Distance Sales Agreement
1. PARTIES
The following Parties, namely the "SELLER" and the "BUYER," accept, declare, and undertake the terms and conditions set forth in this AGREEMENT. Hereinafter, the Parties will be collectively referred to as "Parties" and each individually as "Party."
"BUYER" (hereinafter referred to as the "BUYER"):
Name-Surname: [invoice-user-name]
Address: [invoice-address]
"SELLER" (hereinafter referred to as the "SELLER"):
By accepting this AGREEMENT, the BUYER agrees and acknowledges that if they confirm the order subject to the agreement, they will be obligated to pay the total price of the order, as well as additional fees such as shipping charges and taxes (if any), and that they have been informed about this obligation in advance.
2. DEFINITIONS
For the purposes of implementing and interpreting this AGREEMENT, the following terms shall have the meanings assigned to them below:
3. SUBJECT
This AGREEMENT sets forth the rights and obligations of the Parties concerning the sale and delivery of the product(s) ordered electronically by the BUYER on the SELLER’s -SITE/ Website/ Internet site- under the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. The features and sales price of the product are specified on the website.
The prices listed and announced on the -SITE/ Website/ Internet site- are the selling prices. These announced prices and commitments remain valid until updated or changed. For time-limited price offers, the prices remain valid until the end of the specified period.
4. SELLER’S INFORMATION
Company Name: Jewellery Pit – Ali Terlemez
Address: Mollafenari Mah./Iskender Boğazı Sk/No.45/Inner Door No.15/Gecim Gecim Han, Istanbul, 34093, Turkey
Phone: +90 545 472 4796
Email: jewellerypit.online@gmail.com
5. BUYER’S INFORMATION
Recipient Name: [invoice-user-name]
Delivery Address: [invoice-address]
Phone: [phone-no]
Email/Username: [email-address]
6. ORDER INFORMATION
Additional details:
Shipping costs related to product delivery will be covered by the SELLER.
7. GENERAL TERMS
7.1. The BUYER agrees, declares, and undertakes that they have reviewed the preliminary information regarding the basic features, sales price, and payment method of the product(s) subject to the AGREEMENT, as well as delivery-related information, on the SELLER’s SITE, and have provided the necessary confirmation electronically. The BUYER acknowledges that they have acquired all relevant information about the address to which the order will be delivered, the product’s essential features, including its tax-inclusive price, payment, and delivery details before confirming the AGREEMENT.
7.2. The product(s) subject to the AGREEMENT will be delivered to the BUYER or the person/organization at the address specified by the BUYER within the timeline indicated in the preliminary information section of the SITE, depending on the distance of the BUYER’s residence, and in any case, not exceeding the legal 30-day period. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the AGREEMENT.
7.3. The SELLER agrees, declares, and undertakes to deliver the product(s) subject to the AGREEMENT in compliance with the specifications specified in the order, free from defects, complete with necessary documents such as warranty certificates and user manuals, and in accordance with legal regulations.
7.4. If the SELLER is unable to fulfill the obligations arising from the AGREEMENT within the specified time due to unforeseeable and unavoidable events, they agree to notify the BUYER promptly. The BUYER may then request the cancellation of the order, replacement of the product with an equivalent one, or postponement of delivery until the obstacle is resolved.
7.5. The SELLER agrees to inform the BUYER in writing within three days if they become aware that fulfilling the order is impossible and refund the total amount to the BUYER within 14 days.
8. RIGHT OF WITHDRAWAL
8.1. The BUYER has the right to withdraw from the AGREEMENT without providing any justification and without incurring any penalties, provided they notify the SELLER within 14 (fourteen) days of the delivery of the product(s). Withdrawal-related expenses shall be borne by the SELLER.
8.2. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing via registered mail, fax, or email within the 14-day period, and the product(s) must not have been used, as specified under “Products Not Eligible for Withdrawal” in this AGREEMENT.
8.3. Refunds due to withdrawal will be processed within 10 days of receiving the withdrawal notification, and the product(s) must be returned within 10 days by the BUYER.
9. PRODUCTS NOT ELIGIBLE FOR WITHDRAWAL
Products that are prepared based on the BUYER’s requests, personal needs, or are not suitable for return due to their nature, or products that may deteriorate quickly or expire, are not eligible for withdrawal. These include, but are not limited to, opened packages of cosmetic products, underwear, swimwear, books, software, and personal items, as well as products with hygiene seals that have been broken after delivery. Opened packages of cosmetic products, underwear, books, software, and personal items are also excluded from the right of withdrawal.
10. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payments made via credit card, they agree to pay interest and assume responsibility towards the bank under their credit card agreement. In such cases, the bank may take legal action, and any associated costs will be borne by the BUYER.
11. JURISDICTION
Disputes arising from this AGREEMENT shall be submitted to the Consumer Arbitration Committee or the Consumer Court in the BUYER’s jurisdiction. For disputes with a value below 2,000 TL, applications can be made to the District Consumer Arbitration Committee. For values between 2,000 TL and 3,000 TL, applications should be directed to the Provincial Consumer Arbitration Committee. Disputes exceeding these thresholds will be handled by the Consumer Courts, as outlined by the applicable law.
12. ENFORCEMENT
By completing the payment for their order, the BUYER acknowledges and agrees to all terms of this AGREEMENT, including any legal commitments, obligations, and declarations outlined within.
13. ENTRY INTO FORCE
This AGREEMENT shall become effective upon its approval electronically by the BUYER on the SELLER's SITE. The SELLER is responsible for ensuring the necessary software arrangements are in place to obtain the BUYER's approval before the order is finalized.
By completing the payment for their order, the BUYER acknowledges and agrees to all terms of this AGREEMENT, including any legal commitments, obligations, and declarations outlined within.
SELLER: Jewellery Pit – Ali Terlemez
BUYER: [Buyer Name]
DATE: [date]
