DISTANCE SALES AGREEMENT
- PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below.
‘BUYER’ ; (hereinafter referred to as “BUYER” in the contract)
NAME SURNAME: CUSTOMER
ADDRESS: WILL VARY DEPENDING ON THE COUNTRY O ORIGIN
‘SELLER’ ; (hereinafter referred to as “SELLER” in the contract)
NAME SURNAME: GOREME JEWELRY
ADDRESS: ISALI GAFERLI AVCILAR MAHALLESI MUZE CADDESI NO 18/A GOREME NEVSEHIR
By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, he will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that he has been informed about this matter.
2. DEFINITIONS In the application and interpretation of this contract, the terms written below shall express the written explanations against them. MINISTER: Minister of Customs and Trade, MINISTRY: Ministry of Customs and Trade, LAW: Law on Consumer Protection No. 6502, REGULATION: Distance Contracts Regulation (OG:27.11.2014/29188) SERVICE: The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit. SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier. BUYER: The natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes. SITE: The website of the SELLER. ORDERING PERSON: The natural or legal person who requests a good or service through the website of the SELLER, PARTIES: SELLER and BUYER. AGREEMENT: This contract concluded between the SELLER and the BUYER. GOODS: It refers to the movable goods that are the subject of shopping and the software, sound, image and similar intangible goods prepared for use in the electronic environment.
3. SUBJECT This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has ordered electronically through the website of the SELLER. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4. SELLER INFORMATION TitleAddressPhoneFaxEmail 5. BUYER INFORMATION Person to be deliveredDelivery addressPhoneFaxEmail/username6. ORDERING PERSON INFORMATION Name/Surname/TitleAddressPhoneFaxEmail/username
7. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION 1.
The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are published on the website of the SELLER. If the campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign. Valid until the campaign date.
7.2. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below. Payment Method and PlanDelivery addressPerson to be deliveredBilling addressOrder dateDelivery dateDelivery method
7.4. The shipping fee, which is the product shipping cost, will be paid by the BUYER(Customers).
8. INVOICE INFORMATION Name/Surname/TitleAddressPhoneFaxEmail/username Invoice delivery: During the delivery of the invoice order, to the invoice address together with the order, it will be delivered.
9. GENERAL PROVISIONS
9.1. The BUYER(Customers) accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of the product subject to the contract on the website of the SELLER(Goreme Jewelry) and that he is informed and gives the necessary confirmation in the electronic environment. BUYER’s(Customers); He/she accepts, declares and undertakes that he/she confirms the Preliminary Information in electronic environment, has obtained the address to be given by the SELLER(Goreme Jewelry) to the BUYER(Customers) before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information is accurately and complete.
9.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER(Customers) or the BUYER(Customers) within the period specified in the preliminary information section of the website, depending on the distance from the BUYER’s(Customers) place of residence, provided that it does not exceed the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER(Customers) reserves the right to terminate the contract.
9.3. The SELLER(Goreme Jewelry) undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, in accordance with the principles of accuracy and honesty.
9.5. The SELLER(Goreme Jewelry) accepts, declares and undertakes that if it is impossible to fulfill the product or service subject to the order, it will notify the consumer in writing within 3 days from the date of learning of this situation and return the total price to the BUYER(Customers) within 14 days.
9.6. The BUYER(Customers) accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and that if the contract product price is not paid for any reason and/or is canceled in the bank records, the SELLER’s(Goreme Jewelry) obligation to deliver the contractual product will end.
9.7. After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER(Customers) or the BUYER(Customers) as a result of the unfair use of the BUYER’s(Customers) credit card by unauthorized persons, if the price of the product subject to the contract is not paid to the SELLER(Goreme Jewelry) by the relevant bank or financial institution. It accepts, declares and undertakes that it will return it to the SELLER(Goreme Jewelry), within 3 days at the SELLER’s(Goreme Jewelry) expense for shipping.
9.8. The SELLER(Goreme Jewelry) accepts, declares and undertakes to notify the BUYER(Customers), if the product subject to the contract cannot be delivered in due time due to force majeure situations that develop beyond the will of the parties, are unpredictable and prevent and / or delay the fulfillment of the obligations of the parties. The BUYER(Customers), also has the right to demand from the SELLER(Goreme Jewelry), the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the delay of the delivery period until the obstacle is removed. In case the order is canceled by the BUYER(Customers), the product amount is paid to him in cash and in full within 14 days in the payments made by the BUYER(Customers) in cash. In the payments made by the BUYER(Customers) by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER(Customers). The BUYER(Customers) may take 2 to 3 weeks on average to reflect the amount returned to the credit card by the SELLER(Goreme Jewelry) to the BUYER’s(Customers) account by the bank. accepts, declares and undertakes that it cannot be held responsible.
9.9. The SELLER’s(Goreme Jewelry) address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER(Customers) in the registration form on the site or updated later by him, via letter, e-mail, SMS, telephone call and other means, communication, marketing, notification and has the right to reach the BUYER(Customers) for other purposes. By accepting this contract, the BUYER(Customers) accepts and declares that the SELLER(Goreme Jewelry) may engage in the above-mentioned communication activities.
9.10. The BUYER(Customers) shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER(Goreme Jewelry). If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
9.11. If the BUYER(Customers) and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER(Customers), the SELLER(Goreme Jewelry) shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER(Customers) to submit a letter from the bank of the card holder stating that the credit card belongs to him. The order will be frozen until the BUYER(Customers) provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 hours, the SELLER(Goreme Jewelry) has the right to cancel the order.
9.12. The BUYER(Customers) declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER(Goreme Jewelry) are true, and that the SELLER (Goreme Jewelry) will immediately indemnify all damages, in cash and in advance, upon the first notification of the SELLER(Goreme Jewelry).
9.13. The BUYER(Customers) accepts and undertakes from the beginning to comply with the provisions of the legal regulations and not to violate them when using the website of the SELLER(Goreme Jewelry). Otherwise, all legal and penal liabilities that may arise will bind the BUYER(Customers) completely and exclusively.
9.14. The BUYER(Customers) may not use the SELLER’s(Goreme Jewelry) website in any way that disrupts public order, violates general morality, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. Links to other websites and/or other content that are not under the control of the SELLER(Goreme Jewelry) and/or owned and/or operated by other third parties may be given over the website of the SELLER(Customers). These links are provided for the purpose of providing ease of orientation to the BUYER(Goreme Jewelry) and do not support any website or the person who operates that site and do not constitute any guarantee for the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this contract will be personally and criminally liable for this violation and will keep the SELLER(Goreme Jewelry) free from the legal and penal consequences of these violations. Moreover; In the event that the incident is referred to the legal field due to this violation, the SELLER(Goreme Jewelry) reserves the right to claim compensation against the member due to non-compliance with the membership agreement. 10. RIGHT OF WITHDRAWAL
10.2. In order to exercise the right of withdrawal, the SELLER(Goreme Jewelry) must be notified in writing by registered mail, fax or e-mail within 14 (fourteen) days and the product must not be used within the framework of the provisions of the “Products for which the Right of Withdrawal cannot be exercised” in this contract. If this right is exercised. a) The invoice of the product delivered to the 3rd person or the BUYER(Customers), (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.) b) Return form, c) The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any. d) The SELLER(Goreme Jewelry) is obliged to return the total price and the documents that put the BUYER(Customers) under debt to the BUYER(Customers) within 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days. e) If there is a decrease in the value of the goods due to the BUYER’s(Customers) fault or if the return becomes impossible, the BUYER(Customers) is obliged to compensate the SELLER’s(Goreme Jewelry) losses at the rate of the BUYER’s(Customers) fault. However, the BUYER(Customers) is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal. f) In case of falling below the campaign limit amount set by the SELLER(Goreme Jewelry) due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.
11. CASE OF DEFERRED AND LEGAL CONSEQUENCES The BUYER(Customers) accepts, declares and undertakes that he/she will pay interest within the framework of the credit card agreement between the cardholder bank and the bank and be liable to the bank in case of default in the case of making the payment transactions with a credit card. In this case, the relevant bank may take legal action; may claim the costs and attorney’s fees to arise from the BUYER, and in any case, if the BUYER(Customers) defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER(Goreme Jewelry) due to the delayed performance of the debt.
12. COMPETENT COURT Complaints and objections in disputes arising from this contract, consumer problems in the place of residence of the consumer or where the consumer transaction is made, within the monetary limits specified in the law below, will be made to the arbitral tribunal or the consumer court. Information on the monetary limit is below: Effective from 28/05/2014: a) District consumer arbitration committees in disputes whose value is less than 2,000,00 (two thousand) TL, pursuant to Article 68 of the Law No. 6502 on the Protection of Consumers, b) Provincial consumer arbitration committees in disputes whose value is less than 3,000,00 (three thousand) TL, c) In the provinces with metropolitan status, applications are made to the provincial consumer arbitration committees in disputes with a value between 2,000,00 (two thousand) TL and 3,000,00 (three thousand) TL.This Agreement is made for commercial purposes.
13. ENFORCEMENT When the BUYER(Customers) makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER(Goreme Jewelry) is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER(Customers) on the site before the order is fulfilled.
SELLER(Customers) BUYER(Goreme Jewelry)
