PRELIMINARY INFORMATION FORM
2. Article – Subject
The subject of this Contract constitutes the rights and liabilities of the parties relating to the sales and delivery of the product, which are sold on electronic environment by the Seller to Buyer on site https://www.birceakalaydesign.com that belongs to Buyer and the features, sales and delivery of which are given below, as required by the provisions of Law on Consumer Protection no. 6502 and Regulations on Implementation Principles and Procedures of Distance Contract.
3. Article – Contractual Product or Service, Payment and Delivery
The type, quantity, brand, model, color and VAT included sales price of the Product or Products that are the subject of this Agreement are as follows:
|Order transaction and shipping fees
|Promotion / discount
|Total (VAT included)
4. Article – General Provisions
4.1 The Buyer agrees, declares and undertakes that he/she has read the preliminary information relating to the main features, sales price, method of payment and delivery and been informed thereon and that he/she has given the required confirmation in the electronic environment. Before receiving the confirmation of the Buyer in the electronic environment regarding the preliminary information, the Buyer agrees, declares and undertakes that he/she has received the address which needs to be provided by the Seller to the Buyer, main features of ordered products, prices of the products including taxes, payments and delivery details accurately and in full before the distance sales contract is drawn up.
4.2 Each contract product shall be delivered to the Buyer or to the person and/or institution in the address specified by the Buyer within the period specified in the preliminary information section on the website depending on the distance of the place of the Buyer provided that such period does not exceed the 30-day legal term. If the product cannot be delivered to the Buyer within this period, the Buyer reserves the right to terminate the contract.
4.3 The Seller agrees, declares and undertakes that he/she will deliver the contract product in full, in line with the features specified in the order and accompanied by certificates of warranty and user guides, if any, free from all kinds of defects, sound as required by the legislation, in line with the standards, accompanied by the required documents, and that he/she will perform the job within the scope of sincerity and integrity, maintain and improve service quality, show the necessary attention and care during the performance of the job and act with caution and foresight.
4.4 The Seller may provide another product with the same quality and price by way of informing the buyer and obtaining his/her express approval before the expiry of its contractual liability to fulfil its liabilities.
4.5 The Seller agrees, declares and undertakes that, should the Seller fail to fulfil its contractual liabilities in the case that it becomes impossible to provide the product or service that is the subject of the order, it notifies the consumer in writing within 3 days from the date of learning of this situation and refund the total amount of the Seller within 14 days.
4.6 The Buyer agrees, declares and undertakes that he/she will confirm this Preliminary Information Form in the electronic environment for the delivery of the contract product and that the liability of the Seller to deliver the contract product will expire if the cost of the contract product is not paid and/or cancelled in the bank records for any reason whatsoever.
4.7 The Buyer agrees, declares and undertakes to return the contract product to the Seller within 3 days and in a manner that the costs of transport are borne by the Seller, if the cost of the contract product is not paid to the Seller by the related bank or financial institution as a result of illegal use of Buyer’s credit card by unauthorized people after the contract product has been delivered to the Buyer or the person and/or institution at the address specified by the Buyer. In this case, the Seller reserves the right to take legal action against the Buyer and all relevant parties in the non-refunding of the price.
4.8 The Seller agrees, declares and undertakes that it shall inform the Buyer if it fails to deliver the contract product within its legal term due to force majeure such as involuntary and unforeseen situations that hinder and/or delay parties’ fulfilling their obligations. The Buyer shall be entitled to demand from the Seller cancellation of the order, replacement of the contract product with an equivalent thereof, if any, and/or postponement of the delivery time until the preventive situation disappears. If the order is cancelled by the Buyer, the cost of the product shall be paid to the Buyer in cash and at once no later than 14 days in cases of cash payment by the Buyer. In cases of payment by the Buyer by credit card, the cost of the product shall be returned to the related bank within 14 days following the cancellation of the order by the Buyer. The Buyer agrees, declares and undertakes that the process relating to the reflection of the amount returned by the Seller to the Buyer’s credit card in the Buyer’s account by the bank might take 2 to 3 weeks on average and that the Buyer will not hold the Seller for possible delays as reflection of such amount in the Buyer’s accounts after such amount has been returned to the bank by the Seller is completely related to the bank transaction procedure.
5. Article – Right of Withdrawal
5.1 In distance contracts relating to sale of goods, the Buyer may exercise its right of withdrawal from the contract by refusing the goods within 15 (fifteen) days following the date of delivery of the product thereto or the person/institution in the address designated thereby without taking any legal or penal responsibilities and without giving a justification. In determining the period of the right of withdrawal,
a) In the case of goods that are the subject of a single order and delivered separately, the day on which the consumer or the third party determined by the consumer receives the last goods,
b) In the case of goods of consisting of more than one piece, the day when the consumer or the third party determined by the consumer receives the last piece,
c) In contracts that the goods are delivered regularly for a certain period, the day on which the consumer or the third party determined by the consumer receives the first goods is taken as a basis.
5.2 The Buyer may make a notification of withdrawal by registered mail or electronic mail to the Seller’s address specified in Article 1 within 15 (fifteen) days. From this notice, the Seller may contact the Buyer and ensure that the Product is received from the Buyer. However; If the Seller does not make an offer to the Buyer in this direction, the Buyer must send the purchased product to the Seller’s address that specified in Article 1 within 10 (ten) days from the notification of withdrawal.
5.3 For the returns to be processed, the relevant sections of the invoice sent to the Buyer and containing the return section must be filled in completely and sent to the Seller after being signed.
5.4 The products to be returned must be delivered with their box, packaging and standard accessories, if any.
5.5 The Seller is obliged to refund the total price (total of all prices paid by the Buyer to the Seller) and the documents that put the Buyer under debt to the Buyer within a maximum of 15 (fifteen) days from the receipt of the withdrawal notice.
5.6 The shipping cost of the Products returned due to the right of withdrawal shall be refund by the Buyer. After the Buyer uses her/his right of withdrawal and makes a notification to the Seller in this regard, the product subject to sale will be received by the Seller’s contracted cargo company. However, if the Buyer wishes to return the product himself/herself, the Buyer must send the product to the Seller with payment.
5.7 The decrease in the value of the received goods or the existence of a reason that makes the return impossible do not prevent the use of the right of withdrawal. However, if the decrease in value or the impossibility of return is due to the fault of the consumer, the Seller must compensate for the value or decrease in the value of the goods. Changes and deteriorations that occur due to the habitual use of the goods are not considered as a decrease in value.
6. Article – Products for Which the Right of Withdrawal Cannot Be Exercised
Right of withdrawal; from the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; it cannot be used for products that are not suitable for return in terms of health and hygiene.
In the Products produced in line with the special requests and demands of the Buyer, customized to the person by making changes or additions to the color or on it, the Buyer; Within the scope of Article 15 of the Distance Contracts Regulation, the right of withdrawal will not be exercised and these products will not be accepted return by the Seller. The Buyer knows that all the products on the Site are the products to be produced in accordance with special requests and demands, and therefore accepts and undertakes that the Product to be ordered is within the scope of the products for which the right of withdrawal cannot be exercised.
Orders that include the ring size range, necklace or bracelet size at the Buyer's request are also considered as special orders. Products with personalized text or after the delivery of the ordered Product to the Buyer, when transactions such as ring size, necklace, bracelet size and model changes are made in line with the Buyer's request, these Products, which are specially produced in line with the special requests of the Buyer, are also within the scope of the products for which the Buyer cannot exercise her right of withdrawal.
7. Article – Authorized Court
The Buyer can apply for complaints and objections to the arbitral tribunal or the consumer court for consumer problems in the place of residence or where he/she has purchased the goods or services within the monetary limits determined by the Ministry of Customs and Industry in December every year.