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DISTANCE SELLING CONTRACT

Product Name:
Product Quantity:
Product’s Sales Value:
Terms of Payment:
Delivery Fee:
Delivery Address:
Recipient:
Trade Name on the Invoice:
Invoice Address:

4-A) For eligibility to order from www.divin.com.tr of which the SELLER is the owner and the responsible, the CUSTOMER should be at least 18 years old. The confirmation of this contract operates that the CUSTOMER has confirmed his/her legal age.

4-B) The SELLER reserves the right of modifying every kind of content presented on www.divin.com.tr (price, graphics and all other information) without prior notice.

4-C) The SELLER is not liable for any price and content unintentionally misstated due to any typographic or system error, and reserves the right of cancelling any purchase order based upon such errors.

4-D) The CUSTOMER represents that (s)he has read and understood the basic features, sales price, payment terms and delivery-related information of contractual product(s) presented on www.divin.com.tr beforehand whereby (s)he has provided the necessary confirmation in the digital environment.

4-E) The SELLER is liable to deliver to the CUSTOMER or any other person/entity at the same address as designated thereby the contractual product(s), subject to the maximum legal period of 30 days, within the timeframe stated on www.divin.com.tr depending on distance to the residence or delivery address of the CUSTOMER.

4-F) In case the contractual product(s) is/are to be delivered to a person/entity other than the CUSTOMER, the SELLER may not be held liable for the rejection of the delivery by the recipient.

4-G) The SELLER may not be held liable for failure to deliver the ordered product(s) to the CUSTOMER due to any kind of problem to be experienced by the organization/company undertaking the distribution service at the phase of delivery of the product(s) to the CUSTOMER.

4-H) The SELLER is liable to deliver the contractual product(s) in sound and complete manner in line with the features set out in the order complete with related product certificates.

4-I) In case the CUSTOMER fails to fulfil the product price for any reason or in the event the payment is rejected in bank accounts, the SELLER becomes exempt from the liability of delivering the product.

4-J) In case the bank or the financial institution refrains from paying the price of the product(s) to the SELLER due to an unauthorized or illegal use, without the CUSTOMER’s fault, of the CUSTOMER’s credit card or similar payment card after the delivery of the product(s), the CUSTOMER is obliged to return the product(s) within 3 days to the SELLER, provided such product(s) has/have actually been delivered to the CUSTOMER, with transport charges to be borne by the CUSTOMER.

4-K) The order made by the CUSTOMER via www.divin.com.tr can only be processed when the payment corresponding to the order is effected by the CUSTOMER. Once the payments by credit card, bank transfer or EFT are transferred to the SELLER’s accounts, the order is finalized and processed.

4-L) For purchase orders made by the CUSTOMER by bank transfer or EFT, the SELLER will be entitled to cancel the order if the payment is not fulfilled within 1 week.

4-M) In case when the production and/or supply of the products marketed by the SELLER on www.divin.com.tr is not possible, the CUSTOMER is notified with the swiftest method (email/phone) and the entirety of the amount collected for the product is returned to the CUSTOMER via the same payment method (credit card, bank transfer or EFT, whichever used by the customer).

4-N) In case the SELLER cannot deliver the contractual product(s) within the specified timeframe due to force majeure circumstances or extraordinary situations (fire, flood etc), it is liable to notify the CUSTOMER accordingly, in which case the CUSTOMER will be entitled to exercise one of the remedies of either cancelling the order, replacing the product(s) with another equivalent, if available, or suspending the delivery until such situation preventing the delivery has disappeared. In case the CUSTOMER cancels the order, entirety of the amount collected for the product is returned to the CUSTOMER via the same payment method (credit card, bank transfer or EFT, whichever used by the customer).

5-A) The CUSTOMER is entitled to exercise his/her right of withdrawal within 7 days following the delivery of the contractual product(s) to itself or any other person/entity it has designated in accordance with the provisions of the Law no 4077 on Protecting the Rights of Consumers as further amended by the law no 4822. For eligibility to the right of withdrawal, the SELLER should be notified by email, phone or fax within such period of 7 days and the products should not be classified as products for which the right of withdrawal may not be exercised pursuant to the provisions of Article 6. The SELLER reserves the right of rejecting any product return effected without prior notice by the CUSTOMER.

5-B) For the CUSTOMER to be eligible for returning the order on the strength of his/her right of withdrawal, the product(s) should be returned to the SELLER completely and at conditions prevailing at the time of the initial delivery (the product, product box, product certificate, invoice, freight bill and all other documents accompanying the order). VAT and other legal obligations, if any, for any product(s), the original invoice of which the CUSTOMER failed to send, are not refunded. The product price is returned to the CUSTOMER within 7 days following the delivery of the documents concerning the return to the SELLER.

5-C) Any defect, loss or damage during the return process is not under the responsibility of the SELLER. The cost of returning the product on the strength of the right of withdrawal will be borne by the SELLER.

ARTICLE 6- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL MAY NOT BE EXERCISED

For products marketed in www.divin.com.tr and then produced and customized upon the particular requests of the CUSTOMER such as products going into a different quality after modifications upon the request of the CUSTOMER, rings produced according to the finger size of the CUSTOMER, products inscribed with scripts on its gold, precious metal or precious stone parts upon the request of the CUSTOMER etc, the CUSTOMER may not exercise his/her right of withdrawal.

ARTICLE 7- COMPETENT COURTS

In the performance of this contract, the Consumer Arbitral Tribunals and Consumer Courts located at the jurisdiction where the CUSTOMER or the SELLER is resident are competent up to the value announced by the Ministry of Industry and Commerce.

In case the purchase order is realized, the CUSTOMER is deemed to have accepted all terms and conditions of this Contract.

SELLER: DİVİN MÜCEVHERAT KUYUMCULUK SAN. TİC. LTD. ŞTİ.
CUSTOMER:
DATE: