Distance Sales Agreement and Pre-Information Form
ARTICLE 1: PARTIES
DANIA DİZAYN SAN. VE DIŞ TİC. LTD. ŞTİ.
ADDRESS: Beyazıt Mah. Cevahir Bedesteni Sok. No: 189 Fatih/İSTANBUL
BUYER: The person who purchases from www.daniaalmouine.com. Hereinafter referred to as BUYER.
ARTICLE 2: SCOPE OF THE AGREEMENT
The subject of this agreement, the buyer’s SELLER’s web site www.daniaalmouine.com orders placed electronically, having the qualifications mentioned in the contract, the sale price of the products specified on the site with the sale and delivery of the Law No. 4077 on the Protection of Consumers and Contracts Determination of the rights and obligations of the parties in accordance with the provisions of the Regulation on Principles and Procedures. PURCHASER, the basic characteristics of the products subject to sale, sales price, payment method, delivery conditions, etc. accepts and declares that it has knowledge of all preliminary information and right of withdrawal of the product subject to sale, confirms this information in electronic form and then orders the product. The preliminary information and invoice on www.daniaalmouine.com are integral parts of this agreement. As soon as the order is realized, the BUYER shall be deemed to have accepted all the terms of this agreement.
ARTICLE 3: PRODUCT INFORMATION
SELLER offers jewelry products for sale. The contracted product and its features, materials, color, sales price, delivery conditions are given in the product specifications section of www.daniaalmouine.com web page.
ARTICLE 4: 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 agreement shall enter into force on the date of electronic approval by the BUYER.
4.2 The BUYER accepts, declares and undertakes that he has read and understood all the information regarding the characteristics and conditions of sale of the product subject to the contract referred to in Article 3 and that he has given the necessary approval for the purchase of this product.
4.3 The SELLER is responsible for delivering the contracted product to the cargo in a sound, complete, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.
4.4 If the product subject to the contract is to be delivered to another person / organization other than the BUYER, the SELLER cannot be held responsible for not accepting the delivery.
4.5 Delivery shall be delivered by cargo to the address specified in the form filled out by the BUYER at the time of purchase through the cargo company. The SELLER shall be deemed to have fulfilled its performance fully and completely, even if the recipient is not present at the time of delivery.
4.6 If, for any reason, the product price is not paid or canceled in the bank records, the SELLER shall be deemed free of the obligation to deliver the product.
4.7 Expenses and other damages arising from the late delivery of the product in the condition of the buyer in 4.5, or the waiting of the product in the cargo company and / or the return of the cargo to the SELLER shall be borne by the BUYER.
4.8 The PURCHASER is obliged to open and check the packages in front of the authorized person when receiving the packages and to ensure that the product is not delivered to the cargo company if there is any defect. If the package is not accepted and the minutes are kept, the condition must be notified to the SELLER within 3 days with the copy remaining in the BUYER. The SELLER shall ensure a new and healthy delivery as soon as possible.
4.9 If the credit card of the BUYER is used unfairly or unlawfully by unauthorized persons after the delivery of the product due to the BUYER’s defect, if the related bank or financial institution does not pay the product price to the BUYER, the BUYER shall deliver the product 3 (three) days. In this case, the shipping costs belong to the BUYER.
4.10 The PURCHASER, due to the sales of credit cards only belongs to banks; the interest rates and the default interest rate.
4.11 The BUYER accepts, declares and undertakes that the provisions regarding interest and default interest shall be applied within the scope of the credit card agreement between the bank and the BUYER in accordance with the provisions of the legislation in force.
4.12 In cases where the BUYER exercises his right of withdrawal or if the product subject to the order cannot be supplied for various reasons; The amount paid by the BUYER cannot be refunded to the BUYER in cash. After the SELLER pays the fee to the bank at once, the bank will refund the card to the bank.
4.13 In order to be able to perform refunds in accordance with the general communiqué numbered 385, the relevant return sections of the invoice must be completely filled in and returned to the SELLER together with the product after signing. The BUYER declares, accepts and undertakes to accept this procedure.
ARTICLE 5: RIGHT OF WITHDRAWAL
5.1 The BUYER shall have the right to withdraw from the contract by refusing the goods without any legal and criminal responsibility and without giving any reason within seven days from the date of receiving the goods. In order to exercise the right of withdrawal, the SELLER shall be notified by fax, e-mail or telephone within the same period and the product must not be used. If the right of withdrawal is used, the product price is returned to the BUYER within 10 days. Expenses arising from the exercise of the right of withdrawal belong to the SELLER.
5.2 Pursuant to the Regulation on Distance Contracts, the right of withdrawal may not be exercised in the case of goods manufactured or made special to the purchaser in accordance with the special requests and demands of the BUYER and in the case of goods whose price is determined in the stock market or other organized markets.
TRNC and Turkey for the KDV 5.3 Other non-payment in order to send the BUYER is obliged to pay tax on items taken at customs. The buyer has no right of withdrawal for the products which are not received in any way from customs.
ARTICLE 6: PROVISIONS
6.1. In the event that the parties fail to fulfill their obligations under this agreement, the provisions of the Borrower’s Default in Article 106-108 of the Code of Obligations shall apply. In the event of default, if any party fails to perform its actions without justifiable reason within its term, the other party shall grant a period of 7 days to the party who does not perform its performance for the performance of the said act. In the event that this is not fulfilled during this period, the right to demand the delivery of the goods and/or the termination of the contract and the refund of the price shall be arisen by requesting the performance of the performance from the party not fulfilling its performance.
6.2. If the SELLER cannot deliver the product subject to the contract within due time due to force majeure conditions that may prevent the SELLER from fulfilling this obligation or weather opposition that prevents transportation, such as interruption of transportation, fire, earthquake, flood; in such cases, the BUYER may use one of the rights that the SELLER has no responsibility, the cancellation of the order or postponement of the delivery time until the elimination of the preventive status. In case the BUYER cancels the order, the amount paid shall be paid to him within 10 (ten) days.
ARTICLE 7: AUTHORIZED COURT
In case of disputes arising from this contract, the Arbitration Committees of the Consumer Problems in the settlement of the BUYER or SELLER shall be authorized until the value announced by the Ministry of Customs and Trade each year and the Consumer Courts shall be authorized in the disputes above this value.
This agreement shall enter into force on the date of electronic approval.
The English translation of the Agreement is for informational purposes only. In case of any dispute, the Turkish contract shall prevail.
SELLER: DANIA DİZAYN SAN. VE DIŞ TİC. LTD. ŞTİ.