Distance Selling Agreement
1. PARTIES
This Distance Sales Agreement ("Agreement") is concluded electronically between the Buyer, whose address is specified in Article 5, and ASPA PAZARLAMA VE DIŞ TİCARET LİMİTED ŞİRKETİ, located at Zübeyde Hanım Mah. Tesviyeci Cad. Seçim Sok. No: 67/A İskitler Ankara, ("Seller"), under the terms and conditions set forth below.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms listed below shall have the meanings given in writing opposite them.
Minister: The Minister of Customs and Trade, Ministry: The Ministry of Customs and Trade, Law: The Law on Consumer Protection, Regulation: The Regulation on Distance Contracts, Service: The subject of any consumer transaction other than the provision of goods, performed or promised to be performed for a fee or benefit, Seller: A natural or legal person, including public legal entities, who offers goods to a consumer for commercial or professional purposes, or who acts on behalf of or for the account of the person offering the goods, Buyer: A natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes, Website: The website lovostudio.co belonging to the SELLER, Orderer: A natural or legal person who requests a good or service through the website lovostudio.co belonging to the SELLER, Parties: The SELLER and the BUYER, Contract: This contract is concluded between the SELLER and the BUYER. The Contract, Product or Products: refers to movable property, residential or holiday properties, and all kinds of products prepared for use in electronic environments, such as software, audio, video, and similar items.
TOPIC 3
The subject of this Agreement is the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered by the BUYER electronically through the SELLER's website, and the determination of the rights and obligations of the Parties in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts. The prices listed and advertised on the site are sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited time are valid until the end of the specified period.
4. MATTERS OF WHICH THE BUYER WAS PREVIOUSLY INFORMED
4.1. The BUYER acknowledges that, prior to the establishment of this Agreement by accepting it on the Website and placing an order or incurring payment obligations, they have reviewed, read, understood, and received all necessary information regarding the general and specific statements on the relevant pages/sections of the Website.
a) The SELLER's title, contact information, and current identifying information,
b) Appropriate tools and methods for the stages of the sales process when purchasing Products from the Website and for correcting incorrectly entered information,
c) Electronic contact information from which the SELLER can obtain information about the Professional Chamber to which it belongs (ATO - Ankara Chamber of Commerce) and the codes of conduct prescribed by ATO regarding the profession (Telephone: 444 0 286, www.atonet.org.tr)
d) The privacy, data usage-processing, and electronic communication rules applicable to the BUYER's information applied by the SELLER, the BUYER's permissions given to the SELLER in these matters, the BUYER's legal rights, the SELLER's rights, and the methods of exercising the rights of the parties,
e) Shipping restrictions imposed by the SELLER for the products,
f) The payment methods/instruments accepted by the SELLER for the Products subject to the contract, the basic features/qualities of the Products, the total price including taxes (the total amount to be paid by the BUYER to the SELLER, including related costs),
g) Information regarding the procedures for delivering the Products to the BUYER and the shipping, delivery, and cargo costs.
h) Other payment/collection and delivery information related to the products, and information regarding the performance of the Contract, and the responsibilities of the parties in these matters,
i) Products and other goods/services for which the BUYER does not have the right to withdraw,
j) In cases where the BUYER has the right to withdraw from the contract, the conditions, duration and procedure for exercising this right, and the fact that the BUYER will lose the right to withdraw if it is not exercised within the specified period.
k) In the case of Products subject to the right of withdrawal, if the Product is damaged or altered due to non-use in accordance with the instructions for use, normal operation, or technical specifications within the withdrawal period, the BUYER's request for withdrawal may not be accepted, and in any case, the BUYER shall be liable to the SELLER. In cases where the SELLER accepts the offer, it may deduct an amount deemed appropriate from the refund to be made to the BUYER, depending on the damage or alteration in question.
l) In cases where the right of withdrawal exists, how the BUYER can return the Products to the SELLER and all related financial matters (including return methods, costs, refund of the Product price, and any discounts and offsets that may be applied to reward points earned/used by the BUYER during the return process),
m) Details of the terms and conditions (special conditions) for various offers that may be applied periodically on the BUYER's Website,
n) All other sales terms and conditions included in this Agreement, as per their nature, are sent to the BUYER via email after this Agreement is established by the BUYER's approval on the WEBSITE, and can be stored and accessed by the BUYER for the requested period, and the SELLER may also store them for a period of three years.
(o) In case of disputes, the BUYER may submit complaints to the SELLER using the provided contact information, and may file legal applications to the District/Provincial Arbitration Boards and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
5. SELLER INFORMATION
Company Name: ASPA MARKETING AND FOREIGN TRADE LIMITED COMPANY
Address: Zübeyde Hanım Mah. Tesviyeci Cad. Seçim Sok. No: 67/A İskitler Ankara Phone: 0850 811 11 21 Fax: 0312 920 02 03 Email address: info@lovostudio.co
6. BUYER INFORMATION
Recipient: {DELIVERYRECIPIENT} Delivery Address: {DELIVERYADDRESS} Phone: {DELIVERYPHONE} Fax: - Email/Username: {DELIVERYEMAIL}
7. ORDERER INFORMATION
Name/Surname/Title:{DELIVERYRECIPIENT} Address:{DELIVERYADDRESS} Phone:{DELIVERYPHONE} Fax:- Email/Username:{DELIVERYEMAIL}
8. BILLING INFORMATION
Name/Surname/Title:{INVOICE RECIPIENT} Address:{INVOICEADDRESS} Phone:{INVOICEPHONE} Fax:- Email/Username:{INVOICEEMAIL}
Invoice Delivery: The invoice will be delivered to the delivery address along with the order during delivery.
9. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT
9.1. The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are available on the SELLER's website. You can review the basic characteristics of the product during the campaign period.
9.2. The prices listed and advertised on the site are sales prices. Advertised prices and offers are valid until updated or changed. Prices advertised for a limited time are valid until the end of the specified period.
9.3. All details of the goods or services subject to this contract are shown in the table below.
{PRODUCT ITEMS}
9.4. Shipping costs, including all other taxes, duties, and fees, will be paid by the BUYER.
10. GENERAL PROVISIONS
10.1. The BUYER acknowledges, declares, and undertakes that they have read and are informed about the essential characteristics of the Product subject to this Contract, the sales price, the payment method, and preliminary information regarding delivery on the Website, and that they have provided the necessary confirmation electronically. The BUYER also acknowledges, declares, and undertakes that by confirming the Preliminary Information electronically, before the conclusion of the distance sales contract, they have received accurate and complete information from the SELLER regarding the address, the essential characteristics of the ordered products, the price of the products including taxes, and payment and delivery information.
10.2. Each product subject to this contract will be delivered to the BUYER or to the person and/or entity at the address indicated by the BUYER within the time frame specified in the preliminary information section of the website, depending on the distance to the BUYER's place of residence, provided that this period does not exceed the legal limit of 30 days. If the SELLER fails to fulfill its obligation within this period, the BUYER may terminate the Contract.
10.3. The SELLER accepts, declares and undertakes to deliver the product subject to the Contract completely, in accordance with the specifications stated in the order, and with any warranty documents, user manuals, and other necessary information and documents; to deliver the product free from any defects, in accordance with legal regulations, in a sound and standard-compliant manner; to perform the work with accuracy and honesty; to maintain and improve service quality; to exercise the necessary care and diligence during the performance of the work; and to act with prudence and foresight.
10.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from the Contract.
10.5. The BUYER acknowledges, declares, and undertakes that it will confirm this Agreement electronically for the delivery of the Product subject to this Agreement, and that if the price of the Product subject to this Agreement is not paid for any reason and/or is canceled in the records of the bank or financial institution, the SELLER's obligation to deliver the Product subject to this Agreement shall cease. The BUYER acknowledges, declares, and undertakes that the SELLER shall have no responsibility whatsoever regarding payments made to the SELLER by the bank and/or financial institution, even if a failure code is sent by the bank and/or financial institution for any reason.
10.6. The BUYER acknowledges, declares, and undertakes that if, after delivery of the Product subject to this Contract to the BUYER or to the person and/or entity at the address indicated by the BUYER, the price of the Product subject to this Contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized and wrongful use of the BUYER's credit card by unauthorized persons, the BUYER will return the Product subject to this Contract to the SELLER within 3 days, with the shipping costs borne by the SELLER.
10.7. The SELLER acknowledges, declares, and undertakes that if it is unable to deliver the product subject to this contract within the specified time due to force majeure events, such as unforeseen circumstances beyond the control of the parties that prevent and/or delay the parties from fulfilling their obligations, it will notify the BUYER of the situation. The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product with an equivalent if available, and/or the postponement of the delivery period until the hindering situation is resolved. In case of cancellation of the order by the BUYER, the product amount will be refunded in cash within 10 (ten) days for payments made by the BUYER. For payments made by credit card, the product amount will be refunded to the relevant bank within 7 (seven) days after the order is canceled by the BUYER. The BUYER acknowledges, declares, and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 (two) to 3 (three) weeks, and that the reflection of this amount in the BUYER's account after its return to the bank is entirely related to the bank's processing time, and therefore, the BUYER cannot hold the SELLER responsible for any possible delays.
10.8. The BUYER shall inspect the goods/services subject to the Contract before taking delivery; the BUYER shall not accept damaged or defective goods/services from the shipping company, such as those that are dented, broken, or have torn packaging. Goods/services received shall be deemed undamaged and in good condition. The obligation to carefully protect the goods/services after delivery rests with the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
10.9. If the BUYER and the credit card holder used during the order process 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 may request the BUYER to provide the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the cardholder's bank confirming that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if these requests are not met within 24 (twenty-four) hours, the SELLER reserves the right to cancel the order.
10.10. The BUYER declares and undertakes that the personal and other information provided while registering on the SELLER's website is accurate and that the BUYER will immediately, in cash and in full, compensate the SELLER for all damages that the SELLER may suffer due to the inaccuracy of this information, upon the SELLER's first notification.
10.11. The BUYER hereby accepts and undertakes to comply with and not violate the provisions of legal legislation while using the SELLER's website. Otherwise, all legal and criminal liabilities arising therefrom shall be entirely and exclusively binding on the BUYER.
10.12. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, disturbs or harasses others, for an illegal purpose, or infringes upon the material or moral rights of others. Furthermore, members may not engage in activities that prevent or hinder others from using the services (spam, viruses, Trojan horses, etc.).
10.13. The SELLER's website may contain links to other websites and/or content that are not under the SELLER's control and/or are owned and/or operated by other third parties. These links are provided to facilitate navigation for the BUYER and do not constitute an endorsement of any website or the person operating that website, nor do they provide any guarantee regarding the information contained on the linked website.
10.14. Any member who violates one or more of the clauses in this membership agreement shall be personally liable, both criminally and legally, for such violation and shall hold the SELLER harmless from the legal and criminal consequences of such violations. Furthermore, in the event that the matter is brought to court due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
11. SPECIAL CONDITIONS
11.1. The BUYER may make purchases from multiple boutiques in a single shopping cart on the Website. The SELLER may issue multiple invoices for each item purchased from different boutiques within the same cart. For the avoidance of doubt, it should be noted that the SELLER may deliver the products purchased by the BUYER from different boutiques at different times, provided that this remains within the legally mandated timeframe.
11.2. The SELLER, at its sole discretion, may offer various campaigns on the Website for BUYERS from time to time, the terms of which will be determined by the SELLER (campaigns in which discounts determined by the SELLER are applied to BUYERS when purchases are made simultaneously from one and/or more boutiques in amounts determined by the SELLER). However, if the BUYER returns the purchased products for any reason, such as due to a return, right of withdrawal, etc., and the campaign conditions set by the SELLER are not met for any reason, the discount amount/benefit received under the campaign will be canceled and deducted from the refund payment to be made to the BUYER.
11.3. If the BUYER is eligible to benefit from more than one campaign on the same invoice, the campaigns will not be combined, and the BUYER will only be able to benefit from one campaign. In such a case, the BUYER acknowledges, declares, and undertakes that they will not make any claims.
11.4. The SELLER reserves the right to discontinue, update, and change the terms and conditions of any campaigns announced on the Website at any time. The BUYER must review the campaign terms and conditions before making each purchase from the Website.
11.5. Your bank may offer campaigns allowing for a higher number of installments than you selected, or provide services such as deferred payments. Such campaigns are at your bank's discretion, and if the SELLER is aware of them, information about these campaigns is provided on our pages. The total order amount will be divided by the number of installments and reflected on your credit card statement by your bank, starting from your credit card statement date. The bank may not distribute the installment amounts equally across the months, taking fractional differences into account. The creation of your detailed payment plan is at your bank's discretion.
12. RULES RELATED TO THE PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC COMMUNICATION, AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
12.1. Information belonging to the BUYER that can be defined as personal data within the scope of the Law No. 6698 on the Protection of Personal Data, such as name, surname, e-mail address, Turkish Republic Identity Number, demographic data, financial data, etc.;
* Data may be recorded, stored in written/magnetic archives, used, updated, shared, transferred and processed in other ways by the SELLER, SELLER affiliates and third parties and/or organizations indefinitely/for a limited period for the purposes of receiving orders, offering products and services, improving products and services, resolving systemic problems, processing payments, -with prior approval- using data for marketing activities regarding orders, products and services, updating the BUYER's information and managing and maintaining memberships, fulfilling the distance sales contract and other contracts established between the BUYER and the SELLER, and enabling third parties to perform technical, logistical and other similar functions on behalf of the SELLER.
12.2. DSM Grup Danışmanlık İletişim ve Satış Ticaret Anonim Şirketi may send commercial electronic communications to BUYERS via SMS/short message, instant notification, automated calls, computer, telephone, e-mail/mail, fax, and other electronic communication tools for the purpose of promotion, advertising, communication, sales and marketing of all kinds of products and services, and for credit card and membership information, transactions and applications, in accordance with the applicable legislation. The BUYER accepts receiving commercial electronic messages.
12.3. Necessary measures for the security of information and transactions entered by the BUYER on the Website have been taken by the SELLER within its own system infrastructure, in accordance with the nature of the information and transaction and the current technical capabilities. However, since the information in question is entered from the BUYER's devices, the responsibility for taking necessary precautions, including those related to viruses and similar harmful applications, to protect this information and prevent access by unauthorized persons rests with the BUYER.
12.4. The BUYER may request the SELLER to stop the use/processing of data and/or communications at any time by contacting the SELLER through the specified communication channels. According to the BUYER's explicit notification in this regard, the processing of personal data and/or communications to the BUYER will be stopped within the maximum legal period; furthermore, if desired, information other than that which must be legally retained and/or is possible to retain will be deleted from the data recording system or anonymized in a way that prevents identification. The BUYER may also contact the SELLER at any time to obtain information regarding the processing of their personal data, the persons to whom it is transferred, correction of incomplete or incorrect data, notification of corrected information to relevant third parties, deletion or destruction of data, objection to a result arising against them through analysis by automated systems, and compensation for damages incurred due to unlawful processing of data. These requests will be examined, and the BUYER will receive a response within the legal timeframe stipulated by legislation.
12.5. All intellectual and industrial property rights and ownership rights regarding all information and content on the Website, and their arrangement, revision, and partial/complete use, except those belonging to other third parties according to the SELLER's agreement, belong to DSM Grup Danışmanlık İletişim ve Satış Ticaret Anonim Şirketi.
12.6. Other websites accessed through this Website have their own privacy and security policies and terms of use, and the SELLER is not responsible for any disputes or negative consequences that may arise from them.
13. RIGHT OF WITHDRAWAL
13.1. The BUYER may exercise their right to withdraw from the contract without giving any reason within 15 (fifteen) days, although legally it is 14 (fourteen) days, from the date of delivery of the product to themselves or to the person/entity at the address indicated, in distance contracts relating to the sale of goods. In distance contracts relating to the provision of services, this period starts from the date the contract is signed. The BUYER must notify the SELLER of the exercise of the right of withdrawal within this period. Before accepting the distance contract or any corresponding offer, the BUYER is clearly and understandably informed by the seller or provider about the matters specified in the regulations and the obligation to pay if they approve the order, and the BUYER acknowledges that they have been informed in advance. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the expiration of the withdrawal period. The costs arising from the exercise of the right of withdrawal belong to the SELLER.
13.2. To exercise the right of withdrawal, a written notification must be sent to the SELLER by registered mail, fax or e-mail within 15 (fifteen) days, and the product must be unused, in accordance with the provisions of Article 11 titled “Products for which the Right of Withdrawal Cannot Be Exercised”. If this right is exercised,
a) The invoice for the product delivered to the third party or the BUYER. (If the invoice for the product to be returned is issued to a company, it must be sent together with the return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) Products to be returned must be delivered complete and undamaged, including the box, packaging, and any standard accessories.
d) The SELLER is obligated to return the total amount and any documents obligating the BUYER to debt within a maximum of 10 days from the date of receipt of the cancellation notice, and to retrieve the goods within 20 days.
(e) If the value of the goods decreases or return becomes impossible due to a fault of the BUYER, the BUYER is obligated to compensate the SELLER for the damages in proportion to the fault.
f) If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount received under the campaign will be cancelled.
In cases where the BUYER exercises their right of withdrawal, or if the product ordered cannot be supplied for various reasons, or if a refund is decided upon by an arbitration committee, and the purchase was made by credit card in installments, the credit card refund procedure is as follows:
The bank will refund the buyer in installments, regardless of the number of installments the buyer used to purchase the product. After the seller pays the full product price to the bank in a single payment, in cases where installment payments made through bank POS terminals are refunded to the buyer's credit card, the requested refund amounts will be transferred to the cardholder's account in installments by the bank to prevent any party from being disadvantaged. If the refund date and the card's statement date do not coincide, one refund will be credited to the card each month for the installments paid before the cancellation of the sale. The buyer will receive a refund for the installments paid before the cancellation for the same number of months after the sale installments are completed, and this amount will be deducted from their current debt.
14. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
According to Article 15 titled "Exceptions to the Right of Withdrawal" of the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014, and Article 6 of the distance sales contract approved electronically between the parties, the goods must be unused and in a condition suitable for resale by the seller. The BUYER cannot exercise the right of withdrawal in the following cases:
a) Contracts for goods or services whose price varies depending on fluctuations in financial markets and is beyond the seller's control (e.g., jewelry, gold and silver products).
(b) For goods prepared according to the consumer's wishes or personal needs.
c) For perishable goods or goods that may expire.
d) In the case of goods whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery; and whose return is not suitable for health and hygiene reasons.
e) In contracts relating to books, audio or video recordings, software programs and computer consumables (all types of software and programs, DVDs, VCDs, CDs and cassettes, computer and stationery consumables (toner, cartridges, ribbons, etc.), telephone credit orders) presented in a physical medium, provided that the protective elements such as packaging, tape, seal or wrapping have been opened by the consumer.
f) In the case of books, digital content, and computer consumables presented in physical media, if the protective elements such as packaging, tape, seal, or wrapping have been opened after delivery of the goods.
g) In periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
h) Activities that must be carried out on a specific date or during a specific period, including accommodation, transporting goods, renting a car, supplying food and beverages, and spending leisure time for entertainment or recreation.
i) For services performed instantly in an electronic environment or products delivered instantly to the consumer.
j) For services that have begun to be performed with the consumer's consent before the expiration of the withdrawal period.
15. DEFAULT AND ITS LEGAL CONSEQUENCES
The BUYER acknowledges, declares, and undertakes that in the event of default on transactions made with a credit card, the BUYER will be liable to pay interest and be responsible to the card-issuing bank in accordance with the credit card agreement between the BUYER and the bank. In this case, the relevant bank may resort to legal action; it may demand the resulting costs and attorney fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER acknowledges, declares, and undertakes that they will pay the SELLER for any damages and losses incurred due to the delayed performance of the debt.
16. AGREEMENT ON EVIDENCE AND COMPETENT COURT
In resolving any disputes arising from this Agreement and/or its implementation, the SELLER's records (including records on magnetic media such as computer and audio recordings) shall constitute conclusive evidence. The parties agree that in disputes arising from the implementation and interpretation of this Agreement, the Consumer Arbitration Boards located in the place of residence of the BUYER and SELLER shall have jurisdiction within the monetary limits determined by legislation, and in cases exceeding these limits, the Consumer Courts of the BUYER and SELLER shall have jurisdiction.
17. EFFECTIVE DATE
By placing an order through the website and completing the payment, the BUYER shall be deemed to have accepted all the terms and conditions of this Agreement. The SELLER is obligated to implement software arrangements on the website to prevent orders from being placed without confirmation from the BUYER that they have read and accepted this Agreement.
