Distance Sales Agreement

Distance Sales Agreement

1) Parties

* Seller

Title: Merlon Design Industry and Trade Limited Company
Mersis No: 0617076052900001
Address: Alkent 2000 Mah. Nilufer 1 St. Alkent 2000 Camlica Houses No: 4 Buyukcekmece / Istanbul
Phone : +90 539 361 95 75
Email address : info@merlondesign.com

Hereinafter referred to as “SELLER”.

* Buyer

It is the person who becomes a member of the www.merlondesign.com shopping site as a customer / purchases the product without being a member. The address and contact information used when purchasing products while becoming a member/not a member is taken as basis.

Hereinafter referred to as “BUYER”.

2) Subject

The subject of this contract is the Law No. 6502 on the Protection of Consumers regarding the sale and delivery of the product, the qualifications and sales price of which are stated below, which the Buyer has placed electronically on the SELLER’s www.merlondesign.com (“Internet Site”) website and It is the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation on Distance Contracts.

The contract date is the order date on which the order is placed by the buyer.

3) Matters Regarding the Product, Payment, Invoice and Delivery Subject to the Contract

* PRODUCTS

It consists of the type, quantity, brand/model, color, quantity, sales price, payment method, and information at the time the order is finalized.
* DELIVERY METHOD AND PLAN

Delivery Address : It is the address given by the buyer when ordering.
Delivery Type : CARGO

The product/products will be delivered to the address of the buyer with the cargo agreed by the seller. The delivery time is 30 days from the sending of the Order confirmation mail and the conclusion of the contract. This period may be extended by a maximum of ten days, provided that the buyer is notified in writing or by a permanent data carrier.

The products are sent to the regions where the cargo companies do not deliver to the address by telephone notice.

In regions where the Cargo Company delivers once a week, there may be a delay in the specified day in cases such as inaccuracies or deficiencies in the shipping information, some social events and natural disasters. The buyer cannot impose any responsibility on the seller due to these sags. If the product is to be delivered to another person / organization from the Buyer, the seller is not responsible for the extra shipping costs that may arise from the person / organization not accepting the delivery, inaccuracy in the shipping information and / or the absence of the Buyer. If the product/products did not reach the customer within the specified days, delivery problems should be reported to the customer services immediately by using the info@merlondesign.com e-mail address.

In case of damaged package; Damaged packages should not be received and a report should be made to the Cargo Company official. If the Cargo Company representative thinks that the package is not damaged, the buyer has the right to open the package and check that the products were delivered undamaged and to request that the situation be determined with a report. After the package is received by the Buyer, it is accepted that the Cargo Company has fulfilled its duty. If the package is not accepted and a report is kept, the situation should be reported to the Seller Customer Service as soon as possible, with the copy of the report remaining in the Buyer’s possession.

* Product Name, Amount, Sales Price Including VAT Information

Key features of goods or services are available at www.merlondesign.com .

The basic features (type, quantity, brand/model, color, number) of the Product(s) purchased by the BUYER are on www.merlondesign.com , as well as on the page where the advertisement of the product is located; as well as the BUYER’s Account> It is located under the My Orders link. The features of the product and the sales price including all taxes will be available in the BUYER’s basket and on the invoice to be sent.

The prices listed and announced on the site are the sales prices of the products. Advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.

The BUYER accepts and declares that the products offered on the www.merlondesign.com website are specially designed and handmade, and that for this reason, there may be differences between the product images on the www.merlondesign.com website and the product received by the BUYER.

All taxes of the goods or services subject to the contract are included in the sales price.

* Billing Information

The invoice prepared within the scope of the information declared by the BUYER when purchasing the product will be delivered to the invoice address together with the order during the delivery of the order.

4) General Provisions

* The BUYER, on the Website, states that the basic features of the product subject to the contract, the sales price including all taxes, the payment method and the delivery, and the costs of this will be borne by the BUYER unless otherwise stated, the delivery time and the full trade name, full address and contact information of the SELLER. declares that he has read the information and is informed, that he has obtained accurate and complete information about the conditions for the use of the right of withdrawal and that he has given the necessary approval in the electronic environment.

The BUYER can convey his requests and complaints by using the communication ways mentioned above. Complaints and requests will be answered by the SELLER as soon as possible through customer services.

BUYER; By confirming this contract electronically, the title, address, contact information, MERSIS number, basic features of the ordered products, sales price of the products including all taxes, payment and delivery information, the right of withdrawal, which must be given to the BUYER by the SELLER before the conclusion of the distance contracts. and confirms that he has obtained accurate and complete information about the usage procedure and conditions of the right of withdrawal.

* The product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated, within the period specified in the preliminary information on the website, which may vary depending on the distance of the BUYER’s residence for the relevant product, provided that it does not exceed the legal 30-day period.

* The SELLER cannot be held responsible if the ordered product cannot be delivered to the BUYER due to any problems that the cargo company may encounter during the delivery of the product to the BUYER.

​* The SELLER is responsible for the delivery of the contracted product in a solid, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.

​* The SELLER may supply a different product with the same quality and price, by informing the BUYER and by obtaining its explicit approval, before the contractual performance obligation expires.

* If the SELLER fails to fulfill its contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, it notifies the consumer of this situation before the contractual performance obligation expires and returns the total amount collected to the BUYER within 10 working days.

* For the delivery of the product, the Preliminary Information Form must be confirmed electronically. If, for any reason, the product price is not paid or canceled in the bank records, the SELLER is deemed to be relieved of its obligation to deliver the product.

* After the delivery of the product, if the relevant bank or financial institution fails to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER’s credit card by unauthorized persons, not due to the BUYER’s fault, within 3 days, provided that the BUYER has delivered the product to him. must be returned to the SELLER within In this case, the shipping costs belong to the BUYER.

​* If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions that prevent transportation, stoppage of transportation, the SELLER is obliged to notify the BUYER. In this case, the BUYER has the right to cancel the order and terminate the contract. In case of termination of the contract, the SELLER is obliged to return all the payments it has collected, including delivery costs, if any, to the BUYER in cash and in full within 14 (Fourteen) days following the receipt of the termination notice.

​* 16 of the Regulation on Distance Contracts No. 29188, which entered into force on 27.02.2015. 4 of the article. In cases where it becomes impossible to fulfill the performance of the goods or services subject to the order, the seller or the supplier must notify the consumer in writing or with a permanent data store within three days from the date of learning of this situation, and all the collected payments, including delivery costs, if any, shall be made at the latest from the date of notification. It must be returned within fourteen days.

​* Due to the fact that some of the products offered on the www.merlondesign.com website are handmade and the ring sizes ordered are different, weight, length, width, etc. There may be a difference of ± 15% in its properties after production.

​* In cases where the BUYER uses his right of withdrawal, or when the product subject to the order cannot be supplied for various reasons, or in cases where a decision is made to return the price to the BUYER with the decisions of the arbitral tribunal, if the shopping is made with a credit card and in installments, the SELLER shall pay the price of the product to the Bank at once. pays. In how many installments the BUYER has bought the product, the Bank makes the repayment to the BUYER in the same installments. In wire transfer/EFT or payment at the door options, the refund will be made in the form of wire transfer and EFT to the account specified by the Consumer (the account must be in the name of the person at the billing address or in the name of the user member) by requesting bank account information from the Consumer.

* Product price, product description, product quality, etc., due to technical or material errors during the sale of the product on the Internet Site. In case of errors in the specifications, the SELLER has the right to cancel the order and return the collected amounts to the BUYER in accordance with the provisions of the relevant legislation.

​* The BUYER, to use the products purchased on the website in accordance with the “product terms/conditions/instructions” written on the page where the relevant product(s) are offered for sale; The SELLER irrevocably accepts and undertakes during the approval of this contract that the SELLER is not responsible for the damage and loss that may occur in case of use contrary to these matters.

​* The BUYER is deemed to have read, informed and accepted the Preliminary Information Form, Distance Sales Agreement, Notice of Right of Withdrawal, and Product Usage Terms and Conditions, by entering any part of the www.merlondesign.com website and purchasing the product.

5) Rules on Protection of Personal Data, Commercial Electronic Messages and Intellectual-Industrial Rights

5.1- The name, surname, e-mail address, TR Identity number, demographic data, financial data, etc. of the BUYER, which can be defined as personal data within the scope of the Law on the Protection of Personal Data No. 6698. informations;

* to receive orders, to offer products and services, to develop products and services, to solve systemic problems, to perform payment transactions, to be used in marketing activities about orders, products and services, in case of prior approval, to update the information of the BUYER, and to manage and maintain memberships. For the purpose of execution of the distance sales contract and other contracts established between the BUYER and the SELLER, and 3. In order for the SELLER to provide the technical, logistics and other similar functions of the persons, the above-mentioned data can be recorded indefinitely / temporarily by the SELLER and third parties and / or organizations, kept in written / magnetic archives, used, updated, shared, transferred and processed in other ways.

5.2- In addition, if it gives its approval, the SELLER can send SMS/short message, instant message to the BUYER for the purposes of promotion, advertisement, communication, promotion, sales and marketing regarding all kinds of products and services, credit card and membership information, transaction and applications, in accordance with the applicable legislation. Commercial electronic communications can be made with notification, automatic call, computer, telephone, e-mail / mail, fax, other electronic communication tools, the BUYER has accepted to send commercial electronic messages to him.

5.3- Necessary measures for the security of the information and transactions entered into the system by the BUYER have been taken in the SELLER’s own system infrastructure, within the scope of today’s technical possibilities according to the nature of the information and transaction. However, since the said information is entered from the devices belonging to the BUYER, it is the BUYER’s responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated persons.

5.4- The BUYER may request the data usage-processing and/or communication to be stopped at any time by contacting the communication channels specified by the SELLER. According to the clear notification of the BUYER on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible, is deleted from the data recording system or anonymized in an anonymous way. If the BUYER wishes, he/she may object to the emergence of a result against him/her by means of transactions related to the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, analysis with automatic systems, The SELLER can always apply and get information on issues such as the elimination of damage due to the processing of the SELLER. The applications in question will be examined and the BUYER will be returned within the legal period, within the periods stipulated in the legislation.

6) Right of Withdrawal

The BUYER has the right to withdraw from the contract within 14 (Fourteen) days without giving any reason and without paying any penalty.
The duration of the right of withdrawal, in contracts related to the performance of service, the day the contract is established; In contracts for the delivery of goods, it starts on the day the consumer or the third party determined by the consumer receives the goods. However, the consumer may also use the right of withdrawal within the period from the conclusion of the contract to the delivery of the goods.

In determining the period of the right of withdrawal;

The delivery of the goods by the seller to the carrier is not considered as delivery to the consumer.

In contracts where the delivery of goods and the performance of services are made together, the provisions of the right of withdrawal regarding the delivery of goods are applied.

In order to exercise the right of withdrawal, the SELLER must be notified by telephone or e-mail within 14 (fourteen) days, and the product is subject to Article 15 of the Regulation on Distance Contracts, titled “Exceptions to the Right of Withdrawal”, published in the Official Gazette on 27.11.2014. It is essential that it is not within the scope of the provisions of the article and can be offered for resale by the SELLER. If this right is exercised;

3. a) 3. The invoice of the product delivered to the person or the BUYER (If the invoice of the product to be returned is corporate, it must be sent to the SELLER within 10 (ten) days together with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.)
4. b) The products to be returned within 10 (ten) days from the submission of the right of withdrawal request, must be returned to the SELLER completely and undamaged, together with their box, packaging, certificates, gift products and accessories, if any, and gift certificates. If any of these materials is not sent or is damaged even if it is caused by the transport company, the cost of the material is deducted from the return amount and the return process is completed. The BUYER should learn which route to follow for these transactions by contacting the contact information specified with the SELLER.

The carrier stipulated within the scope of the right of withdrawal is the cargo company to be notified by the SELLER.

The product price is returned to the BUYER within 14 (fourteen) days following the receipt of the SELLER’s right of withdrawal request.

7) Products for which the Right of Withdrawal cannot be exercised

7.1.- Contracts regarding the goods prepared in line with the wishes or personal needs of the consumer. Therefore, at the request of the BUYER, when a special production is made in a color different from the metal color offered on the website, or in special orders given outside the ring size range, necklace and bracelet size offered on the website, or after the delivery of the ordered product to the BUYER. When transactions such as changes in ring size, necklace, bracelet size and model are made in line with the request of .

7.2.- Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the SELLER or the provider.

7.3.- 15 of the Regulation on Distance Contracts. According to the article, there is no right of withdrawal (right of cancellation and return) in ring orders, depending on legal conditions, since the ring size is prepared specifically for the person.

8) Making Applications Regarding Disputes

If the BUYER has a complaint about his order and/or the product subject to his order and/or his order, he can convey his complaints to the SELLER via the above-mentioned contact information. Complaint applications submitted will be recorded, evaluated by the authorized units and tried to be resolved, and a response will be provided as soon as possible. In addition, the BUYER can apply for complaints and objections to the arbitral tribunal or to the TC Bakırköy Consumer Courts for consumer problems in the place where he/she purchases the goods or services within the monetary limits determined by the TR Ministry of Customs and Trade in December every year.

9) Making Applications Regarding Disputes

In case of dispute arising from the implementation of this contract, Consumer Arbitration Committees and TC Bakırköy Consumer Courts and enforcement offices are authorized up to the value announced by the Ministry of Industry and Trade in December every year.

10) Notices and Evidence Contract

Any correspondence to be made between the Parties under this Agreement will be made via e-mail, except for the obligatory cases listed in the legislation.

The BUYER agrees that the official books and commercial records of the SELLER and DSM, as well as the electronic information and computer records kept in its database and servers, in disputes that may arise from this Agreement, shall constitute binding, definitive and exclusive evidence, and that this article shall be subject to the provisions of the Code of Civil Procedure. 193. It accepts, declares and undertakes that it is in the nature of an evidential contract within the meaning of the article.

11) Enforcement

The BUYER is deemed to have accepted all the terms of this contract by purchasing a product from the site. The date of acceptance of the contract is the date of purchase of the product.

Date: It is the date when the customer buys the products he prefers from the site.

Products delivered to an address outside the Turkish Customs Area as a result of the buyer’s declaration of an overseas delivery address are not within the scope of return.