DISTANCE SALES AGREEMENT
ARTICLE 1. PARTIES
1.1 SELLER
Trade Name: MONEA KUYUMCULUK LTD. ŞTİ. (Tax No.: 6211275682)
Address: Hamidiye Mah. Selçuklu Cad. A Blok No:10G İç Kapı No:2 Kağıthane / Istanbul / Türkiye
Phone: +90 507 454 54 77
Email: [email protected]
MERSIS No: 0621127568200001
1.2 BUYER
Full Name:
Address:
Phone:
Email Address:
Hereinafter referred to as the "BUYER".
ARTICLE 2. SUBJECT
The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation regarding the sale and delivery of the product(s) ordered electronically by the BUYER through the website moneajewelry.com, owned and operated by the SELLER.
ARTICLE 3. ESSENTIAL CHARACTERISTICS OF THE PRODUCT(S), SALE PRICE, AND DELIVERY INFORMATION
The name, quantity, sale price including VAT, and delivery details of the purchased product(s) are specified in the Order Summary and the Preliminary Information Form, both of which constitute an integral part of this Agreement.
ARTICLE 4. GENERAL PROVISIONS
4.1 The BUYER acknowledges and declares that, prior to placing the order, they have been informed electronically about the essential characteristics of the product(s), the total sale price including all applicable taxes, payment method, delivery conditions, delivery costs, as well as the SELLER's trade name, registered address, and contact details. The BUYER further confirms that they have been informed about the right of withdrawal and all applicable terms and conditions, and that they placed the order after reviewing and accepting this information. The Preliminary Information Form and the Invoice constitute an integral part of this Agreement.
4.2 The BUYER may submit requests and complaints using the communication channels provided above. The SELLER shall respond to such requests and complaints within a reasonable period.
4.3 By confirming this Agreement electronically, the BUYER acknowledges that they have received all mandatory pre-contractual information required under applicable legislation.
4.4 The BUYER declares that they have read, understood, and approved the information specified under Article 3 regarding the purchased product(s).
4.5 Without prejudice to the legal maximum period of thirty (30) days from the order date, the purchased product(s) shall be delivered within the delivery period specified on the website, depending on the BUYER's location. Where necessary, this period may be extended by providing prior written notice to the BUYER.
4.6 Delivery periods for products manufactured upon the BUYER's request or customized according to the BUYER's personal preferences may exceed thirty (30) days. The BUYER acknowledges and accepts having been informed accordingly.
4.7 If delivery cannot be completed due to reasons attributable to the BUYER, including but not limited to the BUYER's absence at the delivery address, inaccurate or incomplete address or contact information, or disclosure of the delivery verification code to third parties, the SELLER shall be deemed to have fulfilled its delivery obligations and shall bear no liability for any resulting consequences.
4.8 The product shall be delivered to the BUYER or to the person designated by the BUYER upon verification of the delivery code. The SELLER shall not be liable for any loss or damage arising from the BUYER's disclosure of the delivery code to third parties.
4.9 If an order is cancelled due to incorrect address or contact information provided by the BUYER and the same product is later offered for sale at a different price, the SELLER shall not be obliged to honor the original purchase price.
4.10 Where the product is to be delivered to a person or entity other than the BUYER, the SELLER shall not be responsible if such person refuses to accept delivery.
4.11 Any delays caused by the shipping carrier shall be assessed in accordance with the applicable legislation and the circumstances of the specific case.
4.12 The SELLER shall ensure that the ordered product is delivered to the carrier in complete, undamaged, and compliant condition, consistent with the specifications stated in the order.
4.13 In the event of an obvious pricing error, technical mistake, or incorrect product information published on the website, the SELLER reserves the right to cancel the order and refund any amount paid by the BUYER.
4.14 As all products are handcrafted, minor variations of up to ±10% in weight, dimensions, length, width, stone placement, or similar characteristics may occur. The BUYER acknowledges and accepts these natural variations.
4.15 If fulfillment of the order becomes impossible, the SELLER shall notify the BUYER within three (3) days of becoming aware of such circumstance and shall refund all payments collected within the period prescribed by applicable legislation.
4.16 If performance becomes impossible after the end of a promotional campaign, an alternative product of equivalent quality and value may be supplied only with the BUYER's prior approval.
4.17 Prices displayed on the website are valid only at the time the order is placed. Promotional prices remain valid only for the duration of the relevant campaign.
4.18 If the relevant bank or financial institution fails to transfer the purchase amount to the SELLER due to unauthorized or fraudulent use of the BUYER's payment method, and the product has already been delivered, the BUYER shall return the product within three (3) days.
4.19 In the event of delays caused by force majeure or extraordinary circumstances preventing transportation, the BUYER shall be informed accordingly and may exercise the rights granted under applicable legislation.
4.20 In cases where fulfillment of the order becomes impossible, refund procedures and notification obligations shall be carried out in accordance with the applicable legal regulations.
4.21 Refunds arising from the exercise of the right of withdrawal, product unavailability, or decisions of the competent Consumer Arbitration Committee or Consumer Court shall be processed using the original payment method, in accordance with applicable legislation.
4.22 The time required for refunds made to credit cards to appear in the BUYER's account depends entirely on the processing procedures of the relevant bank or payment institution.
4.23 Products displayed on the website may not always be immediately available in stock. Certain products may be manufactured upon order. In the event of supply issues, the SELLER may offer an equivalent alternative product. If the BUYER declines such alternative, all payments received shall be refunded.
4.24 The BUYER is obliged to inspect the product upon delivery. If the package or product is visibly damaged or defective, it should not be accepted from the carrier without an official damage report being prepared.
4.25 The BUYER acknowledges that personal information required for processing the order and delivery may be processed by the SELLER in accordance with the applicable data protection legislation.
4.26 The BUYER is responsible for ensuring that all personal, billing, and payment information provided during the ordering process is accurate and up to date.
4.27 Neither party shall be held liable for failure to perform its obligations where such failure results from force majeure or unforeseeable circumstances beyond its reasonable control. If such circumstances continue for more than thirty (30) days, either party may terminate this Agreement.
4.28 In the event of any dispute arising from this Agreement, the parties agree that the SELLER's commercial books, electronic records, system logs, and digital data maintained in accordance with applicable legislation shall constitute admissible evidence to the extent permitted by law.
4.29 Persons under the age of eighteen (18) may not place orders through the website. By approving this Agreement, the BUYER declares that they are at least eighteen (18) years of age.
ARTICLE 5. RIGHT OF WITHDRAWAL
5.1 The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date on which the product is delivered to the BUYER or to the person designated by the BUYER, without providing any reason and without incurring any penalty.
5.2 To exercise the right of withdrawal, the BUYER must notify the SELLER within the fourteen (14) day withdrawal period, and the product must be suitable for resale in accordance with the applicable legislation.
5.3 In the event the right of withdrawal is exercised, transportation and any other return-related costs shall be assessed in accordance with the provisions of this Agreement and the applicable legislation.
5.4 The SELLER shall not be responsible for delays arising from the processing procedures of banks or payment service providers during the refund process.
5.5 The commencement and exercise of the right of withdrawal shall be governed by the provisions of the Distance Contracts Regulation.
5.6 Upon receipt of the returned product, the SELLER shall inspect it. If the return complies with the conditions governing the right of withdrawal, the refund shall be processed within the period prescribed by the applicable legislation.
ARTICLE 6. PRODUCTS EXCLUDED FROM THE RIGHT OF WITHDRAWAL
In accordance with Article 15 of the Distance Contracts Regulation, the right of withdrawal cannot be exercised for products manufactured or customized in line with the BUYER's personal requests or specific needs.
- Products engraved with a name, date, initials, or personalized message
- Custom-designed or bespoke jewelry
- Products modified with respect to size, gemstone, precious metal, or design
- Rings manufactured in the BUYER's specific ring size
For international deliveries and other exceptions defined under the Distance Contracts Regulation, the relevant provisions of the applicable legislation shall apply.
ARTICLE 7. DISPUTE RESOLUTION
The BUYER may submit complaints and objections to the Consumer Arbitration Committee or the Consumer Court having jurisdiction over the BUYER's place of residence or the place where the goods or services were purchased, within the monetary limits announced by the Ministry of Trade of the Republic of Türkiye.
Any disputes arising from the implementation of this Agreement shall be subject to the jurisdiction of the Istanbul (Çağlayan) Courts and Enforcement Offices, without prejudice to the mandatory provisions of the applicable consumer legislation.
SELLER
MONEA KUYUMCULUK LTD. ŞTİ.
Hamidiye Mah. Selçuklu Cad. A Blok No:10G İç Kapı No:2
Kağıthane / Istanbul / Türkiye
+90 507 454 54 77
[email protected]
BUYER
Address:
Date: