1. PARTIES
This Agreement has been signed between the parties below within the terms and conditions stated below.
- 'BUYER'; (hereinafter referred to as "BUYER" in the contract)
NAME SURNAME:
ADDRESS:
- 'SELLER'; (hereinafter referred to as "SELLER" in the contract)
RİCCO JEWELLERY
ADDRESS: GÜRPINAR MAHALLESİ 7027 SOKAK NO 38 DAİRE 2 PINARBAŞI BORNOVA İZMİR
TAX OFFICE: HASAN TAHSİN BORNOVA
TAX NO: 8510713330
By accepting this contract, the BUYER acknowledges in advance that if they approve the order subject to the contract, they will be obliged to pay the price of the order and any additional fees such as shipping costs, taxes, etc., and that they have been informed about this.
2. DEFINITIONS
In the application and interpretation of this contract, the terms written below shall express the written explanations opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: The Law on Consumer Protection numbered 6502,
REGULATION: The Distance Sales Contracts Regulation (OG: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the provision of goods, performed or promised to be performed 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 account of the one offering the 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,
ORDERER: The real or legal person who requests a good or service via the SELLER's website,
PARTIES: The SELLER and the BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Refers to movable goods subject to trade, and intangible goods such as software, audio, video, and similar items prepared for use in electronic environments.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection numbered 6502 and the Regulation on Distance Sales Contracts regarding the sale and delivery of the product, whose characteristics and sales price are specified below, and which the BUYER has ordered electronically via the SELLER's website.
The prices listed and announced on the site are sales prices. The announced prices and promises are valid until updated and changed. The SELLER reserves the right to change product prices. Prices announced for a limited time are valid until the end of the specified period.
- SELLER INFORMATION
RİCCO JEWELLERY
ADDRESS: GÜRPINAR MAHALLESİ 7027 SOKAK NO 38 DAİRE 2 PINARBAŞI BORNOVA İZMİR
TAX OFFICE: HASAN TAHSİN BORNOVA
TAX NO: 8510713330
Phone: 05070771165
Email: riccojewellery@gmail.com
- BUYER INFORMATION
Person to be delivered to
Delivery Address
Phone
Fax
Email/username
- ORDERER INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
- PRODUCT/PRODUCTS SUBJECT TO THE AGREEMENT INFORMATION
- The main features of the goods/products/services (type, quantity, brand/model, color, number) are published on the SELLER's website. If the SELLER has organized a campaign, you can examine the main features of the relevant product during the campaign period. It is valid until the campaign date.
7.2. The prices listed and announced on the site are sales prices. The announced prices and promises are valid until updated and changed. Prices announced for a limited time are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
|
Product Description |
Quantity |
Unit Price |
Subtotal |
|
|
|
|
|
|
Shipping Cost |
|
|
|
|
Total : |
|
||
Payment Method and Plan
Delivery Address
Person to be delivered to
Invoice Address
Order Date
Delivery Date
Delivery Type
7.4. The shipping cost, which is the product shipment expense, will be paid by the BUYER.
- INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice delivery: The invoice will be delivered to the invoice address along with the order during order delivery.
- GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that they have read and understood the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the contract on the SELLER's website, and that they have given the necessary confirmation electronically. The BUYER accepts, declares, and undertakes that by confirming the Preliminary Information electronically, they have obtained accurate and complete information about the address to be provided by the SELLER to the BUYER before the distance sales contract is concluded, the basic features of the ordered products, the prices of the products including taxes, and the payment and delivery information.
9.2. Each product subject to the contract shall be delivered to the BUYER or to the person and/or organization at the address indicated by the BUYER within the period specified in the preliminary information section of 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 the event that 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 Contract completely, in accordance with the specifications stated in the order and with warranty certificates, user manuals, and necessary information and documents if any, free from any defects, in a solid, standard-compliant manner in accordance with legal regulations, to perform the work with accuracy and honesty, to maintain and increase service quality, to show necessary care and diligence during the performance of the work, and to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit consent before the expiration of the performance obligation arising from the contract.
9.5. If the SELLER cannot fulfill its contractual obligations due to the impossibility of fulfilling the ordered product or service, it accepts, declares and undertakes to notify the consumer in writing within 3 days from the date of learning of this situation and to refund the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes to confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that if the price of the product subject to the Agreement is not paid and/or canceled in the bank records for any reason, the SELLER's obligation to deliver the product subject to the Agreement will cease.
9.7. The BUYER accepts, declares, and undertakes that if the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution due to the 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 indicated by the BUYER, the BUYER will return the product subject to the contract to the SELLER within 3 days, with the shipping costs belonging to the SELLER.
9.8. The SELLER accepts, declares and undertakes that if the product subject to the contract cannot be delivered within the period due to force majeure events such as the occurrence of unforeseen circumstances beyond the will of the parties, which prevent and/or delay the parties from fulfilling their obligations, it will notify the BUYER of the situation. The BUYER also has the right to request from the SELLER the cancellation of the order, the replacement of the product subject to the contract with an equivalent if available, and/or the postponement of the delivery period until the obstacle is removed. In the event that the order is canceled by the BUYER, for payments made in cash by the BUYER, the product amount is refunded to them in cash and in full within 14 days. For payments made by the BUYER with a credit card, the product amount is refunded to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares and undertakes that the average process for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and since the reflection of this amount to the BUYER's accounts after its refund to the bank is entirely related to the bank's transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to contact the BUYER for communication, marketing, notification, and other purposes via letter, e-mail, SMS, phone call, and other means through the address, e-mail address, fixed and mobile phone lines, and other contact information provided by the BUYER in the registration form on the site or updated by them later. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities directed at them.
9.10. The BUYER shall inspect the goods/services before receiving them; they shall not accept damaged or defective goods/services (e.g., dented, broken, torn packaging) from the shipping company. Goods/services received will be deemed undamaged and sound. After delivery, the responsibility for carefully protecting the goods/services belongs to the BUYER. If the right of withdrawal is exercised, the goods/services must not be used. The invoice must be returned.
9.11. If the credit card holder used during the order and the BUYER are not the same person, or if a security vulnerability related to the credit card used in the order is detected before the product is delivered to the BUYER, the SELLER may request the BUYER to provide identification and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the cardholder's bank confirming that the credit card belongs to them. The order will be suspended until the BUYER provides the requested information/documents, and if the aforementioned requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information they provided when becoming a member of the SELLER's website is accurate, and that they will immediately, in cash and in full, compensate the SELLER for all direct or indirect, negative or positive damages incurred by the SELLER due to the inaccuracy of this information, upon the SELLER's first notification.
9.13. The BUYER accepts and undertakes from the outset to comply with the provisions of legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise shall belong solely and exclusively to the BUYER.
9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, is contrary to general morality, disturbs and harasses others, for an unlawful purpose, or infringes upon the material and moral rights of others. In addition, the member may not engage in activities (spam, viruses, Trojan horses, etc.) that prevent or make it difficult for others to use the services.
9.15. The SELLER's website may provide links to other websites and/or other content that are not under the SELLER's control and/or are owned and/or operated by third parties. These links are provided for the convenience of the BUYER and do not imply endorsement of any website or the person operating it, nor do they constitute any guarantee for the information contained on the linked website.
9.16. Any member who violates one or more of the articles listed in this agreement shall be personally responsible legally and criminally for such violation, and shall hold the SELLER harmless from the legal and criminal consequences of these violations. Furthermore, in the event that the incident is brought to the legal sphere due to such violation, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.
- RIGHT OF WITHDRAWAL
10.1. If the distance contract relates to the sale of goods, the BUYER may exercise the right of withdrawal by rejecting the goods without assuming any legal or criminal liability and without stating any reason, provided that they notify the SELLER within 7 (seven) days from the date of delivery of the product to themselves or to the person/entity at the address indicated. For distance contracts regarding the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has begun with the consumer's consent before the withdrawal period expires. The expenses arising from the exercise of the right of withdrawal shall be borne by the SELLER. The BUYER, by accepting this contract, acknowledges in advance that they have been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, a written notification must be made to the SELLER via registered mail, fax, or email within the 7 (seven)-day period, and the product must not have been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Exercised" provisions regulated in this contract. If this right is exercised,
- a) the invoice for the product delivered to the person or the BUYER (If the invoice for the product to be returned is corporate, it must be sent together with the return invoice issued by the company. Return orders for invoices issued to companies cannot be completed without a RETURN INVOICE being issued.)
- b) Return form,
- c) The products to be returned must be delivered complete and undamaged, together with their box, packaging, and standard accessories if any.
- d) The SELLER is obliged to return the total amount and the documents that put the BUYER under debt to the BUYER within a maximum of 10 days from the date the withdrawal notification reaches them, and to take back the goods within 20 days.
- e) If there is a decrease in the value of the goods due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for damages in proportion to their fault. However, the BUYER is not responsible for changes and deterioration occurring due to the proper use of the goods or product within the withdrawal period.
- f) If the campaign limit amount set by the SELLER falls below the threshold due to the exercise of the right of withdrawal, the discount amount utilized within the scope of the campaign will be cancelled.
-
g) If the BUYER detects any defect, flaw, or manufacturing error on the product they received, they are obliged to notify the SELLER of this situation within a maximum of 3 (three) days from the date of delivery of the product to them.
Following notifications made within this period, if the SELLER determines that the product is indeed defective, the SELLER is obliged to replace the defective product free of charge.
If no defect notification is made within the specified period, the product is deemed to have been delivered undamaged and complete.
If there is a decrease in the value of the goods due to a fault of the BUYER or if the possibility of return is eliminated, the BUYER is obliged to compensate the SELLER for damages in proportion to their fault. However, the BUYER is not responsible for changes and deterioration occurring due to the proper use of the goods within the withdrawal period.
10. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The right of withdrawal cannot be exercised for products specially prepared, personalized, or modified at the request of the BUYER.
In this context;
- If a special color, coating, or production is requested other than the original design or color of the product,
- If names, letters, dates, symbols, inscriptions, or special embroidery are made on the product,
- If personalized changes are applied to the size, model, or design,
in these cases, the product is considered custom-made and is outside the scope of return/exchange.
Furthermore, the right of withdrawal cannot be exercised if the product delivered to the BUYER has been used, damaged, lost its suitability for resale, or if its original box/packaging is damaged.
Returns are not accepted for jewelry products showing signs of use due to hygiene and usage characteristics.
The SELLER reserves the right to examine the product and provide free exchange or repair only if there is a manufacturing defect or error.
- DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares, and undertakes that if they default on payment when making payments with a credit card, they will pay interest and be liable to the bank within the framework of the credit card agreement between them and the card-issuing bank. In this case, the relevant bank may resort to legal remedies; it may claim the resulting expenses and attorney's fees from the BUYER, and in any event, if the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes to pay all direct or indirect damages and losses incurred by the SELLER due to the delayed performance of the debt.
- AUTHORIZED COURT
Complaints and objections arising from this contract shall be made in accordance with Article 68 of the Law on Consumer Protection No. 6502. Pursuant to this article, "1) (Amended 20/12/2017) Without prejudice to the rights of the parties under the Enforcement and Bankruptcy Law; for disputes valued under four thousand Turkish Liras, applications to district consumer arbitration committees are mandatory, for disputes valued under six thousand Turkish Liras, applications to provincial consumer arbitration committees are mandatory, and in provinces with metropolitan status, applications to provincial consumer arbitration committees are mandatory for disputes between four thousand Turkish Liras and six thousand Turkish Liras. Applications cannot be made to consumer arbitration committees for disputes exceeding these values.
(2) Consumer arbitration committees are obliged to accept applications made to them for action.
(3) Applications can be made to the consumer arbitration committee at the consumer's place of residence or where the consumer transaction took place. In places where there is no consumer arbitration committee, where applications will be made and which consumer arbitration committee will decide on these applications will be determined by regulation.
(4) The monetary limits specified in this article, effective from the beginning of each calendar year, shall be increased at the revaluation rate determined and announced for that year in accordance with the provisions of Article 298 repeated of the Tax Procedure Law No. 213 dated 4/1/1961. Fractions of ten Turkish Liras are not taken into account in the calculation of these increases.
(5) This article does not prevent consumers from applying to alternative dispute resolution bodies in accordance with their relevant legislation."
- EFFECTIVE DATE
The BUYER is deemed to have accepted all terms of this contract when they complete the payment for their order placed through the Site. The SELLER is obliged to make the necessary software arrangements to ensure that the BUYER reads and accepts this contract on the site before the order is placed.
SELLER: ERYIL TOPAÇ RİCCO JEWELLERY SOLE PROPRIETORSHIP
BUYER:
DATE:
