Distance Sales Contract

ARTICLE-1. PARTIES

1.1. SELLER:
TITLE: LIBADE – MUSTAFA AVCISOY
ADDRESS: Rumeli District Gokdere Street No: 6B Corlu / Tekirdag
TEL : 0282 606 04 16
E-MAIL: info@libade.com

1.2. BUYER:
NAME/SURNAME/TITLE:
ADDRESS :
PHONE :
E-MAIL :

ARTICLE-2. SUBJECT
The subject of this contract is the determination of 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 the Application Principles and Procedures of Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the SELLER's website www.libade.com.

ARTICLE-3. PRODUCT SUBJECT TO THE CONTRACT
3.1. Type and kind of products, quantity, brand/model, color, sales price including taxes (as quantity x unit price) are as stated below.

3-2. Payment Method:
The section above contains information on how many installments the order total will be paid in to your bank.
Your bank may organize campaigns and apply a higher number of installments than the number you have selected, and services such as installment deferral may be offered. Such campaigns are at the discretion of your bank and if our company is aware of them, information about the campaigns is provided on our pages.
Starting from the statement date of your credit card, the order total will be divided by the number of installments and reflected on your credit card statement by your bank. The bank may not distribute the installment amounts equally to the months by taking into account fractional differences. The creation of your detailed payment plan is at the discretion of your bank.

3.3. On the other hand, since the forward sales are made only with credit cards belonging to the Banks, the buyer accepts, declares and undertakes that he/she will also confirm the relevant interest rates and default interest information from his/her 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.

3.4. Return Procedure:
a. CREDIT CARD REFUND PROCEDURE
In cases where the Buyer exercises his/her right of withdrawal or the product in question cannot be supplied for various reasons or the Arbitration Committee decides to refund the amount to the Consumer, if the purchase was made by credit card and in installments, the procedure for refunding the amount to the credit card is stated below:

The Bank makes the refund to the customer in installments, regardless of the number of installments in which our Customer purchased the product. After Libade pays the entire product price to the bank in one go, in the event that the installment expenses made from the Bank POS are refunded to our Customer's credit card, the requested refund amounts are transferred to the holder accounts by the Bank in installments so that the parties involved in the matter do not suffer.
The installment amounts paid by the customer until the sale cancellation will be reflected on the card as 1 refund each month if the refund date does not coincide with the card's statement closing dates, and the customer will receive the installments paid before the refund for an additional month after the sale installments are completed, as many months as the number of installments paid before the refund, and will be deducted from their current debts.
In case of return of goods and services purchased with the card, Libade cannot make cash payment to the Customer in accordance with the contract it has made with the Bank. In case of a return transaction, the member business, namely Libade, will make the return through the relevant software, and since the member business, namely Libade, is obliged to pay the relevant amount to the Bank in cash or on account, payment cannot be made to the Customer in cash in accordance with the procedure we have explained above. Refund to the credit card will be made by the Bank in accordance with the above procedure after Libade pays the amount to the Bank in a single payment.

The Buyer acknowledges and undertakes that he/she has read and accepted this procedure.

b. REFUND PROCEDURE FOR CASH ON DELIVERY AND TRANSFER/EFT PAYMENT OPTIONS
In case of cash on delivery and bank transfer/EFT payment options, the refund will be made to the account specified by the Consumer by requesting bank account information (the account must be in the name of the person at the billing address or in the name of the user member) via bank transfer/EFT.

3.5. Delivery Method and Address:
Delivery Address :
Person to be Delivered:
Billing Address :

The delivery will be hand-delivered to the Buyer's address specified above via the cargo company. Even if the Buyer is not at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. Therefore, all kinds of damages arising from the Buyer receiving the product late and the expenses incurred due to the product waiting at the cargo company and/or the return of the cargo to the SELLER belong to the BUYER.

ARTICLE 4. GENERAL PROVISIONS
4.1. The BUYER declares that he/she has read and is informed about the basic characteristics, sales price, payment method and preliminary information regarding delivery of the contractual product on the www.libade.com website and has given the necessary confirmation electronically.
4.2. The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal 30-day period.
4.3. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the product is to be delivered does not accept the delivery.
4.4. SELLER is responsible for the delivery of the contractual product in a sound, complete manner, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.
4.5. In order for the product subject to the contract to be delivered, the signed copy of this contract must be delivered to the SELLER and the price must be paid using the payment method preferred by the BUYER. If the product price is not paid or is cancelled in the bank records for any reason, the SELLER is deemed to be relieved of its obligation to deliver the product.
4.6. If the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons for reasons not caused by the BUYER's fault after the delivery of the product, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs belong to the BUYER.

ARTICLE 5. RIGHT OF WITHDRAWAL
5.1. The BUYER has the right of withdrawal by rejecting the goods within 7 days from the delivery of the product subject to the contract to him/her or to the person/organization at the address he/she has indicated. The product price is refunded to the BUYER within 10 days from the date the consumer's notice of withdrawal reaches the seller. (See Regulation on Distance Contracts, article 9/2) The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER.

5.2. We undertake that the consumer has the right to withdraw from the contract by rejecting the goods or services within seven days from the date of receipt of the goods or signing of the contract, without assuming any legal or criminal liability and without giving any justification, and to take back the goods as of the date the notice of withdrawal reaches the seller or provider.

5.3. In order for the return procedures to be carried out in accordance with the general circular of the tax procedure law numbered 395, the relevant sections of the invoice that includes the return section that we have sent to you must be filled in completely and sent back to us together with the product after being signed.

5.4. However, since our Customers do not pay VAT on their orders for TRNC and international shipments, they are responsible for paying the taxes on the products they receive at customs. Customers do not have the right of withdrawal for products that are not received from customs in any way.

Because, in accordance with Article 8 of the REGULATION ON THE APPLICATION PROCEDURES AND PRINCIPLES OF DISTANCE CONTRACTS, in distance contracts regarding the sale of goods, the Consumer has the right to withdraw from the contract by rejecting the goods within seven days from the date of receipt without assuming any legal or criminal liability and without giving any reason.

ARTICLE 6. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
6.1. The exercise of the right of withdrawal for products is subject to the condition that the packaging of the product is unopened, undamaged and the product has not been used.

ARTICLE 7. DEFAULT PROVISIONS
7.1. In the event that the parties fail to fulfill their obligations arising from this contract, the provisions of the Debtor's Default in Articles 106-108 of the Code of Obligations shall apply. In cases of default, if any party fails to fulfill its obligations within the time limit without a justified reason, the other party shall grant the party that has failed to fulfill its obligation a period of 7 days to fulfill the obligation in question. If fulfillment is made within this period, the party that has failed to fulfill its obligation shall be deemed to be in default and the creditor shall have the right to demand the delivery of the goods and/or the termination of the contract and the refund of the price by demanding the performance of the obligation.

7.2. If the SELLER cannot deliver the product subject to the contract within the specified time due to force majeure or extraordinary events such as adverse weather conditions, interruption of transportation, fire, earthquake, flood that may prevent the SELLER from fulfilling this obligation, in such cases the Buyer may exercise one of the rights of canceling the order or postponing the delivery period until the preventing situation is eliminated, as Libade has no responsibility. If the BUYER cancels the order, the amount paid shall be paid to the BUYER within 10 days. (For purchases made in installments with a credit card, the above procedure for refund to the credit card shall be accepted by the BUYER).

ARTICLE 8. COMPETENT COURT
In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts at the place of residence of the BUYER or SELLER are authorized up to the value declared by the Ministry of Industry and Trade.

If the order is placed, the BUYER is deemed to have accepted all the terms of this contract.

SELLER: LIBADE-MUSTAFA AVCISOY
BUYER:
HISTORY: