DISTANCE SALES AGREEMENT
Article 1 – Parties
Trade name: angelsflowersnyc.com (Angel’s Flowers NYC), (hereinafter referred to as “the seller”)
Name and surname: ………………………………………….(hereinafter referred to as “the recipient”)
Article 2 – Subject
The subject of this contract is the sale and delivery of the product, whose qualities and sales price are stated below, which the buyer has ordered electronically from the seller’s website www.angelsflowersnyc.com, in accordance with the provisions of the Law on the protection of consumers and the provisions of the distance contracts regulation. determination of their rights and obligations.
Article 3 – Establishment of the Convention
The buyer accepts that he has read and understood the contract and is aware of his rights and obligations. The buyer agrees with his own free will that he is fully convinced that the transactions within the scope of the contract are in his own interest.
The seller and the buyer accept that the provisions of the contract do not have a feature that can be considered unfair and there is no injustice in terms of the balance of interests.
Article 4 – The product subject to the contract
date of contract:
product delivery date/time range:
type of goods/products/services:
Name of the product:
How to pay the order price:
method of delivery:
amount of delivery costs:
Article 5 – Right of withdrawal
In accordance with the relevant provisions of the Law on Consumer Protection and the Regulation on Distance Contracts;
5.1. buyer/consumer; has the right to withdraw from the contract without giving any reason and paying any penalty from the date of receipt of the goods, before the day of delivery, in distance contracts for the sale of goods. However, the buyer/consumer may use the right of withdrawal within the period from the conclusion of this contract to the delivery of the goods. It is sufficient that the notification regarding the exercise of the right of withdrawal is addressed to the seller or provider in writing or with a permanent data storage device within this period.
Article 6 – General provisions
6.1. The buyer declares that he has read and learned all the preliminary information regarding the basic characteristics, sales price and payment method and delivery of the product subject to the contract specified in article 4 and gives the necessary confirmation in electronic environment.
6.2. If the product subject to the contract is to be delivered to a person/organization other than the buyer, the seller cannot be held responsible if the person/organization to be delivered does not accept the delivery.
6.3. The seller is responsible for the delivery of the contracted product in a sound, complete and in accordance with the qualifications specified in the order. Provided that it is based on a just cause, the seller may supply the buyer with goods or services of equal quality and price before the contractual performance obligation expires.
6.4. For the delivery of the product subject to the contract, this contract must be confirmed electronically and the price of the contractual order 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 relieved of the obligation to deliver the product.
6.5. In cases where the fulfillment of the goods or services subject to the order becomes impossible, the seller is obliged to notify the buyer of the situation in writing or with a permanent data store within 3 days from the date of learning about the situation. In this case, the seller returns all collected payments, including delivery costs, to the buyer within 14 (fourteen) days at the latest from the notification date.
6.6. The seller is responsible for the loss and damage that occurs until the goods are delivered to the buyer or a third party to be determined by the buyer other than the carrier.
6.7. In the event that the buyer requests the goods to be sent with a carrier other than the carrier determined by the seller, the seller is not responsible for any loss or damage that may occur after the delivery of the goods to the relevant carrier.
6.8. The service offered by the Seller is for the consumer within the scope of retail sale; The seller reserves the right to cancel the order and not deliver the products, even if this contract has been concluded, in case the buyer suspects that there is a resale purpose.
6.9. If the seller cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, he is obliged to notify the buyer of the situation. In this case, the buyer may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. In case the Buyer cancels the order, the amount paid is paid to him in cash and in full within 14 (fourteen) days.
Article 7 – Competent court
7.1. Seller records (including records in magnetic media such as computer-sound recordings) constitute conclusive evidence in the resolution of any dispute that may arise from this contract and/or its implementation. The parties agreed that the consumer courts of the buyer and the seller will be authorized in cases where the consumer arbitration committees in the place of residence of the buyer and the seller, within the monetary limits determined within the framework of the legislation, exceed the disputes arising from the implementation and interpretation of the contract.