Distance Sales Agreement
ARTICLE 1 – PARTIES
1.1 SELLER
Registered Company Name: Giya Kuyumculuk Limited Şirketi
Address: Atatürk Mah. Ertuğrul Gazi Sk. D8 Blok No:2, Ataşehir / İstanbul
Phone Number: +90 544 957 2709
E-mail Adress: [email protected]
MERSİS No: 3960201223
1.2 BUYER
Full Name:
Address:
Phone Number:
E-mail Adress:
Hereinafter referred to as the “BUYER.”
ARTICLE 2 – SUBJECT
The purpose of this Agreement is to establish the rights and obligations of the parties in
accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance
Contracts regarding the sale and delivery of the product specified below, which the BUYER
ordered electronically via the Seller’s website www.giyamucevherat.com / www.giya.com.tr (the
“Website”).
ARTICLE 3 – PRINCIPAL CHARACTERISTICS, PRICE & DELIVERY DETAILS
The name, quantity, VAT‑inclusive selling price, and delivery details of the product subject to this
Agreement are stated below.
ARTICLE 4 – GENERAL PROVISIONS
4.1. The BUYER declares that they have read and understood all pre‑contractual information on the Website, including the product’s essential features, VAT‑inclusive price, payment method, delivery terms and costs (if not otherwise stated, borne by the BUYER), delivery timeframe, and the SELLER’s full trade name, address, and contact information. The BUYER confirms electronic acknowledgment of their right of withdrawal and its conditions.
For complaints and requests, the BUYER may contact the Seller via the above communication channels, and the Seller’s customer service will respond promptly.
By confirming this Agreement electronically, the BUYER acknowledges having received full and accurate pre‑contractual information regarding trade name, address, MERSIS number, key product features, all‑inclusive prices, payment and delivery terms, right of withdrawal, and its exercise procedures.
4.2. The product shall be delivered to the BUYER or the designated recipient at the address within the timeframe specified on the Website’s pre‑information section, calculated from the order date and not exceeding 30 (thirty) days. Customized products made to the consumer’s specific request are exempt from the 30‑day limit.
4.3. If the product is delivered to a person or entity other than the BUYER designated by the BUYER, the Seller shall not be held responsible if delivery is refused by that third party.
4.4. The Seller is not liable for failure to deliver due to any issues encountered by the shipping company during delivery to the BUYER.
4.5. The Seller guarantees the product will be delivered intact, complete, and matching the specifications indicated in the order.
4.6. In case of technical or typographical errors in price, description, or specs, the Seller reserves the right to cancel the order and refund amounts paid to the BUYER in accordance with relevant legislation.
4.7. Because the products on www.giyamucevherat.com / www.giya.com.tr are handmade and ring sizes may vary, post‑production differences in weight, length, width, etc. of ± 10% may occur.
4.8. If the Seller becomes unable to fulfill the contractual obligation, they must notify the BUYER in writing or via a durable medium within three days of discovering the issue and refund all amounts received (including delivery costs) within 14 days of notification.
4.9. If an order placed during a promotion cannot be fulfilled at the end of the campaign, the Seller may, with the BUYER’s consent, offer a product of equal quality and price instead.
4.10. If payment via credit card, debit card, or other Website payment systems is not settled by the bank due to circumstances not attributable to the BUYER, the BUYER must return the product to the Seller within 3 (three) days, provided it was delivered. Return shipping costs shall be borne by the BUYER.
4.11. In case of force majeure, adverse weather, or other extraordinary conditions preventing delivery, the Seller must notify the BUYER. The BUYER then has the right to cancel the order and terminate the Agreement. In case of termination, the Seller must refund all payments received (including delivery costs) within 14 days of the termination notice.
4.12. Pursuant to Article 16/4 of the Regulation on Distance Contracts (effective 27.02.2015, Official Gazette No. 29188), if fulfillment becomes impossible, the Seller must notify the BUYER in writing or by durable medium within three days of becoming aware and refund all payments (including delivery costs) within 14 days.
4.13. If the BUYER exercises their right of withdrawal, or if the product cannot be procured or a consumer arbitration board/court mandates a refund, the Seller shall reimburse the bank in one lump sum for installment payments made by credit card. The bank will refund the BUYER in the same number of instalments. Refunds for wire transfers/EFT or cash-on-delivery will be made to the BUYER’s bank account (matching the billing or account holder name) as specified by the BUYER.
ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from this Agreement within 14 (fourteen) days without any reason.
Per Article 15 of the Distance Contracts Regulation, ring orders are customized, thus legally non refundable. However, on www.giyamucevherat.com / www.giya.com.tr, refunds on custom ring orders are allowed with a 10% deduction. No withdrawals allowed on engraved wedding rings.
The withdrawal period begins on the day of Agreement execution for service contracts, and on the day the BUYER or designated recipient receives the product for goods contracts. However, the BUYER may exercise withdrawal any time between contract execution and product delivery.
If the BUYER uses withdrawal, return shipping costs via a carrier other than the one specified in this Agreement shall be borne by the BUYER.
Withdrawal period calculation rules;
Delivery to the carrier by the seller does not count as delivery to the consumer. In combined goods/services contracts, withdrawal rights for goods shall apply.
To exercise the right of withdrawal, the Buyer must notify the Seller within 14 days via phone or e-mail. The product must be in resalable condition and must not fall under the exceptions listed in Article 15 of the Distance Contracts Regulation (Official Gazette, dated 27.11.2014). Upon a valid withdrawal, the return process will proceed accordingly:
a) Product invoice must be included. For corporate invoices, a replacement credit note must accompany the return within 10 days, otherwise the return cannot be processed.
b) The product must be returned within 14 days of receipt, including box, packaging, certificates, gifts/accessories, and gift vouchers, intact and undamaged. Missing or damaged items—regardless of carrier fault—will reduce the refund amount accordingly. The BUYER should coordinate the return method with the SELLER.
Carrier designated for returns is Yurtiçi Kargo.
Refund to the BUYER will be made within 14 days of the SELLER’s receipt of the withdrawal request.
ARTICLE 6 – PRODUCTS EXEMPT FROM WITHDRAWAL RIGHTS
The following products and services are not subject to the right of withdrawal in accordance with Article 15 of the Regulation on Distance Contracts, published in the Official Gazette dated 27.11.2014:
a) Contracts for goods made to the consumer’s personal preferences or specifications such as custom metal colors, non-standard ring, necklace or bracelet sizes, engraved wedding bands, or any post-delivery modifications are considered personalized items and are therefore not eligible for cancellation or return under the right of withdrawal; however, custom ring orders placed through www.giyamucevherat.com or www.giya.com.tr may be eligible for return with a 5% deduction, excluding engraved wedding bands, which are strictly non-refundable.
b) Contracts for goods or services whose prices depend on fluctuations in the financial markets beyond the control of the SELLER.
c) Contracts for the delivery of goods that are perishable or may expire quickly.
d) Contracts for the delivery of goods whose protective packaging (such as seals, bands, or wrappers) has been opened after delivery and are not suitable for return due to health or hygiene reasons.
e) Contracts for goods which, after delivery, have been mixed with other products and, by their nature, cannot be separated.
f) Contracts for the supply of books, digital content, or computer consumables provided in a tangible medium if their protective packaging has been opened after delivery.
g) Contracts for the delivery of periodicals such as newspapers or magazines, excluding those provided under a subscription agreement.
h) Contracts for services to be performed on a specific date or within a specific period, such as accommodation, transport of goods, car rentals, catering, and leisure or entertainment activities.
i) Contracts for movable goods that are subject to mandatory registration in accordance with the Highway Traffic Law No. 2918 dated 13/10/1983, as well as contracts concerning unmanned aerial vehicles (UAVs) that require registration.
j) Contracts for services performed instantly in an electronic environment or for intangible goods delivered immediately to the consumer. This includes mobile phones, smartwatches, tablets, and computers that have already been delivered to the consumer.
k) Contracts for services that begin with the consumer’s explicit consent before the withdrawal period expires, as well as contracts concluded via live auctions.
l) Products delivered to an address outside the Turkish Customs Territory as declared by the Buyer are not eligible for return. Additionally, products that require installation or assembly by the Seller or an authorized service provider, as stated in the user manual, are excluded from the right of withdrawal once such installation or assembly has been carried out.
ARTICLE 7 – DISPUTE RESOLUTION
If the BUYER has any complaint regarding the product, order, or related matters, they may submit it to the SELLER via the communication details above. Complaints will be logged and handled by the appropriate departments, and a response will be provided as soon as possible. Additionally, for disputes within the monetary limits established annually by the Turkish Ministry of Customs and Trade, the BUYER may apply to consumer arbitration committees or consumer courts in their place of purchase or residence.
SELLER:
Trade Name: Giya Kuyumculuk Limited Şirketi
Address: Atatürk Mah. Ertuğrul Gazi Sk. D8 Blok No:2, Ataşehir / İstanbul
BUYER:
Address:
Date: