Distant Sales Agreement
DISTANT SALES AGREEMENT
ARTICLE 1 – THE PARTIES
Title: Can Mücevherat Ltd. Şti. (Cadaro Jewellery)
Address: Side Mah. Antalya Cad. No:37/1 Manavgat, Antalya/TURKEY
Telephone (Customer Service): +90 242 776 68 00
Name, Surname / Title:
ARTICLE 2 – SUBJECT
The subject of this contract is the Protection of Consumer No.6502 regarding the sale and delivery of the Goods whose qualifications and sales price are specified below, which the CONSUMER has ordered electronically from the SELLER’s cadarojewellery.com website (hereinafter referred to as “INTERNET SITE”). It is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on it.
ARTICLE 3 – GOODS SUBJECT TO THE CONTRACT, PRICE, PAYMENT AND DELIVERY
The Type and Kind, Quantity, Brand/Model/Color, Unit Price(s) and Sales Price and Payment (collection) Information of the goods and Delivery Information including the place of delivery notified by the CONSUMER are as follows: if the cargo company that will make the delivery does not have a branch in the place where the CONSUMER is located, the CONSUMER is to receive it from another close branch to be notified by the SELLER (The necessary information will be given to the CONSUMER by e-mail/mail, SMS or telephone) Other issues related to delivery are specified in Article 8 of the Contract.
Name, Surname / Title:
Name, Surname / Title:
ARTICLE 4 – ISSUES OF WHICH THE CONSUMER WAS NOTIFIED PRELIMINARILY
The CONSUMER agrees that he/she has been informed by reviewing and studying all general/special explanations on the respective pages/sections of the INTERNET SITE before the CONSUMER accepts this Agreement on the INTERNET SITE, and he accepts both by order and upon payment:
a) SELLER’s title and contact information and up-to-date introductory information
b) The stages of the sales process during the purchase of the goods (s) from the INTERNET SITE and the appropriate tools/methods for correcting the wrongly entered information
c) Confidentiality, data usage/processing and electronic communication rules applicable to the CONSUMER information applied by the SELLER and the permissions granted by the CONSUMER to the SELLER in these matters, the legal rights of the CONSUMER, the rights of the SELLER and the procedures for using the rights of the Parties
d) The shipping restrictions stipulated by the SELLER for the goods
e) The payment method/means accepted by the SELLER for the Goods subject to the contract and the basic features/qualities of the Goods, the total price including taxes (the total price to be paid by the CONSUMER to the SELLER, including related expenses)
f) Information about the procedures regarding the delivery of the goods to the CONSUMER and the shipping/delivery/cargo costs
g) Other payment/collection and delivery information regarding the goods and information regarding the execution of the Contract, the commitments/responsibilities of the Parties in these matters
h) Goods for which the CONSUMER does not have the right of withdrawal
i) In cases where the CONSUMER has the right of withdrawal, the conditions, duration and procedure of using this right and the CONSUMER’s loss of the right of withdrawal if it is not used in time
j) The withdrawal request of the CONSUMER may not be accepted and will be liable to the SELLER in any case, if the goods with the right of withdrawal are damaged or changed due to the non-use in accordance with the instructions for use, the usual operation or technical specifications within the period of withdrawal, In cases where the SELLER accepts, it may collect an amount that it deems appropriate according to the aforementioned defect or change by deduction from the refund it will make to the CONSUMER
k) In cases where there is a right of withdrawal (in other relevant cases), the method of returning the goods to the SELLER and all related financial matters (return ways, cost and the return of the goods and the reward points earned / used by the CONSUMER during the return, gifts including discounts and offsets that can be made for checks, free Goods and other free/discounted opportunities provided)
l) Open address and e-mail information where the withdrawal notification will be made
m) If the CONSUMER is a legal person, he/she will not be able to use “consumer rights”, especially the right of withdrawal, for the Goods purchased for commercial or professional purposes (for example, collective purchases are counted as such in any case)
n) According to its nature, with all other sales conditions included in this Agreement, this Agreement can be stored and accessed by the CONSUMER for the period requested by the CONSUMER after it is approved and established on the INTERNET SITE, and the SELLER is to keep the Agreement for the period of three years within which he can access it
o) Transactions/practices regarding privacy, personal data and electronic commercial communications
p) In case of dispute, the CONSUMER can submit his/her complaints to the SELLER and his/her legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law 6502.
ARTICLE 5 – RIGHT TO WITHDRAWAL
5.1. The CONSUMER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the goods without stating any justification and paying penalty. The right of withdrawal starts on the day when the CONSUMER or the third party determined by the CONSUMER receives the Goods. However, the CONSUMER may also exercise his right of withdrawal within the period from the conclusion of the contract until the delivery of the goods. For Goods that are subject to a single order and delivered separately, the day the CONSUMER or the third party designated by the CONSUMER receives the last Good; For Goods consisting of more than one piece, the day the CONSUMER or the third party determined by the CONSUMER receives the last part; In the contracts where the goods are delivered regularly for a certain period of time, the day when the consumer or the third party determined by the CONSUMER receives the first Goods.
5.2. In cases where the use of the right of withdrawal is possible, the CONSUMER is responsible for the changes and deteriorations that occur if the goods are not used in accordance with its operation, technical features and usage instructions within the withdrawal period. Accordingly, if there is a change or deterioration due to the fact that the goods are not used in accordance with the usage instructions, technical specifications and functioning, the CONSUMER may lose the right of withdrawal; In cases where it is accepted by the SELLER, a discount is made from the cost of the returned Goods up to the change/deterioration.
5.3. In cases where there is a right of withdrawal, it is sufficient for the CONSUMER to forward a clear notification to the SELLER within the legal 14-day period (by filling in the [seller_email] address or the Return Form). In the event that the said right is used within the time limit, the Goods must be sent to the SELLER’s address above within a maximum of ten (10) days. Contracted cargo companies are Yurtiçi Kargo and PTT Cargo. The contracted cargo company should be used for product returns. If the goods are returned by the courier company that delivered them, no cost is charged from the CONSUMER. In the event if the CONSUMER sends the goods with a cargo company other than the cargo company that delivered it to him, the shipping fee will belong to the CONSUMER. In the return process, the box, packaging, and standard accessories, if any, of the goods must be delivered complete and undamaged. It is obligatory to return the original invoice delivered to the CONSUMER. Order returns, whose invoices are issued on behalf of institutions (legal entities), will not be accepted unless the Return Invoice is issued.
5.4. Provided that the above-mentioned requirements are fulfilled by the CONSUMER the cost of the goods and the delivery costs of the goods, if any, will be returned to the CONSUMER within 14 days from the date of receipt of the withdrawal notification by the SELLER, in accordance with the payment instrument used when purchasing the goods.
5.5. The legal rights/responsibilities of the CONSUMER after the withdrawal period regarding the goods and the rights and obligations of the SELLER, including the contractual and legal collection/offset rights, including those related to reward points, gift checks and free opportunities are also available and valid.
ARTICLE 6 – EXCEPTIONS TO WITHDRAWAL
By law, there is no right of withdrawal in contracts regarding the following goods/services, even if they are not used/benefited:
a) Goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller/supplier
b) Goods prepared in line with the special requests of the CONSUMER or his personal needs (including those that are tailored to the individual/personal needs by making changes or additions, including special goods imported/ procured domestically or abroad based on the CONSUMER’s order)
c) Perishable or expired goods
d) Goods whose protective elements such as packaging, tape, seal, package have been opened after their delivery and whose return is not suitable for health and hygien ereasons
e) Goods that are mixed with other goods after delivery and which cannot be separated by their nature
f) Books, CDs, DVDs, audio and video recordings, software, etc. whose protective elements such as packaging, tape, seal, package are opened, all kinds of goods with digital content and computer consumables
g) Periodicals such as newspapers and magazines, except those provided under the subscription agreement
h) The service of taking advantage of leisure time for accommodation, moving furniture, car rental, food and beverage supply and entertainment or recreation, which should be done on a specific date or period
i) All services performed instantly in electronic environment and all kinds of intangible goods delivered to the consumer instantly, services started to be performed within the period of withdrawal with the approval of the CONSUMER
k) In general, other goods/services accepted outside the scope of distance sales in accordance with the relevant legislation and the cases where the CONSUMER purchases for commercial/professional purposess
ARTICLE 7 – SPECIAL CONDITIONS TO BE APPLIED WHEN THE CONSUMER EARNS AWARD POINTS WHEN PURCHASING THE CONTRACTED GOODS AND / OR MAKES A PAYMENT TO THE SELLER BY USING AWARD POINTS
7.1. If the payment made by the CONSUMER to the SELLER for the goods subject to this Contract is partially/fully fulfilled using reward points etc. in cases where the goods purchased in this way are returned to the CONSUMER in accordance with the relevant provisions of this Contract, the reward points used by the CONSUMER to buy the Goods on the INTERNET SITE and similar ones can be returned to the CONSUMER (again in points).
7.2. As a general rule, in cases where unfair reward points gain or use is utilized by the CONSUMER in any way, the monetary value/amount of the reward points may be collected by the SELLER from the CONSUMER (credit card, cash and other legal methods) This provision is also valid for the price of the Goods given as a gift to the CONSUMER as a result of the application of such a system.
7.3. Reward points, gift vouchers etc. earned from or used by the SELLER cannot be turned to cash or money. Cash against money requests are not accepted in no case and under any circumstances.
ARTICLE 8 – GENERAL PROVISIONS
8.1. The Contractual Goods are delivered to the CONSUMER or to the third person/organization at the address indicated on the INTERNET SITE, on the condition that the legal 30-day period is not exceeded, on the following principles. The SELLER sends and delivers the goods via the cargo company contracted for their shipments. In the event that this cargo company does not have a branch at the location of the CONSUMER, the CONSUMER must take delivery of the Goods from another close branch of the cargo company notified by the SELLER.
8.2. In general and unless otherwise clearly stated, delivery costs (shipping costs, etc.) belong to the CONSUMER. The SELLER may not reflect all or part of the delivery costs to the CONSUMER, depending on the campaigns it conducts at the time of sale and declares its terms on the INTERNET SITE. In cases where the right of withdrawal is used for all of the goods subject to the order and for a part of it (which the CONSUMER makes use of), if the SELLER’s free shipping (delivery) the campaign falls below the minimum shopping amount, the entire amount of the uncollected delivery/cargo price within the scope of the campaign is collected by deducting from the amount to be returned to the CONSUMER (if the CONSUMER pays the delivery/shipping fee, this fee is refunded).
8.3. If the CONSUMER is not present at the address at the time of delivery of goods and the persons at the address do not accept the delivery, the SELLER will be deemed to have fulfilled the action in this regard. If there is no person to take the delivered goods at the address, it is the responsibility of the CONSUMER to contact the cargo company and follow the shipment of the goods. If the goods are to be delivered to another person/organization other than the CONSUMER, the SELLER cannot be held responsible if the person/organization to be delivered to is not present at the address or does not accept delivery. In these cases, any damages caused by the CONSUMER’s late delivery of the Goods and the expenses incurred due to the fact that the Goods have waited in the cargo company and/or the cargo is returned to the SELLER shall also be borne by the CONSUMER.
8.4. The CONSUMER is responsible for checking the Goods at the time of receipt and if he sees a problem in the Goods arising from the cargo, the CONSUMER shall not accept the Goods and is to make a report to the cargo company officials. Otherwise, the SELLER will not accept any liability.
8.5 The CONSUMER must have the price paid in full before receiving the Goods, unless otherwise stipulated in writing by the SELLER. In advance sales, if the price of the goods is not paid to the SELLER before delivery, and if the due installment amount is not paid in installment sales, the SELLER may unilaterally cancel the contract and not deliver the Goods. If, for any reason, after the delivery of the goods, the bank/financial institution to which the credit card belongs, does not pay the price of the goods to the SELLER or demands a refund, the goods shall be returned to the SELLER by the CONSUMER within 3 days at the latest. If the non-payment of the cost of the goods is due to a fault or negligence of the CONSUMER, the shipping costs will be covered by the CONSUMER. All other contractual / legal rights of the SELLER, including the follow-up of the cost of the goods without accepting the return, are reserved separately and in any case. In terms of avoiding hesitation in case of paying sales price with CONSUMER’s credit card, installment card etc. owned by banks (including financial institutions) – in cases where the cards are used for credit and/or installment payments, all the facilities provided by these cards are directly provided by the card issuer; in terms of the Parties to this Agreement, for sales of the goods that take place within this framework, the SELLER collects the price at once, these are not sales on credit or in installments, and they are paid in advance. The legal rights of the SELLER in cases that are legally deemed to be sales in installments (including the right to terminate the contract and/or to demand the payment of the entire remaining debt together with the default interest) are available and reserved within the framework of the relevant legislation. In case of the default of the CONSUMER, a monthly default interest is applied as stipulated by the laws in force.
8.6. If the goods cannot be delivered within the legal maximum 30-day period due to extraordinary circumstances (such as weather, heavy traffic, earthquake, flood, fire) other than normal sales/delivery conditions, the SELLER informs the CONSUMER regarding the delivery. In this case, the CONSUMER may cancel the order, order a similar item or wait until the end of an emergency.
8.7. If it is understood that the SELLER cannot supply the goods subject to the contract, the SELLER will provide another good/service of equal quality/price, provided that the CONSUMER is clearly informed by the law within three (3) days from the date of learning about this situation and obtains his verbal/written approval. The SELLER is deemed to have fulfilled its contractual commitment in this way. The CONSUMER is free in all respects whether or not to give such approval, and in cases where he/she does not approve, the contractual/legal provisions regarding the cancellation of the order (termination of the contract) are applied.
8.8. For order cancellations including contract or legal withdrawals and contract termination, if the cost of the goods has been collected, it will be returned to the CONSUMER within 14 days at most. The return is made in accordance with the payment instrument used by the CONSUMER to pay the cost to the SELLER. For credit card payments, the refund is made to the credit card of the CONSUMER and the amount of the goods is returned to the relevant bank within the same time after the order is canceled by the CONSUMER. Since the reflection of this amount to the CONSUMER accounts after the refund of this amount to the bank has been made by the SELLER is entirely related to the bank transaction process, the CONSUMER accepts in advance that it will not be possible for the SELLER to intervene and assume responsibility in any way for possible delays. In door-to-door transfer/EFT payment options, the refund process is made in the form of money transfer and EFT to the account specified by the CONSUMER (the account must be in the name of the person shown at the invoice address or on behalf of the user member) by requesting the bank account information from the CONSUMER. The SELLER has the right of offsetting, discounting and deduction arising from this Agreement and from the law, for the amount to be refunded. The legal rights of the CONSUMER are also reserved and available in cases where the contract is terminated by the CONSUMER due to the SELLER’s non-performance.
8.9. The CONSUMER may notify the SELLER verbally or in writing about their demands and complaints regarding the goods and sales, by reaching the communication channels in Article 1 of the Contract.
8.10. Some of the issues stated in Article 4 above may not be included in this Agreement as of their natüre. However, the Preliminary Information Form seen/approved by the CONSUMER on the INTERNET SITE is also included in the information pages/sections of the INTERNET SITE (at sales stages or in general, depending on the relevance).
8.11. Since the said Preliminary Information Form and this Contract are sent to the CONSUMER’s e-mail (mail) address declared after acceptance, he / she can always access and review the mentioned documents by saving and storing the e-mail on his device. On the other hand, they are to be kept in the systems of the SELLER for three years.
8.12. The SELLER records (including magnetic media records such as computer/voice recordings) constitute evidence in the resolution of any dispute that may arise from this Agreement and/or its implementation. The rights of the Parties arising from the relevant mandatory legal regulations are valid and reserved.
ARTICLE 9 – CONSUMER’S WAYS OF LEGAL APPLICATION / AUTHORIZED JURISDICTIONS
In the disputes that may arise from this Agreement, the Provincial and District Consumer Arbitration Committees announced by the Ministry of Customs and Trade every year are in charge/authorized within the monetary limits determined/and in cases exceeding these limits, the Consumer Courts are responsible. In this framework, if the CONSUMER wishes he/she may apply to the Arbitration Committees and Consumer Courts in the place of residence (residence) of the SELLER.
ARTICLE 10 – OTHER PROVISIONS
The CONSUMER has read all the conditions and explanations written in this Contract and the Preliminary Information Form (INTERNET SITE), which forms its integral part, and the basic features/qualities of the Goods (s) subject to sale, sales price, payment method, delivery conditions. All other information about the SELLER and the Goods subject to sale and the right of withdrawal, personal information/electronic communication and award points, including all matters written in Article 4 of this Agreement, has been seen by the Consumer on the INTERNET SITE and again, the Consumer accepts and declares that he/she approves all the provisions of this Contract by ordering the Goods by giving confirmation/approval/acceptance/permission in electronic form. Both the aforementioned Preliminary Information Form and this Contract are sent to the above e-mail (mail) address notified by the CONSUMER to the SELLER, and the confirmation of the receipt of the order is also included with the order summary in the said e-mail.
SELLER: Can Mücevherat Ltd. Şti. (Cadaro Jewellery)