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DISTANT SALES AGREEMENT

Article 1 – Parties

1.1 Seller

Ma’noka Hair Jewellery

Tayahatun Mh. Acıçeşme Sk. Zincirli Han No 7-11/20 Fatih/İSTANBUL

Tel: (0212) 528 00 17-18

Mail: info@manokajewellery.com

1.2. Buyer

Name – Surname / TR ID No: Member Name / TR ID No
Address: Member Address
Phone Number: Member Phone Number
E-mail: Member E-mail

Article 2 – Subject

The subject of this agreement is the detection or rights and responsibilities of the parties with regards to the Customer Protection Act number 4077 and Regulation on Distant Sales Agreements related to the sales and delivery of the product, the qualities and sales price of which are stated below which the BUYER ordered over the website of the SELLER https://manokajewellery.com/

The Buyer accepts and declares under the provisions of this contract that it has been given all preliminary information about the purchased goods, such as the seller’s name, title, full address, telephone number, and other contact information, basic characteristics of the purchase goods, sales price including taxes, method of payment, delivery conditions and costs, etc.  right of “withdrawal” and how to use such right, official authorities to raise objections, etc. by the seller in a format suitable for the internet clearly, comprehensibly and that it has confirmed this preliminary information online and then ordered the goods.

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

Article 3- Contractual Good/Payment/Delivery Information

The type and kind, quantity, brand/model, sales price, payment method, delivery person, delivery address, invoice information, a shipping fee of the product/products purchased in an electronic environment are as follows. The person to be invoiced and the person executing the agreement must be the same. The information below must be correct and complete. If this information is not correct or is missing, the buyer agrees to any liability that may arise therefrom, and to cover any losses will arise from these cases.

In cases it deems necessary, the SELLER reserves the right to discontinue the order when the buyer’s information is not accurate. In cases where the SELLER detects a problem in the order, if the SELLER cannot reach the BUYER from the phone, e-mail, and postal addresses given by the BUYER, the SELLER shall freeze the execution of the order for 15 (fifteen) days. The BUYER is expected to communicate with the SELLER regarding the issue during this period. If no response is received from the BUYER within this period, the SELLER shall cancel the order in order to prevent damage to both parties.

Article 4- Date of the Agreement and Force Majeure

The agreement date is the date on which the order is placed by the buyer.

Situations that do not exist or are not foreseen at the time of signing the agreement, that develops outside the control of the parties, which make it impossible for one or both of the parties to fulfill their obligations and responsibilities imposed hereunder, or to fulfill them on time, will be accepted as force majeure (natural disaster, war, terrorism, uprising, changing legislative provisions, seizure or stroke, lockout, significant malfunction in production and communication facilities, etc.). The party taking place in the person of force majeure will notify the other party immediately and in writing.

During the term of force majeure, the parties will not be held responsible for not being able to execute their obligations. If this force majeure event persists for a period of 30 (thirty) days, each of the parties will be entitled to unilaterally terminate the agreement.

Article 5- Rights and Obligations of the Seller

5.1. The Seller accepts and undertakes to perform the contracted duties completely as per the provisions of Law no. 4077 on the Protection of Consumers and Regulation on Distant Sales Agreements except for force majeure events.

5.2. Persons under the age of 18 (eighteen) cannot shop at www.manokajewellery.com. The seller will assume that the age specified by the buyer in the agreement is correct. However, the seller will not be liable in any way in case the buyer declares the wrong age.

5.3. Http:// www.manokajewellery.com is not responsible for price inaccuracies caused by system errors. Accordingly, the seller is not responsible for the promotional or price errors that may arise from the system, design, or illegal interventions to the website. The buyer cannot claim rights from the seller based on system errors.

5.4. At http:// www.manokajewellery.com you can make purchases by credit card (Visa, MasterCard, etc.) or by bank transfer. Orders that are not paid within one week from the date of the order are canceled. The processing time of orders is not the moment when the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (EFT) reaches the bank accounts. Payment methods such as paid delivery or postal check without consulting customer service are not accepted.

Article 6- Rights and Obligations of the Buyer

6.1. The Buyer accepts and undertakes to fully perform the deeds it undertook hereunder, except for force majeure events.

6.2. The  Buyer accepts and undertakes to be considered as it accepted the provisions of this agreement by placing an order and to make the payment in accordance with the payment method.

6.3. The Buyer accepts and declares that they have been received all preliminary information about the sold goods, such as the seller’s name, title, full address, telephone number and other contact information, basic characteristics of the sold goods, sales price including taxes, method of payment, delivery conditions and costs, etc. as well as the right of “withdrawal” and how to use such right, official authorities to raise objections, etc. via the over http:// www.manokajewellery.com website clearly, comprehensibly and in a format suitable for the internet environment, and that they have confirmed such preliminary information in electronic media.

6.4. Depending on the previous article, the Buyer declares that they have read the order/payment/usage procedure information of www.manokajewellery.com, which includes product order and payment conditions, product usage instructions, precautions taken, and warnings made against possible situations, and has given the necessary confirmation electronically.

6.5. If the buyer wishes to return the product they received, they agree and undertake not to damage the product and its packaging in any way, and to return the original invoice and delivery note at the time of return.

Article 7- Order/Payment Procedure

Order:

The TL amount including VAT (total installment amounts in installment transactions) of the products added to the shopping cart is processed through the pos device of the relevant bank card after it is approved by the buyer. For this reason, an order confirmation mail is sent to the customer before the orders are shipped. No shipment is made without sending an order confirmation mail.

Any disruption in the process or any problems that may arise in relation to the credit card will be notified to the buyer by using one or more of the telephone/fax/e-mail channels specified herein. If necessary, the buyer may be asked to contact the bank. The processing time of the orders is not the moment when the order is placed, but the moment when the necessary collection is made from the credit card account or the transfer (or EFT) reaches the seller accounts.

Exceptionally, if it is understood that the goods hereunder cannot be supplied for a justified reason and / or there is a stock problem, the buyer will be immediately informed clearly and if the buyer approves, another product of equal quality and price may be sent to the buyer or, as per the buyer’s desire and choice, another new product may be sent, it may be waited for the product to enter the stocks or for another obstacle that prevents delivery to be removed and / or the order may be canceled.

In cases where it becomes impossible to fulfill the obligation to deliver the contracted goods, the buyer will be informed of this situation and the total price paid and any documents that put him under debt, if any, will be returned to him within ten days at the latest and the agreement will be canceled. In such a case, the buyer will not have any additional material and non-material damage requests from the seller.

Payment:

At http:// www.manokajewellery.com, buyers who do not wish to use their credit card information over the internet are provided with cash transfer order opportunities. In the payment by money order, the buyer can choose the most suitable bank and make the transfer. If payment was made through EFT, the date of receiving the payment will be taken into account. It is necessary for the “Sender Information” to be the same as the Invoice Information and the order number to be written when making money transfer and / or EFT.

In case the relevant bank or finance institution does not pay the Seller the product price after the product delivery due to the unlawful or illegal use of the credit card of the Buyer by unauthorized third parties which is not caused by the negligence of the Buyer, the Buyer is obligated to send the delivered product to the Seller within 10 days. In such cases, the transportation costs belong to the Buyer.

If the buyer chooses to pay by credit card, the BUYER accepts, declares, and undertakes that he/she will separately confirm the information such as relevant interest rates and default interest from the bank, that the provisions related to the interest and default interest under the legislation in force will be applied as per the “Credit Card Agreement” between the Bank and the BUYER.

Article 8- Shipment / Delivery Procedure

Shipment:

With the sending of the order confirmation e-mail, the product/products are delivered to the shipping company with which the seller is contracted.

Delivery :

Product/products will be delivered by courier to the address of the buyer. The delivery time is 30 days from the sending of the order confirmation e-mail and the establishment of the contract. This period may be extended for a maximum of ten days, provided the buyer is notified in advance in writing or with a continuous data carrier.

Products are sent to the areas where the cargo company does no make deliveries with phone notice.

In areas where the cargo company delivers in 1 day, in the cases of shipping information is missing or incorrect, social events or natural disasters may cause latency in delivery. The seller cannot be held liable by the buyer due to such latencies. If the product is to be delivered to another person/organization from the Buyer, the seller is not responsible for the extra shipping costs that may arise from the person/organization not accepting the delivery, inaccuracies in the shipping information, and/or the Buyer’s not being in place. If the goods were not delivered within the specified time frame, delivery problems must be immediately forwarded over the info@manokajewellery.com email address to the customer services.

In case of the damaged package; Damaged packages should not be received and a report should be submitted to the Cargo Company official. If the cargo company official is fşrmly in the opinion that the package is not damaged, the buyer holds the right to open the package that moment and ask for an official record of the condition of the goods delivered. After the packet is received by the recipient it is accepted that the cargo company has done their duty fully. If the package has not been accepted and the report has been kept, the situation should be reported to the seller Customer Service as soon as possible, together with the remaining copy of the report at the Buyer.

Article 9- Procedure Regarding the Return and Right to Withdrawal of the Product

Product Returns:

The buyer has the right to withdraw within fourteen days after the delivery of the product without any reason and without any penalty. In accordance with the general communiqué of the tax procedure law numbered 385, the buyer must send the invoice of the seller together with the product to the seller in order to be able to perform the return transactions. The right of withdrawal period begins from the day the products were delivered to the buyer. The shipment cost of the returned product or products shall be covered by the buyer.

There is no right to withdraw for the goods which are prepared by the buyer’s willingness and / or clearly for his personal needs.

In case the buyer uses the right of withdrawal, the seller shall refund the total price which he has received within ten days at the latest from receipt of the declaration including the notification of withdrawal with the product, and any document which puts the consumer into debt, without any cost to the consumer.

The decline in the value of the delivered goods or the existence of a reason that makes it impossible to return does not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of the return is due to the consumer’s fault, they must compensate for the value or the decrease in the value of the goods to the seller.

The general return time for each product taken by mistake is 14 days. During this period, the products which are opened, used, destroyed, and are not packed shall not be accepted. Return must be made in original packaging.

In cases where any opening, deterioration, breakage, destruction, tearing, use, and other conditions are detected in the product that is taken by mistake and its packaging, and if the product cannot be returned in the state it was delivered to the buyer, the product will not be returned and the price will not be refunded.

For product returns, the situation should first be communicated to customer service. The information about the return of the product is sent to the customer by the seller. After this consultation, the invoice containing the information about the return of the product should be delivered to the seller via the Kargo company which delivers to the addressee of the addressee. Returned goods delivered to the seller shall be deemed to be refundable if the business satisfies the conditions specified in this contract, and a refund will be made to the buyer credit card/account. No price refund shall be made without returning the product. It is the disposal of the relevant bank to ensure that the refunds made to the credit card are reflected on the credit card accounts.

If the shopping is made with a credit card and in installments, the credit card refund procedure will be applied as follows: If the buyer has submitted the purchase request with the number of installments, the Bank pays the buyer in installments. After the seller pays the entire amount of the product to the bank at one time, the repayment amount requested by the participating parties for the disadvantage of the disputing parties to be transferred to the bearer account is transferred by the Bank to the bearer party accounts in installments in installments made from Bank POs. The installment amounts paid by the buyer until the sale is canceled shall be refunded to the card every month if the return date does not coincide with the account cutoff dates of the card and the installments that the buyer has paid before the return is due for the installment of the installment, will have fallen from their current debts.

In the case of goods and services purchased by card, the seller can not pay cash to the buyer in accordance with the contract he has made with the Bank. In case of a refund transaction, the member merchant, ie the seller, will make an invoice via the related software and since the member merchant, ie the seller, is obliged to pay the bank in cash or as a reduction, the payment is not done in cash to the buyer as per the procedure explained in detail above. The refund to the credit card will be made by the Bank in accordance with the above procedure after the buyer has paid the bank the amount in a single transaction.

Article 10-Warranty

The products that are used and cleaned in accordance with the instructions for use are guaranteed for 2 years against all kinds of product defects under the following conditions: The warranty liability of the seller is only valid for the consumers covered by the law numbered 4077. For commercial business, the provisions of the Turkish Commercial Code will be applied.

Article 11 – Confidentiality

The information stated by the buyer and the information stated to make the payment by the buyer will not be shared by third parties. The seller will be able to disclose this information only in the presence of an administrative/legal obligation. If the seller has the information requested from them within the scope of any judicial investigation with the documented capacity to investigate, they can provide it to the relevant authority.

Credit Card information will not be stored and is used only for the purpose of providing the authorization to the relevant banks in a secure manner during the collection process and is deleted from the system after provisioning. Information such as the buyer’s e-mail address, postal address, and telephone number are used only by the seller for standard product delivery and information procedures. Occasionally, campaign information, new product information, promotion information can be sent to the buyer after their consent.

Article 12- Authorized Court and Enforcement Offices in Case of Dispute

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

If the order occurs, the Buyer is deemed to have accepted all the terms of this agreement.

LAW ON THE PROTECTION OF THE CONSUMER

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