ARTICLE 2 – DEFINITIONS 

As used in this Agreement, the following words shall have the following meanings: 
Website means the website with domain name www.michelsagjewelry.com which belongs to the Seller as defined under Article 1.1. hereof and where the Product(s) to be supplied to Buyer are published/exhibited.
Buyer means the natural or legal person that buys the Product(s) published/exhibited on the Website,
Seller means the natural or legal person that will supply the Product(s) hereunder to Buyer under Law No. 6502 on the Protection of Consumers.  
Product(s) means the goods which are detailed under Article 4 of this Agreement and which will be supplied by Seller to Buyer.

ARTICLE 3 – SUBJECT MATTER OF AGREEMENT 

This Agreement sets forth rights and obligations of the parties concerning purchase by Buyer and supply by Seller of the Product(s) which are published/exhibited on the Website and whose characteristics, quantity and sales price are given below, pursuant to the provisions of Law No. 6502 of the Protection of Consumers and the Regulation on Distance Sales Agreements as published on the Official Journal No. 29188 dated 27.11.2014.

ARTICLE 4 – PRODUCT(S) AND PAYMENT INFORMATION 

Information concerning the Product(s) covered by this Agreement, sales price of Product(s), delivery and payment terms are as follows:
Kind/Type of Product:
Product Quantity (Piece(s)):
Sales Price (Including VAT):
Total:
Payment Method and Plan:

ARTICLE 5 – GENERAL PROVISIONS

 

• 5.1.Buyer hereby agrees and declares that Buyer has, prior to execution of this Agreement, read the “Preliminary Information Form” including basic characteristics of the Contractual Product(s) as detailed under Article 4 hereof, their sales price including all taxes, the shipping fee, payment and shipping terms, as well as Seller’s full name and surname / business name, street address and communication information, and Buyer has given the relevant confirmation electronically.

• 5.2. Each party hereby agrees and declares that it hereby accepts the provisions of the Law No. 6502 on the Protection of Consumer and the Regulation on Distance Sales Agreements as published on the Official Journal No. 29188 dated 27.11.2014, and that it will observe and act in accordance with such provisions.

• 5.3. Seller shall be obliged to deliver the Product(s), together with certificates of warranty and instructions for use if any, free from any damages, missing parts and defects, and according to the characteristics as defined in the order,  to the Buyer or the person/entity at the address designated by the Buyer within such period of time as specified under the Preliminary Information Form or Article 4 of this Agreement, provided that such time cannot exceed thirty (30) days as stipulated by the applicable law. If the product covered by this agreement is to be delivered to a person/entity other than the Buyer, Seller shall not be held responsible if such person/entity refuses to take delivery of the product.

• 5.4. Delivery costs (shipping fee) shall be paid by the Buyer. SELLER shall not be held responsible for the failure to deliver the ordered Product(s) to Buyer due to any problems which the shipping company will encounter during delivery of the Product(s) to the Buyer.

• 5.5. If it is understood that the Seller will not be able to fulfil its obligation arising from this Agreement, Seller shall inform Buyer and may provide Buyer a different Product(s) of equal quality and price provided that Seller obtains Buyer’s prior explicit consent.

• 5.6. If it becomes impossible for the Seller to fulfil its obligations hereunder, then Seller shall notify Buyer of its inability to fulfil its obligations hereunder before the deadline thereof, and make a full refund to the Buyer within 14 (fourteen) days.

• 5.7. For the delivery of Product(s) covered by this Agreement, the price of the Product(s) has to be paid through the relevant payment method as preferred by Buyer. If the price of Product(s) is not paid or if the payment is revoked by the bank for any reasons whatsoever, Seller shall be deemed to have been relieved of its obligation to deliver the Product(s).

• 5.8. If Seller fails to deliver the Product(s) covered by this Agreement within the designated period of time due to any extraordinary circumstances such as force majeure events, adverse weather conditions preventing shipping, or transportation interruptions, Seller shall be obliged to notify Buyer thereof. In such a case, Buyer shall be entitled exercise one of the following rights: the cancellation of order, the replacement of contractual Product(s) with equivalent products if any, and/or the postponement of delivery until the cessation of impeding condition. In case of termination of order by Buyer, the total amount paid by Buyer shall refunded to Buyer in cash and as a lump sum within 10 days. For payments made by Buyer by credit card, the relevant amount shall be refunded to the relevant bank within 7 days upon the cancellation of order by Buyer. Following the refund of such amount to bank, the time that will take for the crediting of refunded amount to Buyer’s account is a process that completely relates to the bank itself so Buyer hereby acknowledges and agrees that Seller cannot possibly make any interventions for any possible delays, and it may take nearly 2 or 3 weeks for any amounts refunded to the credit card by Seller to be credited to Buyer’s account by the bank. For any payments made by credit card on instalment/deferred payment basis, bank’s rules relating thereto shall apply, and the refund may be effected on instalment/deferred basis by the bank.

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ARTICLE 6 – RIGHT OF WITHDRAWAL 

 

• 6.1. Seller hereby undertakes that Buyer/consumer shall be entitled to the right of withdrawal from the Agreement by rejecting the goods within 14 (fourteen) days from the date of receipt of the goods provided that such goods are not used by the Buyer; that Buyer shall be under no legal and penal obligation for exercising such right of withdrawal, nor shall Buyer be required to provide any justification for exercising such right of withdrawal; and that Seller shall take back the goods upon receipt of withdrawal notice by Seller. The right of withdrawal can be exercised only to the extent that Buyer notifies Seller thereof within the withdrawal (cooling off) period, i.e. 14 (fourteen) day, by sending a notice in writing to Seller’s e-mail address as specified under Article 1.1 of this Agreement.

•  6.2. Seller hereunder undertakes to refund the total amount received by Seller to Buyer, without charging any costs, no later than 14 (fourteen) days upon receipt of the withdrawal notice by Seller.If the payment is made by credit card, bank’s applicable rules relating to refund as indicated under Article 5.8 shall apply. Buyer hereby acknowledges that Seller may not possible make any interventions whatsoever with the banking practices and procedures.

• 6.3. Buyer hereby agrees, declares and undertakes that the Product(s) to be returned have to be returned free from any damages and in a complete manner together with its/their invoice, box, packaging and, if any, standard accessories. Any costs arising from the exercising of right of withdrawal shall be borne by Seller.

• 6.4. Buyer may not exercise the right of withdrawal for any goods which are produced according to Buyer’s special requirements and requests or which have been tailored and customized through additions. In addition, the right of withdrawal for any items which by their nature cannot be returned including but not limited to cosmetics, underwear, disposable items, items which are subject to the risk of perishing or expiration, sound and video records, software program and computer consumables can only be exercised provided that the packaging remains unopened, the items are free from any damage, spoilage and degradation, and the items have not been used. Buyer hereby agrees, declares and undertakes that Buyer shall otherwise have no right of withdrawal. Circumstances as defined under Article 7 (4) of the Regulation on Distance Sales Agreements as published in the Official Journal dated 27.11.2014 are reserved.

ARTICLE 7 – JURISDICTION 

Any disputes arising out of or in connection with the performance of this Agreement shall be referred to Arbitration Committees for Consumer Problems having jurisdiction in the place of purchase of goods or consumer’s place of residence up to such value as designated by the Ministry of Customs and Trade; and any disputes exceeding such value shall be referred to the Consumer Courts having jurisdiction in Buyer’s or Seller’s place of residence.

ARTICLE 8 – EFFECTIVENESS

All articles of this Agreement have been read and accepted by Buyer and Seller, and this Agreement has become effective on the date this Agreement is confirmed electronically by Buyer