Distance Sales Agreement
Article 1 – Parties
1.1 Seller
| Trade Name | DIA VENUSTAS – Beyza ÖZKORUL |
| Address | Cumhuriyet Blv. Erdem Sk. No:1 I/27 Pendik/ Istanbul, Turkey |
| Phone | +90 533 709 70 68 |
| info@diavenustas.com | |
| MERSIS No | 40252074206 |
1.2 Buyer
| Name / Surname | |
| Address | |
| Phone | |
Hereinafter referred to as “BUYER”.
Article 2 – Subject
The subject of this agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered electronically by the BUYER from the website www.diavenustas.com (“Website”) owned by the SELLER.
Article 3 – Basic Features, Sales Price and Delivery Information of the Product Subject to the Agreement
The Name, Quantity, Sales Price Including VAT and Delivery Information of the products are as specified below.
Article 4 – General Provisions
4.1 The BUYER declares that they have read and been informed of the preliminary information on the Website regarding the basic characteristics of the product subject to the agreement, the sales price including all taxes, and the payment method, as well as delivery and that its costs will be borne by the BUYER unless otherwise stated, the delivery period, and the SELLER’s full trade name, full address and contact information, and that they have been accurately and completely informed about the conditions for exercising the right of withdrawal, and have given the necessary confirmation electronically.
The BUYER may submit their requests and complaints using the contact channels specified above. Complaints and requests will be responded to by the SELLER’s customer service as soon as possible.
By confirming this agreement electronically, the BUYER confirms that they have been accurately and completely informed about the trade name, address, contact information, MERSIS number, basic features of the ordered products, sales price of the products including all taxes, payment and delivery information, the right of withdrawal and the procedures and conditions for exercising the right of withdrawal, which must be provided by the SELLER to the BUYER before the conclusion of distance contracts.
4.2 The product subject to the agreement shall be 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 place of residence, provided that it does not exceed 30 (Thirty) days from the order date. The 30-day period does not apply to products manufactured and prepared according to the consumer’s request or personal needs.
4.3 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 for the refusal of delivery by the person/organization to be delivered.
4.4 The SELLER cannot be held responsible for the failure to deliver the ordered product to the BUYER due to any problems encountered by the cargo company during the delivery of the product to the BUYER.
4.5 The SELLER is responsible for delivering the product subject to the agreement intact, complete, and in accordance with the specifications specified in the order.
4.6 In case of errors in product price, product description, product characteristics, etc. due to technical errors or material errors during the sale of the product on the Website, the SELLER has the right to cancel the order and refund the collected amounts to the BUYER in accordance with the relevant legislation.
4.7 Due to the handmade nature of the products offered on the www.diavenustas.com website and the difference in ordered ring sizes, there may be a difference of ±10% in weight, length, width, etc. characteristics after production.
4.8 If the SELLER cannot fulfill its obligations under the agreement due to the impossibility of fulfilling the product or service subject to the order, it shall notify the BUYER in writing or by permanent data storage within three days from the date it learns of this situation and refund all payments collected, including delivery costs if any, within fourteen days at the latest from the notification date.
4.9 In case it becomes impossible to fulfill the order and/or service after the campaign period ends, the SELLER reserves the right to supply a different product of equal quality and price with the BUYER’s approval in order to fulfill its obligation to perform under the agreement.
4.10 After the delivery of the product, if the relevant bank or financial institution does not pay the product price to the SELLER due to the unauthorized, illegal, or unlawful use of the BUYER’s credit card, bank card, and/or other payment systems offered on the Website by unauthorized persons not caused by the BUYER’s fault, the BUYER is obliged to return the relevant product to the SELLER within 3 (Three) days, provided that it has been delivered to them. In this case, shipping costs belong to the BUYER.
4.11 If the SELLER cannot deliver the product subject to the agreement within the period due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation that prevent shipping, it is obliged to notify the BUYER. In this case, the BUYER has the right to cancel the order and terminate the agreement. In case of termination of the Agreement, the SELLER is obliged to refund all payments collected, including delivery costs if any, to the BUYER in cash and in full within 14 (Fourteen) days following the receipt of the termination notice.
4.12 In accordance with paragraph 4 of Article 16 of the Distance Contracts Regulation No. 29188, which entered into force on 27.02.2015, in cases where the performance of the goods or services subject to the order becomes impossible, the seller or supplier is obliged to notify the consumer in writing or by permanent data storage within three days from the date it learns of this situation and to refund all payments collected, including delivery costs if any, within fourteen days at the latest from the notification date.
4.13 In cases where the BUYER exercises the 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 to the BUYER is decided by arbitration committee decisions, if the purchase was made by credit card and in installments, the SELLER pays the product price to the Bank in one lump sum. The Bank makes the refund to the BUYER in the same number of installments as the BUYER purchased the product. For bank transfer/EFT or cash on delivery options, the refund will be made by bank transfer and EFT to the account specified by the Consumer (the account must be in the name of the person at the invoice address or the user member) after requesting bank account information from the Consumer.
4.14 The SELLER does not keep stock of all products offered for sale on www.diavenustas.com. Ordered products are manufactured when deemed necessary. However, for various reasons, production of ordered products that are not in stock may not be possible. All orders are subject to availability in stock. In case of supply difficulties or when the product is no longer in stock, DIA VENUSTAS reserves the right to inform the customer about similar or different category and value substitute products that can be ordered. If the customer does not wish to order substitute products, the SELLER will refund the amount paid for the unwanted substitute product to the BUYER.
Article 5 – Right of Withdrawal
The BUYER has the right to withdraw from the agreement within 14 (Fourteen) days without giving any reason.
In accordance with Article 15 of the Distance Contracts Regulation, for ring orders, since the ring size is prepared specifically for the individual, there is no right of withdrawal (cancellation and return right) under legal conditions. However, specific to diavenustas.com, cancellations and returns for ring orders are processed with a 5% deduction.
The withdrawal period starts on the day the agreement is concluded for service performance contracts; for goods delivery contracts, 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 during the period from the conclusion of the agreement to the delivery of the goods.
In case the right of withdrawal is exercised, delivery costs for returns made with a carrier company other than the carrier specified in this agreement belong to the BUYER.
In determining the withdrawal period:
- The delivery of the goods by the seller to the carrier is not considered as delivery to the consumer.
- In contracts where goods delivery and service performance are made together, the provisions on the right of withdrawal regarding goods delivery shall apply.
To exercise the right of withdrawal, the SELLER must be notified by phone or email within 14 (Fourteen) days, and the product must not fall 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 in a condition that can be offered for sale again by the SELLER. In case of exercising this right:
a) The invoice of the product delivered to a third party or the BUYER (If the invoice of the product to be returned is corporate, it must be sent to the SELLER within 10 (Ten) days together with the return invoice issued by the institution. Order returns with invoices issued to corporations cannot be completed without a RETURN INVOICE being issued).
b) Within 14 (Fourteen) days from the submission of the withdrawal request, the products to be returned must be returned to the SELLER complete and undamaged, together with their box, packaging, certificates, gift products and accessories if any, and gift vouchers. If any of these materials are not sent or are damaged even if caused by the shipping company, the refund will be completed by deducting the cost of the material from the refund amount. The BUYER should contact the SELLER using the specified contact information to learn which procedure to follow for these transactions.
The designated carrier within the scope of the right of withdrawal is Yurtiçi Kargo.
The product price will be refunded to the BUYER within 14 (fourteen) days following the receipt of the withdrawal request by the SELLER.
Article 6 – Products for Which the Right of Withdrawal Cannot Be Used
a) Contracts for goods prepared in accordance with the consumer’s requests or personal needs. Therefore, when production is made in a color different from the metal color offered on the website at the BUYER’s request, or for special orders given outside the ring size range, necklace and bracelet length offered on the website, or when changes such as ring size, necklace, bracelet length and model changes are made at the BUYER’s request after the delivery of the ordered product to the BUYER, these goods specially produced according to the customer’s special requests fall within the scope of products for which the right of withdrawal cannot be used. In accordance with Article 15 of the Distance Contracts Regulation, for ring orders, since the ring size is prepared specifically for the individual, there is no right of withdrawal (cancellation and return right) under legal conditions. However, specific to diavenustas.com, cancellations and returns for ring orders are processed with a 5% deduction.
b) Contracts for goods or services whose price depends on fluctuations in financial markets that are not under the control of the SELLER or supplier.
c) Contracts for the delivery of goods that may spoil quickly or have a short expiration date.
d) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery, and whose return is not suitable for health and hygiene reasons.
e) Contracts for goods that are mixed with other products after delivery and cannot be separated by their nature.
f) Contracts for books, digital content, and computer consumables presented in physical media, whose protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.
g) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
h) Contracts related to accommodation, goods transportation, car rental, food and beverage supply, and leisure time activities for entertainment or recreation purposes that must be made on a specific date or period.
i) Contracts for movables whose registration is mandatory according to the Highway Traffic Law No. 2918 dated 13/10/1983, and unmanned aerial vehicles that are subject to registration or registration obligation.
j) Contracts for services performed instantly electronically or intangible goods delivered instantly to the consumer. Contracts for mobile phones, smart watches, tablets, and computers that have been delivered to the consumer.
k) Contracts for services whose performance has begun with the consumer’s approval before the expiration of the right of withdrawal period. Contracts concluded through open auction in the form of live auction.
l) Products delivered to an address outside the Turkish Customs Territory as a result of the Buyer declaring an international delivery address are outside the scope of return. Contracts for goods whose installation or assembly by the seller or authorized service is stated in the promotional and user manual, for which installation or assembly has been made.
Article 7 – Applications for Dispute Resolution
In case the BUYER has a complaint about their order and/or the product subject to their order and/or any matter related to their order, they may submit their complaints to the SELLER through the contact information specified above. Submitted complaint applications will be recorded, evaluated by authorized units and attempted to be resolved, and feedback will be provided as soon as possible.
In addition, the BUYER may submit their applications regarding complaints and objections to the consumer problems arbitration committee or consumer court at the place where they purchased the goods or services or where their residence is located, within the monetary limits determined by the Ministry of Customs and Trade every December.
Bakırköy Courts and Enforcement Offices are authorized to resolve disputes arising from the application of this agreement.
Seller
| Trade Name | DIA VENUSTAS – Beyza ÖZKORUL |
| Address | Cumhuriyet Blv. Erdem Sk. No:1 I/27 Pendik/ Istanbul, Turkey |
Buyer
| Address | |
| Date |