DISTANCE SALES CONTRACT
1. PARTIES
This Contract has been executed between the following parties under the terms and conditions set out below.
“BUYER” (hereinafter referred to as the "BUYER")
Name – Surname:
Address:
“SELLER” (hereinafter referred to as the "SELLER")
Name – Surname: Aysel Bayram – Eysell Jewellery
Address: Barbaros Caddesi 6. Sokak No:5 ALTINOLUK/EDREMİT/BALIKESİR
E-mail: [email protected]
Phone: +90 506 946 53 42
Trade Registry No: 10/160744
By accepting this Contract, the BUYER acknowledges in advance that, in the event the order subject to this Contract is approved, the BUYER shall be under the obligation to pay the price of the order and any additional charges specified, such as shipping costs and taxes, and that the BUYER has been informed in this regard.
2. DEFINITIONS
In the application and interpretation of this Contract, the following terms shall have the meanings set out below:
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
SERVICE: Any subject of a consumer transaction other than supplying goods, which is performed or undertaken to be performed in return for a fee or benefit,
SELLER: The company that offers goods to consumers within the scope of its commercial or professional activities, or acts on behalf of or for the account of the supplier of the goods,
BUYER: The natural or legal person who acquires, uses or benefits from a good or service for purposes other than commercial or professional,
SITE: The website owned by the SELLER,
ORDERING PARTY: The natural or legal person who requests a good or service via the website owned by the SELLER,
PARTIES: The SELLER and the BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOOD(S): Movable property subject to shopping and intangible goods such as software, audio, video prepared for use in electronic environment.
3. SUBJECT
The subject of this Contract is to determine the rights and obligations of the Parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product(s), whose type, quantity and sales price are specified below, ordered electronically by the BUYER on the website owned by the SELLER.
The prices listed and announced on the Site are the sales prices. The announced prices and promises remain valid until they are updated and changed. Time-limited prices remain valid until the specified period expires.
4. SELLER INFORMATION
Title: Eysell Jewellery
Address: Barbaros Caddesi 6. Sokak No:5 ALTINOLUK/EDREMİT/BALIKESİR
Telephone: +90 506 946 53 42
Fax:
E-mail: [email protected]
5. BUYER INFORMATION
Person to be delivered:
Delivery Address:
Telephone:
Fax:
E-mail / User name:
6. ORDERING PARTY INFORMATION
Name/Surname/Title:
Address:
Telephone:
Fax:
E-mail / User name:
7. INFORMATION ON THE PRODUCT(S) SUBJECT TO THE CONTRACT
7.1. The basic characteristics of the Good(s)/Product(s)/Service (type, quantity, brand/model, color, number) are published on the website belonging to the SELLER. If a campaign has been organized by the SELLER, you may review the basic characteristics of the related product during the campaign period. The campaign is valid until the end of the campaign dates.
7.2. The prices listed and announced on the Site are the sales prices. The announced prices and promises remain valid until they are updated and changed. Time-limited prices remain valid until the specified period expires.
7.3. The total sales price of the good or service subject to the Contract, including all taxes, is shown below:
- Product Description
- Quantity
- Unit Price
- Subtotal
(Including VAT)
- Shipping Amount
- Total:
- Method and Plan of Payment
- Delivery Address
- Person to be Delivered
- Invoice Address
- Order Date
- Delivery Date
- Delivery Method
7.4. The shipping cost, which is the shipment cost of the product, shall be borne by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title:
Address:
Telephone:
Fax:
E-mail / User name:
Invoice Delivery: The invoice shall be delivered to the invoice address together with the order at the time of delivery of the order.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that the BUYER has read and been informed in advance on the Site of the basic characteristics of the product subject to the Contract, the sales price and payment method, and the preliminary information regarding delivery, and that the BUYER has given the necessary confirmation in electronic environment. The BUYER accepts, declares and undertakes that the BUYER has obtained the address to be given to the BUYER by the SELLER, the basic characteristics of the ordered products, the prices of the products including taxes, and the payment and delivery information correctly and completely, prior to the conclusion of this Distance Contract, and that the BUYER has confirmed the Preliminary Information in electronic environment.
9.2. Each product subject to the Contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section of the Site, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. In the event that the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the Contract.
9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the Contract in full, in accordance with the qualifications specified in the order and, if available, with warranty certificates, user manuals and other information and documents required by the job, and to perform the work in accordance with the legal legislation free from all kinds of defects, in compliance with standards, with accuracy and honesty, to protect and improve the quality of service, to show due care and attention during the performance of the work, and to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining the BUYER’s explicit approval before the expiry of its performance obligation under the Contract.
9.5. In the event that the performance of the product or service subject to the order becomes impossible, and the SELLER cannot fulfill its obligations arising from the Contract, the SELLER accepts, declares and undertakes to notify the consumer in writing within 3 days from the date of learning of this situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that the BUYER shall confirm this Contract in electronic environment for the delivery of the product subject to the Contract, and in the event that for any reason the price of the product subject to the Contract is not paid and/or the payment is canceled in the bank records, the SELLER’s obligation to deliver the product subject to the Contract shall cease.
9.7. In the event that, 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, the BUYER’s credit card is unlawfully used by unauthorized persons and the price of the product subject to the Contract is not paid to the SELLER by the relevant bank or financial institution, the BUYER accepts, declares and undertakes to return the product subject to the Contract to the SELLER within 3 days, with shipping costs to be borne by the SELLER.
9.8. In the event that the SELLER cannot deliver the product subject to the Contract within the period due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation that prevent or delay the Parties from fulfilling their obligations, the SELLER accepts, declares and undertakes to inform the BUYER of the situation. The BUYER shall have the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the Contract with a similar one if any, and/or the postponement of the delivery until the obstructive circumstance is removed. In the event of cancellation of the order by the BUYER, if the payment has been made in cash, the product amount shall be returned to the BUYER in cash and in lump sum within 14 days. If the payment has been made by credit card, the product amount shall be returned to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER accepts, declares and undertakes that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER’s account by the bank may take 2 to 3 weeks, and since the reflection of the amount to the BUYER’s accounts after its return to the bank is entirely related to the bank’s transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER via letter, e-mail, SMS, telephone call and other means over the address, e-mail address, fixed and mobile telephone lines and other contact information provided by the BUYER in the registration form on the Site or subsequently updated by the BUYER, for communication, marketing, notification and other purposes. By accepting this Contract, the BUYER accepts and declares that the SELLER may engage in the aforementioned communication activities towards the BUYER.
9.10. The BUYER shall inspect the good/service subject to the Contract before taking delivery; the BUYER shall not take delivery of damaged and defective good/service such as crushed, broken, torn packaging from the cargo company. The good/service received shall be deemed to be undamaged and intact. The obligation to protect the good/service diligently after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the good/service must not be used. The invoice must be returned.
9.11. In the event that the holder of the credit card used at the time of order and the BUYER are not the same person, or if, prior to the delivery of the product to the BUYER, a security vulnerability is detected regarding the credit card used in the order, the SELLER may request the BUYER to submit the identity and contact details of the credit card holder, the statement of the credit card used in the order for the previous month, or a letter from the bank of the card holder indicating that the credit card belongs to the holder. The order shall be frozen until the BUYER provides the requested information/documents, and if the said requests are not met within 24 hours, the SELLER shall have the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while signing up to the SELLER’s website are accurate, and that the BUYER shall immediately, in cash and in lump sum, indemnify all damages the SELLER may incur due to the inaccuracy of such information upon first notification by the SELLER.
9.13. The BUYER accepts and undertakes to comply with legal regulations and not to violate them while using the SELLER’s website. Otherwise, all legal and penal obligations that may arise shall be solely and exclusively binding on the BUYER.
9.14. The BUYER may not use the SELLER’s website in any way that disrupts public order, is contrary to general morality, disturbs and harasses others, for an unlawful purpose, or in a way that infringes the material and moral rights of others. In addition, the member may not engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. Links may be given via the SELLER’s website to other websites and/or other contents that are not under the control of the SELLER and/or are owned and/or operated by third parties. These links are provided for the convenience of the BUYER and do not support any website or the person operating that site, and do not constitute any guarantee regarding the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this Contract shall be personally liable, both criminally and legally, for such violation, and shall hold the SELLER free from any legal and penal consequences of such violations. Furthermore, in the event that the incident is brought into the legal field due to this violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. In distance contracts relating to the sale of goods, the BUYER may exercise the right of withdrawal from the Contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/organization at the address indicated, without assuming any legal or penal liability and without providing any reason, by notifying the SELLER. In distance contracts relating to the provision of services, this period starts from the date of signing of the Contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the prior approval of the consumer before the expiry of the withdrawal period. The costs arising from the exercise of the right of withdrawal belong to the SELLER. By accepting this Contract, the BUYER accepts in advance that the BUYER has been informed regarding the right of withdrawal.
10.2. In order to exercise the right of withdrawal, it is required that written notification be made to the SELLER by registered mail with return receipt, fax or e-mail within the 14 (fourteen) day period and that the product has not been used in accordance with the provisions of this Contract under the heading “Products for Which the Right of Withdrawal Cannot Be Exercised”. In the event this right is exercised:
a) The invoice of the product delivered to the third party or the BUYER must be returned. (If the invoice of the product to be returned has been issued to a legal entity, it must be returned together with the return invoice issued by such legal entity. The return process of orders for which invoices have been issued to legal entities cannot be completed unless a RETURN INVOICE is issued.)
b) The return form,
c) The products to be returned must be delivered complete and undamaged together with their box, packaging, and standard accessories, if any.
d) The SELLER is obliged to refund the total amount and return any documents that place the BUYER under debt to the BUYER within 10 days at the latest from the date the withdrawal notification reaches the SELLER, and to accept the goods back within 20 days.
e) If a decrease in the value of the goods occurs due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s damages to the extent of the BUYER’s fault. However, the BUYER shall not be held responsible for changes and deteriorations that occur in the goods or product as a result of proper use within the right of withdrawal period.
f) If, due to the exercise of the right of withdrawal, the amount falls below the campaign limit amount set by the SELLER, the discount amount benefited from within the scope of the campaign shall be canceled.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared in line with the BUYER’s requests or explicitly in accordance with personal needs, products which are not suitable for return, lower parts of underwear, swimsuit and bikini bottoms, cosmetic products, disposable products, goods that are perishable or may soon expire, products whose packaging has been opened by the BUYER after delivery and which are not suitable for return due to health and hygiene reasons, products that are mixed with other products after delivery and cannot be separated by their nature, goods related to periodicals such as newspapers and magazines other than those provided under subscription agreements, services performed instantly in electronic environment or intangible goods delivered instantly to the consumer, and sound or image recordings, books, digital content, software programs, data recording and data storage devices, computer consumables whose packaging has been opened by the BUYER after delivery cannot be returned pursuant to the Regulation. In addition, it is not possible to exercise the right of withdrawal with respect to services whose performance has begun with the consumer’s approval before the expiry of the withdrawal period, pursuant to the Regulation.
Cosmetic and personal care products, underwear products, swimsuits, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridges, ribbons, etc.) can only be returned if their packaging is unopened, untested, undamaged and unused.
12. DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER falls into default when performing payment transactions by credit card, the BUYER accepts, declares and undertakes that the BUYER shall pay interest within the framework of the credit card agreement between the BUYER and the relevant bank and shall be liable to the bank. In this case, the relevant bank may apply for legal remedies and may demand the expenses and attorney’s fee from the BUYER, and in any event, in the event that the BUYER falls into default due to the BUYER’s debt, the BUYER accepts, declares and undertakes to compensate the SELLER’s damages and losses arising from the delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this Contract, complaints and objections shall be submitted to the consumer arbitration committee or consumer court at the place where the consumer resides or where the consumer transaction is made, within the monetary limits specified in the law below.
As of 28/05/2014:
a) Pursuant to Article 68 of Law No. 6502 on the Protection of Consumers, for disputes with a value of less than 2,000.00 (two thousand) TL, applications shall be made to district consumer arbitration committees,
b) For disputes with a value of less than 3,000.00 (three thousand) TL, to provincial consumer arbitration committees,
c) In provinces with metropolitan status, for disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, applications shall be made to provincial consumer arbitration committees.
This Contract is made for commercial purposes.
14. ENTRY INTO FORCE
When the BUYER makes the payment for the order placed through the Site, the BUYER shall be deemed to have accepted all the terms of this Contract. The SELLER is obliged to make the necessary software arrangements to ensure that the BUYER confirms that this Contract has been read and accepted on the Site before the order is finalized.
SELLER:
BUYER:
DATE: