Distance Sales Agreement

Distance Sales Agreement

RECOGNITIONS

WEBSITE: It is the channel through which the SELLER sells its Products and Services to the Consumer over the internet and is represented as LayersnMore in this contract.
 

SELLER: It is the legal entity whose information is included in Article 1 of this Agreement.
 

PRODUCT/PRODUCTS: It covers all goods and services sold to CONSUMERS on the WEBSITE.
 

CONSUMER: Refers to the people who order the PRODUCT through the WEBSITE.
 

CONTRACT: It includes the terms and obligations of the sales transaction made by the SELLER to the CONSUMER through the WEBSITE.
 

PRE-ORDER: These are the pre-ordered sales transactions in which the shipment process of the products offered for sale as a Pre-Order by the SELLER starts as of the estimated stock entry date specified on the product page.
Seller Contact Information: dila@layersnmore.com
Address: : Kılıçali Paşa Mah, Akü sok, no:1/1, Beyoğlu, Beyoğlu, Istanbul, Turkey
Complaint Hotline: (531) 628 76 76 Complaint
E-Mail Address: info@layersnmore.com
Fax:
Mersis No: 0045072840000001
 

Subject of the Agreement: This agreement regulates the rights and obligations of the parties regarding the sale-delivery of the following products/services ("Product/Products") that the Consumer wants to purchase by placing an order on the WEBSITE, including the cases where the Consumer makes transactions with the application on his mobile device, and other issues. After the consumer approves this contract on the WEBSITE, the price and expenses of the Product(s) ordered are collected by the payment method he/she chooses. In addition, this Agreement aims to inform the Consumer that the shipment process will begin as of the estimated date of entry into the stock specified on the product page of the products that the Consumer wants to purchase by pre-order.

 

ARTICLE 1 – PARTIES

SELLER: LayersnMore
Title: Akyunak Teknoloji Anonim ŞirketiAddress: Kılıçali Paşa Mah, Battery sok, no:1/1, Beyoğlu, Beyoğlu, Istanbul, Turkey

Phone: (531) 628 76 76Bank Account: Akyunak Teknoloji A.Ş.

Garanti Bank-TR62 0006 2001 5720 0006 2984 91 CONSUMER:
Name,Surname/Title:
 

CONSUMER:Address: Phone
: E-Mail:

ARTICLE 2: PRODUCT SUBJECT TO CONTRACT, PRICE, PAYMENT AND DELIVERY

 

2.1. The Type and Type, Quantity, Brand/Model, Unit Price(s) and Sales Price of the products (goods/services) and Delivery Information, including Payment (collection) Information and the delivery place notified by the Consumer, are as follows. If the cargo company that will make the delivery does not have a branch in the place where the Consumer is located, the Consumer must receive it from another nearby branch to be notified by the SELLER (The necessary information to the Consumer in this regard will be made by e-mail/mail, SMS or telephone).

PRODUCT:

UNIT PRICE: QUANTITY:

TOTAL:

Order processing and shipping fees

 

PAYMENT TOTAL DELIVERY INFORMATION:

Name, Surname / Title: Address:

Phone:

E-Mail:

BILLING INFORMATION:

Name, Surname / Title:

Address:

Phone:

E-Mail:
 
2.2. The consumer can pay the price of the product within the scope of the order by choosing one of the following methods:
a) Payment by credit or debit card, b) Payment by Digital Wallet (Pay with iyzico). 

 

ARTICLE 3- RIGHT OF WITHDRAWAL AND NOTICE OF WITHDRAWAL
A - RIGHT OF WITHDRAWAL

3.1. The Consumer has the right to withdraw from the Agreement within 14 (fourteen) days from the date of receipt of the Product, without giving any reason and without paying any penalty. The consumer may also exercise his right of withdrawal within the period until the delivery of the goods.

 

3.2. The period of the right of withdrawal is the day the contract is established in contracts related to the performance of services; In contracts for the delivery of goods, it starts on the day the consumer or the third party determined by the consumer receives the goods. However, the consumer can also use the right of withdrawal within the period from the conclusion of the contract to the delivery of the goods. In determining the period of the right of withdrawal; a) In the case of goods that are the subject of a single order and delivered separately, the day on which the consumer or the third party determined by the consumer receives the last good, b) In the case of goods consisting of more than one piece, the day on which the consumer or the third party determined by the consumer receives the last part,c) In contracts where the goods are delivered regularly for a certain period of time, the day on which the consumer or the third party determined by the consumer receives the first good is taken as basis.

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3.3.    In order to exercise the right of withdrawal, the consumer can (i) if he/she is a member of the Website, go to the My Orders page and select the product he/she wants to return in the relevant order under the heading "Easy Return" and the reason for the return, sign the e-invoice printout of the product/products with the Free Return shipping code provided by the Seller and send it to the return address, (ii) If the consumer is not a member of the Website, after clicking the "Order Tracking" button at the top right of the Website homepage Then, in the window that opens, write the e-mail address used while ordering and the order number you want to cancel in the relevant boxes, click the "Inquire" button, go to the return page, select the product you want to return in the relevant order under the heading "Easy Return" and the reason for the return, sign the e-invoice printout of the product/products with the Free Return shipping code provided by the Seller and send it to the return address. (iii) follow the directions provided to the customer service via the phone number in the Seller Contact Information section of this information form, or (vi) Clear notification of withdrawal can be made via our e-mail address, contact address, telephone or fax number by filling out the sample withdrawal form attached to the Preliminary Information Form.

 

3.4.    Depending on the method preferred, the Consumer is required to return the product within 10 (ten) days from the date of exercising the right of withdrawal. Along with the product, the invoice, the box of the goods, the packaging, the standard accessories, if any, and the other products gifted with the product must be returned in a single package, complete and undamaged. The consumer is not responsible for any changes and deterioration that occur if he habitually uses the product in accordance with its operation, technical specifications and instructions for use during the withdrawal period. Accordingly, if there is a change or deterioration due to the fact that the Product is not used in accordance with the instructions for use, technical specifications and operation in the process until the withdrawal date, the Consumer may lose his right of withdrawal.

 

3.5.    If the Consumer sends the Product to be returned by the SELLER's contracted cargo companies (Yurtiçi Kargo, MNGKargo, PTT Kargo), the fee paid to the transport company for the delivery of the product to the consumer will be reflected to the Consumer as the return cost amount.

 

3.6.    Within 14 (fourteen) days from the Consumer's exercise of the right of withdrawal, all payments made by the Consumer regarding the relevant Product, including the delivery costs of the Product, if any (provided that the goods are sent back through the carrier specified by the SELLER for return), will be returned to the Consumer in accordance with the payment instrument used when purchasing and without incurring any costs or obligations to the Consumer. In transactions made by credit card, after the refund of the product price to the bank is made by the SELLER, the reflection of the product price on the Consumer accounts takes place after the return process processes of the relevant bank are completed.

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3.7.    In the event that the campaign limit amount issued by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be canceled. 

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B - WITHDRAWAL NOTICE Withdrawal notifications can be sent to the Seller through one of the following options;• By filling out the contact form on the Website, the consumer will have sent the withdrawal notification to the Seller by filling out the contact form on the Website, writing the product he wants to return and the reason for the return in the relevant order, then the e-mail address he used when ordering and the order number he wants to cancel, and clicking the "Send" button.
will have sent the withdrawal notice to the Seller by
explaining.• The consumer can fill out the sample withdrawal form attached to the Preliminary Information Form and send the withdrawal notice to the Seller by e-mail via our e-mail address, info@LayersnMore.com, Kılıçali Paşa Mah, Akü sok, no:1/1, Beyoğlu, Beyoğlu, Istanbul, Turkey.

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ARTICLE 4 - CASES IN WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
4.1. In accordance with the legislation, the Consumer does not have the right of withdrawal in the following cases:• In contracts for goods or services that vary in price depending on fluctuations in financial markets and are not under the control of the Seller (e.g. products in the category of jewelry, gold and silver);

• Prepared in accordance with the Buyer's wishes or clearly in line with his personal needs, which are not suitable for return due to their nature and are in danger of deteriorating quickly or are likely to expire in contracts for the delivery of goods;

• Goods whose protective elements such as packaging, tape, seals, packages have been opened after delivery; In contracts for the delivery of those whose return is not suitable in terms of health and hygiene;

• In contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature;• In contracts for books, audio or video recordings, software programs and computer consumables offered by the buyer in material media, provided that protective elements such as packaging, tape, seal, package have been opened;

• Except for those provided under the subscription agreement In contracts for the delivery of periodicals such as newspapers and magazines;• In contracts for accommodation, transportation of goods, car rental, food and beverage supply and leisure time for entertainment or recreation, which must be made on a certain date or period;

• In contracts for the performance of services related to betting and lottery;

• In contracts regarding services that are started to be performed with the approval of the consumer before the expiry of the right of withdrawal; and• In contracts related to services performed instantly in the electronic environment and intangible goods delivered to the consumer instantly (such as coupons).

• The right of withdrawal cannot be exercised in terms of goods or services that are excluded from the scope of the Regulation on Distance Contracts (regular deliveries of the Seller and foodstuffs, beverages or other daily consumption items delivered to the Buyer's residence, and services in areas such as travel, accommodation, restaurant, entertainment sector).

• In cases where the right of withdrawal is exercised for all or part of the products subject to the order (if any, which the Consumer benefits), if the minimum shopping amount in the SELLER's free shipping (delivery) campaign falls below as a result of the right of withdrawal, the entire delivery-cargo cost that has not been collected within the scope of the campaign is deducted from the amount to be returned to the Consumer. In cases where the Consumer pays the delivery-shipping fee, this fee is refunded to the Consumer in full.

• Other products gifted with the product must also be returned in a single package, complete and undamaged. The consumer is not responsible for any changes or deteriorations that occur if he uses the product in accordance with its operation, technical specifications and instructions for use during the withdrawal period. Accordingly, if there is a change or deterioration due to the fact that the Product is not used in accordance with the instructions for use, technical specifications and operation in the process until the withdrawal date, the Consumer may lose the right of withdrawal.

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4.2.    The current rules-conditions applicable to the SELLER and the Consumer regarding transaction security, protection of information, confidentiality, processing-use and commercial electronic communications on the WEBSITE are presented to the Consumer as follows. The consumer can consult the SELLER at any time by contacting the SELLER through the communication tools specified on these issues.

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4.3.    The SELLER is a member of the Istanbul Chamber of Commerce (ITO), and the electronic contact information where you can obtain ITO's code of conduct regarding the profession is as follows: (www.ito.org.tr, Phone: 444 0 486).

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4.4.    After the Consumer's approval and acceptance of the Agreement with the above/below information, all contracts will be sent to the e-mail address specified by the Consumer with the order confirmation; They can be accessed at any time by saving and storing them on the consumer's device, and they will be kept in the systems of the SELLER within the framework of the relevant laws and for a maximum of three years.

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ARTICLE 5 - RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL RIGHTS

The  privacy rules, policies and conditions stated below apply to the protection, confidentiality, processing-use of information and communications and other matters on the WEBSITE.

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5.1. The necessary measures for the security of the information and transactions entered by the consumer on the WEBSITE have been taken in the system infrastructure on the SELLER's side, according to the nature of the information and transaction, within the scope of today's technical possibilities. However, since the information in question is entered from the Consumer's device, it is the Consumer's responsibility to take the necessary measures, including those related to viruses and similar harmful applications, in order to protect them by the Consumer and to prevent them from being accessed by unrelated persons. 

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5.2. In addition to and confirming the permissions-approvals of the personal data and commercial electronic communications given by the Consumer in other ways; For the provision of various products/services and all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications by the Consumer's membership and shopping on the WEBSITE, the information obtained during the Consumer's membership and shopping, and for electronic and other commercial-social communications to be made for the purpose of providing various products/services and all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications, and It can be recorded in the presence of its successors indefinitely or for a period of time to be stipulated, stored in printed/magnetic archives, updated when deemed necessary, shared, transferred, transferred, used and processed in other ways. This data may also be forwarded to the relevant Authorities and Courts when required by law. The consumer has consented and permitted the use, sharing, processing of existing and new non-personal information within the above scope in accordance with the legislation on the protection of personal data and the electronic commerce legislation, and to make non-commercial electronic communications and other communications. 

 

5.3. The consumer may stop the data use-processing by contacting the SELLER through the specified communication channels and/or by reaching the same channels or by using the right of rejection in electronic communications sent to him/her at any time. According to the Consumer's explicit notification in this regard, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if it wishes, its information, except for those that are legally required and/or possible, is deleted from the data recording system or anonymized in a way that cannot be identified. If the consumer wishes, the transactions related to the processing of his personal data, the persons to whom it is transferred, the correction in case of incomplete or incorrect, the notification of the corrected information to the relevant third parties, the deletion or destruction of the data, the objection to the emergence of a result against him by analyzing it with automated systems, the elimination
of damage in case of damage due to the unlawful processing of the dataYou can always contact the SELLER through the above communication channels and get information. Applications and requests in these matters will be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party. 

 

5.4. Regarding all kinds of information and content of the WEBSITE and their arrangement, revision and partial/complete use; Except for those belonging to other third parties according to the SELLER's agreement; all intellectual-industrial rights and property rights belong to the SELLER. 

 

5.5. The SELLER reserves the right to make any changes it deems necessary in the above matters; these changes will be effective from the moment they are announced by the SELLER on the WEBSITE or by other appropriate methods.

 

5.6. On other sites accessed from the WEBSITE, their own privacy-security policies and terms of use apply, and the SELLER is not responsible for any disputes and negative consequences that may occur.

ARTICLE 6- GENERAL PROVISIONS

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6.1. The Product subject to the order is delivered to the Consumer/third party/organization at the above address notified by the Consumer, provided that the legal 30-day period is not exceeded, on the following principles. For the products sold by pre-order, the Consumer agrees that this period will start as of the estimated stock entry date specified on the product page, and that the maximum delivery period of 30 days for the products that he paid to purchase with the pre-order will start as of the estimated stock entry date specified on the relevant product page.

 

6.2. The SELLER sends and delivers the Products through the contracted cargo company for their shipments. If this cargo company does not have a branch in the Consumer's location, the Consumer must receive the Product from another nearby branch of the cargo company notified by the SELLER.

 

6.3. Except for the products subject to pre-order sales, the Products in stock are planned to be delivered to the cargo within an average of five (5) business days from the date of order. The specified periods are notified to the Consumer at the shopping cart stage as well as in the informative e-mail sent after the order is completed. If these estimated periods are extended, the Consumer will be informed separately by the SELLER.

 

6.4. In general, and unless expressly stated otherwise, delivery costs (shipping costs, etc.) It belongs to the Consumer.

 

6.5. In the event that the Consumer is not present at the address during the delivery of the products and the persons at the address do not accept the delivery, the SELLER will be deemed to have fulfilled its obligation in this regard. If there is no one to receive it at the address, it is the responsibility of the Consumer to contact the cargo company and follow up and ensure the shipment of the products. If the product is to be delivered to a person/organization other than the Consumer, the SELLER cannot be held responsible if this person/organization is not at the address or does not accept the delivery. In these cases, any damages arising from the Consumer's late receipt of the Product and the expenses incurred due to the fact that the Product has been waiting in the cargo company and/or the cargo is returned to the SELLER belong to the Consumer.

 

6.6. The Consumer must have paid the sales price in full, including costs, before taking delivery of the Product. In cash sales, if the price of the Product is not paid to the SELLER in full before delivery, and if the installment amount due in installment sales is not paid, the SELLER may unilaterally cancel the contract and not deliver the Product. If, for any reason, the price of the goods or services is not paid by the Consumer or the payment is canceled in the bank records, the SELLER is deemed to be relieved of the obligation to deliver the goods or services.

 

6.7. If, for any reason after the delivery of the Product, the Bank/financial institution to which the credit card belongs does not pay the Product price to the SELLER or demands a refund of the price paid, the Product is returned to the SELLER by the Consumer within 7 working days at the latest. If the non-payment of the product price is caused by an unfair instruction or objection of the Consumer to the Bank or a defect or negligence, the shipping costs will be borne by the Consumer. All contractual-legal rights of the SELLER, including the follow-up of the product price receivable without accepting the return, are reserved.

 

6.8. In cases where the Consumer pays the sales price with credit cards, installment cards, etc. from banks (including financial institutions), all facilities provided by these cards are credit and/or installment payment opportunities provided directly by the card issuer; Product sales realized within this framework and for which the SELLER collects the price once or gradually are not credit or installment sales for the parties to this Agreement,  It is a cash sale. The legal rights of the SELLER in cases that are legally considered to be sales in installments (including the right to terminate the contract in case of non-payment of installments and/or to demand the payment of the entire remaining debt together with default interest) exist and are reserved within the framework of the relevant article. In case of default of the Consumer, default interest is applied at the monthly rate as stipulated by applicable laws.

 

6.9. As of the estimated stock entry date specified on the product page for the products subject to pre-order sale, the delivery of the order to the Consumer within 30 days from the moment of approval in standard distance sales is timely delivery. In the event that it cannot be delivered within the legal maximum period of 30 days due to extraordinary circumstances other than normal sales/delivery conditions (such as weather conditions, heavy traffic, earthquake, flood, fire), the SELLER informs the Consumer about the delivery by accessing the existing contact information. In this case, the Consumer can cancel the order, order a similar product, or wait until the extraordinary situation ends.

 

6.10. In the event that it is understood that the SELLER will not be able to supply the Product subject to the Contract, within three (3) days from the date of learning of this situation, the Consumer may supply another good/service of equal quality and price, provided that he obtains his verbal/written consent by informing the Consumer clearly and by one of the same means, and is deemed to have fulfilled his commitment subject to the Contract in this way. The consumer is free in all respects to give such consent or not, and in cases where he does not give his approval, the contractual-legal provisions regarding the cancellation of the order (termination of the contract) are applied.

 

6.11. The Consumer must have paid the price in full before receiving the Product. If, for any reason after the delivery of the product, the Bank/financial institution to which the credit card to which the transaction is made does not pay the price of the Product to the SELLER or demands a refund of the price paid, the Product is returned to the SELLER by the Consumer within 3 days at the latest. If the non-payment of the product price is due to a fault or negligence of the Consumer, the shipping costs will be borne by the Consumer. All other contractual-legal rights of the SELLER, including the follow-up of the product price receivable without accepting the return, are reserved separately and in any case.

 

6.12. In order to avoid hesitation; In cases where the Consumer pays the sales price with a credit card, installment card, etc. from banks (including financial institutions), all facilities provided by these cards are credit and/or installment payment opportunities provided directly by the card issuer; Product sales that take place within this framework and for which the SELLER collects the price once or gradually are not credit or installment sales for the parties to this Agreement, they are cash sales.

ARTICLE 7- CONSUMER'S LEGAL REMEDIES - COMPETENT JUDICIAL AUTHORITIES

 

7.1. In disputes that may arise for this Agreement, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined by the Ministry of Commerce every year in accordance with the law, and Consumer Courts are authorized in cases exceeding these limits. In this case, the consumer may apply to the Arbitral Tribunals and Consumer Courts in his or the SELLER's place of residence.

 

7.2. The Consumer has read all the conditions and explanations written in this Agreement and in the preliminary information of the order-contract (on the WEBSITE), and has been informed in advance about all the issues written in Article 3 of this Agreement, including the basic characteristics of the Product(s) subject to sale, delivery conditions, payment method, sales price, all other preliminary information about the SELLER and the Product subject to sale, and the right of withdrawal, personal information-electronic communication and reward points,  accepts and declares that he/she has seen all of them electronically on the WEBSITE and that he/she has accepted the provisions of this Agreement with the order of the Product by approving all of them electronically.

 

7.3. Preliminary information and this Agreement are also sent to the above e-mail address notified by the Consumer to the SELLER, and the order summary is included in the e-mail received, together with the confirmation of receipt of the order.