Distance Sales Agreement

This Distance Sales Agreement ("Agreement") is drawn up for online sales pursuant to the Consumer Protection Law No. 6502 dated 07.11.2013 ("Law No. 6502") and the Distance Contracts Regulation published in the Official Gazette No. 29188 dated 27.11.2014 ("Relevant Regulation"). The terms and conditions of the agreement are as follows.

ARTICLE 1 – PARTIES

SELLER

Name: Euphorist Jewelry 
Address: Suadiye Kadıköy/Istanbul
Phone: +90 5321564147
Email: info@euphorist.co

BUYER

Name:
Address:
Phone:
Email:

ARTICLE 2 – SUBJECT

The subject of this Agreement is to define the rights and obligations of the Parties regarding the sale and delivery of the product(s) ordered by the BUYER from the SELLER’s website, "www.euphorist.co," as per the provisions of the Law No. 6502 and the Relevant Regulation.

ARTICLE 3 – PRODUCT

The type and nature, quantity, brand/model, color, sales price, and delivery details of the product(s) are as follows:

The basic features of the product, such as model and color, are available on the SELLER’s website, "www.euphorist.co." The BUYER can review the product features and images on the website as long as the product is available for sale.

The price below is the total sales price, including all taxes.

Product Description:
Product Price Including VAT:
Quantity:
Shipping Fee:

*The shipping fee will be determined based on the product amount. Additional costs may be incurred as it cannot be calculated in advance.

Payment Method: Cash / Credit Card Single Payment / Credit Card Installment [*]
Total Price (Including VAT):
Delivery Method: Delivery to address

ARTICLE 4 – GENERAL PROVISIONS

4.1 - The BUYER declares that they have read and understood the preliminary information regarding the basic features, sales price, payment method, delivery details, and the SELLER's full commercial name, address, and contact information of the product(s) specified in Article 3 of this Agreement, and have provided the necessary confirmation electronically.

By confirming this Agreement, the BUYER acknowledges that they have correctly and fully obtained the information that the SELLER is required to provide to the consumer before the execution of distance contracts, including the address, essential characteristics of the product ordered, the price of the product, payment and delivery details, and the obligation to pay if the order is confirmed.

4.2 - Except for products specially prepared at the request of the BUYER, the product(s) subject to the Agreement will be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the legal period of 30 (thirty) days from the receipt of the order by the SELLER, depending on the distance to the BUYER's location as specified in the preliminary information. The BUYER will cover the delivery charges, unless stated otherwise before the conclusion of the Agreement.

4.3 - The SELLER is responsible for delivering the product(s) specified in the Agreement in a sound, complete condition, and in accordance with the characteristics specified in the order.

4.4 - For the delivery of the product(s) specified in the Agreement, the acceptance of this Agreement by the BUYER and the payment of the price using the payment method chosen by the BUYER is required. If for any reason the product price is not paid or is canceled in the bank records, the SELLER will be deemed to have been relieved of the obligation to deliver the product.

4.5 - After the delivery of the product(s), if the credit card, bank card, debit card, or other payment methods provided by the BUYER are used unlawfully or without authorization by third parties in a manner not attributable to the BUYER's fault, and if the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER is obligated to return the product(s) to the SELLER’s address within 3 (three) days. In this case, all shipping costs will be borne by the BUYER.

4.6 - If the product(s) are to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.

4.7 - The SELLER will not be held responsible for any issues encountered by the shipping company during the delivery of the product(s) to the BUYER, resulting in the ordered product(s) not being delivered to the BUYER.

4.8 - The SELLER, based on a valid reason, may provide the BUYER with a different product of equal quality and price before the performance period of the contractual obligation expires.

4.9 - If the SELLER cannot fulfill the contractual obligations due to the impossibility of fulfilling the order or the unavailability of the ordered product in stock, the SELLER will notify the consumer before the expiration of the performance period and may provide the BUYER with a different product of equal quality and price if available in stock. This right of the SELLER remains reserved, but it is also possible to refund the product price.

4.10 - If the SELLER cannot deliver the product within the specified period due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation disruptions, the SELLER is obligated to inform the BUYER of the situation. In this case, the BUYER may choose to cancel the order, replace the product with a similar product, or postpone the delivery period until the hindrance is resolved. If the BUYER cancels the order, the amount paid will be refunded to the BUYER within 10 (ten) days.

For payments made by credit card, bank card, debit card, or other payment systems provided on the website, the product amount will be refunded to the relevant bank within 7 (seven) days after the cancellation by the BUYER. For payments made via Ininal Card, the product amount will be refunded to the user's Ininal Card account within 24 hours after the cancellation by the BUYER. The reflection of this amount in the BUYER’s account after the refund to the bank and/or Ininal Card account is entirely dependent on the bank’s and/or Ininal Card’s processing time, and the SELLER has no control or intervention in this regard.

4.11 - This Agreement becomes valid after it is accepted by the BUYER. By confirming the order, the BUYER accepts all terms and conditions of this Agreement.

ARTICLE 5 – RIGHT OF WITHDRAWAL

5.1 - The BUYER has the right to withdraw from the Agreement without providing any reason within 14 (fourteen) days from the delivery of the product(s) to the BUYER or the person/organization at the address indicated by the BUYER. By entering into this Agreement, the BUYER acknowledges that they have been informed about the right of withdrawal. To exercise the right of withdrawal, a written notice must be sent to the SELLER’s contact details mentioned above within the 14 (fourteen) day period, and the product(s) must not be among those that cannot be returned under Article 6, must not have been used, and must be in a condition suitable for resale by the SELLER.

5.2 - If the right of withdrawal is exercised, the BUYER must return the product(s) to the SELLER within 10 (ten) days from the date of notification, along with the box, packaging, labels, standard accessories, and invoice, if any, complete and undamaged. Otherwise, the right of withdrawal will be deemed not to have been exercised.

5.3 - The SELLER is obligated to refund the collected payments to the BUYER within 14 (fourteen) days from the date of receipt of the notification of the withdrawal.

5.4 - The shipping cost for the return of the product(s) due to the right of withdrawal will be borne by the SELLER.

5.5 - Except for the BUYER's right of withdrawal and other legal rights, no product can be returned or exchanged for another product.

ARTICLE 6 – PRODUCTS NOT SUBJECT TO THE RIGHT OF WITHDRAWAL

The right of withdrawal cannot be exercised for products that are specially prepared or designed at the BUYER's request,
For products that have been altered or customized as per the BUYER's request,
For products whose tags, packaging, or boxes are damaged,
For products that are not eligible for resale.

ARTICLE 7 – PROTECTION OF PERSONAL DATA

7.1 - The BUYER can create a User Account under this Agreement, and for this purpose, they provide their name, surname, and contact information, which are considered 'personal data' under the Personal Data Protection Law No. 6698 ("KVKK"). Additionally, to collect the payment for the purchased product(s), the SELLER collects payment information such as credit card details and address information to deliver the product(s). The SELLER collects and transfers personal data for the purpose of providing services specified in this Agreement, and such processing of personal data is necessary under Article 5/2(c) of the KVKK.

7.2 - The SELLER agrees, declares, and undertakes to process personal data collected from the BUYER in connection with the service provided under this Agreement, only for purposes consistent with the Agreement, to maintain the data for the period necessary for the performance of the service, to delete, destroy, or anonymize the data if the reasons for processing cease to exist, and not to transfer the personal data to third parties without the BUYER's explicit consent, except for the necessary measures to perform this Agreement and to protect the legitimate interests of the SELLER without harming the fundamental rights and freedoms of the BUYER.

ARTICLE 8 – COMPETENT COURT

In the implementation of this Agreement, the Consumer Arbitration Committees and the Consumer Courts at the SELLER's location are authorized up to the value announced by the Ministry of Customs and Trade.

Upon the conclusion of the order, the BUYER will be deemed to have accepted all terms and conditions of this Agreement.