Terms of service

DISTANCE SALES AGREEMENT
ARTICLE 1: PARTIES TO THE CONTRACT

This Distance Sales Agreement ("Contract"); whose address and information are specified in Article 6 ("RECEIVER”) and the address and information specified in Article 5 (“SELLER”) in electronic environment within the framework of the terms and conditions stated below.

ARTICLE 2: DEFINITIONS

In the application and interpretation of this contract, the terms written below shall express the written explanations against them.

RECEIVER

:

Minister

:

Ministry

:



Service

:

Law

:

Platform

:

SELLER

:

Orderer

:

Contract

:

Sides

:

Product or Products

(Goods or Goods)

:

regulation

:

 

ARTICLE 3: SUBJECT AND SCOPE OF THE AGREEMENT

This Agreement has been drawn up in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. Under this Agreement, the parties shall determine their obligations and responsibilities arising from the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, the basic characteristics of the goods/services subject to sale, the sales price, payment method, delivery conditions, etc. They accept and declare that they know and understand all the information about the sale and the BUYER's right of "withdrawal", confirming this preliminary information electronically and then ordering goods / services. The subject of this Agreement is that the real person BUYER places an order electronically on the Platform for the purchase of the Goods/Services belonging to the SELLER or by calling +90 (533) 423 61 36, Regarding the sale and delivery of the service, it constitutes the determination of the rights and obligations of the Parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts. www. The preliminary information form on the payment page of the gradiva.com.tr website and the invoices issued by the SELLER are integral parts of this contract.

ARTICLE 4: ISSUES WHICH WAS INFORMED BEFORE THE BUYER

The BUYER accepts that he has examined, read, understood all the general-specific explanations on the relevant pages-sections of the Platform before the establishment of this Agreement with the acceptance of the BUYER from the Platform and the obligation to order and payment, in the following matters, and that the necessary information has been given to him. .

a) The SELLER's title and contact information and current introductory information,
b) Appropriate tools-methods regarding the stages of the sales process and the correction of incorrectly entered information during the purchase of the products from the Platform,
c) Electronic contact information (Telephone: 444 9 292, www.izto.org.tr) where the SELLER is a member of the Chamber of Profession (IZTO) and IZTO's professional code of conduct.
d) belonging to the SELLER com.tr Confidentiality, data usage-processing and electronic communication rules applicable to the BUYER's information applied by the BUYER and the BUYER's permissions to the SELLER in these matters; The legal rights of the BUYER, the rights of the SELLER and the methods of using the rights of the Parties,
e) Shipping restrictions stipulated by the SELLER for the Products,
f) Payment methods-means accepted by the SELLER for the products subject to the contract, the basic features of the Products, the total price including taxes (the total price to be paid by the BUYER to the SELLER, including the related expenses),
g) Information on the procedures regarding the delivery of the Products to the BUYER and the shipping-delivery-cargo costs,
h) Other payment/collection and delivery information regarding the products and information regarding the performance of the Contract, the Parties' responsibilities in these matters,
i) Products and services for which the BUYER does not have the right of withdrawal, 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 within the time limit, the BUYER will lose its right of withdrawal,
k) For Products with the right of withdrawal, if the Product is damaged 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 can deduct an amount that he/she deems appropriate according to the said defect or change from the repayment to be made to the BUYER,
l) 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 discounts to be made by the BUYER during the return of the Product price and return),
m) Details of the BUYER's terms of use (special conditions) regarding various opportunities that may be applied on the Platform from time to time,
n) 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 it has been approved by the BUYER on the Platform and established, and the SELLER can be accessed for a period of three years. that he can keep,
o) 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 Consumer Arbitration Committees or Consumer Courts in accordance with the relevant provisions of the Law No. 6502.
ARTICLE 5: SELLER INFORMATION

Title

:

GEZMEZ JEWELRY INDUSTRY AND TRADE INC.

address

:

PLEVNE BULVARI NO:26C ALSANCAK /İZMİR

Mersis

:

4-5682-8628-2757796

Telephone

:

+90 (533) 423 61 36

fax

:


Seller Email

:

hello@gradiva.com.tr

Contracted Cargo Company

:

Yurici Cargo, UPS


ARTICLE 6: BUYER INFORMATION

Delivery Person Name - Surname

:


Delivery address

:


Telephone

:


Fax

:


Email/Username

:



ARTICLE 7: INVOICE INFORMATION

Billing address:

Title on Invoice:

Invoice Delivery: The invoice will be delivered to the delivery address along with the order at the time of order delivery.

ARTICLE 8: CONTRACTUAL PRODUCT INFORMATION

8.1. The basic features of the Product/Service (type, quantity, brand/model, color, number) are available on the Platform belonging to the SELLER. You can review the basic features of the product during the campaign.

8.2. The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a limited time are valid until the end of the specified period.

8.3. The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.

Product description

Piece

Advance Price

Subtotal (VAT Included)

Name of the product




Shipping Amount




Discounts








 

 

Total


* For simultaneous purchases made from the open market and/or other boutiques of the www.gradiva.com.tr website, the total discount amount, shipping cost and installment difference amount are shown in the table above.

Delivery address

:


Delivery Person

:


Billing address

:

…..

Order date

:

…..

Delivery method

:

Delivery to Buyer

8.4. BY PAYING THE PRICE OF THE GOODS THROUGH THE PLATFORM, THE BUYER WILL BE CONSIDERED TO PAY THE PRICE OF THE PRODUCT TO THE SELLER. RETURN RIGHTS OF THE BUYER UNDER RELATED LEGISLATION ARE RESERVED.

ARTICLE 9: GENERAL PROVISIONS

9.1. In order to shop on the platform named "www.gradiva.com.tr", it is necessary to be over 18 years old. The BUYER accepts, declares and undertakes that he is over the age of 18, along with approving this contract.

9.2. ''www. In the case of an error in the writing of the price and content caused by any technical problem on the platform named gradiva.com.tr', the SELLER may stop the sale of the faulty product or cancel the sale of the sold product. Presumably, the SELLER has the right to cancel unilaterally, without giving any reason.

9.3. In the event that the BUYER has preferred the payment method of the purchased product in the form of money order or EFT through the Bank; The SELLER starts to perform its own performance only after the money sent by the BUYER enters the SELLER's bank account.

9.4. In the case of payments to be made via EFT or money order through the bank, if the payment is not entered into the SELLER's account within 3 days, the SELLER may cancel the said order and will not deliver the product to the buyer.

9.5. The BUYER accepts, declares and undertakes that he has read the basic features, sales price and payment method, preliminary information regarding the delivery of the Product subject to the Contract on the Platform, has been informed, and has given the necessary confirmation in electronic environment. The BUYER, as a consumer, can deliver his requests and complaints using the SELLER contact information above and/or the channels provided by the Platform. BUYER's; By confirming the Preliminary Information Form electronically, before the establishment of the Distance Sales Contract, the SELLER accepts that he has obtained the address to be given to the BUYER, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely, declares and undertakes.

9.6. Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER, via the SELLER's contracted cargo company, within the period specified on the website, depending on the distance from the BUYER's place of residence, provided that it does not exceed the legal period of 30 days. If the SELLER fails to fulfill its obligations within this period, the BUYER may terminate the Agreement.. The delivery date specified as “estimated delivery date” on the website has been specified as an estimate and this expression does not include any commitment. In the event that the BUYER or the 3rd person to be delivered is not at the address at the time of delivery or the person to be delivered refrains from receiving the product, the SELLER is not responsible for the damages and expenses arising from the BUYER's late delivery and/or non-delivery of the product.

9.7. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, and the information and documents required by the job, free from all kinds of defects, in accordance with the requirements of the legal legislation, in accordance with the standards, within the principles of accuracy and honesty. It accepts, declares and undertakes to perform, to maintain and increase the quality of service, to show the necessary care and attention during the performance of the performance, to act with prudence and foresight.

9.8. The SELLER may supply a different product of equal quality and price, by informing the BUYER and by obtaining its explicit approval, before the expiry of the performance obligation arising from the Contract.

9.9. The BUYER accepts that he/she will confirm this Agreement electronically for the delivery of the Product subject to the Contract, and that in case of non-payment of the price of the product subject to the Contract for any reason and/or cancellation in the records of the bank, financial institution, the SELLER's obligation to deliver the product subject to the contract shall expire, declares and undertakes. The BUYER accepts, declares and undertakes that the SELLER has no responsibility for the payments made to the SELLER by the bank and/or financial institution, but for which a failed code is sent by the bank and/or financial institution for any reason.

9.10. The BUYER, after the delivery of the product subject to the contract to the person and/or institution at the address indicated by the BUYER or the BUYER, or as a result of the unfair use of the BUYER's credit card by unauthorized persons, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution, the BUYER It accepts, declares and undertakes that it will return the product subject to the contract to the SELLER within 3 days at the BUYER's expense.

9.11. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. If it detects damaged and defective goods/services, it will not take delivery from the cargo company by keeping a report. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER.

9.12. The delivery costs of the goods belong to the BUYER unless there is a contrary provision. If the SELLER has declared on the Platform that the delivery fee will be covered by himself, the delivery costs will belong to the SELLER. The delivery of the goods is made if the SELLER's stock is available and in the promised time after the payment is made.

9.13. In cases where the fulfillment of the goods or services subject to the order becomes impossible, the SELLER shall notify the BUYER in writing or with the BUYER's data storage within 3 (three) days from the date of learning of this situation, and all payments collected, including the delivery costs, if any, from the date of notification. It must be returned within four days at the latest. The situation that the goods are not in stock is not considered as the impossibility of fulfilling the performance of the goods. In the payments made by the BUYER by credit card, the average process for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER's account may take 3 (three) weeks. , accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.

9.14. If the BUYER and the credit card holder used during the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER, the SELLER shall provide the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order or request the BUYER from the bank of the card holder to submit a letter stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned requests are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order. In cases where the credit card holder and the BUYER are not the same person or there is a security vulnerability, the SELLER is not responsible for the damages arising from the good faith delivery of the goods by the SELLER.

9.15. In case of sending unordered goods, no rights can be claimed against the BUYER. In these cases, the BUYER's silence or the fact that he has used the goods cannot be interpreted as a declaration of acceptance for the conclusion of the contract.

9.16. Limits may be imposed on the number of products that the BUYER can order at the times announced on the Platform. If the BUYER orders more than the number of products specified in the announcements made on the Platform, the orders may be canceled and the product prices will be returned to the BUYER within the legal period. The BUYER accepts, declares and undertakes that he has created his order by accepting these matters, and that the SELLER has the right to cancel the order in orders exceeding the quantity limit.

ARTICLE 10: DELIVERY AND DELIVERY METHOD OF GOODS/SERVICES

The purchased goods will be delivered to the BUYER or the 3rd person notified by the BUYER, at the address the BUYER has notified to the SELLER, via the courier company agreed by the SELLER. In the event that the sent cargo is damaged (torn, burst, puncture and wetting, etc.), the BUYER will not be able to receive the goods and will have the courier official immediately issue a report. After the report is issued, the BUYER will send the damaged product and the report back to the SELLER. The SELLER is not responsible for the damages related to the goods/services that have not been issued and have been used.

ARTICLE 11: SPECIAL CONDITIONS

11.1. As a result of the handmade production of the ordered products by the SELLER, an excess or a shortage of 10% may occur in the carats and grams of the products. Due to the fact that the rings are adjusted according to the ring size specified by the BUYER, there may be a difference in gold grams. In the event that the SELLER performs its performance in accordance with these conditions, the sold goods are not considered defective goods. 

11.2. By organizing campaigns, your bank can apply a higher number of installments than the number of installments you choose, and services such as installment postponement can be offered. Such campaigns are at the discretion of your bank. Your bank will reflect on your credit card summary by dividing the order total by the number of installments starting from the account cutoff date of your credit card. The bank may not distribute the installment amounts equally to the months, taking into account the fractional differences. The creation of your detailed payment plan is at the discretion of your bank.

ARTICLE 12: RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL AND INTELLECTUAL RIGHTS

12.1. Name, surname, e-mail address of the BUYER, which can be defined as personal data within the scope of the Law on Protection of Personal Data No. 6698, T.C. ID number, demographic data, financial data, etc. informations; for the purposes of receiving orders, providing products and services, developing products and services, solving systemic problems, performing payment transactions, and -in case of prior approval--to be used in marketing activities about orders, products and services; and for the purpose of updating the information of the BUYER, the management and maintenance of the memberships, the execution of the distance sales contract and other agreements established between the BUYER and the SELLER, and for the technical, logistics and other similar functions of the third parties to be provided by the SELLER and third parties and / or organizations. It can be recorded indefinitely, stored in written and electronic archives, used, updated, shared, transferred and processed in other ways.

12.2. SMS/short message, instant notification, automatic call by the SELLER for credit card and membership information, transaction and applications for promotion, advertisement, communication, promotion, sales and marketing purposes regarding all kinds of products and services in accordance with the applicable legislation. Commercial electronic communications can be made via computer, telephone, e-mail/mail, fax, other electronic communication tools, the BUYER has accepted to be sent commercial electronic messages.

12.3. The necessary measures for the security of the information and transactions entered into the Platform by the BUYER 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 said information is entered from the devices belonging to the BUYER, 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 persons.

12.4. The BUYER may request that the data usage-processing and/or communications be stopped at any time by reaching the SELLER through the specified communication channels. 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 wishes, his 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, to request the processing of his personal data, the correction of the persons to whom the data is transferred in case of incomplete or inaccuracy, the notification of the corrected information to the relevant third parties, the deletion or destruction of the data, and the objection to the emergence of a result against him by analyzing it with automatic systems, In case of loss due to unlawful processing of the data, the SELLER can always be contacted and information can be obtained on issues such as the elimination of the damage and requesting the suspension of the transaction. The aforementioned applications will be examined and the BUYER will be returned within the period stipulated in the legislation.

12.5. Regarding all kinds of information and content of the Platform and their arrangement, revision and partial/complete use; All intellectual and industrial rights and property rights belong to the SELLER.

ARTICLE 13: RIGHT OF WITHDRAWAL

13.1. The BUYER can return the purchased goods/services within 14 (fourteen) days from the date of delivery, without taking any legal or penal liability and without giving any reason, using the right of withdrawal.

13.2. With the notification of the right of withdrawal and the notification regarding the Agreement, it will be used by e-mail to our e-mail address hello@gradiva.com.tr or by phone at +90 (533) 423 61 36.

13.3. In order to exercise the right of withdrawal, the SELLER must be notified within the period in accordance with the provisions of the legislation and the product must be returned.

13.4. In case of exercising the right of withdrawal:

  1. a) The BUYER sends the goods back to the SELLER with the contracted cargo company within 10 (ten) days from the use of his right of withdrawal and within 14 days from the delivery of the goods to the BUYER.
  2. b)The box, packaging, standard accessories, if any, to be returned within the scope of the right of withdrawal, must be returned with the goods as a gift, complete and undamaged.

13.5. If the BUYER uses the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period, it is not responsible for any changes and deteriorations that occur.

13.6. Within 14 (fourteen) days following the exercise of the right of withdrawal, the cost of the goods is returned to the BUYER as paid. While the Goods are returned to the SELLER, the original invoice submitted to the BUYER during the delivery of the Goods must also be returned by the BUYER. The BUYER is obliged to send the waybill, certificate, insurance forms, product box, packaging and all other documents and materials completely to the SELLER together with the product return. If these materials and the return information fields on the invoice are filled and signed and the invoice is not sent, the price, VAT and other legal obligations of the products are not refunded. During the return shipment, in cases of deterioration, damage or other depreciation in the product and the documents and materials sent with the product due to reasons originating from the courier companies or the BUYER, the responsibility belongs to the BUYER and the return procedure is not applied.

13.7.In the event that the BUYER sends the product to be returned by the SELLER via the contracted cargo company specified in Article 5 of this contract, the SELLER shall not demand the shipping cost and delivery cost from the BUYER. However, if the BUYER sends the goods to be returned with any cargo company other than the SELLER's contracted cargo company, the SELLER is not responsible for the return shipping cost, delivery costs and any damage to the goods during the cargo process.

13.8. In cases where the BUYER uses its right of withdrawal, in the event of cancellation of the order or in cases where the product subject to the order cannot be supplied for various reasons, or in cases where the decision of the arbitral tribunal is decided to refund the BUYER, if the shopping is made with a credit card and in installments, the procedure for returning to the credit card is stated below. :

In how many installments the BUYER has purchased the product, the Bank makes the repayment to the BUYER in installments. After the SELLER has paid the entire product price to the bank at once, in case the installment expenditures made from the Bank's POS are returned to the BUYER's credit card, the requested refund amounts are transferred by the Bank to the bearer's accounts in installments so that the parties involved do not become victims. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the card's account cut-off dates do not coincide, 1 (one) refund will be reflected on the card each month, and the BUYER will receive the installments paid before the return for another month, after the installments of the sale are over, equal to the number of installments paid before the return receivables and will be deducted from existing debts.

ARTICLE 14: CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED

The BUYER cannot use the right of withdrawal in the following contracts:

a) Contracts for goods or services whose prices vary depending on the fluctuations in the financial markets and which are not under the control of the SELLER.
b) Goods prepared in line with the wishes or personal needs of the consumer, products produced specially for the person (named products, full-size wedding rings, made-to-measure wedding rings, knuckle, fingerprint products, etc.), products with campaigns, outlet category products, personalized with changes or additions. Contracts for products that are customized and made to measure (any size other than standard ring size 13-14, bracelet size change, writing, production with different stones, etc.).
c) Contracts for the delivery of perishable or expired goods
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is not suitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts for books, digital content and computer consumables offered in material environment if protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription contract.
g) Contracts for accommodation, transportation of goods, car rental, catering and leisure time for entertainment or recreation, which must be made on a certain date or period.
ğ) Contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the BUYER.
h) Contracts regarding the services that are started to be performed with the approval of the BUYER, before the expiry of the right of withdrawal.
I) Contracts for products used by the customer other than their usual use

Goods/Services subject to the contract, which are outside the scope of application of the Regulation on Distance Contracts (food, beverages or other daily consumption items delivered to the BUYER's residence with the regular deliveries of the SELLER, and services in areas such as travel, accommodation, restaurant, entertainment sector. ) In the case of goods/service types, the right of withdrawal cannot be exercised because the provisions of the Distance Contracts Regulation are not applied to the legal relationship between the BUYER and the SELLER.

ARTICLE 15: RESOLUTION OF DISPUTES

15.1. In the implementation of this Distance Sales Agreement, Consumer Arbitration Committees and Consumer Courts are authorized in the place where the BUYER purchases the Goods or Services and where he or she resides, depending on the value declared by the Ministry of Commerce.

15.2. District/provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in paragraph 1 of Article 68 of the Consumer Protection Law No. 6502.

ARTICLE 16: PRICE OF THE GOODS/SERVICES

The cash or deferred sales price of the goods is included in the order form, but is the price included in the information mail sent at the end of the order and in the invoice sent to the customer together with the product. Discounts, coupons, shipping charges and other applications made by the SELLER are also reflected in the sales price.

ARTICLE 17: STATUS OF DEFAULT AND LEGAL CONSEQUENCES

In the event that the BUYER defaults on the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card contract signed by the bank with him and will be liable to the bank. In this case, the relevant bank may take legal action and request the costs and attorney's fees from the BUYER. In any case, in the event that the BUYER defaults due to its debt, the BUYER shall be responsible for the loss and damage suffered by the SELLER due to the delayed performance of the BUYER's debt.

ARTICLE 18:  NOTICES and EVIDENCE AGREEMENT

18.1. Any correspondence to be made between the Parties under this Agreement will be made via e-mail, except for the mandatory cases listed in the legislation.

18.2. The BUYER shall provide evidence within the meaning of Article 193 of the Code of Civil Procedure, that the official books and commercial records of the SELLER, electronic information and computer records kept in its database and servers shall constitute binding, definitive and exclusive evidence in disputes that may arise from this Agreement. accepts, declares and undertakes that it is in the nature of a contract.

ARTICLE 19: EFFECTIVENESS

This Agreement, which consists of 19 (nineteen) articles, has been read by the Parties and has been concluded and entered into force by being approved by the BUYER electronically on the transaction date. A copy of the contract is available in the BUYER's membership account and can also be sent by e-mail upon request.