Distance Selling Contract
ARTICLE 1. PARTIES
Name: Jasmin Özişci
Address: Kaptan Arif Sokak No/35 Erenköy / Kadıköy Istanbul Turkey.
GSM: +90 532 6956260
E-mail: [email protected]
ARTICLE 2. SUBJECT
The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6052 on the Protection of Consumers and the Distance Contracts Regulation regarding the sale and delivery of the products ordered electronically from the www.dearvictoriajewelry.com website of the SELLER.
ARTICLE 3. CONTRACT SUBJECT PRODUCT, PROVISIONS REGARDING PAYMENT and REFUND
AUTOMATIC Order and Price will be reflected.
3.1. Payment Method
3.1.1. Cash on Delivery: When you choose the cash payment option at the door, our products will be delivered to you by cargo and you can pay the product price to the cargo officer at the door.
3.1.2. Credit Card Payment: In order to pay by credit card, you must fill in the credit card information completely and completely in the relevant sections. You can make a single payment with your credit card or you can pay by dividing it into different installment options. Your bank may organize campaigns and apply a higher number of installments than the number of installments you have chosen, and services such as installment deferment may be offered. Such campaigns are at the initiative of your bank and if our company is aware of them, information about the campaigns is provided on our pages. As of the cut-off date of your credit card, the order total will be divided by the number of installments and will be reflected in your credit card statement by your bank. The bank may not distribute the installment amounts equally to the months, taking into account the fraction differences. The creation of your detailed payment plan is at the discretion of your bank.
3.1.3. Payment by Wire Transfer: If you wish to pay by wire transfer, you can make a wire transfer to our company's account at Garanti Bank, branch code 301 account number 6298523 and IBAN number TR63 0006 2000 3010 0006 2985 23.
3.2. On the other hand, since forward sales are made only with credit cards belonging to Banks, the BUYER accepts, declares and undertakes that the relevant interest rates and information about the default interest will be confirmed separately from the bank, and that the provisions regarding interest and default interest in accordance with the provisions of the legislation in force will be applied within the scope of the credit card agreement between the Bank and the BUYER.
3.3. Return Procedure
3.3.1. Credit Card Refund Procedure: In cases where the BUYER uses the right of withdrawal or in cases where the product subject to the order cannot be supplied for various reasons or in cases where it is decided to refund the price to the consumer with the decisions of the Consumer Problems Arbitration Committee, if the shopping was made by credit card as a single shot or in installments, the credit card refund procedure is stated below:
(Company Title) After paying the full amount of the product price to the bank at one time, in case of the refund of the installment expenditures made from the bank poses to our customer's credit card, the requested refund amounts are transferred to the bearer party accounts by the bank in installments in order to prevent the parties involved in the matter from being victimized. The installment amounts paid by the customer until the cancellation of the sale, if the return date and the account cut-off dates of the card do not coincide, 1 refund will be reflected on the card every month and the customer will receive the installments paid before the return after the installments of the sale are over, the number of installments paid before the return will be received for another month and will be deducted from the existing debts.
The BUYER accepts and undertakes that he / she has read and accepted this procedure.
3.3.2. Return Procedure for Payment at the Door and Money Order Payment Options: In the payment options of payment at the door and money order payment options, the refund will be made by requesting bank account information from the consumer and will be made in the form of a transfer to the account specified by the consumer (the account must be in the name of the person at the billing address or in the name of the user member).
3.4. Delivery Method and Address
Delivery will be delivered by hand at the address specified by the BUYER in the order form through one of the contracted cargo companies. Even if the BUYER is not present at the address at the time of delivery, the SELLER shall be deemed to have fulfilled its obligation in full and in full. For this reason, any damages arising from the late receipt of the product by the BUYER and the expenses due to the product waiting in the cargo company and / or the return of the cargo to the SELLER belong to the BUYER. The shipping cost is not included in the product price. The shipping cost is added to the order amount and paid by the consumer. The campaigns regarding the shipping cost are at the initiative of our company and in these cases, the prices stated above are not valid.
ARTICLE 4. GENERAL PROVISIONS
4.1. The BUYER declares that he / she has read and informed the preliminary information regarding the basic qualities, sales price and payment method and delivery of the products that are the subject of the contract on the website www.dearvictoriajewelry.com and that he / she has given the necessary confirmation electronically.
4.2. The product subject to the contract is delivered to the BUYER or the person / organization at the address indicated by the BUYER within the period described in the preliminary information on the website, depending on the distance of the BUYER's settlement for each product, provided that it does not exceed the legal fourteen-day period.
4.3. If the product subject to the contract will be delivered to a person / organization other than the BUYER, the SELLER cannot be held responsible for the person / organization to be delivered not accepting the delivery.
4.4. The SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
4.5. For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid with the payment method preferred by the BUYER. If for any reason the product price is not paid or canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.
4.6. After the delivery of the product, if the bank or financial institution does not pay the product price to the SELLER due to the unfair or unlawful use of the credit card of the BUYER by unauthorized persons in a way that is not caused by the BUYER's fault, the product must be sent to the SELLER within three days, provided that it has been delivered to the BUYER.
ARTICLE 5. RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw by refusing the goods within fourteen days from the delivery of the product subject to the contract to him or the person / organization at the address indicated. If the SELLER or Provider does not fulfill its obligations specified in Article twelve of the Distance Contracts Regulation, the right of withdrawal period is fourteen days. It is sufficient to notify the notification of the exercise of the right of withdrawal in writing or by a continuous data carrier within this period.
The product price is returned to the BUYER within fourteen days from the date the consumer's withdrawal notification reaches the SELLER in writing or by continuous data carrier.
We undertake that the consumer has the right to withdraw from the contract by refusing the goods or services within fourteen days from the date of receipt of the goods or signing of the contract without any legal and criminal liability and without any justification, and we undertake to take back the goods from the date of receipt of the withdrawal notification to the SELLER or provider.
In accordance with the General Communiqué No. 385 of the Tax Procedure Law No. 385, in order to make the return transactions in accordance with the General Communiqué of the Tax Procedure Law, the relevant sections of the invoice with the return section we have sent to you must be filled in completely and sent back to us with the product after signing. However, since our customers do not pay VAT in their orders in TRNC and international shipments, they are obliged to pay the taxes of the products received at customs. Customers do not have the right of withdrawal for products that are not received from customs in any way.
Unless otherwise agreed by the parties, the consumer cannot use the right of withdrawal in the following contracts.
a) Service contracts where the performance of the service is started with the consent of the consumer before the expiration of the right of withdrawal period,
b) Contracts for commodities whose prices are determined in stock exchanges or other organized markets,
c) Contracts for the delivery of goods which are prepared in accordance with the wishes of the consumer or explicitly in line with his/her personal needs, which are not suitable for return due to their nature and which are in danger of spoilage or whose expiration date is likely to expire,
ç) Contracts regarding audio or video recordings, software programs and computer consumables, provided that the packaging has been opened by the consumer,
d) Contracts for the delivery of periodicals such as newspapers and magazines,
e) Contracts for the performance of services related to betting and lotteries,
f) Contracts for services performed instantly in electronic media and contracts for intangible goods delivered instantly to the consumer.
In case of exercising the right of withdrawal, product and package control will be made by (COMPANY NAME). The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER. The BUYER may notify the SELLER of his requests and complaints in writing or by continuous data carrier (for detailed information, see the Distance Contracts Regulation).
ARTICLE 6. DEFAULT PROVISIONS
In the event that the parties do not fulfill their obligations arising from this agreement, the provisions of the Debtor's Default provisions in Articles 106-108 of the Code of Obligations shall apply. In cases of default, in the event that one party fails to fulfill its obligations without a justifiable reason within the due time, the other party shall give a period of seven days to the non-performing party to fulfill the performance in question. In the event that it is not fulfilled within this period, the party that does not fulfill its performance shall be deemed to be defaulted and the creditor shall have the right to demand the delivery of the goods and / or termination of the contract and the return of the price by demanding the performance of the performance.
If the SELLER cannot deliver the product subject to the contract within the period due to force majeure that may prevent the SELLER from fulfilling this obligation or extraordinary events such as weather conditions that prevent transportation, interruption of transportation, fire, earthquake, flood, in such cases, the BUYER may use one of the rights to cancel the order or postpone the delivery period until the preventive situation is eliminated, that the SELLER has no responsibility. If the BUYER cancels the order, the amount paid by the BUYER shall be paid to him within fourteen days (in installment purchases made by credit card, the above procedure for return to the credit card is accepted by the BUYER).
ARTICLE 7. AUTHORIZED COURT
In the implementation of this contract, Consumer Problems Arbitration Committees and Consumer Courts in the settlement of the BUYER or SELLER are authorized up to the value announced by the Ministry of Customs and Trade.
In case the order is realized, the BUYER is deemed to have accepted all the terms of this contract.