DISTANCE SALES CONTRACT

PARTIES

SALES PERSON

Seller Name/Title: LOCCO ….LIMITED SIRKETI
Seller's Full Address: …… Mersin
Seller's Phone: ………
Seller Mersis or Tax Identification Number: 6090967865

Seller Email Address: Info@locco.com.tr
The Cargo Company to Which the Buyer Will Send the Goods to the Seller in Case of Return: ……. Cargo

LOCCO.com Call Center: 0850 333 00 11

Platform: www.Locco.com.tr domain website
E-Mail Address: info@Locco.com.tr

BUYER

Name - Surname :
Address :
Telephone :
Email:

SUBJECT AND SCOPE OF THE AGREEMENT

2.1 This Distance Selling Agreement (“Agreement”) has been drawn up in accordance with the Consumer Protection Law No. 6502 (“Law”) and the Distance Contracts Regulation. The parties to this Agreement accept and declare that they are aware of and understand their obligations and responsibilities arising from the Law and the Distance Contracts Regulation under this Agreement.

2.2. LOCCO LTD ŞTİ., in this Agreement:

• In cases where it is an “intermediary service provider” in accordance with the Law No. 6563 on the Regulation of Electronic Commerce, “LOCCO ….”;
• In cases where the Company acts as the seller of the goods and services subject to this Agreement, it will be referred to as the "Seller".

2.3. The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law and the Distance Contracts Regulation regarding the sale and delivery of goods or services with the qualities specified in the Agreement, for which the Buyer has placed an electronic order from the website www.Locco.com.tralan (“Website” or “Platform”) belonging to LOCCO.

2.4. The execution of this Agreement shall not prevent the performance of the provisions of the Website Membership Agreements that the parties have executed separately with LOCCO Ltd. Şti. The parties accept and declare that in cases where LOCCO Ltd. Şti. is only an intermediary service provider in the sale of goods or services subject to this Agreement, LOCCO Ltd. Şti. is not a party to this Agreement in any way and has no responsibility or commitment regarding the fulfillment of the parties' obligations under the Agreement. In cases where LOCCO Ltd. Şti. is the direct Seller, LOCCO Ltd. Şti. shall be a party and responsible as the Seller in the sale of goods or services subject to this Agreement.

3. BASIC CHARACTERISTICS AND PRICE OF THE GOODS AND SERVICES SUBJECT TO THE CONTRACT (VAT INCLUDED)

3.1. The advertised prices and promises are valid until they are updated or changed. Prices advertised for a limited period are valid until the end of the specified period.

3.2. Total product price excluding shipping: 00000.00 TL

Shipping Fee: 0.00 TL

Total Price Including Shipping: 000000 TL

Payment Method and Plan: …. bank MasterPass with VAT included 000.00 TL

Received Interest Difference: 0.00 TL

Interest rate used in the Maturity Difference calculation: 0.00%

3.3. Delivery Terms:

……..The shipment of the toy elephant will begin within 3 business days following the order of the goods or services by the Buyer.

The product(s) subject to the order will be delivered within 30 days at the latest from the date of order.

Delivery Address:

……….Mediterranean Mersin

Person(s) to be Delivered: ahmet ahmet

3.4. IN CASES WHERE LOCCO LTD. ŞTI IS AN INTERMEDIARY SERVICE PROVIDER, THE PRODUCT PRICE IN QUESTION IS COLLECTED FROM THE BUYER BY LOCCO ON BEHALF OF THE SELLER WITHIN THE SCOPE OF THE PAYMENT PROTECTION SYSTEM. BY PAYING THE PRICE OF THE GOODS/SERVICES TO LOCCO …., THE BUYER WILL BE CONSIDERED TO HAVE PAID THE PRODUCT PRICE TO THE SELLER.

4. DELIVERY OF THE GOODS AND DELIVERY METHOD

The Agreement enters into force upon electronic approval by the Buyer and is executed upon delivery of the goods or services purchased by the Buyer from the Seller to the Buyer. The goods will be delivered to the address and authorized person(s) specified by the Buyer in the order form and in this Agreement.

5. DELIVERY COSTS AND PERFORMANCE

5.1. Unless otherwise provided, the delivery costs of the goods shall be borne by the Buyer. If the Seller has declared on the Platform that the delivery costs shall be covered by the Seller, the delivery costs shall be borne by the Seller.
5.2. Delivery of the goods is made within the promised time after the payment is made.
5.3. Other obligations of the Seller and the Buyer regarding the delivery of the goods are regulated in the relevant articles within the scope of this Agreement.

6. REPRESENTATIONS AND WARRANTIES OF THE BUYER

6.1. The Buyer declares that he/she has read and is informed about the preliminary information uploaded by the Seller regarding the basic characteristics, sales price, payment method, delivery and cargo cost of the goods or services subject to the Contract on the Platform and has given the necessary confirmation electronically.

6.2. Buyers, as consumers, can submit their requests and complaints using the Seller contact information above and/or via My Account>My Product Questions on the Platform.

6.3. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that he/she has obtained the address, basic features of the ordered goods or services, the price of the goods or services including taxes, payment and delivery and delivery price information that should be given to the Buyer by the Seller before the conclusion of distance contracts, correctly and completely. If the Buyer receives from the cargo company the goods or services that are the subject of the Agreement that are clearly damaged or defective, such as damaged, broken, torn packaging, etc. during delivery, the Buyer is entirely responsible.

6.4. In the event that the Buyer requests the shipment of the goods by a carrier other than the carrier specified in this Agreement and specified by the Seller, the Buyer acknowledges and declares that the Seller shall not be responsible for any loss or damage that may occur after the delivery of the goods to the relevant carrier.

6.5. If the relevant bank or financial institution does not pay the price of the goods or services to LOCCO due to the unfair or illegal use of the Buyer's credit card by unauthorized persons for reasons not caused by the Buyer's fault after the delivery of the goods or services, the Buyer is obliged to return the goods or services to the Seller within 3 (three) days, provided that they have been delivered to the Buyer. In this case, the delivery expenses belong to the Buyer.

6.6. The Seller may limit the number of products that the Buyer may order during the times announced on the Platform. If the Buyer orders more products than the number specified in the announcements made on the Platform, the orders may be canceled and the product prices will be returned to the Buyer within the legal period. The Buyer accepts these matters and accepts, declares and undertakes that the order has been created and that LOCCO Ltd. Şti. and/or the Seller has the right to cancel the order in orders exceeding the number of units.

7. SELLER'S REPRESENTATIONS AND WARRANTIES

7.1. The Seller is responsible for delivering the goods or services subject to the Contract to the Buyer in accordance with consumer legislation, intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

7.2. The Seller shall deliver the goods or services within 30 (thirty) days from the date the goods or services are ordered by the Buyer, except for contracts regarding goods prepared in accordance with the Buyer's request or personal needs, provided that the fulfillment of the goods or services subject to the order becomes impossible.

7.3. If the Seller cannot deliver the goods or services subject to the contract within the specified time due to force majeure or extraordinary circumstances preventing transportation, the Seller is obliged to notify the Buyer in writing or via permanent data storage within 3 (three) days from the date of learning about the situation and to return all payments collected, including delivery costs, if any, within 14 (fourteen) days from the date of notification at the latest. Within the framework of the relevant legislation, the fact that the goods are not in stock is not considered as the impossibility of fulfilling the goods delivery.

7.4. If the Buyer requests the delivery of the goods or services subject to the Contract to a third party, the Seller cannot be held responsible if the person to whom the delivery is made does not accept the delivery.

7.5. The responsibility for the goods or services sold within the scope of the Law and the Distance Contracts Regulation belongs directly to the Seller.

7.6. The Seller is responsible for any loss or damage that occurs until the goods are delivered to the Buyer or a third party designated by the Buyer other than the carrier.

8. LOCCO …..’S DECLARATIONS AND COMMITMENTS

8.1. In cases where LOCCO ….. sells the goods or services subject to this Agreement directly to the Buyer, the Seller’s Declarations and Commitments included in this Agreement shall be valid and all references made to the Seller shall be deemed to have been made to LOCCO. In such cases, LOCCO shall be a party to this Agreement and responsible as the Seller.

8.2. IN CASES WHERE LOCCO IS A SERVICE PROVIDER, LOCCO LTD. ŞTİ. IS NOT A PARTY TO THIS DISTANCE SALES CONTRACT AND HAS NO LIABILITY OR COMMITMENT REGARDING THE FULFILLMENT OF THE OBLIGATIONS OF THE BUYER AND SELLER WITHIN THE SCOPE OF THE CONTRACT, EXCEPT IN CASES PROVIDED TO THE CONTRARY IN LEGISLATION.

9. RIGHT OF WITHDRAWAL

9.1. The Buyer may exercise the right of withdrawal, without giving any reason, within 14 (fourteen) days from the date of delivery for transactions related to the sale of goods and within 14 (fourteen) days from the date of purchase for transactions related to the sale of services. The Buyer may also exercise the right of withdrawal within the period until the delivery of the goods.

9.2. In determining the duration of the right of withdrawal, the following starting dates are taken into account:

a) For goods consisting of more than one piece, the day the Buyer or a third party designated by the Buyer receives the last piece,

b) For goods that are subject to a single order and delivered separately, the day the Buyer or a third party designated by the Buyer receives the last goods,

c) In contracts where the goods are delivered regularly for a certain period of time, the day the Buyer or a third party determined by the Buyer receives the first goods.

9.3. The Buyer must send back the goods within 10 (ten) days from the date of exercising the right of withdrawal.

9.4. The invoice, the box and packaging of the goods, any standard accessories, and other products gifted with the goods must be returned complete and undamaged.

9.5. The Buyer shall not be liable for any changes or deteriorations that occur if the Buyer uses the product within the limits of its usual use, in accordance with its operation, technical specifications and instructions for use, within the period of withdrawal.

9.6. As long as the Buyer sends the goods to be returned to the Seller with the Seller's contracted cargo company specified in the Preliminary Information Form, the return cargo cost belongs to the Seller. Otherwise, the return cargo cost will be covered by the Buyer; the Seller is not responsible for the return cargo cost. If there is no branch of the Seller's contracted cargo company at the Buyer's location for return, the Buyer may send the goods with any cargo company, in which case the cargo cost belongs to the Seller. However, if the goods delivered to the Buyer are defective, the Buyer is not responsible for the costs related to the return.

9.7. Within 14 (fourteen) days from the Buyer exercising his/her right of withdrawal, all payments made by the Buyer to the Seller or to LOCCO … as an intermediary service provider for the relevant goods or services will be refunded in a single payment in accordance with the payment instrument used by the Buyer during the purchase and without any cost or liability to the consumer.

9.8. In purchases made using credit, if the right of withdrawal is exercised properly, the product price will be refunded to the account associated with the credit.

If the Buyer requests a corporate invoice, they must issue a return invoice for the return of the relevant product or, if possible, reject the commercial invoice from their own system within the due date.

9.10. If the Buyer exercises his right of withdrawal, any ancillary agreements, if any, will automatically terminate. The Seller and/or the Intermediary Service Provider must immediately notify the third party party to the ancillary agreement that the Buyer has exercised his right of withdrawal.

9.11. IN CASES WHERE LOCCO LTD. ŞTİ. IS AN INTERMEDIARY SERVICE PROVIDER, SINCE IT IS NOT A PARTY TO THIS DISTANCE SALES AGREEMENT, THE BUYER HAS NO RIGHT OF WITHDRAWAL AGAINST LOCCO LTD. ŞTİ. AND CANNOT REQUEST A REFUND OR PRODUCT REPLACEMENT FROM LOCCO LTD. ŞTİ. UNLESS EXPRESSLY PROVIDED OTHERWISE IN THE LEGISLATION. IN CASES WHERE LOCCO LTD. ŞTİ. IS THE SELLER, LOCCO LTD. ŞTİ. WILL BE BOUND BY THE REPRESENTATIONS AND COMMITMENTS ASCRIBED TO THE SELLER IN THIS AGREEMENT.

10. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED

According to the legislation, the Buyer cannot exercise his right of withdrawal in the following cases:

a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the Seller (e.g. products in the category of jewelry, gold and silver).
b) Contracts regarding goods prepared in line with the Buyer's wishes or personal needs.
c) Contracts for the delivery of goods that are perishable or subject to expiration.
ç) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.

d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.

e) Contracts regarding books, digital content and computer consumables presented in material form if protective elements such as packaging, tape, seal, package are opened by the Buyer after the delivery of the goods.

f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of a subscription contract.

g) Contracts related to accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes, which must be made on a specific date or period.

g) Contracts regarding services performed instantly in electronic environment or intangible goods (gift cards, gift certificates, coupons replacing money, etc.) delivered instantly to the Buyer.
h) Contracts regarding services that are started to be performed with the Buyer's approval before the expiry of the right of withdrawal period.

i) Contracts regarding the performance of betting and lottery related services.

11. DISPUTE RESOLUTION

11.1. The responsibility for the goods or services sold within the scope of the Law and the Distance Contracts Regulation belongs to the Seller directly. However, Buyers will convey their complaints about the goods and services they purchased directly to the Sellers or through LOCCO Ltd. Şti. in cases where LOCCO Ltd. Şti. is an intermediary service provider. If the complaint is conveyed to LOCCO Ltd. Şti., LOCCO Ltd. Şti. will provide all possible support to resolve the problem.

11.2. In disputes that may arise regarding this Distance Selling Contract, the Provincial or District Consumer Problems Arbitration Committees in the place where the Buyer purchased the product or where the Buyer resides shall have jurisdiction up to the value declared by the Ministry of Trade each year, and the Consumer Courts shall have jurisdiction over disputes above the said value.

12. PRICE OF GOODS/SERVICES

The cash or deferred sales price of the product is the price included in the order form, as well as the information e-mail sent at the end of the order and the invoice sent to the customer together with the product. Discounts, coupons, shipping costs and other applications made by the seller or LOCCO Ltd. Şti. are reflected in the sales price.

13. DEFAULT EVENT AND ITS LEGAL CONSEQUENCES

If, for any reason, the Buyer does not pay for the goods or services or if the payment is cancelled in the bank records, the Seller is deemed to be relieved of its obligation to deliver the goods or services.

14. NOTIFICATIONS AND EVIDENCE AGREEMENT

14.1. All correspondence between the parties under this Agreement will be made through the My Account page on the Platform or via e-mail, except for the mandatory cases listed in the legislation.

14.2. The Buyer, as a consumer, may submit his/her requests and complaints by using the Seller contact information provided above and/or via the My Account page on the Platform, by calling the LOCCO Call Center, via the e-mail address provided above or via the live support area on the Platform.

14.3. The Buyer accepts, declares and undertakes that in disputes that may arise from this Agreement, the official books and commercial records of the Seller and LOCCO Ltd. Şti., the electronic information and computer records kept in their database and servers shall constitute binding, definitive and exclusive evidence, and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.

15. ENFORCEMENT