DISTANCE SALES AGREEMENT

This Distance Sales Agreement (“Agreement”) has been drawn up in accordance with the Protection of Consumers Law numbered 6502 (“Law”) and the Distance Sales Regulation published in the Official Gazette numbered 29188 dated 27.11.2014 (“Regulation”) for sales conducted via the internet, and the provisions of the Agreement are as follows.

ARTICLE 1 – PARTIES

1.1 THE SELLER

Trade Name  : Baguette Jewellery Kuyumculuk Tekstil Sanayi ve Ticaret Anonim Şirketi

MERSIS No : 0129105695800001

Address : Harbiye Mah. Abdi İpekçi Cad. Birlik Apt. No: 10b Şişli/İstanbul

Tax No : Beyoğlu Tax Office / 1291056958

Telephone : +90 532 261 21 79

Email Address: shop@baguettejewellery.com

1.2 BUYER

Name, Surname:

Address:

Telephone number:

Email address:

ARTICLE 2 – SUBJECT MATTER

2.1 The subject matter of this Agreement is to set forth the rights and obligations of the parties regarding the sale and delivery of the product or products ordered by the BUYER from the website with the domain name tr.baguettejewellery.com (“Website”), which is owned by the SELLER, in accordance with the provisions of the Law and the relevant Regulation, and whose characteristics and sales price are specified in Article 3 of this Agreement. This Agreement has been drawn up in accordance with the Regulation of Electronic Commerce Law numbered 6563, Protection of Consumers Law numbered 6502, and the Distance Sales Regulation. With regard to the BUYER, who is not classified as a consumer under the relevant legislation, the relevant provisions of the Turkish Code of Obligations numbered 6098 and the Turkish Commercial Code numbered 6102 shall apply.

2.2 The prices listed and advertised on the Website are the selling prices. The advertised prices and offers remain valid until they are updated or amended.

2.3 The pre-contractual information form and the invoice displayed on the Website’s payment page form an integral part of this Agreement.

ARTICLE 3 – PRODUCT SUBJECT TO THE AGREEMENT 

The type and category of the products, their quantity, model, color, sale price, payment, invoice and delivery details are as set out below.

The product’s basic characteristics, such as its model and color, are listed on the SELLER’s Website. The BUYER may review the product’s specifications and images on the Website for as long as the product remains on sale.

The price listed below is the sale price of the product, inclusive of all taxes.

Product description  :

Product Price Including VAT  :

Quantity  :

Payment Method  : Cash/ Credit Card Single Payment/ Credit Card (Instalment options offered by the bank issuing the credit card used by the BUYER may apply.)/ Bank Transfer/EFT

Total Price (including VAT)  :

Delivery Method  : Delivery to address

*No delivery charge applies to domestic orders.

ARTICLE 4 – GENERAL PROVISIONS

4.1 The BUYER hereby confirms that they have read and are fully aware of all the preliminary information regarding the essential characteristics of the product or products subject to the Agreement as set out in Article 3, the sales price including taxes, the method of payment, the delivery period, the conditions relating to the right of withdrawal, and the SELLER’s full trade name, MERSIS number, full address, tax number and contact details, understands them, is aware of their rights and obligations, and that they accept, declare and undertake to comply with all clauses unconditionally and without reservation, and have provided the necessary confirmation electronically; they further accept and declare that this Agreement will not be sent to them in physical form.

4.2 This Agreement is intended solely for retail sale and end-user use.

4.3 The BUYER acknowledges that, by confirming the Agreement electronically, the SELLER has fulfilled its pre-contractual information obligation as set out in Article 5 of the Regulation, and that the BUYER has been informed in an accurate and complete manner of the information the SELLER is required to provide the BUYER prior to the conclusion of a distance agreement, namely the SELLER’s trade name, address, contact details, MERSIS number, the essential characteristics of the products ordered, the sale price of the products including all taxes, payment and delivery details, and the right of withdrawal together with the procedures and conditions for exercising that right.

4.4 The product or products subject to this Agreement shall be delivered to the BUYER or to the person/organization at the address indicated by the BUYER within the timeframe specified in the preliminary information, depending on the distance from the BUYER’s place of residence, provided that this does not exceed the statutory 30 (thirty) day period applicable from the date the order is received by the SELLER. In the case of an order prepared in accordance with the consumer’s request or personal needs, the production period is 12 (twelve) working days. In such cases, the delivery period may exceed 30 (thirty) days.

4.5 For domestic orders, the delivery charge shall be borne by the SELLER.

4.6 The SELLER is responsible for ensuring that the product subject to this Agreement is delivered in good condition, complete and in accordance with the specifications set out in the order.

4.7 Delivery of the product covered by this Agreement is conditional upon the Buyer’s acceptance of this Agreement and payment of the price using the Buyer’s preferred payment method. If, for any reason, the product price is not paid or is cancelled in the bank records, the Seller shall be deemed released from the obligation to deliver the product.

4.8 In order for the BUYER to make payment by credit card, they must complete the relevant section with their credit card details in full and accurately.

4.9 Orders will be prepared following receipt of payment by the SELLER. Should the relevant bank or financial institution fail to pay the product price on behalf of the SELLER due to the unauthorized, unjust or unlawful use of the BUYER’s credit card, debit card or other payment systems offered on the Website by unauthorized persons, through no fault of the BUYER, the BUYER must return the product to the SELLER’s contact address within 3 (three) days at the latest, provided that the product has been delivered to the BUYER. Similarly, should a payment made via bank transfer/EFT fail to reach the SELLER’s account, be reversed or cancelled for any reason, the BUYER is obliged to return the product to the SELLER’s contact address within 3 (three) days at the latest, provided that the product has been delivered to the BUYER. In such cases, all shipping costs shall be borne by the BUYER.

4.10 In the event that the product subject to the Agreement is out of stock, there are shipping restrictions for a specific product, or payment authorization cannot be obtained, the SELLER shall have the right not to deliver the product subject to the Agreement, provided that the SELLER notifies the BUYER of the situation and the total amount paid by the BUYER is refunded to the BUYER within 10 (ten) days at the latest.

4.11 Should the SELLER be unable to deliver the product covered by the Agreement within the stipulated timeframe due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transport or disruption to transport services, the SELLER is obliged to notify the BUYER of the situation within 3 (three) days. In such cases, the BUYER may request the cancellation of the order, the replacement of the product covered by the Agreement with an equivalent product (if available), and/or the postponement of the delivery period until the hindering circumstance has ceased. Should the BUYER cancel the order, the amount paid, including any delivery costs where applicable, shall be refunded to the relevant bank within 14 (fourteen) days at the latest.

4.12 Where delivery of the product covered by the Agreement becomes impossible, the SELLER is obliged to notify the BUYER within 3 (three) days of becoming aware of the situation and to refund all payments received, including any delivery costs, within 14 (fourteen) days of the date of notification at the latest.

4.13 This Agreement shall come into force upon acceptance by the BUYER. Where the order is confirmed electronically, the BUYER shall be deemed to have accepted all the terms of this Agreement.

4.14 Should the BUYER not be present at the delivery address specified above, fail to accept the product, or provide an incorrect address, the SELLER shall accept no liability; in such cases, the SELLER shall be deemed to have fulfilled its obligations in full and without deficiency.

4.15 If the product covered by this Agreement is to be delivered to a person or organization other than the BUYER, the SELLER shall not be held liable if the person or organization to whom the delivery is to be made refuses to accept the delivery, is not present at their address, or if any person acting on behalf of the BUYER at that organization accepts the delivery.

4.16 With respect to Articles 4.14 and 4.15, any and all losses arising from the BUYER’s delayed acceptance of the product, as well as any costs incurred due to the product having been held up as a result of the BUYER’s fault and/or its return due to the product not being deliverable, shall be borne by the BUYER.

4.17 The BUYER shall inspect the goods/services subject to the Agreement prior to acceptance and shall not accept from the courier company any product that is damaged or defective, such as being dented, broken or with torn packaging. Any person receiving the product is responsible for inspecting it at the time of delivery and, should they observe any issues arising from the delivery process, for refusing to accept the product and having the courier company representative draw up a report. Otherwise, the SELLER shall not accept any liability. Should no report be drawn up regarding damage to the product upon delivery, the product shall be deemed to be undamaged and in good condition.

4.18 Following the BUYER’s acceptance of this Agreement, the SELLER shall send this Agreement and the necessary information to the BUYER’s email address specified in this Agreement, and the BUYER may save and retain the contents of the email on their device.

4.19 The BUYER shall notify the SELLER of any relevant claims and complaints under this Agreement, either verbally or in writing, to the contact addresses specified in Article 1 of the Agreement.

ARTICLE 5 – RIGHT OF WITHDRAWAL

5.1 The BUYER shall have the right to withdraw from this Agreement within 15 (fifteen) days of the date of receipt of the product, without giving any reason and without paying any penalty. However, in agreements relating to the goods and/or services listed below, there is no right of withdrawal, even if the goods have not been used or enjoyed.

5.1.1 Products prepared or designed in accordance with the BUYER’s requests or personal needs, or which have been personalized, altered, or to which additions or removals have been made;

5.1.2 Products, primarily rings but including other items, which are prepared or manufactured according to personal measurements or otherwise produced or designed specifically for the BUYER,

5.1.3 Products to which the SELLER has made any alterations and/or additions to the original size, weight or design, as previously specified by the SELLER in accordance with the BUYER’s request,

5.1.4 Products for which protective elements such as packaging, tape, seals or wrappings have been opened after delivery, and which are unsuitable for return on health and hygiene grounds,

5.1.5 Products that cannot be resold,

5.1.6 Products made from white or rose gold and therefore classified as made-to-order items as mentioned above,

5.1.7 Services for which performance has commenced with the BUYER’s consent prior to the expiry of the withdrawal period.

5.2 In cases where the right of withdrawal may be exercised, the BUYER is legally liable for any changes or damage to the product arising from its use in a manner inconsistent with its operation, technical specifications and instructions for use during the withdrawal period.  In this context, if any changes or damage occur to the product due to its not being used in accordance with its operation, technical specifications and instructions for use during the period up to the date of withdrawal, the BUYER may lose their right of withdrawal.

5.3 The BUYER must clearly notify the SELLER of their right of withdrawal within the statutory 15 (fifteen) day period via the ‘Issue a Return’ tab on the SELLER’s website or by visiting one of the SELLER’s physical stores. Should this right be exercised within the specified timeframe, the product must be dispatched to the SELLER’s address specified in Article 1 of this Agreement within a maximum of 10 (ten) days. The contracted courier company for product returns will be notified by the SELLER following a notification made in accordance with this clause. The BUYER is obliged to send the product via the designated courier company notified to them. Provided that the right of withdrawal is exercised within the prescribed period and the product is shipped to the SELLER via the designated courier company, no charges will be levied on the BUYER. The SELLER accepts no liability for shipments made without using the designated courier company.

5.4 In the event of the right of withdrawal being exercised: the invoice for the product delivered to a third party or to the BUYER (If the original invoice is not sent, VAT and any other legal obligations cannot be refunded to the BUYER. If the invoice for the product to be returned is a corporate invoice, it must be sent together with the return invoice issued by the company at the time of return. Returns for orders with invoices issued in the name of a company cannot be completed unless the return invoice is issued.) must be sent to the SELLER, and the products to be returned must be delivered, in a complete and undamaged manner, together with their box, packaging and any standard accessories.

5.5 Without prejudice to the BUYER’s rights arising from this Agreement and the relevant legislation, and except in cases involving the delivery of defective goods, the BUYER’s request for a product exchange is subject to the SELLER’s discretion.

ARTICLE 6 – PROTECTION OF PERSONAL DATA

6.1 The BUYER may start a membership account on the Website in accordance with this Agreement, for which they must provide their first name, surname, contact details and similar information; such information is classified as ‘personal data’ under the Personal Data Protection Law numbered 6698 (“PDPL”). In addition, the SELLER collects payment details, such as bank card or credit card details, to collect payment for the product purchased by the BUYER (excluding the BUYER’s first name, surname and contact details), as well as the BUYER’s first name, surname, address and telephone number to deliver the product. The SELLER collects and transfers personal data in this manner for the purpose of performing the services specified in the Agreement; detailed information regarding this is set out in the Customer Information Notice.

6.2 The SELLER hereby accepts, declares and undertakes to process the personal data collected from the BUYER in a manner consistent with the purpose of this Agreement, in a manner related to and limited to the purpose for which it is processed; to retain such data indefinitely or for a specified period; and, upon the SELLER’s request, to delete, destroy or anonymize the personal data should the reasons necessitating its processing cease to exist.

ARTICLE 7 – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All elements of the Website, including but not limited to its design, text, images, HTML code and other codes (including any works for which the SELLER holds rights and/or is the copyright holder), as well as all content, trademarks, logos, know-how and all rights arising from applicable legislation, are the property of the SELLER or are used by the SELLER under licence. The BUYER may not copy, modify, display on another website, share, disseminate for any purpose, record, reproduce, process, distribute, market, rent, sell, make available to third parties in any way for their access or use, and/or transmit to third parties the text, images, and all types of visual, audio, and/or audiovisual elements, user interfaces, etc., in short, the content in whole and/or in part, and/or the intellectual and industrial property belonging to the SELLER and/or third parties on the Website. The BUYER hereby acknowledges, declares and undertakes that, without limitation to the foregoing, they shall not use the content in a manner that causes material or moral harm to the Website and/or the SELLER, or to the persons who are the rights holders and/or copyright holders of the content in accordance with applicable legislation, or to any third party, and/or in contravention of applicable legislation, nor shall they permit such use.

ARTICLE 8 – MISCELLANEOUS

8.1 The BUYER may not assign or transfer its rights and/or obligations arising from this Agreement to third parties. The SELLER may assign or transfer its rights and/or obligations under this Agreement, in whole or in part, to its affiliates.

8.2 Should any provision of this Agreement be held to be invalid or contrary to law, this shall not render the remaining provisions of the Agreement invalid, and likewise, shall not affect the applicability of the provisions deemed invalid or unenforceable to other persons or circumstances where their application is possible. Should any provision of this Agreement be so invalidated or rendered void, the remaining provisions of this Agreement shall remain valid and enforceable to the extent permitted by law.

8.3 The BUYER shall make all notifications under this Agreement in writing via the communication channels specified in Article 1 of this Agreement. Notifications to be made by the SELLER under this Agreement shall be sent to the email address and/or registered mobile telephone number provided by the BUYER to the SELLER.

ARTICLE 9 – COMPETENT COURT

9.1 Should the BUYER have any complaint regarding their order and/or the product subject to the order and/or any matter relating to the order, they may submit such complaints to the SELLER via the contact details specified above. Submitted complaints will be recorded, assessed by the relevant departments, and efforts will be made to resolve them, with a response provided as soon as possible. Furthermore, the BUYER may submit their complaints and objections to the consumer disputes arbitration board in the location where they purchased the goods or services or where they are resident, within the monetary limits determined each year in December by the Ministry of Trade of the Republic of Türkiye, or to the consumer court, provided that they have first applied to a mediator in accordance with Article 73/A of the Law prior to bringing legal proceedings.

9.2 Upon completion of the order, the BUYER shall be deemed to have accepted all the terms of this Agreement.

9.3 The BUYER confirms that they have read all the explanations and conditions set out in this Agreement and in the pre-contractual information form, which forms an integral part thereof, including the essential characteristics and qualities of the product sold, the service fee, the method of payment, the SELLER and all other preliminary information regarding the product have been clearly set out, and that they have been previously informed of all matters set out in this Agreement, including the right of withdrawal, personal data and electronic communications; they further acknowledge and declare that they have viewed and approved all of these in full via electronic means.