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Distance Selling Agreement
DISTANCE SELLING AGREEMENT AND PRE-INFORMATION FORM
ARTICLE 1: PARTIES
SELLER:
TITLE: BIANCO
ADDRESS: Cami Mah. Balıkcılar Sok. G Blok No: 20/36A Viaport Marina Tuzla / Istanbul
PHONE: 90 551 654 8515
EMAIL: info@biancowatch.com
BUYER: The customer who is registered in the database with contact information and who places the order will be deemed as the BUYER.
ARTICLE 2: SCOPE OF THE AGREEMENT
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. 4077 on the Protection of Consumers and the Regulation on Distance Contracts and Procedures, regarding the sale and delivery of the products specified in the contract, which the BUYER has ordered electronically from the website www.atolye4d.com owned by the SELLER, with the mentioned characteristics and price. The BUYER acknowledges that he/she is informed about all the preliminary information regarding the product, such as the basic characteristics of the products subject to sale, sales price, payment method, delivery conditions, etc., and confirms that he/she has confirmed this preliminary information electronically and then placed the order, and accepts and declares according to the provisions of this agreement. The pre-information and invoice on the website are integral parts of this agreement. At the moment the order is placed, the BUYER is considered to have accepted all the terms of this agreement.
ARTICLE 3: PRODUCT INFORMATION
The SELLER produces handmade delicate jewelry and accessories. The specifications, materials, color, sales price, delivery conditions of the contract products are as stated on the website product features section.
ARTICLE 4: GENERAL PROVISIONS
4.1. This agreement is between the BUYER and the SELLER, and all obligations and responsibilities regarding the fulfillment of this agreement belong to the parties. This agreement enters into force on the date it is electronically approved by the BUYER.
4.2. The BUYER acknowledges, declares, and undertakes that he/she has read and understood all the information regarding the specifications of the product subject to the contract and the conditions of sale specified in Article 3, and has given the necessary approval for the purchase of this product.
4.3. The SELLER is responsible for delivering the contract product in sound, complete, complying with the specified qualifications in the order, along with warranty documents and user manuals if any.
4.4. The contract product or products are delivered to the BUYER or the person/institution at the address indicated within the legal 30-day period, provided that it does not exceed the condition. This period can be extended by a maximum of 10 days, provided that it is notified to the BUYER in advance.
4.5. If the contract product is to be delivered to another person/institution other than the BUYER, the SELLER cannot be held responsible for the refusal of delivery by the recipient.
4.6. Delivery will be made to the address specified by the BUYER in the form filled out by the BUYER during the purchase, by cargo company. Even if the buyer is not present at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation in full and properly.
4.7. If the product price is not paid for any reason or cancelled in the bank records, the SELLER will be considered relieved of the obligation to deliver the product.
4.8. Any expenses and other damages arising from the delay in the BUYER's receipt of the product as stated in 4.6 or the return of the product to the SELLER by the cargo company are borne by the BUYER.
4.9. The BUYER is obliged to open and check the packages in front of the company representative upon delivery, and if there is any defect in the product, not to accept the product by drawing up a report to the cargo company. If the package is not accepted and a report is drawn up, the situation must be reported to the SELLER with a copy of the report remaining with the BUYER within 3 days. The SELLER will ensure a new and healthy delivery as soon as possible.
4.10. Unless otherwise stated on the product page, the shipping fee is included in the product price for domestic shipments. For international shipments, no shipping fee is charged for orders of 250 Euro and above. The shipping fee is borne by the BUYER for orders below 250 Euros. Customs, insurance, and other possible expenses for international shipments are borne by the BUYER.
4.11. If the credit card belonging to the BUYER is used by unauthorized persons in a way that is not the fault of the BUYER, as long as the product is delivered to the BUYER, the BUYER is obliged to return the product to the SELLER within 3 (three) days. In this case, the transportation expenses belong to the BUYER.
4.12. The SELLER provides information about the maintenance and use of the product at www.atolye4d.com. Products are guaranteed for 1 month from the date of delivery, except for errors arising from use, failure to comply with the maintenance rules of the product, and misuse. Shipping costs for products sent to the SELLER for necessary repairs within the warranty conditions will be covered by the SELLER.
4.13. The BUYER acknowledges that, due to the fact that only bank credit cards are accepted for installment sales, he/she must separately confirm the relevant interest rates and default interest rates with his/her bank.
4.14. The BUYER accepts, declares, and undertakes that the provisions regarding interest and default interest will be applied between the bank and the BUYER within the scope of the credit card agreement between them, in accordance with the current legislation.
4.15. In cases where the BUYER exercises the right of withdrawal or if the product ordered cannot be supplied for various reasons; the amount paid by the BUYER cannot be refunded in cash. After the SELLER makes a single payment to the bank, the refund will be made to the card by the bank.
4.16. In accordance with the general communiqué of the tax procedural law numbered 385, in order for return transactions to be carried out, the relevant return sections on the invoice must be filled in completely and signed, and then the product must be returned to the SELLER. The BUYER declares, accepts, and undertakes all these procedures.
ARTICLE 5: RIGHT OF WITHDRAWAL
5.1. The BUYER has the right to withdraw from the contract by rejecting the product within seven days from the date of receipt of the product, without assuming any legal or criminal liability and without giving any reason. In order to exercise the right of withdrawal, it is necessary to notify the SELLER by fax, e-mail, or telephone within the same period and the product must be unused. In case of exercise of the right of withdrawal, the product price will be refunded to the BUYER within 10 days. The expenses arising from the exercise of the right of withdrawal are borne by the SELLER.
5.2. In accordance with the Regulation on Distance Contracts, when it comes to products that are customized according to the special requests and demands of the BUYER or made personalized by making changes or additions, and when it comes to products whose price is determined in stock exchange or other organized markets, the right of withdrawal cannot be exercised.
5.3. In shipments to the TRNC and other countries outside Turkey, the BUYER is responsible for paying the taxes of the products received from the customs because the BUYER did not pay VAT on the orders. The BUYER does not have the right of withdrawal for products that are not received from the customs in any way.
ARTICLE 6: DEFAULT PROVISIONS
6.1. In case the parties fail to fulfill their obligations arising from this agreement, the provisions regarding the Debtor's Default in Articles 106-108 of the Turkish Civil Code will be applied. In case of default, if one party fails to fulfill its obligations without a justifiable reason within the specified period, the other party will give a 7-day period to the non-performing party for the fulfillment of the obligation. If the obligation is still not fulfilled within this period, the other party will have the right to demand the performance of the obligation by requesting the delivery of the goods and/or the termination of the contract and the refund of the price.
6.2. If the SELLER is unable to deliver the product within the specified period due to force majeure events or extraordinary events such as adverse weather conditions preventing transportation, interruption of transportation, fire, earthquake, flood, etc., the BUYER may exercise one of his/her rights to cancel the order or postpone the delivery period until the obstructive situation is resolved, stating that the SELLER has no responsibility. In case the BUYER cancels the order, the amount paid will be refunded to him/her within 10 (ten) days.
ARTICLE 7: AUTHORIZED COURT
In case of disputes arising from this agreement, Consumer Problems Arbitration Committees located at the place of residence of the BUYER or the SELLER, up to the value announced annually by the Ministry of Customs and Trade, are authorized if the disputes are up to that value, and Consumer Courts are authorized for disputes above that value. This agreement enters into force on the date it is electronically approved.
The English version of the contract is provided for informational purposes only. In case of any dispute, the Turkish version of the contract shall prevail.
SELLER: BIANCO
BUYER: