Sales Agreement
ARTICLE
1 - PARTIES
1.1 SELLER
Trade Name: THE MİM JEWELRY AND PRECIOUS STONE INDUSTRY TRADE
LIMITED COMPANY
Tax ID: 8430824436
Address: Yamanevler Neighborhood, Alemdağ Avenue, Nevzat Bey
Business Center No:141 Floor:1 Office No:12 34768, Ümraniye / ISTANBUL
Phone: +90 (506) 466 0 646
E-Mail: info@themimjewel.com
MERSIS No: 0843082443600001
Here in after referred to as the "SELLER."
1.2 BUYER
Full Name:
Address:
Phone:
E-mail address:
Here in after referred to as the "BUYER."
ARTICLE
2 - SUBJECT
The subject of this agreement is to determine the rights and
obligations of the parties in accordance with the provisions of the Law on the
Protection of Consumers No. 6502 and the Distance Contracts Regulation
regarding the sale and delivery of the product specified below, which the BUYER
has ordered electronically from the SELLER's website themimjewel.com
("Website").
ARTICLE
3 – CONTRACT
INFORMATION REGARDING THE MAIN FEATURES, SALES PRICE, AND DELIVERY
OF THE SUBJECT PRODUCT
The names of the products, quantities, VAT-inclusive sales prices,
and
delivery information are as specified below.
ARTICLE
4 - GENERAL PROVISIONS
4.1- The
BUYER declares that, before entering into the distance contract, they have read
and become knowledgeable about the preliminary information regarding the main
features of the product subject to the contract, the sales price including all
taxes, and the payment method, the period of delivery and, unless otherwise
stated, the expenses of the delivery that will be covered by the BUYER, the
time of delivery, and the full commercial title, clear address, and contact
information of the SELLER, the pre-information regarding the exercise of the
right of withdrawal, and the conditions and procedures for the exercise of this
right, and provided the necessary confirmation in the electronic environment.
The BUYER can submit their requests and complaints using the
contact channels stated above. Complaints and requests will be responded to
promptly by the SELLER's customer services.
By confirming this contract electronically, the BUYER confirms
that they have obtained accurate and complete information about the commercial
title, address, contact information, MERSIS number, basic features of the
products ordered, the sales price of the products including all taxes, payment,
and delivery information, and the conditions and procedures for the exercise of
the right of withdrawal before the conclusion of the distance contracts, which
the SELLER must provide to the BUYER.
4.2- The
product subject to the contract will be delivered to the BUYER or the
person/institution at the address indicated by the BUYER within the period
specified on the Website, not exceeding 30 (thirty) days from the date of the
order, depending on the distance of the place of residence of the BUYER. In the
case of products prepared according to the request or personal needs of the
BUYER, the delivery time may exceed 30 days. The BUYER acknowledges, declares,
and undertakes that, when purchasing a product that is prepared according to
personal needs and requests, they cannot terminate the contract due to the
non-delivery of the product within 30 days.
4.3- If the
product subject to the contract is to be delivered to a person/institution other
than the BUYER, the SELLER cannot be held responsible for the refusal of the
person/institution to accept the delivery.
4.4- The
SELLER cannot be held responsible for the non-delivery of the product to the
BUYER due to any problems the cargo company may encounter in delivering the
product to the BUYER.
4.5- The
SELLER is responsible for the delivery of the product subject to the contract
in a sound, complete, and in conformity with the specified qualifications in
the order.
4.6- In case
of technical errors or material errors in the product price, product
description, product quality, etc., due to technical errors or material errors
during the stage of offering the product for sale on the Website, the SELLER
has the right to cancel the order and refund the collected amount to the BUYER
in accordance with the relevant legislation.
4.7- Due to
the handcrafted nature of the products presented on themimjewel.com Website and
the potential differences in ring sizes ordered, there may be differences in
weight, length, width, etc., up to ± 10% after production. By accepting this
contract electronically, the BUYER confirms that they have complete knowledge
of this information.
4.8- If it
becomes impossible for the SELLER to fulfill the contractual obligations due to
the impossibility of fulfilling the ordered product or service, the SELLER
shall notify the BUYER in writing or through a permanent data storage device
within 3 (three) business days from the date they become aware of this situation
and, if any, shall refund all payments received, including delivery costs,
within 14 (fourteen) business days at the latest from the notification date.
4.9- In case
it becomes impossible to fulfill the order and/or service after the end of the
campaign period of the SELLER, the SELLER reserves the right, with the approval
of the BUYER, to supply a different product of equal quality and price to
fulfill the contractual obligations.
4.10- After
the delivery of the product, if the BUYER's credit card, debit card, and/or
other payment systems offered on the Website are used by unauthorized persons
unfairly or unlawfully due to reasons not arising from the BUYER's fault, and
if the relevant bank or financial institution does not pay the product price to
the SELLER for this reason, the BUYER is obliged to return the relevant product
to the SELLER within 3 (three) business days after being delivered to them. In
this case, shipping costs are borne by the BUYER.
4.11- If the
SELLER cannot deliver the product within the specified period due to force
majeure or extraordinary situations such as adverse weather conditions
preventing transportation, they are obliged to notify the BUYER of this
situation. In this case, the BUYER has the right to cancel the order and
terminate the contract. In case of termination of the contract, the SELLER is
obliged to refund all payments received, including delivery costs if any,
within 14 (fourteen) business days following the date of receipt of the
termination notice.
4.12- In
accordance with Article 16, paragraph 4 of the Distance Contracts Regulation
numbered 29188, dated 27.02.2015, in cases where the performance of the ordered
goods or services becomes impossible, the seller or provider must notify the
consumer in writing or through a permanent data storage device within 3 (three)
days from the date they become aware of this situation, and must refund all
payments received, including delivery costs if any, within 14 (fourteen) days
from the notification date.
4.13- In
cases where the BUYER exercises their right of withdrawal or in situations
where the product subject to the order cannot be supplied for various reasons
or where a decision for a refund is made by the arbitration committee, if the
purchase is made by credit card and in installments, the SELLER pays the price
of the product to the bank in a single payment. The bank refunds the BUYER in
the same number of installments as the number of installments the BUYER used to
purchase the product. In the case of payment by bank transfer (wire transfer)
or cash on delivery, the refund is made to the consumer's bank account by
requesting the consumer's bank account information, and it is carried out
through wire transfer or EFT (Electronic Funds Transfer) to the account
specified by the consumer (it is a requirement that the account is in the name
of the person at the billing address or the user member).
4.14- The
SELLER does not keep stock of all the products offered for sale on
themimjewel.com. Ordered products are manufactured when deemed necessary.
However, for various reasons, it may not be possible to produce products that
are ordered and out of stock. The availability of all orders depends on the
availability of stock. In case of supply difficulties or when the product is no
longer in stock, The MİM Jewel reserves the right to inform the customer about
alternative products that can be ordered in the same or different categories
and values. If the customer does not want to order alternative products, the
SELLER refunds the amount paid for the unwanted alternative product to the
BUYER.
4.15-
Individuals under the age of 18 cannot make purchases from the SELLER.
ARTICLE
5 - RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract without
showing any reason within 14 (fourteen) business days. In accordance with
Article 15 of the Distance Contracts Regulation:
For products belonging to the CUSTOM DESIGN category produced by
creating a PERSONALIZED DESIGN, since every detail of the products is prepared
specifically for the individual, the right of withdrawal (cancellation and
return right) DOES NOT APPLY due to legal conditions. Also, for products that
have been subsequently personalized with even the smallest customization to any
part of any product from all product groups of the SELLER (e.g., rings with
writing inside), the right of withdrawal DOES NOT APPLY. Additionally, all
products produced according to the wishes of the BUYER fall within the scope of
products for which the right of withdrawal cannot be exercised.
The right of withdrawal period begins on the day the contract is
established for service contracts; for contracts related to the delivery of
goods, it starts on the day the consumer or the third party designated by the consumer
receives the goods. However, the consumer can exercise the right of withdrawal
during the period from the establishment of the contract to the delivery of the
goods. In determining the right of withdrawal period, the delivery of the goods
to the carrier by the seller is not considered as delivery to the consumer. In
contracts where the delivery of goods and the provision of services are made
together, the withdrawal provisions regarding the delivery of goods apply.
Returned products that are subject to the right of withdrawal enter the return
control process through expertise (average 7 business days).
For the exercise of the right of withdrawal, the BUYER must notify
the SELLER by phone, email, by coming to our sales points to the authorized
person, or, for members, by logging into their account on themimjewel.com and
going to the "my account > my orders" section within the 14
(fourteen) day period. The product must not be within the scope of the
exceptions to the right of withdrawal under Article 15 titled "Exceptions
to the Right of Withdrawal" of the Distance Contracts Regulation published
in the Official Gazette on November 27, 2014, and must be resalable by the
SELLER as complete/flawless. If this right is exercised:
a) The
original invoice of the product delivered to the 3rd party or the BUYER must be
sent to the SELLER along with the product within 14 (fourteen) business days at
the latest, if the invoice of the product to be returned is corporate. (Returns
of orders issued for companies will not be accepted unless a RETURN INVOICE is
issued.)
b)
Products to be returned within 14 (fourteen) days from the notification of the
right of withdrawal must be returned to the SELLER complete and undamaged,
including the box, packaging, certificates, if any, gift products, accessories,
and gift vouchers. If any of these materials is not sent or is damaged, even if
it is caused by the shipping company, the cost of the material will be deducted
from the refund amount, and the return process will be completed. The BUYER
should contact the SELLER via the specified contact information to learn which
method to follow for these procedures.
The carrier specified for the right of withdrawal is UPS cargo.
The product price will be refunded to the BUYER within 14 (fourteen) business
days from the date the product is delivered to the carrier designated by the
BUYER for return. However, if the consumer returns the product with a carrier
other than the one designated for the return, the product price will be refunded
to the BUYER within 14 (fourteen) days from the date the product reaches the
seller.
ARTICLE
6 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
a)
Contracts related to products resulting from personalized design studies prepared
in line with the consumer's requests or personal needs. Therefore, there is no
right of withdrawal (cancellation and return right) due to legal conditions
when a personalized production is made in a color different from the metal
color presented on the website at the request of the BUYER, or in special
orders given outside the ring size range, necklace, and bracelet length
presented on the website, in personalized orders, in marriage alliances with
writing inside, or in any changes in the ring size, necklace, bracelet length,
and model made at the request of the BUYER after the delivery of the ordered
product. In this case, the orders, such as ring orders, where the ring size is
even prepared specifically for the individual, fall into the category of
personalized design. Due to this situation, in accordance with Article 15 of
the Distance Contracts Regulation, there is no right of withdrawal (cancellation
and return right).
b)
Contracts related to goods or services whose prices vary depending on fluctuations
in financial markets and are not under the control of the SELLER or the
supplier.
c)
Contracts related to the delivery of perishable or goods that may expire.
d)
Contracts related to the delivery of goods whose protective elements such as
packaging, tape, seal, package have been opened after delivery; contracts for
the delivery of goods that are not suitable for return for health, hygiene, and
procedural reasons.
e)
Contracts related to goods that are mixed with other products after delivery
and cannot be separated by nature.
f)
Contracts related to books, digital content, and computer consumables presented
in a tangible medium if the packaging, tape, seal, package, etc., protective
elements have been opened after the delivery of the goods.
g)
Contracts related to the delivery of periodicals such as newspapers and
magazines, excluding those provided under a subscription agreement.
h)
Contracts related to services that must be performed on a specific date or
period, such as accommodation, goods transportation, car rental, supply of food
and beverages, and the use of leisure or entertainment for relaxation purposes.
i)
Contracts related to services performed instantly in electronic form or
non-material goods delivered instantly to the consumer.
j)
Contracts related to services that have begun with the consumer's approval
before the right of withdrawal period has expired.
k)
Products delivered to an overseas delivery address declared by the BUYER are
not covered by the return. All other expenses such as customs fees, extra
transportation costs, etc., that may arise in the country where the order will
go, will be covered by the person placing the order.
In case products sent abroad do not reach the BUYER and are
returned to the SELLER, the transportation fee will not be refunded to the
order owner, and it will not be sent back for free. If the customs processes of
the BUYER's order are not resolved, and there is a practice such as destruction
or confiscation of the product within the customs practices of the relevant
country, the SELLER is not responsible for this situation, and the order amount
will not be refunded.
ARTICLE
7 - PROCEDURE FOR APPLYING TO DISPUTES
In case the BUYER has any complaints regarding their order and/or
the product of their order and/or any matter related to their order, they can
communicate their complaints to the SELLER through the contact information
specified above. The received complaint applications will be recorded,
evaluated by the authorized units, attempted to be resolved, and a response
will be provided as soon as possible. Additionally, if the BUYER finds the
solutions of the SELLER insufficient regarding their complaints and objections,
they can submit their applications to the consumer problems arbitration committee
or consumer court in the place where they purchased the goods or services or
where they reside, within the monetary limits determined by the Ministry of
Customs and Trade of the Republic of Turkey every December.
The competent authority for the resolution of disputes arising
from the implementation of this contract is Istanbul Anatolian Justice Palace
and Enforcement Offices.
SELLER:
Trade Name: THE MİM JEWELRY AND GEMSTONE INDUSTRY AND TRADE
LIMITED COMPANY
Tax ID: 8430824436
Address: Yamanevler Neighborhood, Alemdağ Avenue, Nevzat Bey
Business Center No:141 Floor:1 Office No:12 34768, Ümraniye / ISTANBUL
Phone: +90 (506) 466 0 646
E-Mail: info@themimjewel.com
MERSIS No: 0843082443600001
BUYER:
Full Name:
Address:
E-Mail:
Date: