Sales Contract
PRELIMINARY INFORMATION
ARTICLE 1 SELLER INFORMATION
ARTICLE 1.1 – SELLER
Company Name: LİVİO FERRİ
Address: ORTA MAH. PARLAK HAN NO 19 D/49 BAYRAMPAŞA / İSTANBUL
Phone: 0537 357 01 31
ARTICLE 1.2 - BUYER
The person who is a member of the website www.livioferri.com.tr as a customer. The address and contact information used during registration are taken as basis.
ARTICLE 2 PRODUCT FEATURES SUBJECT TO SALE
The basic features of the goods or services are available at www.livioferri.com.tr. You can review the basic features of the product during the campaign period.
The prices listed and announced on the website are the sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a certain period are valid until the end of the specified period.
The type, quantity, brand/model, color, unit price, payment method, and information at the end of the order constitute the information of the goods/product/service.
The shipping cost of the product, which is the shipment expense, will be paid by the BUYER and is non-refundable.
ARTICLE 3 GENERAL PROVISIONS
3.1) The BUYER declares that they have read and become knowledgeable about the basic characteristics of the product subject to the contract, the sales price, the payment method, and the preliminary information regarding the delivery on the website www.livioferri.com.tr and confirms electronically the necessary confirmation. By confirming this Preliminary Information electronically, the BUYER confirms that they have accurately and completely obtained the address to be given by the SELLER to the BUYER before the distance contracts are concluded, the basic properties of the products ordered, the prices of the products including taxes, payment and delivery information.
3.2) The product subject to the contract shall be 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 residence, provided that it does not exceed the legal 30-day period.
3.3) The SELLER cannot be held responsible for any failure to deliver the product to the BUYER due to any problems encountered by the cargo company during the delivery of the product to the BUYER.
3.4) The SELLER is responsible for delivering the product subject to the contract in sound, complete, in accordance with the qualifications specified in the order and with the warranty documents and usage instructions, if any.
3.5) The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining clear approval before the expiration of the performance obligation arising from the contract.
3.6) If the SELLER fails to fulfill its obligations arising from the contract in case the performance of the product or service subject to the contract becomes impossible, the SELLER shall notify the consumer before the expiration of the performance obligation arising from the contract and refund the total price to the BUYER within 10 days.
3.7) Confirmation of this Preliminary Information Form in electronic environment is mandatory for the delivery of the product. In the event that the product price is not paid for any reason or canceled in the bank records, the SELLER shall be deemed to have been relieved of the obligation to deliver the product.
3.8) In case the product price is not paid by the bank or financial institution due to unauthorized use of the BUYER's credit card by unauthorized persons for reasons not arising from the BUYER's fault, the BUYER is obliged to return the product to the SELLER within 3 days provided that it has been delivered. In this case, shipping costs belong to the BUYER.
3.9) If the SELLER cannot deliver the product within the specified period due to force majeure or extraordinary situations such as adverse weather conditions preventing transportation, the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER may cancel the order, request the replacement of the contractual product with its counterpart, and/or postpone the delivery period until the obstructive situation is eliminated. The amount paid by the BUYER is refunded within 10 days in case of cancellation of the order. In payments made by the BUYER with a credit card, the product amount is refunded to the relevant bank within 7 days after the cancellation of the order by the BUYER. Since the reflection of this amount to the BUYER's account after being refunded to the bank is entirely related to the bank transaction process, the BUYER agrees in advance that the SELLER cannot intervene in any way and that it may take an average of 2 to 3 weeks for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account due to bank procedures.
ARTICLE 4 RIGHT OF WITHDRAWAL
The BUYER; in distance contracts for the sale of goods (excluding Concert and Event Tickets), may exercise the right of withdrawal from the contract without assuming any legal or criminal liability and without giving any reason by rejecting the product within 14 (fourteen) days from the date of delivery to themselves or the person/organization at the address indicated. In distance contracts for the provision of services, this period starts on the date the contract is signed. In service contracts where the service performance has begun with the consumer's approval before the expiration of the right of withdrawal, the right of withdrawal cannot be exercised. The expenses arising from the exercise of the right of withdrawal shall be borne by the SELLER.
To exercise the right of withdrawal, it is necessary to notify the SELLER in writing by registered mail, fax, or email within the 14-day period, and the product must not have been used within the framework of Article 5 provisions. In case of exercising this right,
a) The invoice of the product delivered to the third party or the BUYER must be returned. (In case the invoice of the product to be returned is corporate, it must be sent along with the return invoice issued by the corporation. Returns of orders invoiced on behalf of corporations cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The box, packaging, and, if any, standard accessories of the products to be returned must be delivered complete and undamaged.
d) The SELLER is obliged to refund the total price and the documents that put the buyer under debt to the BUYER within a maximum of 10 days 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 the BUYER's fault or if it becomes impossible to return, the BUYER is obliged to compensate for the damages of the SELLER in proportion to the fault of the BUYER.
f) In case the campaign limit amount set by the SELLER is reduced due to the exercise of the right of withdrawal, the discount amount benefited within the scope of the campaign is canceled.
g) The shipping fee paid when returning the product due to the exercise of the right of withdrawal will be covered by the SELLER for domestic orders and by the BUYER for international orders.
h) The SELLER does not refund the shipping fee collected from the BUYER when selling the product.
ARTICLE 5 PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
The return of goods prepared in accordance with the BUYER's requests or explicitly for their personal needs, which are not suitable for return due to their nature and may deteriorate rapidly or whose expiry date may pass, and, provided that the packaging is opened by the BUYER, the return of audio or video recordings, software programs, and computer consumables is not possible in accordance with the Regulation.
In the implementation of this Preliminary Information, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchases the goods or services and resides are authorized up to the value announced by the Ministry of Industry and Trade.
The SELLER may apply to the consumer arbitration board or consumer court in the place where the buyer purchases the goods or services and resides for complaints and objections within the monetary limits determined annually by the Ministry of Industry and Trade in December. Information on monetary limits is as follows:
Effective as of 1/1/2012:
a) The lower monetary limit indicating that the decisions of consumer arbitration boards under the amended Article 22 of the Law No. 4077 on the Protection of Consumers will be binding or will serve as evidence in upper or consumer courts is 1,161.67 TL,
b) In the third paragraph of Article 5 of the Regulation on Consumer Arbitration Committees published in the Official Gazette dated 1/8/2003 and numbered 25186, the lower monetary limit indicating that provincial arbitration boards operating in metropolitan status cities have jurisdiction and authority to resolve disputes is 3,032.65 TL.
This Preliminary Information is provided for commercial purposes.
DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES
1.1 – SELLER
Title: LIVIO FERRI
Address: ORTA MAH. PARLAK HAN NO 19 D/49 BAYRAMPAŞA / ISTANBUL
Phone: 0537 357 01 31
Email address: info@livioferri.com.tr
1.2 – BUYER
The individual who is a member of the *www.livioferri.com.tr shopping site as a customer. The address and contact information used during registration are considered.
ARTICLE 2 – SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Regulation on Distance Contracts and Application Principles and Procedures, regarding the sale and delivery of the product whose characteristics and sales price are specified below, ordered electronically by the BUYER from the website of the SELLER www.livioferri.com.tr.
ARTICLE 3 – SUBJECT OF THE CONTRACTED PRODUCT
The type, quantity, brand/model, color, unit price, payment method, and information at the time of ordering constitute the basic characteristics of the goods/product/service.
ARTICLE 4 – GENERAL PROVISIONS
4.1 The BUYER declares that they have read and become knowledgeable about the basic characteristics of the product, the sales price including all taxes and the payment method, the delivery and the expenses thereof, as well as the full trade name, full address, and contact information of the SELLER on the livioferri.1ticaret.com website.
By confirming this agreement electronically, the BUYER confirms that they have obtained accurate and complete information about the address to be given by the Seller to the Consumer, the basic characteristics of the ordered products, the prices of the products including taxes, payment, and delivery information before the conclusion of the distance contracts.
4.2 Provided that the legal 30-day period is not exceeded, the product subject to the contract will be 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. Any kind of shipping fee related to delivery, as indicated in Article 3, will be covered by the BUYER, and will be reflected on the invoice for the order under the name "Shipping Fee".
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 for the refusal of the person/organization to accept the delivery.
4.4 The SELLER is not responsible for any problems encountered by the shipping company during the delivery of the product to the BUYER.
4.5 The SELLER is responsible for delivering the product in sound, complete condition, in compliance with the specified qualifications in the order, and with any warranty documents and user manuals if available.
4.6 The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit consent before the expiry of the performance obligation arising from the contract.
4.7 If the SELLER cannot fulfill the obligations of the contract due to the impossibility of performing the order, they shall notify the consumer before the expiration of the performance obligation arising from the contract and may supply a different product of equal quality and price.
4.8 The signed copy of this agreement must be delivered to the SELLER and the payment must be made by the BUYER's preferred payment method for the delivery of the product subject to the contract. If the product price is not paid for any reason or is canceled in the bank records, the SELLER shall be deemed to have been relieved of the obligation to deliver the product.
4.9 The BUYER acknowledges and undertakes that the credit card information entered into the system during the shopping is correct, and that any legal and criminal liability arising from the use of this credit card belongs to them. If the product price is not paid or is not collected from the credit card for any reason due to unauthorized or unlawful use of the credit card belonging to the BUYER by third parties after the delivery of the product, the BUYER is obliged to return the product to the SELLER within 3 days, provided that it has been delivered to them. In this case, the transportation costs shall be borne by the BUYER. If the BUYER does not return the product, it is accepted and undertaken that the product price will be transferred to the bank accounts of the SELLER without any notice.
4.10 If the SELLER cannot deliver the product within the specified period due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation, they are obliged to notify the BUYER. In this case, the BUYER may cancel the order, request a replacement with a similar product, and/or postpone the delivery period until the obstructive situation is resolved. If the BUYER cancels the order, the amount paid will be refunded within 10 days.
ARTICLE 4.11 - POINTS GIVEN TO THE CUSTOMER THROUGH A CAMPAIGN BY THE SELLER ARE VALID FOR A SINGLE PURCHASE ONLY. THESE POINTS ARE NON-REFUNDABLE EVEN IF THE PRODUCT IS RETURNED.
In payments made by the BUYER with a credit card, the product amount will be refunded to the relevant bank within 7 days after the cancellation of the order by the BUYER. Since the reflection of this amount into the BUYER's accounts after it is refunded to the bank is entirely related to the bank transaction process, the BUYER acknowledges in advance that the SELLER cannot intervene in any way for possible delays and that the amount refunded to the credit card by the SELLER may take an average of 2 to 3 weeks to be reflected into the BUYER's account.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract within 14 days without giving any reason, starting from the date of delivery of the product to themselves or to the person/organization at the address they specify.
However, for products specifically prepared, offered, and/or imported for certain days such as New Year's, holidays, Mother's Day, returns cannot be accepted for campaign and promotional products. The BUYER accepts these conditions and completes their purchase.
In order to exercise the right of withdrawal, it is necessary to notify the SELLER by fax or email within the 14-day period, and the product must not have been used within the framework of Article 6. In the event of exercising this right,
a) The invoice of the product delivered to the 3rd party or the BUYER must be included (If the invoice of the product to be returned is corporate, it must be sent along with the return invoice issued by the institution. Order returns issued on behalf of institutions cannot be completed if the RETURN INVOICE is not issued.)
b) Return form,
c) The box, packaging, and, if any, standard accessories of the products to be returned within the 14-day period must be delivered complete and undamaged. The product price will be refunded to the BUYER within 10 days following the arrival of these documents to the SELLER.
The shipping fee for the product returned due to the right of withdrawal will be covered by the BUYER for domestic orders and by the SELLER for international orders. The SELLER does not refund the shipping fee collected from the BUYER when selling the product.
When returning the product to the SELLER, the original invoice presented to the BUYER during the delivery of the product must also be returned (to ensure consistency in our accounting records) and the invoice must be sent to the SELLER along with the product or within 5 days at the latest from the date of sending the product. If the invoice is not sent, the return process will not be completed, and the product will be returned to the BUYER in the same way with cash on delivery. The phrase "this is a return invoice" will be written on the invoice to be returned with the product and signed by the BUYER.
Effective as of May 28, 2014;
a) Pursuant to Article 68 of the Law No. 6502 on the Protection of Consumers, in disputes where the value is less than two thousand Turkish Liras, applications must be made to the district consumer arbitration boards, in disputes where the value is less than three thousand Turkish Liras, applications must be made to the provincial consumer arbitration boards, and in metropolitan cities, applications must be made to the provincial consumer arbitration boards for disputes with a value between two thousand and three thousand Turkish Liras. Applications to consumer arbitration boards cannot be made for disputes above these values.
b) In disputes exceeding the specified value, applications must be made to the Consumer Court, and in places where there is no Consumer Court, applications must be made to the Court of First Instance as a Consumer Court.
This information is provided for commercial purposes.
Please Note: Before signing the cargo receipt, please check if your cargo package is damaged due to transportation. If there is any damage to the cargo package for any reason, return your cargo to the cargo officer without signing any documents for the delivery to prepare a report. New products will be sent to you immediately by us. Sefamerve.com is not responsible for the damage or shortage of products in case damaged packages are accepted.
All of these terms and conditions are subject to Turkish Law.
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