DISTANCE SALES CONTRACT

1. PARTIES

A. SELLER :

Title : BESİGN JEWELLERY

Address : ŞEMSİPAŞA MAH. 28.SK NO:7 INNER DOOR NO:10

  GAZİOSMANPAŞA İSTANBUL
Telephone :
website : www.besignjewellery.com

1. BUYER :

Name/Surname/Title : Users and subscribers who purchase products on the site
Address : Address to be notified by the buyer
Phone : Phone number to be provided by the buyer
E-mail : The e-mail address to be provided by the recipient

2. SUBJECT OF THE CONTRACT

The subject of this contract is the Law No. 4077 on the Protection of Consumers and the Law on Distance Contracts regarding the sale and delivery of the product with the qualifications mentioned in the contract and the sales price specified, which the BUYER ordered electronically from the SELLER's website www.besignjewellery.com. It is the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation.

Buyer, seller's name, title, full address, telephone and other access information, basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, etc. All preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to exercise this right, etc. He accepts and declares that he has been informed by the seller in a clear, understandable manner and in accordance with the internet environment, confirmed this preliminary information electronically and subsequently ordered the goods, in accordance with the provisions of this contract.

3. 
   CONTRACT SUBJECT PRODUCT, PRODUCT PRICE AND PAYMENT METHOD

 

The type and type, quantity, brand/model, color, sales price and delivery information of the product subject to the contract are listed below, and this information will also be written on the invoice, which is considered an integral part of the contract. The buyer is not responsible for price and content errors caused by typesetting and system errors. The seller reserves the right to cancel orders whose prices are shown incorrectly on www.besignjewellery.com.

 

Name of the Product : Separate information will be written for each product.

 

Product Code : Separate information will be written for each product.

 

Quantity of Product : Separate information will be written for each product.

 

Weight of the Product : Separate information will be written for each product.

 

Price of the product including VAT : Separate information will be written for each product.

 

Payment Method : Separate information will be written for each product.

 

Billing Address : Separate information will be written for each product.

 

Recipient's Name/Title on the Invoice: Separate information will be written for each product.

4.GENERAL PROVISIONS

1. BUYER declares that he/she has read and informed the preliminary information regarding the basic characteristics of the product subject to the contract, the sales price and payment method and delivery on the website and has given the necessary confirmation electronically. The product subject to the contract ordered by the BUYER from the website will be delivered to the BUYER at the delivery address written above, or as stated by the BUYER in the order, via cargo, depending on the stock status, for a period not exceeding 15 days for each product ordered, depending on the distance of the delivery address notified by the BUYER. It is delivered to the person by hand.

1. The SELLER cannot be held responsible for the cargo company not being able to deliver the product on time and/or not being able to deliver it at all due to any problems experienced, not being at the BUYER's address at the time of delivery, or if the products are to be delivered to someone other than the BUYER, the delivery cannot be made due to the refusal of the person to be delivered. Any damages arising from the BUYER's late receipt of the product and the expenses incurred due to the product being kept in the cargo company and/or returning the cargo to the SELLER will be borne by the BUYER.

1. The BUYER will inspect the product subject to the contract before receiving it for dents, breaks, torn packaging, etc. The damaged or defective product will not be delivered from the cargo company. The product received by the BUYER without a report from the Cargo company will be deemed to be undamaged and intact.

1. SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, and information and documents required for the job, and to perform the job within the principles of accuracy and honesty, free from any defects, in accordance with the requirements of legal legislation, in accordance with the standards. accepts, declares and undertakes to maintain and improve the service quality, to show the necessary care and attention during the performance of the work, and to act with prudence and foresight.

1. BUYER accepts that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and that if the price of the product subject to the contract is not paid for any reason and/or is canceled in the records of the bank or financial institution, the SELLER's obligation to deliver the product subject to the contract will end. declares and undertakes. BUYER accepts, declares and undertakes that the SELLER has no liability for payments made to the SELLER by the bank and/or financial institution, but for which a failure code was sent by the bank and/or financial institution for any reason.

1. If the price of the product subject to the Contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized persons after the delivery of the Product subject to the Contract to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER shall He/she accepts, declares and undertakes that he/she will return the product in question to the SELLER within 3 days, at the shipping expense of the SELLER.

1. BUYER declares and undertakes that the personal and other information provided while subscribing to the SELLER's website is accurate, and that the SELLER will compensate all damages that the SELLER may incur due to the untruth of this information, immediately, in cash and in lump sum, upon the first notification of the SELLER.
2. BUYER accepts and undertakes to comply with the legal regulations and not to violate them while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise will be entirely and exclusively binding on the BUYER.

1. The BUYER, who violates one or more of the articles listed in this Agreement, will be personally and criminally and legally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Moreover; If the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the BUYER for non-compliance with the Agreement.

5. RIGHT OF WITHDRAWAL, RETURN AND REFUND SHIPPING POLICY

 

1. BUYER may exercise his right of withdrawal without giving any reason and without paying any penalty within 14 days from the delivery of the product subject to the contract to himself or to the person/organization at the address indicated. For returns made within 14 days, your refund will be made in full and without interruption.

1. Withdrawal notification may be notified to the SELLER by e-mail or via the permanent data recorder notified on the website within the withdrawal period. If the BUYER is given the opportunity to notify the right of withdrawal via the website, the SELLER must immediately convey to the BUYER the confirmation information that the withdrawal request has been received.

1. However, promotional and discounted products cannot be returned or exchanged.

1. In case the right of withdrawal is exercised; BUYER is obliged to send the product, product invoice and cargo delivery report to the SELLER within ten (10) days from the date of notification that he/she has exercised the right of withdrawal. The product to be returned must be unused, its packaging and box must be undamaged, its label and protective tapes must not be removed, and it must be reusable by the SELLER. The BUYER will not be responsible for any changes or deteriorations that occur if the product is used in accordance with its operation, technical specifications and usage instructions within the withdrawal period. In order for products to be eligible for return, they must be in the same condition they were received.

1. When the product for which the right of withdrawal has been exercised arrives at the SELLER, if it is determined that the product has been returned in accordance with the terms of the contract as a result of the examination, the product price will be returned to the BUYER within 10 (ten) days. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the BUYER. The SELLER cannot be held responsible for any problems on the bank's part in the refund of the product price. If the BUYER purchased the product by credit card and in installments, the product price will be refunded to the BUYER by the bank in line with the BUYER's agreement with the bank.

1. BUYER can initiate the return process by sending an e-mail to info@besignjewellery.com. After the return process is completed and approved by the SELLER, the BUYER is contacted for details regarding the process.

1. If the product for which the right of withdrawal is exercised is sent by the contracted company YURTİÇİ KARGO, the delivery fee is covered by the SELLER. If the product is sent by another cargo or by another means, the delivery fee will be covered by the BUYER, and the SELLER has no obligation to receive the product sent with a counter payment. Moreover; The SELLER will not be held responsible for the products not sent by the contracted cargo company, and the BUYER will be responsible for covering any damage the SELLER may incur as a result.

1. If the product is not returned as described in the contract and with the relevant documents, the SELLER will not accept the product and will send it back to the BUYER with a counter payment.

1. It is not possible to return products purchased within the scope of customizable and special campaigns. After receiving the returned product, you will be contacted regarding the approval status of the return following the necessary inspections.

1. Returns of products that are disposable in nature, products produced in accordance with the BUYER's special requests and demands, or products that have been personalized by making changes or additions are not accepted. Therefore, the right of withdrawal cannot be exercised for such products.

 

6. NOTIFICATION OF COMPLAINT

 

1. BUYER may forward his/her complaints regarding his order, the product subject to his order and/or the contract to the SELLER via the contact information specified above. Complaints submitted will be recorded, evaluated and resolved by authorized units, and feedback will be provided as soon as possible.

7. FORCE MAJEURE

 

1. Circumstances such as war, natural disasters, strikes, lockouts, and changes in legislation that prevent the parties from partially or completely fulfilling their obligations under the contract will be considered force majeure. The party exposed to force majeure will immediately inform the other party in writing and will not be held responsible for not fulfilling its obligations under the contract as long as the force majeure continues. If the force majeure situation continues for more than 30 days, each party has the right to terminate the contract.

 

8. NOTIFICATION AND NOTIFICATION ADDRESS

 

1. Any notifications to be made to the BUYER regarding this contract will be made to the BUYER's e-mail address written in the contract. E-mails coming from addresses other than the BUYER's e-mail address written in this contract will not be taken into consideration by the SELLER.

TERMS OF SERVICE

TERMS OF USE

All rights of the www.besignjewelry.com website belong to BUSRA ESKİZEYBEK (BESİGN JEWELLERY), and this document has been prepared to inform users about the terms of use. BESİGN JEWELLERY has the right to change and republish the Terms of Use at any time.

Before using the website, please read the conditions written below. By visiting this website, the Buyer (referred to as USER in the following articles) will be deemed to have read and accepted the provisions of these Terms of Use.

1. The user bears all legal and criminal liability for every transaction and action he makes within the website. The user uses the website in accordance with all applicable national and international legislation, rules and laws regarding internet use; It accepts, declares and undertakes that it will not use it for purposes other than its intended purpose for an unlawful, fraudulent or improper reason, that it will not participate in any such action, and that it will not act in a way that violates this agreement.

1. The user cannot take action or interfere with the operation of the website or its suppliers' sites, goods or services, content, software, encryption system and data in any way that may damage, prevent access, overload or damage it.

1. The user cannot use the applications or services on the website in a way that prevents other users from using them.

1. All information and content shared by the user through the website are the property of the user, and all responsibility for this information belongs to that person.

1. The user agrees to receive our services in accordance with the instructions and information specified on our website, that he has read and understood these instructions, and that he will not demand compensation or any other claim from BESİGN JEWELLERY in case he does not comply with these instructions or cannot receive the service due to reasons arising from the software and hardware he is using. , declares and undertakes.

1. BESİGN JEWELLERY is not obliged or responsible to investigate the accuracy of the information and content uploaded, changed and provided by the user to the website, and to undertake and guarantee that this information and content is safe, accurate and lawful.

1. In any publications, comments or articles shared in forums using the www.besignjewellery.com website; Any application that contains hateful, threatening, pornographic content, obscene visuals or violence, contains alcohol or adult content (including advertisements) cannot be developed and/or installed and/or run. This website may not be used for any unlawful, misleading, malicious or discriminatory purpose.

1. In your comments that you will publish on the www.besignjewellery.com website; Slanderous, defamatory, defamatory and illegal content or sentences cannot be used. Statements that are contrary to general morality, that offend personal rights, that exceed the limit of criticism, or that humiliate third parties; Comments containing profanity, obscene words and racist expressions cannot be used. Personal information, identity, phone number, e-mail address, etc. of our other users. Revealing comments cannot be made.

1. All content provided through the www.besignjewellery.com website is for personal use only. All rights of the website arising from the legislation regarding the Law on Intellectual and Artistic Works belong to BESİGN JEWELLERY . All software, text, articles, photographs, pictures, documents, sounds, signs, videos and similar works contained in the website are protected within the framework of the legislation regarding intellectual products. None of the content on the website can be used without the written permission of BESİGN JEWELLERY . These contents cannot be copied in any way or using any technology for any purpose; It cannot be reproduced, modified, improved, used or distributed without notice or permission.

1. BESİGN JEWELLERY reserves the right to change the information, forms, contents and terms of use contained or to be included in this website at any time, without prior notice.

1. BESİGN JEWELLERY's Terms of Use, which are an integral part of the "Membership Agreement" made with our members who will benefit from its services, are made available to all users on our website.

1. For any other questions regarding the Terms of Use, you can contact us at info@besignjewellery.com.

 

9.SHIPPING POLICY

A. SHIPPING TIME

1. We make our shipments from our office in Istanbul, our warehouse or all our relevant dealers within the borders of Turkey, depending on variable conditions.
2. Orders placed are delivered to cargo within 5 business days.

B.STOCK INFORMATION

1. Products with an active “Buy” button are in stock or available for supply. In case of rare stock problems, you will be contacted via your contact numbers or e-mail. Completely fill your informations for us to reach you.

C.ORDER CANCELLATION PROCESS

1. BESİGN JEWELLERY reserves the right to cancel the sale if the products it does not keep in stock cannot be supplied.
2. If this situation occurs for some products in the basket; Account information is received from the customer and the difference is refunded within 7 business days following the receipt of the information.
3. If the payment was made by credit card, the refund will be made to the credit card. BESİGN JEWELLERY cannot be held responsible for any delays that may arise from bank transactions.
4. Generally, refunds are reflected on credit cards within 3-10 days due to interbank clearing. BESİGN JEWELLERY is not responsible for any problems that may occur as a result of disruptions caused by the bank.

D. ENTERING THE CORRECT DELIVERY ADDRESS

1. In order for your order to reach you as quickly as possible, please write your address information as clearly as possible. For security reasons, deliveries are not made with notice from the courier. Additional shipping costs may be charged for returning and resending the shipment due to incorrect address information.

E. INCORRECT ORDERS AND DAMAGED CARGO

1. Open the package you received from the cargo in the presence of the cargo officer and check your order. If you see any errors or omissions, please contact us immediately.
2. Do not accept faulty or problematic cargo or product. We will take necessary action for damaged products that you notify us within 2 hours after receiving your cargo.
3. Open the package you received from the cargo in the presence of the cargo officer and check your order. If there is a problem with your product during transportation, return it by submitting a "damage assessment report" to the cargo officer.

10.PRIVACY STATEMENT

This Privacy Statement; personal information of consumers, customers, suppliers, dealers, visitors and business partners (“Data Subjects”), ŞEMSİPAŞA MAH. It is valid for processing by www.besignjewellery.com located at the tax address of 28.SK NO:7 İÇ KAPI NO:10 GAZİOSMANPAŞA İSTANBUL . This Privacy Statement does not apply to business-related information and/or information related to legal entities.

BUYER'S personal information will be processed when he does business with the SELLER, uses the website or interacts with the SELLER.

1. Since the parties have entered into a commercial relationship and will exchange information verbally or in writing for the purposes of the business relationship they have established, they have agreed to sign this confidentiality agreement.

DEFINITION OF CONFIDENTIAL INFORMATION

Any information, invention, work, method, progress, patent, copyright, trademark, any other innovation, even if not subject to commercial protection, disclosed to one of the parties themselves, their workers, agents or employees, and any other innovations, even if they are not subject to commercial protection, and any written or verbal means during the commercial relationship between the parties. All commercial financial technical information, subscriptions, subscription information and conversation information they will learn are considered confidential information.

1. The parties are obliged to disclose confidential information to each other to the extent necessary. Each party declares and undertakes that they cannot be held responsible for any incomplete or inaccurate information disclosed to them by the other party.
2. The parties declare and undertake to protect this information in the strictest confidence. This information cannot be used directly outside of commercial relationships.

1. Information that is publicly available and information that must be disclosed by law are not included in this limitation. Disclosure of this information will not pose a problem.

1. Each party has the exclusive right to confidential information regarding themselves.

1. Each party is obliged to immediately notify the other party in writing when it becomes aware that the other party's confidential information has been disclosed in violation of the contract by the persons for whom it is responsible.

1. The party who discloses confidential information in violation of the contract is obliged to cover all damages of the other party that may arise as a result.

1. In the interpretation of this contract and all disputes that may arise due to this contract, Istanbul Courts are competent and Turkish Law will be applied.

1. If any of the articles of this contract is canceled or deemed invalid, this will not affect the other articles of the contract.

11. PROTECTION OF PERSONAL INFORMATION

1. To respond to requested product and service offers, to manage these orders if these offers turn into orders, to execute the contracts to which we are a party, to serve the user, to enter into commercial relations, to carry out accounting transactions including invoicing and collection, to deliver orders to the BUYER (USER). , in order to complete the customs clearance procedures, manage the guarantees we offer and you, and carry out the inspections carried out in the workplace,

1. Personal information is processed as it is necessary to respond to the user's requests for offers and to offer products and services. These services cannot be offered and the contract cannot be executed without providing the necessary information.

1. USER(BUYER); Address and e-mail address, name and surname, TR ID number, job title, telephone number, information in your contract, debit - receivable, collection and payment, bank account number and details of correspondence with the SELLER are processed.

1. BUYER'S name, surname, job title, address and e-mail address, payment information, order history and correspondence with the SELLER are processed.

1. For the purpose of carrying out business processes and internal management, personal information is processed in the execution and organization of business, especially in the processes related to the production of your orders. This scope also includes general management, order management and asset management. SELLER also processes USER's (BUYER's) personal information for internal management purposes.

12. STORAGE PERIOD OF PERSONAL INFORMATION

1. a.SELLER retains the personal information of Data Subjects only for the period necessary to fulfill the relevant transaction, to the extent reasonably necessary to meet a legal criterion or within the framework of an applicable statute of limitations.
2. Immediately after the relevant retention period expires, the Information;

will be securely deleted or destroyed,

is anonymised,

It is archived.

13. RIGHT TO ACCESS PERSONAL INFORMATION

SELLER and its employees are authorized to access personal information only for the relevant purpose and to the extent necessary to perform their duties. Again, the SELLER may share personal data with third parties from whom we receive service in order to provide service to the BUYER.

1. SELLER may access BUYER's personal information when necessary to supply products or services: official institutions, banks, insurance companies, information technology suppliers, our financial and legal advisors and suppliers.

1. When third parties are granted access to the BUYER's personal information, the SELLER will take all necessary contractual, technical and organizational measures to ensure that personal information is processed only to the extent necessary for the relevant purpose. Personal information will be processed by third parties only in accordance with applicable laws. Except for what is stated here, your personal information will not be transmitted to third parties unless there is a legal obligation.

1. Personal information is subject to accidental or unlawful destruction or accidental loss, damage, alteration, unauthorized disclosure or access, as well as any other unlawful processing (including the collection of unnecessary information) or excessive processing. We have implemented all kinds of technical, physical and institutional measures to protect against

14. HOW THE BUYER USE THEIR PRIVACY RIGHTS

They have the following rights regarding their personal data:

1. a) Learning whether personal data is processed or not,
2. b) Requesting information if personal data has been processed,
3. c) Learning the purpose of processing personal data and whether they are used for their intended purpose,

ç) Knowing the third parties to whom personal data is transferred domestically or abroad,

1. d) Requesting correction of personal data if they are incomplete or incorrectly processed,
2. e) Requesting the deletion or destruction of personal data within the framework of the conditions stipulated in the legislation,
3. f) To request that the transactions carried out in accordance with paragraphs (d) and (e) be notified to third parties to whom personal data is transferred,
4. g) Objecting to the emergence of a result against the person by analyzing the processed data exclusively through automatic systems,

g) Requesting compensation for the damage in case of damage due to illegal processing of personal data.

The written application made by the Data Subjects in person with the "Application Petition of the Personal Data Owner" (Annex-1) or the application made via Registered Electronic Mail (KEP) will be evaluated by our company and answered within the legal period of 30 days.

Data Subjects will be able to exercise these rights by making a written request using one of the methods listed below;

• Via a notary, along with documents proving their identity to the company,
• By e-mail sent from their own e-mail address to the e-mail address registered in the name of BESİGN JEWELLERY (info@besignjewellery.com),
• Provided that they hand-deliver their petitions, adding three signatures and copies of their identification cards,

To exercise your privacy rights, please contact us using the contact information provided under the link www.besignjewellery.com. We remind you that we may request additional information to verify your identity.

15. WITHDRAWAL OF ORDER CONFIRMATION

Once the BUYER (USER) gives his/her consent, he/she can withdraw his/her consent at any time. However, it is reminded that when withdrawing consent, this does not have a retroactive effect and that consent can only be withdrawn if the consent was initially given. In order to withdraw approval, the SELLER must be contacted using the contact information provided under the link www.besignjewellery.com. Even if the BUYER withdraws his/her consent, it may be necessary to continue processing your data due to mandatory reasons stated in Article 5 of the KVKK.

16. NOTIFICATION OF COMPLAINT

If there is a complaint regarding the use of the BUYER's personal information by the SELLER, the complaint can be made through the contact information provided under the link www.besignjewellery.com . In addition to objecting to the SELLER, the BUYER can also file a complaint with the Personal Data Protection Authority.

17. UNDER THE PERSONAL DATA PROTECTION LAW

Personal data owners who are defined as relevant persons in the Personal Data Protection Law No. 6698 ("Law") (hereinafter referred to as "Applicant") are granted the right to make certain requests regarding the processing of their personal data in Article 11 of the Law.

In accordance with Article 13/1 of the KVK Law; Applications regarding these rights to the SELLER, who is the data controller, must be submitted to us in writing or by other methods determined by the Personal Data Protection Board ("Board").

In this context, applications to be made "in writing" to the SELLER must be made by printing the Application Form;

• By personal application of the Applicant,
• through a notary,
• It can be transmitted by signing the Applicant with the "secure electronic signature" defined in the Electronic Signature Law No. 5070 and sending it to the registered e-mail address of the SELLER.

Detailed information regarding the application methods mentioned above is presented below.

Application Method Application Address Shipping Descriptions

Personal Application (application made by the applicant in person with documents proving his/her identity) ŞEMSİPAŞA MAH. 28.SK NO:7 İÇ KAPI NO:10 GAZİOSMANPAŞA İSTANBUL / İstanbul “Information Request Within the Scope of the Personal Data Protection Law” will be written on the envelope.

Via Notary Public ŞEMSİPAŞA MAH. 28.SK NO:7 İÇ KAPI NO:10 GAZİOSMANPAŞA İSTANBUL / İstanbul “Information Request within the Scope of the Personal Data Protection Law” will be written on the notification envelope.

This form will be updated if there are any changes in the application methods.

Your applications submitted to us will be responded to within thirty days from the date your request reaches us, depending on the nature of the request, in accordance with Article 13/2 of the KVK Law. Our responses will be delivered to you in writing or electronically in accordance with the provision of Article 13 of the relevant KVK Law.

1. Applicant contact information:

Name and Surname : Users and subscribers who purchase products on the site
Address : Address to be notified by the buyer
Phone : Phone number to be provided by the buyer
E-mail : The e-mail address to be provided by the recipient

(KVKK application forms will be available via the internet extension.)

18. STATEMENT OF ACCEPTANCE

 

BUYER acknowledges that he/she has been informed by the SELLER about the full address, commercial name and contact information of the SELLER, the features of the product he ordered, the sales price, the payment method, the delivery method of the products, the delivery costs and who will cover them, the right of withdrawal, the return and exchange conditions, and that by approving this contract, the BUYER accepts the order. It accepts and confirms that it is under the obligation to pay the prices of the products it purchases as written in the contract.

 

Date: 20.06.2022

 

SELLER BUYER