Distance Sales Agreement
ARTICLE 1 – SUBJECT:
This distance sales agreement (Agreement) was executed electronically under the following terms and conditions between the BUYER whose information is given in Article 4 and the SELLER whose information is given in Article 3.
The subject of this agreement is the rights and obligations of the parties pursuant to the provisions of the Consumer Protection Law No. 6502 – Regulation on the Principles and Procedures of Implementation of Distance Contracts in relation with the sales and delivery of the product, which is sold by the SELLER to the BUYER, and whose description and sales price are given below.
By agreeing to this agreement, the BUYER agrees in advance that it will undertake the obligation of paying the purchase order price in addition to any additional charges such as cargo fees, taxes etc. upon approving the purchase order that is the subject of the agreement and that it has been informed regarding this matter.
ARTICLE 2 – DEFINITIONS
In the implementation and interpretation of this agreement, the following terms shall have the following meanings:
BUYER : A natural or legal person who acquires, uses or utilizes a good or service for non-commercial or non-professional purposes,
Minister : Minister of Commerce,
Ministry : Ministry of Commerce,
Law : Consumer Protection Law,
SELLER : A natural and/or legal person who provides goods to consumers or acts on behalf of the person who provides goods for commercial or professional purposes, including public entities,
Receiver : Person who will receive the product,
Agreement : This Agreement executed between the SELLER and the BUYER,
Parties : The SELLER and the BUYER,
Product or Products : Movable articles that are subject to purchase,
Regulation : Regulation on Distance Sales.
ARTICLE 3 – SELLER’S DETAILS:
Title : Turqaz Kıymetli Madenler Sanayi ve Ticaret Limited Şirketi
Tax ID No : 8711109783 Hocapaşa Tax Office
Address : Molla Fenari Mah. Mesih Mehmetpaşa Sok. Arnavut Han No:2-4 İç Kapı No:33 Fatih/İSTANBUL
Phone : +90 (530) 470 42 86
Fax :
E-mail : hello@iconsjewelry.com
ARTICLE 4 – BUYER’S DETAILS
Name-Surname :
Receiver :
Delivery address :
Phone :
Fax :
E-mail/User name :
ARTICLE 5 – CONTRACT PRODUCT INFORMATION:
The type, quantity, make/model, color, number of units, sales price, method of payment for the Goods/Products/Services are as shown below. The prices listed and announced on the website are the sales prices. The announced and promised prices are valid until any updates or changes. Limited time prices are only valid for the specified period. The sales price of the goods or services under the agreement including all taxes is given below. The cargo fee, which is the shipment cost for the product, shall be paid by the BUYER.
Product Description :
Number of Units :
Unit Price :
(VAT Included) :
Cargo Fee :
Total :
Payment Method and Plan :
Delivery Address :
Receiver :
Delivery date :
Method of delivery :
5.1 INVOICE INFORMATION
Name/Surname/TITLE :
Phone :
Invoice Address :
Order Date :
E-mail/User name :
The cargo fee, which is the shipment cost for the product, shall be paid by the BUYER. The invoice shall be delivered to the invoice address along with the order during order delivery.
ARTICLE 6 – GENERAL CLAUSES:
6.1 – The BUYER declares that he/she has read and familiarized himself/herself with all the preliminary information regarding the basic qualities, sales price, payment method and delivery of the product subject to the agreement specified in Article 5 and that he/she has given the necessary confirmation electronically.
6.2 – The product subject to the agreement is delivered to the BUYER or the person/organization at the delivery address within the period described in the preliminary information depending on the remoteness of the BUYER’s residence for each product, provided that it does not exceed the legal 30-day period.
6.3 – If the product subject to the agreement is to be delivered to a person/organization other than the BUYER, the SELLER may not be held responsible for the refusal of said person/organization to accept the delivery.
6.4 – The SELLER is responsible for delivering the product subject to the agreement intact, complete, in accordance with the specifications indicated in the order and with warranty documents and user manuals, if any.
6.5 – In order to fulfill the delivery of the product subject to the agreement, this agreement must have been accepted electronically by the BUYER and the product price and shipping expenses (other expenses, if any) must have been paid. If for any reason the product price is not paid or canceled in the bank records, the SELLER is deemed to have been released from the obligation to deliver the product.
6.6- After the delivery of the product, if the bank or financial institution does not pay the product price to the SELLER due to the unfair or unlawful use of the credit card of the BUYER by unauthorized persons in a way that is not caused due to the fault of the BUYER, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In such a case, the shipping expenses belong to the BUYER.
6.7- If the SELLER is unable to deliver the product subject to the agreement within the period due to force majeure or extraordinary circumstances such as adverse weather conditions that prevent or interrupt transportation, it is obliged to notify the BUYER of the situation. In this case, the BUYER may exercise any one of the rights to cancel the order, to replace the product subject to the agreement with an equivalent, if any, and/or to postpone the delivery period until the obstacle is removed. If the BUYER cancels the order, the amount paid will be returned to him/her within 14 days.
6.8- The defective or damaged ones among the products sold with or without a warranty certificate may be sent to the SELLER for the necessary repairs under the warranty conditions, in which case the shipping costs will be borne by the SELLER.
6.9- The SELLER may supply a different product of equivalent quality and price by informing the BUYER before the expiration of the performance obligation arising from the agreement and obtaining his/her explicit consent.
6.10- The SELLER has the right to contact the BUYER for communication, marketing, notification and other purposes by letter, e-mail, SMS, phone call and other means through the address, e-mail address, landline and mobile phone numbers and other contact information provided or later updated by the BUYER in the registration form on the website. By accepting this agreement, the BUYER agrees and represents that the SELLER may engage in the aforementioned communication activities.
6.11- The BUYER represents and undertakes that the personal and other information provided by the SELLER while registering as a member on the SELLER’s website is true and that the SELLER will compensate all damages that the SELLER may incur due to the untruthfulness of this information immediately, in cash and in full upon the first notification of the SELLER.
6.12- The BUYER agrees and undertakes in advance to comply with the provisions of the statutory legislation and not to violate them while using the SELLER’s website. Otherwise, all legal and penal obligations that may arise will fully and exclusively bind the BUYER.
6.13- This agreement enters into force after it is signed by the BUYER and delivered to the SELLER.
ARTICLE 7 – RIGHT OF WITHDRAWAL:
7.1- The BUYER may exercise the right of withdrawal from the agreement by rejecting the goods without any legal and criminal liability and without providing any justification, provided that the BUYER notifies the SELLER within 14 (fourteen days) days from the delivery of the product subject to the agreement to him or the person/organization at the address indicated. In order to exercise the right of withdrawal, the SELLER must be notified by fax, e-mail or telephone within this period and the product must not have been used within the framework of the provisions of Article 7. In case this right is exercised, it is obligatory to return the original invoice with a copy of the cargo receipt indicating that the product delivered to the 3rd person or the BUYER was sent to the SELLER. The product price is returned to the BUYER within 14 days following the receipt of these documents.
If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER. (If the invoice of the product to be returned is a corporate invoice, it must be sent together with the return invoice issued by the organization when returning. Order returns whose invoice is issued on behalf of organizations will not be completed if the RETURN INVOICE is not issued.)
7.2-The products to be returned must be delivered in complete and undamaged condition together with the original box, packaging and standard accessories, if any.
7.3-THE SELLER is obligated to return the total price and the documents putting the BUYER under debt to the BUYER within a period of 14 days at the latest from the receipt of the withdrawal notification and to accept the return of the goods within a period of 20 days.
7.4- If the value of the goods decreases or the return becomes impossible due to a reason arising from the BUYER’s fault, the BUYER is obliged to compensate the SELLER’s damages in proportion to its fault. However, the BUYER is not responsible for the changes and deteriorations that occur due to the proper use of the goods or the product within the right of withdrawal period.
ARTICLE 8 – PRODUCTS TO WHICH THE RIGHT OF WITHDRAWAL DOES NOT APPLY:
Pursuant to the law, the consumer may not exercise their right of withdrawal in relation with the following products:
a) Contracts for goods or services whose price changes depending on the fluctuations in the financial markets and which are not under the control of the seller or provider.
b) Contracts for custom goods prepared in line with the requests or personal requirements of the consumer.
c) Contracts for the delivery of perishable goods or goods that may expire.
ç) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, packet have been opened after delivery; whose return is not appropriate in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts for books, digital content and computer consumables provided in physical media if the protective elements such as packaging, tape, seal, packet have been opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
g) Contracts related to the utilization of spare time such as accommodation, transportation of goods, car rental, supply of food and beverages, and entertainment or recreation, which must be concluded on a specific date or during a specific period.
ğ) Contracts relating to services performed instantly in electronic environment or contracts relating to intangible goods delivered instantly to the consumer.
h) Contracts for services whose performance is started with the consent of the consumer before the expiration of the right of withdrawal period.
ARTICLE 9 – FINAL CLAUSES:
The BUYER may submit his/her complaints or objections to the following arbitration committees or consumer courts in the place of jurisdiction where the consumer resides or where the consumer’s transaction was performed, according to the monetary limits specified below. The monetary limits are as follows:
For the year 2021;
a) County consumer arbitration committees for disputes below 10.280,00 (ten thousand two hundred and eighty) Turkish Liras,
b) Provincial consumer arbitration committees for disputes between 10.280,00 (ten thousand two hundred and eighty) Turkish Liras and 15.430,00 (fifteen thousand four hundred and thirty) Turkish Liras for provinces with metropolitan status,
c) Provincial consumer arbitration committees for disputes below 15.430,00 (fifteen thousand four hundred and thirty) Turkish Liras in the center of provinces without metropolitan status,
ç) Provincial consumer arbitration committees for disputes between 10.280,00 (ten thousand two hundred and eighty) Turkish Liras and 15.430,00 (fifteen thousand four hundred and thirty) Turkish Liras in the counties of provinces without metropolitan status.
ARTICLE 10 – ENTRY INTO FORCE
By making the payment related to the order placed through the Website, the BUYER agrees to all the terms and conditions of this agreement. After the execution of the agreement, the SELLER shall notify the BUYER regarding the order through an SMS to the BUYER’s mobile phone number or an e-mail to the BUYER’s e-mail address. The SELLER is obliged to make the necessary software arrangements to confirm that this agreement has been read and accepted by the BUYER on the website prior to the placement of an order.
SELLER BUYER
Turqaz Kıymetli Madenler Sanayi ve Ticaret Limited Şirketi