The following definitions and abbreviations included in this www.luxial.com Distance Sales Agreement (“Agreement”) shall express the meanings shown against them.
Luxial : Luxial Yapı Sistemleri Ltd. Şti. – Greenist Ofisleri Yenibosna Merkez Mh. Yalçın Koreş Cd. No: 14/1 34197 Bahçelievler Istanbul, TÜRKİYE(Telefon: +90 212 438 57 90 , E-posta: email@example.com),
||Luxial Yapı Sistemleri Ltd. Şti.
||Greenist Ofisleri Yenibosna Merkez Mh. Yalçın Koreş Cd. No: 14/1 34197 Bahçelievler Istanbul, TÜRKİYE
||+90 212 438 57 90
Buyer: Luxial, who is a member of the www.luxial.com website (hereinafter referred to as the “website) and/or whose name, surname and contact information are included in the order to be made through the website, purchases other goods/products that can be sold through the website, and whose information is provided by Luxial.” The real person on the front of the invoice to be issued,
Goods/Product: The kind and type, quantity, color, sale price including all taxes, payment method and similar matters, the goods/products specified on the goods/product promotion page on the website www.luxial.com and on the invoice, which is considered an integral part of this Agreement,
Website: www.luxial.com where Luxial has all legal rights,
2. Subject of the Contract
The subject of this Agreement is 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 Distance Contracts, in relation to the electronic purchase of the goods and products that can be sold by Luxial through the website of Luxial on www.luxial.com website. determination of its obligations.
3. Price and Payment
The price of the goods/products selected by the Buyer is included in the notification e-mail sent at the end of the order and in the invoice delivered to the Buyer.
The payment of the price for the goods/products subject to the order can be made by bank transfer in accordance with the procedure established on the website and confirmed by the Buyer in the electronic environment, or the sum of all goods/products can be collected at once from the bank/credit card to which the information will be given electronically by the Buyer. It can also be done with a debit/credit card. For payments by credit/debit card, the purchase will be deemed to have not been realized if the bank’s credit/debit cards cannot be approved by the center. For payments made by bank transfer, the name of the Recipient must be stated in the transfer.
The goods/products subject to the order shall be submitted to the Buyer or the person living with the Buyer or its permanent employee, authorized by the Buyer, provided that it presents a photographic and official identity document; It will be delivered to the address defined by the Buyer when signing up for the website or during the order, within thirty days at the latest, at the Buyer’s expense. This period may be extended by Luxial for a maximum of ten days, provided that the Buyer is notified in writing or by e-mail in advance. The fact that the persons authorized by the Buyer do not accept to receive the goods/products and that the address specified in the electronic order form and website membership pages has not been given correctly or completely or the change has not been notified by the Buyer, etc. Luxial is not responsible for any delays due to
5. Right of Withdrawal
The buyer has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty. Pursuant to this article, the Buyer who sends the withdrawal notification is obliged to return the original invoice delivered to Luxial together with the withdrawal notification and/or within the same 14-day period. In this case, Luxial shall return the purchase price paid by the Buyer until that time, without any interest, within 10 (ten) days from the date of receipt of the withdrawal notice to Luxial, excluding legal deductions, if any. The refund to be made to the Buyer, who has made the payment by credit card, is made by depositing it into the same credit card account after deducting the commission deduction and/or other expenses made for the credit card, if any.
6. Situations in which the Right of Withdrawal cannot be exercised
Pursuant to Article 15 of the Distance Contracts Regulation, the Buyer cannot exercise his right of withdrawal if he has opened and used the package of the goods/products subject to the order.
In addition, the Buyer cannot exercise his right of withdrawal in the presence of the following issues.
a) Goods whose prices are determined in the stock exchange or other organized markets.
b) Goods prepared in line with the Buyer’s wishes or clearly personal needs, which are not suitable for return due to their nature and which are in danger of spoiling quickly or whose expiration date is likely to pass.
c) Audio or video recordings, software programs and computer consumables, provided that the packaging has been opened by the Buyer.
d) Orders for the delivery of periodicals such as newspapers and magazines.
e) Services performed instantly in electronic environment and intangible goods delivered instantly to the consumer.
7. General Provisions
7.1. Luxial is responsible for the delivery of the contracted goods/products intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. The buyer will inspect the contractual goods/product before receiving it; dented, broken, torn packaging, etc. will not receive the damaged and defective goods/products from the cargo/courier officer. The received goods/products shall be deemed to be undamaged and intact. It is the Buyer’s responsibility to carefully protect the goods/products after delivery. If the right of withdrawal is to be exercised, the goods/products must not be used in any way, the packaging of the packaged goods/products must not be opened, and in this case, the invoice issued by Luxial must be kept as it will be returned.
7.2. Luxial offers the opportunity to deliver the ordered goods/products.
In case of failure, it may supply the Buyer with a different product of equal quality and price, by notifying the Buyer before the delivery obligation expires, that it will not be able to fulfill its obligations under the order and this Agreement.
7.3. For the delivery of the goods/products subject to the order, the price must be paid with the payment method preferred by the Buyer (transfer or bank credit card one shot). If, for any reason, the price of the goods/products is not paid or canceled in the bank records, Luxial shall be deemed to be relieved of its obligation to deliver the goods/products without the need for any procedure.
7.4. The name, surname, title, address and contact information and similar information specified by the Buyer while subscribing to the website and/or creating an order electronically through the website will be taken as the basis for the Buyer information regarding this Agreement. The Buyer is solely responsible for the accuracy and validity of all information.
7.5. The buyer may use the address and/or e-mail address and telephone number specified when signing up for the website or creating the order for promotional and informational purposes by Luxial or its supporters or sponsors; Luxial allows all kinds of content related to its events, exhibitions, services, cafes, shops, cinemas, etc. sections or products, any promotions or Luxial supporters and sponsorships to be sent to it.
The address of the Buyer in the electronic order and/or on the member pages of the website is the legal notification address. Buyer, name, address, etc. must notify Luxial in writing of information changes. The address and/or e-mail address specified in the electronic order and/or member pages will be used in the notifications and submissions to be made to the Buyer by Luxial. Unless Luxial is notified in writing of changes in the buyer’s contact information, delay, loss, non-delivery, etc. In such cases, Luxial will not be held responsible and notifications and submissions to be made to the addresses in the electronic order and/or website member pages will be deemed to have been legally delivered/notified to the Buyer.
Luxial is not responsible for any delays arising from the fact that any notification and dispatch made to the Buyer does not reach the Buyer on time or at all due to external factors such as delays and losses in the mail, or the Buyer is not at the address.
Buyer; In accordance with the provisions of the Law on the Protection of Consumers 6502 and the Regulation on Distance Contracts No. 29188, he has received all the preliminary information such as the properties of the goods/products subject to sale, the sales price, and that he has knowledge of the right of withdrawal and delivery in general, and that he has confirmed this preliminary information electronically; By confirming the order and this Agreement electronically, the Preliminary Information Confirmation Form and the invoice issued by Luxial, which confirms that he/she has accepted the order conditions and this Agreement, accepts, declares and undertakes that they are inseparable parts of this Agreement.