DISTANCE SELLING AGREEMENT
1. PARTIES
This Agreement has been signed between the following parties within the framework of the provisions and conditions specified below:
‘BUYER’ ; (hereinafter referred to as the "BUYER" in the agreement)
NAME- SURNAME:
ADDRESS:
‘SELLER’ ; (hereinafter referred to as the "SELLER" in the agreement)
NAME- SURNAME:
ADDRESS:
By accepting this agreement, the BUYER acknowledges and agrees in advance that, upon confirmation of the order subject to the contract, they will be obligated to pay the order amount and any additional charges such as shipping fees, taxes, and that they have been informed accordingly.
2. DEFINITIONS
In the implementation and interpretation of this agreement, the terms written below shall refer to the explanations written next to them.
MINISTER: Minister of Customs and Trade, MINISTRY: 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: The subject of any consumer transaction other than providing goods in exchange for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of commercial or professional activities or acts on behalf of or for the account of the entity offering goods,
BUYER: The natural or legal person who acquires, uses, or benefits from goods or services for non-commercial or non-professional purposes, WEBSITE: The website belonging to the
SELLER,
ORDERER: The natural or legal person who requests goods or services through the website of the SELLER,
PARTIES: The SELLER and the BUYER, CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: Movable property subject to purchase and software, audio, visual, and similar intangible goods prepared for use in electronic media.
3. SUBJECT
This Agreement regulates 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 specified below, with the characteristics and sales price, which the BUYER orders electronically through the website of the SELLER.
The prices listed and announced on the website are the sales prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a limited period are valid until the end of the specified period.
4. SELLER INFORMATION
Title: Yeşim Dizayn Uygulama ve Yayıncılık İç ve Dış Tic. Ltd. Şti.
Address: İnönü Cd. Bingün Apt. No: 37/13 Sahrayıcedit, Kadıköy, İstanbul
Phone: +90 531 746 63 83
Email: info@yeshjewellery.com
5. BUYER INFORMATION
Recipient Name:
DeliveryAddress:
Phone:
Fax:
Email/Username
6. ORDERER INFORMATION
Name/Surname/Title
Address Phone
Fax
Email/Username
7. SUBJECT OF THE CONTRACT PRODUCT/PRODUCTS INFORMATION
7.1. The basic characteristics of the product/products/service (type, quantity, brand/model, color, quantity) are published on the SELLER's website. If the Seller has organized a campaign, you can review the basic features of the relevant product during the campaign period. It is valid until the end of the campaign date.
7.2. The prices listed and announced on the website are the sales prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a limited period are valid until the end of the specified period.
7.3. The sales price including all taxes of the subject matter of the contract goods or services is shown below. Product Description Quantity Unit Price Subtotal (Including VAT) Shipping Cost Total : Payment Method and Plan Delivery Address Recipient Name Billing Address Order Date Delivery Date Delivery Method
7.4. The shipping fee, which is the product shipment cost, is priced as indicated in the top banner of the website's homepage. For purchases above the minimum amount specified for domestic and international orders, the shipping fee is borne by the SELLER. For purchases below the specified minimum amount, the shipping fee is borne by the BUYER. For international express shipments, the shipping fee is always borne by the BUYER for any amount. Please check the figure indicated in the announcement on the homepage before making a purchase.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/Username
Invoice Delivery:
The invoice will be delivered to the invoice address along with the order during order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares, and undertakes that they have read and become informed of the basic characteristics of the product, the sales price, and the payment method, as well as the preliminary information regarding delivery on the website owned by the SELLER, and that they have provided the necessary confirmation in electronic form. The BUYER also acknowledges, declares, and undertakes that they have obtained the address to be provided by the SELLER, the basic features of the products ordered, the price of the products including taxes, payment, and delivery information correctly and completely before the conclusion of the distance sales contract.
9.2. 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 within the period specified in the preliminary information section on the website, provided that it does not exceed the legal period of 30 days depending on the distance of the BUYER's place of residence. 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 undertakes to deliver the product subject to the contract in full and in compliance with the specified qualifications in the order, to perform the work in accordance with legal requirements, free from any defects, in compliance with standards, with accuracy and honesty principles, to maintain and improve service quality, to exercise necessary care and diligence during the performance of the work, and to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from the contract.
9.5. For the delivery of the product subject to the contract, it is a condition that this Contract has been accepted by the BUYER and its price has been paid by the payment method preferred by the BUYER. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER will be deemed to have been relieved of the obligation to deliver the product.
9.6. If the SELLER cannot fulfill the obligations of the contract in case the performance of the ordered product or service becomes impossible, the SELLER accepts, declares, and undertakes to notify the consumer in writing within 3 days from the date they learned about this situation, and within 14 days, to refund the total price to the BUYER.
9.7. The BUYER acknowledges, declares, and undertakes that they will confirm this Contract electronically for the delivery of the product subject to the Contract and, in case the price of the product subject to the Contract is not paid and/or canceled in the bank records for any reason, the BUYER accepts, declares, and undertakes that the SELLER's obligation to deliver the product subject to the Contract will end.
9.8. In the event that the payment of the price of the product subject to the contract is not made to the SELLER by the relevant bank or financial institution due to the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the product to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER agrees, declares, and undertakes to return the product subject to the contract to the SELLER within 3 days, at the expense of the BUYER for the shipping costs.
9.9. If the product subject to the contract will be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the refusal of the recipient to accept the delivery.
9.10. If the SELLER cannot fulfill the obligations of the contract in case the performance of the ordered product or service becomes impossible or the ordered product is not available in stock, the SELLER notifies the consumer before the expiration of the performance obligation arising from the contract and may supply a different product of equal quality and price to the BUYER if available in their stock. The SELLER also reserves the right to refund the product price. The BUYER also has the right to request cancellation of the order, replacement of the product subject to the contract with a similar one if available, and/or postponement of the delivery period until the impediment is removed from the SELLER. In case of cancellation of the order by the BUYER, the amount paid by the BUYER with the credit card is refunded to the relevant bank within 14 days after the cancellation of the order. The BUYER acknowledges and agrees that it may take an average of 2 to 3 weeks for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's account by the bank, and that the reflection of this amount into the BUYER's accounts is entirely related to the bank transaction process, and therefore, the BUYER cannot hold the SELLER responsible for any possible delays.
9.11. The SELLER has the right to contact the BUYER for communication, marketing, notifications, and other purposes via mail, email, SMS, phone calls, and other means through the address, email address, fixed and mobile phone numbers, and other contact information specified by the BUYER on the registration form on the website or updated by the BUYER afterwards. By accepting this contract, the BUYER acknowledges and declares that the SELLER may engage in the above-mentioned communication activities towards them.
9.12. Before accepting the delivery of the product/service subject to the contract, the BUYER will inspect it; damaged, broken, torn packaging, etc., and will not accept damaged and defective products/services from the courier company. The received product/service will be deemed to be undamaged and in good condition. The duty of carefully protecting the product/service after delivery belongs to the BUYER. If the right of withdrawal will be exercised, the product/service should not be used. The invoice should be returned.
9.13. If the cardholder during the order is not the same person or if a security vulnerability related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to provide 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 confirming that the credit card belongs to the cardholder. Until the requested information/documents are provided by the BUYER, the order will be put on hold, and if such requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.14. The BUYER declares and undertakes that the personal and other miscellaneous information provided when registering on the SELLER's website is accurate, and in case of any damages incurred by the SELLER due to the inaccuracy of this information, the BUYER will immediately and fully compensate the SELLER upon the first notification by the SELLER. 9.15. The BUYER undertakes to comply with the provisions of the legislation and not to violate them while using the website owned by the SELLER. Otherwise, all legal and criminal liabilities arising therefrom will be entirely and exclusively binding on the BUYER.
9.16. The BUYER cannot use the website owned by the SELLER in any way that disturbs public order, violates general morality, harasses others, or infringes upon the material and moral rights of others, for an unlawful purpose, or in a manner that would prevent or hinder others from using the services (spam, viruses, Trojan horses, etc.).
9.17. Links may be provided through the website owned by the SELLER to other websites and/or contents owned and/or operated by third parties not under the control of the SELLER. These links are provided for the convenience of the BUYER and do not imply endorsement of any website or the person operating such site, and the links do not guarantee the accuracy of the information contained on the linked website.
9.18. The member who violates one or more of the articles listed in this agreement shall be personally responsible, both criminally and legally, for such violation, and shall indemnify the SELLER against the legal and criminal consequences of such violations. In addition, in the event of recourse to legal action due to such violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
9.19. This Agreement shall become effective upon acceptance by the BUYER. Upon confirmation of the order, the BUYER shall be deemed to have accepted all the terms of this agreement.
10. RIGHT OF WITHDRAWAL
10.1. The BUYER has the right to withdraw from the contract within 14 (fourteen) days without any justification, starting from the delivery of the product to themselves or to the person/entity at the indicated address. The Buyer acknowledges in advance that they have been informed about the right of withdrawal by entering into this Agreement. In order to exercise the right of withdrawal, written notification must be sent to the SELLER's contact information provided above within the 14 (fourteen) day period, and the product must not be one of the products for which the right of withdrawal cannot be exercised according to Article 6, must not have been used in any way, and there must be no reason to accept it as used, and it must be in a condition that can be resold by the SELLER. In distance contracts related to the provision of services, this period starts from the date the contract is signed. In service contracts where the service provision begins with the consumer's approval before the expiration of the right of withdrawal, the right of withdrawal cannot be exercised. The expenses incurred due to the exercise of the right of withdrawal shall be borne by the SELLER. By accepting this agreement, the BUYER acknowledges in advance that they have been informed about the right of withdrawal.
10.2. In order to exercise the right of withdrawal, written notification must be sent to the SELLER via registered mail or email within the 10 (ten) day period, and the product must not have been used in a manner that falls under the provisions of the "Products for Which the Right of Withdrawal Cannot be Exercised" as regulated in this contract. Upon exercising this right:
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 is corporate, it must be sent together with the return invoice issued by the institution. Returns of orders invoiced on behalf of corporations cannot be completed unless a RETURN INVOICE is issued.
b) The return form,
c) Within 10 (ten) days from the date on which the BUYER notified the exercise of the right of withdrawal; the BUYER must return the products to the SELLER complete and undamaged, along with the box, packaging, label, and standard accessories if any. Otherwise, the right of withdrawal will be deemed not exercised.
d) The SELLER is obliged to refund the total price and any documents that put the BUYER under obligation to the BUYER within 14 days at the latest from the receipt of the withdrawal notification and to receive the product within 20 days.
e) If there is a decrease in the value of the goods due to the fault of the BUYER or if it becomes impossible to return the goods, the BUYER is liable to compensate the damages of the SELLER in proportion to their fault. However, the BUYER is not responsible for any changes or deterioration in the product due to its proper use during the withdrawal period. 10.3. In the event of the withdrawal of the right of withdrawal resulting in the reduction of the campaign limit amount set by the SELLER, the amount of discount benefited within the scope of the campaign will be canceled.
10.4. Except for cases where the BUYER exercises the right of withdrawal and other rights arising from the law, no return or exchange of any product is possible.
11. PRODUCTS THAT CANNOT BE RETURNED WITHDRAWN
11.1 Products that are specially prepared or designed according to the BUYER's requests or personal needs,
11.2 Products that have been modified or added to their original size or design according to the BUYER's request,
11.3 Products with damaged labels, packaging, or boxes,
11.4 Earrings (if the packaging is opened by the BUYER, it cannot be returned for health and hygiene reasons),
11.5 Products that cannot be resold cannot be returned.
11.6 Except for those provided under a subscription agreement, goods related to periodicals such as newspapers and magazines, services provided instantly in electronic form or non-material goods delivered instantly to the consumer, and sound or image recordings, books, digital content, software programs, data recording and storage devices, computer consumables, cannot be returned if their packaging has been opened by the BUYER, in accordance with the Regulation.
11.7 Additionally, according to the Regulation, the right of withdrawal cannot be exercised for services whose performance has commenced with the consumer's consent before the withdrawal period has expired.
12. PERSONAL DATA PROTECTION
12.1. The Buyer can create a User Account under this Agreement, for which name, surname, and contact information are entered, and under the Law on Protection of Personal Data No. 6698 ("KVKK"), these pieces of information are considered 'personal data'. In addition, the Seller collects payment information such as credit card details and address information to collect the price of the Product purchased by the Buyer and to deliver the Product, in addition to the Buyer's name, surname, and contact information. The Seller collects and transfers personal data in this way for the purpose of performing the services specified within the scope of the Agreement, and the processing of such personal data is necessary in accordance with Article 5/2/c of the KVKK.
12.2. The Seller undertakes to process the personal data collected from the Buyer as mentioned above, within the scope of this Agreement, in a manner that is compatible with the purpose of the Agreement, relevant to the purpose for which it was processed, and limited, to retain it until the end of the period required for the service provided under this Agreement, to erase, destroy, or anonymize it when the reasons requiring the processing of personal data disappear, and not to transfer it to third parties without the explicit consent of the Buyer, except for what is necessary for their legitimate interests, provided that it does not harm the performance of this Agreement and the fundamental rights and freedoms of the Buyer.
13. DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on payment transactions made by credit card, the BUYER acknowledges, declares, and undertakes that they will pay interest to the bank, and will be responsible to the bank within the framework of the credit card agreement between them and the card-issuing bank. In this case, the relevant bank may resort to legal remedies; it may demand expenses and attorney's fees from the BUYER, and in any case of default on the BUYER's debt, the BUYER acknowledges, declares, and undertakes to compensate the damages incurred by the SELLER due to the delayed performance of the debt.
15. COMPETENT COURT
In the implementation of this Agreement, Consumer Arbitration Committees up to the value declared by the Ministry of Customs and Trade and Consumer Courts in the jurisdiction of the SELLER's domicile are authorized. Upon the completion of the order, the BUYER will be deemed to have accepted all provisions of this Agreement. In case of disputes arising from this Agreement, complaints and objections will be submitted to the consumer arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction is made, within the monetary limits specified in the following law: Effective as of May 28, 2014:
a) In disputes with a value below 2,000.00 (two thousand) TL according to Article 68 of Law No. 6502 on Consumer Protection, to the district consumer arbitration committees,
b) In disputes with a value below 3,000.00 (three thousand) TL, to the provincial consumer arbitration committees,
c) In metropolitan cities, disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL are referred to the provincial consumer arbitration committees. This Agreement is made for commercial purposes.
15. EFFECTIVENESS
When the BUYER completes the payment for the order placed on the Website, it is deemed that they have accepted all the terms of this agreement. The SELLER is responsible for making the necessary software arrangements to ensure that this agreement is read and accepted by the BUYER on the site before the order is finalized.
SELLER:
BUYER:
DATE: