ARTICLE 1 – PARTIES
1.1. SELLER
Business Name: Selen Tourism and Trade Inc.
Address: Kemal Elgin Boulevard No:8 48700 Marmaris/MUĞLA
Phone: …………………………………….
E-mail Address: ……………@diamordiamond.com
MERSIS No: …………………………………………..
(Hereinafter referred to as "SELLER".)
1.2. BUYER
Name and Surname:
Address:
Phone:
E-mail Address:
(Hereinafter referred to as "BUYER".)
ARTICLE 2 – SUBJECT OF THE AGREEMENT
The subject of this agreement is to determine the rights and obligations of the parties in accordance with the Law on the Protection of Consumers No. 6502 and the Distance Contracts Regulation regarding the sale and delivery of the product specified below, including its qualities and sale price, which the BUYER ordered electronically from the website www.diamordiamond.com (“Website”) owned by the SELLER.
ARTICLE 3 – GENERAL PROVISIONS
3.1. The BUYER declares that they have read and become knowledgeable about the essential qualities of the product subject to the agreement, the sales price including all taxes and the payment method, delivery time, and unless otherwise specified, the BUYER will bear the delivery expenses, as well as the full business name, address, and contact information of the SELLER, before electronically placing an order on the Website. The BUYER also confirms that they have obtained accurate and complete information regarding the conditions for exercising the right of withdrawal.
3.2. The BUYER may convey their requests and complaints using the communication channels specified above. Complaints and requests will be responded to by the SELLER's customer service as soon as possible.
3.3. By confirming this agreement electronically, the BUYER confirms that they have obtained accurate and complete information about the title, address, contact information, MERSIS number, essential properties of the products ordered, including the sales price with all taxes, payment and delivery information, the right of withdrawal, and the terms and conditions of exercising the right of withdrawal, which the SELLER must provide to the BUYER before entering into the distance agreement.
3.4. The product subject to the agreement will be delivered to the BUYER or the person/organization indicated by the BUYER at the address specified in the pre-information on the Website within the timeframe mentioned therein, depending on the distance of the BUYER's place of residence, provided that this period does not exceed 30 (thirty) days from the order date.
3.5. If the product subject to the agreement is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the delivery is rejected by the recipient.
3.6. The SELLER cannot be held responsible for the failure to deliver the product to the BUYER due to any problems encountered by the shipping company during the delivery process.
3.7. The SELLER is responsible for delivering the product subject to the agreement intact, complete, and in compliance with the specified qualities in the order.
3.8. In case of any technical or material errors in the product price, product description, product quality, etc. during the sale of the product on the Website, the SELLER has the right to cancel the order and refund the amount collected to the BUYER in accordance with the relevant legislation.
3.9. Due to the handmade nature of the products offered on the Website and the different ring sizes ordered, there may be a difference of up to ±10% in weight, length, width, and other features after production.
3.10. In the event that the SELLER cannot fulfill the contractual obligations related to the product or service ordered due to becoming impossible, the SELLER shall notify the BUYER in writing or through a durable medium within three days from the date they became aware of the situation, and shall refund all payments received, including delivery expenses, within fourteen days from the date of notification.
3.11. In case it becomes impossible to fulfill the performance obligation arising from the contract after the end of the campaign period, the SELLER reserves the right to supply a different product of equal quality and price with the approval of the BUYER.
3.12. If the product price is not paid to the SELLER by the relevant bank or financial institution due to unauthorized or unlawful use of the BUYER's credit card, debit card, and/or other payment systems offered on the Website, not caused by the fault of the BUYER, the BUYER is obliged to return the relevant product to the SELLER within 3 (three) days after being delivered to them. In this case, the shipping expenses are borne by the BUYER.
3.13. In case the SELLER is unable to deliver the product subject to the agreement within the specified timeframe due to force majeure or extraordinary circumstances such as adverse weather conditions, transportation disruptions, the SELLER is obliged to inform the BUYER about the situation. In this case, the BUYER has the right to cancel the order and terminate the contract. In the event of contract termination, the SELLER is obliged to refund all payments received, including delivery expenses if any, within 14 (fourteen) days from the receipt of the termination notification.
3.14. Pursuant to Article 16, paragraph 4 of the Distance Contracts Regulation published in the Official Gazette No. 29188 dated 27.11.2014, in case the fulfillment of the order becomes impossible, the SELLER is obliged to notify the BUYER in writing or through a durable medium within three days from the date they become aware of the situation, and to refund all payments received, including delivery expenses if any, within fourteen days from the date of notification.
3.15. In case the BUYER exercises their right of withdrawal or if the product cannot be supplied for various reasons or if the BUYER is entitled to a refund due to arbitrator decisions, if the payment was made by credit card and in installments, the SELLER shall pay the product price to the Bank in a single payment. The Bank shall refund the BUYER in the same number of installments as the payment made by the BUYER. In case of payment by bank transfer or cash on delivery, the refund shall be made by bank transfer to the account specified by the BUYER (the account must be in the name of the person on the invoice address or the user member).
ARTICLE 4 - RIGHT OF WITHDRAWAL
4.1. The buyer has the right to withdraw from the contract without giving any reason and without paying any penalty within 14 (fourteen) days.
4.2. The withdrawal period starts on the day the contract is concluded for service contracts; for contracts related to the delivery of goods, it starts on the day the consumer or a third party designated by the consumer receives the goods. However, the consumer may also exercise the right of withdrawal within the period from the conclusion of the contract until the delivery of the goods.
4.3. In determining the withdrawal period, the provisions of the relevant legislation shall apply. The delivery of the goods to the carrier/courier by the SELLER shall not be considered as delivery to the BUYER. In contracts where the delivery of goods and the provision of services are made together, the provisions regarding the right of withdrawal for the delivery of goods shall apply. In order to exercise the right of withdrawal, it is necessary to notify the SELLER by phone or email within the 14 (fourteen) day period and the product must not be within the scope of Article 15 titled "Exceptions to the Right of Withdrawal" of the Distance Contracts Regulation published in the Official Gazette on 27.11.2014 and must be suitable for resale by the SELLER. In case of exercising this right: a) The invoice of the product delivered to a third party or the BUYER must be sent to the SELLER within 10 (ten) days (if the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the corporation). Order returns with invoices issued for corporations cannot be completed if a return invoice is not issued. b) The product to be returned must be sent back to the SELLER complete and undamaged, within 10 (ten) days from the date of notification of the right of withdrawal, together with its box, packaging, certificates, if any, gift products and accessories, and gift vouchers. If any of these materials are not sent or damaged, even if it is caused by the carrier company, the cost of the material is deducted from the refund amount and the return process is completed. The BUYER must contact the SELLER through the specified communication channels to learn the steps to be followed for these processes.
4.4. The carrier specified for the right of withdrawal is ………………………….. Courier.
4.5. The product price shall be refunded to the BUYER within 14 (fourteen) days following the receipt of the request for the right of withdrawal by the SELLER.
ARTICLE 5 - PRODUCTS THAT CANNOT BE RETURNED UNDER THE RIGHT OF WITHDRAWAL
5.1. Custom-made goods prepared according to the requests or personal needs of the BUYER: Special orders given outside the ring size range, necklace and bracelet length offered on the website, wedding rings with inscriptions, or changes made to the ring size, necklace, bracelet length, and model according to the BUYER's request after the delivery of the ordered product, and products that are specially produced based on the customer's special requests and opened perfume packages cannot be returned under the right of withdrawal.
5.2. Goods or services whose prices are subject to fluctuations in financial markets and which are not under the control of the SELLER.
5.3. Perishable or expired goods.
5.4. Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and are not suitable for return for health or hygiene reasons.
5.5. Goods that have been mixed with other products after delivery and cannot be separated due to their nature.
5.6. Books, digital content, and computer consumables presented in a material environment, which have been opened after delivery of the product's protective elements such as packaging, tape, seal, package.
5.7. Periodicals such as newspapers and magazines, except those provided under a subscription agreement.
5.8. Goods and services subject to contracts related to accommodation, transportation of goods, car rental, food and beverage supply, and leisure or recreational activities that must be performed on a specific date or period.
5.9. Instantly performed services in electronic environment or non-material goods delivered instantly to the consumer.
5.10. Services that have begun to be performed with the consent of the BUYER before the right of withdrawal period ends.
5.11. Products delivered to an address outside the Turkish Customs Territory as a result of the BUYER declaring a foreign delivery address.
ARTICLE 6 - PROTECTION OF PERSONAL DATA
6.1. The BUYER declares that the personal data processed within the scope of this agreement may be processed in accordance with the personal data processing conditions and purposes specified in Articles 5 and 6 of the Law on Protection of Personal Data No. 6698 ("KVKK") by the SELLER, who has the title of "Data Controller" within the scope of the purchase products and services for delivery to the BUYER, performance of contractual obligations, ensuring information security, introducing the products and services offered by the SELLER, sending commercial electronic messages with the consent of the BUYER, and recommending the products and services offered by the SELLER according to their preferences, usage habits and needs, and informing them about the campaigns offered by the SELLER.
6.2. The BUYER declares that their personal data processed within the scope of this agreement may be transferred to domestic/foreign individuals and institutions providing services for the performance of the contractual services and third-party business partners used by the SELLER for sending commercial electronic messages, within the framework of personal data processing conditions and purposes specified in Articles 8 and 9 of the KVKK, domestically and abroad, with their consent.
6.3. The BUYER declares that they are aware of their rights regarding the processing of their personal data, such as applying to the SELLER, who is the Data Controller, to learn whether their personal data has been processed, to request information if their personal data has been processed, to learn the purpose of processing their personal data and whether they are used in accordance with their purpose, to know the third parties to whom their personal data have been transferred domestically or abroad, to request correction of their personal data if it is incomplete or incorrectly processed, to request the deletion or destruction of their personal data, to request the notification of the above-mentioned transactions to third parties to whom their personal data have been transferred, to object to the emergence of a result against them by analyzing their processed data exclusively by automated systems, and to request compensation if they suffer any damages due to the unlawful processing of their personal data.
6.4. The BUYER acknowledges and undertakes that, by approving this agreement, they have given their free and explicit consent to the processing of their personal data and their transfer to third parties in all the above-mentioned forms, purposes, and reasons.
ARTICLE 7 - APPLICATIONS REGARDING DISPUTES
In the event that the BUYER has a complaint regarding their order and/or the product ordered and/or any other matter related to their order, they can submit their complaints to the SELLER through the contact information provided above. The complaints received will be recorded, evaluated by the relevant departments, and attempts will be made to resolve them as soon as possible with a response provided to the BUYER. Additionally, the BUYER may apply to a consumer arbitration committee or consumer court located where they have purchased the goods or services or where they reside, within the monetary limits determined by the Ministry of Customs and Trade of the Republic of Turkey each December, regarding their complaints and objections.