DISTANCE SALES CONTRACT
1. PARTIES
This Agreement has been signed between the following parties within the
framework of the terms and conditions specified below.
1. 'BUYER'; (hereinafter referred to as "BUYER" in the contract)
NAME SURNAME:
ADDRESS:
2. 'SELLER'; (hereinafter referred to as "SELLER" in the
contract)
NAME-SURNAME: GUFO JEWELRY-DERYA KAYGUSUZ BİÇER
ADDRESS: SUADİYE MH. BAGHDAD CD. NO:355/E KADIKÖY-İSTANBUL-TURKEY
By accepting this contract, the BUYER accepts in advance that if he
approves the order subject to the contract, he will be obliged to pay the price
subject to the order and additional fees, such as shipping fee and tax, if any,
and that he has been informed about this.
2.DEFINITIONS
In the implementation and interpretation of this agreement, the terms
written below will express the written explanations opposite them.
MINISTER: Republic of Turkey Minister of Customs and Trade,
MINISTRY: Republic of Turkey Ministry of Customs and Trade,
LAW: Republic of Turkey Law on Consumer Protection No. 6502,
REGULATION: Distance Contracts Regulation (OG: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than providing goods
that are made or promised to be done in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of
its commercial or professional activities or acts on behalf or on behalf of the
offerer of goods,
BUYER: Real or legal person who acquires, uses or benefits from a good or
service for commercial or non-professional purposes,
SITE: The website of the SELLER, ( www.gufojewelry.com
)
ORDERER: The real or legal person who requests a good or service through
the SELLER's website,
PARTIES: SELLER and BUYER,
CONTRACT: This agreement concluded between the SELLER and the BUYER,
GOODS: It refers to the movable goods and goods that are subject to
shopping.
3. TOPIC
This Agreement regulates the rights and obligations of the parties in
accordance with the provisions of the Consumer Protection Law No. 6502 and the
Regulation on Distance Contracts regarding the sale and delivery of the product
whose qualifications and sales price are specified below, which the BUYER
ordered electronically through the SELLER's website.
The prices listed and announced on the site are the sales price. Declared
prices and promises are valid until updated or changed. Prices announced
periodically are valid until the end of the specified period.
4. SELLER INFORMATION
COMPANY NAME/TITLE: GUFO JEWELRY-DERYA KAYGUSUZ BİÇER
ADDRESS: SUADİYE MH. BAGHDAD CD. NO:355/E KADIKÖY-İSTANBUL-TURKEY
EMAIL : info@gufojewelry.com
PHONE: +90 542 1851180
5. BUYER INFORMATION
Delivery person
Delivery address
Telephone
Email/username
6. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
6.1. The basic features (type, quantity, brand/model, color, quantity) of
the Good/Product(s)/Service are published on the SELLER's website. If a
campaign has been organized by the seller, you can review the basic features of
the relevant product during the campaign. It is valid until the campaign date.
6.2. The prices listed and announced on the site are the sales price.
Declared prices and promises are valid until updated or changed. Prices
announced periodically are valid until the end of the specified period.
6.3. Product shipping cost is paid by the BUYER unless otherwise stated on
the site.
7. GENERAL RULES
7.1. BUYER accepts, declares and undertakes that he/she has read the
preliminary information regarding the basic characteristics of the product
subject to the contract, sales price and payment method and delivery on the
SELLER's website, and has given the necessary confirmation electronically.
BUYER's; He/she accepts, declares and undertakes that he / she confirms the
Preliminary Information electronically and obtains the address to be given by
the SELLER to the BUYER before the establishment of the distance sales
contract, the basic features of the ordered products, the price of the products
including taxes, and the payment and delivery information accurately and
completely. .
7.2. Each product subject to the contract is delivered to the BUYER or the
person and/or organization at the address indicated by the BUYER within the
period specified in the preliminary information section on the website,
depending on the distance of the BUYER's residence, provided that it does not
exceed the legal period of 30 days. If the product cannot be delivered to the
BUYER within this period, the BUYER reserves the right to terminate the
contract.
7.3. SELLER undertakes to deliver the product subject to the contract
completely, in accordance with the qualifications specified in the order, and
with warranty documents, user manuals, if any, and the information and
documents required for the job, and to perform the job within the principles of
accuracy and honesty, free from any defects, in accordance with the
requirements of legal legislation, in accordance with the standards. accepts,
declares and undertakes to maintain and improve the quality of service, to show
the necessary care and attention during the performance of the work, and to act
with prudence and foresight.
7.4. The SELLER may supply a different product of equal quality and price
by informing the BUYER and obtaining his express approval before the
contractual performance obligation expires.
7.5. The SELLER accepts, declares and undertakes that if it becomes
impossible to fulfill the product or service subject to the order and cannot
fulfill its contractual obligations, it will notify the consumer in writing
within 3 days from the date of learning of this situation, and will refund the
total price to the BUYER within 14 days.
7.6. BUYER accepts, declares and undertakes that he/she will confirm this
Agreement electronically for the delivery of the product subject to the
contract, and that if the price of the product subject to the contract is not
paid for any reason and/or is canceled in the bank records, the SELLER's
obligation to deliver the product subject to the contract will end.
7.7. If the price of the product subject to the contract is not paid to the
SELLER by the relevant bank or financial institution as a result of the unfair
use of the BUYER's credit card by unauthorized persons after the delivery of
the product subject to the contract to the BUYER or the person and/or
organization at the address indicated by the BUYER, the BUYER shall accept the
product subject to the contract. He accepts, declares and undertakes that he
will return it to the SELLER within 3 days, at the shipping expense of the
SELLER.
7.8. The SELLER accepts, declares and undertakes to notify the BUYER of the
situation if it cannot deliver the product subject to the contract within the
time limit due to force majeure situations that develop beyond the will of the
parties, are unforeseen and prevent and/or delay the parties from fulfilling
their obligations. The BUYER also has the right to request from the SELLER to
cancel the order, replace the product subject to the contract with a similar
one, if any, and/or postpone the delivery period until the hindering situation
disappears. If the order is canceled by the BUYER, for the payments made by the
BUYER in cash, the product amount will be paid to him/her in cash and in lump
sum within 14 days. For payments made by the BUYER by credit card, the product
amount will be returned to the relevant bank within 14 days after the order is
canceled by the BUYER. BUYER warns that the average process for the bank to
reflect the amount returned to the credit card by the SELLER to the BUYER's
account may take up to 2 to 3 weeks, and since the reflection of this amount to
the BUYER's accounts after it is returned to the bank is entirely related to
the bank transaction process, the BUYER should contact the SELLER for possible
delays. accepts, declares and undertakes that it cannot be held responsible.
7.9. SELLER's communication, marketing, notification and communications
through letters, e-mails, SMS, telephone calls and other means through the
address, e-mail address, landline and mobile telephone lines and other contact
information specified by the BUYER in the site registration form or updated by
him later. has the right to reach the BUYER for other purposes. By accepting
this contract, the BUYER accepts and declares that the SELLER may engage in the
above-mentioned communication activities towards him/her.
7.10. BUYER will inspect the goods/services subject to the contract before
receiving them; dents, broken, packaging torn, etc. Damaged and defective
goods/services will not be received from the cargo company. The goods/services
received will be deemed to be undamaged and intact. The BUYER is responsible
for carefully protecting the goods/services after delivery. If the right of
withdrawal is to be used, the goods/services should not be used. The invoice
must be returned.
7.11. If the BUYER and the credit card holder used during the order are not
the same person, or if a security vulnerability is detected in the credit card
used in the order before the product is delivered to the BUYER, the SELLER will
provide the identity and contact information of the credit card holder and the
previous month's statement of the credit card used in the order. or may request
the BUYER to submit a letter from the card holder's bank stating that the
credit card belongs to him/her. The order will be frozen until the BUYER
provides the information/documents subject to the request, and if the said
requests are not met within 24 hours, the SELLER has the right to cancel the
order.
7.12. BUYER declares and undertakes that the personal and other information
provided while subscribing to the SELLER's website is accurate, and that the
SELLER will compensate all damages that the SELLER may incur due to the untruth
of this information, immediately, in cash and in lump sum, upon the first
notification of the SELLER.
7.13. BUYER accepts and undertakes to comply with the legal regulations and
not to violate them while using the SELLER's website. Otherwise, all legal and
criminal liabilities that may arise will be entirely and exclusively binding on
the BUYER.
7.14. BUYER cannot use the SELLER's website in any way that disrupts public
order, is contrary to general morality, disturbs or harasses others, for an
unlawful purpose, or in a way that violates the material and moral rights of
others. In addition, the member cannot engage in any activity (spam, virus,
trojan horse, etc.) that prevents or makes it difficult for others to use the
services.
7.15. Links may be provided through the SELLER's website to other websites
and/or other content that are not under the SELLER's control and/or owned
and/or operated by other third parties. These links are provided to provide
ease of navigation to the BUYER and do not support any website or the person
operating that site and do not constitute any warranty for the information
contained in the linked website.
7.16. The member who violates one or more of the articles listed in this
contract will be personally and criminally and legally responsible for this
violation and will keep the SELLER free from the legal and criminal
consequences of these violations. Moreover; Due to this violation, if the
incident is referred to the legal field, the SELLER reserves the right to claim
compensation against the member for non-compliance with the membership
agreement.
8. RIGHT OF WITHDRAWAL
8.1.GENERAL:
• If you place an order electronically through the website you are using,
you are deemed to have accepted the preliminary information form and distance
sales contract presented to you.
• Buyers are subject to the provisions of the Consumer Protection Law No.
6502 and the Distance Contracts Regulation (OG: 27.11.2014/29188) and other
applicable laws regarding the sale and delivery of the products they purchase.
• Shipping fees, which are product shipping costs, will be paid by buyers,
except for periodic promotions announced on the website.
• Each purchased product is delivered to the person and/or organization at
the address specified by the buyer, provided that it does not exceed the legal
period of 30 days. If the product is not delivered within this period, Buyers
may terminate the contract.
• The purchased product must be delivered complete and in accordance with
the qualifications specified in the order and with documents such as warranty
certificate and user manual, if any.
• If it becomes impossible to sell the purchased product, the seller must
notify the buyer in writing within 3 days of learning about this situation. The
total price must be returned to the Buyer within 14 days.
8.2.IF THE PRICE OF THE PURCHASED PRODUCT IS NOT PAID:
• If the Buyer does not pay for the product he purchased or cancels it in
his bank records, the Seller's obligation to deliver the product ends.
8.3.PURCHASES MADE WITH UNAUTHORIZED USE OF CREDIT CARD:
• After the product is delivered, if it is determined that the credit card
with which the buyer paid has been used unfairly by unauthorized persons and
the price of the product sold is not paid to the Seller by the relevant bank or
financial institution, the Buyer will return the product subject to the
contract within 3 days, the transportation expenses of which will be borne by
the SELLER. must return it to the SELLER.
8.4.IF THE PRODUCT CANNOT BE DELIVERED ON TIME DUE TO UNPREDICTABLE
REASONS:
• If force majeure occurs that the Seller cannot foresee and the product
cannot be delivered on time, the Buyer is notified. The buyer may request to
cancel the order, replace the product with a similar one, or postpone the
delivery until the obstacle is eliminated. If the buyer cancels the order; If
the payment is made in cash, this fee will be paid in cash within 14 days from
the date of cancellation. If the buyer has made the payment by credit card and
cancels it, the product price will be returned to the bank within 14 days from
this cancellation, but it is possible that the bank will transfer it to the
buyer's account within 2-3 weeks.
•
8.5. BUYER'S OBLIGATION TO CHECK THE PRODUCT:
• The buyer will inspect the goods/services subject to the contract before
receiving them; dents, broken, packaging torn, etc. Damaged and defective
goods/services will not be received from the cargo company. The goods/services
received will be deemed to be undamaged and intact. BUYER must protect the
goods/services carefully after delivery. If the right of withdrawal is to be
used, the goods/services should not be used. The Invoice must be returned along
with the product.
8.6.RIGHT OF WITHDRAWAL:
• BUYER; Within 14
(fourteen) days from the date of delivery of the product purchased to him/her
or to the person/organization at the address indicated, he/she may exercise his
right of withdrawal from the contract by rejecting the goods without assuming any
legal or criminal liability and without giving any justification, provided that
he notifies the SELLER via the contact information below.
8.7. SELLER'S CONTACT INFORMATION FOR RIGHT OF WITHDRAWAL NOTIFICATION:
COMPANY NAME/TITLE: GUFO JEWELRY-DERYA KAYGUSUZ BİÇER
ADDRESS: SUADİYE MH. BAGHDAD CD. NO:355/E KADIKÖY-İSTANBUL
EMAIL : info@gufojewelry.com
PHONE: 05325623310
8.8. USE OF THE RIGHT OF WITHDRAWAL:
• The invoice of the product delivered to the third party or the BUYER, (If
the invoice of the product to be returned is corporate, it must be sent
together with the return invoice issued by the institution when returning it.
Order returns whose invoice is issued on behalf of the institutions cannot be
completed unless the RETURN INVOICE is issued.)
• Return form: The products to be returned must be delivered complete and
undamaged, together with their box, packaging and standard accessories, if any.
8.9.RETURN CONDITIONS:
• The SELLER is obliged to return the total price and the documents that
put the BUYER in debt to the BUYER within 10 days at the latest after receiving
the notice of withdrawal, and to receive the goods back within 20 days.
· If there is a decrease 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 damages in proportion to the fault.
· If the campaign limit amount set by the SELLER falls below the campaign
limit due to the exercise of the right of withdrawal, the discount amount used
within the scope of the campaign will be cancelled.
8.10. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED:
• Products that are personalized during the order, produced in line with
these requests and delivered to the customer are not within the scope of the
right of return and withdrawal.
9. COMPETENT COURT
In disputes arising from this contract, complaints and objections will be
made to the arbitration committee or consumer court on consumer issues in the
place where the consumer resides or where the consumer transaction is made,
within the monetary limits specified in the law below. Information regarding
the monetary limit is below:
Effective as of 28/05/2014:
a) To district consumer arbitration committees in disputes with a value
below 2,000.00 (two thousand) TL, in accordance with Article 68 of the Law on
Consumer Protection No. 6502,
b) To provincial consumer arbitration committees in disputes with a value
below 3,000.00 (three thousand) TL,
c) In provinces with metropolitan status, applications are made to
provincial consumer arbitration committees in disputes with a value between
2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.
This Agreement is concluded for commercial purposes.
10. ENFORCEMENT
When the BUYER makes the payment for the order placed on the Site, he/she
is deemed to have accepted all the terms of this agreement. The SELLER is
obliged to make the necessary software arrangements to obtain confirmation that
this contract has been read and accepted by the BUYER on the site before the
order is placed.