Lotus Yachts: Terms and Conditions
ARTICLE 1- Parties
1.1. Seller / Service Provider
Name, Surname / Title: Lotus Yatçılık Turizm Gıda Ticaret Limited Şirketi (hereinafter referred to as Lotus Yacht.)
E-mail: info@lotusyat.com
Address: Hasanpaşa Mah. Nabizade Sok. No: 82/1 Kadıköy / İstanbul
Phone: +90 530 976 7646
1.2. Buyer / Customer
It is the user who purchases goods or services on www.lotusyat.com belonging to the seller.
ARTICLE 2- Subject
The subject of this contract is the determination of the rights and responsibilities of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Distance Contracts on the Protection of Consumers, which is ordered electronically via the www.lotusyat.com website of the SELLER.
The BUYER accepts and acknowledges that the SELLER has provided all types of contact information, the features of the services / services subject to sale, sales price including taxes, payment method, and similar preliminary information regarding the service subject to sale, and that he has placed his order under these conditions.
The preliminary information and invoice issued for the shopping performed on the website www.lotusyat.com is an integral part of this contract.
ARTICLE 3- Contract Service / Payment Information
The services that have been paid and ordered electronically and invoice information for the BUYER are as follows. The information of the person / institution to contract with the person / institution to be billed must overlap. The BUYER is deemed to have accepted that the information given below is complete and correct.
Lotus Yacht cannot be held responsible for damages arising from incorrect / missing information transfer. If the SELLER concludes that the information does not correspond to the reality, he has the right to withdraw his service.
Service / Services Received
Lotus Yacht services sold through www.lotusyat.com
Invoice information
Lotus Yatçılık Turizm Gıda Ticaret Limited Şirketi
Kadıköy V.D. 9980830088
ARTICLE 4- Contract Date and Force Majeure
The contract date is the day the BUYER pays for the service he wants to receive,
Situations that make it impossible for the BUYER or the SELLER to fulfill their obligations (disaster, terrorism, strike, technical malfunction, changing legislative provisions, etc.) from the moment the contract is valid will be considered as force majeure. The party experiencing this situation is obliged to make a written statement to the other party as soon as possible.
The parties will not be responsible for the failure to fulfill the obligations due to the force majeure or reasons to continue. The force majeure (s) continuing for 30 days gives the parties the right to terminate the contract unilaterally.
ARTICLE 5- General Transaction Conditions
5.1. The PURCHASER agrees that he has read and learned the basic features of the products shown on www.lotusyat.com site, the sales price and form of payment, and the preliminary information regarding the delivery, and gives the necessary confirmation for sales in the electronic environment.
5.2. If the PRODUCT or SERVICE is for another person / organization other than the BUYER, the SELLER cannot be held responsible for the person / organization to be delivered does not accept delivery or service.
5.3. If the BUYER checks the PRODUCT or SERVICE as soon as he receives it, and the PRODUCT purchased receives a problem arising from the cargo, he does not accept the PRODUCT and keep a record of the CARGO company official, and if a purchased SERVICE is a problem, Responsible for reporting to the communication channel. Otherwise, the SELLER / INTERNET SITE will not accept responsibility.
5.4. At the request of the SELLER, the BUYER is obliged to sign a printed copy of this Agreement during the delivery of the PRODUCT or SERVICE; If it is not signed, PRODUCT delivery or SERVICE may not be performed. The Contract approved by the BUYER during shopping on www.lotusyat.com is sufficient and valid in any case.
5.5. If the PURCHASER is not foreseen otherwise by the SELLER, it must be fully paid before receiving the PRODUCT or SERVICE. If the price of the PRODUCT is not paid to the SELLER before delivery, the SELLER may unilaterally cancel the contract and may not deliver or fulfill the PRODUCT / SERVICE.
5.6. If, for any reason, after the SELLER's performance, the Bank / financing institution to which the credit card to be processed does not pay the PRODUCT / SERVICE fee to the SELLER, the PRODUCT / SERVICE shall be returned to the SELLER by the BUYER within 3 days at the latest. it is. All other contractual and legal rights, including tracking that the SELLER will receive the PRODUCT / SERVICE fee, are also reserved in any case. In order not to give room for hesitation; Credit cards, installments, etc., such as banks and financial institutions. term / installment payment opportunities provided by issuers are a loan and / or installment payment opportunity provided directly by the said institution; The sales of PRODUCTS / SERVICES realized within this framework and which the SELLER fully charged are not counted as installments for the parties of this Agreement, but are for cash sales. The legal rights of the SELLER in the cases that are deemed to be sales by installments (including the right to terminate the contract if any of the installments are not paid and to request the payment of the remaining debt together with the default interest) are reserved and reserved.
ARTICLE 6- Rights and Obligations of the Seller
6.1. SELLER, Regarding Law No. 4077 on Consumer Protection and Distance Contracts
In accordance with the provisions of the regulation, it accepts and undertakes to fulfill its obligations completely, except for force majeure.
6.2. It cannot be held responsible for incorrect pricing caused by system-based errors or omissions. The SELLER is also exempt from errors on the website that may result from system, design or incoming cyber attacks. The SELLER cannot be held responsible for the grievances experienced by the BUYER due to system-based errors.
6.4. Collects the price of its services over Virtual POS. In order to start to benefit from the services, it is obligatory to complete the specified amount. The delivery date of the services is determined separately for each service and the SELLER gives detailed information about the term when the BUYER's order is received. The remaining payment of the service, if any, is collected before the service / product is delivered.
ARTICLE 7- Buyer's Rights and Obligations
7.1. The BUYER agrees and undertakes to fulfill its obligations completely, except for force majeure.
7.2. The BUYER is deemed to have accepted the contractual obligations as soon as he placed his order and paid the service fee.
7.3. The BUYER accepts and declares that the SELLER can access all the contact information on the website.
7.4. The PURCHASER agrees and declares that he has accessed detailed information about the precautions, warnings and services and payment terms from the website and read and understand the information.
7.5. The BUYER has the right to give up the services he purchased on the same day he placed the order. In this case, if the invoice is issued, it accepts and undertakes that it will return the original invoice and dispatch to the SELLER as soon as it is received.
7.6. All legal material responsibilities and taxes (including stamp tax of this contract) and other risks that may arise from this contract or the purchase / sale of PRODUCTS / SERVICES between the parties belong to the BUYER.
ARTICLE 8- Order / Payment Procedure
Order:
After the BUYER approves the service / product amount including the VAT for the service he wants to buy, the transaction starts on the POS of the relevant bank card.
The situation is notified to the BUYER if there is any malfunction during the payment process or if there is any problem with the credit card. In cases where it is deemed necessary, the BUYER may be asked to meet with the bank to resolve the problem. The SELLER's obligation to meet the demand starts when the price of the related service is paid.
In the event that the service, which has been paid for a justified reason, cannot be provided, a similar service is offered in line with the BUYER's choice by informing the BUYER without delay. The BUYER can choose this method or give up the service he wants to receive, and request the refund of the fee.
In cases where it is impossible to fulfill the obligation to deliver the contract goods, the BUYER is informed about the situation and the total price he paid and any documents that put him under debt are returned to him and the contract is canceled. In such a case, the BUYER shall not claim any additional material and moral damages from the SELLER.
Payment:
At www.lotusyat.com, sales prices of the services are collected via money order or via Virtual POS. The credit card information used in payments made via virtual POS is encrypted with SSL technology. The payment system offers the infrastructure that will provide the necessary privacy and security. Users who do not want to pay by Virtual POS can also pay for the services via money order / EFT. The BUYER can make the transfer through any bank. If the payment has been made through EFT, the obligation to provide the service shall be taken into account in the SELLER's account. The information of the sender making the money order and / or EFT and the contact information on the invoice must be the same and the order details must be stated as a note.
If the PURCHASER has made the payment by credit card, he accepts, declares and undertakes that he will further confirm the relevant interest rates and information about default interest from his bank and that the provisions regarding interest and default interest will be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER.
ARTICLE 9- Product Delivery, Service Procedure
Delivery:
Following the payment of the product / products or Service BUYER and the SELLER's approval of this transaction, the selected product or service is activated before the promised delivery time. A change request may be made on the product / service delivery date provided that the BUYER is informed by the SELLER at least one (1) day in advance.
If there is any problem regarding the purchase of products / products or services within the specified days, the BUYER agrees to inform Lotus Yacht without delay.
ARTICLE 10- The Procedure for Product Return, Service Cancellation and Right of Withdrawal
Product / Service Returns:
The BUYER has the right to withdraw from the contract within 1 (one) day after the product / service has been reserved (after it has been issued and made available on behalf of the BUYER) without any justification and without paying a penalty. The right of withdrawal starts from the day the product / service is reserved. In order for the refund to be made in accordance with the General Communique of the Tax Procedure Law No. 385, after completing the return sections in the invoices sent to the BUYER completely and correctly, they must send another copy to the SELLER and keep the other copy in mind. In the event that less than 14 (fourteen) days are left for the service, withdrawal or cancellation is not possible. For blue voyage tours, if less than 3 (three) months are left for the service, withdrawal or cancellation is not possible.
The shipping cost of delivering the invoice to the SELLER will be borne by the BUYER. There is no right of withdrawal for products / services prepared in accordance with the wishes of the BUYER and / or his/her personal needs.
In the event that the BUYER wants to withdraw from the service purchased, the SELLER shall return the total price, if any, to the consumer, and any documents that put the consumer under debt, if any, within 10 (ten) business days after receiving the invoice containing the withdrawal notification.
The existence of a reason that makes the return impossible does not prevent the BUYER's right to withdraw. In such a case, the SELLER shall compensate for the loss by deducting the amount returned.
The request to return products / services must first be communicated to Lotus Yacht communication. After the Lotus Yacht receives the request for return, the service is stopped, then the price of the related service is sent to the BUYER. In the refund of the payments made with credit card, the SELLER makes the payment in cash or offset to the bank. The period of reflection of the returns made on the credit card to the account takes place in accordance with the rules of the relevant bank or organization, and the SELLER is not responsible for any interruptions that may occur due to the agreements between the relevant bank or organization and the BUYER.
The business will not share the personal information of its customers with third parties, companies and unauthorized personnel within the scope of this contract and confidentiality agreement.
Personal information; It includes the details of identity information such as name, surname, address, telephone, e-mail address and similar personal details of its customers.
ARTICLE 11- Confidentiality
The information contained in this contract and any information of the BUYER will not be shared with third parties, except for administrative / legal obligations. In judicial investigations, the SELLER must share the information requested from him with the relevant authorities.
The credit card information of the BUYER is not stored in any way. This information is used to securely transmit to the relevant bank during collection, and all data is deleted after this process.
Information such as e-mail address, postal address and telephone belonging to the BUYER is used only by the SELLER for the purpose of informing the BUYER (promotion, promotion of new service, etc.).
ARTICLE 12 - Competent Courts and Enforcement Offices in Case of Disagreement
In case of dispute arising from the application of this contract, Istanbul Courts and enforcement offices are authorized.
In the event that the payment to be made by the BUYER to the www.lotusyat.com site, the BUYER is deemed to have fully accepted all the terms of this contract.
This contract has been prepared in one copy and an approved copy can be given to the BUYER, if desired.