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Distant Sales AGREEMENT

    1.PARTIES

    • SELLER

    Title :

    Address :

    MERSIS Number :

    Telephone :

    Fax :

    Email :

    Website :

     

    • BUYER

    Name-Surname/Title :

    T.R. Identity/Tax Number :

    Address :

    Telephone :

    Email :

    2. PRODUCT(S), PRICE AND DELIVERY COSTS 

    Product Code

    Product Description

    Quantity

    Price

     

     

     

     

     

     

     

     

     Shipping cost :Cash Sales Amount :Sales Amount :Gift Card Amount :Commission Amount :Delivery address :Billing address :Payment information : The sales price of the products subject to this contract is shown in the table above and this amount includes VAT.

     

    1. SUBJECT OF THE AGREEMENT

    The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the Law on Consumer Protection No. 6502 (“CPL”) and other relevant legislation regarding the supply of the product specified in the order given by the Buyer electronically from the website owned by the Seller, called www.meaculpajewels.com (“Website”), which includes the characteristics and price (including VAT) of the product as described above.

    1. GENERAL PROVISIONS

    4.1 The Buyer acknowledges and declares that they have read and obtained all necessary information about the product(s) that constitute the subject of the Contract, which is offered for sale on the Seller’s Website and includes the specifications, price, validity period of the price, payment method, and other preliminary information about how the product(s) will be delivered, and that they have obtained all the necessary information for the purchase of this product(s) electronically and confirmed the purchase of the product(s).

    4.2 If the product(s) subject to the Contract is delivered to a person other than the Buyer whose name is mentioned in the Contract, the Seller shall have no liability, and the performance of the Contract shall be deemed to have been fulfilled. This provision shall also apply to deliveries made in cases of incorrect address information provided by the Buyer.

    4.3 The Buyer agrees that they are responsible for checking that the product(s) delivered to them under the Contract are free from defects.

    4.4 The electronic confirmation of this Agreement and the payment of the price of the product(s) subject to the Contract are required for the delivery of the product(s). If, for any reason, the Contract price is not paid or is canceled in the bank records, the Seller shall be relieved of the obligation to deliver the product(s).

    4.5 In case the Seller is unable to deliver the product(s) subject to the Contract within the specified period due to force majeure, extraordinary circumstances such as adverse weather conditions, interruption of transportation, technical reasons, etc., or technical reasons preventing the transportation of the product(s) necessary for the sale of movable goods, the Seller must notify the Buyer within 3 (three) days from the date when it is definitively determined that the delivery cannot be made within the legal delivery period stipulated in the relevant legislation. In this case, the Buyer may exercise one of their rights to cancel the order and/or postpone the delivery period until the obstacle is removed. If the Buyer cancels the order, the amount paid will be refunded to them within 14 (fourteen) days.

    4.6 The parties acknowledge that individuals under the age of 18 cannot purchase any products from the Seller.

    4.7 The Buyer can submit their requests and complaints via email to info@meaculpajewels.com or by phone at +905446552337.

    4.8 The parties acknowledge and declare that the Seller may fulfill its obligations arising from this Agreement either directly or through third parties, and the Buyer has no objection to this.

    4.9 The prices specified in Article 2 are the selling prices. The announced prices and promises are valid until updated and modified. Prices announced for a certain period are valid until the end of the specified period.

    4.10 By confirming this Agreement electronically, the Buyer confirms that they have obtained accurate and complete information about the address to be provided to them, the basic characteristics of the product(s) ordered, the price including taxes of the product(s), and the payment and delivery costs.

    4.11 The Buyer acknowledges and agrees that all elements of the Website, including but not limited to the design, text, images, HTML code, and other codes, belong to the Seller and/or are used under a license obtained by the Seller from a third party, and the Buyer cannot use the Seller’s brand, logo, trade name information, for any reference or promotional activities without the express written consent of the Seller. The Buyer cannot engage in any behavior that may infringe on copyright, trademark, or other rights owned by the Seller or create unfair competition, or engage in advertising activities in violation of the relevant legislation.

    4.12 In case the Buyer violates the provisions of this Agreement, the Seller may terminate the Agreement immediately at its own discretion without the need for any notice or grace period, and the Buyer will be personally responsible in this case.

    4.13 The Buyer agrees to indemnify and hold the Seller and/or the Seller’s affiliates and/or subsidiaries harmless against any and all claims, damages, liabilities, claims, or expenses that may be asserted by any third party against the Seller regarding the illegal use of the Website.

    1. PAYMENT

    5.1 The Buyer can make payments for the product(s) covered by this Agreement using a credit card and/or bank transfer/EFT.

    5.2 If the payment for the product(s) covered by this Agreement is made by the Buyer using a credit card, any legal risks arising from the unauthorized and unlawful use of the credit card by unauthorized persons, including situations where the cardholder and the person to whom the product(s) will be delivered are different, are the responsibility of the Buyer. The Buyer acknowledges and undertakes that they will not make any claims against the Seller in case of any damage in such situations. In addition, Article 4.2 of this Agreement will apply to deliveries made in this context.

    5.3 If the payment for the product(s) covered by this Agreement is made by the Buyer through an ATM device owned by any Bank or through its physical or online branch as “deposit to account,” it is a condition that the bank account used belongs to the Buyer. The Seller will not accept any other form of bank transfer/EFT payment. In addition, in cases where it is necessary to refund the total Contract price to the Buyer in accordance with the terms specified in this Agreement, these account details will be used, and the refund will be made to this account. The Buyer acknowledges and declares that if the Seller is unable to make the refund due to the closure of this bank account or a change in the account details, the Seller will have no liability, and the responsibility for notifying and informing the Seller of any changes lies entirely with the Buyer, who must notify the Seller by sending an email to the email address with the extension info@meaculpajewels.com or by informing the customer representatives at +905446552337.

    1. RIGHT OF WITHDRAWAL AND RETURNS

    6.1 Except for the exceptions mentioned in this article, the Buyer has the right to withdraw from the Contract without giving any reason and without any penalty within 14 days from the date the Contract is signed. After the Buyer’s withdrawal notification reaches the Seller, the Seller will share the confirmation information with the Buyer, and within 14 (fourteen) days following the date of receipt of the notification, the Seller will refund the price of the product(s) subject to the right of withdrawal to the Buyer in accordance with the payment method.

    6.2 The right of withdrawal period shall commence from the date when the product is received by the Buyer in contracts for the sale of goods.

    6.3 In determining the right of withdrawal period, the following shall apply: (i) In the case of goods delivered separately, where more than one piece of goods is delivered, the day when the consumer or the third party designated by the consumer receives the last goods, (ii) In the case of goods consisting of more than one part, the day when the consumer or the third party designated by the consumer receives the last part, (iii) In contracts where the regular delivery of goods is made for a certain period, the day when the consumer or the third party designated by the consumer receives the first goods shall be taken as the basis.

    6.4 The parties agree that the right of withdrawal cannot be exercised for contracts related to goods prepared in line with the Buyer’s requests or personal needs or for goods that are not suitable for return for health and hygiene reasons.

    6.5 The Buyer acknowledges and declares that if they have purchased products under this Contract, they are obliged to use these products in accordance with their operation, technical specifications, and usage instructions and that they cannot exercise their right of withdrawal for products used in a manner other than this.

    6.6 The parties agree that the right of withdrawal cannot be exercised for products whose protective elements such as packaging, tape, seal, and package have been opened after delivery.

    6.7 If the Buyer uses the installment option with a credit card during the purchase, in the event of the cancellation of the purchase of the product(s) purchased with the card, the Seller cannot make a cash payment to the Buyer in accordance with the agreement made with the bank. The refund process will be made to the Buyer through the bank, and the requested refund amounts will be transferred to the holder accounts by the bank in installments to prevent the parties from being in a disadvantaged position. The amount of installments paid by the Buyer will be reflected on the card every month after the installment payments of the sale have ended, the Buyer will receive it for as many months as the number of installments paid before the cancellation of the sale, and it will be deducted from their current debts. The Buyer acknowledges that they have read and accepted this procedure.

    6.8 If the Buyer uses the money order/EFT option, the refund process will be made to  the Buyer within the framework of the conditions specified in this Agreement. The account information from which the Buyer has made the money transfer/EFT will be used and the refund will be made to this account. The Seller will not be held liable if the Seller cannot make a refund due to closing the bank account or changing the account information. In case the bank account information changes, the obligation to notify and to inform is entirely on the Buyer, and the Buyer must absolutely make this notification and information via email at  info@meaculpajewels.com  or notify the customer representatives on the line +905446552337. The Buyer acknowledges and undertakes that he has read and accepted this procedure.

    6.9 In the event that the Buyer exercises their right of withdrawal, the Buyer must return the product(s) to the Seller or the person authorized by the Seller within ten days from the date they notify their withdrawal.

    1. NOTIFICATIONS AND EVIDENCE AGREEMENT

    7.1 All kinds of notifications to be sent in accordance with the Contract or related to this Agreement shall be made by e-mail. The parties accept that all notifications made by e-mail, including termination and default notices, will be considered as written notification and written document within the meaning of Article 193 of the Code of Civil Procedure and will be considered as duly delivered to the other party. In disputes between the parties, all notifications made via e-mail will be considered as conclusive evidence.

    7.2 The e-mail address registered by the Buyer on the Website is the valid notification address of the Buyer. The valid notification address of the Seller is Nisbetiye mah. Nisbetiye cad. no:24/17 Beşiktaş/İstanbul.

    7.3 The parties undertake to immediately notify each other of any changes in the contact information specified in Article 7.2. Otherwise, the existing contact information (address, e-mail, etc.) will be considered valid for all notifications made through the contact information – even if the notification is not made – and will have all the consequences of a legal notification. The parties acknowledge and undertake this.

    1. PRIVACY AND PROTECTION OF PERSONAL DATA

    The parties acknowledge and declare that the Buyer has read and understood the privacy and personal data policies on the Seller’s Website.

    1. COMPETENT COURT

    In case of disputes arising from the implementation of this distance sales agreement, the Consumer Problems Arbitration Committee or Consumer Courts in the place where the Buyer purchased the product(s) or where they reside will be authorized within the monetary limits announced annually by the Ministry of Commerce.

    This distance sales agreement has been read, understood, and confirmed by the parties electronically, and it has entered into force. In matters not regulated in this distance sales agreement, the provisions of the Law on Consumer Protection No. 6502 and the relevant legislation shall apply.

    1. EFFECTIVENESS

    This Agreement consisting of 10 articles has been concluded and entered into force on the transaction date by being read and understood by the Buyer and confirmed electronically.