Article 1 - Parties to the Agreement
Seller : KİSWAH CULTURE ART AND JEWELRY LIMITED COMPANY
Mersis No. : 0563065128700014
Address : Yenibosna Merkez Mah. Değirmenbahçe Cad. No:17 İSTWEST Sitesi A2A Block Floor:1 D:20 Bahçelievler /İSTANBUL
Phone: 0212 803 1428
Email : kiswah@kiswahjewellery.com
Recipient : Customer
Article 2 - Subject of the Agreement
Law No. 6502 on the Protection of Consumers and Distance Contracts Implementation Principles and Conditions regarding the sale and delivery of goods and/or services with the qualifications shown and the sales price specified, which the Buyer orders electronically from the Seller's website https://kiswahjewellery.com/ It is the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation on Procedures. In this regard, the Buyer accepts and declares in accordance with the provisions of this contract that he has read and informed all preliminary information regarding the basic characteristics of the product subject to sale, the sales price and payment method and delivery, and has given the necessary confirmation electronically. The preliminary information on the payment page of the website and the invoice for the order are integral parts of this contract.
Article 3 - Date of the Agreement
These two copies of the contract, previously signed by the Seller, will be signed and accepted by the Buyer on …. and one copy will be sent to the Buyer's e-mail address.
Article 4 - Delivery of Goods or Services
The product subject to the contract shall be delivered to the Buyer personally or at the address indicated by the Buyer within the period explained in the preliminary information, depending on the distance of the Buyer's settlement for each product, provided that the stocks are available and the legal period of 30 days from the date of transfer of the price of the goods to the Seller's account. It is delivered to a large person or organization. If the product subject to the contract is to be delivered to a person or organization other than the Buyer, the Seller cannot be held responsible if the person or organization to be delivered does not accept the delivery. Delivery costs will be covered by the Buyer unless the Seller declares otherwise.
If the price for goods or services is not paid for any reason or is canceled in bank records, the Seller is deemed to be free from the obligation to deliver the goods or services.
Article 5 – General Provisions
The seller is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any. The buyer will inspect the product subject to the contract before receiving it; dents, broken, packaging torn, etc. The damaged or defective product will not be delivered from the cargo company. The product is received shall be deemed to be undamaged and intact. After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product to the Seller due to the unfair or unlawful use of the Buyer's credit card by unauthorized persons, which is not due to the Buyer's fault, the Buyer will have 3 days' notice, provided that the product has been delivered to him. It must be sent to the Seller within . In this case, delivery costs belong to the Buyer. If the product is not delivered to the Buyer, the Buyer is still obliged to pay this price. If the Seller cannot deliver the product subject to the contract within the deadline due to force majeure or extraordinary circumstances such as weather conditions that prevent transportation, interruption of transportation, he is obliged to notify the Buyer of the situation. In this case, the Buyer may exercise one of the rights to cancel the order, replace the product subject to the contract with a comparable product, if any, and/or postpone the delivery period until the hindering situation disappears. If the Buyer cancels the order, the amount paid will be paid to him/her in cash and in full within 10 days. The cash price of the product or the price according to the maturity made to the sales price is included in the sample invoice e-mailed at the end of the order and the invoice sent to the customer along with the product.
If the Buyer makes purchases by credit card and in installments, the installment method chosen from the site is valid. In installment transactions, the relevant provisions of the contract signed between the Buyer and the cardholder bank are valid. The credit card payment date is determined by the provisions of the contract between the bank and the Buyer. The buyer can also follow the number of installments and payments from the account statement sent by the bank.
Article 6 - Right of Withdrawal
The buyer has the right to withdraw within 14 (fourteen) days from the delivery of the product subject to the contract to him or the person or organization at the address indicated. In order to exercise the right of withdrawal, the Seller must be notified by fax, e-mail or telephone within this period and the product must not be used. The price of the product purchased by the Buyer as a special production will not be refunded to the Buyer.
If the right of withdrawal is exercised, it is mandatory to return the product delivered to the third party or the Buyer and the original invoice. Within 7 days after the notification regarding the right of withdrawal is received and the product is returned, The price of the product is refunded to the Buyer. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The shipping cost of the product returned due to the right of withdrawal is covered by the Seller.
Article 7 – Return Conditions
The Buyer may return the product within 14 days from the delivery of the product within the scope of the Right of Withdrawal specified in Article 6 of this contract. In this case, the Seller is obliged to refund the total price to the Buyer within 30 days from the date of receipt of the notice of withdrawal and the product. If there is a decrease in the value of the goods due to a reason caused by the Buyer's fault or if the return becomes impossible, the Buyer must compensate the Seller's damages in proportion to the fault. becomes liable.
If the campaign limit amount set by the Seller falls below due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.
Article 8 - Event of Default
If the Buyer goes into default in his credit card transactions, the bank may take legal action within the framework of the credit card agreement made with the cardholder bank; may request the incurred costs and attorney fees from the Buyer. The Buyer agrees to pay the Seller's losses and damages arising from the delayed performance of the debt.
Article 9 - Competent Court
In disputes that may arise from this contract, Consumer Arbitration Committees up to the value declared by the Ministry of Industry and Trade, Consumer Courts above the specified value; In places where it is not available, Civil Courts of First Instance are authorized. This agreement will be interpreted and implemented in accordance with the Laws of the Republic of Turkey. Istanbul Bakırköy Courts and Enforcement Offices will be authorized to resolve disputes regarding the interpretation and implementation of this agreement.
In case of disputes arising from the implementation of this contract, the Seller's book records and all kinds of records kept in the computer environment will constitute valid, binding, definitive and exclusive evidence within the scope of the Code of Civil Procedure, and that this article is in the nature of an evidentiary contract.