YVRIS DISTANCE SALES CONTRACT

 

1. PARTIES

This Distance Selling Agreement (“ Agreement ”) has been signed between the following parties under the terms and conditions set out below.

1. 1. SALES PERSON

The information of UZMAN KUYUMCULUK SAN. VE TİC. LTD. ŞTİ. ( “Yvris” or “Seller” ) located at the address of YENIBOSNA MERKEZ MAH.PROF.DR. M.NEVZAT PİSAK CAD.NO:4/2-14 BAHÇELİEVLER is as follows.

Title: UZMAN KUYUMCULUK SAN. VE TİC. LTD. ŞTİ.

Registration Number: 323769-0

Mersis No: 0901-0019-9290-0011

Phone: 2125180262

Fax: 02125510611

Email address: yvris@yvris.co

1. 2. BUYER

The information of the internet user (“ Buyer ”) who places an order through the website named https://www.yvris.co/ (“ Website ”) is as follows.

Name – Surname: {{InvoiceAddress.Name}}

Phone: {{InvoiceAddress.Gsm}}

Address: {{InvoiceAddress.Address}}

Email address: {{MemberEMail}}

2. SUBJECT

This Agreement has been made between the Buyer and the Seller for online sales under the following conditions in accordance with the Law on the Protection of Consumers No. 6502, the Distance Contracts Regulation No. 29188 and the Regulation on Amendments to the Distance Contracts Regulation published in the Official Gazette dated 23.08.2022 and numbered 31932.

With this Agreement, the Buyer accepts and declares that they are aware of and understand the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts and the Regulation on Amendments to the Regulation on Distance Contracts, regarding the sale and delivery of the product /products, the qualities, quantities and sales prices of which are specified in Article 3 below (all together, the " Product" or "Products "), which they ordered electronically from the Seller's Website.

3. PRODUCTS SUBJECT TO CONTRACT

3.1 Product Information:

Details regarding the product/products ordered by the Buyer are provided below.

Product Name: {{Products.Name}}

Product Quantity: {{Products.Quantity}}

Product Price: {{Products.TotalAmount}} 

Total Sales Price (VAT included): {{SubTotalAmount}}

3.2. Payment Method and Delivery Information

Payment Type: {{PaymentType}}

Delivery Address: {{ShipmentAddress.Address}}

Invoice Address: {{InvoiceAddress.Address}}

Ship To: {{ShipmentAddress.Name}}

4. GENERAL PROVISIONS

4.1 The Buyer declares that he/she has read and is informed about the preliminary information on the Site regarding the basic characteristics of the Product subject to the Contract, the total sales price including shipping, VAT and any other additional charges, the payment method and delivery and the expenses thereof to be covered by the Buyer, the delivery period and the Seller's trade name, full address, MERSIS number or tax identification number, other information regarding delivery and performance, and any commitments related to these, if any, and the seller or provider and intermediary service provider's complaint resolution methods and contact information, and that he/she approves the sale of the Product in the electronic environment. By confirming the Preliminary Information Form electronically, the Buyer confirms that he/she has correctly and completely obtained and approved the basic characteristics of the Products that should be given to him/her by the Seller before the conclusion of this Agreement, the title and contact information of the Seller, the sales price of the Products including taxes, payment and delivery information, the conditions, period, procedure and the foreseen cargo company for the use of the right of withdrawal, the contact address to which the withdrawal notification will be made, the cases in which the right of withdrawal cannot be used and will be lost, and the legal remedies he/she can resort to in case of dispute.

4.2. The Products subject to the Agreement shall be delivered to the Buyer or the person/organization at the address declared by the Buyer within the period specified in the preliminary information on the Site, depending on the distance of the Buyer's place of residence, provided that it does not exceed the legal period of 30 (thirty) days. This period should be evaluated separately for each Product ordered.

4.3. The shipping fee specified in this Agreement shall be paid by the Seller. The Seller cannot be held responsible for any problems that the cargo company may encounter during the delivery of the Products to the Buyer, originating from the Buyer, or for the failure to deliver the ordered Product to the Buyer due to the Buyer not being at the declared address.

4.4. If the Buyer is not at the delivery address declared in this Agreement, the Buyer will be responsible for the additional cargo cost that will occur due to the resending of the Products. If the Products are to be delivered to a person/organization other than the Buyer, the name/title of the person/organization to be delivered will be clearly and in writing stated by the Buyer, and the Seller cannot be held responsible for the failure of this person/organization to accept the delivery or failure of the delivery due to the failure of the person/organization to accept the delivery or failure of the delivery due to the failure of the person/organization to receive the Products at the address specified by the Buyer. The Buyer will be responsible for the additional cost that will occur due to the resending of the Products due to the failure of this person/organization to accept the delivery or failure of the delivery due to the failure of the person/organization to receive the Products at the address specified by the Buyer.

4.5 . The Seller is responsible for any loss or damage that occurs until the goods are delivered to the Buyer or a third party designated by the Buyer other than the carrier.

4.6. The Seller is responsible for the delivery of the Products subject to the Contract in a sound and complete manner, in accordance with the specifications specified in the order, and with warranty documents and user manuals, if any.

4.7. The product images on the Seller's website are for example purposes only. Since all products ordered are handmade, they may differ from the images.

4.8. The Seller may supply a different product of equal quality and price by informing the Buyer and obtaining his/her express approval before the expiry of the performance obligation arising from the Contract.

4.9. If the Seller cannot fulfill its obligations under the Contract due to the fact that the delivery of the Products to the Buyer becomes impossible, the Seller is obliged to notify the Buyer within 3 (Three) days after learning of this situation and to refund the entire amount collected from the Buyer within 14 (Fourteen) days following this notification.

4.10. For the delivery of the Products, it is mandatory to confirm the Preliminary Information Form electronically. If the Product price is not paid for any reason or the payment is cancelled in the bank records, the Seller is deemed to be relieved of its obligation to deliver the Product.

4.11. If the Seller cannot deliver the contractual product within the specified time due to force majeure events that develop beyond the will of the parties, are unforeseen and prevent and/or delay the parties from fulfilling their obligations, the Seller accepts, declares and undertakes to notify the Buyer. The Buyer also has the right to request the Seller to cancel the order, replace the contractual product with a similar one, if any, and/or postpone the delivery period until the preventive event is eliminated. In payments made by the Buyer via credit card/debit card, the product amount shall be returned to the relevant bank within 7 (Seven) days after the order is cancelled by the Buyer. The Buyer accepts, declares and undertakes that the average process for the amount returned to the credit card by the Seller to be reflected in the Buyer's account by the bank may take 2 (Two) to 3 (Three) weeks, and since the reflection of this amount in the Buyer's accounts after it is returned to the bank is entirely related to the bank transaction process, the Buyer cannot hold the Seller responsible for possible delays.

4.12. If the 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 must return the Product to the Seller within 3 (three) days, provided that it has been delivered to the Buyer. In this case, the shipping costs will be the Buyer's responsibility.

4.13. The Buyer is obliged to check that the product they ordered was delivered in accordance with the invoice/delivery receipt at the time of delivery and to sign the delivery receipt stating that they have received the products and to deliver it to the cargo company officer. Damaged packages should not be accepted and a report should be prepared by the Cargo Company officer. If the cargo company officer is of the opinion that the package is not damaged, the Buyer is obliged to open the package there and check that the products were delivered without damage and to request that the situation be recorded in a report. Once the package is received by the Buyer, it is deemed that the cargo company has fully performed its duty. If the damaged package is not accepted and a report is prepared, the situation should be reported to the Seller in writing as soon as possible, together with the copy of the report that remains with the Buyer. In the event of any damage caused by the cargo company, an additional period of 15 (fifteen) days will be added to the delivery if it is an existing product, and 30 (thirty) days will be added if it is a specially produced product.

5. RIGHT OF WITHDRAWAL
   1. The Buyer has the right of withdrawal without having to give any reason within 30 (thirty) days from the date the product is delivered to the carrier specified by the Seller or from the date the product reaches the Seller in case of delivery to a carrier not specified by the Seller.
   2. In order to exercise the right of withdrawal, the Product/Products must not fall within the scope of “Case(s) in which the Right of Withdrawal Cannot Be Exercised” specified in Article 6 of this Agreement.
   3. In accordance with paragraph (b) of Article 15 of the Distance Contracts Regulation, the right of withdrawal cannot be used for goods prepared in line with the consumer's wishes or personal needs.
   4. In order to benefit from the right of withdrawal, unused Product/Products must be returned with an invoice.
   5. The Buyer may make the withdrawal notification by filling out the “Return Form” on the Website. The Buyer may deliver the invoice for the products requested to be returned to any branch of the cargo company that delivered the Product/Products subject to this Agreement free of charge. The return form must be delivered complete and undamaged, together with the packaging of the products to be returned and, if any, standard accessories. The shipping cost arising from this transaction belongs to the Buyer.
   6. The Seller shall refund all payments collected, if any, to the Buyer within 14 (fourteen) days from the date of receipt of the notification regarding the right of withdrawal. The Buyer must also return the product in question within 14 (fourteen) days from the date of use of the right of withdrawal. The regulations regarding the cases in which the right of withdrawal cannot be used are reserved.
   7. 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 buyer's credit card/account. No refund will be made without returning the product. The time it takes for refunds made to a credit card to be reflected in credit card accounts is at the discretion of the relevant bank.
   8. Returns of products that have been used and/or damaged by the buyer are not accepted.
   9. If the value of the Products decreases or return becomes impossible due to a reason resulting from the Buyer's fault, the right of withdrawal cannot be exercised.
   10. The right of withdrawal and return fees are based on the price purchased. Products purchased during the discounted period are returned at the discounted price. The non-discounted price of the product cannot be claimed back.

 

6. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED

In accordance with article 15 of the Distance Contracts Regulation titled “Exceptions to the Right of Withdrawal”, the Buyer cannot exercise his right of withdrawal in the following cases.

• Goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider,
• In goods prepared in line with the consumer's wishes or personal needs, including personalized production,
• In the delivery of goods that can spoil quickly or whose expiration date may pass,
• Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; products that are not suitable for return in terms of health and hygiene,
• In goods that are mixed with other products after delivery and cannot be separated due to their nature,
• In the case of books, digital content and computer consumables offered in material form, if protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods,
• In the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement,
• In cases where accommodation, goods transportation, car rental, food and beverage supply and leisure time for entertainment or rest purposes are required to be done on a specific date or period,
• In services performed instantly in an electronic environment or intangible goods delivered instantly to the consumer,
• In services that are started to be performed with the consumer's approval before the expiration of the right of withdrawal period,
• In live auctions,
• In products that are installed or assembled from those specified in the introduction and user manual to be installed or assembled by the seller or authorized service.

7. DEFAULT EVENT AND ITS LEGAL CONSEQUENCES

In case the Buyer defaults in the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action, request the expenses and attorney fees from the Buyer and in any case, if the Buyer defaults due to his debt, the Buyer will be liable for the loss and damage suffered by the Seller due to the Buyer's delayed performance of the debt.

8. DISPUTE RESOLUTION

In determining the competent and authorized semi-authority in disputes arising from this Agreement, the provisions of the Consumer Protection Law No. 6502 shall be taken as basis. In case of disagreements in the articles of the Agreement, the Consumer Arbitration Committees and the Consumer Courts in the place of residence of the Buyer and the Seller shall have jurisdiction. Since the order is approved electronically, the Buyer shall be deemed to have accepted all the articles of this Agreement.

SELLER: Yvris

TO: {{InvoiceAddress.Name}}

DATE: {{Date}}