DISTANCE SALES CONTRACT
ARTICLE 1. PARTIES
1.1 SELLER
Commercial Title: DÜNYA JEWELRY JEWELRY INDUSTRY DOMESTIC AND FOREIGN TRADE LIMITED COMPANY (VN:3221081494)
MOLLAFENARİ NEIGHBORHOOD. TURKOCAĞI STREET. SUREYYA BEY MARKET NO: 7/71 FATİH/ISTANBUL
Phone: 0850 800 42 82
E-Mail Address: info@dunyapirlanta.com
Central Registry Agency Number: *********
1.2 BUYER
Name and Surname:
Address:
Telephone:
Email address:
Hereinafter referred to as "BUYER".
ARTICLE 2. SUBJECT
The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 6502 and the Distance Contracts Regulation regarding the sale and delivery of the product, the features and sales price of which are specified below, which the BUYER ordered electronically from the atasay.com (“Website”) website of the SELLER.
ARTICLE 3 - INFORMATION ON BASIC FEATURES, SALES PRICE AND DELIVERY OF THE PRODUCT SUBJECT TO THE CONTRACT
Name of the Products, Quantity, Sales Price Including VAT and Delivery Information are as follows.
ARTICLE 4 - GENERAL PROVISIONS
4.1 The BUYER hereby acknowledges and declares that it has read and is fully informed of the basic characteristics of the product(s) for sale, the sales price including all taxes, the payment method, delivery conditions, and that all costs will be covered by the BUYER unless otherwise stated, and that it has read and is fully informed of the product(s) for sale, the full commercial title, full address, and contact information of the SELLER, the delivery process, and all preliminary information regarding the process. It is also aware of the right of "withdrawal," and that it has obtained accurate and complete information regarding the conditions for exercising the right of withdrawal, that it has electronically confirmed this preliminary information, and that it has subsequently placed the product order. The "Preliminary Information Form" and the "Invoice" are integral parts of this contract. The moment the order is placed, the BUYER is deemed to have accepted all terms of this contract without objection.
4.2 The BUYER may submit its requests and complaints using the communication channels specified above. Complaints and requests will be responded to by the SELLER's customer service as soon as possible.
4.3 By confirming this contract electronically, the BUYER confirms that he/she has received accurate and complete information regarding the title, address, contact information, MERSIS number, basic features of the ordered products, sales price of the products including all taxes, payment and delivery information, right of withdrawal and the procedure and conditions for using the right of withdrawal, which must be given to the BUYER by the SELLER before the conclusion of distance contracts.
4.4 BUYER accepts and declares that he/she has read and understood all the information specified in article 3 and has given the necessary approval for the purchase of this product/products.
4.5 The product subject to this contract will be delivered to the BUYER or the person/organization at the address specified by the BUYER by the SELLER's contracted cargo company within the period specified in the preliminary information on atasay.com, depending on the distance of the BUYER's residence, provided that it does not exceed 30 (thirty) days from the date of order. This period may be extended at the SELLER's unilateral discretion, provided that the BUYER is notified in writing. The BUYER accepts and declares this condition.
4.6 For products prepared in accordance with the BUYER's request or personal needs, the delivery period may exceed 30 days. The BUYER accepts, declares and undertakes that when purchasing a product prepared in accordance with the BUYER's personal needs and wishes, the BUYER cannot terminate the contract due to non-delivery within 30 days.
4.7 Even if the BUYER is not present at the delivery address at the time of delivery, the SELLER will be deemed to have fully and completely fulfilled its obligation. In cases where the product cannot be delivered to the BUYER due to reasons such as the BUYER not being present at the delivery address, not taking delivery of the product, and/or providing incorrect/incomplete/incorrect address and contact information, etc. during registration to dunyapirlanta.com and/or during the order, sharing the delivery code sent to it by the carrier cargo company via SMS and/or e-mail with third parties, causing the product(s) to be lost/stolen/damaged, etc., the SELLER assumes no responsibility. In this case, the BUYER accepts, declares and undertakes that it is solely responsible for any direct and/or indirect damages and losses arising from the BUYER's failure to take delivery of the product and/or the product being held by the cargo company and/or due to late delivery. If the product cannot be delivered to the BUYER and is returned to the carrier cargo company, the product will be sent back to the SELLER by the cargo company, just once.
If the product cannot be delivered to the BUYER by the shipping carrier and is returned to the SELLER, and the BUYER requests that the product be shipped a second time by the SELLER instead of canceling the order, all shipping and handling costs will be covered by the BUYER. Otherwise, if the BUYER does not accept this condition, the SELLER has the right and authority to terminate the contract unilaterally and without compensation. The BUYER accepts, declares, and undertakes this situation, imagining the consequences.
4.8 The product will be delivered to the BUYER or the person/organization at the address specified by the BUYER by the SELLER's contracted cargo company via SMS notification and delivery code verification. If the BUYER does not personally receive the product, the cargo delivery code written in the SMS sent for the purpose of delivering the product/cargo package is shared with the cargo company employees and/or third parties, and this delivery code is delivered to third parties due to the BUYER's fault, and the product is lost, stolen, etc., and cannot be delivered to the BUYER, the BUYER will be held entirely responsible, and the SELLER will not be held liable in any way in this situation.
4.9 If the BUYER provides an incorrect address and/or phone number when registering with dunyapirlanta.com or placing an order, and/or if the product cannot be delivered to the BUYER due to reasons arising from the cargo company, and the order is cancelled, the SELLER cannot be held responsible for any price increases that may occur when the BUYER wishes to repurchase the same product. The SELLER is under no obligation to offer the product for sale at the price of the original order date, and this situation is deemed irrevocable by the BUYER.
4.10 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the product is to be delivered does not accept the delivery.
4.11 The SELLER cannot be held responsible for any problems that the cargo company may encounter during the delivery of the product to the BUYER and for the failure to deliver the ordered product to the BUYER.
4.12 The SELLER is responsible for delivering the contracted product to the cargo company in a sound, complete manner and in accordance with the specifications specified in the order.
4.13 If there are any errors in product price, product description, product quality, etc. due to technical or material errors during the sale of the product through Atasay.com, the SELLER has the right to cancel the order and refund the collected amounts to the BUYER in accordance with the provisions of the relevant legislation. The BUYER accepts and declares that it will not object to this situation.
4.14 Due to the handmade nature of the products offered on the dunyapirlanta.com website and the differences in the ordered ring sizes, there may be a difference of up to ± 10% in weight, length, width, etc. after production. The BUYER accepts, declares and undertakes that he/she approves and consents to this situation when placing an order.
4.15 If the SELLER cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it shall notify the BUYER in writing or via permanent data storage within three days from the date of learning of this situation and shall refund all payments collected, including delivery costs, if any, within fourteen days from the date of notification.
4.16 If it becomes impossible to fulfill the order and/or service at the end of the campaign period, the SELLER reserves the right to supply a different product of equal quality and price with the BUYER's approval in order to fulfill its contractual performance obligations.
4.17 The prices listed and announced on the Site are the prices at the time the order is placed. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period remain valid until the end of the specified period. SELLER is not responsible for pricing, product, or any update errors resulting from technical reasons. If an error occurs in the pricing or product information, Seller may refrain from delivery to correct the error. In such a case, the order will be canceled and the order amount will be refunded to the Buyer's account. Buyer acknowledges and declares that it is aware of these matters.
4.18 If, after delivery of the product, the relevant bank or financial institution fails to pay the price of the product to the SELLER due to the unfair or illegal use of the BUYER's credit card, debit card and/or other payment systems offered on the Website by unauthorized persons, for reasons not caused by the BUYER's fault, the BUYER is obligated to return the product to the SELLER within 3 (three) days, provided that it has been delivered to the BUYER. In this case, the shipping costs are the BUYER's responsibility.
4.19 If the SELLER is unable to deliver the product subject to the contract within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation interruptions, the SELLER is obligated to notify the BUYER. In such cases, the BUYER has the right to cancel the order and terminate the contract. In the event of termination of the contract, the SELLER is obligated to refund all payments received, including delivery costs, in cash and in one lump sum to the BUYER within 14 (fourteen) days of receiving the termination notice.
4.20 In accordance with the 4th paragraph of Article 16 of the Distance Contracts Regulation No. 29188, which entered into force on 27.02.2015, in cases where the fulfillment of the ordered goods or services becomes impossible, the seller or provider is obliged to notify the consumer in writing or via permanent data storage within three days from the date of learning about this situation and to refund all payments collected, including delivery costs, if any, within fourteen days from the date of notification.
4.21 In cases where the BUYER exercises their right of withdrawal, or if the ordered product cannot be supplied for various reasons, or if the arbitration committee decides to refund the BUYER, if the purchase was made by credit card and in installments, the SELLER will pay the Bank the price of the product in a single lump sum. The Bank will reimburse the BUYER in the same number of installments as the BUYER purchased the product in. For bank transfer/EFT or cash on delivery options, the refund will be made by bank transfer or EFT to the account specified by the Consumer (the account must be in the name of the person at the billing address or the user member).
4.22 If the BUYER has paid by credit card, the product amount is refunded to the bank within the same period. The BUYER acknowledges that the credit card amount is reflected in the BUYER's account by the bank. It may take an average of 2 to 3 weeks for the credit card amount to be reflected in the BUYER's account by the bank. The SELLER shall not be held responsible in this regard. The BUYER acknowledges and undertakes to have read, accepted, and consented to this procedure.
4.23 SELLER may not have all the products offered for sale on dunyapirlanta.com in stock. Ordered products are produced when deemed necessary. However, for various reasons, production of ordered products that are not in stock may not be possible. In the event of a supply shortage and/or if a product is no longer in stock, Dünya Pırlanta reserves the right to inform the customer about substitute products of similar or different categories and values that can be ordered. If the customer does not wish to order the substitute product, SELLER will refund the amount paid for the unwanted substitute product to the BUYER.
4.24 The BUYER will inspect the product(s) subject to this agreement before accepting them. Any damaged or defective product(s) such as dents, breaks, torn packaging, etc., will not be accepted by the cargo company. Any product(s) received by the BUYER without a report being drawn up by the cargo company will be deemed to have undergone the necessary inspection and control and to have been received undamaged and intact. The BUYER is aware of and accepts these matters. The BUYER is responsible for the careful preservation of the product(s) after delivery. Otherwise, the SELLER will not be held responsible.
4.25 When registering to dunyapirlanta.com and placing an order, the BUYER agrees that his/her personal information (name, surname, title, address, telephone, fax, e-mail, etc.) kept by the Seller within the scope of the Preliminary Information Form and the Distance Sales Agreement may be used by the Seller, through its representatives, for the purposes of contacting the BUYER via e-mail, telephone, fax, SMS, or post, for order management, and management of customer relations processes.
4.26 The BUYER is responsible for ensuring that the personal and payment information included in the Preliminary Information Form and Distance Sales Agreement is complete and accurate. If this information is incomplete or incorrect, the BUYER is obligated to update it through their account on dunyapirlanta.com.
4.27 Circumstances that do not exist and cannot be foreseen at the time this agreement is signed, that occur without the fault of either party, and that prevent the parties from fulfilling their obligations under this agreement or from fulfilling them on time (such as war, natural disasters, strikes, lockouts, pandemics, epidemics, restrictions on the import of product(s) due to changes in legislation, strikes, lockouts, etc.) will be considered force majeure. The party subject to force majeure will immediately notify the other party in writing and will not be held liable for failure to fulfill its obligations under this agreement for as long as the force majeure continues. If the force majeure continues for more than 30 days, each party has the right to terminate the agreement unilaterally and without compensation.
4.28 The Parties agree that in any dispute that may arise from the Agreement, the SELLER's official books and commercial records, electronic information kept in the database and servers, computer and voice recordings will be deemed definitive and binding evidence, and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.
4.29 Persons under the age of 18 cannot shop through atasay.com. By electronically confirming this agreement, the consumer confirms that he or she is over 18 years of age.
ARTICLE 5 - RIGHT OF WITHDRAWAL
5.1 The BUYER has the right to withdraw from the contract without giving any reason within 14 (fourteen) days from the delivery of the product/products subject to the contract to him/her or to the person/organization at the address he/she has indicated.
5.2 In order to exercise the right of withdrawal, it is required that a notification be made to the SELLER within a period of 14 (fourteen) days by phone or e-mail, or for customers who have a membership, via the atasay.com website, after logging in to their membership, via the My Account>My Orders section, and that the product is not within the scope of the provisions of Article 15 titled “Exceptions to the Right of Withdrawal” of the Distance Contracts Regulation published in the Official Gazette on 27.11.2014, and that it has not been used in accordance with the preliminary information published on the dunyapirlanta.com website, which is an integral part of this contract and approved by the BUYER, and that it can be offered for resale by the SELLER. In case of exercising this right;
a) The original invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is from a corporate entity, it must be sent to the SELLER within 14 (fourteen) days along with the return invoice issued by the institution. Returns of orders whose invoices are issued in the name of institutions will not be completed unless a RETURN INVOICE is issued.)
b) Products to be returned must be returned to the SELLER within 14 (fourteen) days of the withdrawal request, complete and undamaged, along with their boxes, packaging, certificates, any gift/promotional items and accessories, and gift certificates. If any of these items are not shipped or are damaged, even if caused by the shipping company, the cost of the item will be deducted from the refund amount and the refund will be completed. The BUYER should contact the SELLER using the contact information provided to learn how to proceed with these transactions.
5.3. In case of exercising the right of withdrawal, the transportation costs and all other expenses incurred for the return of the product will be covered by the BUYER. The BUYER is responsible for any damage and/or loss that may occur during the return of the product.
5.4 The SELLER cannot be held responsible for any problems on the bank side in the refund of the product price.
5.5 If this right is exercised, the Cargo Delivery Report stating that the product(s) delivered to a third party or the BUYER were sent to the SELLER and the original invoice for the product(s) must be returned. If the original invoice is not returned and the invoice is not delivered to the SELLER within the statutory 14-day period, the right of withdrawal will not be exercised, and the BUYER irrevocably accepts that the SELLER will not be held liable in this case. In this case, the product will be returned to the courier company at the BUYER's expense, and the BUYER will be solely responsible for whether or not the product is received.
5.5 In determining the period of the right of withdrawal;
The right of withdrawal period begins on the day the contract is formed for contracts related to the performance of services; and on the day the consumer or a third party designated by the consumer receives the goods for contracts related to the delivery of goods. However, the consumer may also exercise the right of withdrawal from the formation of the contract until the delivery of the goods.
Delivery of the goods by the seller to the carrier is not considered as delivery to the consumer.
In contracts that combine the delivery of goods and the performance of services, the provisions of the right of withdrawal regarding the delivery of goods apply. Products returned using the right of withdrawal are subject to an expert review, which begins the return inspection process.
5.6 When the BUYER exercises their right of withdrawal, the returned product will be inspected by the SELLER upon receipt. The product will be evaluated for compliance with the withdrawal conditions, taking into account damage, usage status, and all necessary conditions set forth in this agreement. If the inspection determines that the product complies with the return conditions, the return process will be initiated. The product price will be refunded to the BUYER within 14 (fourteen) days from the date the product subject to the withdrawal request reaches the SELLER. If any damage or violation of the withdrawal conditions is detected, the return request will be rejected, and the product will be returned to the original order address at the BUYER's expense.
5.7. ATAKULCEs (gram gold, quarter gold, half gold, full gold, republic gold, gold bullion, etc. gold-gold coins) are among the products for which the right of withdrawal cannot be exercised.
ARTICLE 6 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
a) Contracts regarding goods prepared in line with the consumer's wishes or personal needs.
Pursuant to Article 15 of the Consumer Protection Law and the Distance Contracts Regulation, the right of withdrawal (right of cancellation and return) cannot be exercised for products that have been produced and/or modified in line with the consumer's special requests or personal needs. Accordingly:
- On products with names, dates, letters and/or special messages written on them,
- In specially designed products,
- For products with changes in size, stone, metal or design in line with personal requests (including but not limited to all products where a size selection is made in the product length, requesting that the product be produced in a color different from the metal color offered on dunyapirlanta.com, etc.)
- Since the ring size is prepared individually, all ring orders are
Without limiting these, there is no right of withdrawal (right of cancellation and return) in all product groups that are produced and personalized in accordance with the BUYER's wishes, falling within the scope of Article 15 of the Distance Contracts Regulation, subject to legal conditions. The BUYER irrevocably accepts, declares, and undertakes that they consent to this condition and were informed in detail at the time of ordering that they have no right of withdrawal.
After the ordered product is delivered to the BUYER, when changes are made to the size of rings, necklaces, bracelets, bangles, anklets, shahmaran lengths and models upon the BUYER's request, these goods, which are specially produced in line with the customer's special requests, and perfumes whose seals have been opened are within the scope of products for which the right of withdrawal (right of cancellation and return) cannot be exercised.
b) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the SELLER or the provider.
c) Contracts for the delivery of goods that are perishable or may expire quickly.
d) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.
e) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
f) Contracts regarding books, digital content and computer consumables presented in physical form, if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
g) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.
h) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and the utilization of free time for entertainment or recreation purposes, which must be made on a specific date or period.
i) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
j) Contracts regarding services that begin to be performed with the consumer's approval before the expiration of the right of withdrawal.
k) Products delivered to an address outside the Turkish Customs Area as a result of the BUYER declaring an international delivery address are not covered by the right of withdrawal. All other costs, such as customs fees, extra shipping costs, etc., that may occur in the country of destination of the order will be covered by the BUYER.
If the products sent abroad do not reach the BUYER and are sent back to the SELLER, the shipping cost will not be refunded to the orderer and the product will not be sent back free of charge.
If the product cannot be delivered to the BUYER due to any reason not caused by the SELLER, even if there is no fault of the BUYER, in case the customs practices of the relevant country result in the product being destroyed, detained, etc. and/or due to problems during transportation at the borders of the BUYER's country of residence even after the customs process is completed (product being lost, stolen, BUYER providing incorrect address and/or contact information, etc.), the SELLER is not responsible for this situation and the order amount will not be refunded.
ARTICLE 7 - APPLICATIONS MADE IN REGARDS TO DISPUTES
If the BUYER has a complaint regarding their order and/or the product they ordered and/or any issue related to their order, they may submit their complaints to the SELLER using the contact information provided above. Submitted complaints will be recorded, evaluated by the authorized bodies, and a resolution will be attempted, and a response will be provided as soon as possible. Furthermore, the BUYER may submit their complaints and objections to the consumer problems arbitration committee or consumer court in the place where they purchased the goods or services or where they reside, within the monetary limits set each December by the Ministry of Customs and Trade of the Republic of Turkey.
Bakırköy Courts and Enforcement Offices are authorized to resolve disputes arising from the implementation of this agreement.
SALES PERSON:
Commercial Title: DÜNYA JEWELRY JEWELRY INDUSTRY DOMESTIC AND FOREIGN TRADE LIMITED COMPANY
Mollafenari Neighborhood, Türkocağı Street, No: 7/71, Floor: 3, Fatih/Istanbul
Telephone: *****
Email Address: *****
BUYER :
Address:
History :