Distance Sales Contract
1. Parties
a) ERPEK İÇ VE DIŞ TİC. LTD. ŞTİ (hereinafter referred to as ‘’Lulu’s Pet Couture’’) located at Atatürk Cad. Sera Sok. No:3G/70 Küçükyalı/İstanbul and operates this web site www.luluspet.com
b) Internet user who is a member of www.luluspet.com ("Member")
2. Scope
Hereby the subject of this Agreement is to determine the conditions of using www.luluspet.com by the member of this web site that is owned by Lulu's Pet Couture.
3. Rights and Obligations of the Parties
3.1. The Member declares and undertakes that the personal and other informations he / she makes available on the www.luluspet.com web site is correct under the laws and will compensate all losses of Lulu’s Pet Couture due to giving misstated informations.
3.2. The member should not give the password given to her / him by Lulu's Pet Couture, to any other person or organization, only the member has the right to use the password. For this reason, Lulu's Pet Couture reserves the right to claim any compensation for any possible claim arising from such unauthorized use, by any third party or competent authority.
3.3. The member agrees and undertakes to comply with the provisions of the legal legislation and not to violate them when using www.luluspet.com website. Otherwise, all legal and penal obligations will completely and exclusively bind the member.
3.4. The Member shall not use the www.luluspet.com website in any way to infringe public order, violate the general morality, annoy and harass the others, in violation of the intellectual and copyright of others. In addition, the member should not engage in any activity (spam, virus, trojan horse, etc.) that may prevent or complicate the use of services by others.
3.5. The member should accept not to infamise our company's name, threathening, with no legal basis against manufacturers / vendors, humiliating, immoral, not to send messages violating T.C. laws and using appropriate user names under moral rules.
3.6. By using the services of www.luluspet.com, any record or obtained material is under the consent of the user, the failure, the loss of information and other losses on his / her computer belongs to him / her and also can not claim compensation from Lulu’s Pet Couture.
3.7. Without the permission of Lulu's Pet Couture, it is not permitted to copy, publish the content of the site partially or in part and distribute or use it as content advisory.
3.8. Our customers accept not to give misleading information to visitors about any product.
3.9. Lulu’s Pet Couture can not be held liable for the actions arising due to legal changes occured out of the scope of the user agreement.
It is accepted by our customers that the conditions stated in the return policy of the products will be fully fulfilled.
4. Delivery and Return Terms
4.1. We would like to remind you that there is not any obligation of holding every product in stocks.
4.2. All actions arising due to legal changes, are out of the scope of the user agreement and are not the responsibility of Lulu's Pet Couture and will be exactly reflected in the contract.
4.3. www.luluspet.com guarantees to deliver the products within 10 days for Europe and 20 days for other destinations, after the execution of all purchasing procedures.
4.4. The product you request for the return should be couriered to us by the preferred courier company of luluspet.com.
4.5. Used or weared products are not acceptable.
4.6. The return of the product is accepted with its invoice and within 7 days from the delivery date.
4.7. Damaged packaging and missing an accessory or a part of the product will result with the rejection of return request.
4.8. Type of Products, Quantity, Brand / Model, Color, Sales price Including Taxes are as follows.
Product, Name, Quantity, Description
Sales price
(VAT included)
………… ............ ............
...
… .. TL
4.9. Delivery Terms and Address:
Delivery address : ………….
Receiver name:
Billing address : ………..
The delivery shall be done by hand via contracted courier company to the address of the BUYER mentioned above. The SELLER shall be deemed to have fulfilled its performance in full even if the BUYER is not available at the address at the time of delivery. Therefore, the expenses incurred by the BUYER due to any damage caused by the BUYER'S late receipt of the product and / or the return of the cargo to the SELLER belongs to the BUYER.
The shipping fee for the delivery is ..........- and shall be borne by the BUYER and reflected in the invoice related to the order of the BUYER under ‘’Shipping fee’’. Lulu's Pet Couture does not accept any liability for delivery to a wrong address or loss due to the missing information provided by the BUYER in the membership form.
Lulu's Pet Couture is not liable for any failure to deliver products due to the fact that the BUYER is not found at the delivery address within the period specified.
If the courier company has delivered the ordered products to the delivery address and left a notice due to not finding the BUYER at the delivery address, then the BUYER should accept to get the products from the branch office of the courier company.
www.luluspet.com guarantees to deliver the products within 10 days for Europe and 20 days for other destinations, after the execution of all purchasing procedures.
4.10. Payment Terms: By credit card.
4.11. SELLER does not sell with deferred payment. There is not any interest applied for late payment.
4.12. Credit card refund procedure:
In cases where the BUYER uses the right of withdrawal or if the product subject to the order can not be supplied for various reasons or if the decision of the arbitral tribunal is that consumer should be refunded, if it’s sold by credit card with installments then the credit card refund procedure is as follows: If the bank has made installments then the refund is made in installments accordingly. After ERPEK İÇ VE DIŞ TİC. LTD. ŞTİ pays back the full amount at once to the bank, the liability for refunding the BUYER will be on the bank.
ERPEK İÇ VE DIŞ TİC. LTD. ŞTİ does not refund in cash against the payments done with credit card due to the agreement with the banks. The reason is that refund in cash is directly made to the bank. The refund to the BUYER’s account by the bank is made according to the procedures after ERPEK İÇ VE DIŞ TİC. LTD. ŞTİ refund the full amount to the bank.
The BUYER agrees that this procedure has been read and accepted.
5. General Rules
5.1. The BUYER declares that he / she has read and been informed about the basic properties of the product, its sales price, payment terms and the preliminary information about the delivery of the product subject to the contract, by giving the confirmation in electronic environment.
5.2. The product subject to the contract shall be delivered to the BUYER or the person / institution at the address indicated in the preliminary information given on the web site, depending on the distance of the BUYER, for each product, provided that it does not exceed the legal 30-day period.
5.3. If the product subject to the contract is to be delivered to another person / organization other than the BUYER then SELLER and Lulu's Pet Couture can not be held liable in case the person / organization rejects to receive it.
5.4. For the delivery of the contracted product, the signed copy of this contract must be delivered to the SELLER and the price amount must be paid by the BUYER. If, for any reason, the payment is not done or canceled in the bank records, the SELLER shall be deemed to have been liberated from the obligation to deliver the product.
5.5. After the delivery of the product, in case the credit card of the BUYER is unfairly or unlawfully used by unauthorized persons without fault of the BUYER and if the bank or financial institution does not pay the product price to the SELLER due to this shady transaction, then the BUYER must return the product to SELLER within 3 days by having shipping fees on her / his account.
5.6. Refund to the bank by the SELLER is done within 7 days after the cancellation. After the return of this amount to the bank, transferring it to the bank account of the BUYER is completely related to the bank’s transaction process, the BUYER should accept that the SELLER can not be held liable due to some possible delays of refund up to 2-3 weeks that is directly related with bank’s own procedures and it is clear that the SELLER can not get involved in that process.
6. Termination of the Contract
This contract shall remain valid until the member cancels her / his membership. Lulu's Pet Couture may terminate the membership of the member and terminate the contract unilaterally if the member violates any clause of the membership agreement.
7. Settlement of Disputes.
Istanbul KADIKÖY Court and Enforcement Offices shall be accepted to resolve any disputes arising from the application of this contract.
8. Enforcement
A member's membership registration means that the member reads and accepts all clauses in the membership agreement. It is hereby agreed that this agreement is executed once member’s membership registration starts and mutually becomes effective.
