DISTANCE SALES AGREEMENT
ARTICLE 1 - PARTIES
1.1. SELLER:
Name/Title: EMRAH JEWELRY
Address: YEDİKULE-FATİH
E-mail: turkiyewholesalestore@gmail.com
ARTICLE 2 – SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties in accordance with the provisions of the "Law No. 4077 on the Protection of Consumers" and the "Regulation on the Application Procedures and Principles of Distance Contracts" regarding the sale and delivery of the product, the specifications and sales price of which are specified below, which the BUYER ordered electronically from the SELLER's online shopping website www.turkiyewholesalestore.com.
3.2. Payment Method: Payment by Money Order / EFT
The buyer acknowledges and undertakes that he/she has read and accepted this procedure.
3.4- Delivery Method and Address:
Delivery Address:
Delivery Person:
Invoice Address:
Delivery will be hand-delivered to the Buyer's address specified above via the courier company. Even if the Buyer is not present at the address at the time of delivery, the SELLER will be deemed to have fully and completely fulfilled its obligations. Therefore, any damages resulting from the Buyer's late receipt of the product, as well as any costs incurred due to the product being held by the courier company and/or the return of the product to the SELLER, are the responsibility of the BUYER.
ARTICLE 4 - GENERAL PROVISIONS
4.1. The BUYER declares that they have read and are aware of the "information form" prepared on the "www.turkiyewholesalestore.com" website in accordance with the provisions of "Law No. 4077" and the "Regulation on the Application Procedures and Principles Regarding Door-to-Door Sales," as well as all preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product(s)/services subject to the contract, as specified in Article 3 of the contract, and that they have provided the necessary electronic confirmation.
4.2. The product subject to the contract will be delivered to the BUYER or the person/entity at the address specified by the BUYER within the period specified in the preliminary information on the website, depending on the distance from the BUYER's residence for each product, provided that it does not exceed the legal 30-day period.
4.3. If the product subject to the contract is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the person/entity does not accept the delivery.
4.4. The SELLER is responsible for ensuring that the product subject to the contract is delivered intact, complete, compliant with the specifications specified in the order, and accompanied by any warranty documents and user manuals.
4.5. Delivery of the product subject to the contract requires that a signed copy of this contract be delivered to the SELLER, and the payment must be made using the BUYER's preferred payment method. If, for any reason, the product price is not paid or is cancelled in the bank's records, the SELLER is deemed to have been released from its obligation to deliver the product.
4.6. If, after delivery of the product, the relevant bank or financial institution fails to pay the SELLER due to unauthorized or unlawful use of the BUYER's credit card by unauthorized persons not due to the BUYER's fault, the product must be returned to the SELLER within three days, provided that it has been delivered to the BUYER. In such a case, the shipping costs are the responsibility of the BUYER.
4.7. Products sold with or without a warranty certificate that are defective or broken can be sent to the SELLER for verification. If, after inspection, the defect is due to the BUYER's fault, the SELLER will arrange for the necessary repairs to be carried out by an authorized service center within the warranty terms. In this case, the BUYER will cover the shipping costs. If the defect is the SELLER's fault, the SELLER will cover the shipping costs.
ARTICLE 5 - DEFAULT PROVISIONS:
If the parties fail to fulfill their obligations arising from this contract, the provisions of Articles 106-108 of the Code of Obligations regarding the Debtor's Default shall apply. In cases of default, if either party fails to fulfill its obligations within the specified time without justifiable cause, the other party shall grant the non-performing party a seven-day period to fulfill the obligation. If the obligation is fulfilled within this period, the non-performing party shall be deemed to be in default, and the creditor shall have the right to demand the delivery of the goods and/or termination of the contract and the refund of the price.
Pursuant to the final paragraph of Article 9 of the Regulation on Distance Contracts, if www.turkiyewholesalestore.com is unable to fulfill its contractual obligations due to the impossibility of fulfilling the ordered goods or services (i.e., the product cannot be procured from the supplier company at all), the seller undertakes to notify the consumer of this situation before the expiration of the contractual performance obligation. In this case, www.turkiyewholesalestore.com has the right to immediately terminate the contract and undertakes to refund the customer the price of the ordered product and any documents that entail debt.
If www.turkiyewholesalestore.com cannot deliver the product subject to this contract within the specified time due to extraordinary events and circumstances such as force majeure, adverse weather conditions preventing transportation, transportation interruptions, fire, earthquake, flood, or epidemic that may prevent it from fulfilling this obligation, the BUYER acknowledges that www.turkiyewholesalestore.com has no liability whatsoever and may exercise one of its rights to cancel the order or postpone the delivery until the impeding situation is resolved. If the BUYER cancels the order, the amount paid will be refunded to the BUYER within 10 days. (For purchases made in installments by credit card, the BUYER accepts the procedure described above for refunds to the credit card.)
ARTICLE 8 - JURISDICTION:
The courts and enforcement offices located in the BUYER's or SELLER's place of residence shall have jurisdiction over the enforcement of this contract.
If the order is placed, the BUYER shall be deemed to have accepted all terms of this contract.