DISTANCE SALES CONTRACT
ARTICLE 1 – PARTIES
1.1. SELLER:
Name/Title: Karma Bijuteri
Address: Tahtakale Yavaşca Şahin Sok. no: 9 Fatih / Istanbul
Phone Number: 02126597469
Email: info@karmabijuteri.com
This e-mail box is the legal correspondence link for the karmabijouterie.com or karmaaccessory.com sites.
1.2. BUYER:
The person who enters the site named karmabijouterie.com or karmaaccessory.com, registers to the site with her/his personal information, buys the products that are presented on the site, and transfer the payment through the payment platform presented by the site to the SELLER, governed by the site administrator, which is owned by Karma Bijuteri, who is declared as the SELLER.
ARTICLE 2 – SUBJECT
The subject of this contract is the "Law on the Protection of Consumers No. 4077" and the "Distance Contracts Implementation Procedure" regarding the sale and delivery of the product whose qualities and sales price are specified below, which the BUYER ordered electronically from the SELLER's "karmabijuteri.com / karmaaccessory.com” internet shopping site, and determining the rights and obligations of the parties under the provisions of the "Regulation on its Principles.
ARTICLE 3 – PAYMENT
3.1. PAYMENT METHOD:
The relevant procedures are payments by “Money Order”, “EFT”, “Payment by Debit Card” and “Credit Card”.
3.2. FORWARD SALES:
On the other hand, since forward sales are made only with credit cards belonging to banks, the buyer will also confirm the relevant interest rates and default interest information from his bank, and the buyer will accept, declare, and undertake in accordance with the provisions of the legislation in force, the provisions regarding interest and default interest that will be applied within the scope of the credit card agreement between the Bank and the buyer.
3.3. REFUND PROCEDURE TO CREDIT CARD OF THE BUYER:
In cases where the BUYER exercises his right of withdrawal, or in cases where the product subject to the order cannot be supplied for various reasons, or in cases where a refund is decided to the Consumer by the decisions of the Arbitration Committee if the purchase is made by credit card and in installments, the refund procedure to the credit card is stated below:
Regardless of how many installments our customer purchased the product in, the Bank repays the customer in installments. After karmabijuteri.com pays the entire product price to the bank in one go, in case the installment expenditures made through the Bank POS are refunded to our Customer's credit card, the requested refund amounts are transferred by the Bank to the holder's accounts in installments to prevent the parties involved in the matter from being victimized.
If the installment amounts paid by the customer until the cancellation of the sale do not coincide with the refund date and the account cut-off dates of the card, one unit refund will be reflected on the card every month and after the installments of the sale are completed, the customer will receive the installments, she paid before the return for an additional month equal to the number of installments she paid before the return and will be deducted from her current debts.
3.4. RETURN OF GOODS AND SERVICES PURCHASED WITH CARD:
Following the contract made with the bank, the Customer cannot be paid in cash. In case of a refund, the member business, i.e. karmaaccessory.com / karmabijouterie.com, will make the refund via the relevant software. Since the member business, i.e. karmabijuteri.com, is obliged to pay the relevant amount to the Bank in cash or on account, the Customer cannot be paid in cash, in accordance with the procedure we have explained above.
The BUYER acknowledges and undertakes that she or he has read and accepted this procedure.
3.5. DELIVERY METHOD AND ADDRESS SCHEMA:
Delivery Address: a/Türkiye-Adıyaman (a city name in Türkiye)
To whom it will be delivered:
Billing Address: a/Türkiye-Adıyaman- (a city name in Türkiye)
The delivery will be delivered by hand via the cargo company to the BUYER's address specified above. Even if the buyer is not at her address at the time of delivery, the SELLER will be deemed to have fulfilled her obligation fully and completely. For this reason, any damages arising from the late delivery of the product by the buyer and the expenses incurred due to the product waiting in the cargo company and/or returning the cargo to the SELLER belong to the BUYER.
ARTICLE 4 - GENERAL PROVISIONS
4.1. CONFIRMATION:
The BUYER declares that he has read and informed all preliminary information regarding the sales price, payment method and delivery which is defined and explained in the basic characteristics of the product/products/services subject to the contract as specified in the 3rd article of the contract and the "information form" prepared in accordance with the provisions of the "Law No. 4077" and the "Regulation on Implementation Procedures and Principles for Door-to-Door Sales" on the "karmaaccessory.com and karmabijouterie.com" website and has given the necessary confirmation electronically regarding to the above information depicted.
4.2. DELIVERY PERIOD:
The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the website, depending on the distance of the BUYER's residence for each product, provided that it does not exceed the legal 30-day period.
4.3. ACCEPTANCE:
If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
4.4. SHIPMENT INTEGRITY:
SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
4.5. SHIPMENT PAYMENT TERMS:
For the delivery of the product subject to the contract, the signed copy of this contract must be delivered to the SELLER and the price must be paid with the payment method preferred by the BUYER. If the price of the product is not paid for any reason or is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product.
4.6. AFTER DELIVERY TERMS:
After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unfair or unlawful use of the BUYER's credit card by unauthorized persons, which is not due to the BUYER's fault, the BUYER will have 3 days to pay for the product, provided that it has been delivered to him/her. It must be sent to the SELLER within. In this case, shipping costs belong to the BUYER.
4.7. DEFECTIVE PRODUCT TERMS:
Defective or defective products, whether sold with a warranty certificate or not, can be sent to the SELLER for the necessary repairs within the warranty conditions to be carried out by the authorized service. In this case, the shipping expenses will be covered by the SELLER.
ARTICLE 5 - RIGHT OF WITHDRAWAL
BUYER has the right to withdraw within 7 days from the delivery of the product subject to the contract to herself / himself or to the person / organization at the address indicated. To exercise the right of withdrawal, the SELLER must be notified by fax, email or telephone within this period and the product must not have been used within the framework of the provisions of Article 6. In case this right is exercised, it is obligatory to return the original invoice with a copy of the cargo delivery report, stating that the product delivered to the 3rd person or the BUYER was sent to the SELLER. Within 7 days following the receipt of these documents, the product price is returned to the BUYER. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The shipping cost of the product returned due to the right of withdrawal is covered by the SELLER.
The consumer has the right to withdraw from the contract by refusing the goods or services within seven days from the date of receipt of the goods or signing of the contract without any legal and criminal liability and without any justification and we undertake to take back the goods from the date of receipt of the withdrawal notification to the seller or provider.
For refunds to be made under the general communiqué of Tax Procedure Law No. 385, the relevant sections of the invoice with a refund section that we have sent to you must be filled in completely and sent back to us together with the product after signing.
ARTICLE 6 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CAN NOT BE EXERCISED
The right of withdrawal cannot be exercised for products that cannot be returned due to their nature, disposable products, and products that have expired. Exercising the right of withdrawal for the following products is subject to the condition that the product's packaging is unopened, intact and the product is unused.
ARTICLE 7- DEFAULT PROVISIONS
If the parties fail to fulfill their obligations under this agreement, the Debtor's Default provisions in Articles 106-108 of the Code of Obligations will be applied. In cases of default, if any party does not fulfill its obligations within the specified period without a justified reason, the other party will give 7 days to the non-performing party to fulfill the obligation in question. If it is fulfilled within this period, the party that does not fulfill its obligation will be deemed to be in default and the creditor has the right to demand the delivery of the goods and/or termination of the contract and refund of the price by demanding the performance of the obligation.
Under the last paragraph of the 9th article of the Regulation on Distance Contracts, if the seller karmaaccessory.com or karmabijouterie.com cannot fulfill its contractual obligations by claiming that the fulfillment of the goods or services subject to the order has become impossible (the situation where the product cannot be supplied from the supplier Company in any way), it undertakes to notify this situation shall be conveyed to the consumer before the contractual performance obligation expires. In this case, karmaaccessory.com or karmabijouterie.com has the right to terminate the contract immediately and undertakes to return the price of the product ordered by the Customer and all documents that put itself in debt, if any.
If karmabijuteri.com cannot deliver the product subject to the contract within the due time due to force majeure that may prevent it from fulfilling this obligation or extraordinary events such as weather conditions that prevent transportation, interruption of transportation, fire, earthquake, flood, in such cases, the Buyer may use one of the rights to cancel the order or postpone the delivery period until the blocking situation disappears, stating that karmaaccessory.com or karmabijouterie.com has no liability. f the BUYER cancels the order, the amount paid will be paid to her within 10 days, for installment purchases made by credit card, the above procedure for refund to the credit card is accepted by the BUYER.
ARTICLE 8 - COMPETENT COURT
In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the place of residence of the BUYER or SELLER are authorized up to the value declared by the Ministry of Industry and Trade.
If the order is placed, the BUYER is deemed to have accepted all the conditions of this contract.
