Distance Selling Agreement
Article 1 - Parties to the Agreement:
SALES PERSON:
İlcan Jewelery Tourism Industry Trade Limited Company
Address: Halkalı Merkez, Mahmutbey Cd. No:17 D:B, 34303 Küçükçekmece/İstanbul
Phone: 0850 307 3801
BUYER:
Customer
Article 2 - Subject of the Agreement
The subject of this contract is the Consumer Protection Law No. 6502 and the Distance Transaction Law No. 29188, regarding the sale and delivery of goods/services that the Buyer orders electronically from the Seller's website www.Cagdaskuyumculuk.com, that have the qualifications mentioned in the contract and whose sales price is specified in the contract. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Contracts Regulation. The preliminary information and invoice on the payment page of www.Cagdaskuyumculuk.com are integral parts of this agreement.
Article 3 - Contract Date:
These two copies of the contract, previously signed by the seller, have been signed and accepted by the buyer on ....
Article 4 - Delivery of Goods or Services, Place of Performance of the Contract and Method of Delivery:
The goods/service will be delivered to .... at the address where the buyer has requested delivery.
Article 5 - Delivery Costs and Performance:
Delivery costs belong to the Buyer. If the seller has declared on the website that the delivery fee will be covered by the seller for those who shop more than the declared amount or that he will provide free delivery within the scope of the campaign, the delivery cost belongs to the seller. Delivery; It is done as soon as possible after the stock is available and the price of the goods is transferred to the seller's account. The seller delivers the goods/services within 30 (thirty) days from the order of the goods/services and reserves the right to extend the period for an additional 10 (ten) days with written notification within this period. If the price of goods/services is not paid for any reason or is canceled in bank records, the seller is deemed to be free from the obligation to deliver the goods/services.
Article 6 - Payment at the Door Fee:
Cash on delivery service is a payment option provided by the cargo company. You can choose the payment system as cash on delivery for your purchases via Cagdaskuyumculuk.com. The service fee for payment at the door is 10 TL per order. You can receive your products by paying your shopping amount and 10 TL additional service fee to the courier who comes to your door. In case of product return, the additional service fee paid at the door is not refunded. The seller cannot be held responsible for this fee.
Article 7 - Buyer's Declarations and Commitments:
The Buyer declares that he/she has read and informed the preliminary information uploaded by the Seller regarding the basic characteristics of the Goods/Service subject to the Contract on the Website, the sales price and payment method, and the delivery and cargo cost, and has given the necessary confirmation electronically. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer shall obtain the address that must be given to the Buyer by the Seller before the conclusion of distance contracts, the basic features of the Goods/Service ordered, the price of the Goods/Service including taxes, payment and delivery. He also confirms that he has obtained the delivery price information accurately and completely. Without inspecting the Goods/Service subject to the Contract before receiving it; damaged, broken, packaging torn, etc. In case of receiving damaged and defective goods/services from the cargo company, the responsibility rests entirely with the customer. The Goods/Service received by the Buyer from the cargo company officer will be deemed to be undamaged and intact. After delivery, the responsibility for the Goods/Service and any damages belong to the Buyer. After the delivery of the Goods/Service, if the relevant bank or financial institution does not pay the price of the Goods/Service to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, which is not due to the Buyer's fault, the Buyer shall not be delivered to him/her. is obliged to return the Goods/Service to the Seller within 3 (three) days. In this case, delivery expenses belong to the Buyer. The Buyer accepts and declares that it will not hold the Seller responsible for the paid products delivered to it by the Seller as per the promotion or campaign, and that the product manufacturer is solely responsible for all claims.
Article 8 - Seller's Declarations and Commitments
The seller is responsible for delivering the goods/services subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any. If the goods/services subject to the contract will be delivered to a person/organization other than the buyer, the seller cannot be held responsible if the person/organization to be delivered does not accept the delivery. The seller returns the price of goods/services and valuable documents, if any, within 14 (fourteen) days after receiving the declaration of withdrawal. For justified reasons, the seller may supply goods/services of equal quality and price to the buyer before the contractual performance period expires. If the seller thinks that the performance of the goods/service has become impossible, he notifies the buyer before the performance period of the contract expires. The paid price and documents, if any, are returned within 14 (fourteen) days. Defective or defective goods/services, whether or not goods/services sold with a warranty certificate, can be sent to the seller for the necessary repairs within the warranty conditions, in which case the delivery expenses will be covered by the seller.
Article 9 - Characteristics of the Goods or Services Subject to the Contract:
The type and type of goods/service, quantity, brand/model, color and sales price, including all taxes, are as stated in the invoice, which is considered an integral part of this contract.
Article 10 - Cash Price of Goods or Services:
The cash price of the goods/service is included in the sample invoice e-mailed at the end of the order and in the invoice sent to the customer along with the product.
Article 11 - Forward Price
The price of the goods/service according to the sales price and maturity is included in the sample invoice e-mailed at the end of the order and the invoice sent to the customer along with the product.
Article 12 - Interest
It cannot be more than the interest rate determined by the Government of the Republic of Turkey every year and in any case cannot be more than 30%. The buyer is solely responsible to the bank he works with.
Article 13 - Payment Plan:
If the buyer makes a purchase by credit card and in installments, the installment method he/she chooses from the site is valid. In installment transactions, the relevant provisions of the contract signed between the buyer and the cardholder bank are valid. The credit card payment date is determined by the terms of the contract between the bank and the buyer. The Buyer can also follow the number of installments and payments from the account statement sent by the bank. The Buyer is exclusively responsible for the payment recipient bank.
Article 14 - Right of Withdrawal:
The Buyer may return the Goods/Services purchased within 14 (fourteen) days from the delivery date by exercising the right of withdrawal, without assuming any legal or criminal liability and without giving any justification.
In case the right of withdrawal is exercised:
a) The Buyer sends the Goods back to the Seller within 10 (ten) days after exercising his right of withdrawal.
b) Within the scope of the right of withdrawal, the Goods box, packaging and standard accessories, if any, must be returned along with the other products given as a gift, complete and undamaged. When returning the goods to the Seller, the original invoice submitted to the Buyer during the delivery of the goods must also be returned by the Buyer. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded.
c) Within 14 (fourteen) days following the exercise of the right of withdrawal, the cost of the goods will be refunded to the Buyer in the same manner as paid by the Buyer.
The buyer is obliged to open a request in the seller's return and exchange system for the goods to be returned. In return and exchange transactions, return shipping costs and exchange shipping costs belong to the Buyer. In addition, the Seller is not responsible for any damage the product may suffer during the shipping process. If the right of withdrawal is exercised after the order confirmation is given until the delivery of the goods, the Buyer will be responsible for the return shipping fee. In return transactions, shipping costs paid for the delivery of the order cannot be refunded.
Article 15 - Situations in which the Right of Withdrawal Cannot Be Used:
The right of withdrawal cannot be used in the following cases:
a) In contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller,
b) In contracts regarding the delivery of goods prepared in line with the wishes of the consumer or clearly his personal needs, which are not suitable for return due to their nature and are in danger of rapid deterioration or are likely to expire,
c) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; In contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene,
d) In contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature,
e) In contracts regarding books, audio or video recordings, software programs and computer consumables offered in tangible form, provided that the protective elements such as packaging, tape, seal and package have been opened by the consumer,
f) In contracts regarding the performance of services related to betting and lottery,
g) In contracts regarding services whose performance started with the approval of the consumer before the right of withdrawal expires,
h) In contracts regarding services performed instantly in the electronic environment and intangible goods delivered instantly to the consumer, and if the Goods/Service subject to the contract consists of types of Goods/Services that are excluded from the scope of application of the Distance Contracts Regulation, the legal relationship between the Buyer and the Seller is Distance Contracts. The right of withdrawal cannot be exercised due to the non-application of the provisions of the Regulation.
Article 16 - Event of Default and Its Legal Consequences:
If the buyer defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action; may demand the costs and attorney's fees incurred from the buyer, and under any circumstances, in case of default due to the buyer's debt, the buyer agrees to pay the seller's losses and damages due to the delayed performance of the debt.
Article 17 - Resolution of Disputes:
In the implementation of this Distance Sales Agreement, Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchased the Goods or Services and where he resides are authorized, up to the value declared by the Ministry of Industry and Trade. 68th of the Law on Consumer Protection No. 6502. District/province consumer arbitration committees are authorized for consumer requests in line with the lower and upper limits specified in the first paragraph of the article.
Article 19 - Invoice issued to the Merchant and Current Account Transfer Approval:
In case the Buyer, who created the order in this contract, wants to issue the invoice not in his own name and account but on behalf of a third company and/or legal entity (including a real person trader with this phrase); The Buyer confirms the accuracy of the invoice information provided, the invoice amounts and debt amounts to be issued in the name of the Buyer in the current account, that the Buyer approves the transfer to the current account of the company and/or legal entity declared by the Buyer, and that, in accordance with the provisions of the assignment of the receivable, the debt is paid with the commercial name and tax number declared by the Buyer. declares that he/she accepts it to be issued on behalf of the company/legal entity. The Buyer agrees to indemnify the Seller for all material and moral damages arising from this transaction and the liability that may arise if the trade name, tax office and number, and address information of the company and/or legal entity to which the Buyer declares the invoice information are incorrect and the relevant company/legal entity does not accept the debt. declares and undertakes irrevocably. In this case, since the Buyer is not a consumer, the provisions of the Code of Obligations and the Commercial Code will apply.
This Agreement, consisting of 19 (nineteen) articles, was read by the Parties and concluded and entered into force by being approved electronically by the Buyer on .../.../20...
SALES PERSON:
İlcan Jewelery Tourism Industry Trade Limited Company
Address: Halkalı Merkez, Mahmutbey Cd. No:17 D:B, 34303 Küçükçekmece/İstanbul
Phone: 0850 307 3801
BUYER:
Customer
Article 2 - Subject of the Agreement
The subject of this contract is the Consumer Protection Law No. 6502 and the Distance Transaction Law No. 29188, regarding the sale and delivery of goods/services that the Buyer orders electronically from the Seller's website www.Cagdaskuyumculuk.com, that have the qualifications mentioned in the contract and whose sales price is specified in the contract. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Contracts Regulation. The preliminary information and invoice on the payment page of www.Cagdaskuyumculuk.com are integral parts of this agreement.
Article 3 - Contract Date:
These two copies of the contract, previously signed by the seller, have been signed and accepted by the buyer on ....
Article 4 - Delivery of Goods or Services, Place of Performance of the Contract and Method of Delivery:
The goods/service will be delivered to .... at the address where the buyer has requested delivery.
Article 5 - Delivery Costs and Performance:
Delivery costs belong to the Buyer. If the seller has declared on the website that the delivery fee will be covered by the seller for those who shop more than the declared amount or that he will provide free delivery within the scope of the campaign, the delivery cost belongs to the seller. Delivery; It is done as soon as possible after the stock is available and the price of the goods is transferred to the seller's account. The seller delivers the goods/services within 30 (thirty) days from the order of the goods/services and reserves the right to extend the period for an additional 10 (ten) days with written notification within this period. If the price of goods/services is not paid for any reason or is canceled in bank records, the seller is deemed to be free from the obligation to deliver the goods/services.
Article 6 - Payment at the Door Fee:
Cash on delivery service is a payment option provided by the cargo company. You can choose the payment system as cash on delivery for your purchases via Cagdaskuyumculuk.com. The service fee for payment at the door is 10 TL per order. You can receive your products by paying your shopping amount and 10 TL additional service fee to the courier who comes to your door. In case of product return, the additional service fee paid at the door is not refunded. The seller cannot be held responsible for this fee.
Article 7 - Buyer's Declarations and Commitments:
The Buyer declares that he/she has read and informed the preliminary information uploaded by the Seller regarding the basic characteristics of the Goods/Service subject to the Contract on the Website, the sales price and payment method, and the delivery and cargo cost, and has given the necessary confirmation electronically. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer shall obtain the address that must be given to the Buyer by the Seller before the conclusion of distance contracts, the basic features of the Goods/Service ordered, the price of the Goods/Service including taxes, payment and delivery. He also confirms that he has obtained the delivery price information accurately and completely. Without inspecting the Goods/Service subject to the Contract before receiving it; damaged, broken, packaging torn, etc. In case of receiving damaged and defective goods/services from the cargo company, the responsibility rests entirely with the customer. The Goods/Service received by the Buyer from the cargo company officer will be deemed to be undamaged and intact. After delivery, the responsibility for the Goods/Service and any damages belong to the Buyer. After the delivery of the Goods/Service, if the relevant bank or financial institution does not pay the price of the Goods/Service to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, which is not due to the Buyer's fault, the Buyer shall not be delivered to him/her. is obliged to return the Goods/Service to the Seller within 3 (three) days. In this case, delivery expenses belong to the Buyer. The Buyer accepts and declares that it will not hold the Seller responsible for the paid products delivered to it by the Seller as per the promotion or campaign, and that the product manufacturer is solely responsible for all claims.
Article 8 - Seller's Declarations and Commitments
The seller is responsible for delivering the goods/services subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any. If the goods/services subject to the contract will be delivered to a person/organization other than the buyer, the seller cannot be held responsible if the person/organization to be delivered does not accept the delivery. The seller returns the price of goods/services and valuable documents, if any, within 14 (fourteen) days after receiving the declaration of withdrawal. For justified reasons, the seller may supply goods/services of equal quality and price to the buyer before the contractual performance period expires. If the seller thinks that the performance of the goods/service has become impossible, he notifies the buyer before the performance period of the contract expires. The paid price and documents, if any, are returned within 14 (fourteen) days. Defective or defective goods/services, whether or not goods/services sold with a warranty certificate, can be sent to the seller for the necessary repairs within the warranty conditions, in which case the delivery expenses will be covered by the seller.
Article 9 - Characteristics of the Goods or Services Subject to the Contract:
The type and type of goods/service, quantity, brand/model, color and sales price, including all taxes, are as stated in the invoice, which is considered an integral part of this contract.
Article 10 - Cash Price of Goods or Services:
The cash price of the goods/service is included in the sample invoice e-mailed at the end of the order and in the invoice sent to the customer along with the product.
Article 11 - Forward Price
The price of the goods/service according to the sales price and maturity is included in the sample invoice e-mailed at the end of the order and the invoice sent to the customer along with the product.
Article 12 - Interest
It cannot be more than the interest rate determined by the Government of the Republic of Turkey every year and in any case cannot be more than 30%. The buyer is solely responsible to the bank he works with.
Article 13 - Payment Plan:
If the buyer makes a purchase by credit card and in installments, the installment method he/she chooses from the site is valid. In installment transactions, the relevant provisions of the contract signed between the buyer and the cardholder bank are valid. The credit card payment date is determined by the terms of the contract between the bank and the buyer. The Buyer can also follow the number of installments and payments from the account statement sent by the bank. The Buyer is exclusively responsible for the payment recipient bank.
Article 14 - Right of Withdrawal:
The Buyer may return the Goods/Services purchased within 14 (fourteen) days from the delivery date by exercising the right of withdrawal, without assuming any legal or criminal liability and without giving any justification.
In case the right of withdrawal is exercised:
a) The Buyer sends the Goods back to the Seller within 10 (ten) days after exercising his right of withdrawal.
b) Within the scope of the right of withdrawal, the Goods box, packaging and standard accessories, if any, must be returned along with the other products given as a gift, complete and undamaged. When returning the goods to the Seller, the original invoice submitted to the Buyer during the delivery of the goods must also be returned by the Buyer. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded.
c) Within 14 (fourteen) days following the exercise of the right of withdrawal, the cost of the goods will be refunded to the Buyer in the same manner as paid by the Buyer.
The buyer is obliged to open a request in the seller's return and exchange system for the goods to be returned. In return and exchange transactions, return shipping costs and exchange shipping costs belong to the Buyer. In addition, the Seller is not responsible for any damage the product may suffer during the shipping process. If the right of withdrawal is exercised after the order confirmation is given until the delivery of the goods, the Buyer will be responsible for the return shipping fee. In return transactions, shipping costs paid for the delivery of the order cannot be refunded.
Article 15 - Situations in which the Right of Withdrawal Cannot Be Used:
The right of withdrawal cannot be used in the following cases:
a) In contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller,
b) In contracts regarding the delivery of goods prepared in line with the wishes of the consumer or clearly his personal needs, which are not suitable for return due to their nature and are in danger of rapid deterioration or are likely to expire,
c) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; In contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene,
d) In contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature,
e) In contracts regarding books, audio or video recordings, software programs and computer consumables offered in tangible form, provided that the protective elements such as packaging, tape, seal and package have been opened by the consumer,
f) In contracts regarding the performance of services related to betting and lottery,
g) In contracts regarding services whose performance started with the approval of the consumer before the right of withdrawal expires,
h) In contracts regarding services performed instantly in the electronic environment and intangible goods delivered instantly to the consumer, and if the Goods/Service subject to the contract consists of types of Goods/Services that are excluded from the scope of application of the Distance Contracts Regulation, the legal relationship between the Buyer and the Seller is Distance Contracts. The right of withdrawal cannot be exercised due to the non-application of the provisions of the Regulation.
Article 16 - Event of Default and Its Legal Consequences:
If the buyer defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action; may demand the costs and attorney's fees incurred from the buyer, and under any circumstances, in case of default due to the buyer's debt, the buyer agrees to pay the seller's losses and damages due to the delayed performance of the debt.
Article 17 - Resolution of Disputes:
In the implementation of this Distance Sales Agreement, Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchased the Goods or Services and where he resides are authorized, up to the value declared by the Ministry of Industry and Trade. 68th of the Law on Consumer Protection No. 6502. District/province consumer arbitration committees are authorized for consumer requests in line with the lower and upper limits specified in the first paragraph of the article.
Article 19 - Invoice issued to the Merchant and Current Account Transfer Approval:
In case the Buyer, who created the order in this contract, wants to issue the invoice not in his own name and account but on behalf of a third company and/or legal entity (including a real person trader with this phrase); The Buyer confirms the accuracy of the invoice information provided, the invoice amounts and debt amounts to be issued in the name of the Buyer in the current account, that the Buyer approves the transfer to the current account of the company and/or legal entity declared by the Buyer, and that, in accordance with the provisions of the assignment of the receivable, the debt is paid with the commercial name and tax number declared by the Buyer. declares that he/she accepts it to be issued on behalf of the company/legal entity. The Buyer agrees to indemnify the Seller for all material and moral damages arising from this transaction and the liability that may arise if the trade name, tax office and number, and address information of the company and/or legal entity to which the Buyer declares the invoice information are incorrect and the relevant company/legal entity does not accept the debt. declares and undertakes irrevocably. In this case, since the Buyer is not a consumer, the provisions of the Code of Obligations and the Commercial Code will apply.
This Agreement, consisting of 19 (nineteen) articles, was read by the Parties and concluded and entered into force by being approved electronically by the Buyer on .../.../20...