DISTANCE SALES CONTRACT
1. PARTIES
This Agreement is executed between the parties stated below under the terms and conditions specified herein.
A. BUYER
(Hereinafter referred to as the "BUYER" in this Agreement)
Name – Surname: (Information entered during the order)
Address: (Information entered during the order)
B. SELLER
(Hereinafter referred to as the "SELLER" in this Agreement)
Title / Name – Surname: Özer Gümüş – Tevfik Özer
Address: Meşrutiyet Mahallesi Yüksel Caddesi No: 8/16,
Çankaya / Kızılay / Ankara / Türkiye
Phone: 0850 807 60 61
E-mail: [email protected]
Tax Office: Çankaya Vergi Dairesi
Tax Number: 11848119496
MERSİS Number: 0733063841000001
Website: https://onesilvergold.myikas.com
By accepting this Agreement, the BUYER accepts the obligation to pay the order amount and any additional fees, if any.
2. DEFINITIONS
In the implementation and interpretation of this Agreement, the terms written below shall have the meanings specified opposite them.
MINISTER: Gümrük ve Ticaret Bakanı,
MINISTRY: Gümrük ve Ticaret Bakanlığı,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Distance Contracts Regulation (RG:27.11.2014/29188)
SERVICE: All kinds of consumer transactions other than the supply of goods, which are performed or undertaken to be performed in return for a fee or benefit,
SELLER: The company that offers goods to consumers within the scope of its commercial or professional activities, or acts on behalf of or on account of the one offering goods,
BUYER: The real or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDERING PARTY: The real or legal person who requests a good or service via the website of the SELLER,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This Agreement concluded between the SELLER and the BUYER,
GOODS: Movable goods subject to shopping and intangible goods such as software, audio, visual and similar products prepared for use in electronic environment.
3. SUBJECT
This Agreement regulates the sale and delivery of the products ordered electronically by the BUYER via the website of the SELLER and the rights and obligations of the parties.
All announced prices remain valid until updated.
4. SELLER INFORMATION
Title: Özer Gümüş – Tevfik Özer
Address: Meşrutiyet Mahallesi Yüksel Caddesi No: 8/16, Çankaya / Kızılay / Ankara
Phone: 0850 807 60 61
E-mail: [email protected]
Website: onesilvergold.myikas.com
Fax: Not available
5. BUYER INFORMATION
(The information entered by the BUYER during the order shall be valid here.)
· Person to be delivered
· Delivery address
· Phone
6. ORDERING PARTY INFORMATION
(The person placing the order and the buyer may be the same. The information entered in the system shall be valid.)
7. INFORMATION ON THE PRODUCT / SERVICE SUBJECT TO THE AGREEMENT
(The information such as the characteristics, quantity and price of the products shall be valid as shown on the order screen.)
7.4. The shipping fee is covered by the SELLER. (Free shipping throughout Türkiye)
8. INVOICE INFORMATION
· Name / Surname / Title: (Information entered during the order)
· Address: (Information entered during the order)
· Phone, e-mail
Invoice delivery: It is sent together with the product during order delivery.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that he/she has read and been informed about the basic characteristics of the product subject to the Agreement, the sales price and payment method and the preliminary information regarding delivery on the website of the SELLER, and that he/she has given the necessary confirmation electronically. The BUYER accepts, declares and undertakes that by confirming the Preliminary Information electronically, he/she has obtained the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic characteristics of the ordered products, the prices of the products including taxes, and the payment and delivery information accurately and completely.
9.2. Each product subject to the Agreement shall be delivered to the BUYER or to the person and/or organization at the address specified by the BUYER within the period specified in the preliminary information section on the website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days. In case the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares and undertakes to deliver the product subject to the Agreement completely, in accordance with the qualifications specified in the order, together with warranty certificates, user manuals and the information and documents required by the nature of the work, free from any defects, in accordance with the requirements of the legislation, in a sound and standard-compliant manner, to perform the work in accordance with the principles of accuracy and honesty, to maintain and improve service quality, to show the necessary care and attention during the performance of the work, and to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining the BUYER’s explicit approval before the expiry of the performance obligation arising from the contract.
9.5. If the SELLER cannot fulfill its obligations under the contract in case the performance of the ordered product or service becomes impossible, the SELLER accepts, declares and undertakes to notify the consumer in writing within 3 days from the date it learns of this situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that in case the price of the product subject to the Agreement is not paid for any reason and/or is cancelled in bank records, the SELLER’s obligation to deliver the product subject to the Agreement shall terminate.
9.7. In the event that the price of the product subject to the Agreement is not paid to the SELLER by the relevant bank or financial institution as a result of unauthorized use of the BUYER’s credit card by unauthorized persons after the delivery of the product to the BUYER or to the person and/or organization at the address specified by the BUYER, the BUYER accepts, declares and undertakes to return the product subject to the Agreement to the SELLER within 3 days, with the shipping costs to be borne by the SELLER.
9.8. If the SELLER cannot deliver the product subject to the Agreement within the period due to force majeure events that develop beyond the will of the parties, are unforeseeable and prevent and/or delay the parties from fulfilling their obligations, the SELLER accepts, declares and undertakes to notify the BUYER. The BUYER has the right to request the cancellation of the order, the replacement of the product subject to the Agreement with its equivalent, if any, and/or the postponement of the delivery period until the obstructive situation is eliminated. In case the BUYER cancels the order, the product amount paid in cash shall be paid to the BUYER in cash and in full within 14 days. In payments made by the BUYER by credit card, the product amount shall be refunded to the relevant bank within 14 days after the order is cancelled by the BUYER. The BUYER accepts, declares and undertakes that the average process of the amount refunded to the credit card by the SELLER being reflected in the BUYER’s account by the bank may take 2 to 3 weeks, and that the reflection of this amount to the BUYER’s account after the refund to the bank is entirely related to the bank’s transaction process, and therefore the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER via the address, e-mail address, fixed and mobile phone lines and other communication information specified by the BUYER in the site registration form or updated later by the BUYER, for communication, marketing, notification and other purposes by letter, e-mail, SMS, phone call and other means. By accepting this Agreement, the BUYER accepts and declares that the SELLER may carry out the communication activities stated above towards him/her.
9.10. The BUYER shall inspect the goods/services before accepting delivery; dented, broken, torn-packaged, etc. damaged and defective goods/services shall not be accepted from the cargo company. The received goods/services shall be deemed to be undamaged and intact. After delivery, the obligation to protect the goods/services carefully belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
9.11. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability regarding the credit card used in the order is detected before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month, or a letter from the card holder’s bank stating that the credit card belongs to him/her. The order shall be frozen until the BUYER provides the requested information/documents, and if these requests are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while registering on the website of the SELLER is accurate, and that he/she shall immediately compensate the SELLER for all damages that the SELLER may incur due to the inaccuracy of this information, in cash and in full, upon the first notification of the SELLER.
9.13. The BUYER accepts and undertakes in advance to comply with the provisions of the legislation while using the website of the SELLER and not to violate them. Otherwise, all legal and criminal liabilities that may arise shall be borne solely and exclusively by the BUYER.
9.14. The BUYER may not use the website of the SELLER in any way that disturbs public order, is contrary to general morality, disturbs or harasses others, for an unlawful purpose, or in a manner that violates the material and moral rights of others. In addition, the member may not engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
9.15. The website of the SELLER may contain links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by third parties. These links are provided for the convenience of the BUYER and do not support any website or the person operating that website, and do not constitute any guarantee regarding the information contained on the linked website.
9.16. The member who violates one or more of the provisions listed in this Agreement shall be personally liable for such violation in criminal and legal terms and shall hold the SELLER harmless from the legal and criminal consequences of such violations. In addition, if the incident is brought to the legal field due to such violation, the SELLER reserves the right to claim compensation from the member due to non-compliance with the membership agreement.
The provisions regarding the obligations of the SELLER, delivery conditions, force majeure, and the BUYER’s control obligations are valid in this section.
10. RIGHT OF WITHDRAWAL
The BUYER may exercise the right of withdrawal within 14 days from the date of receipt of the product without giving any reason.
Address to which the withdrawal notification will be made:
Özer Gümüş – Tevfik Özer
Meşrutiyet Mahallesi Yüksel Caddesi No: 8/16
Çankaya / Kızılay / Ankara / Türkiye
E-mail: [email protected]
Phone: 0850 807 60 61
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
In accordance with One Silver Gold product processes, there is no right of withdrawal for the following products:
· Customized products (name-engraved, custom-sized, special design, etc.)
· Products that are not suitable for return due to hygiene reasons (earrings, piercings, etc.)
12. DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults in case of making payments by credit card, the BUYER accepts, declares and undertakes that he/she will pay interest within the framework of the credit card agreement with the cardholder bank and will be responsible to the bank. In this case, the relevant bank may apply legal remedies; may demand the expenses and attorney fees from the BUYER, and in any case, if the BUYER defaults due to his/her debt, the BUYER accepts, declares and undertakes to compensate the SELLER for all damages and losses incurred by the SELLER due to delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this Agreement, complaints and objections shall be made to the consumer arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction is carried out, within the monetary limits specified in the relevant law. The monetary limits are stated below:
As of 28/05/2014:
a) District Consumer Arbitration Committees for disputes below 2,000.00 TL pursuant to Article 68 of the Law No. 6502 on the Protection of Consumers,
b) Provincial Consumer Arbitration Committees for disputes below 3,000.00 TL,
c) In metropolitan provinces, Provincial Consumer Arbitration Committees for disputes between 2,000.00 TL and 3,000.00 TL.
This Agreement is made for commercial purposes.
14. EFFECTIVENESS
The BUYER shall be deemed to have accepted all provisions of this Agreement at the moment of payment via the website.
SELLER:
Özer Gümüş – Tevfik Özer
BUYER:
(Information entered during the order)
DATE:
(The order date is automatically generated)