Distance Selling Agreement

ARTICLE 1. PARTIES

1.1 SELLER 

Title : MERİ KRUTZO JEWELRY LIMITED COMPANY

Address : Altunade Mah. Tophanelıoglu Cad. No: 6 /1 İç Kapı No: 2 Üsküdar / Istanbul

E-Mail Address: info@merikrutzo.com

Tax Number: 7341279841

Hereinafter referred to as "SELLER".

1.2 BUYER 

Name and surname:

Address:

E-mail address:

Hereinafter referred to as "BUYER".

SELLER and BUYER will be referred to as parties separately and parties together.

ARTICLE 2. SUBJECT

The subject of this contract is; 6502 regarding the sale and delivery of the product ordered by the BUYER electronically from the SELLER's Website with the domain address www.merikrutzo.com (hereinafter referred to as the "Website") and other matters governed by this contract. It is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. on the Protection of Consumers and the Distance Contracts Regulation.

ARTICLE 3. GENERAL PROVISIONS

3.1. BUYER; On the Website, you can read and obtain preliminary information regarding the basic characteristics of the product subject to the contract, the sales price and payment method including all taxes, delivery and the fact that its expenses will be covered by the BUYER unless otherwise stated, the period in which the delivery will be made, and the full commercial name, full address and contact information of the SELLER. He declares that he is the owner, that he has obtained accurate and complete information about the conditions for exercising the right of withdrawal, and that he has given the necessary confirmation electronically.

BUYER; By approving this contract electronically, before the conclusion of distance contracts, the title, address, contact information, MERSIS number that must be given to the BUYER by the SELLER, basic features of the products ordered, the sales price of the products including all taxes, payment and delivery information, right of withdrawal and He/she confirms that he/she has obtained accurate and complete information about the procedure and conditions of use of the right of withdrawal.

3.2. The product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated within a period of 30 days, depending on the distance of the BUYER's residence for each product, provided that it does not exceed 30 (thirty) days from the order date.

3.3. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.

3.4. The SELLER cannot be held responsible if the ordered product cannot be delivered to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER.

3.5. SELLER is responsible for the delivery of the product subject to the contract in a sound, complete and in accordance with the qualifications specified in the order.

3.6. During the process of offering the product for sale on the Website, product price, product description, product quality, etc. may be altered due to technical errors or material errors. In case of an error in the specifications, the SELLER has the right to cancel the order and return the collected amounts to the BUYER in accordance with the relevant legislation.

3.7 Due to the fact that the products offered on the Website with the domain addresswww.merikrutzo.com are handmade and the dimensions of the ordered products differ, weight, length, width etc. There may be differences in their properties after production. BUYER accepts this situation in advance.

3.8 If the SELLER cannot fulfill its contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, it will notify the BUYER in writing or via a permanent data recorder within three days from the date of learning of this situation and will make all payments collected, including delivery costs, if any. returns it within fourteen days at the latest from the date of notification.

3.9. In case of campaigns announced by the SELLER; In case it becomes impossible to fulfill the order and/or service at the end of the campaign period, the right is reserved to supply different products of equal quality and price with the approval of the BUYER in order to fulfill the contractual performance obligation.

3.10 After the delivery of the product, the relevant bank or financial institution fails to pay the price of the product to the SELLER due to the unfair or unlawful use of the BUYER's credit card, debit card and/or other payment systems offered on the Website by unauthorized persons, not due to the BUYER's fault. In this case, the BUYER is obliged to return the product to the SELLER within 3 (three) days, provided that it has been delivered to him. In this case, shipping costs belong to the BUYER.

3.11 If the SELLER cannot deliver the product subject to the contract within the deadline due to force majeure or extraordinary circumstances such as adverse weather conditions, pandemic, or interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER has the right to cancel the order and terminate the contract. In case of termination of the Contract, the SELLER is obliged to return all payments collected, including delivery costs, if any, to the BUYER in cash and in lump sum within 14 (Fourteen) days following the receipt of the notice of termination.

3.12 In accordance with the 4th paragraph of Article 16 of the Distance Contracts Regulation No. 29188, which came into force on 27.02.2015, in cases where it becomes impossible to fulfill the goods or services subject to the order, the seller or the provider will inform the consumer in writing or on a permanent data recorder within three days from the date of learning of this situation. and return all payments collected, including delivery costs, if any, within fourteen days from the date of notification.

3.13 In cases where the BUYER exercises his right of withdrawal or in cases where the product subject to the order cannot be supplied for various reasons or in cases where a refund is decided to the BUYER by the decisions of the arbitration committee, if the purchase is made by credit card and in installments, the SELLER pays the price of the product to the Bank at once. . Regardless of the number of installments in which the BUYER purchased the product, the Bank repays the BUYER in the same number of installments. For money transfer/EFT or payment at the door options, the refund will be made to the account specified by the Consumer (the account must be in the name of the person at the billing address or in the name of the user member) by wire transfer and EFT, by requesting the Consumer's bank account information.

3.14 SELLER does not keep stock of all the products it offers for sale through its website with the domain addresswww.merikrutzo.com . Ordered products are produced when deemed necessary. However, for various reasons, it may not be possible to produce ordered products that are not in stock. All orders are subject to availability in stock. In case of a supply shortage or the product is no longer in stock, the Seller reserves the right to inform the customer about substitute products of similar or different category and value that the customer can order. If the customer does not want to order replacement products, the SELLER refunds the amount paid for the unwanted replacement product to the BUYER.

ARTICLE 4 - RIGHT OF WITHDRAWAL 

BUYER has the right to withdraw from the contract within 14 (Fourteen) days without giving any reason.

In accordance with Article 15 of the Distance Contracts Regulation; In ring orders, since the ring size is prepared specifically for the person, there is no right of withdrawal (right of cancellation and return) depending on legal conditions. However, upon the request of the BUYER, there is no right of withdrawal for wedding rings with writing written inside. In addition, all products produced in line with the BUYER's wishes are among the products for which the right of withdrawal cannot be exercised.

The right of withdrawal period is the day the contract was established in contracts regarding the performance of services; In contracts regarding the delivery of goods, it starts on the day the consumer or a third party designated by the consumer receives the goods. However, the consumer can also exercise his right of withdrawal within the period from the conclusion of the contract to the delivery of the goods.

In determining the period of right of withdrawal; 

The delivery of the goods by the seller to the carrier is not considered as delivery to the consumer.

In contracts where the delivery of goods and the performance of services are made together, the right of withdrawal provisions regarding the delivery of goods apply.

In order to exercise the right of withdrawal, the SELLER must be notified by phone or e-mail within 14 (fourteen) days and the product is not within the scope of the provisions of Article 15 titled "Exceptions of the Right of Withdrawal" of the Distance Contracts Regulation published in the Official Gazette on 27.11.2014 and It must be of a quality that can be offered for resale by the SELLER. If this right is used;

a) The original invoice of the product delivered to the 3rd party or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent to the SELLER within 10 (ten) days together with the return invoice issued by the institution when returning it. The order whose invoice is issued on behalf of the institutions refunds cannot be completed unless a RETURN INVOICE is issued)
b) The products to be returned within 10 (ten) days from the date of submission of the right of withdrawal request must be returned to the SELLER completely and undamaged, together with their box, packaging, certificates, gift products and accessories, if any, and gift certificates. If any of these materials are not sent or are damaged, even if it is caused by the transportation company, the refund process is completed by deducting the cost of the material from the refund amount. The BUYER must learn which method to follow for these transactions by contacting the SELLER using the specified contact information.

The carrier foreseen within the scope of the right of withdrawal will be determined by the SELLER. If the right of withdrawal is exercised, transportation costs and insurance costs will be covered by the BUYER.

The product price will be refunded to the BUYER within 14 (fourteen) days following the receipt of the right of withdrawal request to the SELLER.

ARTICLE 5 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED 

a) Products specially prepared for the BUYER upon the BUYER's request, in line with the BUYER's wishes or personal needs, are outside the scope of the right of withdrawal. For this reason, at the BUYER's request, when personalized production is made in a color different from the mineral color offered on the website, or in special orders placed outside the ring size range, necklace and bracelet length offered on the website, in wedding rings with writing written inside, or in the case of the ordered product After delivery to the BUYER, when operations such as changes in ring size, necklace, bracelet length and model are made in line with the BUYER's request, these products, which are specially produced in line with the BUYER's special requests, are among the products for which the right of withdrawal cannot be exercised. In accordance with Article 15 of the Distance Contracts Regulation No. 29188, which came into force on 27.02.2015, there is no right of withdrawal (right of cancellation and return) in ring orders, depending on the legal conditions, since the ring size is prepared specifically for the person.
b) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the SELLER or the provider.
c) Contracts for the delivery of goods that can quickly deteriorate or expire.
d) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene.
e) Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature.
f) Contracts regarding books, digital content and computer consumables offered in tangible form, provided that the protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods.
g) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.
h) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and utilization of free time for entertainment or recreation purposes, which must be made on a certain date or period.
i) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
j) Contracts regarding services whose performance begins with the approval of the consumer before the right of withdrawal expires.
k) Products delivered to an address outside the Turkish Customs Area as a result of the buyer declaring an international delivery address are excluded from the scope of return.

ARTICLE 6 - APPLICATIONS REGARDING DISPUTES 

If the BUYER has a complaint about his order and/or the product subject to his order and/or any issue related to his order, he can convey his complaints to the SELLER via the contact information specified above. Complaints submitted will be recorded, evaluated and resolved by authorized units, and feedback will be provided as soon as possible. In addition, the BUYER may submit his complaints and objections to the arbitration committee or consumer court on consumer issues in the place where he purchased the goods or services or where he resides, within the monetary limits determined by the Ministry of Customs and Trade of the Republic of Turkey in December every year.

ARTICLE 7 - SEVERABILITY AND INTEGRITY OF SUBSTANCES

The provisions of this agreement are divisible and if one of its provisions is deemed invalid, canceled or otherwise eliminated, the validity of the other provisions of the Agreement will not be affected.

ARTICLE 8 - COMMENT

8.1. The article titles used in this Agreement are used for reference purposes only and will not affect the meaning and interpretation of the Agreement in any way.

8.2. If any legislation or legislative provision is referenced in this Agreement, this reference will also include future changes to this legislation.

8.3. In this Agreement, a reference to a singular term includes the plural of that term, and a reference to the plural includes the singular.

ARTICLE 9 - COMPETENT COURT AND EXECUTIVE OFFICE

Istanbul Çağlayan Courthouse Courts and Enforcement Offices are authorized for disputes arising from this agreement.

ARTICLE 10 - ENFORCEMENT

When the BUYER purchases any product from the SELLER's Website, he/she is deemed to have accepted all the terms and conditions of this contract.


SALES PERSON:

Commercial Name: 

Telephone: 

E-mail address: 

 

BUYER :

Address:

History :