Distance Selling Contract
ARTICLE 1 - PARTIES
Sinemis Kuyumculuk San. Tic. Ltd. Şti.
Molla Fenari Mah. Vezirhan Cd. Vezir Hanı İçi, No: 18, Çemberlitaş/ Fatih
+90 850 304 9454
Name and Surname :
Email Address :
ARTICLE 2 - SUBJECT
The scope and subject of this Agreement is to clarify rights and responsibilities of the Parties regarding to sales and delivery terms of the Product in accordance with the Consumer Protection Law numbered 6502 and applicable regulation on Distant Contract published in the official gazette dated 27.11.2014 which is electronically ordered by the Buyer from the www.sinemis.com.tr web site owned by the Seller and its qualifications and sale price is stated below.
ARTICLE 3 - PRODUCT INFORMATION
Type, quantity, brand/model/ colour, sale price and delivery information are as follows,
ARTICLE 4 - GENERAL CONDITIONS
By placing an order or making a transaction through the website or its mobile application using any relevant information stated on these platforms, you signify your agreement to be bound by these conditions.
4.1 The consumer hereby accepts and acknowledges that pre-information form gives him/her all necessary information about the features, sale price (including VAT), payment method, delivery lead time and conditions of the product together with the Name/title of the Seller and its appropriate contact information and address to confirm this transaction electronically.
4.2 The product shall be delivered to the Buyer or the third person referred by the Buyer who resides at stated address within the period announced on the website which may be vary on the distance between Seller’s and Buyer’s address. The period shall not exceed 30 days under any circumstances. The courier expense which is stated in Article 3 shall be covered by the Consumer and this expense shall be reflected to the invoice under the name of “Delivery Cost”
4.3 If it is determined that the product shall be delivered by any third party other than the Buyer, the Seller cannot be held liable from any refusal of delivery claimed by the third parties.
4.4 The Buyer cannot be held liable from any delivery failure due to the problems that are confronted by the courier company at the delivery stage.
4.5 The Buyer is responsible to deliver the product in an non-used and non-damaged position with the certificate of warranty and instructions booklet if legally necessary.
4.6 In case of a repair demand from the Consumer, the Product shall be supplied to the Consumer within the period specified in Consumer Law and its related regulations.
4.7 The Seller may supply another product to the Buyer in the same quality and price with the ordered product in the case that the Seller has reason which can be considered as a valid ground for this claim.
4.8 In case of an impossibility of the performance on the service or the product in question, the Buyer shall notify the situation to the Consumer before fulfilment period for its obligation expires. Further in these circumstances, the Seller may supply another product to the Buyer in same quality and price if the product is in stock.
4.9 The consumer accepts and acknowledges that the Seller who notifies the impossibility of performance for the product due to the stock out before the fulfilment period for its obligation expires, is also entitled to refund the products price. Under these circumstances, despite of the stock out notification been made by the Seller, the Buyer cannot claim for a product supply in same quality and price instead of a refund.
4.10 It is stipulated that one signed copy of this Agreement must be sent to the Buyer and the price must be paid with the preferred payment method by the Buyer before the delivery of the product. If the price of the product is not paid or cancelled for any reason, the Seller shall be deemed release from its delivery obligations with respect to the product.
4.11 In the event that price of the product is not transferred to the Buyer’s account by the relevant Banks and financial institutions due to the illegal and wrong use of the credit card, debit card or any other payment methods offered on the website by unauthorised person without negligence of the Buyer, the Buyer is obliged to re-deliver the Product to the Seller within 3 (three) days.
4.12 In the case that the Seller fails on delivery of the product due to force major situations such as adverse weather conditions, extraordinary restrictions on the transportation, the Seller is obliged to inform the situation to the Buyer. In this circumstances the Buyer is entitled either to terminate the contract or cancel the order. In case of a contract termination, the Seller is obliged to refund all the payments being made with respect the product to the Buyer in advance within 14 (fourteen) days upon the delivery of the termination notification.
4.13 In the event that the Buyer uses withdrawal right for the Product, price of the product shall be returned to the relevant Bank within 14 (fourteen) days in such payments that is made with credit cards, debit cards and any other payment methods offered on the website. Upon this transaction, reflection of the refund amount to the Buyers account is fully subjected to internal procedure of the Banks which the Seller has no right to interfere.
ARTICLE 5 - WITHDRAWAL RIGHT
5.1 In Distant Sales Contract regarding the purchase of products, the consumer is entitled to refuse the product without any justification within 14 days upon the delivery date without taking any legal or criminal liability. In Distant Sales Contract regarding the purchase of services, the withdrawal period starts the effective date of the Agreement. If it is determined that the fulfilment of the service starts before the period of withdrawal right expires, consumer is able to use its withdrawal right by the fulfilment date of the service. The transportation expenses arising out of the execution of withdrawal right shall be covered by the Seller in the case that the product is returned with Seller’s contracted Courier Company.
5.2 The consumer must submit its request to cancel the order within 14 days via fax, telephone or e-mail stated in Article 1 to the Seller and the product must be non-used within scope of the Distant Sale Contract Article 6. Return policy of the Seller within scope of withdrawal right is stated on the Distant Sales Contract. Courier expense shall be covered by the consumer if the product is sent other than Seller’s contracted courier companies titled Yurtiçi Kargo, Aras Kargo or others.
The documents written below must be conveyed to the Seller with the product which will be returned on the basis of withdrawal right
a) Invoice of the Product and a return invoice of the Product issued by the Company if the
b) The Form for the returning products.
5.3 The Products must be delivered to the Seller’s address specified for the product return in an non-used and non-damaged condition together with its original package and accessories if any. The Seller shall refund all payments which is made with respect to the returned product within 14 days upon the notification of the withdrawal right.
5.4 The invoice which is submitted to the buyer (consumer) during the delivery of the product, must be returned with the product to the Seller In order to ensure a consistency on Seller’s accounting records. Further, the invoice which will be returned with the product shall be signed and marked as a “return invoice” by the Buyer
ARTICLE 6 - EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
The consumer is not able to use the withdrawal right on the products below;
1. prices are changeable according to the fluctuations on the financial market beyond the control of the trader or provider.
2. have been formed upon the personal requests and needs.
3. are perishable
4. are not suitable for the return due to the health and hygiene issues in case of protection tools such as package, stamp, tape have been removed.
5. compound with any other products after its delivery and not able to be separated by its nature.
6. products that have been provided on the tangible platform such as books, digital content and computer consumables in case of protection tools such as package, stamp, tape have been removed.
7. apart from the subscription agreements, agreements on delivery of the periodicals such as newspapers and journals.
8. have a specific date to be benefited such as the recreation activities, accommodation, good transportation, car leasing, food-drink supply.
9. Spot delivery of the intangible goods to the consumer or services that have been fulfilled on the electronic platform.
10. Have been started the execution with a consent of the consumer before the withdrawal period is expired.
ARTICLE 7 - GOVERNING JURISDICTION
Regarding the complaints and objections related to contract product, the consumer is entitled to make his/her applications to District and Provincial Arbitration Committee for Consumer Problems located in either consumer’s domicile or the place where the purchase transaction is performed or Consumer Court within the boundaries of monetary limitations determined by the Ministry of Custom and Commerce in every December.
Name - Surname :
E-mail Address :