Distance Sales Contract
Sales Contract
ARTICLE 1. PARTIES
1.1 SELLER
Trade Name: Mtoy Jewels (VN:xxxxxxxxxx)
Cevizlik District, Hat Boyu Street, Square Business Center 4/19, Bakirkoy/Istanbul
Phone: +90 532 253 14 28
Email Address: info@mtoyjewels.com
MERSIS No: xxxxxxxxxxxx
1.2 BUYER
Name Surname:
Address:
Telephone:
Email address:
Hereinafter referred to as "BUYER".
ARTICLE 2. SUBJECT
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the SELLER's website www.mtoyjewels.com ("Website").
ARTICLE 3 – CONTRACT
INFORMATION ON THE BASIC FEATURES, SALES PRICE AND DELIVERY OF THE SUBJECT PRODUCT
Name of the Products, Quantity, Sales Price Including VAT and Delivery Information are as follows.
ARTICLE 4 – GENERAL PROVISIONS
4.1 BUYER, Internet
The basic characteristics of the contracted product on the Site, including all taxes on sale
He/she declares that he/she has read and is informed about the preliminary information regarding the price, payment method and delivery and that the costs thereof will be covered by the BUYER unless otherwise stated, the delivery period and the full commercial title, full address and contact information of the SELLER, that he/she has been informed accurately and completely about the conditions for exercising the right of withdrawal and has given the necessary confirmation electronically.
BUYER may submit his/her requests and complaints using the communication channels specified above. Complaints and requests will be responded to by SELLER customer services as soon as possible.
By confirming this contract electronically, the BUYER confirms that he/she has received accurate and complete information about the title, address, contact information, MERSIS number, basic features of the ordered products, sales price of the products including all taxes, payment and delivery information, right of withdrawal and the procedure and conditions for using the right of withdrawal, which should be given to the BUYER by the SELLER before the conclusion of distance contracts.
4.2 The product subject to the contract 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 on the Website, depending on the distance of the BUYER's place of residence, provided that it does not exceed 30 (thirty) days from the date of order. The delivery period may exceed 30 days for products prepared in accordance with the BUYER's request or personal needs. The BUYER accepts, declares and undertakes that he/she cannot terminate the contract due to the failure to deliver within 30 days when he/she purchases a product prepared in accordance with his/her personal needs and requests.
4.3 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 whom the product is to be delivered does not accept the delivery.
4.4 The SELLER cannot be held responsible for any problems that the cargo company may encounter during the delivery of the product to the BUYER and the failure to deliver the ordered product to the BUYER.
4.5 The SELLER is responsible for the delivery of the contractual product in a sound, complete manner and in accordance with the specifications specified in the order.
4.6 If there are any errors in the product price, product description, product quality, etc. due to technical or material errors during the sale of the product on the Website, the SELLER has the right to cancel the order and return the collected amounts to the BUYER in accordance with the relevant legislation.
has.
4.7 Due to the fact that the products offered on the www.mtoyjewels.com Website are handmade and the ordered ring sizes are different, there may be differences of up to ± 10% in weight, length, width etc. after production.
4.8 If the SELLER cannot fulfill its contractual obligations due to the impossibility of fulfilling the ordered product or service, it shall notify the BUYER in writing or via permanent data storage within three days from the date of learning about this situation and shall refund all payments collected, including delivery costs, if any, within fourteen days from the date of notification.
4.9 If it becomes impossible to fulfill the order and/or service at the end of the campaign period, the SELLER reserves the right to supply a different product of equal quality and price with the approval of the BUYER in order to fulfill its performance obligations arising from the contract.
4.10 If the relevant bank or financial institution does not pay the product price to the SELLER due to the unfair or illegal use of the BUYER's credit card, bank card and/or other payment systems offered on the Website by unauthorized persons for reasons not caused by the BUYER's fault after the delivery of the product, the BUYER is required to return the relevant product to the SELLER within 3 (three) days, provided that it has been delivered to the BUYER. In this case, the shipping costs are the responsibility of the BUYER.
4.11 If the SELLER cannot deliver the product subject to the contract within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation, the SELLER is obliged to notify the BUYER. In this case, the BUYER has the right to cancel the order and terminate the contract. In the event of termination of the contract, the SELLER is obliged to return all payments it has collected, including delivery costs, if any, to the BUYER in cash and in one go within 14 (fourteen) days following the receipt of the termination notice.
4.12 In accordance with the 4th paragraph of Article 16 of the Distance Contracts Regulation No. 29188, which entered into force on 27.02.2015, in cases where it becomes impossible to fulfill the goods or services ordered, the seller or provider must notify the consumer in writing or via permanent data storage within three days from the date of learning about this situation and return all payments collected, including delivery costs, if any, within fourteen days from the date of notification.
4.13 In cases where the BUYER exercises his right of withdrawal or the product in question cannot be supplied for various reasons or the arbitration board decides to refund the price to the BUYER, if the purchase is made by credit card and in installments, the SELLER pays the price of the product to the Bank in one lump sum. The Bank makes the refund to the BUYER in the same number of installments as the BUYER purchased the product. In the options of money transfer/EFT or payment at the door, the refund will be made to the account specified by the Consumer by requesting the bank account information (the account must be in the name of the person at the billing address or in the name of the user member).
4.14 SELLER does not keep stock of all the products offered for sale on mtoyjewels.com. Ordered products are produced when deemed necessary. However, for various reasons, it may not be possible to produce products that are ordered and are not in stock. All orders are subject to availability in stock. In case of supply shortage or when the product is no longer in stock, Mtoy Jewels reserves the right to inform the customer about substitute products of similar or different categories and values that they can order. If the customer does not want to order substitute products, SELLER will refund the amount you paid for the unwanted substitute product to the BUYER.
4.15 Persons under the age of 18 are exempt from the SELLER.
cannot shop.
ARTICLE 5 - RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract within 14 (fourteen) days without giving any reason.
According to Article 15 of the Distance Contracts Regulation, the ring
In orders, the ring size is prepared specifically for the person, so it is legal
There is no right of withdrawal (cancellation and refund) depending on the conditions.
In addition, in all product groups of the SELLER, personalized products
cancellation on all and inscribed wedding rings and other products
There is no right of withdrawal. In addition, all products and ATAkulches produced in line with the BUYER's requests are among the products for which the right of withdrawal cannot be used.
The right of withdrawal period starts on the day the contract is established for contracts related to the performance of services; and on the day the consumer or a third party designated by the consumer receives the goods for contracts related to the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period from the establishment of the contract to the delivery of the goods.
In determining the period of the right of withdrawal;
Delivery of the goods by the seller to the carrier is not considered as delivery to the consumer.
In contracts where delivery of goods and performance of services are made together, the provisions of the right of withdrawal regarding the delivery of goods apply. Returned products that are received using the right of withdrawal are subject to an expert and the return control process begins.
In order to exercise the right of withdrawal, it is required that the SELLER be notified within 14 (fourteen) days by phone or e-mail or by logging in to the www.mtoyjewels.com website for customers who have a membership, through the My Account>My Orders section and that the product is not within the scope of the provisions of Article 15 titled “Exceptions to the Right of Withdrawal” of the Distance Contracts Regulation published in the Official Gazette on 27.11.2014 and can be offered for resale by the SELLER. In case of exercising this right;
a) The original invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent to the SELLER within 14 (ten) days together with the return invoice issued by the institution. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Within 14 fourteen days from the date of the request for withdrawal, the products to be returned must be returned to the SELLER completely and undamaged, together with their boxes, packaging, certificates, gift products and accessories, if any, and gift vouchers. If any of these materials are not sent or are damaged, even if caused by the transportation company, the cost of the material will be deducted from the return amount and the return process will be completed. The BUYER must learn which method to follow for these transactions by contacting the SELLER from the contact information provided.
The carrier designated within the scope of the right of withdrawal is Yurtiçi Kargo.
The product price will be refunded to the BUYER within 14 (fourteen) days from the date the product, which is the subject of the right of withdrawal request to the SELLER, is delivered to the carrier specified for return by the BUYER. However, if the consumer returns the product with a carrier other than the one specified for return, the product price will be refunded to the BUYER within 14 (fourteen) days from the date the product reaches the seller.
ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
a) Contracts related to goods prepared in line with the consumer's requests or personal needs. Therefore, when a custom production is made in a color different from the metal color offered on the website upon the BUYER's request, or when special orders are placed outside the ring size range, necklace and bracelet size offered on the website, wedding rings with writing inside, or when changes are made in the ring size, necklace, bracelet size and model upon the BUYER's request after the ordered product is delivered to the BUYER, these goods specially produced in line with the customer's special requests and perfumes with opened gelatins are within the scope of products for which the right of withdrawal cannot be exercised.
According to Article 15 of the Distance Contracts Regulation, the ring
In orders, the ring size is prepared specifically for the person, so it is legal
There is no right of withdrawal (cancellation and return) depending on the conditions. However, there is no right of withdrawal for wedding rings with writing inside.
b) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the SELLER or the provider.
c) Contracts for the delivery of goods that are perishable or subject to expiration.
d) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, or package have been opened after delivery; and whose return is not suitable for health and hygiene reasons.
e) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
f) Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
g) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of a subscription contract.
h) Contracts related to accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes, which must be made on a specific date or period.
i) Contracts for services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
j) Contracts regarding services that are started to be performed with the consumer's approval before the expiry of the right of withdrawal period.
k) Products delivered to an address outside the Turkish Customs Area as a result of the buyer declaring an overseas delivery address are not included in the scope of return. All other costs such as customs expenses, extra transportation costs etc. that may occur in the country where the order is to be delivered will be covered by the person who placed the order.
If the products sent abroad do not reach the BUYER and are sent back to the SELLER, the shipping cost will not be refunded to the orderer and they will not be sent back free of charge.
If the customs processes of the BUYER's order are not resolved, and the product is destroyed, detained, etc. within the customs practices of the relevant country, the SELLER is not responsible for this situation and the order amount will not be refunded.
ARTICLE 7 – APPLICATIONS MADE IN REGARDS TO DISPUTES
If the BUYER has a complaint about his/her order and/or the product in question and/or any issue related to his/her order, he/she can send his/her complaints to the SELLER via the contact information provided above. The submitted complaint applications will be recorded, evaluated by the authorized units and tried to be resolved and will be returned as soon as possible. In addition, the BUYER can apply for complaints and objections to the consumer problems arbitration board or consumer court in the place where he/she purchased the goods or services or where he/she resides, within the monetary limits determined by the Ministry of Customs and Trade of the Republic of Turkey in December of each year.
Bakırköy Courts and Enforcement Offices are authorized to resolve disputes arising from the implementation of this agreement.
SALES PERSON:
Trade Name: Mtoy Jewels
Cevizlik District, Hat Boyu Street, Square Business Center 4/19, Bakirkoy/Istanbul
Phone: +90 532 253 14 28
Email Address: info@mtoyjewels.com
BUYER :
Address :
History :