Preliminary Information Sheet

Preliminary Information

This Information Sheet defines respective rights and obligations of the relevant parties in connection with the sales and delivery of products marketed by 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 by means of an auction held over the web site https://www.lidamuzayede.com/

We would like to state at this point that where the auction buyer Member is a Corporate User and the Buyer wishes to return products excluding consumer rights, the product should be sent in accompaniment of a return invoice to be issued at the time of returning. Moreover in such circumstances, the Buyer may not make use of consumer rights as well as such provisions set out herein and the applicable law for granting special rights and means to consumers.

All information herein provided to the Buyer in connection with the good that is put up for auction shall be valid and applicable until the execution of the Online Auction Product Purchase Agreement following the approval of the Preliminary Information Sheet or until the publication of any changes to the product details at the product's web site prior to such execution, and the Seller shall be only bound by the most current information published at https://www.lidamuzayede.com/, and this is to notify that it shall no longer be bound by the information set out herein as of the change date.

Seller's Details

Seller : Lida Turizm Tic. Ve San.Ltd.Şti.

Nuruosmaniye Caddesi No: 47 Kat: 5 Daire: 12 Fatih/İstanbul

Phone : 0212 512 91 10

E-mail : info@lidadiamond.com

Product return address : Nuruosmaniye Caddesi No: 47 Kat: 5 Daire: 12 Fatih/Istanbul

Buyer's Details

Name/Surname/ Trade Name:

Address :

Phone :

E-mail Address :

Contract Products and Details:

Product Description:

Product Type/ Model : …………..

Number of Products : …

Bid submitted by the Buyer: …………….. TRY/€/$

Cargo Fee :

TOTAL :…………….. TRY/€/$ (The Member's shopping details should be automatically downloaded)

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 :

Invoice details

Name/ Surname/ Trade Name :

Tax Office/Number

Invoice Address :

Information about the Payment

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.
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 her/his identity.
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.
The 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.
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.
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.
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.
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 her/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 by 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.

Information about the right of withdrawal

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.
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.
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.
While exercising its withdrawal right:

a) s/he 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.

Under the withdrawal right, the Company shall check if the product is fit for return, and shall give a 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 a 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. 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.

6. In case the return is approved, and there is no damage to the product, the Company will fulfil the necessary obligations to return the product price to the Buyer's bank account or credit card account within 10 (ten) business days starting from the approval of the return.

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 in return for the fee upon the Buyer's request.
In addition to the arrangements above, the Buyer may not exercise the right of withdrawal for the following goods or services under the Consumer Protection Law.

a) Goods that are manufactured in a manner customized to the consumer's special requests or in line with his personal needs or by means of changes or additions to those products

b) Those goods that may quickly perish or may have expired their best-before date;

c) In the case of goods that are unpacked or whose tapes, seals, packs or other protective elements have been broken following the delivery, earrings or piercing like goods whose return is not suitable for return or hygiene.

d) Those goods which are mixed with other products after the delivery and which cannot be separated due to their nature.

e) Consumables such as products or stone certificate that are offered in the physical environment in the event that the protective elements of goods such as packages, tapes, seals, or packs are unpacked or opened following the delivery of goods;

f) Goods or services whose price varies based on volatilities in the financial markets and which are not under the control of the seller or the service provider;

g) Periodicals such as newspapers or magazines other than those ones provided under the subscription agreement;

h) Services for spending leisure time on a scheduled date or period, including accommodation, transportation of goods, rent of a car, supply of food and beverage, entertainment, or resting;

ı) Those goods which are mixed with other products after the delivery and which cannot be separated due to their nature.

i) Those services that are instantly provided electronically or intangible goods that are instantly delivered to consumers, or whose performance is started up upon the consumer approval prior to the expiry of the time for withdrawal time

General Information

This information sheet as well as Online Auction Product Purchase Agreement have been executed for commercial purposes.
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.
This Preliminary Information Sheet was issued by the Seller and has been submitted for the online approval of the Buyer on ...., the date of final bidding and the product purchase date.

The validity, performance and governance of the Online Auction Product Purchase 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 the Online Auction Product Purchase Agreement.

The Buyer unconditionally agrees and undertakes that he has read and understood this preliminary information available at the Seller's web site.