DISTANCE SALES AGREEMENT
 
1. PARTIES
SELLER
TITLE: LİTPACK ENERJİ DEPOLAMA ARGE SAN. VE TİC. A.Ş.
MERSIS NUMBER: 6091389097
NOTIFICATION ADDRESS: AHMET YESEVİ MAH. KEREM SK. A BLOK NO:9 İÇ KAPI NO:404 PENDİK/İSTANBUL TUZLA
E-NOTIFICATION ADDRESS: [e-notification_address]
E-MAIL ADDRESS: [e-mail_address]
PHONE NUMBER: [phone_number]
BUYER
NAME-SURNAME: [buyer_name_surname]
T.R. IDENTITY NUMBER:
ADDRESS: [buyer_address]
PHONE NUMBER: [buyer_phone]
E-MAIL ADDRESS: [buyer_email]
2. SUBJECT OF THE AGREEMENT
This Distance Sales Agreement ("Agreement") is related to the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation on Distance Contracts ("Regulation") of the Law on the Protection of Consumers No. 6502, regarding the sale and delivery of the products and/or services, the characteristics and selling price of which are specified below, and which the Seller (“Litpack Enerji”) manufactures and sells to the Buyer.
3. INFORMATION ON THE PRODUCT AND/OR SERVICE SUBJECT TO THE AGREEMENT
The product and/or services subject to this Agreement are the Lithium Battery product specially manufactured by Litpack Enerji for the Buyer.
It is important to state that Litpack Enerji reserves the right to present the products/services it manufactures, sells, and provides via the Platform by making changes from time to time.
4. SERVICE FEE AND PAYMENT DETAILS
The price of the product and/or service to be purchased through the Platform (“Service Fee”) is clearly stated on the Platform. This service fee includes the purchased product and the tax to be paid.
The invoice details for the product purchased by the Buyer through the Platform are as follows:
Selected Payment MethodBank/Credit Card
Purchase Date[order_date]
Performance Date[order_date]
Person to be Invoiced[invoice_name_surname]
Invoice Address[invoice_address]
Product/Service Title[order_products]
Product/Service Description and Features[order_products]
Total Service Fee (TL) (Including VAT and additional charges)[order_total]
5. PLACE OF PERFORMANCE OF THE AGREEMENT AND DELIVERY METHOD
It is accepted by the parties that this Agreement enters into force upon the approval by the Buyer. Since the products/services offered for sale by Litpack Enerji through the Platform are specially manufactured for the Buyer, the delivery date varies according to the purchased product. Litpack Enerji accepts, declares, and undertakes that it will deliver the product/service within a reasonable time.
6. EXPENSES RELATED TO THE PERFORMANCE OF THE SERVICE
The expenses required for the performance of the service subject to the Agreement are included in the advertisements for the product on the website of Litpack Enerji.
The responsibility for the performance of the Agreement falls upon Litpack Enerji after the service fee is paid by the Buyer, and Litpack Enerji will fulfill these obligations, including the process of delivery to the Buyer, within 14 days.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1. Litpack Enerji accepts and undertakes to fulfill the obligations imposed on it in this Agreement completely, in accordance with the provisions of the Law on the Protection of Consumers (“TKHK”) and related legislation.
7.2. Litpack Enerji is obliged to deliver the service purchased by the Buyer through the Platform to the Buyer in a usable and ready condition within the period specified in this Agreement. Litpack Enerji shall not be held responsible for late performance due to technical problems.
7.3. In the event that the products/services subject to this Agreement are delivered to the Buyer as defective because they do not have the characteristics specified on the Litpack Enerji Platform or agreed upon by the parties and objectively expected to have, Litpack Enerji is obliged to fulfill the Buyer's request based on the optional rights listed in Article 15 of the TKHK. For the avoidance of doubt; a defective service shall be the case in situations where the specially manufactured products do not work, the package does not output voltage, the package does not output amperage, the product overheats, and if there are screen/button/LED designs on the product package, they do not work, and since the specified conditions will become evident upon opening the package at the time of the product's delivery, the Buyer may request technical support within 14 days from the moment of delivery. Claims that the service/product is defective due to the purchased product not meeting expectations or reasons arising from the Buyer, and thus requests for return, cannot be made regarding the product delivered to the Buyer.
7.4. Litpack Enerji reserves the right to change the features, variety, fees, and discounts of the products/services subject to the Agreement offered on the Platform.
7.5. The Buyer accepts, declares, and undertakes that by purchasing the product/service selected from the Platform, they are deemed to have accepted the provisions of the Agreement and will make the payment in a manner appropriate to the payment method specified in this Agreement.
7.6. The Buyer accepts, declares, and undertakes that they have read the preliminary information regarding the basic characteristics of the purchased service, the total Service Fee including taxes and additional charges, the payment method, the performance method, and the return method, and that they have been clearly, comprehensibly, and appropriately informed about all necessary information within the scope of the Agreement, including the official authorities to which complaints can be submitted, and confirms this fact electronically.
7.7. Since the product/service purchased by the Buyer through the Platform is a special production for the Buyer and has the quality of being consumed, the Buyer cannot use the right of withdrawal. The Buyer accepts, declares, and undertakes that they are aware of this issue and confirms it electronically.
7.8. The Buyer cannot transfer the rights and obligations arising from this Agreement to another person without the written consent of Litpack Enerji.
8. RIGHT OF WITHDRAWAL AND SITUATIONS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
The right of withdrawal, pursuant to Article 9, paragraph 1 of the Regulation, is the right of the consumer (Buyer) to notify the Seller (Litpack Enerji) within 14 (fourteen) days from the date of the conclusion of the Distance Sales Agreement with the Seller that they do not wish to be bound by the agreement, without showing any reason and without undertaking any legal and/or criminal liability. It is important to state that the right of withdrawal can only be used by individuals with the status of a Consumer and will not be valid for persons and institutions with the status of a merchant.
The cases where the right of withdrawal cannot be used are listed in Article 15 of the Regulation:
a) Contracts related to goods or services whose price is dependent on fluctuations in financial markets and is beyond the control of the seller or provider.
b) Contracts related to goods prepared in accordance with the consumer's requests or personal needs.
c) Contracts related to the delivery of goods that are perishable or whose expiration date may pass quickly.
d) Contracts related to the delivery of goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery and which are not suitable for return for health and hygiene reasons.
e) Contracts related to goods that are mixed with other products after delivery and cannot be separated due to their nature.
f) Contracts related to books, digital content, and computer consumables presented in a material medium, if their protective elements such as packaging, tape, seal, or package have been opened after the delivery of the goods.
g) Contracts related to the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
h) Contracts related to the use of leisure time for accommodation, goods transportation, car rental, food and beverage supply, and entertainment or recreation, which must be made on a specific date or period.
i) Contracts related to services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.
j) Contracts related to services the performance of which has started with the consumer's consent before the end of the withdrawal period.
k) Contracts related to immovables that are mandatory to be registered according to the Highway Traffic Law dated 13/10/1983 and numbered 2918, and unmanned aerial vehicles that are subject to registration or record keeping.
l) (Added: OG-23/8/2022-31932) Contracts related to mobile phones, smart watches, tablets, and computers that have been delivered to the consumer.
m) (Added: OG-23/8/2022-31932) Contracts concluded through live auction.
n) (Added: OG-23/8/2022-31932) Contracts related to goods for which installation or assembly by the seller or authorized service is specified in the introduction and user manual, and which have been installed or assembled.
Since the products and/or services offered by Litpack Enerji through the Platform fall into the categories specified in sub-paragraphs a, b, and c of Article 15 of the Regulation, the Buyer cannot exercise the right of withdrawal regarding these services.
9. CANCELLATION AND RETURN CONDITIONS
9.1. The cancellation and return conditions of the Buyer have been regulated by Litpack Enerji in accordance with the TKHK and the Regulation on Distance Contracts.
9.2. The Buyer has the right to return the product within 7 days, provided that they do not damage the protective elements such as packaging, tape, seal, or package of the product. Upon the Buyer's request for a return and delivery of the product to Litpack Enerji, the eligibility of the product for return will be evaluated by Litpack Enerji, and the consumer will be separately informed on this matter. After the return request is approved, the product price will be refunded to the Buyer within 10 business days. Litpack Enerji has no responsibility for delays caused by the bank or the payment institution.
9.3. For the avoidance of doubt, the Buyer shall not be able to request cancellation and return in the event that the Buyer damages the protective elements such as packaging, tape, seal, or package of the product and/or due to problems arising from their own use. The product price paid by the Buyer who requests cancellation and return in violation of this article will not be refunded by Litpack Enerji under any circumstances.
10. FORCE MAJEURE
If, after the acceptance of this Agreement by the parties, Litpack Enerji encounters an obstacle that occurs outside of its control and that it could not reasonably foresee during the performance phase of the Agreement, and it becomes impossible to fulfill its obligations specified in the Agreement due to being in a force majeure event where it cannot avoid the effects of this obstacle or overcome these effects, it will inform the Buyer of the situation in writing as soon as possible. If the force majeure conditions have not ceased at the end of a period of 30 (thirty) days from the notification, each of the Parties may unilaterally terminate this Agreement by written notification, without paying any compensation, penalty, etc. fee, and immediately. In such a case, Litpack Enerji will only refund the price of the product purchased by the Buyer.
11. NOTIFICATIONS AND ANNOUNCEMENTS
All correspondence between the Parties within the framework of this Agreement, except for mandatory cases specified in the legislation, will be made via the e-mail addresses specified in Article 1 of the Agreement.
The Parties are obliged to notify the other party of any change in their addresses within a maximum of one (1) week. Otherwise, the notifications and announcements made to the addresses reported with this Agreement will be deemed valid.
12. RESOLUTION OF DISPUTES
In any dispute arising from this Agreement, the Consumer Arbitration Committees within the limits announced by the Ministry of Trade and the Consumer Courts of the place where the consumer received the service or the place of residence are authorized.
In cases where the Buyer does not have the status of a consumer, Ankara Courts and Enforcement Offices are authorized to resolve disputes.
13. EFFECTIVENESS
The Buyer shall be deemed to have accepted all the terms of this Agreement upon its electronic acceptance and approval, and the payment made through the Litpack Enerji Platform, and this Agreement shall enter into force as of the date the payment is made.
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