- SELLER (the “Seller”)
Trade Name :
Address :
Telephone Number :
E-mail Address :
- BUYER (the “Buyer”)
Name-Surname / Trade Name :
Address :
Telephone Number :
E-mail Address :
ARTICLE 2 SUBJECT
The subject of this Distance Sales Agreement (“Agreement”) is to determine the rights and obligations of the parties regarding the sale and delivery of the product, which the Buyer has purchased by placing an electronic order from the Seller's [●] website (“Website”), having the qualifications written on the website and for which the sales price is specified.
This Agreement has been prepared in accordance with the Law on Consumer Protection No. 6502 (“Law”) and the Regulation on Distance Contracts (“Regulation”). The parties of this Agreement hereby agree and declare that they are aware of and understand their obligations and responsibilities that will arise from the Law and Regulation.
The Buyer hereby accepts and declare that they have been informed about the basic characteristics of the product subject to the above-mentioned sale, the sales price, number, payment method, delivery conditions and all the information about the product subject to the sale, as well as the cancellation and return conditions, that they have confirmed this information on their own will electronically and that they have purchased the item/s by placing an order.
The preliminary information form and proforma invoice on the payment page of the Website, as well as the Terms of Use and Privacy Statement, are annexes and inseparable parts of this Agreement.
ARTICLE 3 – DESCRIPTION OF TELKARI PATTERNS
Telkari is a traditional handicraft with a history of thousands of years. The craftsmen who do this work have created their own styles by using traditional patterns for centuries.
Telkari patterns are usually inspired by nature and the environment. These patterns may contain symbols and signs related to the region's culture and history.
The patterns used in the decoration of buildings in historically and culturally rich regions such as Mardin also often contain symbols and signs related to the region's culture and history.
Therefore, the patterns seen in our jewelry and those seen in the buildings of Mardin may be similar. However, the reason for these similarities is that the patterns are inspired by nature and the environment and contain symbols and signs related to the region's culture.
Therefore, there is no copyright infringement between the patterns used in our jewelry and those seen in the buildings of Mardin.
The parties have agreed on the use of telkari patterns with this agreement and accept that there will be no copyright infringement.
ARTICLE 4 – DELIVERY METHOD
This Agreement has entered into force with the Buyer’s approval in the electronic environment and is executed when the products purchased by the Buyer from the Seller are delivered to the Buyer. The products subject to the order will be delivered to the address specified in the order form and to the specified authorized person(s) by the Buyer.
ARTICLE 5 - DELIVERY COSTS AND PERFORMANCE
Delivery of the goods is made in the committed time depending on the Seller’s stock availability and after the payment is executed. The Seller delivers the products within 7-15 working days at the latest from the order of the products by the Buyer placed not contradicting with the circumstances (including force majeure) in which case the delivery of the products subject to the order may become impossible. In case the “estimated delivery date” is stated for the products ordered on the website, the Buyer accepts that the delivery date in question is an estimation and hence this statement does not put the Seller under any commitment.
If, for any reason, the Buyer does not pay for the products or the payment is cancelled in the bank records, the Seller is considered to be relieved of its obligations to deliver the products.
The shipping costs for deliveries within the country will be borne by the Seller. For deliveries outside the country, the shipping costs will be borne by the Buyer.
The Buyer is responsible for the shipping costs of any order cancellations made by the Buyer after the Seller ships the product but before it is received by the Buyer.
If the specified authorized person(s) is not available at the address specified by the Buyer at the time of delivery, the Seller shall be considered to have fulfilled its act of delivery in full. In case there is no one to receive the ordered Product (s) at the address, it will be the Buyer’s responsibility to contact the cargo company and follow up on the delivery of the Product (s). In case the Product (s) is to be delivered to a person/entity other than the Buyer, the Seller cannot be held responsible in the cases that the person/entity to be delivered is not present at the address or not accepting the delivery. In these cases, any damages arising from the late receipt of the Product by the Buyer and the expenses incurred because the Product has been awaited in the cargo company and/or the return of the cargo to the Seller shall be covered by the Buyer.
ARTICLE 6 – GENERAL TERMS
The parties to this Agreement are the Buyer and the Seller. All obligations and responsibilities regarding the fulfilment of this Agreement belong to the parties. This Agreement enters into force on the date it is electronically approved by the Buyer.
The Buyer hereby accepts, declares, and confirms that they have read and understood all the information about the conditions of sale and features of the Product subject to this Agreement, and has given the necessary approval for the purchase of the products. The Buyer confirms with this Agreement and the Preliminary Information Form electronically submitted that the relevant information on, the basic features of the ordered products, the price of the products including taxes, payment and payment are given and confirms that they have obtained all the information accurately and completely required by the relevant legislation, including the delivery terms and price before the conclusion of this Agreement.
Prices announced on the Website of the Seller are valid until they are updated and/or changed. Prices declared for a certain period are valid until the end of the specified period. The Seller reserves the right to change the above the mentioned prices. All rights are reserved in this regard.
The Seller is responsible for delivering the ordered product in complete form and per the qualifications specified in the order. The Buyer is not expected to inspect the ordered product before receiving it. In the cases of the Buyer’s acceptance of damaged, broken, torn, and defective packages from the cargo company officer of the delivered product, the product delivered will be considered undamaged and intact. In addition, it is the responsibility of the Buyer to ensure accurate counting of the delivered products. In case of missing products, the Buyer is expected to contact the Seller within 3 business days after the delivery. The Buyer will bear the sole responsibility for such incidents. All burden of damages that may occur after delivery belongs to the Buyer.
The Seller will make every effort to resolve the Buyer’s complaints regarding the issues arising from this Agreement in a reasonable time and manner. The Buyer may direct all kinds of requests and complaints to the Seller by sending a message via the [●] e-mail address.
As our products are handmade, there may be minor imperfections in each product. These imperfections enhance the uniqueness of the product and do not affect the functionality or quality of the product. Imperfections may arise due to the nature of the materials used in the production process. Therefore, the Buyer acknowledges that minor imperfections in handmade products are acceptable and cannot request a refund or exchange. These imperfections are not expected to affect the functionality or quality of the products. The Buyer should understand that minor imperfections in handmade products are acceptable and should take this into consideration before purchasing the products. Therefore, the Buyer acknowledges, declares, and undertakes in advance that there may be slight differences from the product shown in the picture to avoid any problems regarding returns or exchanges of the products.
In case the order is cancelled by the Buyer for any reason, the payment will be reimbursed in full. The return period for cash payments is 14 days. In cases where the payments are made by the Buyer via credit card, the product amount is returned to the relevant bank within 14 days after the order is cancelled by the Buyer. The Buyer should assume that the average process of reimbursement for payments effected by credit card to the Buyer’s bank account/credit card may take 2 to 3 weeks.
Force Majeure (natural disaster, war, terrorism, strike and lockout, seizure, production, and communication) Suppose the Seller cannot deliver the Goods/Services in due time due to significant malfunctions of the facilities, state of emergency, regional or global epidemics, etc. or extraordinary circumstances that prevent transportation. In that case, the Seller will notify the Buyer within 3 (three) working days from the date of awareness of the situation. In such cases, the Buyer has the right to demand the cancellation of the order, the replacement of the Product subject to the Contract with its precedent, if any, and/or the postponement of the delivery period until the impediment is removed. During the continuation of the force majeure, the parties will not be liable for failure to fulfil their obligations. If the force majeure situation continues for 30 (thirty) days, each party has the right to terminate the Agreement unilaterally.
ARTICLE 7 - PURCHASE LIMIT
The Seller undertakes that the Buyer can purchase only 10 units of each product.
The Buyer agrees to comply with the purchase limits set by the Seller.
The Buyer acknowledges that any order exceeding the purchase limit will be canceled.
The Seller reserves the right to cancel the order without notice if the Buyer places an order that exceeds the purchase limit.
Any transaction carried out in accordance with this Article shall be deemed to have been made under the sales contract.
The purchase limit set under this Article may be changed by the Seller for a specific product or product group. In such case, the Seller's new purchase limit will be announced on the relevant product page or the Seller's website.
The Buyer is responsible for keeping track of any changes made to the purchase limits.
ARTICLE 8– RIGHTS OF WITHDRAWAL
The Buyer has the right to withdraw and cancel this Agreement by rejecting the product within 14 (fourteen) days from the date of receipt without undertaking any legal or criminal responsibility and without any reason given. Upon the Buyer’s declaration of exercise of his/her Right of Withdrawal within the applicable period, the form of Right of Withdrawal attached to this Agreement must be filled and sent to the Seller by any of the communication methods specified in this Agreement. Products to be returned under the Right of Withdrawal must be returned complete and undamaged, together with the original box, packaging, standard accessories, and products given as a promotion. In addition, if the Right of Withdrawal is to be used, the products that will be returned must not be used by the Buyer.
The Seller does not accept any cancellations or returns for custom-made products. Once the order is confirmed, returns are not accepted, and the full payment for the order is made.
In the cases of exercising the Right of Withdrawal, the Buyer returns the Product to the Seller within 10 (ten) days from the use of its Right of Withdrawal. Within 14 (fourteen) days following the exercise of the Right of Withdrawal, the product fee is returned to the Buyer. The original invoice and the Right of Withdrawal form should be included while returning the goods to the Seller. If there is a loss in the value of the goods due to the Buyer’s fault or if the return becomes impossible, the Buyer is obliged to compensate the Seller’s losses at this defect rate. However, the Buyer is not responsible for the changes and deteriorations due to the proper use of the goods or products within the Right of Withdrawal period. In cases of falling below the campaign limit amount set by the Seller due to the exercise of the Right of Withdrawal, the discount amount used within the margins of the campaign will be cancelled. With the exercise of the Right of Withdrawal, the Agreements and Contracts of any sort between the Buyer and the Seller are mutually terminated without any obligation of compensation or penal clauses.
As long as the Buyer sends the Product to be returned to the Seller with the Seller’s contracted cargo company specified in the Preliminary Information Form, the return shipping cost will belong to the Seller. In cases the Buyer sends the Product to be returned by a cargo company other than the contracted cargo company of the Seller specified in the Preliminary Information Form, the Seller is not responsible for the return shipping costs and the risks of damage to the Product during the cargo process. If there is no contracted cargo company branch of the Seller at the location of the Buyer for the return, the Buyer may send it with any cargo company, in this case, the shipping cost belongs to the Seller. However, suppose the Buyer purchases from a place other than Turkey, where the Seller’s Head Office is located, and the Product is delivered to an address outside of Turkey. In that case, the Buyer is solely responsible for any shipping fee (including return) and any customs duty and other administrative payments that may arise during this process. As specified under this Agreement, the relevant shipping charges (including returns) will be determined according to the product pricing. Additional charges may apply as the costs cannot be calculated in advance.
The Buyer will not be able to use his Right of Withdrawal in cases where the following goods or services are purchased.
The Buyer will not be able to use his Right of Withdrawal in cases where the following goods or services are purchased.
– Products that are specially prepared or designed, modified, added or removed in line with the Buyer’s wishes or personal needs.
– Products with any changes and/or additions at the request of the Buyer to the original size, weight or design previously determined by the Seller.
– Items that cannot be resold
– Products that are prepared with white gold and therefore evaluated within the scope of special orders as mentioned above.
– Products that are custom-made/designed according to personal measurements or by other means.
– Products that are not eligible for return in means of health/hygiene of which protective elements such as packaging, tape, seal, package have been opened after delivery.
The Buyer accepts that the notification regarding the Right of Withdrawal pursuant to the Distance Contracts Regulation is duly made.
ARTICLE 9 COMPETENT COURT
In the implementation of this agreement, the Consumer Arbitration Committee up to the value announced by the Ministry of Industry and Commerce and the Consumer Courts at the residence addresses of the Seller or the Buyer are competent. These are the authorities that the Buyer will apply.
In case the order is made, the Buyer is deemed to have accepted all provisions of this agreement.
This Agreement is concluded for commercial purposes.