Sales Agreement
By completing the membership process, all users are deemed to have read and accepted this Sales Agreement.
Sales Agreement
This is the Distance Sales Agreement between Mist Jewels and the Customer.
Article 1
The subject of this agreement covers the rights and obligations of the parties in connection with the sale and delivery, by the seller to the buyer, of the product whose characteristics and sale price are specified below — in accordance with the provisions of Turkish Consumer Protection Law No. 4077 and the Regulation on the Application Principles and Procedures of Distance Contracts.
Article 2
SELLER INFORMATION
Simoro Kuyumculuk San.ve Dış.Tic.Ltd.Şti.
Article 3
BUYER INFORMATION
All members: All buyers who become members and shop on the Mist Jewels e-commerce store (hereinafter referred to as the Buyer or Customer).
Article 4
SUBJECT OF THE AGREEMENT AND PRODUCT INFORMATION:
The type, quantity, brand/model, colour, unit number, sale price and method of payment of the goods/products or services are as stated on the website, and these undertakings may change without prior notice to the buyer.
Article 5
GENERAL PROVISIONS
5.1 - The BUYER declares that they have read and understood all the preliminary information regarding the essential characteristics, sale price, payment method and delivery of the product subject to this agreement as stated in Article 4, and has given the necessary confirmation electronically.
5.2 - Without exceeding the statutory 30-day period, the product subject to this agreement shall be delivered, within the period stated in the preliminary information for each product, to the buyer or to the person or organisation at the address indicated by the buyer, depending on the distance to the buyer's place of residence.
5.3 - If the product is to be delivered to a person or organisation other than the buyer, the SELLER cannot be held responsible if that person or organisation refuses to accept delivery.
5.4 " The SELLER is responsible for delivering the product subject to this agreement in sound, complete condition, consistent with the qualities specified in the order, together with any warranty documents and user manuals.
5.5 - For the product subject to this agreement to be delivered, this agreement must be confirmed electronically and the sale price must be paid via the payment method chosen by the buyer. If, for any reason, the product price is not paid or is cancelled in the bank's records, the SELLER shall be deemed released from the obligation to deliver the product.
5.6 - If, after delivery of the product, the buyer's credit card is used wrongfully or unlawfully by unauthorised persons through no fault of the buyer, and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER must return the product delivered to themselves or to the person or institution indicated in the sales agreement to the SELLER within 3 business days. In such a case, the return shipping costs are the buyer's responsibility.
5.7 - If the SELLER is unable to deliver the product subject to this agreement within the agreed time due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transport, the SELLER must notify the buyer of the situation. In this case, the buyer may exercise one of the following rights: cancellation of the order, replacement of the product with an equivalent if available, and/or postponement of delivery until the obstructing condition is resolved. If the buyer cancels the order, the SELLER shall, within 7 days, take the necessary steps with the relevant bank to cancel the credit card transaction and refund the amount to the buyer's account, with the transaction notified to the BUYER by email. In such cases, the SELLER cannot be held responsible for delays caused by the relevant bank.
5.8 - If products delivered to the BUYER and/or to the persons or organisations the BUYER has requested delivery to are found to be defective or damaged, the product(s) in question shall be sent to the SELLER within 7 days of receipt by the BUYER, so that the necessary repair or replacement can be carried out under the terms of the warranty; the shipping costs shall be covered by the SELLER. In such cases, once the 7-day period has elapsed, the BUYER is required to take the received product to its relevant service centre.
5.9 - This agreement enters into force after being confirmed electronically by the buyer (after completing membership) and reaching the address ................................
5.10 - Earrings purchased are non-returnable.
Article 6
RIGHT OF WITHDRAWAL:
The buyer has the right of withdrawal within seven (7) days from delivery of the product subject to this agreement to themselves or to the person/organisation at the indicated address. To exercise this right, notification must be sent to the SELLER within this period by fax or email, and the product must be unused and its packaging undamaged, in accordance with the provisions of Article 7. If this right is exercised, a copy of the courier delivery receipt showing that the product delivered to the third party or the Buyer was returned to the SELLER, together with the original sales invoice, must be returned. Within 7 days of receiving these documents, the SELLER shall take steps with the relevant bank to refund the product price to the BUYER's credit card account. The SELLER cannot be held responsible for any delays on the bank's side regarding the refund. If the original sales invoice is not returned, VAT and any other statutory charges will not be refunded. The shipping cost of the returned product due to the right of withdrawal belongs to the BUYER. In addition, the right of withdrawal cannot be exercised for products that by their nature cannot be returned, single-use products, reproducible software and programs, perishable or expired products. The exercise of the right of withdrawal for all kinds of software and programs, DVDs, VCDs, CDs and cassettes, computer and stationery consumables (toner, cartridge, ribbon, etc.) and all kinds of cosmetic products is conditional upon the product's packaging being unopened, undamaged, and the product unused.
Article 7
COMPETENT JURISDICTION:
For the implementation of this agreement, up to the value declared by the Ministry of Industry and Trade, the Consumer Arbitration Committees and the CONSUMER COURTS at the place of residence of the BUYER or the SELLER are competent. Upon electronic confirmation of the order, the BUYER is deemed to have accepted all provisions of this agreement.