1. PARTIES
This Distance Selling Agreement (” Agreement “); It was established electronically between the (” BUYER “) whose address is specified in Article 7 and the (” SELLER “) whose address is specified in Article 6, within the framework of the terms and conditions specified below.
2. DEFINITIONS
In the implementation and interpretation of this agreement, the terms written below will express the written explanations opposite them.
BUYER | : | A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes, |
Minister | : | Minister of Commerce, |
Ministry | : | Ministry of Commerce, |
ELINI | : | ELINI ONLINE STORE, which is the intermediary service provider that provides the Platform where SELLER’s offer products and services. |
Service | : | The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit, |
Law | : | Law on Consumer Protection, |
Platform | : | ELINI’s website and mobile application named www.elini.online, |
SALES PERSON Intermediary Service Provider: | : | Natural and/or legal persons, including public legal entities, who offer goods to consumers for commercial or professional purposes or who act on behalf or on behalf of those who offer goods and whose information is provided in Article 6 of the Agreement, ELINI ONLINE STORE. |
ELINI Delivery Point | : | Addresses and/or cabinet compartments located at the addresses where the Products purchased by BUYERS through ELINI will be delivered by logistics companies and picked up by BUYERS from these points, |
Ordering | : | Real or legal person who requests a good or service via ELINI’s website www.elini.online or mobile application, |
Agreement | : | This Agreement concluded between the SELLER and the BUYER, |
Sides | : | SELLER and BUYER, |
Product or Products | : | It refers to movable goods subject to shopping, immovable properties for residential or holiday purposes, and software, audio, video and all kinds of products prepared for use in electronic environment. |
regulation | : | Distance Sales Regulation, |
3. SUBJECT AND SCOPE OF THE CONTRACT
This Agreement has been drawn up in accordance with the Consumer Protection Law No. 6502 and the Distance Contracts Regulation. The Parties accept and declare that they know and understand their obligations and responsibilities arising from the Consumer Protection Law No. 6502 and the Distance Contracts Regulation under this Agreement. The subject of this Agreement is the sale and delivery of Goods/Services with the qualifications specified in the Agreement, where the real person BUYER places an electronic order for the purchase of Goods/Services belonging to the SELLER who offers the Goods/Services for sale on ELINI’s Platform. It constitutes the determination of the rights and obligations of the Parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Distance Contracts Regulation. The conclusion of this Agreement will not prevent the execution of the provisions of the membership agreements concluded by the Parties separately with ELINI, and the Parties acknowledge that ELINI is not a party in any way to the sale of the Goods/Service subject to this Agreement and that it bears no responsibility regarding the fulfillment of the Parties’ obligations under the Agreement. and they accept and declare that they have no commitment.
4. ISSUES ON WHICH THE BUYER IS INFORMED IN PRIOR
4.1. BUYER accepts that he/she has examined, read and understood all general and special explanations on the relevant pages and sections of the Platform and has been provided with the necessary information on the following issues, before this Agreement is established by the BUYER’s acceptance from the Platform and before entering into the obligation to place the order and payment. .
a) The title, MERSIS number/tax identification number, contact information and current identification information of the SELLER and the Intermediary Service Provider,
b) Appropriate tools-methods for the stages of the sales transaction when purchasing the Products from the Platform and for correcting incorrectly entered information,
c) Electronic contact information of the Professional Chamber of which the SELLER is a member (ITO-Istanbul Chamber of Commerce) and the rules of conduct prescribed by ITO regarding the profession (Phone: 444 0 486, www.ito.org.tr).
d) Confidentiality, data use-processing and electronic communication rules applicable to BUYER information applied by ELINI, as well as the permissions given by BUYER to ELINI in these matters, BUYER’s legal rights, SELLER’s rights and the use of rights of the Parties.
e) Shipping restrictions stipulated by the SELLER for the products,
f) The payment method-tools accepted by ELINI for the Products subject to the contract, the basic features of the Products, the total price including taxes (the total price to be paid by the BUYER to the SELLER, including related expenses),
g) Information about the procedures regarding the delivery of the Products to the BUYER, estimated delivery or performance time, resolution methods for complaints and transportation-delivery-cargo costs,
h) Other payment/collection and delivery information regarding the products and information regarding the performance of the Agreement, the responsibilities of the Parties in these matters,
i) Products and other goods-services for which the BUYER does not have the right of withdrawal,
j) In cases where the BUYER has the right of withdrawal, the terms, duration and procedure of using this right, and the BUYER will lose his right of withdrawal if the right is not exercised in due time,
k) For Products with the right of withdrawal, if the Product is damaged or changed due to not being used in accordance with the usage instructions, normal operation or technical specifications within the withdrawal period, the BUYER’s request for withdrawal may not be accepted and the SELLER will be responsible to the SELLER in any case. In cases where it accepts, it may deduct an amount it deems appropriate according to the defect or change in question, from the refund to be made to the BUYER,
l) How to return the Products to the SELLER in cases where the right of withdrawal exists and all related financial issues (including return methods, costs and refund of the Product price and discounts and deductions that can be made for the reward points earned/used by the BUYER during the return),
m) Details of the BUYER’s benefit conditions (special conditions) regarding various opportunities that can be applied from time to time on the Platform,
n) Since this Agreement and all other sales conditions included in this Agreement, depending on its nature, are sent to the BUYER by e-mail after being approved and established by the BUYER on the Platform, they can be stored and accessed by the BUYER for a period of time requested, and ELINI can also be kept for three years. which he can keep with himself.
o) In cases of dispute, the BUYER can submit his/her complaints to ELINI or the SELLER with the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
5. INTERMEDIARY SERVICE PROVIDER INFORMATION
Title | : | ELINI ONLINE STORE |
address | : | Tevfikbey Mah, Saray Sk, No22,D,1. Küçükçekmece/Istanbul |
mersis | : | |
Telephone | : | |
Fax | : |
6. SELLER INFORMATION
Title | : | |
address | : | |
mersis | : | |
Telephone | : | |
Fax | : | |
Seller Email | : |
7. BUYER INFORMATION
Delivery Person | : | |
Delivery address | : | |
Telephone | : | |
Fax | : | |
Email/Username | : |
8. INVOICE INFORMATION
Name/Surname/Commercial Title | : | |
Tax Office and Tax Identification Number | : | |
Address | : | |
Telephone | : | |
Fax | : | |
Email/Username | : |
Invoice Delivery: The invoice will be delivered to the delivery address along with the order during order delivery.
9. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
9.1. The basic features (type, quantity, brand/model, color, quantity) of the Good/Product(s)/Service are available on ELINI’s Platform. You can review the basic features of the product during the campaign.
9.2. The prices listed and announced on the site are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period.
9.3. The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.
Product Description | Piece | Cash Price | Subtotal (VAT included) |
Shipping Amount | – | TL | TL |
Total | TL |
Delivery address | : | |
Delivery Person | : | |
Billing address | : | |
Order date | : | |
Delivery method | : | Delivery to Buyer or Delivery Point |
If the BUYER chooses the option of delivering the product to the Delivery Point during the order, the product will be delivered by the logistics company with which ELINI is integrated to the delivery point chosen by the BUYER within 30 days at the latest. After the product is left at the delivery point, the BUYER will receive the product within 3 days at the latest with the code sent to the phone number provided when registering to the Platform. If the BUYER does not receive the product within this period, it will be deemed to have returned the product and the product price will be refunded to the credit card/bank account from which the order was placed. However, for products whose order status is stated as “Pre-Order”, delivery may exceed 30 days. The BUYER accepts, declares and undertakes that when he purchases a product with “Pre-Order” status, he cannot terminate the contract due to failure to deliver within 30 days.
9.4. THE PRICE OF THE PRODUCT IN SAID IS COLLECTED FROM THE BUYER BY ELINI ON BEHALF OF THE SELLER WITHIN THE SCOPE OF “ELINI BUYER ASSURANCE”. BY PAYING THE PRICE OF THE GOODS TO ELINI, THE BUYER WILL BE DEEMED TO HAVE PAID THE PRICE OF THE PRODUCT TO THE SELLER AND WILL NOT BE UNDER THE OBLIGATION TO PAY IT AGAIN. BUYER’S RETURN RIGHTS ARE RESERVED UNDER RELEVANT LEGISLATION.
10. GENERAL PROVISIONS
10.1. BUYER accepts, declares and undertakes that he/she has read the preliminary information regarding the basic characteristics of the Product subject to the Contract, the sales price and payment method and delivery on the Platform, and has given the necessary confirmation electronically. BUYER, as a consumer, can submit their requests and complaints to the SELLER contact information above and/or through the channels provided by the Platform. BUYER’s; By confirming the Preliminary Information Form electronically, before the establishment of the Distance Sales Contract, the SELLER accepts that it has obtained the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information accurately and completely. , declares and undertakes.
10.2. Each product subject to the contract will be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER or to the Delivery Point to which ELINI is integrated, within the period specified in the preliminary information section on the website, depending on the distance of the BUYER’s residence, provided that it does not exceed the legal period of 30 days. It is delivered via cargo company. If the SELLER does not fulfill its obligation within this period, the BUYER may terminate the Contract. The delivery date stated on the website as “estimated delivery date” is stated as an estimate and this statement does not contain any commitment. These products will be delivered to the BUYER within 30 days at the latest as stated in the legislation. If the BUYER or the person to be delivered is not at the address at the time of delivery, the SELLER is not responsible for any damages and expenses arising from the BUYER’s late receipt of the product and/or not receiving it at all.
10.3. SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, and the information and documents required for the job, free from all kinds of defects, in a sound manner in accordance with the requirements of legal legislation, in accordance with the standards, within the principles of accuracy and honesty. accepts, declares and undertakes to perform the work, to maintain and improve the quality of service, to show the necessary care and attention during the performance of the work, and to act with prudence and foresight.
10.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his express approval before the contractual performance obligation expires.
10.5. BUYER accepts that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and that if the price of the product subject to the contract is not paid for any reason and/or is canceled in the records of the bank or financial institution, the SELLER’s obligation to deliver the product subject to the contract will end. declares and undertakes. BUYER accepts, declares and undertakes that the SELLER has no liability for payments made to the SELLER by the bank and/or financial institution, but for which a failure code was sent by the bank and/or financial institution for any reason.
10.6. BUYER, after the delivery of the Product subject to the Contract to the BUYER or the person and/or organization at the address indicated by the BUYER or after the BUYER receives it from the Delivery Point, as a result of the unfair use of the BUYER’s credit card by unauthorized persons, the price of the product subject to the Contract will be deducted from the relevant bank or financial institution. In case of non-payment to the SELLER, the BUYER accepts, declares and undertakes to return the product subject to the contract to the SELLER within 3 days, at the expense of shipping.
10.7. BUYER will inspect the goods/services subject to the contract before receiving them; dents, broken, packaging torn, etc. Damaged and defective goods/services will not be received from the cargo company. The goods/services received will be deemed to be undamaged and intact. The BUYER is responsible for carefully protecting the goods/services after delivery. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
10.8. Delivery costs of the goods belong to the BUYER unless there is a provision to the contrary. If the SELLER has declared on the Platform that the delivery fee will be covered by the SELLER, the delivery costs will be borne by the SELLER. Delivery of the goods is made if the SELLER’s stock is available and within the promised time after the payment is made.
10.9. In cases where it becomes impossible to fulfill the goods or services subject to the order, the SELLER must notify the BUYER in writing or via the BUYER data recorder within 3 (three) days from the date of learning of this situation and all payments collected, including delivery costs, if any, from the date of notification. It must be returned within fourteen days at the latest. The fact that the goods are not in stock is not considered to be impossible to fulfill the goods supply. In case of payments made by the BUYER by credit card, the average process for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER’s account may take 2 (two) to 3 (three) weeks, and after this amount is returned to the bank, the reflection of this amount to the BUYER’s accounts is entirely through the bank process. BUYER accepts, declares and undertakes that he cannot hold the SELLER responsible for possible delays as it relates to the process.
10.10. If the BUYER and the credit card holder used during the order are not the same person or if a security vulnerability is detected in the credit card used in the order before the delivery of the product to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder and the previous month’s statement of the credit card used in the order. or the card holder must submit a letter from his bank stating that the credit card belongs to him. or may request it from the BUYER. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the said demands are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.
10.12. In case of sending goods that were not ordered, no rights can be claimed against the BUYER. In these cases, the BUYER’s silence or use of the goods cannot be interpreted as a declaration of acceptance for the establishment of the contract.
10.13. There may be restrictions on the number of products that the BUYER can order at times announced on the Platform. If the BUYER orders more products than specified in the announcements made on the Platform, the orders may be canceled and the product prices will be refunded to the BUYER within the legal period. BUYER accepts, declares and undertakes that he has placed his order by accepting these issues and that ELINI and/or SELLER have the right to cancel the order for orders exceeding the quantity limitation.
10.14. ELINI has the right to transfer orders that the SELLER cannot supply for any reason to another seller, provided that they do not exceed the delivery period in the legislation and have the same features as the BUYER’s product. In such a case, the product will be sent to the BUYER by the new seller and the distance sales contract will be established between the new seller and the BUYER. ELINI and/or the SELLER will not reflect any additional fees, charges and/or expenses to the BUYER.
11. SPECIAL CONDITIONS
11.1. BUYER will be able to shop from more than one boutique in a single basket on the Platform. The SELLER may issue more than one invoice for each product purchased from different boutiques in the same basket. For the avoidance of doubt, it should be stated that the SELLER may deliver the products purchased by the BUYER from different boutiques at different times, provided that they remain within the legal period in the legislation.
11.2. If the BUYER chooses the corporate invoice option for orders placed on the Website, a corporate invoice can be issued by the SELLER. The SELLER will issue the corporate invoice in accordance with the tax identification number and tax office information provided by the BUYER via the Website. It is the BUYER’s sole responsibility to enter the specified information correctly and completely.
11.3. By organizing campaigns, your bank may apply a higher number of installments than the number of installments you have chosen, and services such as installment postponement may be offered. Such campaigns are at the discretion of your bank, and if ELINI is aware of them, information about the campaigns is provided on our pages. Maturity conditions, interest rates and other payment terms applied to purchases made with credit cards vary depending on the credit cards. If interest rates are applied to orders placed by credit card, the “Deferred Sales Price” is shown next to the normal sales price of the product.
Starting from the statement date of your credit card, the order total will be divided by the number of installments and reflected in your credit card statement by your bank. The bank may not distribute the installment amounts evenly over the months, taking into account the fractional differences. Creating your detailed payment plan is at the discretion of your bank.
11.4. In digital product sales, the Seller is obliged to convey to ELINI all information and documents and securely kept log records proving that the products have been delivered to the Buyer completely and properly and that the codes sent are working completely. Otherwise ELINI 4.28. All rights arising from the article are reserved.
12. RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL-INDUSTRIAL PROPERTY
12.1. Information like; BUYER’s name, surname, e-mail address, ID number, demographic data, financial data, etc., which can be defined as personal data within the scope of the Personal Data Protection Law No. 6698.
* taking orders, providing products and services, developing products and services, solving systemic problems, performing payment transactions, – if prior approval is given – being used in marketing activities about orders, products and services, updating the BUYER’s information and managing and maintaining memberships. For the purpose of the execution of the distance sales contract and other contracts established between the BUYER and the SELLER and for the technical, logistical and other similar functions of third parties to be provided by the SELLER, the above-mentioned data may be recorded indefinitely/periodically by ELINI, ELINI subsidiaries and third parties and/or organizations, and written/written. It can be stored in magnetic archives, used, updated, shared, transferred and processed in other ways.
ELINI will keep the records regarding the transactions made by the consumers with the Seller or ELINI for 3 (three) years and may provide the relevant information to the relevant institutions and organizations and consumers if requested.
12.2. ELINI provides SMS/text messages, instant notifications and automatic calls to BUYERS for credit card and membership information, transactions and applications for the purposes of promotion, advertising, communication, promotion, sales and marketing of all kinds of products and services, in accordance with the applicable legislation. Commercial electronic communications can be made via computer, telephone, e-mail/mail, fax, other electronic communication tools, and the BUYER accepts to have commercial electronic messages sent to him.
12.3. The necessary precautions for the security of the information and transactions entered into the Platform by the BUYER have been taken within ELINI’s own system infrastructure, within the scope of today’s technical possibilities, according to the nature of the information and transaction. However, since the information in question is entered from the BUYER’s devices, it is the BUYER’s responsibility to take the necessary precautions, including those regarding viruses and similar harmful applications, to ensure that it is protected by the BUYER and cannot be accessed by unrelated persons.
12.4. BUYER may request data usage, processing and/or communications to be stopped at any time by contacting ELINI through the specified communication channels. According to the BUYER’s clear notification on this matter, personal data processing and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible to be preserved, will be deleted from the data recording system or anonymized so that his identity cannot be determined. If the BUYER wishes, the transactions related to the processing of his personal data, the persons to whom it is transferred, correction of it if it is incomplete or inaccurate, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the emergence of a result against him by analyzing it with automatic systems, objection to the emergence of a result against him, the data being contrary to the law. You can always contact ELINI and get information on issues such as compensation in case of damage due to processing. The applications in question will be examined and the BUYER will be contacted within the legal period within the periods stipulated in the legislation.
12.5. Regarding all kinds of information and content belonging to the Platform and their arrangement, revision and partial/full use, except those belonging to other third parties according to the agreement of ELINI; All intellectual-industrial rights and property rights belong to ELINI.
12.6. Other sites accessed from the Platform have their own privacy-security policies and terms of use, and ELINI is not responsible for any disputes that may arise and their negative consequences.
13. RIGHT OF WITHDRAWAL
13.1. BUYER may return the goods/services purchased within 14 (fourteen) days from the delivery date by exercising his right of withdrawal, without assuming any legal or criminal liability and without giving any reason.
13.2. The notice of right of withdrawal and notifications regarding the Agreement will be displayed through the communication channels specified on the Platform. The communication channels through which the withdrawal notification will be made can be accessed via the Platform.
13.3. Since the Platform is not a party to this distance selling agreement, the right of withdrawal cannot be exercised against the Platform or a refund cannot be requested from the Platform. Only if the product price is still in the Platform account at the time of delivery of the product to the SELLER for return, the product price will be refunded to the BUYER.
13.4. In order to exercise the right of withdrawal, it is necessary to notify the SELLER or ELINI within the time limit in accordance with the legislation provisions and the right of withdrawal option on the Platform.
13.5. In case the right of withdrawal is exercised:
a) The BUYER shall send the Goods back to the SELLER via the contracted cargo company within 10 (ten) days after exercising the right of withdrawal.
b) Within the scope of the right of withdrawal, the Goods box, packaging and standard accessories, if any, must be returned along with the other products given as a gift, complete and undamaged.
13.6. The BUYER is not responsible for any changes or deteriorations that occur if the product is used in accordance with its operation, technical specifications and usage instructions within the withdrawal period.
13.7. Within 14 (fourteen) days following the exercise of the right of withdrawal, the cost of the goods will be returned to the BUYER in the same manner as paid.
While the goods are being returned to the SELLER, the original invoice submitted to the BUYER during the delivery of the goods must also be returned by the BUYER. If the BUYER requests a corporate invoice, he must issue a return invoice for the return of the relevant product or, if possible, reject the commercial invoice from his own systems within the time limit.
13.8. 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 shipping fee belongs to the SELLER. If there is no SELLER’s contracted cargo company branch in the BUYER’s location for the return, the BUYER will be able to send it with any cargo company. In this case, the shipping cost belongs to the SELLER. If the BUYER sends the goods to be returned by a cargo company other than the SELLER’s contracted cargo company specified in the Preliminary Information Form, the SELLER is not responsible for the return shipping fee and the damage that the Goods may suffer during the shipping process.
13.9. In cases where the BUYER exercises his right of withdrawal, or in cases where the product subject to the order cannot be supplied for various reasons, or in cases where a refund is decided to the BUYER by the decisions of the arbitration committee, if the purchase is made by credit card and in installments, the refund procedure to the credit card is stated below:
Regardless of how many installments the BUYER purchased the product in, the Bank repays the BUYER in installments. After the SELLER pays the entire product price to the bank at once, and in case the installment expenditures made through the Bank’s POS are refunded to the BUYER’s credit card, the requested refund amounts are transferred by the Bank to the holder’s accounts in installments in order to prevent the parties involved in the matter from being victimized. If the installment amounts paid by the BUYER until the cancellation of the sale do not coincide with the refund date and the account cut-off dates of the card, 1 (one) refund will be reflected on the card every month and the BUYER will continue to pay the installments he/she paid before the refund for an additional month equal to the number of installments he/she paid before the refund, after the installments of the sale are completed. will be deducted from its receivables and existing debts.
14. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
14.1. BUYER cannot exercise his right of withdrawal in the following contracts:
a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the SELLER or ELINI
b) Contracts regarding goods prepared in line with the wishes or personal needs of the consumer
c) Contracts for the delivery of goods that can quickly deteriorate or expire
ç) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene.
d) Contracts regarding 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 tangible form, provided that the protective elements such as packaging, tape, seal and package have been opened 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 the subscription agreement.
g) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and utilization of free time for entertainment or recreation purposes, which must be made on a certain date or period.
g) Contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the BUYER.
h) Contracts regarding services whose performance started with the approval of the BUYER before the right of withdrawal expires.
The Goods/Service subject to the contract are excluded from the scope of application of the Distance Contracts Regulation (foodstuffs, beverages or other daily consumption items delivered to the BUYER’s residence by regular deliveries of the SELLER, and services in areas such as travel, accommodation, restaurant business, entertainment industry). ) If it consists of goods/service types, the right of withdrawal cannot be exercised since the provisions of the Distance Contracts Regulation cannot be applied to the legal relationship between the BUYER and the SELLER.
14.2. IN CASES WHERE AN ELECTRONIC CODE IS PURCHASED via ELINI’s Platform, there will be no right of withdrawal for the orders in question in accordance with Article 15/1.ğ of the Distance Contracts Regulation. For these orders, a return code will not be available on the website.
15. DISPUTE RESOLUTION
15.1. In the implementation of this Distance Sales Agreement, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the Goods or Services and where he resides are authorized, up to the value declared by the Ministry of Commerce.
15.2. District/provincial consumer arbitration committees are authorized for consumer requests in line with the lower and upper limits specified in the first paragraph of Article 68 of the Law on Consumer Protection No. 6502.
16. PRICE OF GOODS/SERVICES
The cash or deferred sales price of the goods is included in the order form and is the price included in the information e-mail sent at the end of the order and in the invoice sent to the customer along with the product. Discounts, coupons, shipping fees and other applications made by the SELLER or ELINI are reflected in the sales price.
17. DEFAULT AND LEGAL CONSEQUENCES
17.1. If the BUYER defaults on the transactions made with his credit card, the card holder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action, request the expenses and attorney fees incurred from the BUYER, and in any case, in case of default due to the BUYER’s debt, the BUYER will be responsible for the damage and loss suffered by the SELLER due to the delayed performance of the BUYER’s debt.
18. NOTIFICATIONS AND EVIDENCE AGREEMENT
18.1. All correspondence between the Parties under this Agreement will be carried out via e-mail, except for the mandatory cases listed in the legislation. It will be done through text message.
18.2. BUYER acknowledges that, in case of disputes that may arise from this Agreement, the official books and commercial records of the SELLER and ELINI, as well as the electronic information and computer records kept in its database and servers, will constitute binding, definitive and exclusive evidence, and that this article shall constitute binding, definitive and exclusive evidence, pursuant to Article 193 of the Code of Civil Procedure. It accepts, declares and undertakes that it has the nature of an evidentiary contract within the meaning of article .
19. ENFORCEMENT
19.1. This Agreement, consisting of 19 (nineteen) articles, has been read by the Parties and has been concluded and entered into force by being approved electronically by the BUYER on the transaction date. A copy of the contract is available in the BUYER’s membership account and can also be sent by e-mail upon request.