Distance Sales Contract
LiftArt Quality Life and Elevator Systems Ltd. Co.
Distance Sales Contract
Article 1- Parties
1.1. Seller
Name: LiftArt Quality Life and Elevator Systems Ltd. Co.
Address: Bahçeşehir 1st Section Mah. Vali Recep Yazıcıoğlu Cad. Nilüfer Çayı Sok. Villa 5 No:10
Başakşehir, 34488 İstanbul
Phone: +90 212 608 00 70
E-mail: info@liftart.com.tr – bilgi@liftart.com.tr – asansorsanati@gmail.com
1.2. Buyer
Name – surname / TR. No:
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 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 (e-commerce) from the SELLER's https://www.liftart.com.tr website.
The Buyer is entitled to the Seller's name, title, full address, telephone and other access information, the basic characteristics of the goods subject to sale, the sales price including taxes, payment method, delivery conditions and expenses, etc., all preliminary information regarding the goods subject to sale, the use of the right of "withdrawal" and how to use this right, the official authorities to whom they can submit their complaints and objections, etc. The seller accepts and declares that he/she has been informed about the matter in a clear, understandable and internet environment (e-commerce site) manner, that he/she has confirmed this preliminary information electronically and then ordered the goods in accordance with the provisions of this contract.
The preliminary information on the https://www.liftart.com.tr website and the invoice issued upon the order given by the buyer are integral parts of this contract.
Article 3- Product/Payment/Delivery Information Subject to the Contract
The type and kind of product/products received electronically, quantity, brand/model, sales price, payment method, person to receive the delivery, delivery address, invoice information, cargo fee are as stated below. The person to be invoiced and the person making the contract must be the same. The information below must be accurate and complete. The buyer accepts to fully cover any damages that may arise from the inaccuracy or incompleteness of this information and the buyer also accepts any liability that may arise from this situation.
SELLER reserves the right to stop the order when it deems necessary and when the information provided by the BUYER does not match the truth. If the SELLER detects a problem with the order and cannot reach the BUYER via the phone, e-mail and mail addresses provided by the BUYER, the SELLER will freeze the execution of the order for 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue within this period. If no response is received from the BUYER within this period, the SELLER will cancel the order in order to prevent damage to both parties.
Product(s) Purchased:
Name, code, number:…………………………………………………………… ; …….. pieces
Total Sales Price: ……………… -TL In writing: …………………………………………..
Payment Method: Credit Card/Bank Transfer (EFT)
Delivery Person:
Telephone Number:
Delivery Address:
Invoice Person/Institution:
Invoice Address:
Tax Office:
Tax Registration Number:
Shipping Fee: ……………. -TL
Article 4- Contract Date and Force Majeure
The contract date is the date ../../…., which is the date the order is given by the buyer.
Situations that do not exist or are not foreseen at the time the contract is signed, that develop beyond the control of the parties, that make it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities undertaken under the contract or to fulfill them on time, delays in cargo and transportation, changes in laws, changes and delays in customs, will be considered as force majeure (natural disaster, war, terrorism, riot, changing legislation, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party in whose person the force majeure occurs will immediately notify the other party of the situation in writing (may be by e-mail).
No liability will arise for the parties' failure to fulfill their obligations during the continuation of the force majeure. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.
Article 5- Seller's Rights and Obligations
5.1. The seller accepts and undertakes to fully perform the obligations assigned to it in the contract, except for force majeure, in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts.
5.2. Persons under the age of 18 (eighteen) cannot shop from https://www.liftart.com.tr. The seller will take into account that the age specified by the buyer in the contract is correct. However, the seller will not be held responsible in any way due to the buyer writing their age incorrectly.
5.2. Price errors caused by typographic and system errors https://www.liftart.com.tr is not responsible. Based on this, the seller is not responsible for advertising, pricing errors, typographic errors, changes in tax legislation that may occur due to interventions on the system, design or illegal means on the website. Changes in tax laws will be reflected in the prices. The buyer cannot claim rights from the seller based on system errors and the situations mentioned above.
5.3. Shopping can be made from https://www.liftart.com.tr by credit card (Visa, MasterCard , etc.) or bank transfer. Orders for which the transfer is not made within a week from the date of order will be canceled. The time the orders are taken into process is not the time the order is given, but the time when the necessary collection from the credit card account is made or when the transfer (EFT) reaches the bank accounts. Payment methods such as paid shipment or postal checks that are made without consultation with customer services will not be accepted.
Article 6- Rights and Obligations of the Buyer
6.1. The Buyer accepts and undertakes to fully perform the obligations assigned to it in the contract except for force majeure reasons.
6.2. The Buyer accepts and undertakes that by placing an order, it is deemed to have accepted the provisions of the business contract and that it will make the payment in accordance with the payment method specified in the contract.
6.3. The Buyer accepts and declares that it has clear, understandable and internet-friendly information on the name, title, full address, telephone and other access information of the seller, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and expenses, etc., all preliminary information regarding the goods subject to sale, the use of the right of "withdrawal" and how to use this right, official authorities to whom it can submit complaints and objections, etc. from the https://www.liftart.com.tr website, and that it has confirmed this preliminary information electronically.
6.4. In accordance with the previous article, the Buyer declares that he/she has read and is informed about the https://www.liftart.com.tr order/payment/usage procedure information, which includes product order and payment conditions, product usage instructions, precautions taken against possible situations and warnings, and that he/she has made the necessary confirmation electronically.
6.5. In case the Buyer wishes to return the purchased product, he/she accepts and undertakes not to damage the product and its packaging in any way, and to return the original invoice and delivery note at the time of return.
6.6. In case the orders of the given special production products (elevator, disabled product, stair lift, disabled lift, home lift, etc. to be specially produced for the Buyer) are canceled within 3 (three) days from the order confirmation, 30% (thirty percent) of the order amount will be deducted from the Buyer, and in case of cancellation on the 3rd to 6th (three to sixth) day, 70% (seventy percent) of the order amount will be deducted from the Buyer, and the remaining balance will be returned to the customer. The customer accepts and declares this situation in advance by placing an order.
6.7. Since the product or products purchased by the buyer will be produced specifically for the buyer in special sizes, as requested by the buyer, the product cannot be returned as long as it is in working order and has the specified features. In the event that the product or products specially produced for the buyer are defective, LiftArt is obliged to immediately fix the defect.
Article 7 - Order/Payment Procedure
Order:
After the VAT-included TL amount (total installment amounts in installment transactions) of the products added to the shopping cart is approved by the buyer, it is processed through the relevant bank card's POS. Therefore, an order confirmation e-mail is sent to the customer before the orders are shipped. Shipment is not made without the Order Confirmation e-mail being sent.
Any disruption in the process or problems that may arise regarding the credit card are notified to the buyer using one or more of the telephone/fax/e-mail/mail channels specified in the contract. If necessary, the buyer may be asked to contact his/her bank. The time when orders are processed is not the time the order is given, but the time when the necessary collection from the credit card account is made or when it is determined that the transfer (EFT) has reached the seller's account.
Exceptionally, if it is understood that the contracted goods cannot be supplied for a justified reason and/or a stock problem is encountered, if the buyer is informed immediately in a clear and understandable manner and approves, another good of equal quality and price can be sent to the buyer or, in line with the buyer's wishes and preferences, another new product can be sent, the product can be waited for the stock to be entered or the other obstacle preventing delivery to be eliminated and/or the order can be canceled.
In cases where it becomes impossible to fulfill the obligation to deliver the contracted goods, the buyer is informed of this situation and the total amount paid and any documents, if any, that put him/her under debt are returned to him/her within fifteen (15) days at the latest and the contract is canceled. In such a case, the buyer will not have any additional material and moral damages claims from the seller.