ARTICLE 1 – THE PARTIES
1.1 – SELLER
Title: AYSHE DIA Jewellery
Address: Bahçelievler Mahallesi 44. Sokak No:4/3 Çankaya/ANKARA
Telephone: 0533 436 35 35
Email address: email@example.com
1.2 – CUSTOMER
ARTICLE 2 – THE SUBJECT
The subject of this contract is the sale-delivery of the product(s) in accordance with the Law No 6502 Concerning the Protection of the Consumer and the Regulation of Distant Sales, concerning the sale and delivery of the product, the quality and selling price of the product(s) that is sold by the SELLER to the CUSTOMER over the seller’s website and the statement of the rights and obligations of the parties in this matter.
ARTICLE 3 – PRODUCT SUBJECT TO CONTRACT
3.1. Pursuant to this contract, CUSTOMER can purchase any seen, liked and electronically demanded product of which sales terms such as price, delivery and the other sales terms; and features such as type, amount, product code, make and model, color, sale value, payment method are specified on website. It is required to choose the kind, model, color, amount of the purchased product on website, transfer the shipment fee to the SELLER in accordance with the payment method stated on this contract, inform the SELLER about the delivery address, ship-to person and invoice address related to the product.
3.2. The kind, amount, make and model, color, quantity, selling price and delivery information and payment method of the product subject to contract are specified below:
Product Type :
Payment Method :
Delivery Address :
Delivery Person :
Billing Address :
While supplies last at main warehouse, the SELLER has the delivery liability.
ARTICLE 4 – DELIVERY OF THE PRODUCT
4.1. Any damage and defect responsibility for the products subject to this contract is transferred to the CUSTOMER after the SELLER has completed the transportation and delivery of the products.
4.2. Any courier expense in relation to transfer of the products subject to this contract belongs to the CUSTOMER.
4.3. CUSTOMER must notify only one address for delivery of the product and may add one more ship-to person name in addition to herself/himself. The delivery made to any person who has already notified by CUSTOMER is regarded as valid delivery and results in after-delivery terms. CUSTOMER hereby admits and declares that the person, who has been notified as additional ship-to person, is authorized to sign the contract during the delivery.
MADDE 5 – PAYMENT
5.1. Due price for the shopping committed on this website is PRODUCT PRICE + VAT (Value Added Tax) + SHIPPING COST.
5.2. In payments made by the CUSTOMER with a credit card, the product sum is returned to the relevant bank within 10 (ten) days after order cancellation by the CUSTOMER. The transfer of the product sum in CUSTOMER’s account after the refund of this sum to the bank is solely a bank process and the SELLER is unable to intervene with this process in any manner whatsoever. CUSTOMER accepts beforehand that the completion time of this transfer of the refunded sum to credit card may last 2-3 weeks in average.
5.3. CUSTOMER accepts beforehand that the SELLER shall abrogate all such rights arising from the law and cancel the transaction, terminate the user’s membership, the right to unilaterally terminate the sales contract immediately in case of a detection by SELLER in relation to any harm, unfair advantage, repeated applications, non-truthful acts, utilization of campaigns or sales although s/he doesn’t satisfy the requirements, such as exploitation of these conditions, taking advantage of SELLER’s sales system or website’s possible deficits (technical, etc.) caused by the CUSTOMER.
ARTICLE 6 – GENERAL PROVISIONS
6.1. The CUSTOMER hereby agrees, declares and pledges that it is aware of the basic qualities, sale prices, payment methods and delivery conditions of the product or products covered by sale as well as of any other preliminary information and that it confirms this preliminary information electronically and subsequently places an order for the Product or Products.
6.2. The product subject to the contract shall be delivered to the person/ institution at the address indicated in the preliminary information, depending on the distance of the customer’s place of residence for each product provided that the legal 30-day period is not exceeded.
6.3. If the product subject to the contract is to be delivered to another person or organization from the customer, the SELLER cannot be held liable for the person or organization to be delivered, because it does not accept the delivery.
6.4. The SELLER is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the specifications specified in the order and with the warranty documents and user manuals, if any.
6.5. For the delivery of the product subject to the contract, this contract must be approved in electronic form and the sale price must be paid in the customer’s preferred payment form. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER shall be deemed to have been liberated from the obligation to deliver the product.
6.6. If the bank or financial institution does not pay the product price to the SELLER because the credit card of the CUSTOMER is unfairly or unlawfully used by unauthorized persons after the delivery of the product, the CUSTOMER has to return the product to the SELLER within 3 (three) the working day. In such a case, the shipping costs are the responsibility of the customer. CUSTOMER agrees and pledges the conditions aforementioned.
6.7. SELLER is obliged to notify the CUSTOMER of the situation if s/he is unable to deliver the product subject to the contract within the legal 30-day period due to extraordinary circumstances such as inventory shortage, force majeure or the adverse weather conditions which prevents the transportation. In this case, the customer can use one of the rights to cancel the order, replace the product subject to the contract with its peer and/ or postpone the delivery period until the preventive situation disappears. In case the customer cancels the order, the amount is fully paid in cash to the CUSTOMER within 10 (ten) days by SELLER.
6.8 The CUSTOMER may refrain from taking delivery and return to the SELLER for recovery of the products which are bruised, broken and have torn cargo packages and similar damages and defects. In such a case, the shipping costs shall be met by the SELLER.
ARTICLE 7 – DELIVERY OF PRODUCT AND RIGHT OF WITHDRAWAL
7.1. The product price (including VAT) and delivery expenses will be met by the CUSTOMER at the shopping on website.
7.2. The CUSTOMER has the right of withdrawal within 14 days from the delivery of product subject to contract to himself/herself or person/institutions at the indicated address without stating any reason. To use the right of withdrawal; making a notice to the SELLER within 14 days via email and being not used within the framework of the article 8 are compulsory. In case of using the right;
- a) Invoice of the product which is delivered to the CUSTOMER or third party (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution. The invoices of order returns issued by institutions will not be completed unless billed with RETURN INVOICES),
- b) Turn in slip,
- c) The products that will be returned must be delivered complete and undamaged along with the package, box and, if any, standard accessories of them. The price of the product is paid to the CUSTOMER within 10 days following the delivery of this document to the SELLER. The shipping cost of the product returned due to right of withdrawal will be met by the SELLER. As returning the product to the SELLER, the original invoice submitted during delivery of product (in order to maintain the consistency in our bookkeeping) must be also returned. In case of that the original invoice not to be sent along with the product or within 3 days following the return of product, no action of refund will be realized. However, the product will be sent back to the CUSTOMER in the same way as counter-payment. The phrase, “return invoice” shall be written and signed by the Customer on the invoice to be returned.
7.3. The SELLER is to examine the request of return within 3 working days. If the SELLER detects that the return of products isn’t compliant to the right of the withdrawal, he shall not accept and give back the product to the CUSTOMER.
7.4. The requests of exchanging a product with another one can be executed both from the shops belongs to the SELLER and via an email notification as shipping cost is met by the SELLER. The demand for change can’t be considered as a right of withdrawal.
ARTICLE 8 – CIRCUMSTANCES OUT OF THE SCOPE OF THE RIGHT OF WITHDRAWAL
8.1. The Customer shall inspect the order during delivery before deliveryman. You should not take delivery of any product if there is any crack, corruption and torn on the package. In case of requesting the withdrawal announcement based on these cases, it will not be accepted.
8.2. The requests of return will not be accepted after receiving the purchased product by the claim of damage caused by cargo company.
8.3. Right of withdrawal will not be accepted in case of using, damaging or perverting the product by opening the package.
8.4. In order to use the right of withdrawal, the purchased product is to be in the condition of re-salable and not to be damaged.
8.5. Right of withdrawal will be only accepted in case of having returned at the same condition of delivery.
8.6. Since tearing of the labels and guard bands attached to the box of purchased product by the producing company and removing of labels on the package will be evaluated as having used the product, the announcement of right of withdrawal will not be accepted.
8.7. Since it is impossible and causes serious health problems to re-sale some products such as earrings, etc. due to the loss of hygienic purity regarding its feature after put on, it is not matter of right of withdrawal for this kind of products.
ARTICLE 9 – APPLICABLE LAW
The parties have accepted and declared the application of Turkish Law in the resolution of disputes arising from the implementation and interpretation of the Contract.
ARTICLE 10 – AUTHORIZED COURT
In the implementation of this Sales Contract, Consumer Arbitration Committees and Consumer Courts and Execution Offices in the residence of the CUSTOMER or SELLER are authorized to the value declared by the Ministry of Industry and Trade.
In case the order is realized, the CUSTOMER is deemed to have accepted all the terms of this contract with the membership.