DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES
Title : KOMPLAST OGUZHAN MORKAN
Address : iosb mah. Biksan san. Sitesi D blok No:50
Telephone: +90 212 671 66 80
Mobile : +90 536 704 5470
E- mail : email@example.com
Bank Account : TR09 0020 5000 0954 0772 1000 01
Name, Surname /
E- mail :
ARTICLE 2 – SUBJECT
This Distant Sales Agreement ( ” Agreement “), subject to the Purchaser’s application on the mobile phone, WhatsApp line with the process of his states to cover the seller I www.feyzanjewellery.co of the electronic commerce website (hereinafter all of the channels listed above It will be referred to as the ” Internet Site” ).) Regarding the sale and delivery of the product whose qualifications and sales price are specified below, which are ordered electronically, in accordance with the provisions of the Law on the Protection of Consumers No. 6502 published in the Official Gazette on 27.11.2014 and the Regulation on Distance Contracts is the determination of their rights and obligations.
Buyer, seller’s name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes , payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the “withdrawal” right and how to use this right, official authorities etc. where they can submit their complaints and objections. It accepts and declares in accordance with the provisions of this contract that it is clearly, understandable and informed by the seller in accordance with the internet environment (e-commerce site), confirms this preliminary information electronically and then orders the goods.
By accepting this Distance Sales Contract, the Buyer accepts in advance that if the contract subject confirms the order, he is under the obligation to pay the additional fees specified, such as the price subject to the order and the shipping fee, tax, if any, and that he is informed about it.
ARTICLE 3 – THE PRODUCT SUBJECT TO THE CONTRACT
Commodity / product / products / services of the basic features ( Yiwu , quantity, brand / model, color, number) Seller is located in of the Website. The prices listed and announced on the Website are the sales price including all taxes. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period. The person to be invoiced and the person making the contract must be the same. The information below must be correct and complete. The buyer accepts to fully compensate the damages arising from the situations where this information is not correct or incomplete, and also accepts any liability that may arise from this situation. The selling price of the contract goods or service, including all taxes, is shown in the table below.
Payment Method and Plan: CREDIT / DEBIT CARD / TRANSFER / EFT
Shipping Address :
Invoice Information :
Person to be Delivered :
Invoice Address :
E- Mail :
Order Date :
The seller reserves the right to suspend the order when it deems necessary and the information provided by the Buyer does not match the truth. In cases where the seller detects a problem in the order, if he cannot reach the Buyer from the telephone, e-mail and postal addresses given by the Buyer, he suspends the execution of the order for 15 ( fifteen ) days. The Buyer is expected to communicate with the Seller regarding the issue during this period. If no response is received from the Buyer within this period, the Seller cancels the order so that both parties are not harmed.
ARTICLE 4 – GENERAL PROVISIONS
4.1. It is forbidden by law for persons under the age of 18 to shop on the Website. People declare and accept that they are over the age of 18 by logging into the site and / or becoming a member.
4.2. Buyer, Seller of Internet Site of contract product’s basic characteristics, sales price and method of payment, delivery and Seller’s full business name, street address, and he read all the background information on the communication of information and electronic media agree that the necessary confirmation, statement and undertakes.
By confirming this Agreement, the Buyer confirms that he / she has correctly and completely received the address to be given to the consumer by the Seller before the conclusion of the distance contracts, the basic features of the ordered product, the price of the product, the payment and delivery information and the payment obligation if the order is approved.
4.3. Each product subject to the contract is delivered to the person and / or organization at the address indicated by the Buyer or the Buyer within the period specified in the delivery section on the website, depending on the distance of the Buyer’s place of residence, provided that it does not exceed the legal period of 30 days. If the consumer fails to fulfill its action within this period, the consumer may terminate the contract.
4.4. The seller shall deliver the product subject to the contract in full, in accordance with the specifications specified in the order, and with the information and documents required by the work, if any, the warranty documents, packaging, user manuals, and without any defects, in accordance with the requirements of the legal legislation and in accordance with the standards of integrity and honesty. It accepts, declares and undertakes to perform within the scope of the work, to maintain and increase the service quality, to show the necessary attention and care during the performance of the work, to act with prudence and foresight.
4.5. The Seller may supply a different product of equal quality and price by informing the Buyer and obtaining his express approval before the contractual performance obligation expires.
4.6. The TL amount including VAT (total installment amounts in installment transactions) of the products added to the shopping cart is processed through the posu of the relevant bank card after it is approved by the buyer. For this reason, an order confirmation mail is sent to the customer before the orders are shipped. No shipment is made without sending an order confirmation mail. Any disruption in the process or any problems that may arise regarding the credit card are notified to the buyer by one or more of the telephone / fax / e-mail channels specified in the contract. If necessary, the buyer may be asked to meet with his bank.
4.7. The processing time of the orders is not the moment when the order is placed, but the date when the required collection is made from the credit card account or the transfer / EFT reaches the Seller’s accounts. Orders that are not transferred within two business days of the order date will be canceled. Payment methods such as paid delivery or postal check without consulting customer service are not accepted.
4.8. The seller does not keep the stock of all the products offered for sale on the Site and mobile application. Ordered products are produced when deemed necessary. In the event that it is understood that the goods subject to the contract cannot be supplied for an exceptionally just cause and / or if there is a stock problem, the Buyer is immediately informed and approved, the Buyer may send another product of equal quality and price or in line with the Buyer’s desire and choice; Another new product may be sent, the product may be expected to enter the stocks or the other obstacle preventing delivery may be removed and / or the order may be canceled. In the event of cancellation of the order, if the order was placed using a credit card, if the credit card was given via Money Order / EFT, any penalty, interest, etc. to the bank account. it accepts, declares and undertakes that it will return it exactly.
4.9. The seller agrees, declares and undertakes that if the seller cannot deliver the product subject to the contract within the period due to force majeure situations such as the occurrence of unforeseen, unpredictable and preventing and / or delaying the fulfillment of the debts of the parties, the seller will notify the Buyer. In this case, the Buyer may request that the order be canceled, the product subject to the Contract be replaced with a precedent, and / or the delivery time is postponed until the obstacle is removed. If the buyer cancels the order, the amount paid is paid to him in cash and in lump sum within 10 (ten) days. In such a case, the Buyer will not claim any additional material and moral damage from the Seller .
In the payments made by the Buyer with credit card, debit card and / or debit card and other payment systems offered on the Website, the product amount is returned to the relevant bank within 7 (seven) days after the order is canceled by the Buyer. 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, since the reflection of this amount on the Buyer’s accounts after the return to the bank is entirely related to the bank transaction process, the Buyer will inform the Seller for possible delays. It accepts, declares and undertakes that it cannot be held responsible.
4.10. The Buyer accepts, declares and undertakes that he will confirm this Agreement electronically for the delivery of the contractual product, and if the contractual product price is not paid and / or canceled in the bank records for any reason, the Seller’s obligation to deliver the contractual product will end.
4.11. In the event that the price of the product subject to the contract is not paid to the Seller by the relevant bank or financial institution as a result of unauthorized use of the credit card belonging to the Buyer after the delivery of the product subject to the Contract to the person and / or organization at the address indicated by the Buyer or the Buyer , It accepts, declares and undertakes that it will return it to the Seller within 3 days, shipping costs to be borne by the Buyer . The consumer or the third party is obliged to send the invoice, delivery note, certificate, insurance forms, product box, packaging and all other documents and materials sent to him, together with the product return, to the Seller in full . The VAT and other legal obligations, if any, of the products that are not signed and sent by filling in the return information fields on the invoice will not be refunded. During the return shipment, the responsibility for any deterioration, damage or any other degrading situation that occurs in the documents and materials sent with the product and the product due to the reasons arising from the cargo companies or the Consumer performing the return transaction belongs to the Consumer who made the return . The product price is returned to the Consumer within 7 days following the receipt of these documents .
4.12. Communication, marketing by letter, e-mail, SMS, phone call and other means over the address, e-mail address, fixed and mobile phone lines and other contact information of the Buyer specified in the registration form by the Seller on the site or updated by him later, has the right to reach the Buyer for notification and other purposes. By accepting this Agreement, the Buyer accepts and declares that the Seller may engage in the above mentioned communication activities.
4.13 . The buyer accepts, declares and undertakes that his shopping on the website is for personal use and does not shop for any commercial purpose. In the event that the Buyer sells the products purchased on the Internet Site to others for commercial purposes or it is determined that the buyer has made a commercial profit from the purchased product, the Seller reserves all kinds of compensation and other rights due to unfair use. The Buyer accepts and declares that this situation is an act contrary to the Industrial Property Law.
4.14. While using the website , the buyer accepts and undertakes to comply with the provisions of the legal legislation and not to violate them. The Seller cannot be held liable, directly and / or indirectly, for any damages incurred or incurred by third parties as a result of the Buyer’s activities on the Website and / or during transactions and / or acts contrary to this Agreement and the law. Accepting, declaring and accepting that the Buyer has the right to recourse to the Buyer with all kinds of requests from the Buyer persons and / or public institutions in this context and the damages to be incurred by the Seller due to the Buyer’s failure to fulfill the obligations specified in the Contract or the relevant legislation. undertakes.
4.15. In all transactions to be carried out by the Buyer, this Agreement and the conditions that may be published from time to time on the Website and the law, morality and good manners, will comply with the principles of honesty, act that may prevent the functioning of the website by any method, and will not engage in acts that violate or threaten the rights of third parties and undertakes.
4.16. The prices of the products offered for sale on the Website and the sales conditions applied are valid only for the website and not in the Seller’s stores or all other sales channels.
4.17. The seller is not responsible for price and content errors arising from typesetting and system errors, and the Buyer reserves the right to cancel or not to fulfill the incorrectly displayed orders.
4.18 . The buyer accepts, declares and undertakes that he / she assumes all responsibility and risk arising from the use of the website, the use of the services or the shared content.
4.19. At the time of delivery, in case of a damaged package; Damaged packages should not be received and a report should be submitted to the Cargo Company official. If the Cargo Company official thinks that the package is not damaged, the Buyer has the right to open the package there, check that the products have been delivered undamaged, and request that the situation be determined with a report. After the package is received by the Buyer, it is accepted that the Cargo Company has fulfilled its duty completely. If the package has not been accepted and the report has been kept, the situation should be reported to the seller Customer Service as soon as possible, together with the remaining copy of the report in the Buyer. The Seller declares and undertakes that the damage to the recorded goods / service will be paid within 45 days after the necessary documents are issued and the seller will not be liable for the loss that may occur after the receipt of the cargo authority (courier) against signature. The buyer accepts and undertakes that he undertakes the obligation to protect the goods / services with care after delivery.
4.20 . If the buyer and the credit card holder used during the order are not the same person, or if a security deficit is detected in the credit card used in the order before the product is delivered to the Buyer, the Seller shall provide the identity and contact information of the credit card holder, the credit card used in the order, the previous month’s statement. or request from the Buyer to submit a letter from the cardholder’s bank stating that the credit card belongs to him. The order will be frozen until the Buyer provides the information / documents subject to the request, and if the aforementioned requests are not met within 24 hours, the Seller has the right to cancel the order.
4.21 . If the buyer wishes to return the product he has received, he accepts and undertakes not to damage the product and its packaging in any way, and to return the original invoice, delivery note and warranty certificate at the time of return.
4.22. The Buyer agrees and undertakes to comply with the provisions of the legal legislation and not to violate them while using the Seller ‘s website. Otherwise, all legal and penal obligations that may arise will bind the Buyer completely and exclusively.
4.23. The Buyer may not use the Seller ‘s website in a way that disrupts public order, violates general morality, disturbs and harasses others, violates the material and moral rights of others, for an illegal purpose. In addition, members cannot engage in activities ( spam , virus, trojan horse, etc.) that prevent or make it difficult for others to use the services .
4.24. Links may be provided to other websites and / or other content that are not under the control of the Seller and / or owned and / or operated by other third parties on the website of the Seller . These links are provided for ease of orientation to the Buyer and do not support any website or the person operating the site and do not constitute any guarantee for the information contained in the linked website.
4.25. The Buyer who violates one or more of the articles listed in this Agreement will be personally and criminally responsible for this violation and will keep the Seller free from the legal and criminal consequences of these violations. Also; In the event that the event is referred to the legal field due to this violation, the Seller reserves the right to claim compensation from the Buyer for non-compliance with this Agreement.
4.26. The defective or defective products of the products sold with or without the warranty certificate can be sent to the Seller for the necessary repairs within the warranty terms , in this case the shipping costs will be borne by the Buyer.
4.27 . This Agreement becomes valid after it is accepted by the Buyer. If the order is approved, the Buyer is deemed to have accepted all the terms of this contract.
ARTICLE 5 – RIGHT OF WITHDRAWAL and RETURN
5.1. The Buyer has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product without any justification and without penalty .
However, legally, there is no right of withdrawal in contracts regarding the following goods / services, even if they are not used / benefited:
- a) Goods prepared or designed in line with the special requests of the Buyer or his personal needs, dimensions (those that are customized to the person / personal needs by making changes or additions in the original size or design, special items imported / procured domestically or abroad in accordance with the Buyer’s order. Products included )
- b) Cosmetics, etc., chocolate, etc. Perishable or expired goods such as foodstuffs,
- c) Goods whose protective elements such as packaging, tape, seal, package are opened after delivery and whose return is not suitable for health and hygiene ,
- d) Goods that are mixed with other products after delivery and cannot be separated by their nature,
- f) All services performed instantly in the electronic environment and all kinds of intangible goods delivered immediately to the consumer,
- g) Goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller / supplier,
- h) Services initiated within the right of withdrawal with the approval of the buyer and i) other goods and services generally considered outside the scope of distance sales pursuant to the relevant legislation, and cases where the Buyer makes purchases for commercial / professional purposes.
- j) In particular, for products that are specially prepared or designed in line with the Buyer’s wishes or personal needs, and for products that are customized by making any changes or additions to the original size or design in line with the Buyer’s request, the label, package or box The right of withdrawal cannot be exercised for damaged products or products that are not available for resale. For example; Products whose dimensions are changed according to the customer’s finger, products with special writings on it and any product whose certificate has been lost cannot be returned. The same conditions are also valid for the products to be changed.
5.2. Where the use of the right of withdrawal is possible, the Buyer is responsible by law for the changes and deteriorations that occur if the buyer does not use the goods in accordance with its functioning, technical features and instructions for use within the withdrawal period. Accordingly, if there is a change or deterioration due to the non-use of the Product in accordance with its instructions for use, technical specifications and functioning, the Buyer may lose the right of withdrawal; In cases accepted by the seller, a discount is made from the price of the Product to be returned, up to the change / deterioration.
5.3. In cases where there is a right of withdrawal, the Buyer is required to send a clear notification to the Seller in writing to the e-mail address firstname.lastname@example.org within a legal 14-day period . In the event that the said right is exercised in due time, the Product must be sent to the above address of the Seller , at the expense of the Buyer, within a maximum of three (3) days .
5.4. In this return process, the product must be delivered complete and undamaged with the box, invoice, certificate, packaging, standard accessories, if any. Products without an invoice will not be refunded. In addition, in accordance with the tax legislation, in addition to the cases where a Return Invoice is required by the Buyer by law, the following section on the return will be filled and signed on the invoice to be returned with the Product. Order returns that require a return invoice will not be accepted unless a Return Invoice is issued.
“The address to which the product will be returned, the address of the seller / the address of the shipping company delivered for return.”
5.5. Provided that the above-mentioned requirements are fulfilled by the Buyer , after the return is received, the quality expertise team of the Seller Company is examined whether the return conditions are fulfilled. If the return is approved, the product price and delivery costs to the Buyer, if any, will be returned to the Buyer in accordance with the payment instrument used when purchasing the product, within 10 business days. No refund will be made until the product is returned. Although the reflection of the refund amount on the credit card varies according to the banks, it may take 1 – 7 business days.
5.6. Damage that may occur in the documents and materials sent with the product and the product due to reasons arising from the cargo company or the Buyer performing the return process during the return shipment. Responsibility of all kinds of depreciating situations, all costs incurred, including shipping and insurance costs , belong to the Buyer who made the return.
ARTICLE 8- SHIPMENT / DELIVERY PROCEDURE
8.1. The product (s) will be delivered to the address of the buyer by cargo that the seller has agreed upon. Delivery time, Your orders will be delivered to the cargo within 1-3 working days (Monday-Friday) after the bank approval. According to the distance of the delivery address, the cargo company will deliver your order within 1-7 days.
8.2. Delivery times of special production products vary according to the production time. In case of a mishap caused by us, you will be notified based on your membership information. That’s why membership is complete and accurate information is important.
8.3. Delivery is not done on weekends and feast days.
8.4. Your order will be delivered insured by the cargo company and is under the responsibility and assurance of the Company until it is delivered to you.
8.5. The products you have purchased will be notified to you with a confirmation e-mail. If any of the products you have selected are not available in stock, an e-mail will be sent to you and you will be notified of the date when the product will enter the first stocks.
8.6 . It does not keep the stock of all the products it offers for sale on the site and mobile application. Ordered products are produced when deemed necessary. In the event that it is understood that the goods subject to the contract cannot be supplied for an exceptionally just cause and / or if there is a stock problem, the Buyer is immediately informed and approved by the Buyer, then another product of equal quality and price may be sent or in line with the Buyer’s desire and choice; Another new product may be sent, the product may be expected to enter the stocks or the other obstacle preventing delivery may be removed and / or the order may be canceled. In the event of cancellation of the order, if the order was placed using a credit card, if the credit card was given via Money Order / EFT, any penalty, interest, etc. to the bank account. it accepts, declares and undertakes that it will return it exactly.
8.7. The products are sent to the regions where the cargo companies do not deliver the address by phone notification.
8.8. In regions where the Cargo Company delivers once a week, in cases of inaccuracies and deficiencies in the shipping information, some social events and natural disasters may delay the specified day. Due to these delays, the buyer cannot bear any responsibility on the seller. If the product is to be delivered to a person / organization other than the Buyer, the Seller is not responsible for the extra shipping costs that may arise from the person / organization not accepting the delivery, inaccuracies in the shipping information and / or the Buyer’s not being in place. If the product / products did not reach the customer within the specified days, delivery problems should be reported immediately using the e-mail address email@example.com .
8.9. In case of damaged package; Damaged packages should not be received and a report should be submitted to the Cargo Company official. If the Cargo Company official thinks that the package is not damaged, the Buyer has the right to open the package there, to check that the products have been delivered undamaged, and to request that the situation be determined with a report. After the package is received by the Buyer, it is accepted that the Cargo Company has fulfilled its duty completely. If the package has not been accepted and the report has been kept, the situation should be reported to the seller Customer Service as soon as possible, together with the remaining copy of the report in the Buyer. The seller declares and undertakes that the damage of the recorded goods / service will be paid within 45 days after the necessary documents are issued and the seller will not be liable for the loss that may occur after the delivery of the cargo authority (courier) against signature and that is not kept . protection accepts and undertakes the debt.
ARTICLE 6- WARRANTY
Operating instructions on the proper use and cleaning products made in the following conditions against all types of manufacturing defects within 1 year warranty: Seller’s warranty liability applies only to consumers within the scope of Law No. 4077. For commercial business, the provisions of the Turkish Commercial Code will apply.
ARTICLE 7- PRIVACY AND PROTECTION OF PERSONAL DATA
The privacy rules-policy and conditions, whose current principles are set forth below, are valid for the protection, confidentiality, processing-use and communications and other issues on the Website.
7.1. The necessary precautions for the security of the information and transactions entered by the Buyer on the Website have been taken within the system infrastructure of the Seller, according to the information and the nature of the transaction, within the scope of today’s technical possibilities . However, since the information in question is entered from the Receiver device , it is the responsibility of the Buyer to take necessary measures, including those related to viruses and similar harmful applications, to protect them from the Buyer side and not to be accessed by unrelated persons .
7.2. In addition to the consent and approval of the personal data and commercial electronic communications provided by the Buyer in other ways ; Buyer ‘ s Internet Site the membership and the knowledge acquired during the purchase of Seller, including its group companies, and appropriate saw to third parties by the various products / provision of services and all kinds of information, advertising-promotion, communication, promotion , sales, marketing, store For electronic and other commercial-social communications to be made for card, credit card and membership applications, it can be recorded indefinitely or for a period of time, stored in printed / magnetic archives, updated, shared, transferred, transferred, used when necessary. and can be processed in other ways. These data can also be transmitted to the relevant Authorities and Courts when required by law. The buyer consents and allows the use, sharing, processing, and non-commercial and non-commercial electronic communications and other communications of his existing and new information, both non-personal and in accordance with the legislation on the protection of personal data and electronic commerce legislation.
7.3. The Buyer can always stop the data usage processing by reaching the Seller through the specified communication channels and / or the communication by legally accessing the same channels or by using the right of refusal in the electronic communications sent to him . According to the clear notification of the Buyer on this matter, personal data transactions and / or communications to the party are suspended within the legal maximum period; In addition, if he wishes, his information other than legally required and / or possible will be deleted from the data recording system or made anonymous in an anonymous way. If the recipient wishes, the transactions related to the processing of personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the emergence of a result against him by automatic systems, the data is against the law In case of damage due to processing, you can always contact the Seller through the above communication channels and get information. Applications and requests regarding these issues will be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.
7.4. Website all credit card transactions and check on their use of the Seller relating to the recipient as an independent bank, and the like Card and Payment Institutions in online is carried out (credit card “password” as the information is not seen by the seller and is not recorded)
7.5. The seller reserves the right to make any necessary changes in the above matters; These changes become valid from the moment they are announced by the Seller on the Website or by other appropriate methods.
ARTICLE 8 – DEFAULT AND LEGAL RESULTS
The buyer accepts, declares and undertakes that in the event of default in the transactions made with his credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and be liable to the bank. In this case, the relevant bank may apply for legal remedies; The Buyer accepts, declares and undertakes that in case the Buyer goes into default due to the debt, the Buyer accepts, declares and undertakes that he will pay the loss and damage suffered by the Seller due to the delayed performance of the debt .
ARTICLE 9 – AUTHORIZED COURT
In disputes related to this Agreement; Provincial or District Arbitration Committees for Consumer Problems where the Buyer purchases the product in the place of residence or where his / her residence is located up to the value declared by the Ministry of Customs and Trade every year, and the Consumer Courts are authorized in disputes over the said value. This Agreement is made for commercial purposes.
ARTICLE 10- ENFORCEMENT
In the event that the payment for the order placed on the Website is made, the Buyer will be deemed to have accepted all the terms of this Agreement. The seller is obliged to make software arrangements that will ensure that the Contract cannot be placed on the Website without obtaining confirmation that it has been read and accepted by the Buyer .
This Agreement is also sent to the above e-mail (mail) address notified by the Buyer to the Seller , and the confirmation that the order has been received is also included with the order summary in the said e-mail.
Name- Surname :