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SALES AGREEMENT
Sales Agreement
DISTANCE SALES AGREEMENT
This Agreement is signed on the SELLER's www.gorgolette.com electronic commerce website (all of the above-mentioned channels are hereinafter referred to as 'INTERNET SITE'), including the cases where the BUYER (Consumer) makes transactions with the application, phone, WhatsApp line on his mobile device. ) regulates the rights and obligations of the parties regarding the sale-delivery and other issues of the products/services ("Products/Products") specified below that he/she wishes to purchase by placing an order to the BUYER. After the BUYER approves this Agreement on the WEBSITE, the price and expenses of the Product(s) ordered are collected by the payment method he/she chooses.
Article 1 - PARTIES
SALES PERSON
Title : Başak Serkek
Address : Koşuyolu Mah. Koşuyolu Cad. Emirhan Apt No: 204/9 Kadıköy/ İstanbul
Telephone : +90 (850) 885 5275
E-mail : info@gorgolette.com
BUYER
Name and surname :
Title :
Address :
Telephone :
E-mail :
Article 2 - CONTRACTUAL PRODUCT, PRICE, PAYMENT AND DELIVERY
The Type, Quantity, Brand/Model/Color, Unit Price(s) and Sale Price of the Products (goods/services) and Delivery Information including the Payment (collection) Information and the place of delivery notified by the BUYER are as follows. If the courier company that will make the delivery does not have a branch in the BUYER's location, the BUYER must receive it from another nearby branch to be notified by the SELLER (Necessary information will be provided to the BUYER by e-mail/mail, SMS or telephone). Other matters related to delivery are specified in Article 7 of the Contract below.
Product/Service Description Price
Delivery Information :
Payment method :
Card number :
Delivery address :
Billing Information :
Email :
Article 3 - ISSUES THAT THE BUYER WAS INFORMED BEFORE
The BUYER confirms that he has been informed about the following issues by seeing and examining all the general-specific explanations on the relevant pages-sections of the WEBSITE, before the BUYER accepts this Agreement on the INTERNET SITE and undertakes both the order and the payment obligation.
3.1. The SELLER's title and contact information and current introductory information,
3.2. Appropriate tools-methods regarding the stages of the sales process and the correction of incorrectly entered information during the purchase of the product(s) from the WEBSITE,
3.3. Confidentiality, data usage-processing and electronic communication rules applicable to the BUYER's information applied by the SELLER, and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for using the rights of the parties,
3.4. Shipping restrictions stipulated by the SELLER for the Products,
3.5. Payment methods-means accepted by the SELLER for the Contracted Product(s), and the basic features-qualities of the Products, the total price including taxes (the total price to be paid by the BUYER to the SELLER, including the related expenses),
3.6. Information on the methods of delivery of the Products to the BUYER and the shipping-delivery-cargo costs,
3.7. Other payment/collection and delivery information regarding the products and information regarding the performance of the Contract, the commitments-responsibilities of the parties in these matters,
3.8. Products and other goods and services that the BUYER does not have the right of withdrawal,
3.9. In cases where the BUYER has the right of withdrawal, the terms, duration and procedure of using this right, and if the right is not used in due time, the BUYER will lose its right of withdrawal,
3.10. In the Products with the right of withdrawal, if the Product is broken or changed due to not being used in accordance with the instructions for use, normal operation or technical specifications during the withdrawal period, the BUYER's request for withdrawal may not be accepted and the SELLER will be liable to the SELLER in any case. In cases where he/she accepts, he/she may collect an amount that he/she deems appropriate according to the said disorder or change, by deduction (offset) from the repayment to be made to the BUYER,
3.11. In cases where there is a right of withdrawal, how to return the Products to the SELLER and all related financial issues (return ways, cost and return of the Product price and reward points earned/used by the BUYER during the return, free products in campaign sales, other free/discounted/ including discounts and deductions that can be made without reimbursement to the BUYER for discounted opportunities, gift vouchers, etc., and additional collections from the BUYER, if not sufficient,
3.12 If the BUYER is a legal person, he cannot use "consumer rights", especially the right of withdrawal, for the Products purchased for commercial or professional purposes (for example, bulk purchases are deemed to be of such nature),
3.13 According to its nature, all other sales conditions included in this Agreement and this Agreement can be stored and accessed for the period requested by the BUYER, since it is sent to the BUYER by e-mail after the BUYER has approved and established it on the WEBSITE, and the SELLER has a period of three years that he can keep.
3.14. Process-applications about privacy, personal data and electronic communications,
3.15. In case of dispute, the BUYER can submit his/her complaints to the SELLER with the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law No. 6502.
Article 4 - RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from this Agreement without giving any reason and without paying any penalty within fourteen (14) days from the date of receipt of the Product.
However, legally, there is no right of withdrawal in the contracts regarding the following goods/services, even if they have not been used: a) including special products imported/supplied from the country or abroad based on the BUYER's order b) cosmetics etc., and chocolate etc., perishable goods, such as foodstuffs or which may expire c) products whose protective parts, such as tape, seal, package have been opened after delivery and which are not suitable for return in terms of health-hygiene d) producs that are mixed with other products after delivery and cannot be separated due to their nature f) all services performed instantly in the electronic environment and all kinds of intangible goods delivered instantly to the consumer g) goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller/supplier, h) services that are started to be performed within the period of the right of withdrawal with the approval of the BUYER, and i) Other goods-services that are generally considered outside the scope of distance sales in accordance with the relevant legislation, and cases where the BUYER makes purchases for commercial/professional purposes j) In particular, since all rings will be adjusted according to the finger size chosen by the BUYER during the order, the BUYER cannot use the right of withdrawal for the products produced in accordance with the special requests and demands of the BUYER, or for the products that are personalized by making changes or additions, and the products without workmanship.
In cases where it is possible to use the right of withdrawal, the BUYER is liable by law for the changes and deteriorations that occur if the BUYER does not use the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period.
In cases where there is a right of withdrawal, the BUYER must have sent a clear notification to the SELLER in writing within the legal 14-day period, indicating that he/she has used his/her right of withdrawal. In case the aforementioned right is exercised within the time limit, it is obligatory to send the product to the above mentioned address of the SELLER within a maximum of ten (10) days, at the BUYER's expense.
In this return process, the product must be delivered complete and undamaged with its box, packaging and standard accessories, if any. In addition, as per the tax legislation, in addition to the cases where a Return Invoice must be issued by the BUYER by law, the following section regarding the return will be filled in and signed on the invoice to be returned with the Product. Order returns for which a return invoice is required will not be accepted unless a Return Invoice is issued.
"The address to which the product will be returned, the SELLER's address / the address of the courier company delivered for the return."
Provided that the above-mentioned requirements are fulfilled by the BUYER, the product price and, if any, the delivery costs of the Product to the BUYER are returned to the BUYER in accordance with the payment instrument used when purchasing the Product, within 14 days from the date of receipt of the withdrawal notice to the SELLER.
The BUYER's legal rights-responsibilities after the withdrawal period regarding the Products, and the contractual and legal rights and obligations of the SELLER, including those related to award points, free/discounted/discounted sales from the BUYER, also exist, and are valid.
Article 5 - RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INTELLECTUAL RIGHTS
Confidentiality rules-policy and conditions, the current principles of which are stated below, apply for the protection, confidentiality, processing-use of information, communications and other issues on the WEBSITE.
5.1. The necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure of the SELLER, within the scope of today's technical possibilities, according to the nature of the information and transaction. However, since the information mentioned is entered from the BUYER's device, it is the BUYER's responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated individuals.
5.2. In addition to the consent-approvals regarding the personal data and commercial electronic communications given by the BUYER in any other way, and confirming; Providing various products/services and all kinds of information, advertisement-promotion, communication, sales, marketing, store card, for electronic and other commercial-social communications to be made for credit card and membership applications, it can be recorded, stored in printed/magnetic archives, updated when deemed necessary, shared, transferred, used, etc. can be processed with copies. These data can also be forwarded to the relevant authorities and courts when required by law. The BUYER consents and gives permission for the use, sharing, processing of existing and new information, personal and non-personal, in accordance with the legislation on the protection of personal data and electronic commerce legislation, and to make commercial and non-commercial electronic communications and other communications.
5.3. The BUYER can always stop the communication by reaching the SELLER through the specified communication channels and/or by legally reaching the same channels or by using the right of refusal in the electronic communications sent to him/her. According to the clear notification of the BUYER on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he/she wishes, his/her information, other than what is legally required and/or possible, is deleted from the data recording system or anonymized in an anonymous way. If the BUYER wishes, he/she may object to the emergence of a result against him/her by means of transactions related to the processing of his/her personal data, the persons to which it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, analysis with automatic systems. You can always apply to the SELLER through the above communication channels and get information on issues such as the elimination of damage in case of damage due to the processing of the SELLER. Applications and requests in these matters will be fulfilled within the legal maximum period or may not be accepted by explaining the legal reason to the party.
5.4. Regarding all kinds of information and content belonging to the WEBSITE and their arrangement, revision and partial/full use; Except for those belonging to other third parties according to the SELLER's agreement; All intellectual and industrial rights and property rights belong to the SELLER.
5.5. The SELLER reserves the right to make any changes it deems necessary on the above issues; These changes will become effective as soon as they are announced by the SELLER on the WEBSITE or by other appropriate methods.
5.6. On other sites accessed from the WEBSITE, their own privacy-security policies and terms of use are valid, and the SELLER is not responsible for any conflicts or negative consequences that may arise.
Article 6 - GENERAL PROVISIONS
6.1. The product subject to the contract is delivered to the BUYER or to the third person/organization at the address indicated on the WEBSITE, provided that the legal 30-day period is not exceeded, on the principles specified below.
The SELLER sends and delivers the Products through the contracted cargo company for its shipments. In the event that this cargo company does not have a branch at the location of the BUYER, the BUYER must receive the Product from another nearby branch of the cargo company notified by the SELLER.
Products that are in stock are delivered to the cargo company to be delivered to the person and address specified by the CONSUMER at the time of order, within seven (7) days at the latest from the order date. Cargo Companies deliver the shipments received from the SELLER to the BUYERS within an average of 5 (five) working days under normal conditions, depending on their distance.
6.2 In general and unless expressly stated otherwise, the delivery costs (shipping fee, etc.) belong to the BUYER. The SELLER may not reflect all or a part of the delivery costs in question to the BUYER, depending on the campaigns it carries out at the time of sale and announced the terms on the WEBSITE. In cases where the right of withdrawal is used for all of the products subject to the order and for some of them (used by the BUYER, if any), in case the SELLER free shipping (delivery) campaign is below the minimum shopping amount, the entire uncollected delivery-cargo cost within the scope of the campaign is returned to the BUYER. It is collected by deducting from the amount to be charged (in cases where the BUYER pays the delivery-cargo fee, this fee is refunded). Likewise, in cases where the BUYER receives a discount by shopping at the minimum amount of any SELLER campaign or free (gift) products of the same nature, gift certificates etc. In all cases won/used, as a result of the use of the right of withdrawal for all or a part of the products in question, the minimum price in question is lowered or in any way, gift vouchers, etc. The condition of gain/use has been removed, so in general terms, if the terms of benefiting from the campaign/earning or usage conditions have been violated by the BUYER, if the discount/discount (if any, also the price of the gift product) is deducted from the amount to be returned to the BUYER, in cases where it is not sufficient It is collected from the payment instrument (including credit card, etc.) used during shopping; Due to the BUYER shopping (virtual / physical) gift certificate, points, etc., it will be canceled, (virtual or physical) gift voucher, points, etc. used, the entire cost is deducted from the amount to be returned to the BUYER, and in cases where it is not sufficient, it is collected as above. These provisions apply in all cases where the right of withdrawal is exercised, as well as in all other cases where product returns are in question, excluding defective products.
6.3. In the event that the BUYER is not personally present at the address at the time of delivery of the products and the persons at the address do not accept the delivery, the SELLER shall be deemed to have fulfilled its obligation in this regard. In the event that there is no one to take delivery at the address, it is the BUYER's responsibility to follow up the shipment of the products by contacting the cargo company. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered is not present at the address or does not accept the delivery.
In these cases, any damages arising from the late delivery of the Product by the BUYER and the expenses incurred due to the product waiting in the cargo company and/or the return of the cargo to the SELLER belong to the BUYER.
6.4. The BUYER is responsible for checking the Product as soon as it is received and when he sees a problem or defect in the Product, not accepting the Product and keeping a report to the Cargo company official. Otherwise, the SELLER will not accept responsibility.
6.5. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the price in full before receiving the Product. If the price of the Product is not fully paid to the SELLER before delivery in cash sales, and the installment amount due in installment sales is not paid, the SELLER may unilaterally cancel the contract and not deliver the Product.
If, for any reason, after the delivery of the product, the Bank/financial institution to which the credit card is processed does not pay the Product price to the SELLER or demands a refund of the price paid, the Product shall be returned to the SELLER by the BUYER within 3 days at the latest. If the non-payment of the product price is caused by the BUYER's fault or negligence, the shipping costs will be borne by the BUYER. All other contractual-legal rights of the SELLER, including the follow-up of the Product price without accepting the return, are reserved separately and in any case.
In order to avoid any hesitation; The BUYER's sales price is paid by the credit card, installment card etc. owned by banks (including financial institutions). In cases where the card is paid with, all the facilities provided by these cards are credit and/or installment payment opportunities provided directly by the card issuer; Product sales realized within this framework and for which the SELLER collects the price all in one or step by step, are not sales on credit or installments for the parties of this Agreement, they are cash sales. The legal rights of the SELLER in cases deemed to be sales in installments by law (including the right to terminate the contract if the installments are not paid and/or demand the payment of the remaining debt together with the default interest) are available and reserved within the framework of the relevant legislation. In case of default of the BUYER, monthly default interest is applied as stipulated by the applicable laws.
6.6. If the product cannot be delivered within the legal maximum 30 days due to extraordinary circumstances (such as weather opposition, heavy traffic, earthquake, flood, fire) other than normal sales/delivery conditions, the SELLER informs the BUYER regarding the delivery. In this case, the BUYER can cancel the order, order a similar product or wait until the end of the extraordinary situation.
6.7. If it is understood that the SELLER cannot supply the Product subject to the Contract, within three (3) days from the date of learning of this situation, on the condition of informing the BUYER in accordance with the law and obtaining his verbal / written approval, another good / service with equal quality-price is procured, it shall be deemed to have fulfilled its contractual commitment in this way. The BUYER is free in all respects whether or not to give the said consent, and in cases where he does not give consent, the contractual-legal provisions regarding the cancellation of the order (Contract termination).
6.8. In order cancellations and contract terminations, including contract-lawful withdrawals, if the product price is collected, it is returned to the BUYER within a maximum of 14 days. The requirements of the following rule are reserved. The refund is made in accordance with the payment instrument used by the BUYER in the payment of the Product price to the SELLER. For example, in credit card payments, the refund is made by way of a refund to the BUYER's credit card, and the Product amount is returned to the relevant bank within the same period after the order is canceled by the BUYER; Since the reflection of this amount to the BUYER's accounts after the refund of this amount to the bank is completely related to the bank transaction process, the BUYER accepts in advance that it will not be possible for the SELLER to intervene and take responsibility for possible delays (banks usually take three weeks to reflect the refund to the BUYER account).
The SELLER has and reserves the right to set off, discount and deductible for the price to be refunded, arising from this Agreement and the law. The BUYER's legal rights regarding the cases where the Contract is terminated by the BUYER due to the SELLER's non-performance are also reserved and available.
6.9. The BUYER may notify the SELLER in writing, by contacting the SELLER communication channels in the preamble of the Contract, of his requests and complaints regarding the Product and sale.
6.10. Some of the matters written in article 3 above may not be included in this Agreement due to their nature; However, they are included in the Preliminary Information seen/approved by the BUYER on the WEBSITE, as well as on the sales stages or general information pages/sections of the WEBSITE.
6.11. The BUYER can always access and review the aforementioned Information and this Agreement by saving and storing the aforementioned e-mail on his device, since they are sent to the e-mail address that he has declared after acceptance. On the other hand, it is kept for three years in the systems owned by the SELLER.
6.12. SELLER records (including records in magnetic media such as computer-sound recordings) constitute evidence in the resolution of any disputes that may arise from this Agreement and/or its implementation; The rights of the parties arising from the relevant mandatory legal regulations are valid and reserved.
Article 8 - LEGAL REMEDIES OF THE BUYER - AUTHORIZED JURISDICTIONS
In disputes that may arise from this Agreement, Provincial and District Consumer Arbitration Committees are authorized within the monetary limits determined-announced every year as per the law by the Ministry of Customs and Trade, and Istanbul Anatolian Courthouse Consumer Courts in cases exceeding these limits. In this context, the BUYER may apply to the Arbitration Committees and Consumer Courts in the place of residence (residence) of the BUYER or, if he wishes, of the SELLER.
The BUYER has read all the conditions and explanations written in this Contract and in the order-contract pre-notifications (INTERNET SITE), which form an integral part, the main feature-attributes of the Product/Products subject to sale, sales price, payment method, delivery conditions, SELLER. and all other preliminary information about the Product subject to sale, including the right of withdrawal, personal information, electronic communication and award points, all matters written in Article 3 of this Agreement, that he has seen all of them electronically on the WEBSITE, and again, by giving confirmation-approval-acceptance-permission to all these in electronic environment, he accepts and declares that he accepts the provisions of this Agreement by ordering the Product.
Both the aforementioned preliminary information and this Agreement are also sent to the above e-mail (mail) address notified by the BUYER to the SELLER, and the confirmation of receipt of the order is also included in the aforementioned e-mail along with the order summary.
