DISTANT SALES AGREEMENT
1. PARTIES AND PRODUCT INFORMATION OF
Company: Karun Kuyumculuk - Karun Kiraç
Address: Teşvikiye cad. No:25/B Nişantaşı - İstanbul
Phone: +90 212 227 74 76
Fax: +90 212 227 95 35
Central registration system number:
2. SUBJECT AND SCOPE OF THE AGREEMENT
2.1. This Distant Sales Agreement has been issued per the Law on Protection of the Consumer and the Regulation on Distant Sales Agreements. This agreement is to identify the rights and obligations of the parties regarding the sale and delivery of the products with the quality and price specified in Article 3 of this Agreement ordered by the BUYER from the SELLER. According to the provisions of the Law on Protection of the Consumer No. 6502 and the Regulation on Distant Sales Agreements published in the Official Gazette dated 27.11.2014 and numbered 29188, it is published on the website of www.karunkirac.com
2.2. The parties of this Agreement agree and declare that they are aware of and understand their obligations and responsibilities arising from the Law on Protection of the Consumer No.6502 and the Regulation on Distant Sales Agreements hereunder.
3. MAIN FEATURES AND PRICE OF GOODS AND SERVICES (INCLUDING VAT)
The main characteristics of the goods covered by the agreement: Product type and quality, Quantity, Brand/Product Name, Details, Price Including Taxes (quantity x unit price) are as follows.
Total (VAT Included): 2275.25 TL
Shipping Fee: 0.00 TL
Payment Method: Credit Card
Payment Options: Installment
Shipping fee: 0,00 TL
If the order is approved, the BUYER is deemed to have accepted all the terms and conditions of this Agreement.
4. GENERAL PROVISIONS
4.1. The BUYER declares that it has read and become aware of the preliminary information related to the basic qualities of the contractual product, sales price including taxes and the payment method and shipment, and that unless stated otherwise, the expenses thereof will cover by the BUYER, the term for shipment and full commercial title and contact information of the SELLER, that it obtained complete and accurate information on the terms for using the right of withdrawal and that it has given the confirmation in an electronic medium.
4.2. The contractual product will be delivered to the BUYER or the person/organization at the address indicated, provided that it does not exceed 30 (thirty) days following the approval of the order. Official holidays and religious/national holidays are not included in this period. The customer will sign the delivery report after inspecting the product during delivery. With the signing of the delivery report, the Customer or the person acting on behalf of the Customer will be deemed to have declared without any deficiencies that they have received the product in full and without any damage.
4.3. If the contractual product will be delivered to a person/entity other than the BUYER, the SELLER shall not be held responsible for the non-acceptance of the delivery by that person/entity.
4.4 The SELLER is responsible for the delivery of the product subject to this Agreement, fully in intact/undamaged condition, with qualifications specified in the order.
4.5. BUYER may convey its demands and complaints using the communication channels specified above. Complaints and requests will be answered by the SELLER customer service as soon as possible.
4.6 If there are errors in the product price, product description, product quality, etc. due to technical or material errors at the stage of the sale of the product on the Website, the SELLER has the right to cancel the order and return the collected amounts to the BUYER per the provisions of the relevant legislation.
4.7. If the SELLER fails to fulfill the contractual obligations in case fulfilling the contractual product or service becomes impossible, the SELLER notifies the BUYER in writing or via a permanent data storage within three days from the date of learning, and returns all payments collected including delivery costs, if any no later than fourteen days upon the date of notification.
4.8 If the order and/or service becomes impossible to perform at the end of the campaign period, the SELLER reserves the right to supply different products of equal quality and price with the approval of the BUYER to fulfill the contractual performance obligation,
4.9 After the delivery of the product, in case the relevant bank or financial institution does not pay the product price to the SELLER due to the unauthorized use of the credit card, bank card, and/or other payment systems offered on the Website by unauthorized persons unfairly or unlawfully without the negligence of the BUYER, provided that the product is delivered to the BUYER, it is obligatory to return the product to the SELLER within 3 (three) days. In this case, the delivery costs belong to the BUYER.
4.10 SELLER is obliged to inform the BUYER if the SELLER is unable to deliver the product because of Force Majeure or exceptional cases such as weather conditions or transportation outage within the due period. In this case, the BUYER has the right to cancel the order and terminate the agreement. If the agreement is terminated, the SELLER is obligated to return all payments it collected, including delivery costs, if any, to the BUYER in cash and at once within 14 (fourteen) days following the receipt of the notice of termination.
4.11 In cases where it is impossible to perform the deed of the goods or services subject to the order per the 4th paragraph of the Article 16 of the Regulation on Distant Sales Agreement numbered 29188, which entered into force on 27.02.2015, the seller or the provider are obligated to inform the consumer in writing or a permanent data store within three days from the date the seller or supplier becomes aware of this situation and to return all payments collected, including delivery costs, within fourteen days at the latest from the date of notification.
4.12 In cases where the BUYER exercises its right of withdrawal or the product subject to the order cannot be supplied for various reasons or the arbitration committee decides to refund the fee to the BUYER if the shopping is made by credit card and in installments, the SELLER shall pay the price of the product to the Bank at once. If the BUYER purchased the product in installments, the Bank pays the BUYER in the same installment quantity. In wire transfer/EFT or cash on delivery options, the refund will be made as wire transfer/EFT to the account notified by the Consumer (provided that the account is in the name of the person in the invoice address or the name of the user member) after the bank account information is requested from the Consumer.
5. RIGHT OF WITHDRAWAL
5.1. The consumer has the right to withdraw from the agreement within 14 (fourteen) days without stating a reason and without incurring any expense. The period for right of withdrawal commences on the establishment date of the agreement for agreements on service provision, and the delivery date of goods to the consumer or third person designated by the consumer for agreements on delivery of goods. However, the consumer may also exercise his/her right of withdrawal within the period from signing the agreement to the delivery of goods.
5.2. When determining the right of withdrawal the following will be taken as a basis: a) For the goods that constitute a single order but delivered separately, the day the consumer or the third party designated by the consumer receives the final product, b) For the goods consisting of more than one piece, the day the consumer or the third party designated by the consumer receives the last part, c ) In the contracts where the goods are delivered regularly for a certain period, the day the consumer or the third party designated by the consumer receives the first goods.
5.3. The provisions of the right of withdrawal regarding the delivery of goods shall be applied in the contracts where the delivery of goods and the performance of services are concluded together.
5.4. To use the right of withdrawal within 14 (fourteen) days, the SELLER shall be notified by phone or e-mail and the product shall not be covered by the provisions of Article 15 titled "Exceptions to the Right of Withdrawal" of the Regulation on Distance Sales Agreements published in the Official Gazette on 27.11.2014 and it must be available for resale by the SELLER.
a) The invoice of the product delivered to the third party or to the BUYER, (the invoice of the product to be returned) must be sent to the SELLER within 10 (ten) days with the return invoice issued by the institution when it is returned. Order refunds of which invoice was issued in the name of the institutions shall not be completed unless the RETURN INVOICE is not billed.)
b) Within 10 (ten) days following the transmission of the request to withdraw, the box, packaging, certificates, gift products, and accessories, if any, shall be returned to the SELLER in a complete and undamaged manner. If any of these materials are not sent or are damaged even if they originated from the shipping company, the return process is completed by deducting the cost of the material from the return amount. The BUYER should learn the path to follow for these transactions by contacting the SELLER from the specified contact information.
The carrier set out per the right of withdrawal is Yurtiçi Kargo.
The product price is returned to the BUYER within 14 (fourteen) days following the receipt of the right of withdrawal by the SELLER.
5.5. Unless the seller or provider makes an offer to take back the goods, the consumer shall send the goods back to the seller or provider or the person authorized by him within ten days from the date of notification of the use of the right of withdrawal.
5.6. If the consumer requests the shipment of the goods by a carrier other than the carrier designated by the seller, the seller is not responsible for any loss or damage that may occur after the delivery of the goods to the relevant carrier.
6. PROVISIONS REGARDING THE EXERCISE OF THE RIGHT OF RETURN AND CHANGE
6.1. Incoming products are first examined by Karun Jewelry. When the purchased product meets the above conditions (with the understanding that it does not have one of the exceptions to use the Right of Withdrawal), the change and return process begins. Once the change and return have been confirmed, the buyer will be notified by an e-mail stating YOUR CHANGE or REFUND IS CONFIRMED (YOUR CHANGE/REFUND APPROVED). Within 14 (fourteen) days legal period and in any case, within 30 days following this notification, the new product (changed product) will be sent to your address or the product price will be returned to the BUYER within 14 (fourteen) days following the receipt of the request of withdrawal by the SELLER.
6.2. Products without an invoice and packaging may not be changed.
6.3 The exchange and return of products with damaged original packaging, that can no longer be sold, and not in a condition to allow the buyer by another customer shall not be accepted. The product that is planned to be changed or returned must have all labels on it and no change should have been made.
6.4. You must send the original invoice, all copies, together with the product you are considering to change or return. Change is not accepted for products without invoice.
6.5. The shipping costs of the products you want to change or return will be covered by our company. To take advantage of free shipping, you shall send your cargo to the Seller address, ......................................................../ Istanbul, through a courier firm that we are in contractual relations with. For refunds made through other courier companies, the courier charges will be paid by the buyer.
7. EXCEPTIONS REGARDING THE RIGHT OF WITHDRAWAL
7.1. The customer cannot use its right of withdrawal in contracts related to the delivery of any of the following products:
According to ARTICLE 15;
a) Agreements of made-to-order goods according to the wishes and personal needs of the Consumer.Therefore, in case a personalized production is made in another color than the mineral color offered in the website with the request of the BUYER or in the special orders other than the ring size scale, necklace and bracelet size offered on the website, in wedding rings with names engraved inside or when processes such as a change in the ring size, necklace, bracelet size and model in line with the request of the BUYER after the ordered product is delivered, these products that are specially produced in line with the special requests of the customer fall within the scope of the product on which no right of withdrawal may be used.
b) Contracts for goods or services whose price varies depending on fluctuations in the financial markets and are not under the control of the seller or provider.
c) Agreements regarding the delivery of goods that are not suitable for return in terms of health and hygiene if protective elements such as packaging, adhesive tape, seal, bag, etc. are unwrapped after delivery.
d) Agreements regarding the delivery of goods that may perish or expire.
e) Contracts of goods that are not suitable for health and hygiene issues after they are unpacked upon the delivery
f) Contracts of goods which are mixed with other products after delivery and which cannot be separated by their nature
g) Contracts of tangible materials such as books, digital content, and computer consumables of which the protective components such as package, tape, seal, box were opened/unwrapped by the BUYER upon the delivery.
h) Contracts for services rendered in an electronic environment or royalties delivered to consumers instantly.
j) Contracts regarding the services commenced with the approval of the consumer before the term for the right of withdrawal expires.
The consumer MAY NOT use the right of withdrawal in the above contracts.
8. OTHER PROVISIONS
8.1. This Agreement is governed by Turkish Law and shall be valid and binding per the Turkish Law rules. In the complaints and applications up to the monetary limit determined by the Ministry of Commerce of the Republic of Turkey, the Consumer Arbitration Committee located in the recipient's residence is located and the location where the products are purchased shall be competent; In the complaints and applications exceeding the monetary limit determined by the Ministry, the Consumer Courts located in the residence address of the BUYER and in the place where the products are purchased shall be competent. In places where there are no Consumer Courts, the Civil Courts of First Instance will be the competent authority.
8.2. Regarding any change in the address of any party given at the time of signing this agreement, the parties are obligated to inform each other in writing by registered mail about the new mailing addresses, clearly notifying that there is a change of address. Otherwise, correspondence to the previous address will be considered valid.
8.3. The information hereunder is provided for commercial purposes per the remote communication tools used in goodwill, in a way to protect minors, those who are not able to distinguish and adults.
9. BUYER'S DECLARATION
9.1. The BUYER hereby declares that he has read the Preliminary Information contained in this Agreement, including all the information regarding the basic characteristics, price, and payment method and delivery of the contractual product. It is deemed to have provided the necessary confirmation in the electronic environment.
10. DATE AND PLACE OF SIGNATURE
10.1. This Distance Sales Agreement has been signed on 11.11.11111 electronically, and a copy of this contract is sent electronically to the e-mail address of the BUYER specified in Article 1 herein.