ARTICLE 1 - THE SUBJECT OF THE AGREEMENT AND THE PARTIES
1.1 This Contract, regulates rights, and obligations of the parties related to the purchase by BUYER, and delivery to the products and services to the address of the Buyer, whose detailed information is provided below, at the following website operated by the SELLER: www.kuwaitlighting.com, hereafter referred to as Lighting Factory Kuwait, pursuant to the provisions of the Law No 6502 on the Protection of the Consumers and Regulation on the Principles and the Implementation of the Distance Sale Agreements
1.2. BUYER accepts and declares that he or she is informed about the basic qualities of the goods or services subject to sale, sales price, form of payment, delivery conditions and all preliminary information about the goods or services subject to sale and the right to "withdraw" that he or she confirms this preliminary information electronically, and then orders goods or services In accordance with the provisions of this Contract. Pre-notification on the payment page in Lighting Factory Kuwait website and invoice are integral parts of this contract.
1.3. SELLER INFORMATION Title: Lighting Factory Kuwait /Lighting Factory Kuwait Company Address: Vatan Mah. Özgür sok. Lighting Factory Kuwait No:11 Bayrampaşa/İstanbul/TURKEY Phone: 0216 467 00 99 E-mail : email@example.com
1.4. BUYER'S INFORMATION The person to which product will be delivered: Delivery Address: Telephone: Fax: Email/Username:
ARTICLE 2 - DATE OF THE CONTRACT
2.1. This contract has been concluded by the parties on Model @ Date on which the order has been completed by the Buyer over Lighting Factory Kuwait. A copy of the contract has been sent to the BUYER's email address.
ARTICLE 3 - SUBJECT of CONTRACT : PRODUCTS & SERVICES
3.1. The details of the products and services that are ordered by the BUYER, sale prices including taxes and information related to the quantities are procided before payment. All of the products specified in the table before the payment are referred to as PRODUCT hereafter.
ARTICLE 4 - DELIVERY of the PRODUCTS
4.1. The product will be delivered to the delivery address or to the person/ organization specified by the Purchaser on the WEBSITE, together with the invoice, as packaged and in intact/undamaged condition within 7 days at the latest. This time may be extended in cases of necessity (FORCE MAJEURE).
4.2. If PRODUCT will be delivered to a third person/organization other than the buyer, the SELLER shall not be liable in cases where third person or organization does not accept to receive the product.
4.3. BUYER is responsible for checking the Product when he or she takes delivery of the product; If he or she detects a problem related to shipping, he should not accept the product and should have the representative of the shipping company compile a report. Otherwise, the SELLER will not accept any responsibility.
4.4. Product prices do not include shipping and customs expenses. All shipping and customs expenses belong to the buyer.
ARTICLE 5 - METHODS OF PAYMENT
5.1. The BUYER declares and undertakes that, due to the fact that all credit sales are made only with bank credit cards, he or she will confirm the relevant interest rates and the information on the default interest with the bank concerned; and that, the provisions related to interest and default interest will be applied within the scope of the credit card agreement between the Bank and the Buyer in accordance with the provisions of the legislation in force. Deferred payments or payments in installments, which provided by institutions that give credit and installment cards such as banks and other financial institutions are considered as credit or installed payment opportunities. Products sales, which are financed by this way, and for which the Seller collects the sales value fully, are not considered as sales with installed payments for Parties to this Agreement. These sales are considered as spot/outright sale. The Seller reserves its legal rights for cases that are considered as a sale by installments (including the right to terminate the contract and/or to request the payment of the remaining debt together with default interest in the event that any of the installments is not paid). In case of the BUYER's default, a monthly default interest of 5% shall be applied.
ARTICLE 6 - GENERAL PROVISIONS
6.1. The BUYER accepts that s/he has read the preliminary information on the WEBSITE and had knowledge on basic characteristics of the goods/services sold, sales prices, the method of payment and delivery, and that s/he has given necessary confirmation for sales electronically.
6.2. The BUYER, by confirming this Agreement electronically, also confirms that, s/he has received accurately and completely all kind of information that should be given before the conclusion of the distant contracts to the Buyer by the Seller such as its address, basic features of the products ordered, price of products including tax, payment and delivery information
6.3. the SELLER is responsible for delivery of the product, which is subject of this Agreement, fully in intact/undamaged condition, with qualifications specified in the order.
6.4. The SELLER, within the time limits foreseen for fulfilment of the contractual obligation, can supply a different product of equal quality and price to the Buyer.
6.5. If the SELLER fails to fulfill the contractual obligations In cases where the fulfillment of the ordered product or service becomes impossible, it shall inform the consumer before the completion of the time period for the fulfillment of its obligations arising from the Contract and may supply the Buyer with a different product of equal quality and price.
6.6. For the delivery of the products, which are subject of this Contract, the signed copy of the contract must reach to the SELLER and the price must be paid in the form of payment preferred by the Buyer. If for any reason, the product is not paid for; or the payment is canceled in bank records, the SELLER shall be deemed to be free from the obligation to deliver the product.
6.7. In case the bank or financing institution, which owns the credit card over which transaction is made, does not make payment to the SELLER for any reason, all legal rights of the SELLER including the litigation for the receivable stemming from the sale of the product, are reserved.
6.8. If the product can not be delivered within 7 days due to extraordinary circumstances (weather conditions, earthquake, flood, fire etc.) and the delay of delivery is more than 7 days, the SELLER shall inform the Buyer about the delivery. In this case, the BUYER can cancel the order, s/he can order or a similar product or wait until the end of the emergency situation. In such cases of order cancellation, if the payment is made, the BUYER shall be refunded within 10 days from the date of cancellation. If payment is made with a credit card, the refund will also be made to the credit card of The BUYER.
6.9. In cases where the payment is made with a credit card or with a similar card, the BUYER may request the cancellation of the payment on the grounds that the card was used beyond his/her control. In this case, the card issuer shall refund the amount of payment to the BUYER within 10 days from the date when it is notified about the objection.
Article 7 - RIGHT of WITHDRAWAL
There is no right of withdrawal for the products, which are already ordered.
ARTICLE 8 - RIGHT OF RETURN
Since our products are perishable, it is not possible to return the products, which are purchased.
ARTICLE 9 - EVIDENCE AGREEMENT and COMPETENT COURT
9.1. In the resolution of any dispute that may arise in relation to this Contract or to its application, SELLER’s records (including records on magnetic media, such as computer sound recordings) provide definitive evidence; For resolution of such disputes up to a certain sales value declared by the Ministry of Customs and Trade, Consumer Arbitration Boards shall be authorized. In cases where this value is surpassed, Consumer Courts and Execution Offices in the places of residence of the Buyer and Seller shall be authorized.
9.2. The Buyer acknowledges, agrees and undertakes that s/he has read all conditions and explanations written in this Contract and has received, reviewed and accepted all the preliminary information and sales conditions in the order form, which constitutes an integral part of this Contract.
LIMITATION OF LIABILITY
The SELLER is not responsible for delays that may occur due to customs rules applicable in the country where the product is imported. THE SELLER, IN RELATION TO THE PRODUCT PURCHASED, DOES NOT GUARANTEE THAT THE PRODUCT IS SUITABLE FOR TRADE OR THAT IT IS APPROPRIATE FOR ITS PURPOSE OR IT WILL SATISFY YOUR NEEDS. THE SELLER DOES NOT PROVIDE ANY EXPRESS OR IMPLIED WARRANTY, OTHER THAN THE ONES WHICH ARE CLEARLY EXPRESSED HERE. IN ANY CASE, THE WHOLE THE LIABILITY OF THE SELLER UNDER THIS CONTRACT COULD NOT BE HIGHER THAN THE VALUES OF THE PAYMENT MADE TO ITSELF.