FREE WORLDWIDE SHIPPING
DISTANCE SALES AGREEMENT
This Distance Sales Agreement (“Agreement”) has been prepared for sales made via the internet in accordance with the Law No. 6502 on the Protection of Consumers (“Law”) and the Regulation on Distance Contracts (“Regulation”) published in the Official Gazette dated 27.11.2014 and numbered 29188. The provisions of the Agreement are as follows.
ARTICLE 1 – PARTIES
1.1 SELLER
Title: ETHERA MÜCEVHER SANAYİ VE TİCARET LİMİTED ŞİRKETİ
MERSIS No: 0381113341300001
Address: Kavacık Mah. Ertürk Sk. No:1 Interior Door No:3 BEYKOZ/ISTANBUL
Tax No: BEYKOZ Tax Office / 3811133413
Phone: +90 543 849 82 99
E-mail: contact@etherajewelry.com
1.2 BUYER
Name Surname:
Address:
Phone:
E-mail address:
ARTICLE 2 – SUBJECT
2.1. The subject of this Agreement is the determination of the rights and obligations of the parties regarding the sale and delivery of the product(s), the characteristics and sales price of which are specified in Article 3 of this Agreement, ordered by the BUYER through the website with the domain name https://www.etherajewelry.com/ (“Website”) belonging to the SELLER, in accordance with the provisions of the Law and the relevant Regulation. This Agreement has been prepared in accordance with the Law No. 6563 on the Regulation of Electronic Commerce, Law No. 6502 on the Protection of Consumers, and the Regulation on Distance Contracts. For the BUYER who is not considered a consumer within the scope of the relevant legislation, the relevant provisions of the Turkish Code of Obligations No. 6098 and the Turkish Commercial Code No. 6102 shall apply.
2.2. The prices listed and announced on the Website are the sales prices. The announced prices and commitments are valid until they are updated and changed.
2.3. The preliminary information form and invoice on the payment page of the Website are integral parts of this Agreement.
ARTICLE 3 – PRODUCT SUBJECT TO THE AGREEMENT
The type and kind, quantity, model, color, sales price, payment, invoice and delivery information of the products are as follows.
The basic characteristics of the product such as model and color are available on the Website belonging to the SELLER. The BUYER may examine the features and visuals of the product on the Website as long as the sale continues.
The price stated below is the sales price of the product including all taxes.
Product description:
Product Price (including VAT):
Quantity:
Shipping Fee*:
*Shipping fee will be determined according to the product amount. Since it cannot be calculated in advance, additional costs may be required.
Payment Method: Cash / Credit Card Single Payment / Credit Card [●] Installments
Total Price (including VAT):
Delivery Method: Delivery to address
ARTICLE 4 – GENERAL PROVISIONS
The BUYER declares, accepts and undertakes that they have read, understood, and are informed about all preliminary information regarding the essential qualities of the product(s) subject to the Agreement specified in Article 3, the sales price including taxes, payment method, delivery period, conditions regarding the right of withdrawal, and the SELLER’s full trade name, MERSIS number, address, tax number and contact information; that they are aware of their rights and obligations; that they accept all provisions unconditionally and give the necessary confirmation electronically, and that this Agreement will not be physically sent to them.
This Agreement is intended only for retail sales and final use. The SELLER reserves the right to cancel wholesale orders and not to deliver them even if a preliminary information form and/or sales agreement has been created.
By confirming this Agreement electronically, the BUYER confirms that the SELLER has fulfilled its obligation to inform under Article 5 of the Regulation and that, prior to the conclusion of distance contracts, they have been accurately and completely informed about the SELLER’s title, address, contact details, MERSIS number, essential characteristics of the products, total price including taxes, payment and delivery details, and the right of withdrawal and its conditions.
Except for products specially prepared in line with the BUYER’s requests, the product(s) subject to the Agreement shall be delivered to the BUYER or the person/entity at the address indicated by the BUYER within the period specified in the preliminary information, depending on the distance of the BUYER’s place of residence, provided that it does not exceed the legal period of 30 (thirty) days from the receipt of the order by the SELLER. However, products specially prepared upon the BUYER’s request are delivered within 3 (three) weeks.
The shipping cost shall be borne by the BUYER unless otherwise stated by the SELLER before the establishment of the Agreement.
The SELLER is responsible for delivering the product subject to the Agreement complete, in accordance with the specifications stated in the order, and free from defects.
For the delivery of the product, this Agreement must be accepted by the BUYER and the price must be paid using the payment method chosen by the BUYER. If the product price is not paid or is canceled in bank records, the SELLER shall be deemed released from the obligation to deliver the product.
In order to make payment by credit card, the BUYER must fill in the relevant section completely and accurately.
If, after delivery, the BUYER’s credit card, debit card, or other payment methods are used unlawfully by unauthorized persons not due to the BUYER’s fault and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER is obliged to return the product to the SELLER’s address within 3 (three) days, provided that it has been delivered to them. In this case, all shipping costs belong to the BUYER.
If the product is not in stock, there are transportation restrictions, or payment approval cannot be obtained, the SELLER has the right not to deliver the product, provided that the BUYER is informed and the total amount paid is refunded within 10 (ten) days.
In cases of force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation, the SELLER shall notify the BUYER within 3 (three) days. In such cases, the BUYER may request cancellation of the order, replacement with an equivalent product, or postponement of delivery. If the BUYER cancels the order, the amount paid shall be refunded within 14 (fourteen) days.
If the performance of the product becomes impossible, the SELLER shall notify the BUYER within 3 (three) days and refund all payments within 14 (fourteen) days.
This Agreement becomes valid upon acceptance by the BUYER.
The SELLER shall not be responsible if the product cannot be delivered due to problems encountered by the cargo company during delivery.
If the BUYER is not present at the address, refuses delivery, or provides incorrect information, the SELLER shall not be liable and shall be deemed to have fulfilled its obligation.
If the product is to be delivered to a third party, the SELLER shall not be responsible if the third party refuses delivery or is not present.
Damages arising from late receipt or return due to failure to deliver shall belong to the BUYER.
The BUYER must inspect the product before receiving it and shall not accept damaged goods. Otherwise, the product shall be deemed delivered intact.
After approval, the SELLER will send this Agreement and necessary information to the BUYER via e-mail.
The BUYER may communicate complaints and requests via the SELLER’s contact information stated in Article 1.
ARTICLE 5 – RIGHT OF WITHDRAWAL
Since the products sold by the SELLER are jewelry and are not suitable for return due to health and hygiene reasons and/or are prepared in line with the BUYER’s requests or personal needs, the right of withdrawal cannot be exercised.
By entering into this Agreement, the BUYER accepts that they have been informed about the absence of the right of withdrawal.
ARTICLE 6 – PROTECTION OF PERSONAL DATA
The BUYER may create a membership account on the Website and provides personal data such as name, surname and contact details, which are considered personal data under KVKK.
The SELLER collects payment data such as credit card details and address information for delivery. These data are processed for the performance of the services under this Agreement. Detailed information is provided in the Privacy Notice.
The SELLER undertakes to process personal data in line with the purpose, store it, and delete, destroy or anonymize it when required.
ARTICLE 7 – INTELLECTUAL AND INDUSTRIAL RIGHTS
All elements of the Website, including design, text, images, codes, trademarks, logos, and know-how belong to the SELLER or are used under license.
The BUYER may not copy, modify, publish, distribute, or use any content without permission.
ARTICLE 8 – GENERAL PROVISIONS
The BUYER may not assign rights or obligations. The SELLER may assign them to affiliates.
Invalid provisions do not affect the validity of the rest of the Agreement.
Notifications shall be made via specified contact channels.
ARTICLE 9 – COMPETENT COURT
The BUYER may submit complaints to the SELLER. Additionally, the BUYER may apply to consumer arbitration committees or consumer courts within legal limits.
By completing the order, the BUYER accepts all terms of this Agreement.
The BUYER declares that they have read, understood, and approved all conditions electronically.
