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Sales Agreement

1) Subject and Scope of the Agreement

This Distance Sales Agreement (“Agreement”) has been drawn up in accordance with Consumer Protection Law No. 6502 and the Distance Contracts Regulation.

The parties to this Agreement accept and declare that they know and understand their obligations and responsibilities arising under Consumer Protection Law No. 6502 and the Distance Contracts Regulation.

2) The subject of this Agreement is the determination of the rights and obligations of the parties, in accordance with Consumer Protection Law No. 6502 and the Distance Contracts Regulation, regarding the sale and delivery of the Goods/Services with the characteristics specified in the agreement, ordered electronically by the Customer (BUYER) from the website [www.lyssahome.com] (“Site”) owned by Downa Tekstil San. ve Tic. Ltd. Şti. (“Downa”).

3) The product subject to this agreement is as described on the order page, including its features, characteristics and sale price.

Delivery Terms: The product ordered by the BUYER will be handed over to the courier within 5 (five) business days at the latest after the BUYER approves the agreement and makes the payment. All responsibility rests with the SELLER until the product is delivered.

Products are delivered within Türkiye only; orders from abroad will not be delivered.

4) Delivery of the Product and Method of Delivery

The Agreement comes into force when approved electronically by the BUYER, and is fulfilled when the Goods/Services purchased by the BUYER from the SELLER are delivered to the BUYER. The Goods/Services will be delivered to the address and the authorised person(s) specified by the BUYER in the order form and in this Agreement.

5) Delivery Costs and Performance

Shipping costs are covered by the SELLER for orders of 2,000 TL or more, and by the BUYER for orders under 2,000 TL. Shipping costs are not included in the product price. The “shipping fee” charged on orders under 2,000 TL is not refunded when an order is cancelled or a product is returned. Delivery will be made by hand to the BUYER’s address stated above through our contracted courier company. Even if the BUYER is not at the address at the time of delivery, our Company will be deemed to have fulfilled its obligation fully and completely. The SELLER is therefore not responsible for any damages or costs arising from the BUYER receiving the product late and/or not receiving it at all. The SELLER is responsible for delivering the product sound, complete, in accordance with the characteristics stated in the order and, where applicable, with its warranty documents and user manuals.

Products are delivered within the committed time after payment, provided the SELLER has stock available. Except where fulfilment of the ordered Goods/Services becomes impossible, the SELLER hands the Goods/Services over to the courier within 5 (five) business days of the BUYER ordering the Goods/Services, approving the agreement and making the required payment. If, for any reason, the payment is cancelled in the bank’s records, the SELLER is deemed released from its obligation to deliver the Goods/Services.

6) Declarations and Undertakings of the Buyer

The BUYER declares that they have read and understood the preliminary information provided by the SELLER on the Site regarding the essential characteristics, sale price and payment method of the Goods/Services subject to the Agreement, as well as delivery and shipping costs, and that they have given the necessary confirmation electronically. As a Consumer, the BUYER may submit requests and complaints to the SELLER contact details above and/or through the channels provided by the Site. By confirming this Agreement and the related forms electronically, the Buyer confirms that they have correctly and fully obtained the information that the SELLER must provide to the BUYER before entering into distance contracts: the address, the essential characteristics of the ordered Goods/Services, the price of the Goods/Services including taxes, and payment, delivery and delivery cost information. If the BUYER accepts from the courier damaged or defective Goods/Services, such as destroyed, broken or with torn packaging, without inspecting them before acceptance, all responsibility lies with the BUYER. Goods/Services received by the BUYER from the courier against signature will be deemed undamaged and sound. After delivery, responsibility for the Goods/Services and any damage lies with the BUYER. If the BUYER finds that the package and the product inside are damaged when receiving the Product from the courier, they should refuse the shipment and have the courier draw up a report. The BUYER should also immediately inform the SELLER by email and send the report to the SELLER. In this case, the SELLER will resolve the issue and get back to the BUYER as soon as possible.

7) Declarations and Undertakings of the Seller

The SELLER is responsible for delivering the Goods/Services subject to the Agreement to the BUYER in accordance with Consumer Legislation, sound, complete, in accordance with the characteristics stated in the order and, where applicable, with warranty documents and user manuals. If the SELLER cannot deliver the product within the period due to force majeure or extraordinary circumstances such as adverse weather or disruption of transport that prevent shipping, it is obliged to notify the BUYER. In this case, the BUYER may choose to cancel the order, have the product replaced with an equivalent if available, and/or postpone the delivery until the obstacle is removed. If the BUYER cancels the order, the amount paid will be refunded by the SELLER to the BUYER’s bank. The time it takes for the refund to appear in the BUYER’s account is determined by the bank, and the SELLER has no control over this. For instalment purchases, the refund is also made in instalments.

If the Goods/Services subject to the Agreement are to be delivered to a person other than the BUYER, the SELLER cannot be held responsible if that person refuses delivery.

8) Right of Withdrawal

The BUYER may return the Goods/Services purchased by exercising the right of withdrawal within 14 (fourteen) days of the delivery date, without any legal or criminal liability and without giving any reason. When exercising the right of withdrawal, the product must be sent to the SELLER within 14 days. Otherwise, the return shipping cost for the withdrawal will be charged to the BUYER.

Notice of withdrawal and any other notices relating to the Agreement will be sent to the SELLER through the contact channels stated on the Site. To exercise the right of withdrawal, the SELLER must be notified within the period, in accordance with the legislation and the withdrawal option on the Site. If the right of withdrawal is exercised:

a) The BUYER sends the Product back to the SELLER within 5 (five) days of receiving approval of their written withdrawal statement.

b) The Product box, packaging, any standard accessories and any other items given free with the Product must be returned complete and undamaged when returning under the right of withdrawal. Once the product returned by the BUYER with the SELLER’s approval reaches the SELLER, the price of the goods/services will be refunded by the SELLER to the BUYER’s bank. The time it takes for the refund to appear in the BUYER’s account is determined by the bank, and the SELLER has no control over this. For instalment purchases, the refund is also made in instalments.

As long as the BUYER sends the Product back to the Seller with the SELLER’s contracted courier company specified in the agreement, the return shipping cost is borne by the SELLER. If the BUYER sends the Product with a courier company other than the SELLER’s contracted courier company, the SELLER is not responsible for the return shipping cost or for any damage to the Product during shipping. If the right of withdrawal is exercised after the order has been confirmed but before the Product is delivered, the BUYER will be responsible for the return shipping cost.

9) Cases in Which the Right of Withdrawal Cannot Be Exercised

The right of withdrawal cannot be exercised in the following cases: a) contracts for goods or services whose price changes depending on fluctuations in financial markets and is outside the seller’s control (products in the jewellery, gold and silver categories); b) contracts for the delivery of goods prepared in line with the consumer’s wishes or clearly personal needs, which by their nature are not suitable for return, are liable to deteriorate quickly or may pass their expiry date; c) contracts for the delivery of goods whose protective elements such as packaging, tape, seal or package have been opened after delivery and whose return is not appropriate for health and hygiene reasons; d) contracts for goods that, after delivery, are mixed with other products and by their nature cannot be separated; e) contracts for books, audio or video recordings, software programs and computer consumables supplied in a tangible medium, provided that their protective elements such as packaging, tape, seal or package have been opened by the consumer; f) contracts for the delivery of periodicals such as newspapers and magazines, other than those supplied under a subscription agreement; g) contracts for accommodation, removal of goods, car rental, food and beverage supply and leisure activities for entertainment or relaxation that must be carried out on a specific date or within a specific period; h) contracts for services relating to betting and lotteries; ı) contracts for services whose performance has begun with the consumer’s approval before the end of the withdrawal period; i) contracts for services performed instantly in electronic form and intangible goods delivered instantly to the consumer. In addition, if the Goods/Services subject to the agreement consist of types of Goods/Services excluded from the scope of the Distance Contracts Regulation (food, beverages or other everyday consumables delivered to the buyer’s home through the seller’s regular deliveries, and services in areas such as travel, accommodation, catering and entertainment), the right of withdrawal cannot be exercised because the provisions of the Distance Contracts Regulation do not apply to the legal relationship between the Buyer and the Seller. The cancellation and return conditions for such Goods/Services offered in the holiday category are subject to the Seller’s practices and rules.

10) Dispute Resolution

In the application of this Distance Sales Agreement, up to the value announced by the Ministry of Industry and Trade, the Consumer Arbitration Committees in the place where the Buyer purchased the Goods or Services and where they reside, and the Consumer Courts in the place where the seller’s head office is located, have jurisdiction. District/provincial consumer arbitration committees have jurisdiction over consumer claims within the lower and upper limits set out in Article 68(1) of Consumer Protection Law No. 6502.

11) Price of the Product / Service

The cash or deferred sale price of the product is the price shown on the order form, as well as in the confirmation email sent after the order and on the invoice sent to the customer with the product.

Where payment is made by credit card or similar payment methods, if the card is used unlawfully by another person, action will be taken in accordance with Bank Cards and Credit Cards Law No. 5464 dated 23/2/2006 and the Regulation on Bank Cards and Credit Cards published in Official Gazette No. 26458 dated 10/3/2007.

12) Notices and Evidence Agreement

All correspondence between the Parties under this Agreement will be made by email, except in mandatory cases listed in the legislation. The BUYER accepts, declares and undertakes that, in disputes that may arise from this Agreement, the SELLER’s official books and commercial records, and the electronic information and computer records kept in its own database and servers, will constitute binding, conclusive and exclusive evidence, and that this article is an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.

13) General Provisions

The BUYER accepts, declares and undertakes that they have read the essential characteristics of the product subject to the agreement and the information on preparing and delivering the product on www.lyssahome.com, that they are informed about the sale price and payment method, and that they have given the necessary approval electronically. The BUYER irrevocably accepts, declares and undertakes that they have read and approved the information sent to them electronically before this agreement.

The BUYER can pay on the SELLER’s website only by credit card (Mastercard, Visa, etc.) through certain applications. Orders are processed not at the moment the order is placed, but when the payment from the credit card account reaches the SELLER’s account fully and completely. For products produced in limited numbers, the time of payment is taken into account, and priority is given to the user who completes payment first.

Under Law No. 6563 and the Regulation on Commercial Communication and Commercial Electronic Messages, commercial electronic messages for marketing and promotional purposes may be sent to you via the email address, telephone and/or mobile phone you provided when becoming a member of the SELLER. The BUYER has the right to opt out of these messages free of charge at any time and stop receiving marketing and information messages.

Your personal data registered in the system under this agreement will not be shared with third parties in any way without your consent, except in cases of legal obligation and/or requests from legal authorities and/or legal proceedings initiated by the Seller. The site keeps users’ IP log records, when necessary, within the periods specified by law in order to identify problems that may occur on the website and to promptly resolve technical issues, irregular purchases and/or other problems. Apart from this, if requested by legal authorities, data relating to users and the services and/or goods subject to the agreement are shared with the relevant institutions and/or organisations.