Distance Selling Agreement
1. Parties: 1.1. Seller:
- Name: Janyag Jewellery
- Address: Emin Sinan Mah. Evkaf Sk. No:7/404 Fatih – Istanbul
- Website: www.janyag.com
- Email: info@janyag.com
- Phone: +905348107400
- Trade Registry No: 280573-5
- MERSIS No: 2788394869400001
1.2. Buyer:
- Name:
- Phone:
- Address:
- Email:
- IP Address:
2. Subject of the Contract: The subject of this Distance Sales Contract (hereinafter referred to as the “Contract”) is the determination of the rights and obligations of the Parties regarding the sale and delivery of the product, which the Buyer purchases by ordering from the website www.janyag.com (hereinafter referred to as the “Website”) owned by the Seller in electronic form, which has the qualities specified on the Website and the sales price specified.
3. Scope of the Contract: 3.1. The provisions of this Contract are subject to the provisions of the Turkish Commercial Code No. 6102, as the Parties are merchants within the scope specified in the Turkish Commercial Code No. 6102 and because the subject matter of the Contract is considered a “commercial transaction” within the scope of the Turkish Commercial Code No. 6102 and the General Provisions of the Turkish Code of Obligations No. 6098. The provisions of the Law No. 6502 on the Protection of the Consumer and the relevant secondary legislation do not apply to Buyers. In this context, for Buyers, the definition of “consumer” within the meaning of the Law on the Protection of the Consumer does not apply, and Buyers do not have the right to benefit from the rights and powers granted to consumers in accordance with the legislation mentioned, including primarily the right of withdrawal.
3.2. The Buyer acknowledges and declares that they are informed about all the information related to the product subject to the sale, such as the basic qualifications of the product, the sales price, the quantity, the payment method, the delivery conditions, and the cancellation and return conditions, which are stated on the Website, and confirmed this information electronically with their own will and then ordered the product.
3.3. The preliminary information form and proforma invoice on the payment page on the Website and the Terms of Use and Privacy Notice are annexes and integral parts of this Contract.
3.4. After selecting the product, the Buyer can upload the design files in PDF, PSD, AI, INDD, SVG, EPS formats to the Website. After checking the suitability of the design for printing and receiving electronic confirmation from the Buyer, either through the email provided during the order or by clicking the confirmation button on the Website, the Seller will proceed to print the Buyer’s order.
4. Rights and Obligations of the Parties:
4.1. The Seller is obliged to send the design files after full payment has been made through the Website within the delivery date specified for each product and to print and send them without any deficiencies.
4.2. The Buyer is responsible for providing all the information requested from them, such as name, surname, company name, email address, phone, address, invoice information, while registering on the Website and placing an order, in a lawful, up-to-date, accurate, and complete manner.
5. Provisions Regarding Orders: 5.1. The parties of this Contract are the Buyer and the Seller. In this context, all obligations and responsibilities related to the fulfillment of this Contract belong to the parties of the Contract.
5.2. The Buyer must enter the required information on the Website to be able to order products from [the website address]. If the Buyer places an order without registering, the Buyer becomes a member of the Website by confirming the Terms of Use, Privacy Policy, and other necessary documents at the end of the order without providing any reason. The Buyer can terminate their membership at any time without showing any reason.
5.3. The Buyer can place an order for printed products by selecting options such as the type of printed material, size, color, quantity, and uploading the design.
5.4. The Buyer accepts in advance that the conditions for returning the ordered products will vary depending on whether the products are ready-made, personalized, or specially ordered.
5.5. After selecting the order, the Buyer can upload the design files on the Website in PDF, PSD, AI, INDD, SVG, EPS formats. After checking the suitability of the design for printing and receiving electronic confirmation from the Buyer, the order will be printed.
5.6. After the Buyer completes the purchase, within 7 (seven) days, the suitability of the design for printing, resolution, layout, bleed allowance, etc., is checked. If necessary, corrections are made in these areas. The finalized design and the confirmation of the order’s suitability are sent to the Buyer via email.
5.7. The Buyer must approve the design, which has been adjusted to be most suitable for printing, within 7 (seven) days of receipt. If the design is not approved within the specified period, the design will be printed in its original state as initially created by the Buyer. The Buyer is responsible for reading and selecting the options presented to them when choosing the product. The Buyer is solely responsible for any errors in the options declared and chosen while selecting the product and for the preparation of the product according to their request as chosen from the Website.
5.8. Once the Buyer has selected the product with all its specifications and completed their preferences, the purchase transaction is completed upon payment.
5.9. After the Buyer approves the design, the ordered products will be printed and delivered to the Buyer’s address within 30 (thirty) days at the latest, provided that the payment for the order has been received by the Seller.
6. CANCELLATION AND RETURN CONDITIONS
6.1. Since the products and services are custom-made or modified according to the Buyer’s special requests or requirements, cancellation and return of such products and services are not possible.
6.2. The Buyer has the right to completely withdraw from the order before approving the suitability of the order and the design, and before the purchased products are sent for printing. If the Buyer notifies the Seller of this withdrawal request in a timely manner via email or through the “Customer Service” telephone number specified on the Website, the product price will be refunded to the Buyer within 10 (ten) business days, or upon the Buyer’s request or approval, this amount may be kept in their account and used for future orders, or a coupon code may be issued upon the Buyer’s request for them to use in future orders.
6.3. In case the Buyer requests the cancellation of the ordered products before they are sent for printing, the amount paid for the relevant orders will be refunded to the Buyer within 10 (ten) business days, deducting any fees for transactions already made (such as proof printing, graphic editing, etc.).
7. DELIVERY OF PRODUCTS AND DELIVERY METHOD
7.1. The ordered products will be delivered to the address specified by the Buyer unless otherwise indicated in writing by the Buyer. The Buyer acknowledges, declares, and undertakes that the “Delivery Information” and “Recipient” information provided for the delivery of the order is correct, up-to-date, and that the order can only be received by the Buyer or designated recipients upon presentation of identification.
7.2. Unless otherwise stated, delivery costs shall be borne by the Buyer. If the Seller has declared on the Website, during the transaction process, that delivery charges will be covered by the Seller for purchases above a certain amount, or that free delivery will be provided as part of a promotion, then the delivery fee shall be borne by the Seller. However, the Seller is free to determine under which conditions the delivery will be covered by them and is not obligated to make any commitments regarding the delivery fee.
7.3. Delivery will be made as soon as possible, depending on the availability of ready-made products or the production time for printed products, and upon receipt of the order amount into the Seller’s account, provided that it does not exceed 30 (thirty) days.
7.4. The order shall be deemed to have been placed once confirmation is received regarding the payment information of the Buyer, and if the Buyer has uploaded their design, confirmation has been received regarding the suitability of the design for printing through electronic communication, or approval has been obtained through the email provided by the Buyer or the approval button on the Website.
7.5. Orders placed on Saturdays, Sundays, or official holidays shall be deemed to have been placed on the first business day following the confirmation of payment information.
8. SELLER’S LIABILITY FOR DEFECTS
8.1. In accordance with the Turkish Commercial Code No. 6102, the Buyer is responsible for inspecting for defects at the time of delivery of the ordered products.
8.2. In the event of a clear defect in the delivered products, the Buyer is obliged to notify the Seller within 3 (three) days in accordance with Article 23/c of the Turkish Commercial Code No. 6102. Otherwise, the Buyer shall be deemed to have accepted the delivered product with defects in accordance with Article 223 of the Turkish Code of Obligations No. 6098.
8.3. The Buyer has the obligation to inspect and detect any hidden defects in the delivered products (which are not clearly visible) and to report them to the Seller within 8 (eight) days from the date of delivery. Otherwise, the Buyer shall be deemed to have accepted the delivered product with defects in accordance with Article 223 of the Turkish Code of Obligations No. 6098.
8.4. Along with the defect notification, the Buyer must create a return request via the Website and send the product back to the Seller in its original packaging, with all packaging materials intact and without physical damage. Additionally, all original copies of invoices and receipts must be returned with the products.
8.5. Except for damages caused by the carrier during delivery, if there is any abnormal condition such as damage, dent, wetness, which can be noticed before opening the package, the Buyer must request the delivery person to prepare a report.
8.6. After receiving the notification of the defect in accordance with the procedure and inspecting the product delivered to them, the Seller will, if the Buyer’s claims are justified (such as color discrepancies, errors in the printing process), replace the defective product or reprint it at their own expense. The Buyer may also request a refund if they wish, in which case the refund will be made within 10 (ten) business days.
8.7. In cases where it is not possible to replace the defective product with a new one due to the lack of stock, the inability to reprint, the unavailability of the material to be printed, or similar compelling reasons, the Seller undertakes to refund the product price to the Buyer without any interest or expense, using the same method of payment, upon the Buyer’s request.
8.8. The provisions of the Tax Procedure Law No. 213 and related legislation shall apply to product returns, and both the Buyer and the Seller shall comply with the specified provisions.
9. PROVISIONS REGARDING PRICES:
9.1. The price of the products ordered by the Buyer from the Website is specified on the Website and in the invoice sent to the Buyer. Unless otherwise stated, prices do not include VAT.
9.2. In case the Buyer makes a purchase with a credit card and in installments, the installment type selected by the Buyer on the Website shall be valid. In installment transactions, the provisions of the agreement between the Buyer and the cardholder bank shall apply. The payment due date for credit card payments is determined by the agreement between the bank and the Buyer, and the Seller has no obligation in this regard.
10. SELLER’S STATEMENTS AND EXEMPTIONS:
10.1. The Seller reserves the right to make changes to prices on the Website, as well as to products, colors, material types, ready-made designs, promotions, and campaigns at any time, without the obligation to make any notification. The Buyer acknowledges and declares in advance that they will not claim compensation from the Seller for any direct or indirect damages they may suffer due to such changes or cancellations.
10.2. The Seller cannot be held responsible for typographical errors, spelling mistakes, incorrect placement, inappropriate resolution, selection of wrong printing material, measurement, and color errors that may occur in the design file sent by the Buyer when the order is created.
10.3. The Seller is not obliged to examine whether the content prepared for printing on the products complies with the law, morality, and general legislation, but reserves the right not to accept content that it deems inappropriate and to cancel such orders.
10.4. The Buyer acknowledges that colors in the design file displayed on computer or tablet screens may not be exactly the same as the colors printed on the product, and the Seller cannot be held responsible for any differences in color tone between the design file and the printed product.
10.5. The Seller acknowledges that some printed products are not suitable for outdoor use, should not be exposed to sunlight or humidity, and some printed products need to be kept under appropriate storage conditions.
10.6. In the event of incomplete performance, defects, errors, or other reasons arising from the breach of this Agreement by the Seller, the Buyer agrees and undertakes not to claim any damages, including any positive and/or negative damages, except for the amount of the order. In this context, the Seller’s financial liability arising from this Agreement is at most the amount of the order.
10.7. The Seller shall not be liable for any interruption, error, negligence, deletion, loss, delay in operation or transmission, computer virus, communication line failure, theft, destruction, unauthorized access to records, changes or use of records due to breach of contract, tort, negligence, or other reasons.
11. FORCE MAJEURE:
11.1. Circumstances beyond the control of the Seller that were not present at the time of the conclusion of the Agreement and that prevent or make it impossible for the Seller to partially or fully fulfill the obligations and responsibilities under the Agreement, are considered force majeure (including but not limited to natural disasters, war, terrorism, riots, changes in legislation, seizure, strike, lockout, significant breakdown in production and communication facilities, widespread and/or continuous power and/or internet outages, etc.).
11.2. In the event of force majeure, the Seller may evade the performance of the obligations under this Agreement by refunding the amount paid without any compensation.
11.3. If force majeure continues for more than 45 (forty-five) days, the Buyer may terminate this Agreement and request a refund of the amount paid.
12. STAMP TAX:
12.1. Pursuant to the Stamp Tax Law General Communique published in the Resmi Gazete dated 29.09.2016 and numbered 29842 (Serial No: 60), this Agreement is not subject to stamp tax.
13. APPLICABLE LAW AND JURISDICTION:
13.1. In case of any dispute arising between the Parties, the commercial books, records, documents of the Seller, as well as computer records, fax records, microfilms, and email correspondences, shall constitute conclusive evidence pursuant to Article 193 of the Turkish Code of Civil Procedure. The Buyer expressly agrees and undertakes not to object to the above.
13.2. This Agreement has been electronically executed and approved between the Parties before the Buyer makes payment; therefore, this Agreement replaces a written contract between the Parties and is considered an electronic document pursuant to Article 6100 of the Turkish Code of Civil Procedure.
13.3. In the resolution of any disputes arising from this Agreement, the Istanbul Anatolian Courts and Execution Offices shall have jurisdiction and authority, and Turkish law shall apply to the resolution of any disputes.
