DISTANCE SALES AGREEMENT

ARTICLE 1. PARTIES

1.1 SELLER 
Commercial title:  Qen Özbek Alyans Kuyumculuk Ltd. Şti.
Kale Mah. Semt Uçanlar
Sok.No.: 1/1-12
Altındağ/Ankara
Phone: 0 (312) 311 32 32
E-Mail: info@qenalyans.com
Central Registration (MERSIS) No: 0667004571200019
 
1.2 BUYER 
First and Last Name: {ad_soyad}
Address: {fatura_adresi}
Phone: {telefon_numarası}
E-mail:  {eposta}
Date: {sipariş_tarihi}
Hereinafter referred to as the "BUYER"
 

ARTICLE 2. SUBJECT

The subject of this Agreement is to determine the rights and obligations of the parties regarding the product, which has been purchased online by the BUYER from the www.qenalyans.com (“Website”) that is owned by the SELLER, and the specifications and sales amount of which is presented below, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Sales Agreements. 
 

ARTICLE 3 - INFORMATION ON THE BASIC FEATURES, SALES PRICE, AND DELIVERY OF THE PRODUCT THAT IS THE SUBJECT OF THE AGREEMENT 

The Name, Quantity, Sales Price Including VAT and Delivery Information of the Products are as follows: 
 

ARTICLE 4 - GENERAL PROVISIONS

4.1 The BUYER declares that s/he has read and been acknowledged about the basic specifications, sales price including taxes and the payment method of the product that is the subject of this Agreement, the method of delivery, and that the expenses shall be covered by the SELLER unless otherwise specified, the delivery period, the full trade name, full address and contact information of the SELLER on the Website, that s/he has obtained accurate and complete information on the terms and conditions of the right of withdrawal, and that s/he has given the necessary consent in the electronic environment. 
The BUYER can convey his/her requests and complaints using the communication channels mentioned above. Complaints and requests will be answered by the customer services of the SELLER as soon as possible. 
By approving this Agreement in the electronic environment, the BUYER agrees that s/he has obtained accurate and complete information regarding the title, address, contact information, central registration system number, the basic features of the products ordered, the sales price of the products including all taxes, the payment and delivery information, the right of withdrawal, and the procedure and conditions regarding the use of the right of withdrawal, which must be provided to the BUYER by the SELLER before the conclusion of the Distance Agreements. 
4.2 The product subject to the Agreement shall be delivered to the BUYER or the person/organization at the address indicated within the period specified for each product in the preliminary information on the Website, depending on the distance of the BUYER’s place of residence, provided that it does not exceed 30 (Thirty) days from the date of order. 
4.3 If the product subject to the Agreement will be delivered to another person/institution other than the BUYER, the SELLER cannot be held responsible for the rejection of the delivery of the product by the person/institution to whom the delivery will be made.
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 product subject to the Agreement in a sound and complete form, and in accordance with the qualifications specified in the order.

4.6 In the event that there are errors in the price of the product, product description, product quality, etc. due to technical or material errors occurring during the sale of the product on the Website, the SELLER has the right to cancel the order and return the collected amounts to the BUYER in accordance with the provisions of the relevant legislation. 
4.7 Due to the fact that the products offered on the www.qenweddingrings.com website are handmade and the ring sizes ordered are different, there may be a difference of ± 10% in the product properties after production in terms of weight, length, width, etc. 
4.8 In the event that the SELLER fails to fulfill its obligations specified in the Agreement because the production of the product or fulfillment of the service subject to the order becomes impossible, the SELLER shall notify the BUYER in writing or with a permanent data storage, within three days from the date of learning of this situation, and shall return all the collected payments, including delivery costs, if any, within maximum fourteen days from the date of notification.
4.9 In case the fulfillment of the order and/or service becomes impossible at the end of the campaign period, the SELLER reserves the right to supply different products of equal quality and price, with the approval of the BUYER, in order to fulfill the contractual performance obligation.
4.10 In the event that 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, debit card, and/or other payment systems offered on the Website after the delivery of the product by unauthorized persons, without the fault of the BUYER, the BUYER is obliged to return the relevant product to the SELLER within 3 (Three) days, provided that it has been delivered to him/her. In this case, the delivery costs belong to the BUYER.
4.11 The SELLER is obliged to inform the BUYER if the SELLER is unable to deliver the product because of force Majeure or exceptional cases such as weather conditions or transportation outage within the due period. In this case, the BUYER has the right to cancel the order and terminate the Agreement. In case of termination of the Agreement, the SELLER is obliged to return all the payments collected, including delivery costs, if any, to the BUYER in cash and in full within 14 (Fourteen) days following the receipt of the termination notice.
4.12 According to the 4th paragraph of Article 16 of the Regulation on Distance Agreements No. 29188, which entered into force on 27.02.2015, in cases where it becomes impossible to fulfill the performance of the goods or services subject to the order, the consumer shall be notified in writing or a permanent data storage within three days from the date when the SELLER or the supplier learns about this situation and return all collected payments, including delivery costs, if any, within maximum fourteen days from the date of notification.
4.13 In cases where the BUYER uses his/her right of withdrawal, or in cases where the product subject to the order cannot be supplied for various reasons, or in cases where it is decided to refund the price to the BUYER with the decisions of the arbitration committee, the SELLER pays the price of the product to the Bank at once, if the shopping has been made with a credit card and in installments. The Bank refunds the BUYER in the same number of installments used by the BUYER during the purchase. In wire transfer/EFT or payment at the door options, the refund will be made in the form of wire transfer and EFT to the account specified by the Consumer (the account must be in the name of the person at the billing address or the name of the user member) by requesting bank account information from the Consumer.
4.14 The SELLER does not keep the stock of all the products offered for sale on www.qenweddingrings.com. The ordered products are produced when deemed necessary. However, for various reasons, it may not be possible to produce ordered products that are out of stock. All orders are subject to availability. Qen Alyans reserves the right to inform the customer about substitute products of similar or different categories and values that they can order when there is a supply shortage or the product is no longer in stock. In case the customer does not want to order replacement products, the SELLER returns the amount paid for the undesired replacement product to the BUYER. 
4.15 Persons under the age of 18 cannot make purchases from the SELLER. 
 

ARTICLE 5 – THE RIGHT OF WITHDRAWAL 

The BUYER has the right to withdraw from the Agreement within 14 (Fourteen) days without any reason.
According to Article 15 of the Distance Agreements Regulation, there is no right of withdrawal (right of cancellation and return) in orders for rings, depending on legal conditions, since the ring size is prepared specifically for the person. In addition, the SELLER has no right of withdrawal in all product groups, all personalized products, and wedding rings, and other products with inscriptions. In addition, all products and kulches produced according to the preferences of the BUYER are included in the products for which the right of withdrawal cannot be exercised.
The right of withdrawal begins on the day the Agreement is established in Agreements of Service Performance, and on the day received by the consumer or the third party delivered by the consumer in the Agreements related to the delivery of goods. However, the consumer may use the right of withdrawal starting from the establishment of the Agreement until the delivery of the goods.
In the determination of the period regarding the right of withdrawal, 
Delivery of the goods by the SELLER to the carrier is not considered as delivery to the consumer. 
The provisions of the right of withdrawal regarding the delivery of goods shall be applied in the Agreements where the delivery of goods and the performance of services are concluded together. Returned products using the right of withdrawal are submitted for expert review and the return control process begins. 
In order to exercise the right of withdrawal, the SELLER must be notified by phone or e-mail within 14 (Fourteen) days and the product must not be included in the provisions of Article 15 titled “Exceptions to the Right of Withdrawal” of the Regulation on Distance Agreements 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. In case this right is exercised, 
a) The original invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is a corporate invoice, it must be sent to the SELLER within 10 (Ten) days together with the return invoice issued by the institution when returning it. Order refunds issued on behalf of the institutions will not be completed unless the return invoice is issued.)
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 in full and undamaged form, together with their box, packaging, certificates, gift products, and accessories, if any, and gift certificates. In case any of these materials are not sent or are damaged even if because of 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 carrier stipulated within the scope of the right of withdrawal is Yurtici Kargo.
The product price is returned to the BUYER within 14 (fourteen) days following the receipt of the request for the right of withdrawal by the SELLER. 
 

ARTICLE 6 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED 

a) Agreements relating to goods prepared in line with the wishes or personal needs of the consumer. Therefore, when a special production is made in a color different from the metal color offered on the website at the request of the BUYER, or in special orders other than the ring size range, necklace, and bracelet size offered on the website, in marriage wedding rings with inscriptions, or when operations such as changes in ring size, necklace, bracelet size, and model are made in line with the request of the BUYER after the delivery to the BUYER, these goods specially produced in line with the special requests of the customer and perfumes with opened packages are included in the scope of products for which the right of withdrawal cannot be exercised. According to Article 15 of the Distance Agreements Regulation, there is no right of withdrawal (right of cancellation and return) in orders for rings, depending on legal conditions, since the ring size is prepared specifically for the person. However, there is no right of withdrawal also for wedding rings with inscriptions.
b) Agreements for goods or services whose price vary due to fluctuations in financial markets and which are not under the control of the SELLER or provider. 
c) Agreements for the delivery of goods which may be quickly degraded or that may expire. 
d) Agreements for the delivery of goods, which are not appropriate and to be returned in terms of health and hygiene, among the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery. 
e) Agreements for goods that, after delivery, are intermixed with other products and which are inherently impossible to be segregated. 
f) Agreements on books, digital content, and computer appliances provided in the material environment in case the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods. 
g) Agreements for the delivery of periodicals such as newspapers and magazines other than those provided under the subscription agreement. 
h) Agreements to be made at a specific date or period for accommodation, transport of goods, car rental, food and beverage supply, and the use of leisure time for fun or recreational purposes. 
i) Agreements relating to the nonmaterial goods delivered instantly to the customer and services that are executed instantly in the electronic environment. 
j) Agreements for services commenced with the consent of the consumer before the expiration of the right of withdrawal. 
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. All other costs such as the customs costs, extra transportation costs, etc. that may occur in the destination country will be borne by the person placing the order.
In the event that the products sent abroad do not reach the BUYER and are returned to the SELLER, the shipping cost will not be refunded to the owner of the order and will not be returned free of charge. 
If the customs processes of the BUYER’s order are not resolved, the product can be destroyed, detained, etc. within the customs practices of the relevant country. In such cases, the SELLER shall not be responsible and the order amount shall not be refunded. 
 
ARTICLE 7 - APPLICATIONS IN CASE OF DISPUTES 
If the BUYER has a complaint about his/her order and/or the product subject to his/her order, s/he can convey his complaints to the SELLER via the above-mentioned contact information. Complaint applications submitted will be recorded, evaluated by the authorized units, and tried to be resolved; and a response will be provided as soon as possible. In addition, the BUYER may apply to the arbitral tribunal or the consumer court for consumer problems in the place where s/he has purchased the goods or services within the monetary limits determined by the Republic of Turkey Ministry of Customs and Trade in December every year.  
Bakırköy Courts and Enforcement Offices are authorized to resolve disputes arising from the implementation of this Agreement.
 
SELLER:
Commercial Title: Qen Özbek Alyans Kuyumculuk Ltd. Şti.
Kale Mah. Semt Uçanlar
Sok.No.: 1/1-12
Altındağ/Ankara
Phone: 0 (312) 311 32 32
E-mail: info@qenalyans.com