Sales Agreement

Preliminary Information

Article 1 Seller Information

Article 1.1 - Seller

Title: LİNDO EVCİL HAYVAN MALZ SAN VE DIŞ TİC. LTD. ŞTİ

Address: Emek Mah. Ordu Cad. No:8/A Sancaktepe / İstanbul / Türkiye

Telephone: +90216 784 78 78

Article 1.2 – Buyer

Address and Contact information of customer is based on the address and contact information that customer provides when signing up on www.lindodogs.com shopping site.

Article 2 Features of the purchased product

General information on the product or service can be found on https://www.lindodogs.com/. You can view the features of the product throughout the offer period.

The prices listed on the website are the sale prices. Prices that are announced are valid until the next update. Prices that are announced continually are valid until the stated date.

Article 3 General Statute:

3.1) The buyer, states that they have read the information of the products subject to the contract, the price, payment method, and shipment information; and gave the necessary digital approval on www.lindodogs.com. The buyer, by digitally approving this document, confirms that they have fully acquired from the seller the address, necessary information of the purchased product, its price including taxes, payment and shipment information.

3.2) The product subject to this contract should be delivered to the buyer/institution for each product in a given time provided on the website depending on the distance of the residance of the buyer, without exceeding the legal limit of 30 days.   

3.3) The seller is not responsible for any problem faced by the cargo company that may delay or cancel the shipment of the products to the buyer.

3.4) The seller is responsible for the delivery of the contracted product in a solid, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.

3.5) The seller may supply a different product of equal quality and price to the BUYER before the contractual performance obligation expires, provided that it is based on a justified reason.

3.6) In case it becomes impossible to honor the contract, the seller should inform the buyer within the legal time period, and return the payment to the buyer within 10 days.

3.7) In order for the shipment to take place, this contract should be digitally approved. If for any reason the payment is not made, or gets cancelled, the seller is released from their obligation to deliver the product.

3.8) If the purchase has been illegally made with the buyers credit card by a third person without the knowledge of the owner of the card, and the bank or the financial institution refuses to make the payment, the buyer should return the product within3 days to te seller, and assume the shipment cost.

3.9) In case of an unfortunate occurance unrelated to the seller, or any other act of god prevents the shipment to be made in time, the seller is responsible to inform the buyer. This way, the buyer may benefit from options provided with him that may offer cancelling the purchase, changing the product with a similar, or postponing the delivery until the inhibitive conditions disappear. If the buyer cancels the purchase, his payment must be returned to them  within 10 days. If the buyer has made the payment with credit card, the amount must be paid to the bank within 7 days after the cancellation. After the amount has been paid to the bank, the buyer cannot blame the seller or hold them responsible for any possible delay of the amount being returned to the buyers account; since the process after the payment has been made to the bank is entirely dependent on the bank, and not the seller. The buyer should consider that it may take up to 2-3 weeks for the amount retuned by the seller to be deposited to the buyer’s account.

Article 4 Right of Withdrawal

The buyer may use their right to withdraw within 14 days after the delivery from the contract or retrun the product without any legal liability (barring concert and other activity tickets). On contracts providing a service however, this process begins with the date of the signature. Right of withdrawal cannot be used on a service despite being still within the legal 14 days, if the service with the approval of the consumer has already been started to be performed. Additional costs caused by the right of withdrawal are within the seller’s responsibilities.

The decision of the use of the right of withdrawal must be informed to the seller within 14 days with a return registered by mail, fax or e-mail; and the products hould not have been used according to the terms in article 5. If the above mentioned right is used,

  1. The receipt of the product that is delivered to the buyer or a third person (If the returned product has a corporate invoice, the return invoice issued by the corporate should be included. Products whose invoice have been issued for corporate, cannot be returned without the same company’s return invoice.)
  2. Return form,
  3. The box, package, or the standard accessories of the returned product must be completely and without any damage returned.
  4. After being informed of the return of the product, the seller must within 10 days return the payment and the documents that oblige the buyer for payment to the buyer; and take the product within 20 days.
  5. In case the value of the product decreases due to amistake of the buyer, or the return becomes impossible; the buyer must compensate the estimated loss to the seller.
  6. If the whole purchase drops below the special offer price limit made by the seller, the discount thats provided by the offer is cancelled.
  7. The shipping cost of the product returned due to the right of withdrawal shall be borne by the SELLER for domestic orders and by the BUYER for overseas orders.
  8. The SELLER does not refund the shipping fee collected from the BUYER while selling the product.

Article 5 Products that cannot be subject to the right of withdrawal

Products that are prepared specifically according to the request or needs of the buyer, products that by their nature are not suited for a reshipment, products that can quickly decay or exceed their exparation date; and if unpacked by the buyer, audio and video recordings, software programs, and computer hardware cannot be returned according to the regulations.

The application of this contract is subject to the consumer laws and courts of the country of  residence of the buyer, up until a certain amount that is determined by the Ministry of Industry and Trade.  

The seller can make their complaints and objections to the consumer arbitration committee, or consumer court in the place where they made the purchase of the products or service within monetary limits that are annually determined every December by the T.C Ministry of Industry and Trade. The monetary limits are as below:

Valid as from 01.01.2012:

  1. The lower monetary limit for the consumer problems in the 5th and 6th paragraphs of the amended Article 22 of the Law No. 4077 on the Protection of the Consumer to be evidence in the upper or consumer courts that the decisions of the arbitration committees will be binding is 1,161.67 TL,
  2. The Consumer problems arbitration committee regulation number 25186 from 01.08.2003 published on the official newspaper states on article 5/3 that committees that operate in large cities are required to oversee conflicts that have a lower monetary limit of 3.032,65 TRY

This Preliminary Information is made for commercial purposes.

Sales Agreement

Article 1 – Sides

  • – Seller

Title: LİNDO EVCİL HAYVAN MALZ SAN VE DIŞ TİC. LTD. ŞTİ

Address: Emek Mah. Ordu Cad. No:8/A Sancaktepe / İstanbul / Türkiye

Telephone: +90216 784 78 78

E-mail Address: [email protected]

  • – Buyer

The person who is a member of www.lindodogs.com shopping website.

The address and contact information are the same used while registering on the website.

Article 2 – Subject

The subject of this contract is the Law No. 6502 on the Protection of Consumers and the Implementation Principles and Procedures of Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has ordered electronically from the SELLER's website www.lindodogs.com It is the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation.

Article 3 The Product Subject to this Contract

Consists of the type, quantity, brand/model, color, quantity, sales price, payment method, and information at the time of the end of the order of the Good/Product/Service.

Article 4 – General provisions

4.1 The BUYER is informed on the website of www.lindodogs.com that the basic features of the product subject to this contract, the sales price including all taxes and the payment method, as well as the delivery and its costs will be assumed by the BUYER. The buyer confirms that they have read and confirmed the delivery period and full commercial title, full address and contact information of the SELLER.

By digitally confirming this contract, the buyer confirms that they have received the address necessary to be given to the buyer by the Seller, along with the basic features of the ordered products, the price of the products including taxes, payment and delivery information correctly.

4.2 The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated in the preliminary information on the website, depending on the distance of the BUYER's residence for each product, provided that it does not exceed the legal 30-day period. Any shipping fee regarding the delivery shown in Article 3 will be assumed by the BUYER and will be reflected on the invoice for the order under the name of "Shipping Fee".

4.3 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.

4.4 The SELLER cannot be held responsible if the ordered product cannot be delivered to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER.

4.5 The SELLER is responsible for the delivery of the contracted product in a solid, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.

4.6 The seller may supply a different product of equal quality and price to the BUYER before the contractual performance obligation expires, provided that it is based on a justified reason.

4.7 If the seller fails to fulfill its contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, they shall notify the consumer of this situation before the contractual performance obligation expires and may supply the buyer with a different product of equal quality and price.

4.8 For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the seller and the price must be paid in the form of payment preferred by the buyer. If, for any reason, the product price is not paid or canceled in the bank records, the seller is relieved of their obligation to deliver the product.

4.9 The BUYER accepts and that the credit card information he has defined in the system during shopping is correct, and that he bears all legal and penal liability arising from the use of this credit card. After the delivery of the product, if the relevant bank or financial institution fails to pay the product price to the SELLER due to illegal use of the BUYER's credit card by unauthorized persons and not due to the BUYER's fault. It must be sent to the SELLER within 3 days, provided that the product has been delivered to the BUYER. In this case, the shipping costs belong to the BUYER. If the BUYER does not send the product back, in case the product price is not charged to the credit card for any reason or the product price is returned to the credit card, the product price will be transferred to the bank accounts of the SELLER without any warning.

4.10 In case of an unfortunate occurance unrelated to the seller, or any other act of god prevents the shipment to be made in time, the seller is responsible to inform the buyer. This way, the buyer may benefit from options provided with him that may offer cancelling the purchase, changing the product with a similar, or postponing the delivery until the inhibitive conditions disappear. If the buyer cancels the purchase, his payment must be returned to them  within 10 days

4.11 The points given to the customer by the SELLER through a special offer are only valid for one shopping. These points are non-refundable even if the product is returned.

If the buyer has made the payment with credit card, the amount must be paid to the bank within 7 days after the cancellation. After the amount has been paid to the bank, the buyer cannot blame the seller or hold them responsible for any possible delay of the amount being returned to the buyers account; since the process after the payment has been made to the bank is entirely dependent on the bank, and not the seller. The buyer should consider that it may take up to 2-3 weeks for the amount retuned by the seller to be deposited to the buyer’s account.

Article 5 – Right of Withdrawal

The buyer has the right to withdraw without having to show any reason within 14 days from the delivery of the product to themselves or the person / organization at the address indicated. that is subject to the contract.

However, special promotional products that are specially prepared for the BUYER cannot be returned; as well as products offered for sale and/or imported for certain days such as New Year's Eve, holidays, mother's day; The BUYER accepts these conditions and carries out his shopping.

In order to exercise the right of withdrawal, the SELLER must be notified by fax or e-mail within 14 days and the product must not be used in accordance with the provisions of    Article 6. If this right is exercised,

  1. The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning it. Returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued)
  2. Return form
  3. The products to be returned within 14 days must be delivered complete and undamaged, together with the box, packaging and standard accessories, if there are any. The product price is returned to the BUYER within 10 days following the receipt of these documents arriving to the SELLER.

The shipping cost of the product returned due to the right of withdrawal shall be assumed by the SELLER for domestic orders and by the BUYER for overseas orders. The SELLER does not refund the shipping fee collected from the BUYER while selling the product.

When returning the product to the SELLER, the original invoice submitted to the BUYER during the delivery of the product must also be returned (in order to ensure consistency in our accounting records). If the original invoice is not returned with the product, or within 5 days after the product is returned, the return process will not be carried out. The product will be sent back to the BUYER. On the invoice to be returned with the product, the phrase "return invoice" will be written and signed by the BUYER.

Article 6 – Products that cannot be returned

By their nature; Returns are not accepted for disposable products, software and programs that can be copied, products that deteriorate rapidly or have a potential to expire.

Article 7 – Defaulting Debt

In case of default of the BUYER, the BUYER agrees to pay the loss and damage of the SELLER due to the delayed performance of the debt. In cases where the BUYER's default is caused by the SELLER's fault, the BUYER shall not be obliged to meet any claim for loss or damage.

Article 8 – Authorized Court

In the implementation of this Preliminary Information, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchases the goods or services and where the residence is located, are authorized up to the value announced by the Ministry of Industry and Trade.

The seller can make their complaints and objections to the consumer arbitration committee, or consumer court in the place where they made the purchase of the products or service within monetary limits that are annually determined every December by the T.C Ministry of Industry and Trade. The monetary limits are as below:

Valid as from 28.05.2014;

  1. Pursuant to Article 68 of the Consumer Protection Law No. 6502, district consumer arbitration committees in disputes with a value below two thousand Turkish Liras, provincial consumer arbitration committees in disputes under three thousand Turkish Liras, and between two thousand Turkish Liras and three thousand Turkish liras in metropolitan provinces. it is obligatory to apply to the provincial consumer arbitration committees for disputes between two thousand Turkish Liras and three thousand Turkish liras. No application can be made to consumer arbitration committees for disputes above these values.
  2. In case of disputes above the specified value, it is necessary to apply to the Consumer Court, and in places where there is no Consumer Court, it is necessary to apply to the Civil Courts of First Instance as a Consumer Court.

This preliminary information is made for commercial purposes.

Please Note: Before signing the cargo report, please check if your cargo package is damaged due to transportation. If there is any damage to your cargo package for any reason, please return your cargo to the cargo officer without signing any documents related to the delivery. Your new products will be sent by us immediately. lindodogs.com is not responsible for the damage or deficiency of the products in the case of receiving the products with damaged cargo packages.

  1. All of these terms and conditions are subject to Turkish Law.

 

Prepared by  T-Soft E-Commerce.