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Distance Sales Agreement

ARTICLE 1 – THE PARTIES

1.1 RECIPIENT

Hereinafter referred to as "THE PURCHASER".

1.2 VENDOR

Hereinafter referred to as "THE PURCHASER".

First Name Last Name:

Address:

ARTICLE 2 – SUBJECT MATTER

This contract concerns the sale and delivery of the product, the specifications and sale price of which are detailed below, ordered electronically by the BUYER from the atelierkelim.com (“Website”) website belonging to the SELLER, and the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.

ARTICLE 3 – INFORMATION REGARDING THE BASIC CHARACTERISTICS, SALES PRICE, AND DELIVERY OF THE PRODUCT SUBJECT TO THE AGREEMENT

The Name, Quantity, Sales Price (including VAT), and Delivery Information of the products are as follows:

ARTICLE 4 – GENERAL PROVISIONS

4.1 THE BUYER declares that they have read and understood the preliminary information on the Website regarding the essential characteristics of the product subject to the contract, the sales price including all taxes, the payment method, delivery and the costs thereof (unless otherwise stated, these costs will be borne by the BUYER), the delivery time, and the full business name, address and contact details of the SELLER; that they have received accurate and complete information regarding the conditions for exercising the right of withdrawal; and that they have given the necessary electronic confirmation.

The BUYER may submit their requests and complaints using the communication channels mentioned above. The SELLER's customer service will respond to complaints and requests as soon as possible.

By electronically confirming this agreement, the BUYER confirms that they have received accurate and complete information from the SELLER, prior to the conclusion of the distance contract, regarding the title, address, contact information, MERSIS number, essential characteristics of the ordered products, the total price of the products including all taxes, payment and delivery information, the right of withdrawal, and the procedure and conditions for exercising the right of withdrawal.

4.2 The product subject to the contract shall be delivered to the BUYER or the person/entity 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 location, provided that it does not exceed 30 (thirty) days from the order date for each product.

4.3 If the product subject to the contract is to be delivered to a person/entity other than the BUYER, the SELLER shall not be held responsible for the failure of the person/entity to accept the delivery.

4.4 The SELLER cannot be held responsible for the failure to deliver the ordered product to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER.

4.5 The SELLER is responsible for ensuring that the product subject to the contract is delivered in a sound, complete condition and in accordance with the specifications stated in the order.

4.6 In the event of errors in product price, product description, product specifications, etc., due to technical or material errors during the product's sale on the Website, the SELLER has the right to cancel the order and refund the collected amounts to the BUYER in accordance with the relevant legislation.

4.7 Due to the handmade nature of the products offered on the atelierkelim.com website and the variations in ring sizes ordered, there may be a difference of up to ±10% in weight, length, width, etc. after production.

4.8 If the SELLER is unable to fulfill its contractual obligations due to the impossibility of delivering the ordered product or service, it shall notify the BUYER in writing or via a durable data storage medium within three days of learning of this situation and shall refund all payments received, including any delivery costs, within fourteen days of the notification date.

4.9 If, at the end of the campaign period, it becomes impossible for the SELLER to fulfill the order and/or service, the SELLER reserves the right to supply a different product of equal quality and price with the BUYER's approval in order to fulfill its performance obligation arising from the contract.

4.10 If, after delivery of the product, the BUYER's credit card, debit card, and/or other payment systems offered on the Website are used fraudulently or illegally by unauthorized persons through no fault of the BUYER, and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER is obligated to return the product to the SELLER within 3 (three) days, provided that the product has been delivered to the BUYER. In this case, the shipping costs are the responsibility of the BUYER.

4.11 If the SELLER is unable to deliver the product within the agreed timeframe due to force majeure or extraordinary circumstances such as adverse weather conditions preventing shipment or transportation disruptions, the SELLER is obligated to inform the BUYER. In this case, the BUYER has the right to cancel the order and terminate the contract. In the event of contract termination, the SELLER is obligated to refund all payments received, including any delivery costs, to the BUYER in cash and in full within 14 (fourteen) days following receipt of the termination notice.

According to Article 16, paragraph 4 of the Distance Contracts Regulation No. 29188, which came into effect on 27.02.2015, if the performance of the ordered goods or services becomes impossible, the seller or provider is obliged to notify the consumer in writing or via a durable data storage medium within three days from the date they become aware of this situation, and to refund all payments collected, including delivery costs if any, within fourteen days at the latest from the date of notification.

4.13 In cases where the BUYER exercises their right of withdrawal, or if the product subject to the order cannot be supplied for various reasons, or if a refund is decided by an arbitration board, if the purchase was made with a credit card and in installments, the SELLER will pay the Bank the full amount of the product in a single payment. The Bank will refund the BUYER in the same number of installments as the BUYER originally paid. For bank transfer/EFT or cash-on-delivery options, the refund will be made via bank transfer or EFT to the account specified by the Consumer (the account must be in the name of the person at the billing address or the user member's name), after requesting the bank account details from the Consumer.

4.14 The SELLER does not maintain stock of all products offered for sale on atelierkelim.com . Ordered products are manufactured as needed. However, for various reasons, it may not be possible to produce products that are ordered but not in stock. All orders are subject to stock availability. In case of supply shortages or if a product is no longer in stock, the SELLER reserves the right to inform the BUYER about substitute products of similar or different category and value that they can order. If the customer does not wish to order substitute products, the SELLER will refund the amount paid for the unwanted substitute product to the BUYER.

4.15 Persons under the age of 18 cannot shop from the SELLER.

ARTICLE 5 – RIGHT OF WITHDRAWAL

THE PURCHASER has the right to withdraw from the contract within 14 (fourteen) days without giving any reason.

In accordance with Article 15 of the Distance Contracts Regulation, there is no right of withdrawal (cancellation and return) for ring orders, as the ring size is custom-made, subject to legal conditions. Furthermore, the SELLER does not offer a right of withdrawal for any personalized products, including wedding rings and other products with inscriptions. Additionally, all products manufactured according to the BUYER's specifications are included in the category of products for which the right of withdrawal cannot be exercised.

The withdrawal period begins on the day the contract is concluded for service contracts; and on the day the consumer or a third party designated by the consumer receives the goods for contracts for the supply of goods. However, the consumer may also exercise the right of withdrawal during the period from the conclusion of the contract to the delivery of the goods.

In determining the duration of the right of withdrawal;

The delivery of the goods by the seller to the carrier shall not be deemed delivery to the consumer.

In contracts where goods are delivered and services are performed together, the provisions regarding the right of withdrawal for goods delivery apply. Returned products received through the exercise of the right of withdrawal undergo an expert examination, initiating the return control process.

To exercise the right of withdrawal, notification must be given to the SELLER by phone or email within 14 (fourteen) days, and the product must not fall under the provisions of Article 15 of the Distance Contracts Regulation published in the Official Gazette on 27.11.2014, titled "Exceptions to the Right of Withdrawal," and must be in a condition that can be offered for sale again by the SELLER. If this right is exercised;

  1. a) The original invoice for the product delivered to the 3rd party or the BUYER must be sent to the SELLER within 10 (ten) days. (If the invoice for the product to be returned is a corporate invoice, it must be sent to the SELLER along with the return invoice issued by the company within 10 (ten) days. Order returns with invoices issued in the name of companies cannot be completed unless a RETURN INVOICE is issued.) b) Within 10 (ten) days of the notification of the right of withdrawal, the products to be returned must be returned to the SELLER complete and undamaged, including their box, packaging, certificates, any gift products and accessories, and gift vouchers. If any of these materials are not sent or are damaged, even if due to the shipping company, the cost of the material will be deducted from the refund amount and the refund process will be completed. The BUYER must contact the SELLER using the specified contact information to learn which method to follow for these procedures.

The carrier stipulated within the scope of the right of withdrawal is Yurtiçi Kargo.

The product price will be refunded to the BUYER within 14 (fourteen) days following the receipt of the withdrawal request by the SELLER.

ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

  1. a) Contracts for goods prepared according to the consumer's requests or personal needs. Therefore, when a custom order is made in a color different from the mineral color offered on the website at the BUYER's request, or in special orders outside the ring size range, necklace and bracelet length offered on the website, or in wedding rings with inscriptions, or in changes made to the ring size, necklace, bracelet length and model at the BUYER's request after the delivery of the ordered product to the BUYER, these goods, which are specially produced according to the customer's special requests, and perfumes with opened cellophane are included in the scope of products for which the right of withdrawal cannot be used. In accordance with Article 15 of the Distance Contracts Regulation, there is no right of withdrawal (cancellation and return right) for ring orders, as the ring size is prepared specifically for the individual. However, there is no right of withdrawal for wedding rings with inscriptions. b) Contracts for goods or services whose price depends on fluctuations in the financial markets and which are not under the control of the SELLER or provider. c) Contracts for the delivery of goods that are perishable or have an expiration date. d) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, and package have been opened after delivery; those whose return is not suitable for health and hygiene reasons. e) Contracts for goods that are mixed with other products after delivery and cannot be separated by nature. f) Contracts for books, digital content, and computer consumables offered in a tangible medium if the packaging, tape, seal, and package protective elements have been opened after delivery of the goods. g) Contracts for the delivery of periodicals such as newspapers and magazines, except for those provided under a subscription agreement. h) Contracts for accommodation, transportation of goods, car rental, food and beverage supply, and leisure activities intended for entertainment or recreation, which must be performed on a specific date or period. i) Contracts for services performed instantly in electronic form or intangible goods delivered instantly to the consumer.

    j) Contracts relating to services the performance of which has begun with the consumer's approval before the expiry of the withdrawal period.

    k) Products delivered to an address outside the Turkish Customs Area as a result of the buyer declaring a foreign delivery address are excluded from the return policy. Any customs charges, extra shipping costs, and other expenses incurred in the destination country will be the responsibility of the person placing the order.

If products shipped abroad do not reach the BUYER and are returned to the SELLER, the shipping fee will not be refunded to the order owner, and the products will not be resent free of charge.

The SELLER is not responsible for any destruction, detention, or other actions taken by the customs authorities of the relevant country regarding the product if the BUYER's order is not cleared through customs, and the order amount will not be refunded.

ARTICLE 7 – SUBMISSION OF APPLICATIONS REGARDING DISPUTES

If the BUYER has any complaints regarding their order and/or the product subject to the order and/or any matter related to the order, they can communicate their complaints to the SELLER via the contact information specified above. Submitted complaints will be recorded, evaluated by the relevant departments, and attempts will be made to resolve them, with feedback provided as soon as possible.

The Istanbul Enforcement Offices and Courts shall have jurisdiction in the resolution of disputes and disagreements arising from the implementation of this agreement.

ARTICLE 8 – ENTRY INTO FORCE

As for Article 9, under the heading of "ENTRY INTO FORCE";

The BUYER is deemed to have accepted all the terms and conditions of this agreement upon making payment for the order placed via the Site. The SELLER is obligated to make the necessary software arrangements to ensure that the BUYER reads and accepts this agreement on the site before the order is placed.

SELLER:

RECIPIENT:

DATE: