CUSTOMER INFORMATION TEXT
This information text has been prepared by ALTINKAYNAK Jewelry and Jewelery Joint Stock Company to fulfill the obligation of informing under Article 10 of the Law No. 6698 on the Protection of Personal Data, and we present the information text containing information about the personal data processing activities of companies to the public and relevant individuals' knowledge.
Your personal data may be processed by Altınkaynak as the data controller within the scope described below.
Purposes of Processing Personal Data
Your personal data will be processed by us for the following purposes:
- To conduct activities in compliance with the legislation,
- To conduct financial processes,
- To fulfill the obligation of providing evidence in future legal disputes,
- To conduct corporate communication activities,
- To conduct customer relationship processes,
- To conduct activities for customer satisfaction,
- To conduct production and operational processes for goods or services,
- To conduct sales processes of goods or services,
- To conduct post-sales support services for goods or services,
- To conduct contract processes,
- To ensure the security of the company and customers/provide physical space security,
- To be processed as required or mandatory by legal regulations for the fulfillment of legal obligations.
Method of Collecting Personal Data
The data controller collects personal data through various means during the contractual relationship, both in physical and electronic environments, such as information request forms, communication forms, sales contracts, and other means. Your personal data may be collected through means such as membership agreement, distance sales contract, order form, commercial electronic message form, and explicit consent texts available on the "www.lucispirlanta.com" website.
Legal Basis for Processing Personal Data
Your personal data may be processed within the framework of the personal data processing purposes specified above and under the conditions envisaged in Articles 5 and 6 of Law No. 6698 on the Protection of Personal Data.
Transfer and Sharing of Personal Data
In accordance with the conditions stipulated in Articles 8 and 9 of Law No. 6698 on the Protection of Personal Data, your personal data may be transferred to regulatory and supervisory institutions, public institutions and organizations explicitly authorized to request information in relevant laws, suppliers for the purpose of conducting production and operational processes of goods or services, business partners, and courier companies for the purpose of product delivery. Your personal data will not be transferred abroad under any circumstances.
Your Rights as the Data Subject
The natural person whose personal data is processed is defined as the data subject and has the right to request one of the following by applying to the company:
- To learn whether personal data is processed,
- To request information if personal data has been processed,
- To learn the purpose of processing personal data and whether they are used in accordance with their purpose,
- To know the third parties to whom personal data are transferred domestically or abroad,
- To request correction of personal data if it is incomplete or incorrectly processed,
- To request the deletion or destruction of personal data,
- To request notification of the operations performed pursuant to subparagraphs (e) and (f) to third parties to whom personal data have been transferred,
- To object to the occurrence of a result against the person himself/herself by analyzing the processed data exclusively through automated systems,
- To demand compensation for damages in case of suffering damage due to the unlawful processing of personal data.
You can submit your applications to the company by filling out the "Data Controller Application Form" published on our website and for detailed information, you can refer to the Altınkaynak Personal Data Processing and Protection Policy.
Best regards.
PRELIMINARY INFORMATION AND PRELIMINARY INFORMATION FORM
ARTICLE 1. INFORMATION ABOUT THE SELLER:
Title: Altınkaynak Kuyumculuk ve Mücevherat AŞ
Adresi: Anafartalar Cad. Hanif Çarşısı No:24/23 06250 Ulus, Ankara /Türkiye
Telefon: (0312) 309 24 24
Faks: (0312) 310 12 92
E-mail: [email protected]
ARTICLE 2. INFORMATION ABOUT THE BUYER:
Name:
Address:
Phone:
Email address:
ARTICLE 3. SUBJECT OF THE CONTRACT PRODUCT/PRODUCTS:
The type, quantity, brand/model, color, and the inclusive selling price including taxes (as quantity x unit price) of the products are as follows:
Product Name: 0.37 ct Diamond Baguette Earrings
Quantity of the Product: 1
Tax-inclusive price of the Product: $17,308.00
ARTICLE 4. PRICE AND PAYMENT METHOD OF THE SUBJECT PRODUCT/PRODUCTS:
The VAT-inclusive cash price of the Product: 0.00 $
Order processing and shipping fee: Free
Payment method: Credit Card
The processing date of the order to be paid by the BUYER via Credit Card is the date on which the payment made by the BUYER is reflected in the accounts of the SELLER, not the date the order is placed. If, after the delivery of the product, the bank or financial institution does not pay the product price to the SELLER due to unauthorized use of the BUYER's credit card by unauthorized persons or unlawfully, without any fault of the BUYER, within 3 days of delivery, the BUYER must return the product to the SELLER. In this case, shipping costs are borne by the BUYER. Your bank may offer installment counts higher than the installment count you selected by organizing campaigns or may offer services such as installment postponement. Such campaigns are at the discretion of your bank. If the campaigns are known to our company, information about the campaigns is provided on our pages. The total amount of the order will be divided into installments from the statement date of your credit card, and it will be reflected on your credit card statement by your bank. The bank may not distribute installment amounts equally among months, taking into account fractional differences. The detailed payment plan is at the discretion of your bank.
ARTICLE 5. INFORMATION REGARDING DELIVERY:
Delivery Address:
Recipient:
Billing Address:
The delivery will be made by the contracted courier company to the address specified by the BUYER. Even if the BUYER is not present at the address during delivery, the SELLER will be deemed to have fulfilled its obligation in full and completely. Therefore, any damages resulting from the BUYER's delay in receiving the product, and/or the expenses incurred due to the product waiting in the courier company and/or the return of the shipment to the SELLER will be borne by the BUYER.
The delivery costs of the subject product/products shall be paid by the BUYER and will be reflected on the invoice related to the BUYER's order as "Shipping Fee". If the SELLER has declared on the website that the delivery fee will be covered by the SELLER within the specified conditions and/or if shopping is made above the specified total purchase amount or within the specified date range for the designated products, the delivery cost will be borne by the SELLER under the specified conditions. Delivery will be made as soon as possible after the stock availability and the transfer of the product price to the SELLER's account. Generally, and under normal conditions, delivery will be made to the BUYER or to the 3rd person or organization at the address indicated, depending on the distance of the place of residence, within a legal period of 30 days. This period can be extended for up to 10 days, provided that it is notified to the BUYER in writing. Before accepting the delivery of the subject product/products, the BUYER will inspect for any damaged or defective products such as dents, breakage, torn packaging, etc., and will not accept them from the courier company. Products/products received from the courier company without drawing up a report will be deemed undamaged and intact. The obligation to carefully protect the products/products after delivery belongs to the BUYER. If the price of the product/products is not paid for any reason or is canceled in the bank records, the SELLER will be relieved of the obligation to deliver the product/products. If it becomes impossible to deliver the ordered product/products, the BUYER will be informed of the situation, and all payments made will be refunded within 10 days at the latest with all documents. The SELLER may, before the expiration of the performance obligation in the contract, inform the BUYER and procure a different product of equal quality and price by explicitly obtaining the BUYER's consent.
ARTICLE 6. STOCK INFORMATION
It is possible that the products/products offered for sale through the website are not in stock. If necessary, the products/products are produced. If for some reasons it becomes impossible to produce the products/products ordered by the BUYER and not available in stock, this situation will be notified to the BUYER by the SELLER via email or phone, and all the amount paid by the BUYER for the product/products will be refunded; if the payment for the order has been made by credit card, it will be refunded to the credit card, and if it has been made by bank transfer/EFT, it will be refunded to the relevant bank account. The BUYER acknowledges that the reflection of this amount to the BUYER's account is a Banking process, and the SELLER cannot be held responsible for the bank's transfer of the refunded amount to the BUYER's account, which may take an average of 2 to 3 weeks.
Article 7. PRODUCTS COVERED BY WARRANTY
The warranty documents and warranty periods of the product(s) are determined by the brands of the product(s). Inspection processes are carried out by the brands within these specified periods. Inspection processes for products whose warranty period has expired are rejected by the brands. In the event that the product(s) purchased by the BUYER through the website malfunctions within the warranty period, if the product(s) are sent with the invoice, and the shipping cost is covered by the BUYER, the malfunction inspection processes will be carried out by the brand's malfunction inspection units of the purchased product(s) and a decision will be made. The malfunction inspection process takes at least 21 business days (1 month) and may extend up to 30 business days depending on the workload of the malfunction inspection unit. After the decision reached by the malfunction inspection units is communicated to the SELLER, the BUYER will be contacted, and if the product(s) are accepted as defective, the BUYER will make a selection, and either the defective product will be replaced with the same product or another product. If there is a price difference between the defective product and the product chosen by the BUYER, no refund will be made for cheaper products by the SELLER, however, if a more expensive product is chosen, the BUYER will be required to pay the price difference. Malfunction inspection processes are not carried out for products sent without an invoice.
Article 8. VALIDITY PERIOD:
All information and promises presented to the BUYER regarding the product(s) included in this form will be valid until changes are made and published regarding the product information. After today, the SELLER will not be bound by the information and promises given in this form.
Article 9. CONTRACT DURATION:
The periods in the Distance Sales Agreement provisions will commence upon the delivery of the product(s) to the BUYER and will expire thereafter.
Article 10. RIGHT OF WITHDRAWAL:
10.1. The BUYER may exercise the right of withdrawal within 30 (thirty) days without any justification or penalty from the delivery of the product(s) to themselves or the person/entity at the indicated address. To exercise the right of withdrawal, notification must be made to the SELLER within the same period via fax, email, or customer service phones provided on the website, and the product(s) must comply with the provisions of Article 9; unused, undamaged in its original condition including its packaging and box, and with labels and protective tapes intact. In case of exercising this right, it is mandatory to return the original invoice along with the Cargo Delivery Receipt and return form indicating that the product(s) delivered to a third party or to the BUYER has been returned to the SELLER. The product(s) must be returned intact and complete with its box, packaging, and accessories. The amount paid for the product(s) will be refunded to the BUYER within 10 (ten) days following the receipt of the notification of withdrawal, and the product(s) will be returned within a 20 (twenty) day period. If the original invoice is not sent, VAT and any other legal obligations cannot be refunded to the BUYER. The SELLER cannot be held responsible for any discrepancies in the refund process by the bank. If the product(s) returned due to the right of withdrawal are sent through the contracted cargo company Yurtiçi Kargo (any changes in the contracted cargo company will be notified through the website), the delivery cost will be covered by the SELLER. If the BUYER sends the product(s) through another cargo company, the delivery cost will be borne by the BUYER, and the SELLER will not be obliged to accept the product(s) sent in this manner with cash on delivery. If the BUYER sends the product(s) through a different cargo company other than the contracted cargo company Yurtiçi Kargo, the SELLER cannot make any requests to the BUYER, and the SELLER will be liable for any damages arising from or to be incurred by the SELLER. If the product(s) are not returned with the documents and in the condition as described, the return process cannot be completed, and the product(s) will be returned to the BUYER as sent to the SELLER, with cash on delivery. The SELLER will not bear any responsibility in this case.
10. 2. Since no taxes are paid for orders made by the BUYER for deliveries to the Turkish Republic of Northern Cyprus (TRNC) and abroad, the BUYER is responsible for paying all taxes of the purchased product(s) during the customs clearance process. The BUYER does not have the right of withdrawal for products that are not collected from customs in any way.
Article 11. GOODS/SERVICES NOT SUBJECT TO RIGHT OF WITHDRAWAL:
Due to their nature; single-use products, products that rapidly deteriorate and have a possibility of expiration, and products such as software and programs that can be copied are not eligible for return. Additionally, for any software and programs, including but not limited to those on DVD, DIVX, VCD, CD, MD, videotapes, computer and stationery consumables (toner, cartridge, ribbon, etc.), as well as all types of cosmetic products, and innerwear products, and personal care products, in order for the right of withdrawal to be exercised, the products must be unopened, undamaged, untested, and unused. Consumers cannot exercise the right of withdrawal for goods produced according to the consumer's special requests and demands, or goods made personalized by alterations or additions.
The BUYER can address their requests and complaints to the SELLER's contact information provided above.
The BUYER can lodge complaints and objections with Consumer Arbitration Committees up to the monetary value announced by the Ministry of Industry and Trade each December, and in disputes exceeding this value, the Consumer Courts where the products were purchased or where the BUYER resides. In places where there are no Consumer Courts, Civil Courts of First Instance have jurisdiction.
The information provided in this Preliminary Information Form is provided via remote communication tools and within the principles of good faith to protect minors, individuals lacking discernment or limited discernment, for commercial purposes.
After the Preliminary Information Form is accepted electronically by the BUYER, the process of establishing a Distance Sales Agreement will begin. This Preliminary Information is made for commercial purposes.
BUYER:
Date: 20.03.2024
DISTANCE SALES AGREEMENT
Article 1. PARTIES
Seller:
Altınkaynak Kuyumculuk ve Mücevherat A.Ş.
Anafartalar Cad. Hanif Çarşısı No:24/23 06250 Ulus, Ankara / Türkiye
Telefon: (0312) 309 24 24
Faks: (0312) 310 12 92
Buyer:
Name:
Address:
Phone:
Email address:
Article 2. SUBJECT
The subject of this agreement is the determination of 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 Distance Contracts regarding the sale and delivery of the product/products with the specified characteristics mentioned in the contract and the sales price specified by the parties, which the BUYER has ordered electronically from the website www.lucispirlanta.com owned by the SELLER.
Article 3. DESCRIPTION AND TYPE OF THE SUBJECT OF THE CONTRACT
The subject of this contract is any kind of product/products sold and delivered by the SELLER through the website www.lucispirlanta.com. The type of product, quantity, brand/model, color, and the total sales price including all taxes are as stated in the product presentation page on the website www.lucispirlanta.com and on the invoice, which is an integral part of this contract.
The BUYER declares and accepts, in accordance with the provisions of this contract, that they are aware of all preliminary information about the product/products subject to sale, including the basic characteristics of the product/products, the sales price, payment method, delivery conditions, etc., and the right of withdrawal, that they have confirmed this preliminary information electronically, and then placed the product order. The "Preliminary Information Form" and "Invoice" are integral parts of this contract. At the moment the order is placed, the BUYER is considered to have accepted all the terms of this contract.
Article 4. SUBJECT OF THE CONTRACT AND DELIVERY INFORMATION
The type and description, quantity, brand/model, color, sales price, and delivery details of the products are as follows:
Product Name: 0.37 ct Diamond Baguette Earrings
Quantity of Product: 1
Price of Product (Including Taxes): $17,308.00
Delivery/Shipping Cost: Free
Payment Method: Bank Transfer/EFT
Invoice Address:
Company Name on Invoice:
Delivery Address:
Recipient's Name:
Article 5. GENERAL PROVISIONS
5.1. The two copies of this contract previously signed by the SELLER have been accepted and signed electronically by the BUYER upon confirmation of the order date and in the case of electronic sales, electronically signed. The processing date of the order to be paid by Bank Transfer/EFT by the BUYER is the date on which the payment made by the BUYER is reflected in the SELLER's account, not the date the order is placed.
5.2. Individuals under the age of 18 cannot make purchases through www.lucispirlanta.com. By confirming this contract electronically, the consumer confirms that they are over 18 years old.
5.3. The BUYER acknowledges that they are informed about all preliminary information regarding the basic characteristics of the product/products subject to this contract, including the product/products specified in Article 4, the sales price including all taxes and payment method, as well as the delivery and delivery costs to be borne by the BUYER, the period within which the delivery will be made, the full commercial title, clear address, and contact information of the SELLER on the website www.lucispirlanta.com and in Article 4 of this contract. The BUYER declares and accepts that they have given the necessary confirmation electronically for the preliminary information in electronic sales. The BUYER declares and accepts that they have read and understood all the information stated in Article 4, and have given the necessary approval for the purchase of these products/products.
5.4. By confirming this contract electronically, the BUYER confirms that, before the conclusion of distance contracts, they have obtained complete and accurate information about the characteristics of the products/products ordered by the SELLER, including the specifications of the products/products, the sales price including all taxes, the clear address, commercial title, and contact information of the SELLER, the payment method, and the information about the quantity and confirms that the delivery and delivery costs will be borne by the BUYER.
5.5. The Seller is responsible for delivering the products/products subject to the contract in accordance with the specified characteristics, in good condition, and complete, along with warranty documents and user manuals. The warranty documents and warranty periods of the product/products are determined by the brands of the product/products. Inspection processes are carried out by the brands within these specified periods. Inspection processes for products whose warranty period has expired are rejected by the brands.
5.6. If the BUYER wishes to make the payment via Bank Transfer/EFT, the BUYER must make the payment to the SELLER's account within 1 week from the date of the order, and notify the operator of the website www.lucispirlanta.com by clicking the "I made a Bank Transfer/EFT" button in the relevant section of the website to confirm that the payment has been made. Otherwise, the BUYER's order will be canceled.
5.7. If the BUYER chooses to make the purchase with a credit card and in installments, the installment option selected by the BUYER on the website is valid. In the installment process, the relevant provisions of the contract signed between the BUYER and the cardholder bank apply. The payment date for the credit card is determined by the agreement between the bank and the BUYER. Additionally, the BUYER can track the number of installments and payments from the account statement sent by the bank.
5.8. The products/products subject to the contract, ordered by the BUYER from the website, will be delivered to the BUYER or the person/organization at the address specified by the BUYER, depending on the distance of the BUYER's place of residence, within the period stated in the preliminary information on the website and according to the distance of the BUYER's place of residence, not exceeding 30 days. This period can be extended for up to 10 days if communicated to the BUYER in writing. Even if the BUYER is not present at the delivery address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation in full and completely. Therefore, the BUYER shall bear any expenses arising from the late receipt of the product, as well as any expenses incurred due to the product waiting at the shipping company and/or the return of the shipment to the SELLER.
5.9. If the products/products subject to the contract are to be delivered to another person/organization other than the BUYER, the SELLER cannot be held responsible if the recipient refuses the delivery.
5.10. The delivery costs of the products/products subject to the contract will be paid by the BUYER and will be reflected on the invoice for the BUYER's order as "Shipping Fee." If the SELLER has stated on the website that the delivery fee will be covered by the SELLER for certain products/products within a specified date range and/or for purchases above a specified total amount, then, under the specified conditions, the delivery cost will be borne by the SELLER.
5.11. Delivery is made as soon as possible after the stock status is available and the payment is credited to the SELLER's account. In order for the products/products to be delivered, it is necessary for the Preliminary Information Form to be electronically confirmed, a signed copy of this contract to be delivered to the SELLER, and the payment for the products/products to be made. If for any reason the product price is not paid or canceled in the bank records, the Seller will be relieved of the obligation to deliver the product/products. The BUYER is responsible for paying the transportation cost.
5.12. The SELLER shall not be held responsible if the courier company, which will deliver the products/products subject to the contract to the BUYER, fails to deliver the products/products on time and/or fails to deliver them at all due to any problems encountered during the delivery process.
5.13. The SELLER may supply a different product of equal quality and price before the performance obligation in the contract expires, by informing the BUYER and obtaining explicit consent.
5.14. If the BUYER's credit card is used without authorization by unauthorized persons due to reasons not attributable to the BUYER, and the bank or financial institution does not pay the product price to the SELLER, the BUYER must return the product to the SELLER within 3 days of being delivered, provided that it has been delivered to the BUYER. In this case, the shipping costs will be borne by the BUYER.
5.15. If the SELLER considers that the performance of the contract product/products has become impossible, or if the contract product/products cannot be delivered to the BUYER within the specified period due to force majeure and extraordinary circumstances preventing transportation and/or non-availability of the product/products in stock, and/or if it has been decided by the Consumer Arbitration Committee to make a refund to the consumer, the SELLER will inform the BUYER of the situation. The BUYER declares and accepts that the SELLER has no liability in this context and that the BUYER may exercise the right to cancel the order or postpone the delivery until the obstructive situation is resolved. In case of the BUYER's cancellation of the order and if the product/product price has been paid, the paid amount and, if any, the documents will be refunded to the BUYER within 10 (ten) days. (In installment purchases made with a credit card, the procedure mentioned above is accepted by the BUYER for the refund to the credit card.)
5.16. In the cases listed in Article 5.15 of this contract and/or in case the BUYER requests the cancellation of the order, the amount paid to the SELLER will be refunded in full within 7 days. If the BUYER has paid with a credit card, the product amount will also be refunded to the bank within the same period. The BUYER acknowledges that it is the Bank's process for the amount refunded to be reflected in the BUYER's account. If the BUYER has made the purchase with a credit card in installments, the Bank refunds the amount in installments, as many as the number of installments the BUYER made the purchase. After the SELLER pays the full amount to the Bank, in case of a refund to the BUYER's credit card through Bank POS, the requested refund amounts are transferred to the accounts of the parties involved in the transaction in installments through the Bank. If the dates of the refund and the credit card's billing cycle do not coincide, one refund will be reflected on the card each month, and the customer will receive the amount of installments paid before the refund for as many months as the number of installments paid before the refund, after the end of the installment payments of the purchase. In case of a return of products/products purchased with a credit card, the SELLER cannot make cash payment to the BUYER as per the agreement made with the Bank. When a return transaction is requested, the SELLER will make the refund through the relevant software, and since the Merchant/Seller is obliged to pay the relevant amount to the Bank in cash or by offsetting it against the amount payable to the Bank, cash payment cannot be made to the BUYER in accordance with the procedure described above. Refund to the credit card is made by the Bank according to the above procedure after the SELLER pays the amount to the Bank in a single transaction. If the BUYER has made the payment via Bank Transfer/EFT, the refund will be made to the account specified by the BUYER (the account must be in the name of the person stated on the invoice or in the name of the user member) as Bank Transfer/EFT after the bank account information of the BUYER is requested. The BUYER acknowledges and agrees to this procedure.
5.17. The BUYER shall inspect the products/items subject to the contract for any damages such as dents, breakage, torn packaging, etc., before accepting delivery from the courier company. Products/items received from the courier company without drawing up a report will be deemed to be undamaged and intact. After delivery, the duty of carefully protecting the products/items belongs to the BUYER.
5.18. Circumstances such as war, natural disasters, strikes, lockouts, prevention of the importation of products/items due to legislative changes, strikes, lockouts, etc., which are not foreseen and are not the fault of either party and which prevent the parties from fulfilling their obligations under this contract or fulfilling them in a timely manner, shall be deemed as force majeure. The party affected by force majeure shall immediately inform the other party in writing, and shall not be held responsible for failing to fulfill its obligations under this contract as long as the force majeure situation persists. If the force majeure situation continues for more than 30 days, each party shall have the right to unilaterally terminate the contract.
5.19. It is possible that the products/items offered for sale through the website may not be in stock. The products/items are produced if deemed necessary. In the event that the production of the products/items ordered by the BUYER and not in stock cannot be carried out for various reasons, this situation will be notified to the BUYER by the SELLER via e-mail or telephone, and all amounts paid by the BUYER for the products/items will be refunded to the BUYER's credit card if the payment was made by credit card, or to the relevant bank account if the payment was made via bank transfer/EFT.
5.20. In case the products/items purchased by the BUYER through the website malfunction within the warranty period, they will be sent along with the invoice to the authorized service for repair, with the shipping cost borne by the BUYER. The fault inspection procedures will be carried out by the brand's fault inspection units, and a decision will be made accordingly. The fault inspection procedures take at least 21 business days (1 month) and may take up to 30 business days depending on the workload of the fault inspection unit. Upon receipt of the decision from the fault inspection unit, the BUYER will be contacted, and if the products/items are accepted as faulty, the BUYER will choose between obtaining the same product or a different one. If there is a price difference between the chosen product and the faulty product, no refund will be made for cheaper products, but if a more expensive product is chosen, the BUYER will be required to pay the price difference. Fault inspection procedures are not carried out for products/items sent without an invoice.
5.21. The parties agree that the records of the SELLER containing the BUYER's statement (these records will include phone conversations, internet records, etc.) will be considered as binding evidence for the parties.
ARTICLE 6 - RIGHT OF WITHDRAWAL
6.1. The BUYER may exercise the right of withdrawal without stating any reason and without paying any penalty within 30 (thirty) days from the delivery of the products/items to themselves or to the person/organization at the address they specify. To exercise the right of withdrawal, notification must be made to the SELLER within the same period via fax, e-mail, or customer service telephone numbers provided on the internet site, and the products/items must be unused and must be in a condition that can be resold by the SELLER in accordance with the provisions of Article 7 and the pre-information published on the website www.lucispirlanta.com, which is an integral part of this contract. In case of exercising this right, it is mandatory to return the original invoice related to the products/items sent to a third party or to the BUYER to the SELLER with the Cargo Delivery Report indicating that the products/items have been sent to the SELLER. The product packaging, box, and accessories must be returned undamaged and complete. Within 10 (ten) days following the notification of the withdrawal, the price of the products/items shall be refunded to the BUYER, and the products/items shall be returned within a period of 20 (twenty) days. If the original invoice is not sent, VAT and, if any, other legal obligations cannot be refunded to the BUYER. If there is a decrease in the value of the goods due to the fault of the BUYER or if the return becomes impossible, the BUYER shall be liable to compensate for the damages of the SELLER in proportion to the fault. The SELLER shall not be held responsible for any shortcomings on the part of the bank in the refund of the product price. If the products/items returned due to the right of withdrawal are sent through the contracted courier company Yurtiçi Kargo (any change in the contracted courier company will be notified via the website), the delivery fee shall be covered by the SELLER. If the BUYER sends the products/items through a different courier company, the delivery fee shall be covered by the BUYER, and in this case, the SELLER is not obliged to accept the delivery of the products/items. If the BUYER sends the products/items through a courier company other than the contracted one, the SELLER cannot make any claims, and the SELLER shall be liable to compensate for any damages arising from or to arise from this reason. If the products/items are not returned in the manner described and with the documents, the return process cannot be completed, and the products/items will be returned to the BUYER in the same condition they were sent to the SELLER, with cash on delivery. The SELLER shall not have any liability in this case.
6.2. In shipments to the Turkish Republic of Northern Cyprus (TRNC) and abroad, since VAT is not paid in the payments made by the BUYER within the scope of the order, the BUYER is responsible for paying all taxes of the products/items purchased during the customs clearance process. In the event that the products/items are not received from customs in any way, the BUYER does not have the right of withdrawal.
ARTICLE 7 - PRODUCTS/SERVICES IN WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Due to their nature, products such as disposable items, perishable goods with a risk of expiration, and all kinds of replicable software and programs cannot be returned. Additionally, for any kind of software and programs, as well as DVDs, DIVX, VCDs, CDs, MDs, videotapes, computer and stationery consumables (toner, cartridges, ribbons, etc.), all types of cosmetic products, innerwear, and personal care products, the right of withdrawal can only be exercised if the products are unopened, undamaged, untested, and unused. The consumer cannot exercise the right of withdrawal for goods produced according to their special requests and demands or personalized by modifications or additions.
ARTICLE 8 - DEFAULT AND LEGAL CONSEQUENCES
In case of default in transactions made by the BUYER with a credit card, the BUYER shall pay interest and be liable to the bank, in accordance with the credit card agreement concluded between the cardholder bank and the BUYER. In this case, the relevant bank may resort to legal remedies, may demand expenses and attorney's fees from the BUYER, and in any case, if the BUYER defaults on the debt, the BUYER agrees to compensate the SELLER for any losses and damages incurred due to the delayed performance of the debt.
ARTICLE 9 - COMPETENT COURT
In disputes arising from this contract, Consumer Arbitration Committees, up to the value announced by the Ministry of Industry and Commerce, are authorized for disputes below this value, and Consumer Courts at the place of purchase or residence of the BUYER are authorized for disputes exceeding this value. In places where there is no Consumer Court, Civil Courts of First Instance are authorized. Upon confirmation of the order, the BUYER shall be deemed to have accepted all the provisions of this contract. Information regarding the monetary limit is as follows:
Effective as of January 1, 2012:
* The lower monetary limit for decisions of consumer dispute arbitration committees specified in paragraphs 5 and 6 of Article 22 of Law No. 4077 on Consumer Protection, to be binding on upper or consumer courts or to be evidence in upper or consumer courts, is 1,161.67 TL.
* In the third paragraph of Article 5 of the Regulation on Consumer Dispute Arbitration Committees published in the Official Gazette of Turkey dated August 1, 2003, and numbered 25186, the lower monetary limit for provincial arbitration committees operating in metropolitan status cities to have jurisdiction over and be competent to resolve disputes is 3,032.65 TL. This Preliminary Information is provided for commercial purposes.
SELLER:
Altınkaynak Jewelry and Precious Metals Inc.
BUYER:
Date: