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 within 14 (fourteen) days 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.
In determining the period of the right of withdrawal;
the day when the buyer/consumer or the third party determined by the buyer/consumer receives the final goods, for the goods that are the subject of a single order and delivered separately,
for goods consisting of more than one piece, the day the buyer/consumer or the third party determined by the buyer/consumer receives the last piece,
In contracts where the goods are delivered regularly for a certain period of time, the day on which the buyer/consumer or the third party determined by the buyer/consumer receives the first goods is taken as a basis.
5.2. Buyer’s/consumer’s right of withdrawal;
Goods prepared in line with the Buyer’s/Consumer’s requests or personal needs,
the delivery of perishable or expired goods,
from the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; to the delivery of those whose return is not suitable in terms of health and hygiene,
Goods that are mixed with other products after delivery and cannot be separated due to their nature,
If the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods, the books, digital content and computer consumables presented in the material environment,
Delivery of periodicals such as newspapers and magazines, other than those provided under the subscription agreement,
to evaluate the leisure time for accommodation, transportation of goods, car rental, food and beverage supply and entertainment or rest, which must be done on a certain date or period,
services performed instantly in electronic environment or intangible goods delivered instantly to the consumer,
Before the expiry of the right of withdrawal, the services started with the approval of the consumer, and
It does not apply to contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
5.3. In the event that the buyer/consumer exercises his right of withdrawal, the seller or the supplier shall send the total price received within 14 (fourteen) days at the latest from the date of receipt of the withdrawal notification, and any valuable papers and similar documents that put the consumer in debt, without incurring any expense to the consumer. liable to return it.
5.4. If the buyer/consumer uses the goods in accordance with its operation, technical specifications and usage instructions, it will not be responsible for any changes and deteriorations that occur.
5.5. If the buyer/consumer uses the right of withdrawal and sends the goods back through the carrier specified by the seller for the return in the preliminary notification, he/she will not be held responsible for paying the costs related to the return. If the seller does not specify any carrier for the return in the preliminary notification, no charge can be claimed from the consumer for the return cost. In the event that the carrier specified in the preliminary notification for the return does not have a branch in the consumer’s location, the seller is obliged to ensure that the goods to be returned are received from the consumer without demanding any additional costs.
5.6. Unless the buyer/consumer makes an offer that the seller will take back the goods himself, the consumer is obliged to send the goods back to the seller within 10 (ten) days from the date of the notification regarding the use of his right of withdrawal.
5.7 As stated in subparagraph a of paragraph 1 of Article 15 of the Regulation on Distance Contracts, consumers do not have the right of withdrawal for products specially prepared for the person.
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. The product subject to the contract is delivered to the buyer or the person/organization at the address indicated in the preliminary information, depending on the distance of the buyer’s place of residence for each product, provided that it does not exceed the legal 30 (thirty) days. If the seller violates this obligation, the consumer may terminate this contract. In case of termination of the contract, the seller or the supplier shall reimburse all collected payments, including delivery costs, if any, to the consumer within 14 (fourteen) days from the date of receipt of the notice of termination, together with the legal interest determined in accordance with the relevant legislation, and to pay all debts, if any, to the consumer. valuable papers and similar documents must be returned.
6.3. 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.
6.4. 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.
6.5. 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.
6.6. 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.
6.7. 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.
6.8. 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.
6.9. 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.
6.10. 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.