Distance Sales Agreement
1. PARTIES
This Distance Sales Agreement ("Agreement") has been established in electronic form between the ("BUYER") whose address is specified in Article 6 and the ("SELLER") within the framework of the provisions and conditions stated below.
2. DEFINITIONS
The following terms shall mean the written explanations opposite them in the application and interpretation of this Agreement.
BUYER: The natural or legal person who acquires, uses or benefits from a product or service for non-commercial or non-professional purposes,
Minister: The Minister of Commerce,
Ministry: The Ministry of Commerce,
Law: The Law on the Protection of the Consumer,
Platform: jewelsforjoy.com
SELLER: Betina HobeÅŸ
Ordering Party: The natural or legal person who requests a product through the jewelsforjoy.com website,
Agreement: This Agreement concluded between the SELLER and the BUYER,
Parties: The SELLER and the BUYER,
Product or Products: Refers to the movable property subject to purchase
Regulation: Distance Sales Regulation.
3. SUBJECT AND SCOPE OF THE AGREEMENT
This Agreement has been prepared in accordance with the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts. The parties acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts under this Agreement. The subject of this Agreement is the determination of the rights and obligations of the parties in relation to the sale and delivery of the Product with the specified qualities set out in the Agreement, which is electronically ordered by the real person BUYER on the Platform for the purchase of the Product belonging to the SELLER offering the Product for sale, in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.
4. INFORMATION PROVIDED TO THE BUYER IN ADVANCE
4.1. The BUYER acknowledges that, before accepting this Agreement from the Platform and undertaking the obligation to place an order and make payment, they have reviewed, read, understood, and been informed about all general and specific explanations on the relevant pages-sections of the Platform.
a) The title and contact information of the SELLER, as well as current identifying information,
b) Appropriate tools-methods for correcting incorrect information and the sales process stages during the purchase of the Products from the Platform,
c) Shipping restrictions anticipated by the SELLER for the Products,
d) Payment methods-tools accepted by the SELLER for the Products, along with their basic features-attributes, the total price including taxes (including relevant expenses that the BUYER will pay to the SELLER),
e) Information about the methods of delivery of the Products to the BUYER, as well as shipping-delivery-cargo expenses,
f) Information about other payment/collection and delivery-related matters concerning the Products, the responsibilities of the Parties in these matters,
i) Goods and other items for which the BUYER does not have the right of withdrawal,
j) The conditions, period, and procedure for using the BUYER's right of withdrawal in situations where the BUYER has the right of withdrawal, and the fact that the BUYER will lose their right of withdrawal if it is not used within the stipulated time,
k) In the case of Products for which the right of withdrawal exists, if they are damaged or changed due to non-compliance with usage instructions, ordinary operation, or technical specifications during the withdrawal period, the SELLER may not accept the BUYER's withdrawal request, and the BUYER will be liable to the SELLER in any case. If the SELLER accepts it, they can offset an appropriate amount against the refund they will make to the BUYER, depending on the defect or change in question,
l) In situations where the right of withdrawal exists, how the BUYER can return the Products to the SELLER and all relevant financial matters (return methods, expenses, refund of the Product price, as well as discounts and offsets that may be applied for reward points earned/used by the BUYER during the return process),
m) Details of the terms and conditions for taking advantage of various opportunities that may be applied periodically on the Platform by the BUYER,
n) All other sales conditions included in this Agreement according to its nature, and the fact that this Agreement, after being approved by the BUYER on the Platform, is sent to the BUYER by e-mail and can be stored for the desired period and accessed from there, and DSM may keep it for three years,
o) Contact information for the BUYER to submit their complaints to the SELLER in case of disputes, as well as legal applications to Consumer Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.
5. SELLER INFORMATION
Title: Betina HobeÅŸ
Address: SAHKULU MAH. SERDAR-I EKREM CAD. IS YERI NO: 15 A BEYOGLU/ ISTANBUL
Mersis:
Phone: 0533 607 39 01
Seller Email: hi@jewelsforjoy.com
6. BUYER INFORMATION
Delivery Recipient:
Delivery Address:
Phone:
Fax:
Email/Username:
7. INVOICE INFORMATION
Invoice Delivery: The invoice will be delivered to the delivery address along with the order during the order delivery or in the form of an e-invoice to the recipient's email address.
8.PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT
8.1. The basic features of the Goods/Product/Products (type, quantity, brand/model, color, quantity) are available on the Platform.
8.2. The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated or changed. Prices announced for a specific period are valid until the end of the specified period.
8.3. The sales price including all taxes of the product subject to the contract varies from product to product and is indicated on the invoice.
9.GENERAL PROVISIONS
9.1. The BUYER acknowledges, declares and undertakes that they have read and become informed about the essential characteristics, sale price, payment method, and preliminary information regarding the delivery of the Product subject to the Agreement on the Platform and provided the necessary confirmation electronically. As a consumer, the BUYER can submit their requests and complaints to the SELLER's contact information provided above or through the channels provided by the Platform. The BUYER acknowledges, declares and undertakes that they have obtained the correct and complete information regarding the delivery address that the SELLER must provide to the BUYER before the establishment of the Distance Sales Contract, the basic features of the ordered products, the prices of the products including taxes, payment and delivery information after confirming the Preliminary Information Form electronically.
9.2. Each product subject to the Agreement will be delivered to the BUYER or the person and/or organization indicated by the BUYER at the address indicated in the preliminary information section on the internet site within the time frame specified, not exceeding 30 days, depending on the distance of the BUYER's residence. In the event that the SELLER fails to fulfill its obligation within this period, the BUYER may terminate the Agreement. The delivery date indicated on the website as "estimated delivery date" is an estimation and does not contain any commitment. These products will be delivered to the BUYER within 30 days at the latest, as stated in the legislation. The SELLER is not responsible for any damages and expenses arising from the BUYER's failure to receive the product on time or at all if the BUYER or the person to be delivered to is not present at the address during delivery.
9.3. The SELLER undertakes to deliver the product subject to the Agreement complete, in compliance with the specified qualifications in the order and, if any, with warranty documents, to perform the work in accordance with legal regulations other than any defects, in accordance with standards and with honesty and integrity, to maintain and improve service quality, to show necessary care and attention during the performance of work, and to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiration of the performance obligation arising from the Agreement.
9.5. The BUYER acknowledges, declares and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and in case of any reason for the non-payment of the product price subject to the Agreement and/or its cancellation in the records of the bank or financial institution, the SELLER's obligation to deliver the product subject to the Agreement will be terminated. The BUYER acknowledges, declares and undertakes that they accept that the SELLER has no liability for payments made to the SELLER by the bank or financial institution for which an unsuccessful code is sent for any reason.
9.6. After the delivery of the product subject to the Agreement to the BUYER or the person and/or organization indicated by the BUYER at the address specified, the BUYER's credit card information shall be deleted from the system of the SELLER.
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10. SPECIAL TERMS
Your bank may apply a number of installments higher than the installment number you choose by organizing campaigns and may provide services such as installment deferral. Such campaigns are at the discretion of your bank. The total order amount will be divided into installments starting from the account closing date of your credit card and will be reflected in your credit card statement by your bank. The bank may not distribute installment amounts equally to months, taking into account fractional differences. The creation of your detailed payment plan is at the discretion of your bank.
11. RULES REGARDING THE PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
11.1. Information that can be defined as personal data for the BUYER, such as name, surname, e-mail address, Turkish ID number, demographic data, financial data, etc. can be processed for the purposes of receiving orders, providing products and services, developing products and services, solving system problems, carrying out payment transactions, and - if prior approval is given - using such information for marketing activities related to orders, products, and services, as well as for updating information about the BUYER and managing and maintaining memberships.
11.2. In compliance with the applicable legislation, the SELLER may make commercial electronic communications to the BUYERS through various electronic communication tools such as SMS/short message, instant notification, automatic call, computer, telephone, e-mail, mail/fax, etc. for the purpose of introducing, advertising, communicating, promoting, selling, and marketing any kind of products and services, as well as for informing about credit card and membership transactions and applications, and the BUYER accepts to receive commercial electronic communications.
11.3. Necessary precautions have been taken within the SELLER's own system infrastructure according to the nature of the information and transaction, as well as the current technical possibilities, for the security of the information and transactions entered by the BUYER on the Platform. However, as these information is entered from the devices belonging to the BUYER, it is the responsibility of the BUYER to take the necessary precautions, including those related to viruses and other harmful applications, for the protection of such information and to prevent unauthorized access.
11.4. The BUYER may request the cessation of data usage-processing and/or communications at any time by contacting the SELLER through the specified communication channels. According to the explicit notification of the BUYER in this regard, personal data processing and/or communications are stopped within the legal maximum period; furthermore, except for the information that must be legally retained and/or possible ones, the information is deleted from the data recording system or anonymized in a way that cannot be identified. If desired, the BUYER may exercise various rights such as correcting the processing of personal data, notifying third parties of corrected information, deleting or destroying data, objecting to an adverse result arising from automatic systems analyzing the data, and compensating for damages suffered due to unlawful processing of data.
12. RESOLUTION OF DISPUTES
12.1. In the implementation of this Distance Sales Agreement, the Consumer Arbitration Committees and Consumer Courts in the locality where the BUYER purchased the Goods and where their residence is located are authorized, up to the value declared by the Ministry of Commerce.
12.2. Local consumer arbitration committees are authorized to deal with consumer requests in accordance with the upper and lower limits specified in Article 68, paragraph 1 of the Consumer Protection Law No. 6502.
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13. PRICE OF THE GOODS
The cash or installment sale price of the Goods, although included in the order form, is the price provided in the information email sent at the end of the order and on the invoice sent with the product to the customer.
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14. DEFAULT AND LEGAL CONSEQUENCES
14.1. If the BUYER defaults on transactions made with a credit card, they will be responsible for paying interest in accordance with the credit card agreement with the bank and will be liable to the bank. In this case, the relevant bank may resort to legal action, demand the expenses and attorney fees incurred, and in any case, the BUYER will be responsible for any damages suffered by the SELLER due to the BUYER's delayed payment of their debt.
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15. NOTIFICATIONS and EVIDENCE AGREEMENT
15.1. Any correspondence between the Parties under this Agreement will be made by e-mail except for the mandatory cases specified in the legislation.
15.2. The BUYER acknowledges, declares and undertakes that the official books and commercial records of the SELLER, electronic information and computer records kept in their own database and servers shall constitute binding, conclusive and exclusive evidence in case of any disputes arising from this Agreement, and that this article constitutes an evidence agreement within the meaning of Article 193 of the Civil Procedure Law.
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16. EFFECTIVENESS
16. 1. This Agreement consisting of 17 (seventeen) articles has been concluded and entered into force by being read and approved by the Parties electronically by the BUYER on the transaction date. A copy of the Agreement is available in the BUYER's membership account and can also be sent by e-mail upon request.