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Distance Sales Contract

 

Nev Jewellery Distance Sales Contract

 

  1. Parties

 

SELLER 

Title: Nev Kuyumculuk Sanayi ve Ticaret Limited Şirketi

MERSİS number: 0202007321400012

Address: Harbiye Mah. Atiye Sk. No: 7 D:10 Şişli / Istanbul / TURKIYE

Phone: +90 537 365 87 57

E-mail: shop@nevjewellery.com

Hereinafter referred to as the SELLER.

 

BUYER (CONSUMER)

First and Last Name:

TCKN:

Address:

Phone:

E-mail:

Hereinafter referred to as the BUYER.

 

  1. Subject of the Contract

 

2.1 This Contract has been prepared in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation, which entered into force by being published in the Official Gazette dated 27 November 2014 and numbered 29188.

2.2. The subject of the contract is to determine the rights and obligations of the parties regarding the sale and delivery of the product whose electronic order is placed by the BUYER to the SELLER through the website www.nevjewellery.com, and whose characteristics are specified in the Pre-Information Form and in the Contract.

 

  1. Product Type, Price and Payment Method

 

The product ordered by the BUYER from the SELLER electronically; its specifications, quantity, sales price, delivery/invoice address, delivery person, and payment method are as stated below:

Product Name:

Product Code:

Product Weight: Since the products are produced by handcraft, in special productions there may be a difference in gram weight of +/- 5%. The exact value and weight of the product will be stated on the invoice and, if available, on its certificate.

Type/Kind:      

Quantity:

Unit Sales Price (VAT Included):

Delivery Address:

Person to Receive the Delivery:

Invoice Address:

Cargo/Delivery Fee:

Total Order Amount (VAT Included):

Payment Method:

 

  1. GENERAL PROVISIONS:

 

4.1. The parties to this contract are the BUYER and the SELLER, and all obligations and responsibilities regarding the performance of this contract belong to the parties. This contract enters into force on the date on which it is approved electronically by the BUYER. However, if for any reason the product price is not paid or is cancelled in the bank records, it shall be deemed that the SELLER has been released from its obligation to deliver the product.

4.2. The BUYER accepts, declares and undertakes that they have read and understood all information regarding the product that is the subject of the contract specified in Article 3, the Pre-Information Form, and all conditions related to the sale, and that they have given the necessary approval for purchasing this product electronically.

4.3 The BUYER will not accept from the cargo company any damaged and defective product such as one with dents, torn packaging, etc., before receiving the product that is the subject of the contract, and will examine the package.

4.4 The BUYER declares and accepts that the NEV JEWELLERY INTERNET SITE USAGE AND MEMBERSHIP CONTRACT is a part of this Contract, and that the statements and undertakings under the NEV JEWELLERY INTERNET SITE USAGE AND MEMBERSHIP CONTRACT shall also be applied in this Contract.

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

4.6 Shipments will be carried out to the delivery address specified in Article 3 of the BUYER through the shipping company agreed upon by the SELLER with Brinks insurance coverage. Even if the BUYER is not present at the address at the time of delivery, it shall be deemed that the SELLER has fully and completely fulfilled its obligation.

4.7 Any expenses and other damages arising from the BUYER receiving the product late, or from the product waiting at the shipping company and/or due to the shipment being returned to the SELLER, belong to the BUYER.

4.8 If the bank does not pay the product price to the SELLER due to the unauthorized and unlawful use by persons other than the BUYER of the credit card belonging to the BUYER after delivery of the product, in a manner not caused by the BUYER’s fault, then the BUYER is obliged to send the delivered product back to the SELLER within 3 (three) days. In this case, shipping costs belong to the BUYER.

4.9 The BUYER acknowledges that, since installment sales are made only with credit cards belonging to banks; they must additionally verify the relevant interest rates and information regarding default interest with their bank. The BUYER accepts, declares and undertakes that the aforementioned conditions are not related to the SELLER. The BUYER further accepts, declares and undertakes that, pursuant to the applicable legislation in force, the provisions regarding interest and default interest shall be applied within the scope of the credit card agreement between the bank and the BUYER.

4.10. In cases where the BUYER exercises the right of withdrawal, or where the product subject to the order cannot be supplied for various reasons, or where, as decided by the Consumer Arbitration Board, a refund of the price to the consumer is ordered; if the purchase was made with a shopping credit card and in installments, then the credit card refund procedure is as follows:

4.10.1. For how many installments the BUYER purchased the product: the bank makes the refund to the consumer in the same number of installments. After the SELLER pays the bank the full product price in a single payment, if the installment transactions made via the bank POS are refunded to the BUYER’s credit card, then the refund amounts requested will also be transferred by the bank to the account holders’ accounts in installments, so that the involved parties are not put in a disadvantaged situation.

4.10.2. In the event of return of goods and services purchased by card, the SELLER cannot pay the BUYER in cash due to a separate agreement made with the bank. Since the SELLER is obliged to pay the relevant amount to the bank in cash or by set-off, the SELLER will not make a cash payment to the BUYER as per the procedure. For credit card refunds: the SELLER’s refund to the card will be carried out by the bank after the SELLER pays the bank the amount in a single payment.

4.11. Pursuant to the General Communiqué of the Tax Procedure Law No. 385, in order for refund transactions to be carried out, the relevant refund sections on the invoice must be completed in full and signed, and after signing they must be sent back to the SELLER together with the product. The BUYER declares, accepts and undertakes that they accept all these procedures.

4.12 If it is impossible to deliver the product, the SELLER shall notify the BUYER within three days from the date it becomes aware of this situation and shall refund the fee within at most fourteen days.

  1. RIGHT OF WITHDRAWAL:

 

5.1. The BUYER has the right to withdraw from the contract by rejecting the product without stating any reason within fourteen days from the date of receipt of the goods. The product price shall be refunded to the BUYER within 14 (fourteen) days from the date the consumer’s withdrawal notice reaches the seller. The expenses arising from the use of the right of withdrawal belong to the SELLER, provided that the withdrawal notice is made to the SELLER and the product is returned to the SELLER using the carrier selected by the SELLER.

5.2. The withdrawal notice shall be made to the SELLER’s WhatsApp line 0539 745 87 57 or to the e-mail address destek@nevjewellery.com. Following the making of the withdrawal notice in this manner, for returns made by using the shipping company specified by the SELLER and using the return shipment code created by the Brinks company, the costs belong to the SELLER.

5.3. Pursuant to the Distance Contracts Regulation, in the following cases the right of withdrawal cannot be exercised and a request for return cannot be made.

  1. i) Goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller/provider,
  2. ii) Products prepared in line with the buyer’s special requests or personal needs (including those made special for the person/personal needs by making changes or additions, products created upon request, and special products produced upon the buyer’s request and imported/supplied from within or outside the country in accordance with the buyer’s order, including those that are customized other than the options offered on nevjewellery.com).

iii) All services provided instantly in electronic form, including gift vouchers, and any kinds of intangible goods delivered to the consumer instantly,

  1. iv) Other goods/services that are generally accepted as outside the scope of distance selling under the relevant legislation, and in cases where the buyer purchases for commercial/professional purposes,

To avoid any doubt, in cases where the products are damaged, stained, scratched, or otherwise deteriorated in a manner that can be considered beyond normal use, the BUYER shall be responsible for the damage they have caused to the product and shall not be able to exercise the right of withdrawal.

  1. FORCE MAJEURE:

 

6.1. Situations that did not exist at the time the contract was signed and were not foreseen, that develop outside the control of the parties, and that, upon occurrence, make it impossible for one or both parties to partially or fully fulfill the debts and responsibilities undertaken by them under the contract, or to fulfill them on time, shall be considered force majeure (natural disasters, war, terrorism, uprising, provisions of legislation, seizure or strike, lockout, major malfunction in production and communication facilities, epidemic disease, etc.).

6.2. The party affected by force majeure shall immediately and in writing notify the other party of the situation. During the continuation of the force majeure, no responsibility shall arise due to the parties’ inability to perform their obligations. If this force majeure situation continues for 30 (thirty) days, each of the parties shall have the right to terminate unilaterally.

  1. PRIVACY POLICY

 

The BUYER is provided with the Nev Jewellery Clarification Text on Personal Data at the following address here: https://www.nevjewellery.com/musteri-hizmetleri/kisisel-verilerin-korunmasi.

  1. AUTHORIZED COURT:

 

8.1. In the implementation of this contract and in any disputes that may arise; the Consumer Problems Arbitration Boards located at the place of residence of the BUYER or the SELLER shall be authorized up to the value announced each year by the Ministry of Customs and Trade. In disputes exceeding the aforementioned value, the Consumer Courts shall be authorized. In places where there is no Consumer Court, the Civil Court of First Instance shall be authorized.

8.2. This contract has been read, accepted and confirmed by the parties in electronic form. In matters not regulated in this contract, the provisions of the Law No. 6502 on the Protection of Consumers and other relevant legislation shall apply.

 

This contract was prepared on      date.

SELLER

Title: Nev Kuyumculuk Sanayi ve Ticaret Limited Şirketi

Address: Harbiye Mah. Atiye Sk. No: 7 D:10 Şişli / Istanbul / TURKIYE

Tel: +90 537 365 87 57

E-mail: shop@nevjewellery.com

BUYER

Name/Surname:

Prepared by  T-Soft E-Commerce.