Distance Sales Agreement
DISTANCE SALES AGREEMENT (……………………….) 1. PARTIES This Distance Sales Agreement ("Agreement"); The address specified in Article 7 ("BUYER") and the address specified in Article 6 ("SELLER") must be specified in the list. 2. DEFINITIONS What is written in the completion and interpretation of this contract will express the explanations in the tables. 1. INFORMATION ABOUT THE SELLER Commercial Name: Solhan Jewelry Industry and Trade Ltd. Sti. (hereinafter referred to as "SELLER") Address : Yeni Mah. Erbakan Cad No:16 Solhan/Bingol Phone : +90 501 296 49 06 E-Mail : info@solhankuyumculuk.com 2. INFORMATION ABOUT THE BUYER Title / Name Surname ............................. Product Delivery Address ............................. Invoice Delivery Address ............................. telephone ............................. email .............................
3. SUBJECT This subject is 6502 regarding the sale and delivery of the product or products, the quality and sale prices of which are specified below, which the BUYER has ordered electronically via the line numbered +90 501 296 49 06 belonging to the SELLER or from the website www.solhankuyumculuk.com. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Law on the Protection of Consumers No. 4. CONTRACTING PRODUCT In this section, information such as the type, quantity, size, basic features, unit price, sales price and shipping fee of the product or products subject to the contract are explained.
5. PAYMENT METHOD By organizing campaigns, your bank may apply a higher number of installments than the number of installments you have chosen, and offer services such as installment postponement. Such campaigns are at the discretion of your bank and, if our company is aware of it, information about the campaigns is provided on our pages. For orders that you will pay by wire transfer, your order that you do not pay within 3 working days will be canceled by the system. In this case, the responsibilities that will arise belong to the customer. After performing the transfer transaction, send the receipt sample of the transaction to info@solhankuyumculuk.com e-mail address or report it from the "Remittance Notification" section of the member section. Since the forward sales are made only with credit cards belonging to banks, the BUYER accepts that he will confirm the relevant interest rates and default interest information from his bank separately, and that the obligations related to interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER, in accordance with the provisions of the current legislation, declares and undertakes.
6. SHIPMENT Shipping and delivery costs belong to the BUYER. It is not included in the product price. If the SELLER has declared on the website that the delivery fee will be covered by those who shop above the amount declared on the website, the delivery cost belongs to the SELLER. Depending on the weight, quantity and dimensions of the product, the delivery will be delivered to the BUYER's 'Product Delivery Address' stated above, with contracted cargo companies or shipping companies. The delivery of the goods / services is made to the address requested by the BUYER. 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 if the person/organization to be delivered does not accept the delivery. Even if the BUYER is not present at the time of delivery, our company will be deemed to have fulfilled its obligation fully and completely. For this reason, all kinds of damages arising from the late delivery of the product by the BUYER and the expenses incurred due to the product waiting in the cargo company and/or the return of the cargo to our Company belong to the BUYER. For the delivery of the goods/services subject to the order, a signed copy of the distance sales contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, for any reason, the cost of goods/services is not paid or canceled in the bank records, the SELLER shall be deemed to be relieved of its obligation to deliver the goods/services.
In cases where there is more than one product in the BUYER's order, shipments can be made in parts by the SELLER. During the delivery of the Product by the cargo officer, the BUYER is obliged to check that the number of Products and the number of products specified in the invoice issued by the SELLER are the same. A separate invoice is issued by the SELLER for each partial shipment. If the number and amount of products specified in the invoice are not in the package or are missing, the BUYER is obliged to request a report from the cargo officer. Otherwise, it will be accepted that the number of Products in the invoice is fully and completely delivered to the BUYER by the SELLER and the BUYER has received the Products completely and completely.
The consumer should inspect the products before receiving them, and should not receive the defective and damaged goods from the cargo company official. The BUYER accepts that the product received from the cargo is intact and undamaged.
7.GENERAL PROVISIONS 7.1. The BUYER, by calling +90 501 296 49 06 (the call is charged at the normal tariff) or on the website www.solhankuyumculuk.com, states that the basic characteristics of the product subject to the contract, the sales price including all taxes and the payment method and the delivery and its costs will be borne by the BUYER. declares that he has read the preliminary information regarding the time it will be carried out and the full commercial title, full address and contact information of the SELLER, and that he has the correct and complete information and gives the necessary confirmation in the telephone / internet environment. The preliminary information form on the www.solhankuyumculuk.com website and the invoice for the sale are integral parts of this Agreement. 7.2. These two copies of the contract, which were previously signed by the SELLER, have been signed and accepted by the BUYER on ............ and one copy will be sent to the e-mail address of the buyer.
7.3. All information and promises presented to the BUYER regarding the product or service in this form are valid until the changes and publication of the product information, and after this day, the SELLER is warned that the information and promises given in this form are not adhered to. Hereby, the validity period of the price commitments regarding the goods and services subject to the preliminary information or sales contract is limited to 30 minutes from the moment the order is placed. 7.4. The SELLER is responsible for the delivery of the contracted product in a sound, complete and in accordance with the qualifications specified in the order.
7.5. If it is understood that the goods or services subject to the contract cannot be supplied for a justifiable reason, the SELLER may supply the BUYER with a different product of equal quality and price, before the contractual performance obligation expires, by informing the BUYER and obtaining approval. 7.6. In the event that the product or service subject to the order becomes impossible to fulfill (not in stock, the product cannot be supplied from the supplier company in any way), the SELLER may cancel the order by informing the consumer of this situation before the contractual performance obligation expires.
7.7. If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, the SELLER is obliged to inform the BUYER. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. If the BUYER cancels the order, the amount paid will be paid to him in cash and in full within 10 days. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 10 days after the order is canceled by the BUYER. Since the reflection of this amount on the BUYER's accounts after the return to the bank is entirely related to the bank transaction process, the BUYER may not be able to intervene in any way for the SELLER for possible delays and it may take an average of 2 to 3 weeks for the amount returned to the credit card by the SELLER to be reflected by the bank to the BUYER's account. already accepting.
7.8. If the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card after the delivery of the product by unauthorized persons, which is not due to the BUYER's fault, the BUYER himself or the institutions or persons that he wishes to be delivered. It is obligatory to send the product to the SELLER within 3 days, provided that it has been delivered. In this case, the shipping costs belong to the BUYER. 7.9. If it is determined that the documents and information given regarding the order are incomplete, fake and / or incorrect, or if there is a suspicion that the order has been made in bad faith or for the purpose of gaining unfair advantage, at any time, on condition that the BUYER informs the order application, the necessary examinations are made. reserves the right to suspend and/or cancel In case of cancellation, the refund process for the payment can be made, provided that the BUYER is notified.
8. DELIVERY TIME OF GOODS/SERVICES Delivery is made as soon as possible after the stock is available and the cost of the goods is transferred to the SELLER's account. The SELLER delivers the goods/services within 30 (thirty) days from the order and reserves the right to extend an additional 10 (ten) days with written notification within this period. Natural disasters, weather conditions etc. There may be delays due to force majeure. 9. VALIDITY PERIOD The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time remain valid until the end of the specified period. However, in case of price differences that are incorrectly written and not updated due to late notification of the supplier, the current price to be notified by the SELLER to the customer will be considered valid. In case of error, if more than the cost of goods/services has been withdrawn, the difference will be refunded. If the actual price of the goods/service is different from the advertised price, the BUYER is notified of the actual price. In line with the customer's request, the sale is made at the actual price or the sale is cancelled. Orders entered with incorrect prices due to human / technical errors will be canceled after the notification.
10. RIGHT OF WITHDRAWAL The BUYER has the right to withdraw by rejecting the goods within 14 days from the delivery of the product subject to the contract to himself or the person/organization at the address indicated. Within 20 days from the date on which the consumer's notification of withdrawal reaches the SELLER, the SELLER is obliged to take the goods back without any expense to the consumer (see Regulation on Distance Contracts, article 9/2). The shipping cost of the product returned due to the right of withdrawal is borne by the SELLER. According to the law on consumer protection, “Consumer: means a natural or legal person acting for non-commercial or non-professional purposes”. The right of withdrawal by law is a right granted to the consumer, and individual and corporate companies and legal entities established for commercial or professional purposes will not be able to benefit from this right as they will not be considered as consumers according to the Law on the Protection of the Consumer. In these companies, the return of the products is possible only after the SELLER GIVES RETURN APPROVAL, by issuing the return invoice and delivering it.
In cases where the SELLER approves the return, the shipping cost belongs to the BUYER who will make the return. In order to exercise the right of withdrawal, the SELLER must be notified by fax or e-mail within 7 days and the product must be unused, undamaged and suitable for sale. It is not possible to make a withdrawal notification by phone. If this right is exercised;
a) The invoice of the product delivered to the 3rd person or the BUYER (if the invoice of the product to be returned is corporate) must be sent with the return invoice issued by the institution when returning it. Order returns, invoices of which are issued on behalf of institutions, will not be returned unless a RETURN INVOICE is issued.
b) The products to be returned within 7 days must be delivered complete and undamaged, with the box, packaging, if any, standard accessories. The product price is returned to the BUYER within 10 days following the receipt of the products to be returned to the SELLER. When returning the product to the SELLER, the original invoice submitted to the BUYER during the delivery of the product must also be returned (in order to ensure consistency in our accounting records). will not be carried out, the product will be sent back to the BUYER in the same way against payment. For notifications to be made within the framework of the use of the right of withdrawal, an e-mail should be sent to info@solhankuyumculuk.com. You must write your order number in the notification e-mail you have written. Notifications that you do not specify/write the order number will be deemed invalid. 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 loss at the rate of the defect. Payments can be made using one of the credit card, EFT or wire transfer methods. The SELLER undertakes to take the necessary actions for the use of the right of withdrawal, in case the withdrawal notification is made with the methods determined in this text, which is in the form of preliminary information and contract.
11. GOODS/SERVICES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED Contracts for the delivery of goods prepared in accordance with the wishes of the consumer or expressly his personal needs. Contracts for goods whose prices are determined on the stock exchange or other organized markets. On the www.solhankuyumculuk.com website, the products you choose such as 'Choose the Length', 'L1 special design', 'Choose the L2 Size' and 'Choose the L3 Length' are the products prepared in line with the BUYER's special request and his personal needs, apart from the standard sizes. It is not possible to use the right of withdrawal and return the product for these products.
12. OBJECTION AND JURISDICTION Consumer; complaints and objections, the BUYER can make all kinds of requests and complaints to the contact addresses of the SELLER specified in the 1st article. It is obligatory to apply to district consumer arbitration committees in disputes whose value is less than two thousand Turkish Liras, to provincial consumer arbitration committees in disputes below three thousand Turkish liras, and to provincial consumer arbitration committees in disputes between two thousand Turkish liras and three thousand Turkish liras in metropolitan provinces. For disputes above these values, applications are made to consumer courts, not to consumer arbitration committees. BUYER; 4822 S. K. and 4077 S.K. as amended M. 9/A, f.2 and Mes. Promise. Direction. In accordance with Articles 5 and 6, it accepts, undertakes and declares that it has read the Preliminary Information and has given the necessary confirmation in electronic environment.
13. BUYER'S Default In case the BUYER is in default, the BUYER agrees to pay the SELLER's loss and damage due to the delayed performance of the debt. In cases where the BUYER's default is caused by the SELLER's fault, the BUYER shall not be obliged to meet any claim for loss or damage. In the event that the order is realized, the BUYER shall be deemed to have accepted all the terms of the text of this contract. IMPORTANT NOTE Before signing the cargo report, open the box of your product with the cargo officer and check the correctness of the type, quantity and quantity of the product/products in the invoice, and whether there is any damage or problem in the products. If there is any damage or deficiency for any reason, please return your box to the cargo officer for a record without signing any documents related to the delivery. In case of receipt of products with damaged boxes or missing contents, all responsibility belongs to our customer and Solhan Kuyumculuk Sanayi ve Ticaret Ltd. Sti. is not responsible. Please report this situation as soon as possible in writing to info@solhankuyumculuk.com e-mail address or our phone number +90 501 296 49 06.