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DIAMOND
Designer Diamond Bracelets
Diamond Waterway Bracelets
GOLD
HOUR
Guaranteed Pre-owned Watches
Article 1 - Parties to the Agreement
SALES PERSON:
Haktan Watch and Accessories Construction Tourism Garment Manufacturing Import Export Industry and Trade Ltd. Co.
Address: Emek Adnan Menderes Neighborhood, Turgut Özal Street, Korupark Shopping Mall No:2, Inner Door No:49, Osmangazi/Bursa
Telephone: 0 (224) 223 23 23
Email: destek@pirlant.com
BUYER:
Customer
Article 2 - Subject of the Agreement
The subject of this contract is the sale and delivery of the goods/services ordered by the Buyer electronically from the Seller's website https://www.pirlant.com.tr/ , possessing the characteristics mentioned in the contract and with the sales price also stated in the contract, and the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection and the Regulation No. 29188 on Distance Contracts. The preliminary information and invoice located on the payment page of the https://www.pirlant.com.tr/ website are integral parts of this contract.
Article 3 - Date of the Agreement
This contract, previously signed in duplicate by the seller, has been signed and accepted by the buyer on .... date.
Article 4 - Delivery of Goods or Services, Place of Performance of the Contract and Method of Delivery
The goods/services will be delivered to the address requested by the buyer, namely ....
Article 5 - Delivery Costs and Performance
Delivery costs are the responsibility of the buyer. However, if the seller has stated on their website that they will cover delivery costs for purchases exceeding a certain amount, or that they will offer free delivery as part of a promotional campaign, then the delivery cost is the responsibility of the seller. Delivery will be made as soon as possible after the stock is available and the payment has been received in the seller's account. The seller will deliver the goods/services within 30 (thirty) days of the order and reserves the right to extend this period by an additional 10 (ten) days with written notification. If, for any reason, the payment for the goods/services is not made or is cancelled in the bank records, the seller is considered relieved of the obligation to deliver the goods/services.
Article 6 - Cash on Delivery Fee
Cash on delivery is a payment option provided by the shipping company and is not related to the seller. The shipping company charges 30 TL for this service. This service fee is the responsibility of the shipping company and is non-refundable in case of product return. The seller cannot be held responsible for this fee.
Article 7 - Buyer's Declarations and Undertakings
The Buyer declares that they have read and are aware of the preliminary information uploaded by the Seller on the Website regarding the essential characteristics of the Goods/Services subject to this Contract, the sales price, the payment method, and the delivery and shipping costs, and that they have provided the necessary confirmation electronically. By confirming this Contract and the Preliminary Information Form electronically, the Buyer also confirms that they have received accurate and complete information from the Seller regarding the address, the essential characteristics of the Goods/Services ordered, the price of the Goods/Services including taxes, payment and delivery information, and delivery price information, which must be provided to the Buyer before the conclusion of distance contracts. The Buyer is solely responsible if they accept damaged or defective Goods/Services from the shipping company without inspecting them before delivery; such as damaged, broken, or with torn packaging. Goods/Services received by the Buyer from the shipping company employee will be considered undamaged and in good condition. After delivery, the responsibility for the Goods/Services and any damages rests with the Buyer. If, after delivery of the Goods/Services, the bank or financial institution fails to pay the Seller for the Goods/Services due to the unauthorized or unlawful use of the Buyer's credit card by unauthorized persons, not resulting from the Buyer's fault, the Buyer is obligated to return the Goods/Services to the Seller within 3 (three) days, provided that they have been delivered to him/her. In this case, the delivery costs shall be borne by the Buyer. The Buyer acknowledges and declares that he/she will not hold the Seller responsible for any free products delivered to him/her by the Seller as part of a promotion or campaign, and that the product manufacturer is solely responsible for all claims.
Article 8 - Seller's Representations and Undertakings
The seller is responsible for delivering the goods/services subject to the contract in sound and complete condition, conforming to the specifications stated in the order, and with any warranty documents and user manuals, if applicable. If the goods/services subject to the contract are to be delivered to a person/entity other than the buyer, the seller cannot be held responsible if the recipient refuses delivery. The seller shall refund the price of the goods/services, and any valuable documents, within 14 (fourteen) days of receiving the notice of withdrawal. For justifiable reasons, the seller may supply the buyer with goods/services of equal quality and price before the performance period stipulated in the contract expires. If the seller believes that the performance of the goods/services has become impossible, they shall notify the buyer before the performance period of the contract expires. The paid amount and any documents shall be returned within 14 (fourteen) days. Goods/services sold with or without a warranty certificate that are found to be defective or faulty may be sent to the seller for necessary repairs within the warranty terms; in this case, the delivery costs shall be borne by the seller.
Article 9 - Characteristics of the Goods or Services Subject to the Contract
The type and nature of the goods/services, quantity, brand/model, color, and the sales price including all taxes are as stated in the invoice, which is considered an integral part of this agreement.
Article 10 - Cash Price of Goods or Services
The cash price of the goods/services is included in the sample invoice emailed after the order is placed and in the invoice sent to the customer along with the product.
Article 11 - Forward Price
The price of the goods/services, based on the payment terms agreed upon, is included in the sample invoice emailed after the order is placed and in the invoice sent to the customer along with the product.
Article 12 - Interest
The interest rate shall be determined annually by the Government of the Republic of Turkey and shall in no case exceed 30%. The buyer is solely responsible to the bank with which he/she works.
Article 13 - Payment Plan
If the buyer makes a purchase using a credit card and in installments, the installment plan selected on the website will apply. In installment transactions, the relevant provisions of the agreement signed between the buyer and the cardholder's bank are valid. The credit card payment date is determined by the terms of the agreement between the bank and the buyer. The buyer can also track the number of installments and payments from the account statement sent by the bank. The buyer is solely responsible to the bank for payments.
Article 14 - Right of Withdrawal
The buyer may return the purchased Goods/Services within 14 (fourteen) days of the delivery date, without incurring any legal or criminal liability and without giving any reason, by exercising their right of withdrawal.
If the right of withdrawal is exercised:
a) The buyer shall return the goods to the seller within 10 (ten) days of exercising their right of withdrawal.
(b) In accordance with the right of withdrawal, the product to be returned must be returned complete and undamaged, including the box, packaging, standard accessories (if any), and any other products given as gifts with the product. When returning the product to the Seller, the Buyer must also return the original invoice that was presented to the Buyer during delivery. If the original invoice is not sent, VAT and any other legal obligations cannot be refunded.
c) Within 14 (fourteen) days following the exercise of the right of withdrawal, the price of the goods will be refunded to the Buyer in the same manner in which the Buyer paid.
The return shipping cost will be borne by the Seller, provided the Buyer sends the goods to be returned using the Seller's contracted shipping company specified in the pre-information form. If the Buyer sends the goods to be returned using a shipping company other than the Seller's contracted shipping company specified in the pre-information form, the Seller will not be responsible for the return shipping cost or any damage the goods may suffer during shipping. If the right of withdrawal is exercised between the order confirmation and delivery of the goods, the Buyer will be responsible for the return shipping cost.
Article 15 - Cases Where the Right of Withdrawal Cannot Be Exercised
The right of withdrawal cannot be exercised in the following cases:
a) In contracts for goods or services whose price varies depending on fluctuations in financial markets and is beyond the seller's control,
(b) In contracts relating to the delivery of goods prepared according to the consumer's requests or clearly in line with their personal needs, which by their nature are unsuitable for return and are susceptible to rapid deterioration or have a risk of exceeding their expiration date,
c) In contracts relating to the delivery of goods whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery, and whose return is not suitable for health and hygiene reasons,
d) In contracts relating to goods that are mixed with other products after delivery and which, by their nature, cannot be separated,
e) In contracts relating to books, audio or video recordings, software programs and computer consumables presented in a physical medium, provided that the protective elements such as packaging, tape, seal or wrapping have been opened by the consumer,
f) In contracts relating to the provision of betting and lottery services,
g) In contracts relating to services that have begun to be performed with the consumer's consent before the expiration of the withdrawal period,
h) In contracts relating to services performed instantly in electronic form and intangible goods delivered instantly to the consumer, and in cases where the Goods/Services subject to the contract consist of types of Goods/Services that are excluded from the scope of application of the Regulation on Distance Contracts, the right of withdrawal cannot be exercised because the provisions of the Regulation on Distance Contracts cannot be applied to the legal relationship between the Buyer and the Seller.
Article 16 - Default and its Legal Consequences
If the buyer defaults on transactions made with a credit card, they will be liable to pay interest and be responsible to the card-issuing bank in accordance with the credit card agreement they have with the bank. In this case, the bank may resort to legal action; it may demand the resulting costs and attorney fees from the buyer, and in any case, if the buyer defaults on their debt, the buyer agrees to pay the seller for any loss and damage incurred due to the delayed performance of the debt.
Article 17 - Resolution of Disputes
In the implementation of this Distance Sales Agreement, the Consumer Arbitration Boards and Consumer Courts in the place where the Buyer purchases the Goods or Services and where they reside are authorized, up to the value declared by the Ministry of Industry and Trade. In accordance with the lower and upper limits specified in Article 68, paragraph 1 of Law No. 6502 on the Protection of Consumers, district/provincial consumer arbitration boards are authorized to handle consumer claims.
Article 18 - Notifications and Evidence Agreement
All correspondence between the Parties under this Agreement shall be conducted via e-mail, except in mandatory cases stipulated by law. The Buyer acknowledges, declares, and undertakes that in any disputes arising from this Agreement, the Seller's official ledgers and commercial records, as well as the electronic information and computer records kept in its databases and servers, shall constitute binding, conclusive, and exclusive evidence, and that this clause constitutes an evidentiary agreement within the meaning of Article 193 of the Code of Civil Procedure.
Article 19 - Approval of Invoices Issued to Merchants and Current Account Transfers
If the Buyer, who placed the order, wishes to have the invoice issued not in their own name but in the name of a third-party company and/or legal entity (including individual merchants), the Buyer declares that the invoice information provided is accurate, that they consent to the transfer of invoice amounts and debts to the Buyer's current account and the company/legal entity's current account, and that they accept the issuance of the debt in the name of the company/legal entity with the Buyer's declared trade name and tax number, in accordance with the provisions of assignment of receivables. The Buyer irrevocably declares and undertakes to accept responsibility for any errors in the trade name, tax office and number, and address information of the company and/or legal entity declared for the invoice, and to compensate the Seller for all material and moral damages arising from this transaction if the relevant company/legal entity does not accept the debt. In this case, since the Buyer is not a consumer, the provisions of the Code of Obligations and the Commercial Code will apply.
This Agreement, consisting of 19 (nineteen) articles, has been read by the Parties and concluded and entered into force on .../.../20... by the Buyer's electronic confirmation.
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