DISTANCE SALES AGREEMENT

ARTICLE 1 - PARTIES

1.1 - SELLER

Title: DEYLAN FOREIGN TRADE – SAVAŞ DEYLAN
Address: Mollafenari Mah. Tasvir St. Murathan No:4 Office No: 76 Fatih-Cagaloglu/Istanbul
Email : info@deylans.com
Mersis No: 3878559410000012


1.2 – BUYER
The person who is a member of the "deylans.com" shopping site as a customer.
Address and contact information used while members shall prevail.

ARTICLE 2 – SUBJECT
The subject of this contract is the Law No. 6502 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the BUYER has ordered electronically from the SELLER's “deylans.com” website. It is the determination of the rights and obligations of the parties in accordance with its provisions.


ARTICLE 3 – CONTRACTING PRODUCT
It consists of the type, quantity, brand/model, color, quantity, sales price, payment method, and information at the time of the completion of the order of the Good/Product/Service.

ARTICLE 4 - GENERAL PROVISIONS
4.1 The BUYER, on the deylans.com website, provides preliminary information on the basic characteristics of the product subject to the contract, the sales price including all taxes and the method of payment, as well as the delivery and its costs will be borne by the BUYER, the delivery period and the full trade name, full address and contact information of the SELLER. declares that he has read and has information and gives the necessary confirmation in electronic environment.

BUYER; By confirming this contract electronically, it confirms that before the conclusion of the distance contracts, the address to be given by the Seller to the Consumer, the basic features of the ordered products, the price of the products including taxes, payment and delivery information are correct and complete.


4.2 The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the website, depending on the distance of the BUYER's residence for each product, provided that it does not exceed the legal 30-day period. Any shipping fee regarding the delivery shown in Article 3 will be borne by the BUYER and will be reflected on the invoice for the order under the name of "Shipping Fee".

4.3 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.

4.4 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.

4.5 The SELLER is responsible for the delivery of the contracted product in a sound, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

 

4.6 The SELLER may supply a different product with equal quality and price to the BUYER before the contractual performance obligation expires, provided that it is based on a justified reason.

4.7 If the SELLER fails to fulfill its contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, it shall notify the consumer of this situation before the contractual performance obligation expires and may supply the BUYER with a different product of equal quality and price.

4.8 For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.

4.9 The BUYER accepts and undertakes that the credit card information he has defined in the system during shopping is correct and that he bears all legal and penal liability arising from the use of this credit card. After the delivery of the product, if the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, which is not due to the BUYER's fault, within 10 days, provided that the BUYER has delivered the product to him. It must be sent back to the SELLER. In this case, the shipping costs belong to the BUYER. If the BUYER does not send the product back, in case the product price is not charged to the credit card for any reason or the product price is returned to the credit card, the product price will be transferred to the SELLER bank accounts without any warning.

4.10 If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, it is obliged to notify the BUYER. In this case, the BUYER may use one of the rights to cancel the order, replace the product subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. If the BUYER cancels the order, the amount paid is paid to him in full within 10 days.

4.11 The points given to the customer by the SELLER through a campaign are valid for only one shopping. These points are non-refundable even if the product is returned.

In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount on the BUYER's accounts after the return of this amount to the bank is completely related to the bank transaction process, the BUYER may not be able to intervene in any way for the SELLER for possible delays and it may take an average of 2 to 3 weeks for the amount returned to the credit card by the SELLER to be reflected to the BUYER's account by the bank. already accepting.


ARTICLE 5 - RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract within 14 (Fourteen) days without giving any reason.

Pursuant to Article 15 of the Distance Contracts Regulation, there is no right of withdrawal (right of cancellation and return) depending on legal conditions, since the ring size is custom-made for wedding rings and ring orders with inscriptions.

The period of the right of withdrawal, in contracts related to the performance of service, the day the contract is established; In contracts for the delivery of goods, it starts on the day the consumer or the third party determined by the consumer receives the goods. However, the consumer may use the right of withdrawal within the period from the conclusion of the contract to the delivery of the goods.

In determining the period of the 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 provisions of the right of withdrawal regarding the delivery of goods are applied.

In order to exercise the right of withdrawal, the SELLER must be notified by telephone or e-mail within 14 (fourteen) days and the product is not within the scope of the provisions of Article 15 titled “Exceptions to the Right of Withdrawal” of the Regulation on Distance Contracts 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 exercised;

  1. a) The invoice of the product delivered to the 3rd person 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. It will not be completed unless the RETURN INVOICE is issued)
  2. b) The products to be returned within 10 (ten) days from the 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 is not sent or is damaged even if it is caused by the transport company, the return process is completed by deducting the cost of the material from the return amount. The BUYER should learn which route to follow for these transactions by contacting the contact information specified with the SELLER.

The product price is returned to the BUYER within 14 (fourteen) days following the receipt of the SELLER's right of withdrawal request.

ARTICLE 6 - PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL

  1. a) Contracts for goods prepared in line with the consumer's wishes or personal needs. Therefore, at the request of the BUYER, when a special production is made in a color different from the metal color offered on the website, or in special orders other than the ring size range, necklace and bracelet size offered on the website, wedding rings with inscriptions, or the product ordered. After the delivery to the BUYER, when transactions such as changes in ring size, necklace, bracelet size and model are made in line with the BUYER's request, these goods that are specially produced in line with the customer's special requests are included in the scope of products for which the right of withdrawal cannot be exercised. Pursuant to Article 15 of the Regulation on Distance Contracts, there is no right of withdrawal (right of cancellation and return) in ring orders, depending on legal conditions, since the ring size is custom-made.
  2. b) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the SELLER or the provider.
  3. c) Contracts for the delivery of perishable or expired goods.
  4. d) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
  5. e) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
  6. f) Contracts for books, digital content and computer consumables offered in material environment, in case the protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
  7. g) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
  8. h) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or rest, which must be made on a certain date or period.
  9. i) Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.
  10. j) Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
  11. k) Products delivered to an address outside the Turkish Customs Area as a result of the buyer's declaration of an overseas delivery address are not within the scope of return.

 


ARTICLE 7 - DEBT DEBT

In case of default of the BUYER, the BUYER agrees to pay the loss and damage of the SELLER due to the delayed performance of the debt. In cases where the BUYER's default is caused by the SELLER's fault, the BUYER shall not be obliged to meet any claim for loss or damage.

ARTICLE 8 – AUTHORIZED COURT

In the implementation of this Preliminary Information, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchases the goods or services and where the residence is located, are authorized up to the value announced by the Ministry of Industry and Trade.

The SELLER submits its applications regarding complaints and objections to the T.C. Within the monetary limits determined by the Ministry of Industry and Trade in December every year, the consumer can bring the problems to the arbitral tribunal or the consumer court in the place where he/she purchases the goods or services or where he/she resides. Information on the monetary limit is below:

Effective from 28/05/2014;

  1. a) Pursuant to Article 68 of the Law No. 6502 on the Protection of Consumers, in disputes with a value below two thousand Turkish Liras, district consumer arbitration committees, in disputes under three thousand Turkish liras, provincial consumer arbitration committees, and in metropolitan provinces, two thousand Turkish liras and three months It is obligatory to apply to the provincial consumer arbitration committees in disputes between one thousand Turkish Liras. No application can be made to consumer arbitration committees for disputes above these values.
  2. b) In case of disputes over the specified value, an application must be made to the Consumer Court, and in places where there is no Consumer Court, an application must be made to the Civil Courts of First Instance as a Consumer Court.

This preliminary information is made for commercial purposes.

Please Note: Before signing the cargo report, please check if your cargo package is damaged due to transportation. If there is any damage to your cargo package for any reason, please return your cargo to the cargo officer without signing any documents related to the delivery. Your new products will be sent by us immediately. Deylans.com is not responsible for the damage or deficiency of the products in the case of receiving the products with damaged cargo packages.

  1. All of these terms and conditions are subject to Turkish Law.