Article 1 – Parties

1.1. Satıcı

Name: WINTECHPRO JEWELRY INDUSTRY AND TRADE CO. LTD.
Address: Halaskargazi, Halaskargazi Street 38-66 E 215, Şişli
Phone: 444 9 866
Email: [email protected]

1.2. Alıcı

Name – surname/TC.No
Address
Phone
E-mail

Article 2- Subject

The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the SELLER’s website http://www.senecajewelry.com.tr.

The buyer accepts and declares that he/she has been informed by the seller in a clear, understandable and internet-friendly manner about the seller’s name, title, full address, telephone and other contact information, basic characteristics of the goods for sale, sales price including taxes, payment method, delivery conditions and expenses, etc., all preliminary information about the goods for sale, the use of the right of “withdrawal” and how to use this right, official authorities to whom he/she can submit his/her complaints and objections, etc., and that he/she has confirmed this preliminary information electronically and subsequently ordered the goods, in accordance with the provisions of this contract.

The preliminary information on the website http://www.senecajewelry.com.tr and the invoice issued upon the order placed by the buyer are integral parts of this contract.

Article 3 – Contractual Product/Payment/Delivery Information

The type and kind of product/products purchased electronically, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information, and shipping fee are as follows. The person to be invoiced and the person who made the contract must be the same. The information below must be accurate and complete. The buyer agrees to fully cover any damages that may arise from the inaccuracy or incompleteness of this information, and the buyer also accepts all liability that may arise from this situation.

SELLER reserves the right to stop the order when deemed necessary and if the information provided by the BUYER does not match the truth. If SELLER detects a problem with the order and cannot reach the BUYER via the phone, e-mail and postal addresses provided by the BUYER, it will freeze the order for 15 (fifteen) days. BUYER is expected to contact the SELLER regarding the issue within this period. If no response is received from the BUYER within this period, SELLER will cancel the order in order to prevent damage to both parties.

Product/Products Purchased

Name, code: … piece
Total Sales Price: …. -TL
Payment Method: Credit Card/Bank Transfer (EFT)
Delivery Person:
Telephone Number:
Delivery Address:
Invoice Person/Institution:
Invoice Address:
Tax Office:
Tax Registration Number:
Shipping Fee: … -TL

Article 4 – Contract Date and Force Majeure

The contract date is ../../…., which is the date on which the order is placed by the buyer.

Situations that do not exist or are not foreseen at the time the contract is signed, that develop beyond the control of the parties, and that make it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities undertaken under the contract or to fulfill them on time, will be considered force majeure (natural disaster, war, terrorism, riot, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc.). The party in whose person the force majeure occurs will notify the other party of the situation immediately and in writing.

During the continuation of force majeure, the parties will not be held liable for any failure to fulfill their obligations. If this force majeure situation continues for 30 (thirty) days, each party will have the right to terminate unilaterally.

Article 5 – Rights and Obligations of the Seller

5.1. Satıcı, 4077 sayılı Tüketicilerin Korunması Hakkındaki Kanun ve Mesafeli Sözleşmelere Dair Yönetmelik hükümleri uyarınca sözleşmede kendisine yüklenen edimleri mücbir haller dışında eksiksiz yerine getirmeyi kabul ve taahhüt eder.

5.2. 18 (on sekiz) yaşından küçük kişiler ……………’den alışveriş yapamaz. Satıcı, alıcının sözleşmede belirttiği yaşının doğru olduğunu esas alacaktır. Ancak alıcının yaşını yanlış yazmasından dolayı satıcıya hiçbir şekilde sorumluluk yüklenemeyecektir.

5.2. Sistem hatalarından meydana gelen fiyat yanlışlıklarından http://www.senecajewelry.com.tr sorumlu değildir. Buna istinaden satıcı, internet sitesindeki sistemden, dizayndan veya yasadışı yollarla internet sitesine yapılabilecek müdahaleler sebebiyle ortaya çıkabilecek tanıtım, fiyat hatalarından sorumlu değildir. Sistem hatalarına dayalı olarak alıcı satıcıdan hak iddiasında bulunamaz.

5.3. http://www.senecajewelry.com.tr den kredi kartı (Visa, MasterCard , vs. ) ya da banka havalesi ile alışveriş yapılabilir. Sipariş tarihinden itibaren bir hafta içinde havalesi yapılmayan siparişler iptal edilir. Siparişlerin işleme alınma zamanı, siparişin verildiği an değil, kredi kartı hesabından gerekli tahsilatın yapıldığı ya da havalenin (EFT’nin) banka hesaplarına ulaştığı belirlenen andır. Ödemeli gönderi ya da posta çeki gibi müşteri hizmetleri ile görüşülmeden gerçekleştirilen ödeme yöntemleri kabul edilmez.

Article 6 – Rights and Obligations of the Buyer

6.1. Alıcı, sözleşmede kendisine yüklenen edimleri mücbir sebepler dışında eksiksiz yerine getirmeyi kabul ve taahhüt eder.

6.2. Alıcı, sipariş vermekle birlikte iş sözleşme hükümlerini kabul etmiş sayıldığını ve sözleşmede belirtilen ödeme şekline uygun ödemeyi yapacağını kabul ve taahhüt eder.

6.3. Alıcı, http://www.senecajewelry.com.tr internet sitesinden satıcının isim, unvan, açık adres, telefon ve diğer erişim bilgileri , satışa konu malın temel nitelikleri, vergiler dahil olmak üzere satış fiyatı , ödeme sekli, teslimat koşulları ve masrafları vs. satışa konu mal ile ilgili tüm ön bilgiler ve “cayma” hakkının kullanılması ve bu hakkın nasıl kullanılacağı , şikayet ve itirazlarını iletebilecekleri resmi makamlar vs. konusunda açık , anlaşılır ve internet ortamına uygun şekilde bilgi sahibi olduğunu bu ön bilgileri elektronik ortamda teyit ettiğini kabul ve beyan eder.

6.4. Bir önceki maddeye bağlı olarak Alıcı, ürün sipariş ve ödeme koşullarının, ürün kullanım talimatlarının , olası durumlara karşı alınan tedbirlerin ve yapılan uyarıların olduğu http://www.senecajewelry.com.tr sipariş/ödeme/kullanım prosedürü bilgilerini okuyup bilgi sahibi olduğunu ve elektronik ortamda gerekli teyidi verdiğini beyan eder.

6.5. Alıcı, aldığı ürünü iade etmek istemesi durumunda ne surette olursa olsun ürüne ve ambalajına zarar vermemeyi, iade anında fatura aslını ve irsaliyesini iade etmeyi kabul ve taahhüt eder.

Article 7 – Order/Payment Procedure

Order:

After the TL amount (total installment amounts in installment transactions) of the products added to the shopping cart including VAT is approved by the buyer, it is processed through the POS of the relevant bank card. Therefore, an order confirmation e-mail is sent to the customer before the orders are shipped. Shipment is not made without sending the Order Confirmation e-mail.

Any disruption in the process or problems that may arise regarding the credit card will be notified to the buyer using one or more of the telephone/fax/e-mail methods specified in the contract. If necessary, the buyer may be asked to contact his/her bank. The time the orders are taken into process is not the time the order is given, but the time when the necessary collection from the credit card account is made or when it is determined that the transfer (EFT) has reached the seller’s account.

Exceptionally, if it is understood that the goods subject to the contract cannot be supplied due to a justified reason and/or a stock problem is encountered, if the buyer is informed immediately in a clear and understandable manner and gives his/her approval, another good of equal quality and price can be sent to the buyer or, in line with the buyer’s wish and choice, another new product can be sent, it can be waited for the product to be in stock or for the other obstacle preventing delivery to be eliminated and/or the order can be cancelled.

In cases where it becomes impossible to fulfill the obligation to deliver the goods subject to the contract, the buyer is informed of this situation, the total amount paid and any documents that put him under debt are returned to him within ten days at the latest, and the contract is cancelled. In such a case, the buyer will not have any additional material or moral damage claims from the seller.

Payment:

At http://www.senecajewelry.com.tr, cash transfer order options are offered to buyers who do not want to use their credit card information on the internet. In payment by transfer, the buyer can choose the most suitable bank for them and make the transfer. If EFT is made, the date of transfer to the account will be taken into account. When making a transfer and/or EFT, the “Sender Information” must be the same as the Invoice Information and the order number must be written.

If the relevant bank or financial institution does not pay the price of the product to the Seller due to the unfair or illegal use of the Buyer’s credit card by unauthorized persons for reasons not caused by the Buyer’s fault after the delivery of the product, the Buyer is obliged to send the product delivered to him to the Seller within 10 days. In such cases, the shipping costs belong to the Buyer.

If the Buyer has preferred to pay by credit card, the BUYER accepts, declares and undertakes that he/she will also confirm the relevant interest rates and default interest information from his/her bank, and that the provisions regarding interest and default interest will be applied within the scope of the “Credit Card Agreement” between the Bank and the BUYER in accordance with the provisions of the legislation in force.

Article 8 – Shipping/Delivery Procedure

Shipping:

Once the order confirmation email is sent, the product(s) are delivered to the courier company that the seller has a contract with.

Delivery:

The product/products will be delivered to the buyer’s address by the courier company that the seller has an agreement with. The delivery period is 30 days from the date of sending the order confirmation e-mail and the establishment of the contract. This period may be extended by a maximum of ten days, provided that the buyer is notified in writing or via a permanent data carrier in advance.

Products are sent to areas where cargo companies do not deliver to addresses with a phone notification.

In regions where the Cargo Company delivers once a week, in cases of inaccuracies or deficiencies in the shipping information, in some social events and natural disasters, there may be a delay in the specified day period. The buyer cannot impose any liability on the seller due to these delays. If the product is to be delivered to a person/organization other than the Buyer, the seller is not responsible for any extra shipping costs that may arise from the person/organization to whom the product will be delivered not accepting the delivery, the incorrect shipping information and/or the Buyer not being at the location. If the product/products have not reached the customer within the specified days, delivery problems should be reported immediately to customer services using the [email protected] e-mail address.

In case of damaged packages; Damaged packages should not be accepted and a report should be prepared by the Cargo Company. If the Cargo Company official is of the opinion that the package is not damaged, the buyer has the right to open the package there, check that the products were delivered without damage and request that the situation be recorded in a report. Once the package is received by the Buyer, it is accepted that the Cargo Company has fulfilled its duty. If the package is not accepted and a report is prepared, the situation should be reported to the seller Customer Services as soon as possible, together with the copy of the report that is kept by the Buyer.

Article 9 – Procedure for Product Return and Right of Withdrawal

Product Returns:

The buyer has the right to withdraw from the contract within seven days after receiving the goods without giving any reason and without paying any penalty. In order for the return transactions to be carried out in accordance with the general circular of the tax procedure law numbered 385, the buyer must fill in the return sections at the bottom of the 2 invoices belonging to the seller delivered with the goods completely and correctly, sign them and send one copy to the seller with the product and keep the other copy. The right of withdrawal period starts from the day the goods are delivered to the buyer. The return shipping cost of the returned product or products must be covered by the buyer.

There is no right of withdrawal for goods that are prepared in accordance with the buyer’s wishes and / or clearly in line with their personal needs.

If the buyer exercises his right of withdrawal, the seller will refund the total price received and any documents that put the consumer in debt, if any, within ten days at the latest from the date the invoice containing the notice of withdrawal reaches the seller together with the product, without charging any cost to the consumer.

The decrease in the value of the goods received or the existence of a reason that makes return impossible does not prevent the right of withdrawal from being exercised. 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 of the goods or the decrease in its value.

The general return period for any product purchased by mistake is 7 days. During this period, returns of products that have been opened, used, damaged, etc. will not be accepted. Returns must be made in the original packaging.

If the product or its packaging is opened, damaged, broken, destroyed, torn, used or any other conditions are detected in the product or its packaging purchased by mistake and if the product cannot be returned in the same condition as when it was delivered to the buyer, the product will not be accepted for return and the price will not be refunded.

For product returns, the situation must first be communicated to customer services. The information that the product is being sent back is communicated to the customer by the seller. After this conversation, the product must be delivered to the seller via the Cargo company that delivers to the recipient’s address, together with the invoice containing the information about the return. If the returned product reaches the seller and meets the conditions specified in this contract, it will be accepted as a return and the refund will be made to the recipient’s credit card/account. No refund will be made without returning the product. The period for the reflection of refunds made to a credit card on credit card accounts is at the discretion of the relevant bank.

If the purchase was made with a credit card and in installments, the credit card refund procedure will be applied as follows: The Bank makes the refund to the Buyer in installments, depending on the number of installments the Buyer requested to purchase the product. After the Seller pays the Bank the entire product price in one go, in case the installment expenses made from the Bank POS are refunded to the Buyer’s credit card, the requested refund amounts are transferred to the holder accounts by the Bank in installments so that the parties involved in the matter do not suffer. The installment amounts paid by the Buyer until the cancellation of the sale, if the refund date and the card’s statement closing dates do not coincide, will be reflected on the card as 1 (one) refund each month, and the Buyer will receive the installments paid before the refund for an additional month after the sale installments are completed, as many months as the number of installments paid before the refund, and will be deducted from their current debts.

In case of return of goods and services purchased with the card, the seller cannot make a cash payment to the buyer in accordance with the contract made with the Bank. In case of a return transaction, the member business, namely the seller, will make the refund through the relevant software, and since the member business, namely the seller, is obliged to pay the relevant amount to the Bank in cash or on account, payment cannot be made to the buyer in cash in accordance with the procedure detailed above. Refund to the credit card will be made by the Bank in accordance with the above procedure after the buyer pays the amount to the Bank in a single payment.

Article 10 – Warranty

Products that are used and cleaned in accordance with the instructions for use are guaranteed for 2 years against any manufacturing defects under the conditions specified below: The seller’s warranty liability only applies to consumers who fall within the scope of Law No. 4077. For commercial transactions, the provisions of the Turkish Commercial Code shall apply.

Article 11 – Confidentiality

The information provided by the buyer to the seller for the purpose of making payment with the information specified in this contract will not be shared by the seller with third parties. The seller may only disclose this information within the framework of the existence of an administrative/legal obligation. If the seller has the information requested from him/her within the scope of any legal investigation with documented investigative capacity, he/she may provide it to the relevant authority.

Credit Card information is never stored, Credit Card information is only used to obtain authorization by securely transmitting it to the relevant banks during the collection process and is deleted from the system after authorization. Information such as the buyer’s e-mail address, mailing address and telephone are only used by the seller for standard product delivery and notification procedures. In some periods, campaign information, information about new products, and promotional information may be sent to the buyer after approval.

Article 12 – Competent Courts and Enforcement Offices in Case of Dispute

In case of dispute arising from the implementation of this contract, Consumer Arbitration Committees and Consumer Courts at the place of residence of the Buyer or Seller are authorized up to the value declared by the Ministry of Industry and Trade every December.

If the order is placed, the Buyer is deemed to have accepted all the terms of this contract.