Distance Sales Contract

ARTICLE 1– PARTIES

1.1 Seller 

Title: MİCHEL SAĞ MÜCEVHERAT SANAYİ VE TİCARET LİMİTED ŞİRKETİ 

Address: Alemdar Mah. Çatalçeşme Sok. Bateş Han No: 40 Kat: 1 Sultanahmet Fatih/ISTANBUL

Headquarters: 0212 528 79 57

E-mail: [email protected].

2.2 Buyer

Full Name / Title: ...........................

Address : …………………./………….

Phone: ………………..

E-mail   : ………………………….

 

ARTICLE 2 - DEFINITIONS

-The terms used in this Agreement have the following meanings:

Site: The website of the Seller www.missluciajewelry.com domain name of the Seller specified in Article 1.1 of this Agreement where the Product / Products to be supplied to the Buyer by the Seller are published / announced 

Buyer: The natural or legal person who purchases the Product(s) published/announced on the Site

Seller: The real or legal person who will supply the Product(s) subject to the Contract to the Buyer, within the scope of Law No. 4077 on the Protection of Consumers,

Product(s): The good(s) to be supplied by the Seller to the Buyer and the details of which are specified in Article 4 of this Agreement. 

 

ARTICLE 3 - SUBJECT MATTER OF THE CONTRACT

- The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts published in the Official Gazette dated 06.03.2011 and numbered 27866, regarding the purchase by the Buyer and supply by the Seller of the Product / Products published / announced on the Site and whose qualifications, quantity and sales price are specified below.

 

ARTICLE 4 - PRODUCT/PRODUCTS AND PAYMENT INFORMATION

- Information regarding the Product(s) subject to this Agreement, the sales price of the Product(s), delivery and payment methods are as follows:

Product Type/Sort :

Product Quantity (quantity) :

Sales Price (including VAT):

Total:

Payment Method and Plan:

 

ARTICLE 5 - GENERAL PROVISIONS

5.1 The Buyer accepts and declares that he/she has read the basic qualities of the Product(s) subject to the Contract, the sales price including all taxes, shipping fee, payment method and delivery, and the full name, surname/trade name, open address and contact information of the Seller, which are detailed in Article 4 of this Contract, in the “Preliminary Information Form” before this Contract is concluded and that he/she has given the necessary confirmation electronically.

5.2 In addition to the terms of this Contract, the parties accept and declare that they accept the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts published in the Official Gazette dated 06.03.2011 and numbered 27866 and that they will act in accordance with these provisions.

5.3 The Seller is responsible for the delivery of the Product(s) subject to this Contract to the Buyer or the person/organization at the address indicated by the Buyer within the period specified in the Preliminary Information Form and Article 4 of this Contract, provided that it does not exceed the legal thirty (30) day period, together with the warranty documents and user manuals, if any, intact, complete, defect-free, in accordance with the qualifications specified in the order. 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 for the failure of the person/organization to accept the delivery.

5.4 Delivery costs (cargo fee) shall be paid by the Buyer. The Seller shall not be held responsible for the failure to deliver the Product(s) ordered due to any problem encountered by the cargo company during the delivery of the Product(s).

5.5 SELLER may supply a different product of equal quality and price by informing BUYER and obtaining BUYER's explicit consent before the expiration of the performance obligation arising from the Seller'

5.6 In the event that the performance obligation arising from the contract becomes impossible, the Seller shall notify the Buyer of this situation before the expiration of the contractual performance obligation and shall return the total price to the Buyer within 14 (fourteen) days.

5.7 For the delivery of the Product(s) subject to the Contract, the price of the Product(s) must have been paid by the Buyer's preferred payment method. If for any reason the price of the Product(s) is not paid or is canceled in the bank records, the Seller shall be deemed to be released from the obligation to deliver the Product(s).

5.8 If the Seller cannot deliver the Product(s) subject to the Contract in due time due to force majeure or extraordinary circumstances such as weather opposition preventing transportation, interruption of transportation, it is obliged to notify the Buyer. In this case, the Buyer may exercise one of the following rights: cancellation of the order, replacement of the Product(s) subject to the Contract with its equivalent, if any, and/or postponement of the delivery period until the preventive situation is eliminated. If the Buyer cancels the order, the total amount paid shall be paid to him in cash and in lump sum within 10 days. For payments made by the Buyer by credit card, the product amount shall be returned to the relevant bank within 7 days after the order is canceled by the Buyer. Since the reflection of this amount to the Buyer's accounts after the return of this amount to the bank is entirely related to the bank transaction process, the Buyer accepts in advance that it will not be possible for the Seller to intervene in any way for possible delays and that it may take an average of 2 to 3 weeks for the amount returned to the credit card by the Seller to be reflected in the Buyer's account by the bank. In installment / deferred payments made by credit card, the bank's rules regarding the relevant application shall apply and the refund can also be made by the bank in installments / deferred.

 

ARTICLE 6 - RIGHT OF WITHDRAWAL

6.1 The Buyer has the right to withdraw from the Contract within 14 (fourteen) days without any justification.

6.2 Pursuant to Article 15 of the Regulation on Distance Contracts, in ring orders, there is no right of withdrawal (right of cancellation and return) depending on the legal conditions, since the ring size is prepared individually. In addition, the Seller does not have the right of withdrawal in all product groups, all personalized products and inscribed wedding rings and other products. In addition, all products produced in accordance with the Buyer's requests are included in the scope of products for which the right of withdrawal cannot be 

6.3 The right of withdrawal period starts on the day of the execution of the Contract in case of Contracts for the performance of services and on the day the consumer or the third party designated by the consumer receives the goods in case of Contracts for the delivery of goods. However, the consumer may exercise the right of withdrawal within the period from the conclusion of the Contract until the delivery of the goods.

6.4 Delivery of the goods by the Seller to the carrier shall not be deemed delivery to the consumer.  

6.5 In Contracts where the delivery of goods and performance of services are made together, the right of withdrawal provisions regarding the delivery of goods shall apply. Returning products received by exercising the right of withdrawal shall be subject to expertise and the return control process shall commence. 

6.6 In order to exercise the right of withdrawal, it is necessary to notify the Seller by phone or e-mail within 14 (fourteen) days or by my account section after logging in from the www.missluciajewelry.com website for customers with a membership, and the product must not be covered by 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 must be offered for resale by the Seller. In case this right is exercised:

- The original invoice of the product delivered to the 3rd party or the Buyer, if the invoice of the product to be returned is corporate, it must be sent to the Seller within 14 (fourteen) days together with the return invoice issued by the institution when returning. Returns of orders whose invoice is issued on behalf of legal entities will not be completed unless the RETURN INVOICE is issued.

- The products to be returned within 14 (fourteen) days from the submission of the right of withdrawal request must be returned to the Seller complete and undamaged together with the box, packaging, certificates, gift products and accessories, gift certificates, if any. In the event that any of these materials are not sent or are damaged, even if caused by the transportation company, the return process is completed by deducting the cost of the material from the return amount. The Buyer should contact the Seller via the contact information specified in the Seller's contact information to find out which path to follow for these transactions.

6.7 The prescribed carrier within the scope of the right of withdrawal is ARAS and HEPSİJET Cargo. 

6.8 The product price is returned to the Buyer within 14 (fourteen) days following the date on which the goods subject to the right of withdrawal request to the Seller are delivered by the Buyer to the carrier for return. However, if the consumer returns the goods with a carrier other than the one envisaged for return, the product price is returned to the buyer within 14 (fourteen) days from the date the goods reach the seller.

 

ARTICLE 7- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

7.1 Contracts for goods customized to the desires or personal needs of the Consumer. Therefore, if, at the request of the Buyer, a customized production is made in a color different from the mineral color presented on the website or for special orders other than the ring size range, necklace and bracelet size offered on the website, for inscribed wedding rings, or after the delivery of the ordered product to the buyer and when operations such as ring size, necklace, bracelet size and model changes are made in accordance with the buyer's request, these goods, which are specially produced in line with the special requests of the customer, and gelatinized perfumes are within the scope of products for which the right of withdrawal cannot be used. Pursuant to Article 15 of the Regulation on Distance Contracts, in ring orders, there is no right of withdrawal (right of cancellation and return) depending on the legal conditions, since the ring size is prepared individually. However, there is no right of withdrawal for inscribed wedding rings.

7.2 Contracts for goods or services whose price changes due to fluctuations in financial markets and which are not under the control of the Seller or the provider.  

7.3 Contracts for the delivery of perishable or expired goods.  

7.4 Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of goods whose return is not suitable in terms of health and hygiene.

7.5 Contracts relating to goods that are mixed with other products after delivery and cannot be separated due to their nature.

7.6 Contracts relating to books, digital content and computer consumables provided in tangible media if the protective elements such as packaging, tape, seal, package are opened after delivery of the goods.  

7.7 Contracts for the delivery of periodicals such as newspapers and magazines other than those provided under a Subscription Contrac

7.8 Contracts for accommodation, transportation of goods, car rental, provision of food and beverages and leisure time for entertainment or recreation which must be performed on a specific date or period.

7.9 Contracts relating to services performed instantly in electronic media or intangible goods delivered instantly to the consumer.,

7.10 Contracts relating to services whose performance is commenced with the consent of the consumer before the expiry of the right of withdrawal period.

7.11 Products delivered to an address outside the Customs Area of Turkey as a result of the buyer's declaration of an overseas delivery address are excluded from the scope of return. Customs costs, extra transportation costs and all other similar costs that may occur in the country of destination of the order shall be borne by the person pla

7.12 In the event that the products sent abroad do not reach the recipient and are returned to the Seller, the transportation fee is not refunded to the order holder and will not be returned free of charge.

7.13 Products delivered to an address outside the Customs Territory of Turkey as a result of the buyer's declaration of an overseas delivery address are excluded from the scope of return.

 

ARTICLE 8 - AUTHORIZED COURTS AND ENFORCEMENT OFFICES

- In disputes arising from the application of this Contract, the Consumer Problems Arbitration Committees in the place where the Buyer purchased the goods or where the Buyer's residence is located up to the value announced by the Ministry of Customs and Trade; Consumer Courts in the place where the Buyer or Seller resides are authorized for disputes exceeding the said value.

 

ARTICLE 9 - ENFORECEMENT

- All clauses of this Contract have been read and accepted by the Buyer and the Seller and this Contract has entered into force as of the date of electronic approval by the Buyer.

 

Seller 

Title: MİCHEL SAĞ MÜCEVHERAT SANAYİ VE TİCARET LİMİTED ŞİRKETİ 

Address: Alemdar Mah. Çatalçeşme Sok. Bateş Han No: 40 Kat: 1 Sultanahmet Fatih/ISTANBUL

Headquarters: 0212 528 79 57

E-mail: [email protected] 

Buyer 

Full Name / Title: ...........................

Address : …………………./………….

Phone: ………………..

E-mail: ………………………….