Distant Sales Agreement

ARTICLE 1.PARTIES

1.1 SELLER 

Company name:

ÇELEBİ Kıy.Taş.Tur.Paz.İth.İhr.San. ve Tic.Ltd.Şti.

Barbaros Mahallesi, Tunali Hilmi Caddesi Kugulu Iş Merkezi B Blok No:123/143 06680 Çankaya / Ankara 

Telephone: +90 312 426 28 92

E-Mail Address: info@chelebi.com.tr

1.2 BUYER 

Name Surname:

Address: 

Telephone: 

It will be hereinafter called as “BUYER”.

ARTICLE 2.SUBJECT

The subject of this contract is to determine the rights and liabilities of the parties according to Law on Protection of Consumers with number 6502 and Distant Sales Regulation about the sale and delivery of the product of which specifications and price are specified below and which BUYER has ordered in electronic media from website www.chelebi.com.tr (”Website”) of SELLER.

ARTICLE 3 – INFORMATION ABOUT THE MAIN FEATURES, SALES PRICE AND DELIVERY OF PRODUCTS STATED IN THE CONTRACT  

Name, Amount, VAT included Sale Price and Delivery Information of the product are as follows.

ARTICLE 4 – GENERAL PROVISIONS

4.1 BUYER declares that he/she has read the preliminary information related to Seller’s full company name, clear address and communication information and is informed accurately and fully about main features, sale price including all taxes and payment method and delivery and the fact that the expenses will be paid by buyer unless otherwise stated, and the period of delivery, and the conditions of using right of withdrawal, and made the required confirmation in electronic media.

BUYER can convey his/ her requests and complaints by using communication methods stated above. Seller customer services will reply to complaints and requests as soon as possible.

Buyer confirms that, by approving this contract on electronic media, he/she is accurately and fully informed about company name, address, communication information, MERSIS number which must be provided by Seller, the price of products including all taxes, payment and delivery information, right of withdrawal and method and conditions of using right of withdrawal, main features about the ordered product before drawing up the contract.

4.2 The product as the subject of agreement is delivered to Buyer or person/organization stated by buyer in the indicated address within the period mentioned in preliminary information in Website due to the distance of Buyer’s residence for each product on the condition that not exceeding 30 (Thirty) days beginning from the order date.

4.3 If the product will be delivered to a person/organization other than Buyer, SELLER cannot be held liable from rejection of delivery by the aforementioned person/organization.

4.4 SELLER cannot be held liable from not delivering the ordered product to BUYER due to any kind of problems which cargo company experiences during the stage of product delivery to Buyer.

4.5 Seller is liable to deliver the product in full and sound condition and according to features stated in the order.

4.6 If there is any error in the specifications of the product such as product price, product explanation, product feature etc. due to technical errors or material errors in the stage of presenting the product over website, Seller is entitled to cancel the order and return the collected amounts to Buyer according to the related provisions of legislation.

4.7 Since the products presented in www.chelebi.com.tr is handmade and there is a difference in the sizes of the ordered rings, there may be a ± %10 difference in weight, length, width etc. specifications after production.

4.8 If the Seller cannot fulfill its liabilities because the performance of the aforementioned service or product has become impossible, Seller notifies Buyer about this situation in written or via permanent data storage device within three days beginning from the day that the situation has occurred and returns all of the collected payments, including delivery costs, within maximum fourteen days beginning from the date of notification.

4.9 If it has become impossible for the Seller to fulfill the order and/or service at the end of campaign period, Seller reserves its right to supply a product in the equal quality and with different price with the approval of Buyer to implement its liability arising from the agreement.

4.10 If the related bank or finance organization does not pay the sale price to Seller due to unjust and illegal use of credit card, bank card of Buyer and/or other payment systems presented in the website by unauthorized parties after the delivery of the product in a way not arising from the omission of Buyer, Buyer must return the related product within 3 (three) days to Seller, provided that the buyer has received the product. In this case, shipment costs will be paid by Buyer.

4.11 If SELLER cannot deliver the aforementioned product within the specified period due to extraordinary events such as adverse weather conditions, interruption of transportation preventing the shipment or force majeure, SELLER is liable to notify BUYER about the situation. In this case, BUYER has the right to cancel the order and terminate the agreement. If the agreement is terminated, SELLER is liable to return all payments collected including delivery costs, if any, to BUYER in cash and at once within 14 (fourteen) days beginning from the notification of termination is delivered to them.

4.12 According to Article 16, Clause 4 of Distant Sales Regulation with number 29188 which has entered into force on 27.02.2015, in the event of the implementation of goods or services have become impossible, seller or supplier must notify buyer about the situation within three days beginning from the date the situation has been learned in written or via permanent data storage device and return all payments collected including delivery costs, if any, to buyer within fourteen days at the latest beginning from the date of notification.

4.13 If BUYER uses right of withdrawal or the product of the order cannot be supplied due to various reasons or it is decided by arbitration board that a refund to be made to BUYER, and if the shopping was made via credit card and in installments, the SELLER pays the product price to Bank at once. Bank makes the payment to BUYER in the same installment amount that BUYER has determined before. In the options of transfer/EFT or cash on delivery, the refund will be to the account stated by Consumer (the account must be in the name of person included in the address on the invoice or in the name of user member) as transfer and EFT by requesting bank account information from Consumer.

ARTICLE 5 – RIGHT OF WITHDRAWAL 

BUYER has the right to withdraw from the agreement within 14 (fourteen) days without paying any penalty or indicating any reason.

The period of right of withdrawal starts on the day that the agreement is established in the contracts about performance of a service; on the day that the goods is received by consumer or a third person stated by consumer in the contracts about delivery of goods. However, consumer can use his/her right of withdrawal within the period from the establishment of contract until the delivery of the goods.

When determining the period of right of withdrawal;

The delivery of the product by seller to transporter is not accepted as delivery to consumer.

In contracts where delivery of goods is implemented together with the fulfillment of services, provisions of right of withdrawal on goods delivery are applied. 

To use right of withdrawal, a notification must be made to SELLER via e-mail or telephone within 14 (fourteen) days and the product must not be within the scope of article 15 with the title “Exceptions of Right of Withdrawal” of Distant Sales Regulation published in Official Gazette on 27.11.2014 and must have the characteristic of being offered for sale again by SELLER. If this right is used:

a) The invoice of the product which has been delivered to a third party of BUYER (if the invoice is issued by a corporate, when it is returned, it must be sent to SELLER within 10 (Ten) days with return invoice issued by the organization. Order returns with the invoices in the name of organizations shall not be completed unless RETURN INVOICE is charged)

b) Beginning from the notification on using right of withdrawal, the package, box, certificates, gift products and accessories of the product, if any, gift tokens must be returned to SELLER in full and without damage within 10 (ten) days. If any of these materials is not sent or is damaged even due to transportation company, the price of the material will be deducted from the return cost and return transaction is completed. BUYER must learn which method to follow for these procedures with SELLER by contacting them via aforementioned communication information.

The transporter stated within the scope of right of withdrawal is Yurtiçi Kargo.

Product fee is returned to BUYER within 14 (fourteen) days following the request of right of withdrawal arrives. 

ARTICLE 6 – PRODUCTS WITH WHICH RIGHT OF WITHDRAWAL SHALL NOT BE USED  

a) Agreements related to the goods prepared in accordance with te customer’s requests or personal needs. Thus, when a custom production is made special to the person in a color different than the metal color presented in the website upon the request of BUYER or in the special orders given other than the ring size, necklace and wristband length presented at the website or when some changes are implemented in ring size, necklace, wristband length and model in accordance with the request of BUYER after the product is delivered to BUYER, these custom made products in the direction of customer’s request are included in the scope of products with which right of withdrawal cannot be used.

b) Agreements related to goods and services not under the control of SELLER or supplier and the ones changes due to fluctuations in financial markets.

c) Agreements about the delivery of quickly deteriorating goods or the ones with close date of expiry.

d) From the goods with opened protective elements such as package, tape, seal, pack after delivery; the agreements about the goods of which return is not appropriate due to health and hygiene.

e) Agreements about the goods which are mixed with other products and not possible to separate due to its nature after delivery.

f) Agreements related to book, digital content and computer consumable materials presented in material environment if their protective elements such as package, tape, seal, pack are opened after the delivery.

g) Agreements related to delivery of periodical publication such as gazette and magazine, except the ones provided within subscription agreement.

h) )Agreements related to making use of one’s spare time for the purpose of accommodation, goods transportation, car rental, catering and entertainment or resting required to be made on a specific date or in a specific period. 

i) Agreements related to incorporeal properties delivered to consumer in an instant or services implemented in an instant in electronic media.

j) Agreements related to services of which implementation has started upon the approval of consumer before the end of right of withdrawal period.

ARTICLE 7 – APPLICATIONS ABOUT CONFLICTS BUYER 

can convey his/her complaints to SELLER via the contact information stated above, if he/she has any complaints about the order and/or the product in the order and/or any subject regarding the order. Conveyed complaint applications will be recorded and authorized departments will try to solve them and return as soon as possible. Also, BUYER can apply for his/her complaints and objections to Arbitration Committee For Consumer Problems or Consumer Court of the location where he/she resides or purchased the goods or service within the monetary limitations stated in each December every year by R.T. Ministry of Customs and Trade.

SELLER 

Company name:

ÇELEBİ Kıy.Taş.Tur.Paz.İth.İhr.San. ve Tic.Ltd.Şti.

Barbaros Mahallesi, Tunali Hilmi Caddesi Kugulu Iş Merkezi B Blok No:123/143 06680 Çankaya / Ankara 

Telephone: +90 312 426 28 92

E-Mail Address: info@chelebi.com.tr

BUYER: 

Address: 

Date: