Preliminary Information Form

PRELIMINARY INFORMATION FORM

1. PARTIES AND SUBJECT

The subject of this Preliminary Information Form is to inform the Buyer in accordance with the provisions of the Law and Regulation regarding the Contract between the Seller and the Buyer. In addition, the matters that are mandatory to be included in accordance with the Regulation are included in the Preliminary Information Form. The Preliminary Information Form can be sent by e-mail upon request.

1. DEFINITIONS

In the application and interpretation of the Preliminary Information Form and the Agreement, the terms written below will refer to the written explanations opposite them.

Buyer	A natural person who acquires, uses or benefits from a Product for non-commercial or non-professional purposes,
Ministry	Ministry of Trade of the Republic of Türkiye,
Bank	Licensed institutions established in accordance with the Banking Law No. 5411,
Law	Consumer Protection Law No. 6502,
Cargo Company	The contracted cargo or logistics company that ensures the delivery of the Product to the Buyer, and in return processes, the delivery from the Buyer to the Seller,
Preliminary Information Form	The form prepared to inform the Buyer about the minimum matters specified in the Regulation before the contract is formed or any offer is accepted by the Buyer in return,
Platform	The Seller's website named www.lamiarosastudio.com,
Sales person	La Mia Rosa Studio (Sakine Esin Çulcu), who offers the Product for sale on the Platform,
Agreement	The Contract concluded between the Seller and the Buyer,
Product	Movable goods, real estate for residential or holiday purposes, and all kinds of intangible goods such as software, sound, images and similar goods prepared for use in electronic environment,
Regulations	It refers to the Distance Contracts Regulation.

 

1. BUYER AND SELLER INFORMATION

BUYER INFORMATION

Person to be Delivered	:
Delivery Address	:
Telephone	:
Email / Username	:

SELLER INFORMATION

Seller Name	:	La Mia Rosa Studio (Sakine Esin Çulcu)
Seller Address	:	Ahmetli District, Çubukcular Street, 3G, Şile, Istanbul, Istanbul, 34983
Seller Tax Office and Tax Identification Number	:	Şile Tax Office- 29329938184
Seller Phone	:	0 532 165 64 17
Seller Complaint/Suggestion Channels	:	Complaints and suggestions can be sent to gulum@lamiarosastudio.com .

BILLING INFORMATION

Business Name / Name and Surname	:
Tax Office and Tax Identification Number	:
Address	:
Telephone	:
Email/Username	:
Invoice Delivery	:	The invoice will be delivered to the delivery address together with the order during delivery and/or to the e-mail address via e-invoice method.

1. PRODUCT/SERVICE INFORMATION

4.1. The basic features of the Product/Service (type, quantity, brand/model, color, number, price) are available on the Platform and can be examined in detail on the Platform.

4.2. All amounts to be paid for the Product/Service (sales price including all taxes, shipping cost, installment difference amount, total discount amount earned in simultaneous purchases from open markets and/or other boutiques, etc.) are shown in the table below.

Product/Service Description	Piece	Cash Price	Subtotal (VAT included)
		Total

Total Product Price Excluding Shipping		:
Shipping Fee		:
Installment Difference		:
Total Order Price		:
Payment Method and Plan		:
Delivery Address	:
Billing Address	:
Delivery Method	: Delivery by Cargo
Delivery Time	: 30 days at the latest

* Exceptions included in the contract and relevant legislation are reserved.

Delivery Terms will apply as stated on the product page.

1. GENERAL PROVISIONS

5.1. The Seller accepts, declares and undertakes to deliver the Product in full, in accordance with the specifications specified in the order and with the warranty documents, user manuals and other information and documents that must be delivered together with the Product/Service according to the legislation, if any.

5.2. The Product shall be delivered to the Buyer or a third party determined by the Buyer by the Cargo Company to the delivery address specified by the Buyer on the Platform within the promised delivery period and in any case not exceeding the legal period of 30 (thirty) days. If the Seller fails to fulfill its obligation within this period, the Buyer may terminate the Agreement. However, in the case of sales of Products/Services prepared in line with the Buyer's request or personal needs, the delivery period may exceed the relevant 30 (thirty) days. In addition, the delivery period for the Product whose order status is stated as "Pre-Order" or "Production to Order" may also exceed 30 (thirty) days, and the Buyer shall not be able to terminate the Agreement due to non-delivery within 30 (thirty) days when it purchases a Product with the status of "Production to Order" or "Pre-Order" prepared in line with the Buyer's request or personal needs.

5.3. The Seller sends and delivers the Product to the Buyer via the Cargo Company. If the Cargo Company does not have a branch in the Buyer's location, the Buyer must pick up the Product from another nearby branch of the Cargo Company notified by the Seller.

5.4. If the Buyer does not receive the Product for any reason, the Buyer will be deemed to have returned the Product and in this case, all payments collected from the Buyer, including delivery costs, if any, will be returned to the Buyer within the legal period.

5.5. If the Buyer or the third party designated by the Buyer is not present at the address at the time of delivery, the Seller shall not be responsible for any damages and expenses arising from the Buyer receiving the Product late and/or not receiving it at all.

5.6. Unless otherwise provided, the delivery costs of the Product shall be borne by the Buyer. If the Seller has declared on the Platform that the delivery costs will be covered by the Seller, the delivery costs shall be borne by the Seller.

5.7. The Seller may supply an equivalent Product by informing the Buyer and obtaining his/her express approval before the expiry of the performance obligation arising from the Contract.

5.8. In cases where the fulfillment of the product obligation becomes impossible, the Seller must notify the Buyer in writing or via data storage within 3 (three) days from the date of learning about this situation and return all payments collected, including delivery costs, if any, within 14 (fourteen) days from the date of notification.

5.9. The Buyer shall inspect the Product before receiving it; it shall not accept any Product that is crushed, broken, torn in packaging, etc., damaged, defective or missing. The Product received shall be deemed to be undamaged and intact. The Buyer is responsible for the careful protection of the Product after delivery. If the right of withdrawal is to be exercised, the Product must not be used and must be returned together with the Product/Service invoice and all other documents (e.g. warranty certificate, user manual, etc.) sent to the Buyer at the time of delivery.

5.10. The Buyer is obliged to pay the price subject to the Agreement and accepts, declares and undertakes that the non-payment of the price subject to the Agreement for any reason and/or its cancellation in the Bank's records will terminate the Seller's obligation to deliver the Product and other obligations arising from the Agreement. The Buyer accepts, declares and undertakes that the Seller has no responsibility for payments made to the Seller by the Bank despite the Bank sending a failed code for any reason.

5.11. If the amount in question is not paid to the Seller by the relevant Bank as a result of the unfair use of the Buyer's credit card by unauthorized persons after the Product is delivered, the Buyer accepts, declares and undertakes to return the Product to the Seller within 3 (three) days, with the return expenses being borne by the Buyer.

5.12. In cases where a refund is required to be made to the Buyer for any reason within the scope of the Agreement, the Buyer accepts, declares and undertakes that, if the payment was made by credit card, the average process for the amount refunded to the credit card by the Seller to be reflected in the Buyer's account by the bank may take up to 2 (two) to 3 (three) weeks, that the reflection of this amount in the Buyer's account after the Seller's refund to the Bank is entirely related to the Bank's transaction process, and that the Bank is responsible for any possible delays and cannot hold the Seller responsible for these.

5.13. If the Buyer and the credit card holder used during the order are not the same person or if a security breach is detected regarding the credit card used in the order before the Product is delivered to the Buyer, the Buyer may be requested to provide the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order or a letter from the Bank stating that the credit card belongs to the card holder. The order will be frozen until the Buyer provides the requested information/documents and if the said requests are not met within 24 (twenty-four) hours, the Seller has the right to cancel the order.

5.14. The number of Products that the Buyer can order may be restricted by announcements made on the Platform. If the Buyer wants to order more than the number of Products specified in the announcements made on the Platform, the order may be blocked, and if it is determined that the Buyer has ordered more than the number of Products specified after placing the order, the orders exceeding the number of Products specified may be canceled and in this case, all payments collected, including delivery costs for the canceled orders, if any, will be returned to the Buyer within the legal period. The Buyer accepts, declares and undertakes that the order has been created by accepting these matters and that the orders exceeding the number of Products may be blocked and canceled.

5.15. The buyer, as a consumer, may submit his/her requests, complaints and suggestions to gulum@lamiarosastudio.com .

1. SPECIAL CONDITIONS

6.1. Unless otherwise stated, the Buyer will be able to shop for more than one Product from the Platform in a single basket. The Seller may issue more than one invoice for each Product/Service purchased in the same basket. For the avoidance of doubt, it should be noted that the Seller may deliver each Product purchased by the Buyer at different times, provided that it remains within the legal period in the legislation.

6.2. In case of payment by credit card via the Platform, the Bank may organize campaigns and apply a higher number of installments than the number of installments selected by the Buyer or offer additional services such as installment postponement. Such campaigns are at the discretion of the Bank. Starting from the statement date of the Buyer's credit card, the order total will be divided by the number of installments and reflected in the credit card statement by the Bank. The Bank may not distribute the installment amounts equally to the months by taking into account the fractional differences. The creation of detailed payment plans is at the discretion of the Bank.

1. PROTECTION OF PERSONAL DATA AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

7.1. The Seller attaches importance to ensuring the security and protection of personal data obtained within the scope of this agreement. The Seller processes and shares personal data obtained within the scope of this agreement in accordance with the Personal Data Protection Law No. 6698 and secondary legislation.

7.2. The Buyer accepts, declares and undertakes that it is obliged to check that the personal data provided within the scope of this Agreement is accurate, complete and up-to-date, not to share this information with third parties, to take the necessary precautions, including those regarding viruses and similar harmful applications, to prevent access by unrelated persons and to ensure the security of the personal data in question, otherwise it is personally responsible for any damages that may arise and any claims from third parties.

7.3. The Buyer can access detailed information about the processing of his/her personal data through the Information Text on the Protection of Personal Data located under the Platform.

7.4. The Platform, the goods and services offered for sale through the Platform and the intellectual and industrial property and ownership rights or usage rights related to them belong to the Seller.

1. RIGHT OF WITHDRAWAL

8.1. The Buyer has the right to withdraw from the Contract within 14 (fourteen) days without giving any reason and without paying any penalty.

8.2. The right of withdrawal period begins on the day the Buyer or a third party designated by the Buyer receives the Product. However, the Buyer may also exercise the right of withdrawal during the period from the establishment of the Contract until the delivery of the Product.

8.3. In determining the period of the right of withdrawal; (i) in the case of a Product that is the subject of an additional order and delivered separately, the day on which the Buyer or a third party designated by the Buyer receives the last Product, (ii) in the case of a Product consisting of more than one piece, the day on which the Buyer or a third party designated by the Buyer receives the last piece, and (iii) in cases where the Product is delivered regularly for a certain period, the day on which the Buyer or a third party designated by the Buyer receives the first Product will be taken into account.

8.4. The Seller is responsible for returning the Contract price and delivery expenses it has collected to the Buyer within 14 (fourteen) days from the date of notification of the use of the right of withdrawal, (i) in the event that the Buyer exercises his right of withdrawal before the delivery of the Product, from the date of delivery of the Product subject to the right of withdrawal to the Cargo Company foreseen for return or from the date of delivery to the Seller in the event that the Product is returned by a Cargo Company other than the one foreseen for return, (iii) in the event that the Buyer exercises his right to terminate the Contract due to failure to deliver the order within the legal period, from the date of receipt of the termination notice.

8.5. It is mandatory that the notification of the right of withdrawal and other notifications regarding the Agreement be made in accordance with the legislation and within the time limit through the communication channels of the Seller specified on the Platform.

8.6. In case of exercising the right of withdrawal:

1. The Buyer shall return the Product to the Seller via the Cargo Company within 14 (fourteen) days from exercising the right of withdrawal.
2. Within the scope of the right of withdrawal, the Product box, packaging, standard accessories, if any, and other Products gifted with the Product, if any, must be returned complete and undamaged.

8.7. The Buyer is 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.

8.8. Within 14 (fourteen) days following the exercise of the right of withdrawal, the contractual fees are refunded to the Buyer using the Buyer's payment method. When returning the Product to the Seller, the original invoice presented to the Buyer at the time of delivery of the Product must also be returned by the Buyer.

8.9. As long as the Buyer sends the Product to be returned to the Seller with the Seller's Cargo Company specified in the Preliminary Information Form, the return shipping cost belongs to the Seller. If there is no Seller's Cargo Company branch at the Buyer's location for return, the Buyer may send the Product with any Cargo Company. Otherwise, the Seller is not responsible for the return shipping cost and damage to the Product during the shipping process.

8.10. The Buyer shall exercise his right of withdrawal within the period and procedures specified in this article, otherwise he shall lose his right of withdrawal.

1. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED

9.1. The Buyer cannot exercise the right of withdrawal in the following contracts:

1. Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the Seller,
2. Contracts regarding goods prepared in line with the consumer's wishes or personal needs,
3. Contracts for the delivery of goods that are perishable or may expire quickly,
4. Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and those whose return is not suitable for health and hygiene reasons,
5. Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature,
6. Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after the delivery of the product,
7. Contracts for the delivery of periodicals such as newspapers and magazines other than those provided within the scope of the subscription contract,
8. Contracts that must be made on a specific date or period, regarding accommodation, transportation of goods, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes,
9. Contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the Buyer,
10. Contracts regarding services that are started to be performed with the Buyer's approval before the expiration of the right of withdrawal period,

the right of withdrawal cannot be exercised.

9.2. If the Product consists of the Product/Service types that are excluded from the scope of application of the Regulation ( listed in Article 3.3 of the Contract ), the right of withdrawal cannot be exercised due to the fact that the provisions of the Regulation cannot be applied to the legal relationship between the Buyer and the Seller.

1. DISPUTE RESOLUTION

In the implementation of the Agreement, the Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchased the Product/Service and where he/she resides are authorized in accordance with the values ​​declared by the Ministry.