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Distance Selling Contract

ARTICLE 1- SUBJECT

The subject of this contract is to determine the rights and obligations of the parties in accordance with the Law No. 4077 on the Protection of Consumers, the Regulation on Distance Contracts and other relevant legal provisions regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the SELLER sells to the BUYER.

ARTICLE 2- ESTABLISHMENT OF THE CONTRACT

2.1 THE BUYER AGREES THAT IT HAS READ AND UNDERSTOOD THE CONTRACT AND IS AWARE OF ITS RIGHTS AND OBLIGATIONS.
2.2 THE SELLER AND THE BUYER AGREE THAT THERE IS NO DISPROPORTION BETWEEN THE OBLIGATIONS AGREED UPON IN THE CONTRACT AND THAT THE MUTUAL OBLIGATIONS ARE APPROPRIATE TO THE NATURE OF THE BUSINESS AND THAT THEY HAVE NO INEXPERIENCE IN THE TRANSACTIONS COVERED BY THE CONTRACT.
2.3 THE BUYER AGREES THAT HE/SHE HAS REACHED A FULL CONVICTION THAT THE TRANSACTIONS COVERED BY THE CONTRACT ARE IN HIS/HER BEST INTEREST AND THAT HE/SHE WILL COMPLY WITH ALL THE TERMS OF THE CONTRACT OF HIS/HER OWN FREE WILL, WITHOUT ANY DIFFICULTY OR DISTRESS, THOUGHTFULLY, WILLINGLY AND KNOWINGLY.
2.4 THE SELLER AND THE BUYER AGREE THAT THE PROVISIONS OF THE CONTRACT DO NOT HAVE A FEATURE THAT CAN BE CONSIDERED AN UNFAIR CONDITION AND THAT THERE IS NO INJUSTICE IN TERMS OF THE BALANCE OF INTERESTS.
2.5 THIS AGREEMENT, ITS ANNEXES AND THE INFORMATION PROVIDED WITHIN THE SCOPE OF THE TRANSACTIONS MADE ON www.lilyflowers.com.tr AND THE MATTERS APPROVED BY ELECTRONIC MEANS CORRESPOND TO THE REQUIREMENTS OF ARTICLE 6 OF THE REGULATION ON THE APPLICATION PROCEDURES AND PRINCIPLES REGARDING CAMPAIGN SALES.
2.6 THE PROVISIONS OF THIS AGREEMENT DO NOT CONTAIN ANY UNFAIR TERMS IN ACCORDANCE WITH THE PROVISIONS OF THE REGULATION ON UNFAIR TERMS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT CONTRADICT THE RULE OF HONESTY AND GOOD FAITH AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE CONSUMER PROTECTION LEGISLATION.
2.7 THE PROVISIONS OF THIS AGREEMENT HAVE BEEN PREPARED BY TAKING INTO ACCOUNT THE PROVISIONS OF THE NEW CODE OF OBLIGATIONS NUMBERED 6098. THE BINDING AND CONTENT CONTROL STIPULATED IN ARTICLE 21 OF THE NEW CODE OF OBLIGATIONS HAS BEEN MADE BY THE BUYER. NONE OF THE PROVISIONS OF THIS CONTRACT ARE FOREIGN TO THE NATURE OF THIS CONTRACT AND THE NATURE OF THE WORK (CONFUSING TERMS). THE PROVISIONS OF THIS CONTRACT ARE WRITTEN IN A CLEAR AND UNDERSTANDABLE MANNER AND DO NOT EXPRESS MORE THAN ONE MEANING.

ARTICLE 3- SELLER INFORMATION

Title Lily Florist-İSTANBUL
Address: Şemsettin Günaltay Cad.No 31 (on Minübus Cad.) Suadiye-Bostancı-Kadıköy 
Tel: 0544 745 41 41
Fax: ---
E-mail: ----
ARTICLE 6- GENERAL PROVISIONS

6.1 The BUYER declares that he / she has read and informed all preliminary information regarding the basic qualities, sales price and payment method and delivery of the product subject to the contract specified in Article 5 and that he / she has given the necessary confirmation electronically.
6.2 The product subject to the contract shall be delivered to the BUYER or the person / organization at the address indicated by the BUYER within the period described in the preliminary information depending on the distance of the BUYER's settlement for each product, provided that it does not exceed the legal 30-day period. This period can be extended for a maximum of 10 days provided that the consumer is notified in writing.
6.3 If the product subject to the contract will be delivered to a person / organization other than the BUYER, the SELLER cannot be held responsible for the person / organization to be delivered not accepting the delivery.
6.4 The SELLER is responsible for the delivery of the product subject to the contract intact, complete, in accordance with the qualifications specified in the order. Provided that it is based on a justified reason, the SELLER may supply goods or services of equal quality and price to the SELLER before the contractual performance obligation expires.
6.5 For the delivery of the product subject to the contract, this contract must be confirmed electronically and the price of the order subject to the contract must be paid. If for any reason the product price is not paid or canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.
6.6 If the SELLER cannot deliver the product subject to the contract within the period due to force majeure or extraordinary circumstances such as weather opposition that prevents transportation, interruption of transportation, it is obliged to notify the BUYER. In this case, the BUYER may use one of the rights to cancel the flower order, to replace the product subject to the contract with a precedent, if any, and / or to postpone the delivery time until the obstructive situation disappears.
If the BUYER cancels the flower order, the amount paid will be returned to him within 10 days.
6.7 In the event that the BUYER's payment obligation in this contract is not realized in any way, the SELLER may initiate enforcement proceedings, file a lawsuit for receivables and apply for other legal remedies in order to collect the uncollected product price together with the interest to be operated over the price of the product on the delivery day and the interest rates stipulated in the contract.
 

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