Online Auction Product Purchase Agreement
ONLINE AUCTION PRODUCT PURCHASE AGREEMENT
1. PARTIES
This Agreement (hereinafter referred to as the "Agreement") is hereby entered into by and between Lida Turizm Tic ve San Ltd. Şti residing at the address of Gold Park Plaza, Mollafenari Mahallesi Nuruosmaniye Caddesi No: 47 Kat: 5 Daire: 12, 34120 Fatih/ Istanbul and the member of https://www.lidamuzayede.com/web site residing at the address of ___ (member's details should be automatically downloaded).
2. DEFINITIONS
2.1. The Company: Lida Turizm Tic. Ve San.Ltd.Şti based at the address of Gold Park Plaza, Mollafenari Mahallesi Nuruosmaniye Caddesi No: 47 Kat: 5 Daire: 12, 34120 Fatih/ Istanbul is engaged in online auction organizations via its web site at https://www.lidamuzayede.com/ and shall be hereinafter referred to as the "Company
2.2. The Web Site: means the online web site where various services and contents are offered within the frame set and defined byhttps://www.lidamuzayede.com/.
2.3. Member: means the natural or legal person who signs up to the Web Site and makes use of the online services offered on the Web Site subject to terms and conditions hereof and who may bid in the auctions.
2.4. Buyer: means the Member who purchases goods offered for sales by making use of the Services provided at the Web Site.
3. SUBJECT MATTER AND SCOPE OF THE AGREEMENT
3.1. This Agreement is intended to define the auction services offered at the Web Site online and conditions and terms to make use of those services and the sales of the goods to be put up to auction and delivery terms as well as the respective rights and obligations of the Parties in relation thereto.
3.2. The scope of this Agreement covers all warnings, statements as well as explanations made by the Company in relation to the use, membership and auctions, products and services as set out at the Web Site and this Agreement and annexes hereto. The Buyer shall have accepted all statements made by the Company in connection with the use, membership and services as set out at the Web Site upon the acceptance of the provisions hereof. The Buyer agrees, represents and undertakes that he shall fully comply with all requirements set out in the said statements.
3.3. The services to be offered at the https://www.lidamuzayede.com/internet web site shall consist of electronic commerce services that are generally defined in the Consumer law.
3.4. https://www.lidamuzayede.com/ web site: Services to be offered at the Web Site shall include, but not be limited to, the defect-free delivery by the cargo company of products offered for sales at https://www.lidamuzayede.com/ by way of an auction to the Buyer within the committed time period after the payment of its price equal to the highest bid made by a Member, provided that the obligation to deliver such Product may be duly performed.
3.5. https://www.lidamuzayede.com/ shall be fully free to define the scope and nature of the services to be offered over the web site, and changes to the services shall be deemed to become effective when they are posted on the Web Site. In the case of an amendment to this Agreement in connection with the Services and/ or whenever required pursuant to the applicable legislation and/ or this Agreement, or at its sole discretion it reserves its right to post an information notice at the Web Site and to change the Agreement subject to the approval from the Member upon the latter's first log-in in his Web Site account.
3.6. As the auction takes place in line with Article 274 of the Turkish Code of Obligations and its ensuing articles, this Agreement may not qualify as a distance sales agreement as defined in Article 48 of the Consumer Act.
4. CONTRACT PRODUCTS AND DETAILS
4.1. Product Specifications
Product Type/ Model: …………..
Quantity of Products: …
The price bid by the Buyer: …………….. TRY/€/$
Cargo Fee
0,00 TRY
TOTAL
…………….. TRY/€/$ (The Member's shopping details should be automatically downloaded)
4.2. Payment and Delivery:
Payment Terms and Scheme: Bank Transfer/ Credit Card/ Cash payment to the Company (The Member's shopping details should be automatically downloaded)
Delivery Address :
Recipient of the Delivery:
Invoice address :
4.2.1. The Buyer shall make payment either in cash and in advance or by means of money remit/ EFT to such bank accounts to be provided by the Company or cash on delivery or by means of credit/ debit card.
4.2.2. The Company shall deliver the goods to the Delivery Address via Loomis, Brinks or other similar service providers offering armoured vehicle services at the latest within 30 (thirty) days following the conclusion of the auction. Even if the Buyer or the Recipient cannot be reached at the delivery address, the Company shall be deemed to have fulfilled its obligation in full and complete form. For this reason, the Buyer shall bear all losses arising from the late receipt of the product as well as expenses arising from the fact that the product has been kept waiting at the cargo company premises and/ or from the return of the cargo to the Company. If the Buyer chooses the Company's showroom as the Delivery Address, the Buyer shall inform the Company about the delivery date and time, and the Company shall keep the product ready in the showroom on such date and at such time to be determined for delivery to the Recipient. The Buyer or such Recipient designated by the Buyer to the Company in advance for the receipt of the products should visit the showroom and accept the physical delivery of goods in accompaniment of documents and information verifying his identity.
4.2.3. If products cannot be delivered to the Recipient and in such manner committed by the Company or within such designated term due to the Buyer’s negligence and/ or fault, no liability may be attributable to the Company on account of the allegation that the delivery has not taken place in agreed conditions, and the Buyer may not claim any sum from the Company for losses, damages, compensation or other sums under any name whatsoever.
4.2.4. Cargo fee which represents the costs for the delivery of products shall not be included in the bid price offered by the Buyer. The Buyer shall further pay the cargo fee together with the product cost.
4.2.5. In the event that the product subject to auction is lost between the auction and the delivery date, or the delivery of the product becomes impossible, the Company shall give notice to the Buyer within 3 (three) business days following the date on which it becomes aware of it, and shall refund the total price paid by the Buyer, including the cargo fee, within 10 (ten) business days.
4.2.6. Where the Buyer participates in the auction and makes payment by means of a credit card, but the Buyer's credit card is unlawfully used by unauthorized third parties, or the relevant bank or finance institution fails to pay the product price to the Company on account of a lost or stolen card, the Buyer is under the obligation to make the payment to the Company within 3 (three) business days by means of another credit card or money remit/ EFT or return the product within 3 (three) business days again if the product has been already delivered. Where the product is returned by the Buyer, cargo expenses shall be at the expense of the Buyer. Where the Product has not been delivered yet, the Company has the right to keep it in its possession until the actual payment by the Buyer. In such a circumstance, the Buyer may not argue that the product has not been delivered on a timely basis and that the Agreement has been breached.
4.2.7. If the product price is not paid for any reason whatsoever or the bank payment is cancelled following the approval of the Auction Information Sheet, which forms an integral part hereof, and the execution of this Agreement, the Company shall refrain to deliver the product until the Buyer makes the payment and duly informs the Company.
4.2.8. Where the Company fails to deliver the Contract product on a timely basis due to force major events, any adverse weather conditions, transportation shortages or any other extraordinary circumstance that prevents the delivery, it shall duly inform the Buyer. Thereupon the Buyer may exercise either of the following rights,
(i) To cancel the sales that have been accomplished via auction, or
(ii) To postpone the delivery time until such time when the force major event/ obstruction is no longer applicable. Where the Buyer exercises his right to cancel, the total sum paid by him shall be refunded to him in cash and in a lump sum within 10 business days. In the case of credit card payments by the Buyer, the product price shall be refunded to the relevant bank within 3 business days following the cancellation the Buyer of the order. As the procedure to credit this sum to the Buyer accounts following the refund of this sum to the bank concerns the bank's formalities, the Buyer understands and agrees that it shall not be possible for the Company to intervene with any possible delay in any manner and that the Company shall not be responsible for the time that it shall take for the Bank to credit the sum refunded to the credit card with the Buyer account.
4.3. Invoice Details
Name/Surname/Trade Name
Tax Office / Number
Invoice Address:
The invoice shall be delivered in conjunction with the product.
5. RIGHT OF WITHDRAWAL
5.1. The Buyer has the right to withdraw from the Agreement by rejecting/ returning goods within 14 (fourteen) days following the delivery of the Product to the Recipient or the Delivery Address or the date on which the Product is picked up from the showroom without any legal liability and the need to show any reason under the Consumer Protection Law.
5.2. The good should be returned to the Company's address set out herein within 7 (seven) days following the date on which the withdrawal notice is received by the Company. In the event that the specific delivery of the Product to the Company is not possible, the Buyer shall notify the Company within 7 (seven) days as well that it shall return the product to the Company by means of the cargo. In circumstances where the return shall be made via a cargo company, the Buyer agrees. Represents and undertakes that the product return shall be carried out by Loomi, Brinks, or other similar service providers offering transportation in armoured vehicles because of the good's value. The Buyer agrees, represents and undertakes that he shall be responsible for lost, damaged or totally lost goods in the event that goods are not returned in armoured vehicles, and are returned by means of an ordinary cargo company and that it shall indemnify the Company against all negative and positive losses that the Company may sustain in this respect. All cargo expenses for the return shall be paid by the Buyer.
5.3. In order to exercise the right of withdrawal, the exercise of such right shall be notified to the Company's address in writing within that term or e-mailed to its e-mail address (info@lidadiamond.com) or by means of a form to be completed over the Web Site.
5.4. While exercising its withdrawal right:
a) the Buyer shall return the invoice of the product delivered to the Buyer or the Recipient (where the Buyer Member is a Corporate User and the Buyer wishes to return the product except for consumer rights, he is required to send the product together with the return invoice to be issued at the time of the return. Moreover, in such circumstances, the Buyer may not make use of consumer rights and as well as such provisions set out herein and the applicable law for granting special rights and means to consumers.
b) All ancillary products that shall be returned in the complete and undamaged form together with their boxes, packages and, if any, standard accessories shall be sent to the Company within 7 days following the notice to exercise the withdrawal right.
5.5. Under the withdrawal right, the Company shall check if the product is fit for return, and shall give notice within 7 (seven) business days from the date on which the product is returned to it to inform if the return has been approved or not. The Buyer agrees, represents, and undertakes in advance that he shall not exercise his withdrawal right subject to the terms and conditions below and that the return shall not be approved:
- In the case of products delivered in boxes and holograms, it is possible to return products only if their hologram is intact. In the case of the damaged hologram, the Company shall not approve the return request.
- For jewels without any hologram, all these products, including, particular, earrings and similar ones may be returned on the condition that their labels shall not have been removed and used due to hygiene rules. In the event that labels are removed and products are used, the Company shall not approve the return request.
- The Buyer shall not be liable for changes or damages that may arise in the event that he fails to use goods in line with its functions, technical specifications and instructions of use within the withdrawal time, meaning that the deformation of the product due to the user fault, or precious gems and materials in the product are scratched, drawn, broken or the product loses value, the Company shall not approve the return request.
5.6. In the event that the return is approved, and there is no damage to the product, the Company shall fulfil necessary obligations to refund the product price to the Buyer's bank account or credit account within 10 (ten) business days that will start to count from the approval of the return.
5.7. In connection with goods whose return has not been approved and which have been deformed due to the user's fault, the Company agrees to provide the necessary support for maintenance and repair works upon the Buyer's request and in return for the payment of the applicable fee.
6. GENERAL PROVISIONS
6.1. The Buyer represents that he has read and has become familiar with the basic characteristics of the product, the auction opening price, payment terms, delivery details and other preliminary data on the Web Site before he participates in the auction and makes a bid; that he has given his confirmation in these matters electronically.
6.2. The Buyer electronically confirms the preliminary information sheet, which becomes an integral part of this Agreement, and this way, he shall have confirmed the address, basic characteristics of the product subject to the auction, the product price and payment and delivery details in full and complete form before he enters into the contract.
6.3. The Company offers a six-month warranty for the product. Where the product becomes deformed, or precious gems and materials in the product are scratched or broken for reasons other than the user's fault, the Company accepts to provide the necessary support for free maintenance and repair works upon the Buyer's request.
6.4. The Company shall be liable to deliver the contractual product in good and complete condition together with such warranty certificates meeting the characteristics referred to in the order as well as user manuals (if any).
7. FORCE MAJOR EVENTS
In the case of an unusual circumstance that may be described as a force major event, the Company shall not be under any liability, including compensation, in particular, on account of the failure to perform the Terms of Use and Membership Agreement late or duly.
9. APPLICABLE LAW AND JURISDICTION
9.1. The validity, performance and governance of this Agreement shall be subject to Turkish law and Istanbul Central Courts and Execution Offices shall have jurisdiction over the settlement of any dispute that may arise from this Agreement.
9.2. Where the order is electronically approved, Buyer and/ or Member shall be deemed to have accepted all provisions hereof. In the case of a dispute between the Parties and/ or in connection with complaints of third parties, the Company's records and documents, and e-mail correspondence, as well as system records available online (including records on magnetic media such as computer and sound records), shall constitute conclusive evidence in the sense set out in Article 193 of the Code of Civil Procedures.
11. GENERAL PROVISIONS AND EFFECTIVENESS
11.1 The most current e-mail address that the Buyer provides or will provide to the Company shall be considered a legal notification address for all kinds of notices to be served in connection with the present Agreement.
11.2. The Parties agree that they shall keep their contact details (telephone, e-mail address, address) as updated and current; that either Party shall notify any change to their existing e-mail address to the other Party within 3 (three) days; that unless such notice of a change is provided, notices to be served on the former e-mail addresses shall be valid and deemed to have been served on them.
11.3. All kinds of notices to the Member's registered e-mail address shall be deemed to have been received by the Member 1 (one) day after the Company sends the e-mail.
11.4. The Agreement has become effective upon mutual acceptance following the electronic approval by the Buyer during the payment by the Buyer as a result of the auction.
The Buyer agrees, represents and undertakes that he has read, understood and accepts all articles set out herein and that the information provided by it is true and correct.
