AMARA
Distance Sales Agreement
This is an English translation for convenience. The Turkish version is legally binding. This Agreement has been concluded between the parties specified below, by being approved electronically within the framework of the terms and conditions set out below. The text of the Agreement has been prepared in plain and understandable language in accordance with Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
Article 1 - Parties
1.1 SELLER Trade Name: Ecem Köroğlu Güler Tax No: 5860505720 (Beykoz) Address: Maslak Mah. Taşyoncası Sk. Maslak 1453 Sitesi T3 No: 1T İç Kapı No: 14 Sarıyer / İstanbul Phone: +90 536 203 82 52 E-mail: info@amarasociety.com 1.2 BUYER The BUYER's name/surname/title, address, telephone and e-mail address are the details entered by the BUYER during the order and included in the order confirmation.
Article 2 - Definitions
In the application and interpretation of this agreement, the following terms shall have the meanings set out next to them: LAW: Law No. 6502 on Consumer Protection, REGULATION: The Regulation on Distance Contracts, SELLER: The company that supplies goods to the consumer within the scope of its commercial or professional activities, BUYER: The natural or legal person who acquires, uses or benefits from a good or service for non-commercial and non-professional purposes, SITE: amarasociety.com, the website belonging to the SELLER, DURABLE MEDIUM: Any instrument or medium such as e-mail, short message and similar, that allows the information sent by the buyer or sent to the buyer to be recorded in a manner enabling the buyer to examine it for a reasonable period in line with its purpose, and to be copied without alteration.
Article 3 - Subject Matter
This Agreement governs the rights and obligations of the parties, in accordance with the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts, regarding the sale and delivery of the product whose qualities and sales price are specified and which the BUYER has ordered electronically through the SELLER's website. The parties acknowledge and declare that they know and understand their obligations and responsibilities arising from the relevant legislation under this agreement.
Article 4 - Product Subject to the Agreement, Payment and Delivery
4.1. The essential characteristics of the products (type, quantity, brand/model, colour, number of units) are available on the SITE. Announced prices and commitments are valid until they are updated and changed. 4.2. The sales price of the goods subject to the agreement including all taxes, the shipping fee and the payment method have been presented to the BUYER on the order confirmation screen and in the Preliminary Information Form, which is an integral part of this agreement. 4.3. Delivery shall be made to the address specified by the BUYER through the courier company with which the SELLER has an agreement. If the BUYER is not present when the order is delivered, delivery made against presentation of identification to an authorised person at the address shall be deemed to have been made to the BUYER. Courier delivery records and digital transaction logs constitute conclusive evidence that the delivery has been made. 4.4. In payments made by credit card, where the person placing the order and the cardholder are different, the SELLER is entitled to halt suspicious transactions and to request additional identity/statement verification, in order to fulfil its obligation of proof and security under Law No. 5464. As long as the required security protocols are applied, the SELLER cannot be held liable for damages arising from unauthorised use of the card.
Article 5 - Declarations and Undertakings of the Buyer
5.1. The BUYER accepts, declares and undertakes that the preliminary information regarding the essential qualities of the products, the sales price including all taxes, the payment method, delivery, the right of withdrawal and the terms of use has reached them, that they have read it and are informed of it, and that they have given the confirmations and approvals required for the sale in the electronic environment. 5.2. The BUYER accepts that they have read and are informed of the Preliminary Information Form regarding the product subject to the agreement on the SITE, and that they have given the necessary confirmation in the electronic environment. This confirmation is retained on a durable medium together with system log records. 5.3. Should the BUYER make the purchase subject to this agreement on behalf of a legal entity (with a company invoice) or for commercial and professional purposes, the BUYER accepts and declares that they do not hold consumer status under Law No. 6502; that in this case they cannot benefit from the protective provisions of consumer legislation, including the 14-day right of withdrawal, and that the provisions of the Turkish Commercial Code shall apply to the transaction. 5.4. The BUYER agrees to apply first to the SELLER's official communication channels in any dispute regarding the product or service. The BUYER accepts that posts which are unfounded and openly defamatory, damaging the SELLER's commercial reputation on social media or complaint platforms without relying on concrete evidence (arbitration committee/court decision, service report, etc.), shall constitute unfair competition under Article 55 of the Turkish Commercial Code No. 6102, and that the SELLER's right to compensation is reserved. 5.5. The BUYER shall inspect the goods before taking delivery; the BUYER shall not accept from the courier company any damaged or defective goods that are dented, broken, with torn packaging and similar. Goods that are received are deemed to be undamaged and intact. After delivery, the obligation to protect the goods with care belongs to the BUYER. If the right of withdrawal is to be exercised, the goods must not be used and the invoice must be returned.
Article 6 - Declarations and Undertakings of the Seller
6.1. The SELLER is obliged to deliver the product subject to the agreement complete and in accordance with the qualities specified in the order. The SELLER may not assert absolute exemption clauses that entirely remove its liability for defective goods. 6.2. The BUYER accepts that, since the products subject to the order are made of natural stone, differences in colour, veining and pattern or minor structural asymmetries arising from the nature of the stones do not constitute a defect. The BUYER further accepts and declares in advance that they have been expressly informed that the products may deform upon contact with alcohol, perfume, cream and similar chemical substances, and that deterioration arising from such external factors cannot be considered within the scope of defective goods. 6.3. The SELLER is obliged to send a copy of this agreement and of the Preliminary Information Form to the BUYER's e-mail address following order confirmation.
Article 7 - Right of Withdrawal
7.1. The BUYER holding consumer status has the right to withdraw from the agreement within 14 (fourteen) days from the date of receipt of the goods, without assuming any legal or criminal liability and without giving any reason. The BUYER may also exercise the right of withdrawal during the period between the conclusion of the agreement and the delivery of the goods. 7.2. The SELLER is obliged to prove that it has duly informed the BUYER about the right of withdrawal. If this information is not provided, the BUYER is not bound by the 14-day period in order to exercise the right of withdrawal; in any event this period expires 1 (one) year after the date on which the withdrawal period ends. 7.3. During the withdrawal period the BUYER may use the goods in accordance with their operation, technical specifications and instructions for use (for inspection purposes only). If the goods are used in a manner exceeding ordinary use (wearing the jewellery for a long time, deforming it through contact with perfume/chemicals, etc.), the BUYER is legally liable for the changes and deterioration (loss of value) occurring in the product. 7.4. If the right of withdrawal is exercised, no unjustified deduction may be made from the BUYER under the name of shipping deduction, product preparation fee or penalty clause. The BUYER may return the product free of charge through the courier company with which the SELLER has an agreement. If a different courier company is preferred, the return shipping cost belongs to the BUYER. 7.5. The SELLER is obliged to refund all payments collected in a single instalment, in a manner appropriate to the payment instrument used by the BUYER at the time of purchase, within 14 (fourteen) days following receipt of the withdrawal notice and of the returned product.
Article 8 - Cases Where the Right of Withdrawal Cannot Be Exercised
The BUYER cannot exercise the right of withdrawal in the following cases: 8.1. Natural stone jewellery and products prepared and personalised in line with the BUYER's requests or clearly their personal needs (engraved with a name, designed to a custom size or modified at the BUYER's request). 8.2. Contracts concerning the delivery of goods whose protective elements such as packaging, tape, seal or parcel have been opened after delivery and whose return is not suitable in terms of health and hygiene (earrings and similar jewellery in direct contact with the skin). 8.3. Goods whose price varies depending on fluctuations in financial markets and which are not under the seller's control. (However, this exception cannot be applied arbitrarily to standard jewellery whose resaleability is unaffected.)
Article 9 - Defective Goods and Notification Periods
9.1. The BUYER shall inspect the goods subject to the agreement before taking delivery; the BUYER shall not accept from the courier company any damaged or defective goods that are dented, broken, with torn packaging and similar, and shall have a damage assessment report drawn up. Even where no report is drawn up, the BUYER's statutory rights to notify defects are reserved. 9.2. For BUYERs holding consumer status, the provisions of Law No. 6502 apply. However, where the BUYER is a merchant, notification of the defect must be made within 2 (two) days from delivery for apparent defects and within 8 (eight) days for hidden defects, pursuant to Article 23 of the Turkish Commercial Code. Otherwise the goods are deemed free of defects. 9.3. In returns of defective goods, the SELLER may not arbitrarily refuse the return by putting forward additional conditions, such as a service report, that make it difficult for the consumer to exercise their statutory rights. Refund of the price or replacement with an equivalent is carried out within 14 days at the latest following the arrival of the defective goods at the SELLER.
Article 10 - Evidential Agreement
In any dispute that may arise from this Agreement, the SELLER's commercial books, computer and system log records, e-mail correspondence, IP address records and courier delivery data shall constitute valid, binding and conclusive evidence pursuant to Article 193 of the Code of Civil Procedure No. 6100.
Article 11 - Settlement of Disputes and Competent Court
11.1. In disputes arising from this agreement, the Consumer Arbitration Committees and Consumer Courts located at the BUYER's place of residence or at the place where the consumer transaction was carried out are competent, within the monetary limits announced each year by the Ministry of Trade. 11.2. In cases where the BUYER does not hold consumer status and has purchased for commercial purposes, and in disputes concerning claims of unfair competition, the Istanbul Courts and Execution Offices have exclusive jurisdiction.
Article 12 - Entry into Force
This Agreement, consisting of 12 (twelve) articles, has entered into force upon the BUYER's approval of the Preliminary Information Form in the electronic environment and the subsequent reading and confirmation of this agreement. The parties declare that they accept the provisions of the agreement of their own free will.