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Distance Sales Agreement

DISTANCE SALES AGREEMENT

1. PARTIES

This Agreement has been signed between the following parties under the terms and conditions set out below.

'BUYER': (hereinafter referred to as "BUYER")

NAME – SURNAME:
ADDRESS:

'SELLER': (hereinafter referred to as "SELLER")

NAME – SURNAME:
ADDRESS:

By accepting this Agreement, the BUYER acknowledges in advance that upon confirming the order subject to this Agreement, they will be obliged to pay the order amount and any additional charges such as shipping fees and taxes, if applicable, and that they have been duly informed of this.

2. DEFINITIONS

For the purposes of the application and interpretation of this Agreement, the following terms shall carry the meanings set out opposite them:

MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: The subject of any consumer transaction other than the provision of goods, carried out or undertaken to be carried out in exchange for a fee or benefit,
SELLER: The company that offers goods to consumers within the scope of its commercial or professional activities, or that acts on behalf of or on account of such a company,
BUYER: The natural or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDER PLACER: The natural or legal person who requests a good or service through the SELLER's website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Movable property subject to purchase, and intangible goods such as software, audio, visual and similar content prepared for use in electronic environments.

3. SUBJECT MATTER

This Agreement regulates the rights and obligations of the parties in connection with the sale and delivery of the product whose specifications and sale price are stated below, ordered by the BUYER electronically through the SELLER's website, pursuant to the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.

Prices listed and announced on the site are the sale prices. Announced prices and commitments remain valid until updated or changed. Prices announced for a limited period are valid until the end of the stated period.

4. SELLER INFORMATION

Company Name: BMM Elektronik Hizmetler Turizm Tic. Ltd. Sti.
Address: Midtown Yaşam Merkezi, Muskebi Mahallesi, Kongre Sok. No:11, Bodrum / Muğla
Phone: 0(252) 358 58 87
Fax: 0(232) 441 42 10
Email: info@lisalina.com

5. BUYER INFORMATION

Person to Receive Delivery
Delivery Address
Phone
Fax
Email / Username

6. ORDER PLACER INFORMATION

Name / Surname / Title
Address
Phone
Fax
Email / Username

7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE AGREEMENT

7.1. The basic characteristics of the goods / products / services (type, quantity, brand/model, colour, quantity) are published on the SELLER's website. If the SELLER has organised a campaign, you may review the basic characteristics of the relevant product during the campaign period. Prices are valid until the campaign end date.

7.2. Prices listed and announced on the site are the sale prices. Announced prices and commitments remain valid until updated or changed. Prices announced for a limited period are valid until the end of the stated period.

7.3. The total sale price of the goods or services subject to this Agreement, inclusive of all taxes, is shown below.

Product Description Quantity Unit Price Subtotal (VAT Included)
Shipping Fee
Total

Payment Method and Schedule
Delivery Address
Person to Receive Delivery
Billing Address
Order Date
Delivery Date
Delivery Method

7.4. Shipping costs shall be borne by the BUYER.

8. INVOICE INFORMATION

Name / Surname / Title
Address
Phone
Fax
Email / Username
Invoice Delivery: The invoice will be delivered together with the order to the billing address at the time of delivery.

9. GENERAL PROVISIONS

9.1. The BUYER acknowledges, declares, and undertakes that they have read and are informed about the basic characteristics of the product subject to this Agreement on the SELLER's website, the sale price, payment method, and preliminary information regarding delivery, and that they have provided the necessary confirmation in the electronic environment. By confirming the Preliminary Information electronically, the BUYER acknowledges, declares, and undertakes that they have correctly and completely obtained the address, the basic characteristics of the ordered products, the prices inclusive of taxes, and the payment and delivery information that the SELLER is required to provide to the BUYER prior to the conclusion of the distance sales agreement.

9.2. Each product subject to the Agreement shall be delivered to the BUYER or to the person and/or organisation at the address indicated by the BUYER within the period specified in the preliminary information section of the website, depending on the distance of the BUYER's place of residence, provided this does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the Agreement.

9.3. The SELLER acknowledges, declares, and undertakes to deliver the product subject to the Agreement completely, in accordance with the specifications stated in the order, together with any warranty documents and user manuals and other relevant documents; to fulfil its obligations soundly and in accordance with standards, free from all defects, within the framework of the principles of accuracy and integrity as required by applicable legislation; to maintain and improve service quality; and to exercise the necessary care and diligence, acting with caution and foresight during the performance of the service.

9.4. The SELLER may supply a different product of equal quality and price by notifying the BUYER before the performance obligation arising from the Agreement expires and obtaining their explicit approval.

9.5. The SELLER acknowledges, declares, and undertakes that if it is unable to fulfil its obligations under the Agreement due to the product or service becoming impossible to deliver, it will notify the BUYER in writing within 3 days from the date it becomes aware of this situation, and will refund the total amount to the BUYER within 14 days.

9.6. The BUYER acknowledges, declares, and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that in the event the product amount is not paid and/or is cancelled in bank records for any reason, the SELLER's obligation to deliver the product subject to the Agreement shall cease.

9.7. The BUYER acknowledges, declares, and undertakes that if, after delivery of the product to the BUYER or to the person and/or organisation at the address indicated by the BUYER, the product amount is not paid to the SELLER by the relevant bank or financial institution due to the unauthorised use of the BUYER's credit card by unauthorised persons, the BUYER will return the product to the SELLER within 3 days, with the shipping costs borne by the SELLER.

9.8. If the SELLER is unable to deliver the product within the agreed period due to force majeure events — circumstances arising beyond the will of the parties, which are unforeseeable and which prevent and/or delay the parties from fulfilling their obligations — the SELLER acknowledges, declares, and undertakes to notify the BUYER. The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product with an equivalent, and/or the postponement of the delivery until the impediment is removed. In the event the order is cancelled by the BUYER, the product amount shall be refunded in cash and in full within 14 days for payments made in cash. For payments made by credit card, the product amount shall be refunded to the relevant bank within 14 days following the cancellation. The BUYER acknowledges, declares, and undertakes that the average processing time for the credit card refund to be reflected in the BUYER's account may take 2 to 3 weeks, and that since this process is entirely dependent on the bank's processing timeline, the BUYER cannot hold the SELLER responsible for any delays after the refund has been issued to the bank.

9.9. The SELLER has the right to contact the BUYER via letter, email, SMS, phone call, and other means, through the address, email address, landline and mobile phone numbers, and other contact details provided by the BUYER in the site registration form or subsequently updated, for the purposes of communication, marketing, notification, and other purposes. By accepting this Agreement, the BUYER acknowledges and declares that the SELLER may carry out the aforementioned communication activities.

9.10. The BUYER shall inspect the goods/services subject to the Agreement before accepting delivery and shall not accept delivery from the cargo company of any goods/services that are damaged or defective, such as crushed, broken, or with torn packaging. Goods/services accepted on delivery shall be deemed to be undamaged and intact. After delivery, the obligation to store the goods/services with care 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.

9.11. In the event that the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability related to the credit card used in the order is identified prior to delivery, the SELLER may request that the BUYER provide identity and contact details 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 card belongs to them. The order will be placed on hold until the BUYER provides the requested information/documents, and if these requests are not fulfilled within 24 hours, the SELLER reserves the right to cancel the order.

9.12. The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER's website is accurate, and that they will immediately compensate the SELLER in full and in cash for all damages incurred by the SELLER due to the inaccuracy of such information, upon the SELLER's first notification.

9.13. The BUYER agrees and undertakes from the outset to comply with all applicable legal provisions while using the SELLER's website and not to violate them. Otherwise, all legal and criminal liabilities arising therefrom shall be borne entirely and exclusively by the BUYER.

9.14. The BUYER may not use the SELLER's website in any manner that disrupts public order, is contrary to public morality, harasses or disturbs others, is unlawful, or infringes upon the material or moral rights of others. Furthermore, members may not engage in activities that prevent or obstruct other users from accessing the services (such as spam, viruses, trojans, etc.).

9.15. The SELLER's website may contain links to other websites and/or other content owned and/or operated by third parties outside the SELLER's control. These links are provided solely for the convenience of the BUYER and do not constitute an endorsement of any website or its operator, and do not constitute any guarantee regarding the content of the linked website.

9.16. A member who violates one or more of the provisions listed in this Agreement shall be personally liable for such violation in terms of criminal and civil law, and shall indemnify the SELLER against all legal and criminal consequences of such violations. Furthermore, in the event that the violation is referred to legal proceedings, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. In the case of a distance contract relating to the sale of goods, the BUYER may exercise the right of withdrawal by notifying the SELLER within 14 (fourteen) days from the date of delivery of the product to the BUYER or to the person/organisation at the address indicated, without assuming any legal or criminal liability and without providing any justification. For distance contracts relating to the provision of services, this period begins from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts where performance has commenced with the consumer's consent before the withdrawal period expires. Costs arising from the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this Agreement, the BUYER acknowledges in advance that they have been informed of the right of withdrawal.

10.2. To exercise the right of withdrawal, written notification must be submitted to the SELLER by registered post with return receipt, fax, or email within the 14 (fourteen) day period, and the product must not have been used, within the framework of the "Products for Which the Right of Withdrawal Cannot Be Exercised" provisions set out in this Agreement. If this right is exercised:

a) The invoice for the product delivered to a third party or to the BUYER (if the invoice for the product to be returned was issued in the name of a company, it must be sent together with the return invoice issued by that company. Returns for orders invoiced in the name of companies cannot be completed without a RETURN INVOICE being issued.)

b) The return form,

c) The products to be returned must be delivered complete and undamaged, together with their box, packaging, and any standard accessories.

d) The SELLER is obliged to refund the total amount and all documents that impose obligations on the BUYER within 10 days at the latest from the date the withdrawal notification reaches the SELLER, and to take back the goods within 20 days.

e) If there is a decrease in the value of the goods due to a reason attributable to the BUYER, or if return becomes impossible, the BUYER shall be obliged to compensate the SELLER for their losses in proportion to their fault. However, the BUYER shall not be responsible for changes and deterioration resulting from the proper use of the goods or products within the withdrawal period.

f) In the event that the exercise of the right of withdrawal causes the amount to fall below the campaign threshold set by the SELLER, the discount availed of under the campaign shall be cancelled.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Goods prepared in accordance with the BUYER's request or their clearly personal needs and which are not suitable for return; underwear bottoms, swimsuit and bikini bottoms; cosmetics; single-use products; goods that are at risk of rapid deterioration or expiry; products that are not suitable for return on health and hygiene grounds once their packaging has been opened by the BUYER after delivery; products that become mixed with other items after delivery and cannot by their nature be separated; periodical publications such as newspapers and magazines other than those provided under a subscription agreement; services performed instantly in electronic environments or intangible goods delivered instantly to the consumer; and audio or visual recordings, books, digital content, software programmes, data recording and storage devices, and computer consumables where the packaging has been opened by the BUYER — these cannot be returned pursuant to the Regulation. Furthermore, the exercise of the right of withdrawal in respect of services whose performance has commenced with the consumer's consent before the withdrawal period expires is also not permitted under the Regulation.

Cosmetic and personal care products, underwear, swimwear, bikinis, books, copyable software and programmes, DVDs, VCDs, CDs and cassettes, and stationery consumables (toners, cartridges, ribbons, etc.) may only be returned if their packaging is unopened, untried, undamaged, and unused.

12. DEFAULT AND LEGAL CONSEQUENCES

In cases where the BUYER makes payments by credit card and defaults, the BUYER acknowledges, declares, and undertakes that they will pay interest and will be liable to the bank under the credit card agreement between themselves and the card-issuing bank. In this case, the relevant bank may take legal action and may claim any costs and legal fees from the BUYER. In any event, should the BUYER default on their debt, the BUYER acknowledges, declares, and undertakes to compensate the SELLER for any loss and damage suffered as a result of the delayed performance of the debt.

13. COMPETENT COURT

In disputes arising from this Agreement, complaints and objections shall be submitted, within the monetary limits specified in the law below, to the consumer arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction was carried out. The monetary thresholds are as follows:

Effective from 28/05/2014:

a) For disputes below TRY 2,000 (two thousand), pursuant to Article 68 of Law No. 6502 on the Protection of Consumers, applications shall be made to the district consumer arbitration committees;

b) For disputes below TRY 3,000 (three thousand), applications shall be made to the provincial consumer arbitration committees;

c) In provinces with metropolitan status, for disputes between TRY 2,000 (two thousand) and TRY 3,000 (three thousand), applications shall be made to the provincial consumer arbitration committees.

This Agreement is made for commercial purposes.

14. ENTRY INTO FORCE

The BUYER shall be deemed to have accepted all terms of this Agreement upon completing payment for the order placed on the Site. The SELLER is obliged to make the necessary technical arrangements to ensure that this Agreement is read and accepted by the BUYER on the site before the order is placed.

SELLER:
BUYER:
DATE: