Distance Sales Agreement

DISTANCE SALES CONTRACT PRELIMINARY INFORMATION FORM


By confirming your order for the product detailed below, you agree to purchase the relevant product at the price and conditions below.
SALES PERSON
Title: Vanessa Baruh and Murat Ali Gök Ordinary Partnership
Address: Akkavak St. Ardi Apt. No 34 Floor 2 D.3, Nişantaşı Teşvikiye Istanbul
Phone: 05368197971
Email: shop@baguettejewellery.com
Contact Information for Complaints: shop@baguettejewellery.com


PRODUCT INFORMATION:
The type, quantity, brand/model, number, sales price and payment method of the product subject to sale are as follows.
Product Type: [______]
Product Description: [_______]
Number: [_____]
Sales Price (including VAT and all expenses): [________]
Shipping Fee: [________]
*Shipping costs will be determined based on the product price. Since it cannot be calculated in advance, additional costs may be incurred.
Contracted Cargo Company Information to be Used in Case of Withdrawal: [________]
Other Expenses to be Covered by the Seller: [________]
Payment method: [_____]
Shipping Address: [_____]
Person to be Delivered: [_______]
Billing Address: [________]


RIGHT OF WITHDRAWAL:
The Buyer has the right to withdraw from the contract by rejecting the product within fourteen days from the date of receipt, without assuming any legal or criminal liability and without providing any justification. Upon informing the Seller that the Buyer wishes to exercise their right of withdrawal within the applicable period, they must complete the sample right of withdrawal form attached to this contract and send it to the Seller via any of the communication methods specified in this contract. Products to be returned under the right of withdrawal must be returned complete and undamaged, including their box, packaging, standard accessories (if any), and any other gifts included with the goods. Furthermore, if the right of withdrawal is to be exercised, the returned products must not be used by the Buyer.
As long as the Buyer sends the returned Product to the Seller using the Seller's contracted cargo company specified in the Preliminary Information Form, the return shipping cost will be the responsibility of the Seller. If the Buyer sends the returned Product using a cargo company other than the Seller's contracted cargo company specified in the Preliminary Information Form, the Seller is not responsible for the return shipping cost or any damage to the Product incurred during the shipping process. If there is no branch of the Seller's contracted cargo company at the Buyer's location for the return, the Buyer may send the Product using any cargo company, in which case the shipping cost will be the responsibility of the Seller. However, if the Buyer makes a purchase from a location other than the Seller's headquarters in Turkey and the Product is delivered to an address outside of Turkey, the Buyer is solely responsible for all shipping costs (including returns), as well as any customs duties and other administrative payments that may arise during this process. In any case, the relevant shipping costs (including returns) will be determined according to the product price as specified in this Agreement. Since they cannot be calculated in advance, additional costs may be charged.
The buyer cannot exercise his right of withdrawal in cases where the following goods or services are purchased.
– Products that are custom-made, designed, modified, added or removed in line with the Buyer's wishes or personal needs.
-Products with any changes and/or additions to the original size, weight or design determined by the Seller in accordance with the Buyer's request.
-Products that cannot be resold
– Products prepared with white gold and therefore considered as special orders as mentioned above.
-Products produced/designed specifically for individuals according to personal measurements or in other ways.
– Goods that have protective elements such as packaging, tape, seal, or package opened after delivery; those that are not suitable for return in terms of health and hygiene.

The Buyer accepts that the notification regarding the right of withdrawal has been made as required by the Distance Contracts Regulation.

DISTANCE SALES CONTRACT
ARTICLE 1 - PARTIES
SALES PERSON
Title: Vanessa Baruh and Murat Ali Gök Ordinary Partnership
Address: Akkavak St. Ardi Apt. No 34 Floor 2 D.3, Nişantaşı Teşvikiye Istanbul
Phone: 05368197971
Email: shop@baguettejewellery.com
Contact Information for Complaints: shop@baguettejewellery.com
ARTICLE 2 - DEFINITIONS
In the application and interpretation of this agreement, the following terms will refer to the written explanations opposite them:
Ministry: Ministry of Trade of the Republic of Turkey,
Law: Consumer Protection Law No. 6502,
Regulation: Distance Contracts Regulation published in the Official Gazette dated 27 November 2014 and numbered 29188.
Service: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit.
Goods/Product: Movable goods subject to shopping,
Seller: A company that offers goods to consumers within the scope of its commercial or professional activities or acts on behalf or on behalf of the supplier of goods.
Buyer: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes.
Parties: Seller and Buyer,
Contract: This contract is made between the Seller and the Buyer.
ARTICLE 3 - SUBJECT OF THE CONTRACT:
3.1 This Distance Selling Agreement ("Agreement") has been drawn up in accordance with the Consumer Protection Law No. 6502 ("Law") and the Distance Contracts Regulation ("Regulation"). The parties to this agreement acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from the Consumer Protection Law and the Distance Contracts Regulation.
3.2. The subject of this Agreement consists of determining the rights and obligations of the parties in accordance with the provisions of the Law and Regulation regarding the sale and delivery of Goods/Services having the qualities specified in the Agreement, for which the Buyer has placed an electronic order for the purchase of Goods/Services belonging to the Seller from the website named baguettejewellery.com/?v=ebe021079e5a (“Site”) belonging to the Seller.
ARTICLE 4 - PRODUCT INFORMATION:
Product Type, Quantity, Brand/Model, Number, Sales Price and Payment Method are as stated below.
Product Type: [______]
Product Description: [_______]
Number: [_____]
Sales Price (including VAT and all expenses): [________]
Shipping Fee: [________]
Contracted Cargo Company Information to be Used in Case of Withdrawal: [________]
Other Expenses to be Covered by the Buyer: [________]
Payment method:
Shipping Address: [_____]
Person to be Delivered: [_______]
Billing Address: [________]
ARTICLE 5 – DELIVERY METHOD
The Agreement enters into force upon electronic confirmation by the Buyer and is executed upon delivery to the Buyer of the Goods/Services purchased from the Seller. The ordered products will be delivered to the address and authorized person(s) specified by the Buyer on the order form.
ARTICLE 6 – DELIVERY COSTS AND PERFORMANCE
6.1. Delivery of the goods will be made within the promised timeframe, provided the Seller's stock is available and after payment is received. The Seller will deliver the goods/services within 30 (thirty) days of the Buyer's ordering of the goods/services, save for circumstances where performance of the ordered goods/services becomes impossible (including force majeure). If an "estimated delivery date" is stated on the website for the ordered products, the Buyer acknowledges that such delivery date is an estimate and that this statement does not impose any commitment on the Seller.
6.2. If the price of the Goods/Services is not paid by the Buyer for any reason or the payment is cancelled in the bank records, the Seller shall be deemed to be released from its obligation to deliver the Goods/Services.
6.3. In case of order cancellations made by the Buyer after the Product has been shipped by the Seller but before it has been received by the Buyer, the Buyer is responsible for the shipping cost.
6.4. If the Product is not available at the address specified by the Buyer at the time of delivery, the Seller will be deemed to have fully and completely fulfilled its obligations. If no one is available to receive the ordered products at the address, the Buyer will be responsible for contacting the cargo company and tracking the shipment of the products. 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 is not available at the address or refuses to accept delivery. In such cases, all damages arising from the Buyer's late receipt of the Product, as well as any expenses incurred due to the Product being held by the cargo company and/or the cargo being returned to the Seller, will be the responsibility of the Buyer.
ARTICLE 7 – GENERAL PROVISIONS
7.1. The parties to this agreement are the Buyer and the Seller, and all obligations and responsibilities related to the fulfillment of this agreement belong to the parties. This agreement shall enter into force on the date it is electronically approved by the Buyer.
7.2. The Buyer acknowledges, declares, and undertakes that it has read and understood all information regarding the features and sales conditions of the Product, the subject of the contract specified in Article 3, and that it has given the necessary approval for the purchase of this Product. By electronically confirming this Agreement and the Preliminary Information Form, the Buyer confirms that it has obtained all the information required to be shared by the Seller to the Buyer, including the address required to be provided by the Seller to the Buyer before the conclusion of distance contracts, the basic characteristics of the ordered Goods/Services, the price of the Goods/Services including taxes, payment and delivery, and the delivery price, as required by relevant legislation.
7.3. Prices and promises announced on the Seller's website are valid until updated or changed. Prices announced for a limited period are valid until the end of the specified period. The Seller may make changes to the stated prices at any time. All rights in this regard are reserved.
7.4. The cash or deferred sales price of the Product is the price included in the order form, the email notification sent after the order, and the invoice sent to the customer along with the Product. Discounts, coupons, shipping costs, and other offers made by the Seller are reflected in the sales price. A discount applied to one Product does not guarantee that it will be applied to other products.
7.5. The Seller is responsible for delivering the contractual Product intact, complete, and in accordance with the specifications specified in the order. The Buyer is expected to inspect the Contractual Product before accepting delivery. If the Buyer receives a damaged or defective Product (such as a damaged, broken, torn packaging, etc.) from the courier company, the Seller assumes full responsibility. The Product received by the Buyer from the courier company will be deemed undamaged and intact. All responsibility and damages, including careful preservation of the Product after delivery, belong to the Buyer.
7.6. The Seller will use its best efforts to resolve any Buyer's complaints arising from this Agreement within a reasonable timeframe and in a reasonable manner. The Buyer may direct all requests and complaints to the Seller by sending a message to shop@baguettejewellery.com.
7.7. If the Buyer cancels the order for any reason, if the Buyer made the payment in cash, the amount in question will be paid to the Buyer in cash and in a lump sum within 14 days. For payments made by the Buyer via credit card, the product price will be refunded to the relevant bank within 14 days of the Buyer's cancellation of the order. The Buyer acknowledges, declares, and undertakes that the average time it takes for the bank to reflect the amount refunded to the Seller's credit card into the Buyer's account may be 2 to 3 weeks. Since the reflection of this amount in the Buyer's account after the refund to the bank is entirely dependent on the bank transaction process, the Buyer cannot hold the Seller responsible for any possible delays.
7.8. The Seller's website may contain links to other websites and/or other content that are not under the Seller's control and/or owned and/or operated by third parties. These links are provided for the Buyer's convenience and do not endorse any website or its operator, and do not constitute any guarantee regarding the information contained on the linked website.
7.9. As a seller, all sales we make through our website are directed to end consumers and these sales do not give consumers the right to resell these products.
7.10. If the Seller cannot deliver the Goods/Services subject to the Contract within the specified time due to force majeure events that occur beyond the will of the parties, are not present at the time of the Contract, and are unforeseeable, prevent and/or delay the parties from partially or completely fulfilling their obligations and responsibilities (natural disasters, war, terrorism, strikes and lockouts, seizures, significant malfunctions of production and communication facilities, states of emergency, regional or global epidemics, etc.), or extraordinary circumstances that prevent transportation, the Seller is obliged to notify the Buyer within 3 (three) business days from the date it becomes aware of the situation. In such a case, the Buyer has the right to request the cancellation of the order, the replacement of the contractual product with a comparable product, if any, and/or the postponement of the delivery period until the preventing condition is eliminated. No liability will arise for the parties' failure to perform their obligations during the force majeure event. If the force majeure event persists for 30 (thirty) days, each party has the right to unilaterally terminate the Contract.
ARTICLE 8 – RIGHT OF WITHDRAWAL:
8.1. The Buyer has the right to withdraw from the contract by rejecting the product within 14 (fourteen) days from the date of receipt of the product, without assuming any legal or criminal liability and without giving any justification. Upon informing the Seller that the Buyer wishes to exercise the right of withdrawal within the applicable period, the Buyer shall complete the sample right of withdrawal form attached to this contract and send it to the Seller via any of the communication methods specified in this contract. Products to be returned under the right of withdrawal must be returned complete and undamaged, including the box, packaging, standard accessories (if any), and any other gifts included with the goods. Furthermore, if the right of withdrawal is to be exercised, the returned products must not be used by the Buyer.
8.2. In the event of exercising the right of withdrawal, the Buyer shall return the Product to the Seller within 10 (ten) days of exercising the right of withdrawal. The price of the Product shall be refunded to the Buyer in the same manner as paid to the Seller within 14 (fourteen) days following the exercise of the right of withdrawal. When the Goods are returned to the Seller, the original invoice and right of withdrawal form presented to the Buyer at the time of delivery must also be returned by the Buyer. If the value of the Goods decreases due to the Buyer's fault, or if return becomes impossible, the Buyer is obligated to compensate the Seller for damages to the extent of the Buyer's fault. However, the Buyer is not responsible for any changes or deterioration incurred due to improper use of the Goods or Products during the right of withdrawal period. If the discount amount falls below the campaign limit set by the Seller due to the exercise of the right of withdrawal, the discount amount utilized within the scope of the campaign shall be canceled. Upon exercising the right of withdrawal, any ancillary agreements between the Buyer and Seller shall terminate without liability for expenses, compensation, or penalties.

8.3.. As long as the Buyer sends the returned Product to the Seller using the Seller's contracted cargo company specified in the Preliminary Information Form, the return shipping cost will be the responsibility of the Seller. If the Buyer sends the returned Product using a cargo company other than the Seller's contracted cargo company specified in the Preliminary Information Form, the Seller is not responsible for the return shipping cost or any damage to the Product that may occur during the shipping process. If there is no branch of the Seller's contracted cargo company at the Buyer's location for the return, the Buyer may send the Product using any cargo company, in which case the shipping cost will be the responsibility of the Seller. However, if the Buyer makes a purchase from a location other than the Seller's headquarters in Turkey and the Product is delivered to an address outside of Turkey, the Buyer is solely responsible for all shipping costs (including returns), as well as any customs duties and other administrative payments that may arise during this process. In any case, the relevant shipping costs (including returns) will be determined according to the product price as specified in this Agreement. Additional costs may be required because they cannot be calculated in advance.
8.4. The Buyer cannot exercise his right of withdrawal in cases where the following goods or services are purchased.
– Products that are custom-made, designed, modified, added or removed in line with the Buyer's wishes or personal needs.
-Products with any changes and/or additions to the original size, weight or design determined by the Seller in accordance with the Buyer's request.
-Products that cannot be resold
– Products prepared with white gold and therefore considered as special orders as mentioned above.
-Products produced/designed specifically for individuals according to personal measurements or in other ways.
– Goods that have protective elements such as packaging, tape, seal, or package opened after delivery; those that are not suitable for return in terms of health and hygiene.
ARTICLE – 9 COMPETENT COURT:
In all complaints and objections of the Buyer and in other disputes that may arise in relation to this contract, the Consumer Problems Arbitration Committees at the Buyer's or Seller's place of residence shall have jurisdiction up to the value declared annually by the Ministry of Commerce of the Republic of Turkey, and in disputes exceeding this value, the Istanbul Central (Çağlayan) Consumer Courts shall have jurisdiction.

This contract was drawn up on ……….

ANNEX-1: Screenshot
ANNEX-2: Sample Right of Withdrawal Form

ANNEX-2 Right of Withdrawal Form
-To: (The seller's name, title, address, fax number (if any), and e-mail address will be included.)
-With this form, I declare that I exercise my right of withdrawal from the contract regarding the sale of the following goods or provision of services.
-Order date or delivery date:
-Goods or services subject to the right of withdrawal:
-The price of the goods or services subject to the right of withdrawal:
-Recipient's name and surname:
-Buyer's address:
-Recipient's signature: (Only if sent on paper)
-History: