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Sales Agreement

Sales Agreement

ARTICLE 1.PARTIES

 1.1 SELLER  

Business Name: MİRZAOĞLU KUYUMCULUK TURİZM OTEL DIŞ TİC .A.Ş.

MOLLA FENERİ MH. ALİ BABA TÜRBE SK. NO: 22 FATİH/ISTANBUL 

Phone: 0212 522 77 44

E-mail Address: info@miladgold.com

Central Registration System (MERSİS) No: 0622155622900001

 

1.2 BUYER  

Name & Surname:

Address: 

Phone: 

E-mail Address: 

Hereinafter referred to as the “BUYER”.

ARTICLE 2. SUBJECT MATTER

This agreement sets forth parties’ rights and obligations concerning the sale and delivery of the product, whose features and sales price are given below, ordered by BUYER electronically on SELLER’s Website: www.miladgold.com (“Website”), pursuant to the Law No. 6502 on the Protection of Consumers and Regulation on Distance Agreement. 

 

ARTICLE 3 – INFORMATION ABOUT BASIC FEATURES, SALES PRICES, AND DELIVERY OF THE PRODUCT COVERED BY THIS AGREEMENT  

Description, Quantity, VAT-inclusive Sales Price, and Delivery Information of the products are as follows: 

 

ARTICLE 4 – GENERAL PROVISIONS

4.1 BUYER hereby declares and acknowledges that he has read and understood the preliminary information concerning the product covered by this agreement, as well its basic properties, sales price including all taxes, payment and shipping terms, the fact that the shipping costs will be borne by the BUYER unless clearly indicated otherwise, the delivery time, and SELLER’s full business name, street address, and contact information. BUYER hereby further declares and acknowledges that BUYER has been duly and completely informed about his/her right of withdrawal, and has given relevant confirmation electronically. 

BUYER may submit his/her claims and complaints through the communication channels as indicated above. Claims and complaints will be responded by SELLER’s customer services as soon as possible. 

By confirming this agreement electronically, BUYER confirms that BUYER has, prior to execution of the distance agreement, been duly and completely informed by SELLER about the business name, address, contact information, Central Registration System (MERSİS) number, basic properties of the ordered products, sales price of products including all taxes, payment and delivery information, the right of withdrawal, and procedures and condition concerning the exercise of the right of withdrawal. 

4.2 The product covered by this agreement shall be delivered to BUYER or the person/entity at the address designated by BUYER within such period of time as specified in the pre-information on the Website depending on the distance to the place of residence of BUYER for each product, provided that such period cannot exceed 30 (Thirty) days from the date of order.  

4.3 If the product covered by this agreement is to be delivered to a person/entity other than the BUYER, SELLER shall not be held responsible if such person/entity refuses to take delivery of the product.

4.4 SELLER shall not be held responsible for the failure to deliver the product to BUYER due to any problems which the shipping company will encounter during delivery of the product to the BUYER.

4.5 SELLER is responsible for ensuring that the product covered by this agreement is delivered in an undamaged and complete manner, in compliance with such properties as specified in the order.

4.6 In case of any errors concerning the product price, product description, product properties, etc. due to technical failures and material failures when the product is offered for sale on the Website, SELLER shall be entitled to cancel the order, and refund any collected amounts to BUYER in accordance with provisions of the applicable legislation. 

4.7 As the products offered on the Website: www.miladgold.com are handmade and due to difference in sizes of the ordered rings, there can be postproduction differences up to ±10% in terms of product properties including weight, length, width, etc. 

4.8 If SELLER fails to fulfil its obligations hereunder in case the provision of the ordered product or service becomes impossible, SELLER shall, within three days upon becoming aware of it, notify the BUYER in writing or via permanent data register, and refunds all collected payments including shipping costs, if any, no later than fourteen days after the date of notice.

4.9 If, in the end of campaign period, the fulfilment of an order and/or service becomes impossible, SELLER shall, for fulfilling its performance obligation arising from the agreement, have the right to provide a different product of equal quality and price upon BUYER’s consent.

4.10 After delivery of the product, if the relevant bank or financial institution does not pay the product price to the SELLER due to any illegal or unlawful use of BUYER’s credit card, debit card, and/other any other payment system available on the Website by unauthorized persons, without a fault on the part of the BUYER, then the BUYER must return the product to the SELLER within 3 (three) days provided that the product has been actually delivered to the BUYER. In such a case, shipping costs shall be borne by the BUYER.

4.11 If SELLER fails to deliver the product covered by this agreement within the designated period of time due to any extraordinary circumstances such as force majeure events, adverse weather conditions preventing shipping, or transportation interruptions, SELLER shall be obligated to notify BUYER thereof. In such a case, BUYER shall be entitled to cancel the order and terminate the agreement. In case of termination of agreement, SELLER shall, within 14 (fourteen) days following SELLER’s receipt of termination notice, be obligated to refund, in cash and as a lump sum, to BUYER all payments received by SELLER, including any delivery costs.

4.12 Pursuant to Paragraph 4, Article 16 of the Regulation No: 29188 on Distance Sales Agreement entered into force on 27.02.2015, when and where the provision of the ordered goods or service becomes impossible, seller or the provider must, within three days upon becoming aware of thereof, inform the consumer in writing or via permanent data register about such impossibility, and refund all received payments, including any delivery costs, no later than fourteen days from the date of notice.

4.13 In case BUYER exercises its right of withdrawal, or the ordered product cannot be provided due to any reasons, or arbitration committee decides a refund to BUYER, and if the BUYER made a payment by credit card in instalments, then the SELLER shall make a lump sum payment to the bank for the product price. The Bank, on the other hand, shall refund the amount to BUYER in same number of instalments as originally chosen by the BUYER to buy the product. In case of payment through transfer/EFT or cash-on-delivery, Consumer’s bank account details will be requested, and the payment shall be made, by transfer or EFT, to the account designated by the Consumer (the account must be in the name of the person named on the invoice or in the name of the user member).

4.14 Milad Gold does not keep in stock all the products it offers for sale on miladgold.com. Ordered products are produced if and when deemed as necessary. However, due to various reasons, the production of any ordered products which are not available from stock may not be possible. All orders depend on their being in stock. In case of supply problems or when the product is not in stock, Milad Gold shall have the right to inform the customer about similar or substitute products of different category and value which can be ordered by the customer. If customer does not wish to order any substitute product, the amount paid by the BUYER for the product shall be refunded to the BUYER by the SELLER.

 

ARTICLE 5 – RIGHT OF WITHDRAWAL

BUYER has the right to withdraw from agreement without cause within 14 (fourteen) days.

Pursuant to Article 15 of the Regulation on Distance Sales Agreements, there is no legal right of withdrawal (right to cancel and return) for ring orders as the ring size is customized. Nevertheless, specific to miladgold.com, cancellations and returns are accepted for ring orders subject to a 5% deduction. However, there is no right of withdrawal for engraved wedding bands. Products for which no right of withdrawal can be exercised also include any Jewelleries and products produced as per BUYER’s requirements.

For agreements relating to rendering of services, the right of withdrawal (cooling off) period starts upon execution of the agreement while for the agreements relating to delivery of goods, it starts on the date the consumer or the third party designated by the consumer receives the goods. However, consumer may also exercise consumer’s right of withdrawal until the delivery of goods upon execution of the agreement.

 In determination of the right of withdrawal period: 

Delivery of goods to the carrier by the seller shall not be considered as a delivery to the consumer. 

In agreements where the delivery of goods and rendering of service are performed together, then the right of withdrawal provisions concerning delivery of goods shall apply. 

To be able to exercise the right of withdrawal, SELLER should be notified within 14 (fourteen) days by phone or e-mail, and the product should not be subject to the provisions of Article 15 “Exceptions to the Right of Withdrawal” of the Regulation on Distance Sales Agreement as published on the Official Journal on 27.11.2014, and the product should be suitable for being offered for sale again by the SELLER. In case the right of withdrawal is exercised:  

a) Original product invoice delivered to a third person or Buyer must be sent to SELLER within 10 (ten) days (if the invoice of the product intended to be returned is issued to a legal entity, then the invoice must be accompanied by a return invoice issued by the legal entity. Return of products under an invoice issued to a legal entity cannot be consummated without issuance of a RETURN INVOICE.)

 b) Within 10 (ten) days following submission of the right of withdrawal request, the products to be returned must be returned to the SELLER completely and free of any damage together with their boxes, packaging, certificates and, if any, gift cards, accessories, and gift tokens. In case of failure to return any of such items or damage to any of such items, even when such damage is attributable to the shipping company, the price of the item will be deducted from the refund amount. BUYER should, using the designated communication information, contact SELLER to learn the procedures required to be followed in connection therewith. 

Designated carrier for any returns under right of withdrawal is ‘Yurtiçi Kargo’.

The product price shall be refunded to the BUYER within 14 (fourteen) days following SELLER’s receipt of right of withdrawal claim. 

ARTICLE 6 – PRODUCTS FOR WHICH NO RIGHT OF WITHDRAWAL CAN BE EXERCISED  

a) Agreements for goods tailored to requirements or personal needs of the consumer. Therefore, products for which no right of withdrawal can be exercised include but not limited to customized production, upon BUYER’s demand, in a colour rather than the metal colour offered on the website or customized orders apart from the ring size ranges, necklace and wristband lengths offered on the website, engraved wedding bands, or any modifications on the ring size, necklace and wristband length or model in line with BUYER’s demand upon delivery of the product to the BUYER, goods which are tailored to the special requirements of the customer, and perfumes whose shrink wrap is removed. Pursuant to Article 15 of the Regulation on Distance Sales Agreements, there is no legal right of withdrawal (right to cancel and return) for ring orders as the ring size is customized. Nevertheless, specific to miladgold.com, cancellations and returns are accepted for ring orders subject to a 5% deduction. However, there is no right of withdrawal for engraved wedding bands.

b) Agreements for goods or services whose price depends on the fluctuations in the financial markets which cannot be controlled by the SELLER or supplier. 

c) Agreements for delivery of goods which are highly perishable or which may expire. 

d) Agreements for delivery of goods which are not suitable for return due to health and hygiene reasons if their protective elements such as packaging, tapes, seals, packs are opened / removed after delivery. 

e) Agreements for goods which, upon delivery, are mixed with other products and cannot, by their nature, be separated. 

f) Agreements for computer consumables, digital contents, and books in tangible form if their protective elements such as packaging, tapes, seals, packs are opened / removed after delivery. 

g) Agreements for delivery of periodicals such as newspapers and magazines, except for those provided under a subscription agreement

h) Agreements for accommodation, transportation of goods, car rental, supply of foods & beverages, and leisure activities for entertainment and recreational purposes which are required to be performed at a certain date or within a certain period. 

i) Agreements for services performed instantly at electronic environment, or intangible goods delivered instantly to the consumer at electronic environment. 

j) Agreements for services which are started to be performed upon consumer’s approval prior to expiration of the right of withdrawal (cooling off) period. 

k) Products delivered to an address out of the Turkish Customs Area due to Buyer’s indicating a delivery address abroad are out of the scope of return.

ARTICLE 7 – APPLICATIONS FOR DISPUTES 

If the BUYER has any complaints concerning the order and/or the ordered products and/or any other order-related matter, BUYER may communicate such complaints to the SELLER using the contact information given above. Complaint applications which have been submitted will be recorded, considered and tried to be solved by relevant units, and BUYER will be informed as soon as possible. BUYER may also submit applications for any complaints and claims either to the Arbitration Committee for Consumer Problems or to the Consumer Court having jurisdiction in the place of purchase of goods and services or consumer’s place of residence, depending on the monetary limit as determined by the Turkish Ministry of Customs and Trade in December every year

Bakırköy Courts and Enforcement Directorates shall have jurisdiction over settlement of any disputes arising out of or in connection with this agreement.

 

SELLER:

Business Name: MİRZAOĞLU KUYUMCULUK TURİZM OTEL DIŞ TİC .A.Ş.

MOLLA FENERİ MH. ALİ BABA TÜRBE SK. NO: 22 FATİH/ISTANBUL 

Phone: 0212 522 77 44

E-mail Address: info@miladgold.com

 

BUYER: 

Address: 

Date:

Prepared by  T-Soft E-Commerce.