail and the establishment of the contract. This period may be extended by a maximum of ten days, provided that the recipient is notified in advance in writing or via a permanent data carrier.
Products are sent to regions where cargo companies do not deliver to the address, with telephone notification.
In regions where the Cargo Company delivers once a week, there may be a delay in the specified day period in cases such as inaccuracies and omissions in the shipping information, some social events and natural disasters. The buyer cannot impose any liability on the seller due to these sags. If the product is to be delivered to a person/organization other than the Buyer, the seller is not responsible for extra shipping costs that may arise from the person/organization to be delivered not accepting the delivery, inaccuracy in the shipping information and/or the absence of the Buyer. If the product(s) have not reached the customer within the specified days, delivery problems must be reported immediately using the e-mail address lopjewelry@gmail.com.
In case of damaged package; Damaged packages should not be accepted and a report should be made to the Cargo Company official. If the Cargo Company official is of the opinion that the package is not damaged, the buyer has the right to open the package there and check that the products have been delivered undamaged and to request that the situation be determined with a report. Once the package is received by the Buyer, it is accepted that the Cargo Company has fulfilled its duty fully. If the package is not accepted and a report is kept, the situation must be reported to the seller’s Customer Services as soon as possible, with the copy of the report remaining with the Buyer.
Article 9 – Procedure for Product Return and Right of Withdrawal
Product Return:
The buyer has the right to withdraw from the contract within seven days after receiving the goods, without giving any justification and without paying any penalty. In order to make a refund in accordance with the general communiqué of the Tax Procedure Law No. 385, the buyer must fill in the return sections at the bottom of the seller’s invoice delivered with the goods completely and correctly, sign it, send one copy to the seller along with the product, and keep the other copy. The right of withdrawal is up to the buyer. It starts from the day the goods are delivered. The shipping cost of the returned product or products must be borne by the buyer.
There is no right of withdrawal for goods prepared in line with the buyer’s wishes and/or his personal needs.
If the buyer exercises his right of withdrawal, the seller will return the total price received and any documents that put the consumer in debt, if any, within ten days from the receipt of the invoice containing the withdrawal notification together with the product, without incurring any costs to the consumer.
The decrease in the value of the delivered goods or the existence of a reason that makes return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the seller must compensate the value of the goods or the decrease in value.
The general return period for any product purchased by mistake is 15 days. During this period, returns of products whose packaging has been opened, used, damaged, etc. will not be accepted. Returns must be made with the original packaging.
In cases where any opening, deterioration, breakage, destruction, tearing, use or other situations are detected in the product and its packaging purchased by mistake, and if the product cannot be returned in the same condition as when it was delivered to the buyer, the product will not be returned and the price will not be refunded.
For product returns, the situation must first be reported to customer service. Information about sending the product for return is communicated to the customer by the seller. After this meeting, the product must be delivered to the seller, together with the invoice containing information regarding the return, through the cargo company that delivered the product to the buyer’s address. If the returned product reaching the seller meets the conditions specified in this contract, it is accepted as a refund and the refund is made to the buyer’s credit card/account. No refund will be made unless the product is returned. The time period for refunds made to the Credit Card to be reflected in the credit card accounts is at the discretion of the relevant bank.
If the purchase is made by credit card and in installments, the refund procedure to the credit card will be applied as follows: If the buyer requests the purchase of the product in how many installments, the Bank makes the refund to the buyer in installments. After the seller pays the entire product price to the bank at once, in case the installment expenditures made through the Bank’s POS are refunded to the buyer’s credit card, the requested refund amounts are transferred by the Bank to the holder’s accounts in installments, in order to prevent the parties involved in the matter from being victimized. The installments paid by the buyer until the cancellation of the sale. If the refund date and the card’s cut-off dates do not coincide, 1 (one) refund will be reflected on the card every month, and the buyer will receive the installments he paid before the refund for another month after the installments of the sale are completed, equal to the number of installments he paid before the refund, and will be deducted from his current debts.
In case of return of goods and services purchased by card, the seller cannot pay the buyer in cash, in accordance with the contract made with the Bank. In case of a refund transaction, the member business, that is, the seller, will make the refund through the relevant software, and since the member business, that is, the seller, is obliged to pay the relevant amount to the Bank in cash or as an offset, payment cannot be made to the buyer in cash, in accordance with the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the above procedure, after the buyer pays the amount to the Bank in one lump sum.
Article 10 – Warranty
Products that are used and cleaned in accordance with the instructions for use are guaranteed for 3 months against all kinds of manufacturing defects under the following conditions : The seller’s warranty liability is valid only for consumers within the scope of Law No. 4077. For commercial works.
Article 11- Confidentiality
The information specified by the buyer in this contract and the information provided to the seller for payment purposes will not be shared by the seller with third parties.
The seller will be able to disclose this information only within the scope of administrative/legal obligation. If the seller has the information requested within the scope of any judicial investigation with documented research capacity, he can provide it to the relevant authority.
Credit Card information is never stored, Credit Card information is only used to obtain authorization by being transmitted securely to the relevant banks during the collection process and is deleted from the system after the provision.
Information such as the buyer’s e-mail address, postal address and telephone are used only by the seller for standard product delivery and information procedures.
Article 12 – Competent Courts and Enforcement Offices in Case of Dispute
In case of a dispute arising from the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the place of residence of the Buyer or Seller are authorized up to the value declared by the Ministry of Industry and Trade in December every year.
If the order is placed, the Buyer is deemed to have accepted all the conditions of this agreement. 01.03.2023
