Distance Sales Agreement
ARTICLE 1 - PARTIES TO THE CONTRACT
POLATDEMİR TURİZM TİCARET A.Ş
Address: Mesihpaşa Mah. Aksaray Cad. Hotel Polat Demir Blok No: 7/A
Email: info@lasagrada.com.tr
BUYER: The customer (Buyer is the person who shops from the website https://www.lasagrada.com.tr/. The address and contact information provided by the buyer in the invoice and contact details are taken as basis.)
By accepting this contract, the BUYER agrees to enter into the obligation to pay the price of the order, any shipping fees, taxes, and other additional fees mentioned if the order is confirmed, and acknowledges being informed about this.
ARTICLE 2 - SUBJECT OF THE CONTRACT:
The subject of this contract is the determination of the rights and obligations of the parties in accordance with Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts regarding the sale and delivery of goods/services ordered electronically by the Buyer from the Seller’s website https://www.lasagrada.com.tr/. which are specified in the contract and at the sales price stated in the contract.
The Buyer confirms and declares that they are informed about the basic characteristics, sales price, payment method, delivery conditions, etc. of the goods/services subject to sale; they have electronically confirmed this preliminary information and then ordered the goods/services according to the provisions of this contract. Also, it is not possible to exercise the right of withdrawal for products whose protective elements such as packaging, seals, packets have been opened after delivery, as it is not suitable for return due to health and hygiene reasons. Opening the product packaging is an exception to the right of withdrawal.
The prices listed and advertised on the site are sales prices. The advertised prices are valid until they are updated or changed. If there is a product advertised for a limited period, the advertised price will be valid until the end of the specified period.
The Buyer guarantees that the data entered into the system during site membership or shopping are owned by them or they are authorized to use and share them; they will not enter any data into the system that they do not own or are not authorized to use, otherwise, they accept and undertake that all responsibility belongs to them. The preliminary information and invoice on the https://www.lasagrada.com.tr/. payment page are integral parts of this contract. When the order is completed, the Buyer is deemed to have accepted all terms of this contract. The listed and advertised prices are sales prices. The advertised prices and promises are valid until they are updated and changed. Temporarily advertised prices are valid until the end of the specified period.
ARTICLE 3 - DATE OF THE CONTRACT, DELIVERY OF GOODS/SERVICES, PLACE AND METHOD OF PERFORMANCE OF THE CONTRACT:
This contract is drafted on the date the Buyer places the order. The goods/services will be delivered to the address specified by the Buyer. It is necessary to open and inspect packages thought to be damaged during shipment in the presence of the shipping company official. If there is any damage to the product, a report should be made with the shipping company, and the product should not be accepted. If no report is made, the BUYER is deemed to have accepted that the shipping company has fully fulfilled its duty after receiving the product.
ARTICLE 4. GENERAL PROVISIONS
4.1. The BUYER acknowledges that they have read and are informed about the basic characteristics, sales price, payment method, and delivery information of the products shown on the WEBSITE and has given the necessary confirmation for the electronic sale.
4.2. The PRODUCT shall be delivered to the delivery address specified by the BUYER on the WEBSITE, together with the invoice, properly packaged and intact, within a maximum of 30 days.
4.3. If the PRODUCT is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the intended recipient refuses to accept the delivery.
4.4. It is the BUYER’s responsibility to check the PRODUCT at the time of delivery and to make a report with the SHIPPING company official if there are any issues arising from the shipping. Otherwise, the SELLER will not accept any responsibility.
4.5. The Contract approved by the BUYER during shopping from the WEBSITE is sufficient and valid under all circumstances.
4.6. Unless otherwise stated by the SELLER, the BUYER must have fully paid the price before receiving the PRODUCT. If the PRODUCT price is not paid to the SELLER before delivery, the SELLER may unilaterally cancel the contract and not deliver the PRODUCT.
4.7. If, for any reason, the bank/financial institution that the transaction credit card belongs to does not pay the PRODUCT price to the SELLER after the PRODUCT delivery, the PRODUCT shall be returned to the SELLER by the BUYER within 3 days at the BUYER’s expense. The SELLER's rights to follow up on the PRODUCT price claim including all contractual-legal rights are separately and always reserved. For clarity; Payment facilities provided by banks and financial institutions such as credit cards, installment cards, etc., are credit and/or installment payment facilities provided directly by the mentioned institutions; In this context, PRODUCT sales for which the SELLER has collected the full price do not count as installment sales for the parties to this Contract, they are cash sales. The SELLER’s legal rights in legally installment sales (including the rights to terminate the contract and/or demand the payment of the entire remaining debt with default interest if any installment is not paid) are existing and reserved. In case of BUYER’s default, default interest at the rate of 5% per month is applied.
4.8. If the PRODUCT cannot be delivered within 30 days due to extraordinary circumstances outside the normal sales conditions (such as bad weather, earthquake, flood, fire), and the delay exceeds 10 days, the SELLER will inform the BUYER regarding the delivery. In this case, the BUYER can cancel the order, order a similar product, or wait until the end of the extraordinary situation. In cases of order cancellation where the PRODUCT price has been collected, it will be refunded to the BUYER within 10 days. For credit card payments, the refund process will also be done by refunding to the BUYER's credit card or bank account.
4.9. The BUYER can report demands and complaints related to the PRODUCT and the sale to the SELLER through the communication channels of the SELLER specified in the introduction of the Contract.
4.10. Delivery of the contract subject product is conditional upon the product price being paid by the payment method preferred by the BUYER. If the product price is not paid for any reason or is canceled in bank records, the SELLER is considered to have been released from the obligation to deliver the product.
4.11. The SELLER has the right to reach the BUYER for communication, notification, and other purposes by letter, email, SMS, phone call, and other means over 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 later updated by themselves. By accepting this contract, the BUYER accepts and declares that the SELLER can perform the communication activities mentioned above. The rights of the BUYER in the Illumination Text and Privacy Policy on the Site are reserved.
4.12. The BUYER agrees and undertakes in advance to comply with the provisions of the legal legislation while using the SELLER’s internet site and not to violate them. Otherwise, all legal and criminal responsibilities that arise will be fully and exclusively imposed on the BUYER.
ARTICLE 5 - RIGHT OF WITHDRAWAL
Before accepting packages that you think were damaged during shipment, open and check them in front of the shipping company official. If there is any damage to the product, have a report made with the shipping company and do not accept the product. If you do not make a report, remember that you are considered to have accepted that the shipping company has fully performed its duty after receiving the product.
If any spoilage, breakage, destruction, tearing, usage, or similar conditions are detected in the product and it is not returned in the same condition as it was delivered to the customer, the product will not be accepted for return and the price will not be refunded.
If you return the product, your return process will be completed within seven (7) business days from the moment the product reaches the company.
Once the return process is approved, credit card refunds will be made within 5 business days. Your bank may not reflect the credit card refunds in the same statement period. In this case, you should call your bank's credit card service.
ARTICLE 6 - PROTECTION OF PERSONAL DATA AND PRIVACY
The information specified by the BUYER in this Contract and the information provided to the SELLER for the purpose of payment will not be shared with other third parties, except for the contracted cargo company by the SELLER. If the SELLER is forced to disclose this information within the framework of administrative or legal obligations, the BUYER cannot hold the SELLER responsible. The SELLER declares that it will process the personal data of the BUYER, a party to this Contract, for the purpose of the performance and establishment of this Contract, in accordance with the primary and secondary obligations arising from Law No. 6698, that it will prevent the illegal processing of the personal data obtained, access to them, and their disclosure, and ensure their preservation, and that appropriate technical and administrative measures are taken to ensure data security. The SELLER will also delete, destroy, or anonymize the data whose processing purpose has been removed in compliance with the periods prescribed in other laws. By approving this Contract, the BUYER accepts, declares, and undertakes that they have been informed in accordance with Law No. 6698 within the scope of the Illumination Text.
ARTICLE 7 - EVIDENCE AGREEMENT, COMPETENT COURT, AND ENFORCEMENT
In the resolution of any disputes arising from and/or the implementation of this Contract, SELLER records (including magnetic media records such as computer-audio recordings) shall constitute conclusive evidence; Consumer Arbitration Committees up to the value announced by the Ministry of Science, Industry and Technology are authorized, and in exceeding cases, Istanbul Anatolian Consumer Courts and Execution Directorates are competent.
The BUYER declares, accepts, and undertakes that they have read all the conditions and explanations written in this contract and the order form which is an integral part of this contract, received, reviewed, and accepted all the sales conditions and all other preliminary information.
The BUYER is deemed to have accepted all terms of this contract when they make the payment for the order placed on the Site. The SELLER is obliged to make the necessary software adjustments to ensure that this contract is read and accepted by the BUYER on the site before the order is completed.