DISTANCE SALES AGREEMENT
1. PARTIES
This Distance Sales Agreement ("Agreement"); address specified in article 6 ("BUYER") and Yenibosna Merkez Mah. 29 October Cd. Vizyon Park Ofis Plaza 5, Floor: 8, 814 located at the address CRUS LAPİS ("SELLER") was established in electronic environment within the framework of the terms and conditions stated below.
2. DEFINITIONS
In the application and interpretation of this Agreement, the terms written below shall refer to the written explanations against them.
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
Ministry: Ministry of Commerce,
Service: The subject of any consumer transaction regarding the provision of goods made or promised to be made in return for a fee or benefit,
Website: The website of the SELLER named www.cruslapis.com,
Law : Law on Consumer Protection,
SELLER: A natural or legal person who offers goods to the consumer for commercial or professional purposes, or acts on behalf of or on behalf of the supplier, including public legal entities,
Orderer: The natural or legal person who requests a good or service through the website of the SELLER named www.cruslapis.com,
Contract: This Contract concluded between the SELLER and the BUYER,
Parties: SELLER and BUYER,
Product or Products: Refers to the jewelery/items, precious stones/stones and all similar products that are subject to shopping.
Regulation: Distance Sales Regulation,
3. SUBJECT
This Agreement has been drawn up in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. The parties accept and declare that they know and understand their obligations and responsibilities arising from the Law on the Protection of the Consumer No. 6502 and the Regulation on Distance Contracts under this Agreement. The subject of this Agreement; It is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has placed an order electronically on the website of the SELLER. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4. MATTERS WHICH WAS INFORMED BEFORE THE BUYER
4.1. In the following matters, the BUYER has reviewed, read and understood all the general/special explanations on the relevant pages/sections of the Website, and that the necessary information has been given to him/her before the establishment of this Agreement with the acceptance of the BUYER on the Website and before undertaking both the order and the payment obligation. accepts.
a) The SELLER's title and contact information and up-to-date promotional information,
b) Purposeful tools/methods regarding the stages of the sales process and the correction of incorrectly entered information during the purchase of the Products from the Website,
c) Electronic contact information of the Chamber of Commerce (ITO-Istanbul Chamber of Commerce) to which the SELLER is a member and the code of conduct stipulated by the ITO regarding the profession (Telephone: 444 0 486, www.ito.org.tr)
d) Confidentiality, data usage-processing and electronic communication rules applied to the BUYER's information applied by the SELLER and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for using the rights of the parties,
e) Shipping restrictions stipulated by the SELLER for the Products,
f) Payment methods-means accepted by the SELLER for the products subject to the contract, and the basic features/qualities of the Products, the total price including taxes (the total price to be paid by the BUYER to the SELLER, including the related expenses),
g) Information on the methods of delivery of the Products to the BUYER and the shipping, delivery and shipping costs,
h) Other payment/collection and delivery information regarding the products and information regarding the performance of the Contract, the Parties' responsibilities in these matters,
i) Products and other goods/services that the BUYER does not have the right of withdrawal,
j) In cases where the BUYER has the right of withdrawal, the terms, duration and procedure of using this right, and if the right is not used within the period, the BUYER will lose its right of withdrawal,
k) For Products with the right of withdrawal, if the Product is damaged/scratched or changed due to the usage instructions, normal functioning or not being used properly within the withdrawal period, the BUYER's request for withdrawal may not be accepted and the SELLER will be liable to the SELLER in any case. in cases where he/she accepts, he/she can deduct an amount that he/she deems appropriate according to the said defect or change from the repayment to be made to the BUYER,
l) In cases where there is a right of withdrawal, how to return the Products to the SELLER and all related financial issues (including the ways of return, the cost and the return of the Product price and the discounts and deductions that can be made by the SELLER during the return),
m) Details of the terms of use regarding various opportunities that may be applied periodically on the BUYER's Website,
n) According to its nature, all other sales conditions included in this Agreement and this Agreement can be stored and accessed for the period requested by the BUYER, since it is sent to the BUYER by e-mail after the BUYER has approved and established it on the WEBSITE (www.cruslapis.com), The SELLER can also keep it for three years.
o) In case of dispute, the BUYER can submit his/her complaints to the SELLER with contact information and legal applications to District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law No. 6502.
5. SELLER INFORMATION
Title :
Address :
Mersis :
Phone :
Fax :
E-mail address :
6. BUYER INFORMATION
Person to be delivered:
Delivery address :
Phone :
Fax :
Email/Username:
7. ORDERING PERSON INFORMATION
Name/Surname/Title:
Address :
Phone :
Fax : -
Email/Username:
8. INVOICE INFORMATION
Name/Surname/Title:
Address :
Phone :
Fax :
Email/Username:
Invoice Delivery : The invoice will be delivered with the order to the delivery address at the time of order delivery.
9. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION
9.1. The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are available on the website of the SELLER.
9.2. Prices listed and announced on the site are sales prices. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
9.3. The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.
Product Description Unit Cash Price Subtotal (VAT Included)
Shipping Amount
Total
Delivery address :
Person to be delivered:
Billing address :
Order date :
Delivery Type : Delivery to the Buyer
9.4. Additional fees such as shipping fee, any other tax, duty fee, which is the product shipping cost, will be paid by the BUYER.
10. GENERAL PROVISIONS
10.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price and payment method and delivery of the Product subject to the Contract on the Internet Site and that he is informed and gives the necessary confirmation in the electronic environment. of the BUYER; It accepts, declares and undertakes that it has obtained the Preliminary Information electronically, the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. .
10.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER, depending on the distance from the BUYER's residence, not exceeding the legal period and excluding the periods added due to force majeure. These products will be delivered to the BUYER within 30 days at the latest, according to the legislation, excluding the periods added due to force majeure. According to the legislation, the 30-day delivery period does not cover the special designs to be made.
10.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, with the information and documents required for the job, and to perform the work in accordance with the standards, in a sound manner, free from all kinds of defects, in accordance with the principles of honesty and integrity. It accepts, declares and undertakes to act with caution and foresight, to protect and increase the quality of service, to show the necessary care and attention during the performance of the work.
10.4. The SELLER may supply a different product/service with equal quality and price, by informing the BUYER and by obtaining its express approval, before the expiry of the performance obligation arising from the Contract.
10.5. The BUYER accepts that he/she will confirm this Agreement electronically for the delivery of the Product subject to the Contract, and in the event that the price of the product subject to the Contract is not paid for any reason and/or is canceled in the records of the bank, financial institution, the SELLER's obligation to deliver the product subject to the contract shall expire, declares and undertakes. The BUYER accepts, declares and undertakes that the SELLER has no responsibility for the payments made to the SELLER by the bank and/or financial institution, but for which a failed code is sent by the bank and/or financial institution for any reason.
10.6. The BUYER, after the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER's credit card by unauthorized persons, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution, the BUYER It accepts, declares and undertakes that it will return the product in question to the SELLER within 3 days at the SELLER's cost of transportation.
10.7. The SELLER accepts, declares and undertakes that if the SELLER cannot deliver the product subject to the Contract in due time due to force majeure situations such as the occurrence of circumstances that are beyond the will of the Parties, unpredictable and prevent and / or delay the fulfillment of the obligations of the Parties, it will notify the BUYER. it does. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the postponement of the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the product amount is paid to him in cash and in full within 14 (fourteen) days, in the payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 7 (seven) days after the order is canceled by the BUYER. The BUYER considers that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER's account by the bank may take 2 (two) to 3 (three) weeks. accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
10.8. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
10.9. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order. or request the BUYER to submit a letter from the bank of the card holder stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.
10.10. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately indemnify all damages, in cash and in advance, upon the first notification of the SELLER, due to the falseness of this information.
10.11. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal regulations and not to violate them when using the website of the SELLER. Otherwise, all legal and penal liabilities to arise will bind the BUYER completely and exclusively.
10.12. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, disturbs and harass others, for an unlawful purpose, and infringes on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
10.13. The BUYER, who violates one or more of the articles listed in this Agreement, is personally responsible for this violation criminally and legally and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; In the event that the event is transferred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the BUYER due to non-compliance with the Contract.
11. SPECIAL CONDITIONS
11.1. The SELLER, at its own discretion, may set various campaigns for the BUYERS on the Website at various times, the conditions of which are to be determined by the SELLER.
11.2. The SELLER reserves the right to stop, update and change the campaign conditions at any time the campaigns announced on the Website. The BUYER is required to review the campaign conditions before each purchase to be made on the Website.
11.3. By organizing campaigns, your bank can apply a higher number of installments than the number of installments you choose, and services such as installment postponement can be offered. Such campaigns are at the discretion of your bank and if the SELLER is informed, information about the campaigns is given on our pages. Your bank will reflect on your credit card summary by dividing the order total by the number of installments starting from the account cutoff date of your credit card. The bank may not distribute the installment amounts equally to the months, taking into account the fractional differences. The creation of your detailed payment plan is at the discretion of your bank.
RULES ON THE PROTECTION OF COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL AND INTELLECTUAL RIGHTS
12.1. Name, surname, e-mail address, TR Identity number, demographic data, financial data, etc. of the BUYER, which can be defined as personal data within the scope of the Law on Protection of Personal Data No. 6698. informations;
* to receive orders, to offer products and services, to develop products and services, to solve systemic problems, to perform payment transactions, to be used in marketing activities about orders, products and services, in case of prior approval, to update the information of the BUYER, and to manage and maintain memberships. It can be recorded indefinitely by the SELLER, the SELLER's subsidiaries and third parties and/or organizations, in writing/magnetic, for the purpose of performing the distance sales contract and other agreements established between the BUYER and the SELLER and to ensure that the technical, logistics and other similar functions of the third parties are performed on behalf of the SELLER. can be kept in archives, used, updated, shared, transferred and processed in other ways.
12.2. CRUS LAPIS sends SMS/short message, instant notification, automatic notification to BUYERS for credit card and membership information, transaction and applications for promotion, advertisement, communication, promotion, sales and marketing purposes regarding all kinds of products and services, in accordance with the current legislation. Commercial electronic communications can be made by calling, computer, telephone, e-mail/mail, fax, other electronic communication tools, the BUYER has accepted to be sent commercial electronic messages.
12.3. The necessary measures for the security of the information and transactions entered by the BUYER on the Website have been taken in the system infrastructure of the SELLER, within the scope of today's technical possibilities, according to the nature of the information and transaction. However, since the said information is entered from the devices belonging to the BUYER, it is the BUYER's responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated persons.
12.4. The BUYER can reach the SELLER through the specified communication channels and request data usage-processing and/or communication to be stopped at any time. According to the clear notification of the BUYER on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible, is deleted from the data recording system or anonymized in an anonymous way. If the BUYER wishes, he/she may object to the emergence of a result against him/her by means of transactions related to the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, analysis with automatic systems, The SELLER can always apply and get information on issues such as the elimination of damage due to the processing of the SELLER. The applications in question will be examined and the BUYER will be returned within the legal period, within the periods stipulated in the legislation.
12.5. Regarding all kinds of information and content of the Internet Site and their arrangement, revision and partial/complete use; Except for those belonging to other third parties according to the SELLER's agreement; all intellectual and industrial rights and property rights belong to Crus Lapis Kuyumculuk San. and Tic. Ltd. Şti.
12.6. On other sites accessed from the Internet Site, their own privacy-security policies and terms of use are valid, the SELLER is not responsible for any conflicts or negative consequences that may arise.
13. RIGHT OF WITHDRAWAL
13.1. BUYER; In distance contracts for the sale of goods, the SELLER and the BUYER may use the right to withdraw from the Contract by refusing the goods without giving any reason within 14 (fourteen) days from the moment the contract is accepted by the SELLER and the BUYER and the price is executed. In distance contracts related to service provision, this period starts from the date of signing the contract. The BUYER's notification of the use of the right of withdrawal must be directed to the SELLER within this period. Before accepting the distance contract or any corresponding offer, the BUYER is clearly and understandably informed by the SELLER that it will be under the payment obligation if the details are specified in the regulation and if it approves the order, and the BUYER accepts that it has been informed in advance. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER.
13.2. In order to exercise the right of withdrawal, it is necessary to fill in the return request form on the www.cruslapis.com website within 14 (fourteen) days and deliver the product to the cargo company with the SELLER integration specified by the SELLER to the BUYER within 7 days. The SELLER may, without being obliged, give the BUYER the right to choose the courier company to which he wishes to send the product, through the options provided by the SELLER, while creating the return code. In order to use the right of withdrawal, the product must not have been used within the framework of the provisions of the "Products for which the Right of Withdrawal cannot be exercised" regulated under the title of Article 14. If this right is exercised,
a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total price to the BUYER within 30 days at the latest from the receipt of the withdrawal notice. From the exercise of the right of withdrawal, the BUYER must also return the product in question within 3 days.
e) If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's losses at the rate of the BUYER's fault.
f) In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.
g) In cases where the BUYER uses his right of withdrawal, or when the product subject to the order cannot be supplied for various reasons, or in cases where a refund is given to the BUYER by arbitral tribunals or court decisions, if the purchase is made with a credit card and in installments, the procedure for returning to the credit card is given below. stated:
In how many installments the BUYER has bought the product, the Bank makes the repayment to the BUYER in installments. After the SELLER has paid the entire product price to the bank at once, in case the installment expenditures made from the Bank's POS are returned to the BUYER's credit card, the requested refund amounts are transferred by the Bank to the bearer's accounts in installments so that the parties involved do not become victims. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the card's account cut-off dates do not coincide, 1 (one) refund will be reflected on the card each month, and the BUYER will pay the installments before the return, after the end of the installments of the sale, for another month equal to the number of installments he has paid before the return. receivables and will be deducted from existing debts.
14. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
It must be unused and resold by the SELLER within the framework of the provisions of Article 15 titled "exceptions to the right of withdrawal" of the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 and the provisions of Article 6 of the distance sales contract approved electronically between the Parties. The BUYER will not be able to use the right of withdrawal in the following contracts:
a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the SELLER.
b) Contracts for goods prepared in line with the consumer's wishes or personal needs
c) Contracts for the delivery of perishable or expired goods
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts for books, digital content and computer consumables offered in material environment, provided that the protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription contract.
g) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or recreation, which must be made on a certain date or period.
ğ) Contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the BUYER.
h) Contracts regarding the services that are started to be performed with the approval of the BUYER, before the expiry of the right of withdrawal.
Goods/Services subject to the contract, which are outside the scope of application of the Regulation on Distance Contracts (food, beverages or other daily consumption items delivered to the BUYER's residence with the regular deliveries of the SELLER, and services in areas such as travel, accommodation, restaurant, entertainment sector. ) In the case of goods/service types, the right of withdrawal cannot be exercised because the provisions of the Distance Contracts Regulation cannot be applied to the legal relationship between the BUYER and the SELLER.
15. RESOLUTION OF DISPUTES
15.1. In the implementation of this Distance Sales Agreement, Consumer Arbitration Committees in the place where the BUYER purchases the Goods or Services and their residence is authorized up to the value announced by the Ministry of Commerce, while Istanbul (Çağlayan) Courts are authorized in disputes above the value announced by the Ministry of Commerce.
15.2. District/provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in paragraph 1 of Article 68 of the Consumer Protection Law No. 6502.
16. CASE OF DEFERRED AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that in case of default in the transactions made with the credit card, the cardholder bank will pay interest within the framework of the credit card agreement with him and will be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
17. EVIDENCE AGREEMENT AND AUTHORIZED COURT
SELLER records (including records in magnetic media such as computer-sound recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation. The parties have accepted that the Istanbul (Çağlayan) Courts will be authorized in disputes arising from the implementation and interpretation of the Agreement, in cases exceeding the Consumer Arbitration Committees in the place of residence of the BUYER and SELLER, within the monetary limits determined within the framework of the legislation.
18. ENFORCEMENT
In the event that the payment for the order placed on the site is realized, the BUYER shall be deemed to have accepted all the terms of this Agreement. The SELLER is obliged to make software arrangements to ensure that the said Agreement cannot be placed on the site without obtaining the confirmation that the BUYER has read and accepted it.