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Handcrafted since 1985 · Antalya · Istanbul
LC Leather Club1985

Distance Sales Agreement

This translation is provided for information only. The legally binding text is the Turkish version.

LEATHER CLUB DISTANCE SALES AGREEMENT

This Agreement governs the rights and obligations of the parties with respect to the sale and delivery to the BUYER (Consumer), and other matters, of the products/services specified below, which the BUYER wishes to purchase by placing an order on the SELLER's electronic commerce website www.lcleatherclub.com, including cases where transactions are carried out via the application on the BUYER's mobile device. After the BUYER approves this Agreement on the WEBSITE, the price and expenses of the Product(s) ordered are collected by the payment method selected.

Article 1 - PARTIES

SELLER

Title: Leather Club Tekstil ve Deri Turizm İnş. San. Tic. Ltd. Şti.
Address: Gökalp Mah. Zübeyde Hanım Cad. No:62 Zeytinburnu - İSTANBUL
Phone: +90 552 322 77 75 (Customer Service), (0242) 322 77 77
Fax: (0242) 322 28 88
E-mail: info@leatherclub.com.tr
Bank Account: Yapı ve Kredi Bankası Altınova Şubesi, Branch Code: 1023, Account No: 56050336, IBAN No: TR35 0006 7010 0000 0056 0503 36

BUYER

The Name, Surname / Title, Address, Phone and E-mail information are entered by the BUYER during the order and are included in the order-specific agreement.

Article 2: PRODUCT, PRICE, PAYMENT AND DELIVERY SUBJECT TO THE AGREEMENT

The Type and Kind, Quantity, Brand/Model/Color, Unit Price(s) and Sales Price of the Products (goods/services), together with the Payment (collection) Information and the Delivery Information, including the place of delivery notified by the BUYER, are as set out below. In the event that the courier company carrying out the delivery does not have a branch at the location where the BUYER is situated, the BUYER must collect the goods from another nearby branch to be notified by the SELLER (the BUYER will be duly informed in this respect by e-mail/mail, SMS or telephone). Other matters concerning delivery are set out in Article 7 of the Agreement below.

The type, quantity, unit price and total sales price (including VAT) of the products ordered; the method of payment; the delivery and invoice information (the person to whom delivery will be made, the delivery and invoice address, phone, e-mail) are determined during your order and are included in the order-specific agreement. Shipping is free of charge.

Article 3 - MATTERS OF WHICH THE BUYER HAS BEEN INFORMED IN ADVANCE

The BUYER acknowledges and confirms that, with respect to the following matters, prior to the conclusion of this Agreement through the BUYER's acceptance of it on the WEBSITE, and prior to placing the order and undertaking the payment obligation, the BUYER has been informed by viewing and examining all general and specific explanations on the relevant pages and sections of the WEBSITE.

- The SELLER's title and contact information together with its current identifying details,

- The stages of the sales transaction during the purchase of the Product(s) from the WEBSITE, together with the appropriate means and methods for correcting information entered incorrectly,

- The Professional Chamber to which the SELLER belongs (İTO-İstanbul Ticaret Odası) and the electronic contact information through which information on the rules of conduct prescribed by the İTO for the profession can be obtained (Phone: 4440486, www.ito.org.tr)

- The confidentiality, data use and processing, and electronic communication rules applicable by the SELLER to the BUYER's information, together with the permissions given by the BUYER to the SELLER on these matters, the BUYER's legal rights, the SELLER's rights and the procedures for the exercise of the parties' rights,

- The shipping restrictions prescribed by the SELLER for the Products,

- The payment methods and instruments accepted by the SELLER for the Product(s) subject to the Agreement, together with the essential features and qualities of the Products, and the total price including taxes (the total amount the BUYER will pay to the SELLER, including the relevant expenses),

- Information about the procedures for the delivery of the Products to the BUYER, together with the carriage, delivery and shipping expenses,

- Other payment/collection and delivery information relating to the Products, together with information on the performance of the Agreement, and the undertakings and responsibilities of the parties on these matters,

- The Products and other goods/services for which the BUYER does not have the right of withdrawal,

- In cases where the BUYER has the right of withdrawal, the conditions, period and procedure for exercising this right, and that the BUYER will lose the right of withdrawal if it is not exercised within the time limit,

- In Products subject to the right of withdrawal, that if the Product becomes damaged or undergoes a change due to use that is not in accordance with the usage instructions, ordinary operation or technical specifications within the withdrawal period, the BUYER's withdrawal request may not be accepted and the BUYER will in any case be liable to the SELLER, and that in cases accepted by the SELLER, the SELLER may collect an amount it deems appropriate according to the said damage or change by deducting (offsetting) it from the refund to be made to the BUYER,

- In cases where the right of withdrawal exists, the manner in which the Products may be returned to the SELLER and all related financial matters (the methods of return, the cost, and the refund of the Product price, as well as the deductions and offsets that may be made from the refund to the BUYER for reward points earned/used by the BUYER during the return, free products in campaign sales, other free/discounted/reduced benefits provided, gift vouchers, and the like, including additional collections from the BUYER depending on the circumstances where these are insufficient),

- That if the BUYER is a legal entity, it cannot exercise "consumer rights," in particular the right of withdrawal, for Products purchased for commercial or professional purposes (for example, bulk purchases are in any event deemed to be of this nature),

- That, depending on their nature, all other sales conditions also included in this Agreement, and this Agreement itself, are sent to the BUYER by electronic mail after this Agreement is concluded through the BUYER's approval on the WEBSITE, and may therefore be retained and accessed by the BUYER for as long as desired, and that the SELLER may also retain them on its premises for a period of three years.

​- Procedures and practices regarding confidentiality, personal data and electronic communications,

- The contact information through which the BUYER may convey its complaints to the SELLER in the event of disputes, together with the fact that the BUYER may make its legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.

Article 4 - RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product, without giving any reason and without paying any penalty.

However, by law there is no right of withdrawal in contracts relating to the following goods/services, even if they have not been used or benefited from: a) goods prepared in line with the BUYER's special requests or personal needs (including those made specific to the person/personal needs by making changes or additions thereon, and special Products imported/procured from within or outside the country at the BUYER's order) b) goods that are perishable or liable to expire, such as cosmetics and the like, and food items such as chocolate and the like c) likewise, goods such as cosmetics, swimwear, underwear products and the like whose protective elements such as packaging, tape, seal or wrapping have been opened after delivery and whose return is not appropriate in terms of health and hygiene d) goods that become mixed with other products after delivery and which by their nature cannot be separated e) any kind of products with digital content such as books, CDs, DVDs, audio and video recordings, software and the like whose protective elements such as packaging, tape, seal or wrapping have been opened, together with computer consumables; vi) all services performed instantly in the electronic environment and all kinds of intangible goods delivered instantly to the consumer f) goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller/provider, g) periodicals such as newspapers and magazines, other than those provided under a subscription agreement, h) services for the use of leisure time provided for accommodation, transport of goods, car rental, supply of food and beverages, and entertainment or recreation that must be performed on a specific date or period i) services the performance of which has begun within the withdrawal period with the BUYER's consent and j) in general, other goods/services deemed to be outside the scope of distance selling under the relevant legislation, as well as cases where the BUYER makes a purchase for commercial/professional purposes.

In cases where the exercise of the right of withdrawal is possible, the BUYER is liable by law for any changes and deterioration that occur if the BUYER does not use the goods in a manner appropriate to their operation, technical specifications and usage instructions within the withdrawal period. Accordingly, if a change or deterioration occurs in the period up to the date of withdrawal due to the Product not being used in a manner appropriate to its usage instructions, technical specifications and operation, the BUYER may lose the right of withdrawal; in cases accepted by the SELLER, a reduction in the amount of the change/deterioration is made from the Product price to be refunded.

In cases where the right of withdrawal exists, it is sufficient for the BUYER to have directed an express notification to the SELLER that the right of withdrawal has been exercised (conveyed orally/in writing to the contact addresses specified above) within the statutory 14-day period. In the event that the said right is exercised within the time limit, the Product must be sent to the SELLER's above address, at the BUYER's expense, within a maximum of ten (10) days. If a contracted courier company is specified for product returns on the WEBSITE, the BUYER may send the Product from a branch within or outside the District where the BUYER is located, in which case no expense is charged to the BUYER.

In this return process, the Product must be delivered complete and undamaged together with its box, packaging and, if any, standard accessories. In addition, pursuant to tax legislation, in addition to the cases where a Return Invoice must legally be issued by the BUYER, the section relating to the return, indicated below, on the invoice to be returned together with the Product must be completed and signed. Returns of orders whose invoice is issued in the name of institutions (legal entities) will not be accepted unless a Return Invoice is issued.

"The address to which the Product will be returned, the SELLER's address / the address of the courier company to which delivery is made for the return."

Provided that the requirements specified above are fulfilled by the BUYER, within 14 days from the date the withdrawal notification reaches the SELLER, the Product price and, if any, the costs of delivery of the Product to the BUYER are refunded to the BUYER in a manner appropriate to the payment instrument used when purchasing the Product.

The BUYER's legal rights and responsibilities relating to the Products after the withdrawal period, together with the SELLER's rights and obligations against the BUYER, including contractual and legal rights of collection and offset, including those relating to reward points and free/discounted/reduced sales, separately exist and remain valid.

ARTICLE 5 - SPECIAL CONDITIONS APPLICABLE WHERE THE BUYER EARNS REWARD POINTS AND/OR MAKES PAYMENT TO THE SELLER USING REWARD POINTS WHEN PURCHASING THE PRODUCT SUBJECT TO THE AGREEMENT

5.1. Where there is a current arrangement/agreement between an organization that grants reward points and the like and the BUYER and the SELLER that enables reward points to provide discounts and the like in purchases from the SELLER's WEBSITE, if the BUYER has earned such reward points on account of the purchase subject to this Agreement, as a requirement of the SELLER's said arrangement and likewise of the BUYER's own agreement with the said organization, then in cases where withdrawal from this Agreement and termination/order cancellation by other means is in question and a refund is to be made to the BUYER, the amount (monetary value) of the reward points, gifts and the like earned by the BUYER through the purchase subject to this Agreement is taken back from the BUYER.

Namely; unless a different method is prescribed in the SELLER's agreement with the relevant organization, this recovery process is carried out, where the BUYER has sufficient other reward points (excluding reward points earned through the purchase subject to this Agreement) within the said organization-system, primarily from those reward points, and where they do not exist, by deducting (offsetting) the amount in cash from the price the SELLER will refund to the BUYER.

5.2. If payment to the SELLER in the purchase of the Product subject to this Agreement has been made partially/wholly with reward points and the like by the BUYER, then in cases where the return of the Product so purchased is in question, with the Product price to be refunded to the BUYER pursuant to the relevant provisions of this Agreement, the reward points and the like used by the BUYER within the SELLER when purchasing the Product on the WEBSITE may, unless the SELLER has a different arrangement with the relevant organization, be returned to the BUYER (again as points).

5.3. As a valid general rule in cases where it is determined that reward points have been earned or used in any unjustified manner by the BUYER, the monetary value-amount of the said reward points may be collected by the SELLER from the BUYER (from the credit card, in cash and by other lawful methods). This provision also applies to the price of goods given as a gift to the BUYER by the SELLER as a result of the operation of such a system.

5.4. Other matters relating to the earning and use of reward points and the like are subject to the provisions of the arrangements/agreements between the said organization and the BUYER and the SELLER, and in relevant cases the SELLER may exercise all the rights and powers specified both here and in the said agreements/arrangements before the BUYER and the organization, and may carry out the relevant transactions also in the name of and/or on account of the said organization and/or other businesses within the same system.

5.5. Demands for cash money in exchange for reward points, gift vouchers and the like earned from the SELLER or used within the SELLER are in no case and in no manner accepted.

5.6. The SELLER accepts no liability for disputes between the BUYER and the organizations referred to above, or for any material, legal, financial and non-financial consequence thereof; the above provisions are valid and reserved.

5.7. The above provisions also apply by analogy to the earning and use of reward points obtained by the Consumer directly from the SELLER, if any.

All consumers who earn reward points from the WEBSITE/SELLER or who use reward points and the like in their payments to the SELLER, and thus the BUYER, are thereby deemed to have accepted the above special conditions (as well).

ARTICLE 6 - RULES RELATING TO SECURITY-CONFIDENTIALITY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL-INDUSTRIAL RIGHTS

On the WEBSITE, the confidentiality rules-policy and conditions whose current principles are set out below apply to the protection, confidentiality, processing-use of information and to communications and other matters.

6.1. The necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken in the SELLER's system infrastructure, to the extent of today's technical possibilities according to the nature of the information and transaction. Nevertheless, since the said information is entered from the BUYER's device, the responsibility for taking the necessary measures on the BUYER's side, including those relating to viruses and similar harmful applications, so that it is protected and cannot be accessed by unrelated persons, belongs to the BUYER.

6.2. In addition to and confirming the BUYER's permissions-approvals regarding personal data and commercial electronic communications given by other means; the information obtained during the BUYER's membership of the WEBSITE and its purchases may be recorded by the SELLER for the provision of various products/services and for all kinds of electronic and other commercial-social communications to be carried out for the purposes of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications, indefinitely or for the period they prescribe, before those specified and their successors, may be stored in printed/magnetic archives, may be updated where deemed necessary, may be shared, transferred, conveyed, used and processed by other means. This data may also be conveyed to the relevant Authorities and Courts in cases required by law. The BUYER has consented and given permission to the use, sharing, processing of its existing and new personal and 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 commercial and non-commercial electronic communications and other communications being made to it.

6.3. The BUYER may, at any time, stop data use-processing and/or stop communications by reaching the SELLER through the specified communication channels and/or by reaching it through the same channels in accordance with legal procedure or by exercising the right of refusal in the electronic communications sent to it. According to the BUYER's express notification on this matter, personal data processing and/or communications to it are stopped within the legal maximum period; furthermore, if the BUYER wishes, its information, other than that which must legally be retained and/or that which is possible, is deleted from the data recording system or anonymized so that the identity cannot be determined. If the BUYER wishes, it may at any time apply to and obtain information from the SELLER through the above communication channels on matters such as the processing of its personal data, the persons to whom it has been transferred, the correction of incomplete or incorrect data, the notification of corrected information to the relevant third parties, the deletion or destruction of data, objecting to a result arising against it through analysis by automated systems, and the remedying of damage suffered due to the unlawful processing of data. Its applications and requests on these matters will be fulfilled within the legal maximum periods, or may not be accepted with the legal grounds being explained to it.

6.4. With respect to all kinds of information and content belonging to the WEBSITE and the arrangement, revision and partial/full use thereof; except for those belonging to other third parties under the SELLER's agreement; all intellectual-industrial rights and ownership rights belong to the SELLER.

6.5. The SELLER reserves the right to make any changes it may deem necessary on the above matters; these changes become valid from the moment they are announced by the SELLER on the WEBSITE or by other appropriate methods.

6.6. On other sites accessed from the WEBSITE, their own confidentiality-security policies and terms of use apply; the SELLER is not responsible for any disputes that may arise or for their adverse consequences.

Article 7 - GENERAL PROVISIONS

7.1. The Product subject to the Agreement is delivered to the BUYER or to the third person/organization at the address indicated on the WEBSITE, on the principles set out below, provided that the statutory 30-day period is not exceeded.

The SELLER sends and has its Products delivered for its shipments by means of a contracted courier company. In the event that this courier company does not have a branch at the location where the BUYER is situated, the BUYER must collect the Product from another nearby branch of the courier company notified by the SELLER.

Products in stock are delivered to the courier company, to be delivered to the person and address notified by the CONSUMER during the order, within at most seven (7) days from the order date. The Courier Companies deliver the shipments they receive from the SELLER to the BUYERs within an average of 2 (two) business days under normal conditions, although this varies according to the distances.

7.2 In general and unless otherwise expressly stated, delivery expenses (shipping fee, etc.) belong to the BUYER. The SELLER may not pass on all or part of the said delivery expenses to the BUYER, depending on the campaigns it runs at the time of sale and whose conditions it announces on the WEBSITE. In cases where the right of withdrawal is exercised for all of the products subject to the order, as well as in cases where it is exercised for part of them, if the minimum purchase amount of the SELLER's free shipping (delivery) campaign (from which the BUYER benefited, if any) is fallen below, the entire delivery-shipping price not collected within the scope of the campaign is collected by deducting it from the amount to be refunded to the BUYER (in cases where the BUYER paid the delivery-shipping fee, this fee is refunded). Likewise, in all cases where the BUYER, by purchasing at the minimum amount of any SELLER campaign, has received a discount or, in the same vein, a free (gift) product, as well as in all cases where the BUYER earned/used a gift voucher and the like, if, as a result of the right of withdrawal being exercised for all or part of the products subject to the order, the said minimum amount has been fallen below or the condition for earning/using the gift voucher and the like has in any manner ceased, and thus, generally expressed, the conditions for benefiting from the campaign / the earning or usage conditions have been breached/not complied with by the BUYER, the entire amount of the said discount/rebate (and likewise the gift product price, if any) is collected by deducting it from the amount to be refunded to the BUYER, and where this is insufficient, from the payment instrument (including credit card, etc.) used during the purchase; if the BUYER earned a (virtual/physical) gift voucher, points and the like on account of the purchase, this is cancelled, and if the BUYER used a (virtual or physical) gift voucher, points and the like, the entire value thereof is again deducted from the amount to be refunded to the BUYER, and where this is insufficient, it is collected as above. These provisions apply in the same way, in addition to cases where the right of withdrawal is exercised, in all other cases where a product return is in question, except for defective products.

7.3. In the event that the BUYER is not personally present at its address at the time of 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 respect. In the event that there is no one to take delivery at the address, it is the BUYER's responsibility to contact the courier company and follow up on the shipment of the products. If the Product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the person/organization to whom delivery is to be made not being present at the address or not accepting the delivery.

In these cases, any damage arising from the BUYER's late receipt of the Product, as well as the expenses incurred due to the Product waiting at the courier company and/or the shipment being returned to the SELLER, also belong to the BUYER.

7.4. The BUYER is responsible for checking the Product at the moment of receipt and, when seeing a problem in the Product caused by the courier, for not accepting the Product and having a report drawn up by the courier company official. Otherwise the SELLER will accept no responsibility.

7.5. Unless otherwise prescribed in writing by the SELLER, the BUYER must have paid the price in full before taking delivery of the Product. In cash sales, if the Product price is not paid to the SELLER in full before delivery, and in installment sales, if the installment amount that has fallen due is not paid, the SELLER may unilaterally cancel the agreement and may not deliver the Product.

In the event that, after delivery of the Product, for any reason, the Bank/financing institution to which the credit card used in the transaction belongs does not pay the Product price to the SELLER or demands back the amount it has paid, the Product is returned by the BUYER to the SELLER within at most 3 days. If the non-payment of the Product price arises from a fault or negligence of the BUYER, the shipping expenses will be borne by the BUYER. The SELLER's other contractual and legal rights, including the pursuit of the Product price receivable without accepting the return, are also separately and in any case reserved.

For the avoidance of doubt; in cases where the BUYER pays the sales price with a credit card, installment card and the like that it holds from banks (including financing institutions), all the facilities provided by these cards are credit and/or installment payment facilities provided directly by the card-issuing institution; the Product sales realized within this framework, for which the SELLER collects the price in a single payment or in stages, are not credit or installment sales as regards the parties to this Agreement, but are cash sales. The SELLER's legal rights in cases legally deemed to be installment sales (including the right to terminate the agreement in the event of non-payment of installments and/or to demand payment of the entire remaining debt together with default interest) exist and are reserved within the framework of the relevant legislation. In the event of the BUYER's default, default interest is applied at the monthly rate as prescribed by the applicable laws.

7.6. If the Product cannot be delivered within the statutory maximum 30-day period due to extraordinary circumstances (such as adverse weather, heavy traffic, earthquake, flood, fire) outside normal sales/delivery conditions, the SELLER informs the BUYER regarding delivery. In this case the BUYER may cancel the order, order a similar product, or wait until the end of the extraordinary circumstance.

7.7. In the event that it is understood that the SELLER cannot supply the Product subject to the Agreement, the SELLER may, provided that it clearly informs the BUYER by a lawful method within three (3) days from the date it learns of this situation and obtains the BUYER's oral/written approval, supply another good/service of equal quality and price and is thereby deemed to have fulfilled its undertaking subject to the Agreement. The BUYER is in every respect free to give or not give the said approval, and in cases where it does not give approval, the contractual and legal provisions concerning order cancellation (termination of the Agreement) apply.

7.8. In order cancellations and terminations of the Agreement, including withdrawals in accordance with the Agreement and the law, if the Product price has been collected, it is refunded to the BUYER within a maximum of 14 days. The requirements of the following rule are reserved. The refund is made in a manner appropriate to the payment instrument used by the BUYER in paying the Product price to the SELLER. For example, in payments by credit card, the refund process is likewise carried out by refunding to the BUYER's credit card, and the Product amount is refunded to the relevant bank within the same period after the order is cancelled by the BUYER; since the reflection of this amount to the BUYER's accounts after the refund process to the bank is carried out by the SELLER is entirely related to the bank's transaction process, the BUYER accepts in advance that it is not possible for the SELLER to intervene or assume responsibility in any way for possible delays (banks' processes of reflecting the refund to the BUYER's account can generally take up to three weeks).

The SELLER has and reserves rights of offset, reduction and deduction arising from this Agreement and the law for the amount to be refunded. The BUYER's legal rights relating to cases where the Agreement is terminated by the BUYER due to the SELLER's failure to perform its obligation are also reserved and exist.

7.9. The BUYER may convey its requests and complaints regarding the Product and the sale to the SELLER orally or in writing by reaching the SELLER through the SELLER's communication channels in the introductory part of the Agreement.

7.10. Some of the matters set out in Article 3 above may, by their nature, not be included in this Agreement; nevertheless, they are included in the Preliminary Information viewed/approved by the BUYER on the WEBSITE, and likewise in the sales-stage or general information pages/sections of the WEBSITE, as relevant.

7.11. Since they are sent to the e-mail (mail) address notified by the BUYER after its acceptance, the BUYER may at any time access and examine the said Information and this Agreement by saving and retaining the said mail on its device. On the other hand, they are kept for three years in the systems within the SELLER.

7.12. In the resolution of any dispute that may arise from this Agreement and/or its application, the SELLER's records (including records in magnetic media such as computer and audio recordings) constitute evidence; the parties' rights arising in this respect from the relevant mandatory legal regulations are valid and reserved.

Article 8 - THE BUYER'S LEGAL REMEDIES - COMPETENT JUDICIAL AUTHORITIES

In disputes that may arise from this Agreement, the Provincial and District Consumer Arbitration Committees are competent and authorized within the monetary limits determined and announced each year by the Gümrük ve Ticaret Bakanlığı (Ministry of Customs and Trade) as required by law, and the Consumer Courts are competent and authorized in cases exceeding these limits. The BUYER may, within this framework, apply to the Arbitration Committees and Consumer Courts at its own place of residence (domicile) or, if it wishes, at the SELLER's place of residence.

The BUYER accepts and declares that it has read all the conditions and explanations written in this Agreement and in the order-agreement preliminary information that forms an integral part of it (on the WEBSITE), that it had prior knowledge of all the matters written in Article 3 of this Agreement, including the essential features and qualities of the Product(s) subject to sale, the sales price, the payment method, the delivery conditions, all other preliminary information regarding the SELLER and the Product subject to sale, and the right of withdrawal together with the personal information, electronic communication and reward points conditions, that it viewed all of these in electronic form on the WEBSITE, and that, by giving its confirmation-approval-acceptance-permission to all of these in electronic form and ordering the Product, it has accepted the provisions of this Agreement.