AMARA
Preliminary Information Form
This is an English translation for convenience. The Turkish version is legally binding. This Website located at the URL amarasociety.com (the "Amara Earth Art Website") is operated by Ecem Köroğlu Güler ("Amara Earth Art").
Parties
Seller (hereinafter referred to as "Amara Earth Art" or the "Seller") Trade Name: Ecem Köroğlu Güler (Tax No: 5860505720 - Beykoz) Brand: Amara Earth Art Address: Maslak Mah. Taşyoncası Sk. Maslak 1453 Sitesi T3 No: 1T İç Kapı No: 14 Sarıyer / İstanbul Telephone Number: +90 536 203 82 52 E-mail Address: info@amarasociety.com
Product and Order Details
This Form forms a whole together with the details specific to your order. The order-specific details are as follows: · Order number and order date, · Name, quantity, unit price and line total of the purchased products, · Subtotal and the discount amount, if any, · Shipping (delivery) fee, · Grand total payable, including all taxes and the shipping fee, · Selected delivery (shipping) method, · Delivery address together with name/surname, e-mail and telephone details, · Selected payment method, · The 14 (fourteen) day right of withdrawal period and the conditions for exercising this right (see Section 9 and Section 10). These details are shown item by item in the order summary on the checkout page before you confirm the order. Following order confirmation, the order number, the products and the grand total are stated in the order confirmation e-mail, and all of the items listed above are confirmed on a durable medium in the copy of the Distance Sales Agreement attached to that e-mail. All taxes, shipping fees and any other additional costs to be collected from the consumer are shown item by item and transparently on the checkout page. No hidden charge or transaction fee that has not been notified to the consumer in advance may be applied.
1. About the Form
It is important that you read this Preliminary Information Form (the "Form") carefully, together with our Privacy Policy, before ordering any Product from the Amara Earth Art Website. Purchasing a Product through the Amara Earth Art Website is subject to the provisions of the Form and the Distance Sales Agreement. Active confirmation of this Form in the electronic environment, by ticking the "I have read and approve" box, is a condition of validity of the agreement. The consumer cannot complete the order process without giving this confirmation. The Form applies to all orders and purchases made through the Amara Earth Art Website. Amara Earth Art offers the Products for sale to consumer customers through the Amara Earth Art Website. Should the Buyer act for commercial or professional purposes, the Buyer accepts that they do not hold "consumer" status under Law No. 6502 and that they cannot benefit from consumer protection provisions, including the right of withdrawal. Amara Earth Art reserves the right not to fulfil orders placed by persons who are not consumers or who do not comply with this Form and the Distance Sales Agreement. A copy of this Form and of the Distance Sales Agreement will be sent to the consumer's e-mail address in an unalterable format following order confirmation and may be retained by the consumer. BEFORE PLACING AN ORDER FOR THE PRODUCTS, YOU MUST READ THE FORM AND THE DISTANCE SALES AGREEMENT AND ACCEPT THAT YOU ARE BOUND BY THEM. WE PARTICULARLY DRAW YOUR ATTENTION TO THE PROVISIONS OF SECTION 13 (LIABILITY). IF YOU CONSIDER THAT IT IS NOT POSSIBLE FOR YOU TO ACCEPT THIS FORM, YOU MAY CHOOSE NOT TO CONTINUE PURCHASING THE PRODUCTS LISTED ON THE AMARA EARTH ART WEBSITE.
2. Preparation of the Order and Formation of the Agreement
After you place your order(s) using the Amara Earth Art Website, Amara Earth Art will send you an e-mail confirming that your order(s) have been received (the "Order Received Confirmation") and setting out the details of the Product(s) ordered. The Agreement is formed when Amara Earth Art sends the Shipment Confirmation to you at the e-mail address you provided with your order. If the Product has not yet been handed over to the courier (at the pre-delivery stage), the consumer has the right to cancel their order and withdraw from the agreement upon written request. In this case the amount paid is refunded within 14 days. Amara Earth Art may not always be able to accept your order and, entirely at its own discretion, may choose not to accept your order. For example (without being limited to those listed), there may be pricing errors, insufficient stock, unusual orders or orders which Amara Earth Art suspects have not been placed in good faith. In addition, unexpected events beyond our control may occur, which may mean that we cannot fulfil your order. If your order is not accepted, Amara Earth Art will inform you by e-mail and, if a payment has already been received, all amounts paid to Amara Earth Art for that order will be refunded to you. If you wish to change or cancel your order before receiving your Shipment Confirmation, you should contact the Amara Earth Art Customer Service Team as soon as possible using one of the methods stated in the Contact Details section or in another way stated in the Order Received Confirmation. Due to the speed at which orders are processed, it may not be possible to change or cancel your order or to prevent the Products from being dispatched. If Amara Earth Art cannot change or cancel your order and the Products are sent to you, you have the option of refusing to accept delivery, in which case the Products are returned to Amara Earth Art, or you may accept delivery and return the Products to Amara Earth Art pursuant to the Returns and Refunds section.
3. Prices, Shipping and Carriage, Fees and Taxes
The price charged for a Product will be the price in effect at the time your order is placed. All prices are payable in Turkish Lira. Product features and price commitments contained in Amara Earth Art's advertisements, brochures and announcements constitute binding undertakings vis-à-vis the consumer. In the event of a pricing error on the Amara Earth Art Website or in the Order Received Confirmation or otherwise, you accept that Amara Earth Art has the right to correct this error and charge the correct price, or to cancel the order. If the actual price is higher than the amount shown in your Order Received Confirmation, Amara Earth Art will notify you of the correct price and offer you the option of continuing with or cancelling the order. If we cannot reach you or do not receive a response from you, your order will be cancelled and the amounts you paid to Amara Earth Art for the Products will be refunded to you. You accept that, even after Amara Earth Art has sent you the Shipment Confirmation, if the pricing error is obvious and could reasonably have been recognised by you as a mistake, Amara Earth Art is under no obligation to supply the relevant Product(s) to you at the incorrect price. VAT and/or other applicable taxes are included in the prices of the Products, but shipping and carriage charges are not included. Any additional charges to be collected for shipping and carriage (and the related VAT or other taxes) will be shown clearly on screen before your order is completed and will be confirmed in your Order Received Confirmation. The Products and the shipping and carriage charges may be changed at any time, but changes will not, under normal circumstances, affect orders for which a Shipment Confirmation has already been sent to you (except in the case of an obvious pricing error as explained above).
4. Payment
Payment will be made by one of the methods you select during the payment process. Whatever payment method the consumer selects (Credit Card, Bank Transfer/EFT or Cash on Delivery), the consumer's statutory right of withdrawal cannot be restricted in any way. The accepted credit and debit card types are listed on the payment page of the Amara Earth Art Website. Should Amara Earth Art be unable to obtain the necessary authorisation from your card or payment service provider, Amara Earth Art reserves the right to refuse your order. For most payment methods, payment for your order, including all applicable taxes, shipping and other charges, will be collected from the relevant card or payment service after the Shipment Confirmation has been sent to you by Amara Earth Art.
5. Delivery
Deliveries will only be made within the Republic of Türkiye. Delivery will in any event take place within 30 days, the statutory maximum period, following the sending of the Shipment Confirmation to you by Amara Earth Art. Amara Earth Art reserves the right to substitute another carrier of equal or lower cost to deliver your order. The delivery options explained above are the only shipping options available for sales made through the Amara Earth Art Website. Amara Earth Art is unable to accept special delivery requests falling outside these two options. If Amara Earth Art cannot deliver your order within the period stated in your Shipment Confirmation, it will inform you as soon as possible. You may choose to cancel your order, in which case all amounts you have paid will be refunded to you by Amara Earth Art. If you choose not to cancel your order, Amara Earth Art will endeavour to deliver your order within a reasonable time. Courier delivery records and digital transaction logs constitute conclusive evidence that delivery has taken place. If the seller fails to fulfil its delivery obligation, the consumer has the right to withdraw from the agreement and the amount paid is refunded immediately.
6. Events Outside Amara Earth Art's Control
Amara Earth Art cannot be held liable for delays arising from force majeure events beyond its reasonable control. However, this does not remove the consumer's right to terminate the agreement and obtain a refund if delivery exceeds 30 days. These situations include the following: · civil unrest, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat of or preparation for war; · strikes or lock-outs (or other industrial action); · national or local states of emergency; · interruption or failure of communication or transport facilities; · electricity or utility service outages; · failure of suppliers or subcontractors (excluding companies within the same group of companies as Amara Earth Art) to perform; · earthquake, fire, explosion, storm, flood, subsidence, epidemic or other natural disasters; · impossibility of using railways, sea transport, aircraft, motor vehicles or other public or private means of transport; · laws, decrees, legislation, regulations or restrictions of any government. In such cases, Amara Earth Art will inform you and take reasonable steps to minimise any delay. The time for Amara Earth Art to perform its obligations shall be deemed extended for the duration of any of the above. If Amara Earth Art cannot fulfil your order due to any circumstance beyond its control, or if there is a material delay in delivering your order, you may cancel your order and obtain a full refund.
7. Suitability, Product Information
Please make sure, when placing your order, that the Products you purchase are suitable for your intended use. When checking suitability, please use the Amara Earth Art Website as the final point of reference. In the event of a difference between the content of the Amara Earth Art Website and any other website (or any other source of information), the suitability of the Products as shown on the Amara Earth Art Website at the time of purchase shall prevail. The images on the Amara Earth Art Website may vary depending on the screen quality of your device. While every effort is made to reflect the images of the Products as accurately as possible, these images are for illustrative purposes only and your Products and their packaging may differ from these images, for example in terms of colour, size, pattern and texture, by the very nature of natural stones. The natural stones used in the products offered for sale may differ from one another in terms of colour, veining, pattern, transparency, surface texture, brightness and tone due to their natural formation processes. Product photographs are representative; minor differences in the delivered product arising from its natural structure cannot be regarded as a defect or a breach of the agreement. Since the Products are largely prepared by hand, there may be reasonable differences in assembly, arrangement, dimensions, stone placement and workmanship details. These differences are a natural result of the handmade nature of the product and are not considered manufacturing defects. If the Products you receive do not match those you ordered or have been damaged in transit, please contact the Amara Earth Art Customer Service Team by e-mail or telephone without delay. Submission of documents such as a "service report" or "damage assessment report" cannot be imposed as an absolute requirement for the consumer to notify a defect; any written notification made within the statutory period is valid. Information that may appear in product descriptions regarding the historical, cultural or traditional uses of natural stones is provided for general information purposes only. Such statements do not constitute any medical, therapeutic, psychological or scientific benefit claim and cannot be interpreted as a health claim.
8. Ownership of the Products
Ownership of the Products will pass to you once payment has been received in full. The Products will be at your risk from the moment of delivery.
9. Returns and Refund Procedures, Right of Withdrawal
The consumer 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 withdrawal period starts on the day the goods are actually delivered to the consumer. If the consumer exercises the right of withdrawal, the Seller cannot refuse to take delivery of the returned product. Taking delivery of the product does not mean that the return has been accepted in advance; the Seller reserves the right to examine, within 14 days of receiving the product, whether the limits of "ordinary use" have been exceeded and to notify the consumer of any objections. The said right of withdrawal applies to both discounted and non-discounted Products and does not apply to the Excluded Products set out below. If you exercise your right of withdrawal in respect of your purchase within the scope of the Consumer Law and the Regulation on Distance Contracts, Amara Earth Art will refund the full price you paid for the Product (including all VAT and/or other taxes) and the delivery costs you paid; however, as permitted by law, the maximum delivery cost refunded will be the cost of the standard delivery service. Products returned in order to exercise the right of withdrawal must have been used by the consumer only within the limits of ordinary inspection aimed at understanding their nature, characteristics and functioning. The consumer is liable, within the framework of the applicable legislation, for any loss of value resulting from use exceeding the limits of ordinary inspection.
10. Excluded Products
The right of withdrawal cannot be exercised for goods prepared specially in line with the consumer's requests or clearly their personal needs (engraved with a name, modified to a custom size). The Amara Earth Art Website does not accept returns of (i) e-Gift Cards, (ii) specially prepared or personalised products (including engraved products), (iii) products whose protective elements such as packaging, tape, seal or parcel have been opened after delivery, (iv) products whose return is not suitable in terms of health and hygiene (the "Excluded Products"). The Amara Earth Art Website does not accept the exchange of any Product. During the withdrawal period the consumer may use the goods only in accordance with their operation, technical specifications and instructions for use (for inspection purposes). If the goods are used in a manner exceeding ordinary use (wearing the jewellery for a long time, contact with chemicals, etc.), the consumer is liable for the resulting loss of value.
11. Promotions
The consumer's statutory right of withdrawal applies equally to sales made with promotions or campaigns. In order to return Product(s) purchased using any promotional offer, you may need to return any item given to you as a gift as part of the promotion or, if it forms part of a multi-buy offer, to return the other products purchased within the scope of that multi-buy. If you do not return a Product (or if a Product sent by post does not arrive and you cannot provide proof of posting), Amara Earth Art reserves the right to refuse the refund. Regardless of whether your Products are sent back for exchange or return, the Products must be in a new, unworn and saleable condition. If the Product is returned damaged or showing signs of use or wear, and this results from you using the Products in a way that would not be permitted in a store, we may refuse the refund or make a deduction from the amount to be refunded to cover the decrease in the value of the Products. If Amara Earth Art refunds the amount paid before having had the opportunity to examine the Product and subsequently notices that you used the Product unacceptably or damaged it, you must pay the refunded amount back to Amara Earth Art.
12. Consumer Guarantee (Warranty)
With regard to the products offered for sale by the Seller, the consumer's elective rights relating to defective goods arising from Law No. 6502 on Consumer Protection and the relevant legislation are reserved. No provision of this agreement may be interpreted in a manner that removes or limits the consumer's rights arising from mandatory legislation. The natural stone jewellery offered for sale by Amara Earth Art is produced using natural stone and handcraft. Due to the nature of natural stones, there may be differences between products in terms of colour, veining, pattern, transparency, surface texture, brightness, tone and size. These differences are a characteristic feature of natural material and handcraft and cannot be considered a defect or a manufacturing fault. In order for the Products to be used for a long time, it is recommended to avoid contact with perfume, deodorant, cosmetics, cream, alcohol, detergent, bleach, chemical substances, sea water, pool water and similar abrasive substances, and not to wear them while showering, in the sauna, during sports or while sleeping. User-related breakage, snapping, crushing, impact, dropping, misuse, use contrary to the care instructions, natural wear, deterioration of plating, chain deformation, cracking or breaking of the natural stone, and colour changes arising from conditions of use are not covered by the warranty. Due to the physical structure of natural stones, their hardness levels may differ. Breakage, cracking or surface damage that may occur if they are exposed to impact, compression or high pressure is deemed to be user-related. Following the delivery to the Seller of a product alleged by the consumer to be defective, the necessary examination is carried out within a reasonable time. If the examination establishes that the product is defective, the elective rights the consumer holds under Law No. 6502 are fulfilled in accordance with the legislation. The Seller may not require, as a mandatory condition, the submission of a service report, expert report or similar documents in order for the consumer to exercise their statutory rights relating to defective goods. The consumer's rights arising from the law are reserved.
13. Liability
Amara Earth Art is liable only for foreseeable loss and damage. Amara Earth Art is not liable for any loss or damage that is not foreseeable. However, no provision of this agreement may be interpreted as an "absolute exclusion or exemption of liability" in a manner that restricts the consumer's elective rights under the mandatory provisions of Law No. 6502.
14. Protection of Personal Data
Your personal data is processed in accordance with our Privacy Policy and Law No. 6698 on the Protection of Personal Data (KVKK). All personal data collected and processed by Amara Earth Art is subject to the Privacy Policy and will be used in accordance with data protection legislation. For more information on how personal data collected from users of the Amara Earth Art Website is processed, please read these policies.
15. Contact Details and Dispute Resolution
The Amara Earth Art Customer Service Team will assist you with any question or complaint regarding your Amara Earth Art Website order. You can contact the Amara Earth Art Customer Service Team by e-mail or mobile phone. Amara Earth Art will make efforts to resolve any complaint you may have. If a dispute cannot be resolved by Amara Earth Art, both parties have the right to make a further application through the consumer arbitration committee, to which you may apply online, or through the consumer courts in Türkiye.
16. General Provisions
This Form is binding on you and on Amara Earth Art. It will also be binding on any person or organisation to which Amara Earth Art may transfer its rights and obligations. You may not transfer or otherwise dispose of your agreement with Amara Earth Art or your rights and obligations arising from that agreement without the prior written consent of Amara Earth Art. Amara Earth Art may at any time transfer or otherwise dispose of an agreement with you or any of its rights and obligations arising from that agreement. If you have a pending order with Amara Earth Art at the time of such disposal or transfer, Amara Earth Art will contact you, and you may cancel your pending order if you do not wish to continue with it.
17. Third Party Rights, Severability and Waiver
Apart from Amara Earth Art, no person who is not a party to the agreement between you and Amara Earth Art has the right to enforce any of its terms. Severability: If any provision of this Form is held to be unlawful, invalid or unenforceable for any reason, that provision shall be deemed severable (deleted) from this Form, and this shall not affect the validity and enforceability of the remaining provisions. Waiver: If Amara Earth Art does not, at any time, insist that you comply with your obligations under this Form, or if Amara Earth Art does not exercise any of its rights under this Form, this does not mean that those rights have been waived or that you are free not to perform your obligations. Amara Earth Art may require you to comply with your obligations at a later time.
18. Entire Agreement, Governing Law and Competent Court
This Form and all documents referred to within it represent the entirety of the agreement between you and Amara Earth Art and take precedence over all other prior agreements or statements made to you orally or in writing. In entering into an agreement with Amara Earth Art, you accept that you do not rely on any statement or promise given by Amara Earth Art or anyone else other than the matters set out in this Form. This Form and purchases of Products made from Amara Earth Art through the Amara Earth Art Website shall be governed by and interpreted in accordance with the laws of the Republic of Türkiye. Any dispute or claim arising out of or in connection with this Form or your purchase of Products from Amara Earth Art (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the Turkish courts and arbitration boards.