DISTANCE SALES AGREEMENT
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ARTICLE 1 - PARTIES This distance selling agreement ("Agreement") has been signed between the following parties under the specified terms and conditions. |
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1.1. SELLER: |
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• Company Name: Bodhita Jewelry Design and Consulting Services Trade Ltd. Co. Address: Bebek, Çıkmaz Sk. No:1, 34342 Beşiktaş/Istanbul • Phone: 02122570364 · E-Mail: info@bodhita.com.tr · Mersis Number: 0622141432300001 The shipping company the BUYER will use to return the goods to the SELLER is: MNG Kargo |
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1.2. BUYER ("BUYER"): |
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• Name/Surname/Title: Address: · Telephone: • Email: |
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ARTICLE 2 - SUBJECT |
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This Distance Sales Agreement (“ Agreement ”) has been drawn up in accordance with Law No. 6502 on Consumer Protection (“ Law ”) and the Regulation on Distance Contracts. The subject of this Agreement is the sale and delivery of the product, the characteristics and sales price of which are specified below, ordered by the BUYER electronically from the website https://bodhita.co/ , and the determination of the rights and obligations of the parties in accordance with the provisions of the current legislation. |
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ARTICLE 3 - INFORMATION REGARDING THE PRODUCT, PAYMENT AND DELIVERY SUBJECT TO THE AGREEMENT |
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3.1. Name, quantity, sales price including VAT, payment method and basic characteristics of the product subject to the contract:
The advertised prices and offers are valid until updated or changed. Prices advertised for a limited time are valid until the end of the specified period. • Total product price excluding shipping: • Shipping Fee. • Total price including shipping: Payment Method and Plan: • Interest Charged: • Interest rate used in the maturity difference calculation: |
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3.2. Payment Method: 3.2.1. The section above contains information on how many installments the total order amount will be paid to your bank. 3.2.2. Your bank may offer campaigns allowing for a higher number of installments than the one you selected, or provide services such as installment deferral. Such campaigns are at your bank's discretion, and if our company is aware of them, information about the campaigns is provided on our pages. 3.2.3. Starting from your credit card statement date, the total order amount will be divided by the number of installments and reflected on your credit card statement by your bank. The bank may not distribute the installment amounts equally across the months, taking into account fractional differences. The creation of your detailed payment plan is at the discretion of your bank. 3.2.4. On the other hand, since installment sales are only made with credit cards issued by banks, the BUYER acknowledges, declares, and undertakes that they will separately confirm the relevant interest rates and information regarding default interest from their bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the bank and the BUYER, in accordance with the applicable legislation. 3.2.5 Furthermore, since the option of credit sales is provided by banks only to BUYERS who are bank customers, the BUYER acknowledges, declares, and undertakes that they will separately confirm the relevant interest rates and information regarding default interest with their bank, and that the provisions regarding interest and default interest will be applied within the scope of the legal relationship between the bank and the BUYER in accordance with the applicable legislation. The granting of credit and the creation of your detailed payment plan are at the discretion of the relevant bank, and the SELLER has no responsibility in this regard. 3.3. Return Procedure In cases where the BUYER exercises their right of withdrawal, or if the product ordered cannot be supplied for various reasons, or if a refund is decided upon by an arbitration committee, the refund procedure regarding payment options is specified below: a) Refund Procedure for Credit Card Payment Options If the purchase was made by credit card and in installments, the bank will refund the BUYER in the same number of installments as the BUYER purchased the product in. After the SELLER pays the full product price to the bank in a single payment, in cases where installment payments made through bank POS terminals are refunded to the BUYER's credit card, to prevent any party from being disadvantaged, the requested refund amounts will be transferred to the cardholder's account in installments by the bank. If the refund date and the card's statement date do not coincide, one refund will be reflected on the card each month for the installments paid before the order cancellation. The BUYER will receive a refund for the installments paid before the cancellation for the same number of months after the installments for the sale are completed, and this amount will be deducted from their current debt. This process is between the BUYER and the relevant bank, and the BUYER acknowledges, declares, and undertakes that they cannot hold the SELLER responsible for any possible delays. In the event of a return of a product purchased with a card, the SELLER cannot make a cash payment to the BUYER due to the agreement between the SELLER and the Bank. When a return occurs, the SELLER will process the refund through the relevant software, and since the SELLER is obligated to pay the relevant amount to the Bank in cash or by offsetting, a cash payment to the BUYER is not possible according to the procedure described above. The refund to the credit card will be made by the Bank according to the procedure described above, after the SELLER has paid the full amount to the Bank in a single transaction. The BUYER acknowledges and agrees that they have read and accepted this procedure. b) Refund Procedure for Bank Transfer/EFT Payment Options Refunds will be processed by bank transfer or EFT to the account specified by the BUYER (provided the account is in the name of the person at the billing address or the user member), after requesting the BUYER's bank account information. The SELLER will refund the full amount of the product price to the relevant bank account in a single payment within 14 (fourteen) days. The BUYER acknowledges, declares, and undertakes that they have read and accepted this procedure. 3.4. Product Delivery and Delivery Method: 3.4.1. This Agreement shall enter into force upon electronic confirmation by the BUYER and shall be fulfilled upon delivery of the product purchased by the BUYER from the SELLER. The goods shall be delivered to the address and to the authorized person(s) specified by the BUYER in the order form and in this Agreement. Delivery Address: Person to whom the delivery will be made: Billing Address: 3.4.2. Unless otherwise stated, the delivery costs of the product are the responsibility of the BUYER. If the SELLER has stated on the website that they will cover the delivery fee, then the delivery costs will be the responsibility of the SELLER. 3.4.3. The product will be shipped within the time specified in the "Delivery" section of the website after payment is received. Unless the fulfillment of the order becomes impossible, products will be delivered to the BUYER or the person/entity at the address indicated by the BUYER within the legal period of 30 (thirty) days, depending on the distance of the BUYER's place of residence, by the courier company contracted by the SELLER. If the courier company does not have a branch in the BUYER's location, the BUYER must pick up the product from another nearby branch of the courier company, as indicated by the SELLER. The delivery date indicated as "estimated delivery date" on the website is an estimate only and does not constitute any commitment. These products will be delivered to the BUYER within a maximum of 30 (thirty) days, as stipulated by law. 3.4.4. The BUYER is responsible for inspecting the product upon receipt and, if any problems caused by shipping are found, for refusing the product and having a report drawn up by the shipping company representative. Otherwise, the SELLER will not accept responsibility. 3.4.5. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the full price of the product before taking delivery. In cash sales, if the product price is not fully paid to the SELLER before delivery, or in installment sales, if the due installment amount is not paid, the SELLER may unilaterally cancel the contract and be relieved of the obligation to deliver the product. If, for any reason after product delivery, the bank/financial institution to which the credit card used for the transaction belongs does not pay the product price to the SELLER, the product shall be returned to the SELLER by the BUYER within 3 (three) days at the latest, with all expenses borne by the BUYER. The SELLER reserves all other contractual and legal rights, including the right to pursue the product price claim without accepting the return. The SELLER shall not be held liable for any payments made to the SELLER by the bank and/or financial institution that have received a failed payment code for any reason. 3.4.6. 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 costs. 3.4.7. In cases where the fulfillment of the order becomes impossible, the SELLER shall inform the BUYER within 3 (three) days of learning of this situation and shall refund all payments received, including any delivery costs, within a maximum of 14 (fourteen) days from the date of notification. |
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ARTICLE 4 - RIGHT OF WITHDRAWAL 4.1. The BUYER has the right to withdraw from this Distance Sales Agreement signed with the SELLER within 14 (fourteen) days without giving any reason and without paying any penalty. The withdrawal period begins on the day the contract is concluded for contracts relating to the provision of services; and on the day the BUYER or a third party designated by the BUYER receives the goods for contracts relating to the delivery of goods. However, the BUYER may also exercise the right of withdrawal during the period between the conclusion of the contract and the delivery of the goods. In determining the withdrawal period; a) In the case of a single order consisting of goods delivered separately, the day the BUYER or a third party designated by the BUYER receives the last item, b) In the case of goods consisting of multiple parts, the day the BUYER or a third party designated by the BUYER receives the last part, c) In contracts where the goods are delivered regularly over a specified period, the date on which the BUYER or a third party designated by the BUYER receives the first goods shall be taken as the basis. 4.2 . Cancellation notice can be given before the expiration of the cancellation period by filling out the Cancellation Form available on https://bodhita.co or sent with the invoice and delivering it directly to the store, or by sending it via fax, email, or registered mail. The BUYER must return the goods within 10 (ten) days from the date of exercising the right of withdrawal, after filling out the Cancellation Form and obtaining the return address information. For products to be returnable or for the right of withdrawal to be exercised, their packaging must be unopened, untried, undamaged, and unused. Furthermore, the invoice, product box, packaging, any standard accessories, and any other products given as gifts with the product must also be returned complete and undamaged. 4.3. If the right of withdrawal is exercised, the invoice for the product delivered to the BUYER or the third party designated by the BUYER (if the invoice for the product to be returned is issued to a company, the return invoice issued by the company must be sent along with the product) must be included in the return. Returns of orders invoiced to companies cannot be completed without a RETURN INVOICE. 4.4. If, due to the exercise of the right of withdrawal, the amount of the campaigns organized by the SELLER - such as free shipping above a certain limit, additional discounts, etc. - falls below the limit, the discount amount received under the campaign will be canceled, and the shipping cost will be charged to the BUYER. 4.5. The carrier specified under your right of withdrawal is the shipping company that delivered the ordered product to you, and details regarding return shipping are explained in the returns section on https://bodhita.co . 4.6. The return shipping cost shall be borne by the SELLER, provided that the BUYER sends the product to be returned using the SELLER's contracted shipping company specified in the Preliminary Information Form. If the BUYER sends the product to be returned using a shipping company other than the SELLER's contracted shipping company specified in the Preliminary Information Form, the SELLER shall not be responsible for the return shipping cost or any damage the product may suffer during the shipping process. 4.7. Within 14 (fourteen) days of the BUYER exercising their right of withdrawal (provided the product is returned via the carrier specified by the SELLER for return), all payments made by the BUYER to the SELLER or the Intermediary Service Provider for the relevant product will be refunded to the BUYER in a single payment, in a manner consistent with the payment method used by the BUYER during the purchase, without any cost or obligation to the BUYER. In the case of purchases made using credit, if the right of withdrawal is exercised properly, the product price will be refunded to the account associated with the credit. 4.8. The BUYER cannot exercise the right of withdrawal in the following contracts: a) Contracts relating to products whose price varies depending on fluctuations in financial markets and is beyond the control of the SELLER or supplier. (b) Contracts relating to goods prepared according to the buyer's requests or personal needs. c) Contracts for the delivery of perishable goods or goods that may expire. c) Contracts relating to the delivery of goods whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery, and whose return is not suitable for health and hygiene reasons. d) Contracts relating to goods that, after delivery, are mixed with other products and are by their nature impossible to separate. e) Contracts relating to accommodation, goods transport, car rental, food and beverage supply, and leisure activities for entertainment or recreation, to be performed on a specific date or during a specific period. (f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.) g) Contracts relating to services performed instantly in electronic form or intangible goods delivered instantly to the BUYER. h) Contracts relating to services that have begun to be performed with the BUYER's consent before the expiration of the withdrawal period. |
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ARTICLE 5 - DECLARATIONS AND COMMITMENTS 5.1. BUYER'S REPRESENTATIONS AND WARRANTIES: 5.1.1. The BUYER declares that they have read and are aware of the preliminary information provided by the SELLER regarding the essential characteristics of the product subject to this Agreement, the sales price, the payment method, and the delivery and shipping costs, and that they have provided the necessary confirmation electronically. 5.1.2. The BUYER may submit requests and complaints using the SELLER's contact information provided above. 5.1.3. By confirming this Agreement and the Preliminary Information Form electronically, the BUYER confirms that they have received accurate and complete information from the SELLER regarding the address, the essential characteristics of the ordered product, the price of the product including taxes, payment and delivery information, and delivery price, which must be provided to the BUYER before the conclusion of distance contracts. The BUYER shall be solely responsible if they accept delivery from the shipping company of a product that is clearly damaged, broken, has torn packaging, etc., at the time of delivery. 5.2 - SELLER'S REPRESENTATIONS AND WARRANTIES : 5.2.1. The SELLER is responsible for delivering the product subject to this Contract to the BUYER in accordance with the BUYER's legislation, in sound condition, complete, and conforming to the specifications stated in the order. 5.2.2. If the Product cannot be delivered within the legally mandated 30 (thirty) day period due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquakes, floods, fires, or epidemics) outside of normal sales/delivery conditions, the SELLER will inform the BUYER regarding the delivery. In this case, the BUYER may cancel the order, order a similar product, or wait until the extraordinary circumstances end. 5.2.3. If, except in extraordinary circumstances, the SELLER determines that the products subject to this contract cannot be supplied for a justifiable reason, the SELLER may, within 3 (three) days of learning of the situation, inform the BUYER and, with their approval, supply another product/service of equal quality and price, and shall be deemed to have fulfilled its contractual obligation in this way. In cases where the BUYER does not give approval, the provisions regarding order cancellation shall apply. 5.2.4 . If the product subject to this contract is to be delivered to a person other than the BUYER, the SELLER cannot be held responsible if the recipient refuses delivery. ARTICLE 6 - GENERAL PROVISIONS |
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6.1. The BUYER declares that they have read and are aware of the preliminary information regarding the product subject to this Agreement on the website https://bodhita.co and have provided the necessary confirmation electronically. 6.2. The product will be delivered within a maximum of 30 (thirty) days from the contract date. All responsibility rests with the SELLER until the delivery of the product. 6.3. If the product subject to this contract is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the recipient refuses delivery. 6.4. The SELLER is responsible for delivering the product subject to this Contract in sound condition, complete, conforming to the specifications stated in the order, and, if applicable, with warranty documents and user manuals. 6.5. Delivery of the product subject to this Agreement is conditional upon payment of the price using the payment method preferred by the BUYER. If, for any reason, the product price is not paid or is cancelled in the bank records, the SELLER shall be deemed to be relieved of its obligation to deliver the product. 6.6. If, after delivery of the product, the bank or financial institution fails to pay the product price to the SELLER due to the unauthorized or unlawful use of the BUYER's credit card by unauthorized persons, not resulting from the BUYER's fault, the BUYER is obligated to return the product to the SELLER within 3 (three) days, provided that the product has been delivered to the BUYER. According to the General Communiqué No. 6.7.385 of the Tax Procedure Law, in order for refund transactions to be processed, the relevant sections on the invoice with the refund section that we sent you must be completely filled out and signed, and then returned to us along with the product. |
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ARTICLE 7 - RESOLUTION OF DISPUTES |
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7.1. In the application of this Distance Sales Agreement, the Arbitration Boards and Courts of the Buyer in the place where the Buyer purchased the product and where the Buyer resides shall have jurisdiction, up to the value declared by the Ministry of Customs and Trade. 7.2. In accordance with the lower and upper limits specified in Article 68, paragraph 1 of Law No. 6502 on Consumer Protection, district/provincial arbitration committees are authorized to handle buyer requests. |
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7.3. By placing an order, the BUYER shall be deemed to have accepted all the terms and conditions of this Agreement. |
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SALES PERSON : BUYER("BUYER") : History : |
