DISTANCE SALES AGREEMENT

ARTICLE 1. PARTIES

1.1 SELLER

Commercial Title: Burcu Bostancı Ş.Ş.

Darüşşafaka Mah. Gazeteciler Sok. Gazeteciler Sitesi Sarıyer / Istanbul

Phone: 0212 286 22 42

Email Address: info@labaiaatelier.com

MERSIS No:

1.2 BUYER

Full Name:

Address:

Phone:

Email address:

Hereinafter referred to as “BUYER”.

ARTICLE 2. SUBJECT

The subject of this agreement is to determine the rights and obligations of the parties in accordance with the Consumer Protection Law No. 6502 and the Distance Contracts Regulation regarding the sale and delivery of the product, whose characteristics and sales price are specified below, which the BUYER has ordered electronically from the SELLER’s labaiaatelier.com (“Website”) website.

ARTICLE 3 – BASIC CHARACTERISTICS OF THE PRODUCT SUBJECT TO THE AGREEMENT, SALES PRICE AND DELIVERY INFORMATION

The Names of Products, Quantity, Sales Price Including VAT, and Delivery Information are as specified below.

ARTICLE 4 – GENERAL PROVISIONS

4.1 The BUYER hereby accepts and declares that they have read and understood all preliminary information about the basic characteristics of the product(s), total sales price including all taxes, payment method, delivery conditions and that these costs will be covered by the BUYER unless otherwise stated, the SELLER’s full commercial title, complete address and contact information, delivery process and all preliminary information about the process, and that they are aware of the “right of withdrawal” and have obtained correct and complete information about the conditions for exercising the right of withdrawal, have confirmed this preliminary information electronically and subsequently placed the product order. The “Preliminary Information Form” and “Invoice” are integral parts of this agreement. When the order is placed, the BUYER is deemed to have accepted all conditions of this agreement without objection.

4.2 The BUYER can submit their requests and complaints through the communication channels specified above. Complaints and requests will be responded to by SELLER’s customer service as soon as possible.

4.3 By confirming this agreement electronically, the BUYER confirms that they have received correct and complete information about the title, address, contact information, MERSIS number, basic characteristics of the ordered products, sales price including all taxes, payment and delivery information, right of withdrawal and the procedure and conditions for using the right of withdrawal, which must be provided by the SELLER to the BUYER before the conclusion of distance contracts.

4.4 The BUYER accepts and declares that they have read and understood all information stated in Article 3 and have given the necessary approval for the purchase of this product/products.

4.5 The product subject to the agreement shall be delivered to the BUYER or the person/organization at the address specified by the BUYER within the period explained in the preliminary information on labaiaatelier.com, not exceeding 30 (Thirty) days from the order date, depending on the distance of the BUYER’s location, by the cargo company contracted with the SELLER. This period may be extended at the SELLER’s sole discretion by notifying the BUYER in writing. The BUYER accepts and declares this situation.

4.6 For products prepared according to the BUYER’s request or personal needs, the delivery time may exceed 30 days. The BUYER accepts, declares, and undertakes that when purchasing a product prepared according to their personal needs and requests, they cannot terminate the agreement due to delivery not being made within 30 days.

4.7 Even in the event that the BUYER is not present at the delivery address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation completely and without deficiency. The SELLER accepts no responsibility in cases where the product cannot be delivered to the BUYER due to the BUYER not being present at the delivery address, not accepting the product, and/or providing incorrect/incomplete/wrong address and contact information during registration to labaiaatelier.com and/or during ordering, sharing the delivery code sent by the carrier cargo company via SMS and/or email with third parties, and causing the product(s) to be lost/stolen/damaged. In this case, the BUYER accepts, declares, and undertakes that they are solely responsible for any direct and/or indirect damages and losses arising from not being able to receive the product and/or the product waiting at the cargo company and/or receiving it late. If the product cannot be delivered to the BUYER and is returned to the carrier cargo company, the product will be sent back to the SELLER once by the cargo company.

If the product cannot be delivered to the BUYER by the carrier cargo company and is returned to the SELLER, if the BUYER requests the product to be shipped for the second time by the SELLER instead of canceling the order, all cargo and transportation fees will be covered by the BUYER. Otherwise, if the BUYER does not accept this situation, the SELLER has the right and authority to terminate the agreement unilaterally and without compensation. The BUYER accepts, declares, and undertakes this situation by considering its consequences.

4.8 The product is delivered to the BUYER or the person/organization at the address specified by the BUYER by the cargo company contracted with the SELLER through SMS notification and delivery code verification. In cases where the BUYER does not personally receive the product, if the cargo delivery code sent in the SMS for the delivery of the product/cargo package is shared with cargo company employees and/or third parties, if this delivery code is transmitted to third parties due to the BUYER’s fault and consequently the product is lost, stolen, etc. and cannot be delivered to the BUYER, all responsibility lies with the BUYER, and the SELLER will have no responsibility for this situation.

4.9 If the product cannot be delivered to the BUYER and the order is canceled due to the BUYER sharing incorrect address and/or phone number when creating membership on labaiaatelier.com website or ordering products, and/or due to reasons originating from the cargo company, the SELLER cannot be held responsible for any price increases in the product when the BUYER wants to purchase the same product again. The SELLER is not obligated to offer the product at the price of the first order date under any circumstances, and this situation is irrevocably accepted by the BUYER.

4.10 If the product subject to the agreement is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the receiving person/organization’s refusal to accept delivery.

4.11 The SELLER cannot be held responsible for the non-delivery of the ordered product to the BUYER due to any problems encountered by the cargo company during the delivery of the product to the BUYER.

4.12 The SELLER is responsible for delivering the product subject to the agreement to the cargo company in sound condition, complete, and in accordance with the specifications stated in the order.

4.13 In case of errors in product price, product description, product quality, etc. due to technical errors or material errors during the offering of the product for sale on Labaiaatelier.com, the SELLER has the right to cancel the order and refund the collected amounts to the BUYER in accordance with the relevant legislation. The BUYER accepts and declares this situation without objection.

4.14 Due to the handmade nature of the products offered on the labaiaatelier.com Website and the differences in ordered ring sizes, there may be ± 10% variation in characteristics such as weight, length, width, etc. after production. The BUYER accepts, declares, and undertakes that they give consent and approval to this situation when placing an order.

4.15 If the SELLER cannot fulfill its contractual obligations due to the impossibility of fulfilling the ordered product or service, they shall notify the BUYER in writing or through permanent data storage within three days of learning this situation, and refund all payments collected, including delivery costs if any, within fourteen days from the notification date.

4.16 The SELLER reserves the right to supply different products of equal quality and price with the BUYER’s approval to fulfill their contractual performance obligation in case it becomes impossible to fulfill the order and/or service at the end of the campaign period.

4.17 Not all products listed and advertised on labaiaatelier.com may be in stock. Ordered products are produced when necessary. However, for various reasons, it may not be possible to produce ordered products that are not in stock. When supply shortages occur and/or the product is no longer in stock, La Baia reserves the right to inform the customer about similar or different substitute products of different categories and values that can be ordered. If the customer does not wish to order the substitute products, the SELLER will refund the amount paid for the unwanted substitute product to the BUYER.

4.18 The BUYER will inspect the product(s) before accepting delivery and will not accept damaged and defective product(s) from the cargo company that are dented, broken, have torn packaging, etc. Products accepted by the BUYER from the cargo company without a report will be considered to have been properly inspected and controlled and received undamaged and in sound condition. The BUYER knows and accepts these matters. After delivery, the obligation to carefully protect the product(s) lies with the BUYER, and the SELLER will not be responsible in cases to the contrary.

4.19 When becoming a member of labaiaatelier.com and during ordering, the BUYER consents that their personal information (name, surname, title, address, phone, fax, email, etc.) kept by the Seller within the scope of the Preliminary Information Form and Distance Sales Agreement may be used by the Seller through its representatives for contacting the BUYER via email, phone, fax or SMS, or by mail for order management and customer relations process management purposes.

4.20 According to Article 16, paragraph 4 of the Distance Contracts Regulation No. 29188 that entered into force on 27.02.2015, in cases where it becomes impossible to fulfill the performance of the goods or services subject to the order, the seller or provider must notify the consumer in writing or through permanent data storage within three days of learning this situation and refund all payments collected, including delivery costs if any, within fourteen days from the notification date.

4.21 In cases where the BUYER exercises their right of withdrawal, or when the ordered product cannot be supplied for various reasons, or when refund decisions are made to the BUYER by arbitration committees, if the purchase was made with a credit card and in installments, the SELLER pays the product price to the Bank in a single payment. The Bank makes the refund to the BUYER in the same number of installments as the BUYER purchased the product. For bank transfer/EFT or cash on delivery options, the refund will be made by requesting bank account information from the Consumer and transferring to the account specified by the Consumer (the account must be in the name of the person at the invoice address or in the name of the user member) via bank transfer and EFT.

4.22 If the BUYER has made payment by credit card, they accept that after the product amount is refunded to the bank within the same period, the reflection of this amount to the BUYER’s account is a Bank transaction, and that it may take an average of 2 to 3 weeks for the amount refunded to the credit card by the SELLER to be reflected to the BUYER’s account by the bank, and that the SELLER cannot be held responsible for this matter. The Buyer accepts and undertakes that they have read, accepted, and consented to this procedure.

4.23 The SELLER may not have all products offered for sale on labaiaatelier.com in stock. Ordered products are produced when necessary. However, for various reasons, it may not be possible to produce ordered products that are not in stock. When supply shortages occur and/or the product is no longer in stock, La Baia reserves the right to inform the customer about similar or different substitute products of different categories and values that can be ordered. If the customer does not wish to order the substitute products, the SELLER will refund the amount paid for the unwanted substitute product to the BUYER.

4.24 The BUYER will inspect the product(s) before accepting delivery and will not accept damaged and defective product(s) from the cargo company that are dented, broken, have torn packaging, etc. Products accepted by the BUYER from the cargo company without a report will be considered to have been properly inspected and controlled and received undamaged and in sound condition. The BUYER knows and accepts these matters. After delivery, the obligation to carefully protect the product(s) lies with the BUYER, and the SELLER will not be responsible in cases to the contrary.

4.25 When becoming a member of labaiaatelier.com and during ordering, the BUYER consents that their personal information (name, surname, title, address, phone, fax, email, etc.) kept by the Seller within the scope of the Preliminary Information Form and Distance Sales Agreement may be used by the Seller through its representatives for contacting the BUYER via email, phone, fax or SMS, or by mail for order management and customer relations process management purposes.


4.26 The BUYER is responsible for ensuring that their personal information and payment information in the Preliminary Information Form and Distance Sales Agreement are complete and accurate. In case this information is incomplete or incorrect, the BUYER is obligated to update this information from their account on labaiaatelier.com.

4.27 Circumstances that did not exist and could not be foreseen at the time this agreement was signed, that occur without fault of either party, and that prevent the parties from fulfilling their obligations under this agreement or fulfilling them on time (state of war, natural disasters, strikes, lockouts, pandemics, epidemics, import restrictions on products/products under regulatory changes, strikes, lockouts, etc.) will be considered force majeure. The party experiencing force majeure will immediately inform the other party in writing and will not be held responsible for failing to fulfill their obligations under this agreement while the force majeure continues. If the force majeure condition continues for more than 30 days, each party will have the right to terminate the agreement unilaterally and without compensation.

4.28 The parties accept that in any dispute arising from the agreement, the SELLER’s official books and commercial records, electronic information kept in their database and servers, computer and voice recordings will be considered definitive and binding evidence, and that this article constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure.

4.29 Persons under 18 years of age cannot make purchases through labaiaatelier.com. By confirming this agreement electronically, the Consumer confirms that they are over 18 years old.

ARTICLE 5 – RIGHT OF WITHDRAWAL

5.1 The BUYER has the right to withdraw from the agreement without showing any reason within 14 (Fourteen) days from the delivery of the product(s) to themselves or to the person/organization at the specified address.

5.2 For the exercise of the right of withdrawal, notification must be made to the SELLER within 14 (Fourteen) days by phone or email or through the my account>orders section after logging into the labaiaatelier.com website for members, and the product must not fall within the scope of Article 15 titled “Exceptions to the Right of Withdrawal” of the Distance Contracts Regulation published in the Official Gazette on 27.11.2014, must not have been used according to the preliminary information published on labaiaatelier.com website which is an integral part of this agreement and approved by the BUYER, and must be in a condition that can be resold by the SELLER. When this right is exercised:

a) The original invoice of the product delivered to the third party or BUYER (If the invoice of the product to be returned is corporate, it must be sent to the SELLER within 14 (Fourteen) days along with the return invoice issued by the corporation. Returns of orders with invoices issued to corporations cannot be completed without issuing a RETURN INVOICE.)

b) The box, packaging, certificates, gift/promotional products and accessories if any, gift vouchers of the products to be returned must be returned to the SELLER complete and undamaged within 14 (fourteen) days from the notification of the withdrawal request. If any of these materials is not sent or is damaged, even if due to the transport 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 through the specified contact information to learn which procedure to follow for these transactions.

5.3. In case of exercising the right of withdrawal, all transportation costs and expenses to be incurred for the return of the product will be covered by the BUYER. The BUYER is responsible for any damage and/or losses that may occur during the return of the product.

5.4 The SELLER cannot be held responsible for problems on the bank’s side in refunding the product price.

5.5 If this right is exercised, it is mandatory to return the original invoice for the product(s) and the Cargo Delivery Report, which indicates that the product(s) delivered to the third party or the BUYER have been sent to the SELLER. If the original invoice is not returned and the invoice is not delivered to the SELLER within the legal 14-day period, the right of withdrawal cannot be exercised, and in this case, the BUYER irrevocably accepts that the SELLER has no responsibility. In this case, the product will be delivered to the cargo company at the BUYER’s expense, and whether the product is received or not will be entirely the BUYER’s responsibility.

5.5 In determining the duration of the right of withdrawal:

The withdrawal period begins on the date the contract is established for service contracts; and on the date the consumer or a third party designated by the consumer receives the goods for contracts related to the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period from the establishment of the contract to the delivery of the goods.

The delivery of the goods to the carrier by the seller is not considered delivery to the consumer.

In contracts where the delivery of goods and the performance of services are carried out together, the provisions regarding the right of withdrawal for the delivery of goods shall apply. Returned products that arrive using the right of withdrawal undergo an appraisal, and the return control process begins.

5.6 When the BUYER exercises the right of withdrawal, the returned product will be examined by the SELLER after it is received. It will be evaluated whether the product is returned in accordance with the withdrawal conditions, taking into account the damage, condition of use, and all necessary conditions written in this contract. If it is determined as a result of the examination that the product complies with the return conditions, the return process is initiated. The product price is refunded to the BUYER within 14 (fourteen) days following the date the goods subject to the right of withdrawal request reach the SELLER. If any damage or a situation contrary to the terms of the right of withdrawal is detected in the product, the return request will be rejected, and the product will be returned to the initial order address at the BUYER’s expense.

ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

a) Contracts relating to goods prepared in line with the consumer’s wishes or personal needs.

Pursuant to Article 15 of the Law on the Protection of the Consumer and the Regulation on Distance Contracts, the right of withdrawal (right of cancellation and return) cannot be exercised for products manufactured in line with the consumer’s special requests or personal needs and/or on which modifications have been made. Accordingly:

  • On products with names, dates, letters, and/or special messages written on them,
  • On products that are custom-designed,
  • On products where size, stone, metal, or design changes are made in line with personal requests (including, but not limited to, all products where size selection is made, requesting that the product be produced in a different metal color than the one offered on labaiaatelier.com, etc.),
  • In all ring orders, as the ring size is prepared specifically for the person

Including but not limited to these, in all product groups produced in line with the BUYER’s requests and personalized within the scope of Article 15 of the Regulation on Distance Contracts, there is no right of withdrawal (right of cancellation and return) depending on legal conditions. The BUYER irrevocably accepts, declares, and undertakes that they consent to this situation and that they have been informed in detail about the absence of the right of withdrawal during the order.

When operations such as ring size, necklace, bracelet, bangle, anklet, and shahmeran length and model changes are made in line with the BUYER’s request after the product ordered is delivered to the BUYER, these goods, which are specially produced in line with the customer’s special requests, and perfumes with opened cellophane are included in the scope of products for which the right of withdrawal (right of cancellation and return) cannot be exercised.

b) Contracts relating to goods or services whose price changes depending on fluctuations in the financial markets and which are not under the control of the SELLER or the supplier.

c) Contracts relating to the delivery of goods that may spoil quickly or expire.

d) For goods whose protective elements such as packaging, tape, seal, and package have been opened after delivery; contracts relating to the delivery of those that are not suitable for return in terms of health and hygiene.

e) Contracts relating to goods that are mixed with other products after delivery and cannot be separated due to their nature.

f) Contracts relating to books, digital content, and computer consumables presented in a material environment, if the protective elements such as packaging, tape, seal, and package have been opened after the delivery of the goods.

g) Contracts relating to the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription agreement.

h) Contracts relating to leisure time activities carried out for the purpose of accommodation, goods transport, car rental, food and beverage supply, and entertainment or recreation, which must be carried out on a specific date or period.

i) Contracts relating to services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.

j) Contracts relating to services that are started with the consumer’s approval before the expiry of the right of withdrawal period.

k) Products delivered to an address outside the Turkish Customs Territory as a result of the BUYER declaring an overseas delivery address are outside the scope of the Right of Withdrawal. Customs expenses, extra shipping expenses, etc. that may occur in the country to which the order will be sent. All other expenses will be covered by the BUYER.

If the products sent abroad do not reach the BUYER and are returned to the SELLER, the shipping fee will not be refunded to the order owner and will not be sent back free of charge.

If the BUYER’s order is destroyed, detained, etc. within the customs practices of the relevant country due to the customs processes not being resolved, and/or even after the customs process is completed, due to disruptions experienced during transportation within the borders of the BUYER’s country of residence (loss of the product, theft, the BUYER providing incorrect address and/or contact information, etc.), even if the BUYER is not at fault, the SELLER is not responsible for the product not being delivered to the BUYER for any reason not caused by the SELLER, and the order amount will not be refunded.

ARTICLE 7 – MAKING APPLICATIONS REGARDING DISPUTES

If the BUYER has a complaint regarding their order and/or the product subject to their order and/or any matter related to their order, they may forward their complaints to the SELLER via the contact information specified above. Submitted complaint applications will be recorded, evaluated by authorized units, tried to be resolved, and feedback will be provided as soon as possible. In addition, the BUYER may apply to the consumer problems arbitration committee or the consumer court in the place where they purchased the goods or services or where their residence is located, within the monetary limits determined by the T.C. Ministry of Customs and Trade every year in December, regarding their complaints and objections.

Istanbul Çağlayan Courthouse Courts and Enforcement Offices are authorized to resolve disputes arising from the implementation of this contract.

SELLER:

Trade Name: Burcu Bostancı Ş.Ş.

Darüşşafaka Mah. Gazeteciler Sok. Gazeteciler Sitesi Sarıyer / İstanbul

Phone: 0212 286 22 42

E-Mail Address: info@labaiaatelier.com

BUYER:

Address:

Date:

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