Distance Sales Agreement
1. PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions stated below.
A. BUYER; hereafter referred to as "BUYER" in the contract)
B. SELLER; hereafter referred to as "SELLER" in the contract)
Trade name: Saras Gümüş Tasarım Sanayi Ticaret Limited Şirketi
Address: Barbaros Mah. Gazi Mustafa Kemal Blv. Shell Petrol Istasyonu No: 484 Yenişehir/ Mersin
By accepting this contract, the BUYER accepts in advance that if the BUYER proceeds with the order, the BUYER will be under the obligation to pay the price subject to the order and, if any, additional charges such as shipping fee, tax, and that she/he has been informed about it.
2. DEFINITIONS
In the implementation and interpretation of this contract, the terms written below will refer to the written explanations.
SERVICE: All kinds of consumer transactions such as providing goods that are produced or committed to be produced in return for a fee,
SELLER: A company that offers goods to the consumer within the scope of its commercial or professional activities or acts on its behalf or account,
BUYER: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
SITE: SELLER's website,
ORDERING PARTY: A real or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods subject to shopping prepared for sale 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 in Turkey regarding the sale and delivery of the product whose qualities and sales price are specified below, which the BUYER has ordered electronically on the website of the SELLER.
The prices listed and announced on the site are the sales price. 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.
4. SELLER INFORMATION
Trade name: Saras Silver Design Industry Trade Limited Company (Saras Gümüş Tasarım Sanayi Ticaret Limited Şirketi)
Address: Barbaros Mah. Gazi Mustafa Kemal Blv. Shell Petrol Istasyonu No: 484 Yenişehir/ Mersin
Telephone: +90 542 775 39 35
Email: info@sarasjewels.com
5. RECIPIENT INFORMATION:
Recipient name:
Delivery address:
Telephone:
Email:
6. BUYER INFORMATION
Name / Surname / Title:
Address:
Telephone:
Email / username:
7. SUBJECT PRODUCT / PRODUCTS INFORMATION
7.1. The type, quantity, brand / model, color, number of the basic features of the good / product / product / service are published on the website of the SELLER.
7.2. The prices listed and announced on the site are the sales price. 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. If a campaign is organized by the SELLER, the discount code cannot be applied to the products in the "discounted products" category and cannot be combined with different campaigns. The SELLER reserves the right to change the discount conditions within the scope of each campaign.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown.
Product description, price, subtotal (Including VAT):
Shipping fee:
Total amount:
Payment method and plan: Credit card, Wire/EFT
Delivery address:
Recipient name:
Billing address
Order date:
Delivery date:
Delivery method: Yurtiçi Kargo or MNG Kargo (for domestic), DHL (for international)
7.4. Shipping fee is paid by the BUYER.
8. INVOICE INFORMATION
Name / Surname / Title:
Identity Number (for Turkey) / Tax ID Number:
Address:
Telephone:
Email:
Invoice delivery: Your invoices will be issued electronically as e-invoice and will be sent to your email address.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics of the product subject to the contract, the sales price and the payment method and the delivery on the website of the SELLER and gives the necessary confirmation electronically. BUYER'S; Confirming the preliminary information electronically, before the establishment of the distance sales contract, the address to be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, and the payment and delivery information are accepted, declared and committed.
9.2. Each product subject to the contract is delivered to the person and / or organization at the address indicated by the BUYER or BUYER within the period specified in the preliminary information 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 product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER shall deliver the product subject to the contract complete, in accordance with the qualifications specified in the order and with the information and documents required by the work, if any, the warranty documents, user manuals, and to perform the work in accordance with the principles of integrity and honesty in accordance with the requirements of the legal legislation without any defects. to protect and increase the service quality, to show the necessary attention and care during the performance of the work, to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining its explicit approval before the contractual performance obligation expires.
9.5. If the SELLER fails to fulfill the contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, the SELLER accepts, declares and undertakes that it will notify the consumer in writing within 3 days from the date of learning and return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the contractual product, and if the contractual product price is not paid for any reason and / or is cancelled in the bank records, the SELLER's obligation to deliver the contractual product will end.
9.7. 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, if 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 the unauthorized use of the BUYER's credit card, the BUYER it accepts, declares and undertakes that it will return to the SELLER with the shipping costs to be borne by the SELLER.
9.8. The SELLER accepts, declares and undertakes that it will notify the BUYER if it 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 BUYER also has the right to demand from the SELLER to cancel the order, to replace the product subject to the contract with a precedent, and / or to postpone the delivery period until the obstacle is eliminated. In the event that the order is cancelled by the BUYER, the amount of the product will be paid to him in cash and in lump sum within 14 days in the payments made by the BUYER in cash. For the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is cancelled by the BUYER. The BUYER accepts that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER account by the bank may take 2 to 3 weeks, since the reflection of this amount to the BUYER's accounts after the return to the bank is completely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. By accepting this contract, the BUYER acknowledges and agrees that the SELLER may engage with the BUYER through the provided contact information regarding the product/order related queries.
9.10. The BUYER will inspect the contractual goods / service before receiving it; crushed, broken, torn packaging, etc. will not receive the damaged and defective goods / services from the cargo company. The delivered goods / services will be deemed undamaged and intact. The obligation to protect the goods / services after delivery belongs to the BUYER. If the right of withdrawal will be used, the goods / services should not be used. The invoice must be returned.
9.11. In the event that the credit card used during the order is not the same person or a security gap is detected in the credit card used in the order, the SELLER can request the BUYER to submit a letter stating that the credit card belongs to him / her. 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.
9.12. The BUYER declares and undertakes that the personal and other information given while signing up to the website of the SELLER is in accordance with the truth, and that the BUYER will compensate all damages that the SELLER may incur due to the falsehood of this information, immediately, in cash and at once upon the notification by the SELLER.
9.13. The BUYER accepts and undertakes to comply with the provisions of the legal regulations and not to violate them while using the website of the SELLER. Otherwise, all legal and penal obligations that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER cannot use SELLER's website in a way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, infringing on the material and moral rights of others. In addition, activities that prevent or make it difficult for other members to use the services are spam, virus, trojan horse, etc. can not make transactions.
9.15. On the website of the SELLER, links may be given 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. 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.
9.16. The member who violates one or more of the articles listed in this contract 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 conflict is referred to the legal due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. For international orders (outside Turkey), since returns and exchanges are not accepted, right of withdrawal from a purchase is not applicable, all sales are final. For domestic orders (from Turkey only), the BUYER may use the right to withdraw from the contract by refusing the product without any legal and criminal liability and without any justification, provided that the product is delivered to itself or to the person / organization at the address indicated, within 14 fourteen days, provided that the SELLER is notified. In distance contracts for service provision, this period starts from the date the contract is signed. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts that are initiated with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER. The BUYER accepts in advance that he has been informed about the right of withdrawal by accepting this contract.
10.2. In order to use the right of withdrawal, a written notification must be made to the SELLER by registered mail or e-mail within 14 (fourteen) days and the product must not be used within the framework of the provisions of "Products that are Out of Scope for the Right of Withdrawal" set forth in this contract.
a The invoice of the product delivered to the 3rd party or the BUYER must be present while returning the product(s). Order returns whose invoices are issued on behalf of institutions will not 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 is obliged to return the total price and the documents that put the BUYER under debt within 10 days from the receipt of the withdrawal notice to the BUYER and accept the return of the goods within 20 days.
e If there is a decrease in the value of the goods due to a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is liable to compensate the damages of the SELLER at the rate of his fault.
f If the campaign limit amount set by the SELLER is decreased due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.
g The remaining amount is transferred to the credit card or bank account of the BUYER after deducting the costs such as shipping and gift package from the total amount paid.
11.PRODUCTS THAT ARE OUT OF SCOPE FOR THE RIGHT OF WITHDRAWAL
Custom made products and tailored products (color or size change) as per the request of the BUYER are out of scope for the right of withdrawal.
It is not possible to return or exchange earrings and ear cuffs for hygiene reasons.
Returned products must not be used. Returns of products that are not resellable due to user fault, such as damaged as a result of impact or fall, perfume or skin odor, or color or stone deformation will not be accepted.
In order for the refund to be made, the product must be sent in its original package with all the documents, packaging, and promotional gifts.
12. CONFLICT AND LEGAL PROCEEDINGS
Turkish law applies to all contracts and agreements between the BUYER and SELLER.
The BUYER agrees, declares and undertakes that in the event that he/she defaults the credit card payment, the liabilities will be resolved between the BUYER and the BUYER's bank within the framework of the credit card agreement with the bank. In this case, the relevant bank may take legal action; The BUYER accepts, declares and undertakes that in case the BUYER defaults the debt, the BUYER will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
13. ENFORCEMENT
When the BUYER makes the payment for an order on SELLER's website, it is deemed that the BUYER has accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER before the order is placed.
SELLER: Saras Silver Design Industry Trade Limited Company (Saras Gümüş Tasarım Sanayi Ticaret Limited Şirketi)
BUYER:
TRANSACTION DATE: