Distance Sales Agreement
1. PARTIES
This Distance Sales Contract ("Contract") has been concluded electronically between the Seller, whose details are provided below, and the Buyer, who purchases products/services via the website with the domain name zeytajewellery.com.
The Parties acknowledge, declare, and undertake that they have read the entirety of this Contract, fully understood its content, and approve all its provisions.
SELLER
| Title | Erkan Yaman - Zeyta Jewellery |
| Address | TATLIKUYU MAH. TATLIKUYU CAD. NO: 17 B GEBZE/ KOCAELI |
| Phone | +90 533 273 28 42 |
| info@zeytajewellery.com | |
| MERSIS No | — |
| Tax Office / No | ULUÇINAR / 9340143476 |
BUYER
| Full Name | — |
| Address | — |
| Phone | — |
| — |
The Seller and the Buyer shall be referred to individually as "Party" and collectively as "Parties". By purchasing products and services from the Seller, the Buyer acknowledges, declares, and undertakes that they have read the entirety of this Contract, fully understood its content, and approve all its provisions. The accuracy of the information provided by the Buyer during the service purchase is guaranteed by the Buyer.
2. FORMATION OF THE CONTRACT
THE BUYER ACKNOWLEDGES THAT THEY HAVE READ, UNDERSTOOD, AND ARE AWARE OF THEIR RIGHTS AND OBLIGATIONS UNDER THE CONTRACT.
THE PARTIES ACKNOWLEDGE THAT THERE IS NO DISPROPORTIONALITY BETWEEN THE PERFORMANCES AGREED UPON IN THE CONTRACT, THAT THE MUTUAL PERFORMANCES ARE SUITABLE FOR THE NATURE OF THE BUSINESS, AND THAT THEY HAVE NO INEXPERIENCE REGARDING THE TRANSACTIONS SUBJECT TO THE CONTRACT.
THE BUYER ACKNOWLEDGES THAT THEY HAVE REACHED A FULL CONVICTION THAT THE TRANSACTIONS UNDER THE CONTRACT ARE IN THEIR BEST INTEREST AND THAT THEY WILL COMPLY WITH ALL TERMS OF THEIR OWN FREE WILL.
THE PARTIES ACKNOWLEDGE THAT THE CONTRACT PROVISIONS DO NOT BEAR ANY CHARACTERISTICS THAT COULD BE CONSIDERED UNFAIR TERMS AND THAT THERE IS NO UNFAIRNESS REGARDING THE BALANCE OF INTERESTS. THE PROVISIONS OF THIS CONTRACT HAVE BEEN PREPARED IN ACCORDANCE WITH THE REGULATION ON UNFAIR TERMS IN CONSUMER CONTRACTS AND THE LEGISLATION ON THE PROTECTION OF CONSUMERS.
3. SUBJECT AND SCOPE OF THE CONTRACT
The subject of this Contract is the determination of the rights and obligations of the Parties in accordance with the Law No. 6502 on the Protection of Consumers 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 has ordered electronically via the website domain zeytajewellery.com ("Site") owned by the Seller.
4. BASIC QUALIFICATIONS OF THE PRODUCT OR SERVICE SUBJECT TO THE CONTRACT
Order No: — · Order Date: —
The list of products purchased when an order is placed is located here.
5. PAYMENT AND DELIVERY TERMS
| Total product price excluding shipping | — |
| Shipping fee | — |
| Total price including taxes and shipping | — |
| Payment method | — |
| Delivery address | — |
| Person to be delivered to | — |
The total product price is collected from the Buyer by the Seller. The order is sent via the courier company contracted by the Seller; shipping tracking information is provided to the Buyer separately.
6. DELIVERY
Unless the product subject to the Contract is a product prepared in line with the Buyer's requests or personal needs, it shall be delivered to the Buyer or the person/organization at the address indicated by the Buyer within the period specified in the preliminary information form, depending on the distance of the Buyer's delivery address, provided that it does not exceed the legal 30 (thirty) day period.
For the delivery of the product, this Contract and the Preliminary Information Form must be confirmed by the Buyer electronically, and the product price must be paid in full and completely via the payment method preferred by the Buyer. If for any reason the product price is not paid, partially paid, or the payment is canceled in bank records, the Seller shall be deemed to be released from the obligation to deliver the product.
In cases where it becomes impossible to fulfill the performance of the goods or services subject to the order, the Seller shall notify the Buyer in writing or via a permanent data storage device within 3 (three) days from the date they learn of this situation and shall refund all payments collected, including delivery costs if any, to the Buyer within 14 (fourteen) days at the latest from the date of notification.
7. BUYER'S DECLARATIONS AND UNDERTAKINGS
The Buyer acknowledges, declares, and undertakes that they have read and have knowledge of the preliminary information regarding the basic qualifications, sales price, payment method, delivery, and shipping costs of the goods or services subject to the Contract on the Site, that they have provided the necessary confirmation electronically, and that they are aware they are under a PAYMENT OBLIGATION upon confirming the order.
By confirming this Contract and the Preliminary Information Form electronically, the Buyer confirms that they have accurately and completely obtained the address, basic features of the goods or services ordered, price including taxes, and payment and delivery information that the Seller must provide to the Buyer before the conclusion of distance contracts.
If the Buyer's credit card is used unfairly or unlawfully by unauthorized persons after the delivery of the goods or services, for reasons not originating from the Buyer's fault, and the relevant bank or financial institution does not pay the price to the Seller, the Buyer is obliged to return the goods or services to the Seller within 3 (three) days, provided that it has been delivered to them. In this case, delivery costs belong to the Buyer.
If the goods or services subject to the Contract are to be delivered to someone other than the Buyer, the Seller cannot be held responsible for the refusal of delivery by the person to be delivered to. If the Buyer is not present at the address where they requested the delivery of the order, the order will not be left at another address.
The Buyer must inspect the product before receiving it; they should not accept defective or damaged products that can be identified by ordinary inspection from the Seller's representative or the courier company. If the Buyer neglects to examine the goods and accepts them, the product shall be deemed to be intact and undamaged.
8. SELLER'S DECLARATIONS AND UNDERTAKINGS
The Seller is responsible for the delivery of the goods or services subject to the Contract to the Buyer in a sound, complete, and compliant manner with the specifications stated in the order, and with warranty documents and user manuals, if any, in accordance with consumer legislation.
Provided that there is a justified reason, the Seller may supply a different product of equal quality and price to the Buyer before the expiration of the performance obligation arising from the Contract, on the condition that the Buyer is informed and their explicit consent is obtained.
The Seller is responsible for loss and damage until the delivery of the goods to the Buyer or a third party determined by the Buyer other than the carrier. If the Buyer requests shipment with a carrier other than the one determined by the Seller, the Seller is not responsible for any loss or damage that may occur from the moment the goods are delivered to the relevant carrier.
9. BUYER'S RIGHT OF WITHDRAWAL
The terms and conditions under this article apply only if the Buyer has the status of a consumer within the scope of the relevant legislation.
The Buyer has the right to withdraw from the contract within 14 (fourteen) days without showing any justification and without paying any penalty, starting from the day the contract is established for contracts regarding service performance, and from the date of receiving the goods for distance contracts regarding the sale of goods. It is sufficient that the notification that the right of withdrawal has been exercised is directed to the Seller in writing or via a permanent data storage device within this period. The withdrawal notification can be sent to Serdivan, 153, 54050 Sakarya, or to the e-mail address info@zeytajewellery.com.
In case the Buyer exercises their right of withdrawal before the delivery of the product, the Seller shall refund all payments collected, including delivery costs if any, within 14 (fourteen) days from the date the withdrawal notification reaches them, in a single payment, in accordance with the payment instrument used by the Buyer during the purchase, and without imposing any costs or obligations on the Buyer.
In case the Buyer exercises their right of withdrawal after the delivery of the product, the Seller shall refund all collected payments within 14 (fourteen) days from the date the Buyer delivers the product to the courier company specified by the Seller. In case the Buyer returns the goods via a carrier other than the one stipulated for the return, the said period starts from the date the goods reach the Seller, and the Seller is not responsible for return shipping costs and damage that may occur during the shipping process.
The Buyer must send the goods back to the Seller within 14 (fourteen) days from the date they directed the withdrawal notification. Along with the goods subject to return, the invoice, box, packaging, standard accessories if any, and other products gifted due to the purchase of the said goods must also be returned in full and undamaged. The Buyer must use the goods in accordance with their operation, technical specifications, and instructions for use during the withdrawal period; otherwise, they are responsible for any changes or deterioration that occur in the goods.
Pursuant to Article 15 of the Regulation on Distance Contracts, the right of withdrawal does not apply to: goods or services whose price changes depending on fluctuations in financial markets; goods prepared in line with the consumer's requests or personal needs (jewelry jar); goods that are unsuitable for return in terms of health and hygiene once the protective elements such as packaging, tape, seal, or package are opened after delivery (earrings, earcuffs, piercings); goods that mix with other products after delivery and cannot be separated by their nature; books, digital content, and computer consumables presented in material media whose protective elements have been opened; periodicals; contracts regarding accommodation, transport, car rental, food and beverage supply, and leisure time evaluation that must be performed on a specific date or period; services performed instantly in an electronic environment and intangible goods delivered to the consumer instantly; services that have been started to be performed with the consumer's approval before the expiration of the right of withdrawal; and contracts concluded through auctions in the form of live auctions.
10. RESOLUTION METHOD FOR COMPLAINTS
The Buyer may submit their complaints regarding the purchased goods and/or services directly to the Seller (using the contact information specified above). In the event that a complaint is submitted, the Seller will provide all possible support to resolve the issue.
11. DEFAULT AND LEGAL CONSEQUENCES
In case the Buyer defaults on transactions made with a credit card, the Buyer shall be liable to the bank within the framework of the credit card contract made with the card-holding bank. In this case, the relevant bank may resort to legal remedies and demand the resulting costs and attorney fees from the Buyer. Under all circumstances, in the event of the Buyer's default, the Buyer shall be liable for any damage and loss suffered by the Seller.
12. INTELLECTUAL PROPERTY
Regarding any information and content on the Site, as well as their arrangement, revision, and partial/full use; all intellectual and industrial property rights belong to the Seller, except for those belonging to third parties according to the Seller's agreement. No information, software, or service obtained from the products purchased by the Buyer, in whole or in part, can be modified, copied, distributed, reproduced, published, used as subject matter for derivative works, transferred, or sold.
13. RESOLUTION OF DISPUTES
Any complaints and objections arising from this Contract may be made to the Consumer Arbitration Committee at the location of the Buyer's residence or where the consumer transaction is performed, according to the monetary limits determined annually by the Ministry of Trade in December, or to the Consumer Court, provided that an application is made to a mediator in accordance with Article 73/A of Law No. 6502 before filing a lawsuit.
14. OTHER PROVISIONS
The Seller may transfer their rights and obligations arising from this Contract to third parties without obtaining the Buyer's approval. The Buyer cannot transfer their rights and obligations arising from this Contract to third parties without obtaining the Seller's approval.
The Buyer acknowledges that electronic records, system records, commercial, and ledger records kept by the Seller in their own database or servers will constitute valid, binding, final, and exclusive evidence in disputes that may arise under this Contract, and that this article is in the nature of an evidence contract within the meaning of Article 193 of the Code of Civil Procedure.
Circumstances that occur outside the control of the Parties and prevent and/or delay the fulfillment of their obligations under this Contract without any fault or negligence of the relevant Party shall be considered force majeure (strikes, lockouts, war, terrorist acts, earthquakes, fire, floods, and similar natural disasters, actions of official authorities, technical failures caused by infrastructure and internet). The Parties shall not be held responsible for the failure to fulfill their obligations fully or on time in such cases.
15. EFFECTIVENESS
This Contract was concluded and entered into force on the date it was approved by the Buyer electronically. The contract text is sent to the e-mail address provided by the Buyer after approval and is stored by the Seller for a period of 3 (three) years. The Buyer may request access to a copy of the Contract with a request sent to info@zeytajewellery.com.
SELLER: Zeyta Jewellery
BUYER: —