DISTANT SALES AGREEMENT

  • 1.PARTIES

    1. DESIGNER AND SELLER

Designer and Seller Firm    : Uzman Kuyumculuk Sanayi ve Ticaret Ltd. Şti.
Address             :  Yenibosna Merkez Mah. Prof Dr.M.Nevzat Pisak Bahçelievler/İstanbul
Telephone         : +90 536 360 0676
E-mail                : info@klueconcept.com

 

  • 2. BUYER (Customer)

Name - Surname        :…………………………….
Address        : …………………………..
Telephone    : ……………………
E-mail           : ………………….@.................

 

  2.  SUBJECT OF THE AGREEMENT

The subject of this Agreement is determining the Parties’ rights and obligations under the Code Regarding Protection of Consumers numbered 6502 for the sale and delivery of the product of which the price and qualities are stated below and which is electronically ordered by the Buyer on https://www.klueconcept.com/  – the website belonging to the Seller. 

The rights and obligations of the Seller, the Buyer and the Provider, right of withdrawal, information liability, procedures and principles of delivery and other practices will be defined according to the by-law which will enter into force with respect to this issue.

 

  3. PRODUCT

The type and kind, quantity, trademark/model, the color, and the price of the products are below mentioned and this information is approved by the BUYER. 

Type of Payment    :

Delivery Address    :

Delivery Person    :

Invoice Address    :

Shipment Fee        :

 

  4. GENERAL PROVISIONS

4.1. The Buyer accepts and declares that he/she read the preliminary and other information stated on the https://www.klueconcept.com/ website about the basic features, sale price, validity period of the price, payment type and delivery of the product of the Agreement which is ordered on the https://www.klueconcept.com/ website belonging to the Seller, has accurate information about these issues and confirms the electronic purchase.

 

4.2. The product/products of the Agreement is/are delivered to the address of the Buyer or to the person’s/institution’s address indicated by the Buyer for every product according to the distance of the Buyer’s residential area within the time period defined by the preliminary information on the website with the condition of not passing the legal time limit of 30 days following the time of receipt of the order by the Seller which is defined by the applicable law. Shipment fee will be paid by the Buyer.

 

4.3. If the product of the Agreement is to be delivered to a person/institution other than the Buyer, the Seller shall not be held responsible for the refusal of the acceptance of delivery by them. 

 

4.4. The Seller is responsible for delivering the product of the Agreement safely, wholly, compatible with the qualities defined by the order and with the user’s manual and warranty certificate if available.

 

4.6. For the delivery of the product of the Agreement, the Agreement shall be confirmed electronically and the price of the product shall be paid in the payment type preferred by the Buyer. If the price of the product is not paid or deleted from the bank records for any reason, it is accepted that the Seller is released from the liability of delivering the product.

 

4.6. After the delivery of the product, if the particular bank or financial institution does not pay the product price to the Seller because of that the credit card of  the Buyer is used by the incompetent persons unrightly or illegally without the Buyer’s fault, the Buyer shall send the product to the Seller in 3 days if it’s delivered to him/her. In such a case, the transportation expenses shall be paid by the Buyer. 

 

4.7. If the product price of the Agreement is paid by the Buyer with credit card, all legal risks which may emerge from a case in which the Buyer and the credit card owner or the person to whom the product is to be delivered are different, including the usage of the credit card by unauthorized people unrightly and illegally belong to the Buyer. The Buyer accepts, declares and undertakes not to make any demand from the Seller if he/she suffers damage in such situations.

 

4.8.  In case the payment for the product of the Agreement is made to the ATM of a bank or as “deposit to account” at a branch of a bank by the Buyer, the Buyer accepts and undertakes to send an IBAN number of a bank account belonging to him/her rightly and wholly to the info@klueconcept.com  website of the Seller for the usage of it in case the price of the product is to be returned to the Buyer pursuant to the provisions of the Agreement and to give consent to the return that will be carried out by the Seller. If the Buyer does not notify the Seller of his/her IBAN number as defined, he/she is not entitled to make any claim.

 

4.9. If the Seller fails to deliver the product of the Agreement within the legal term of 30 days due to force majeure or emergency such as adverse weather conditions unabling the transportation, interruption of the transport and/or technical reasons, etc., he/she shall inform the Buyer about this issue. In such a case, the Buyer is entitled to cancel the order. If the Buyer cancels the order, then the paid amount is repaid with credit card or in cash at once within 10 days.

4.10. If the Buyer resides/stays outside of the Turkish Republic borders and/or the delivery address of the product is outside of the Turkish Republic borders; he/she accepts, declares and undertakes to be responsible for all the customs, fees and other financial obligations according to the applicable law of the respective foreign state, and to make the payments that will be demanded for the delivery of the product immediately and in kind. Besides, if the address of the Buyer is outside of the delivery area of the contracted courier company of the Seller, the Buyer undertakes either to pay all the expenses that will be demanded to make the delivery of the product or the delivery of the product/products subject to the sale from the respective branch of the contracted courier company of the Seller by the Buyer/Buyers in person stated in this Agreement. The Buyer will be informed by the contracted courier company of the Seller in advance about this issue, and the Buyer may terminate the Agreement at will.

 

4.11. The Buyer and the Seller accept, declare and undertake that the correspondence addresses written in the beginning of the Agreement are valid for notification and all notifications made to these addresses are to be regarded as valid.

 

4.12. The Seller has the right to communicate with the Buyer via the address stated by the Buyer on the register form or the updated address, e-mail address, letter, e-mail, SMS, phone call or other ways through the fixed or mobile phone lines for communication, marketing, notification and other reasons. The Buyer accepts and declares by accepting this Agreement that he/she has been informed and her/his confirmation has been taken by the Buyer that Seller has the right to communicate with him/her as mentioned above in accordance with The Law of Protection of Personal Data numbered 6698. 

 

4.16. The Buyer accepts and undertakes primarily to abide by the applicable law and not to infringe these rules when using the website of the Seller. Otherwise, the Buyer is liable for all legal and punitive obligations wholly and exclusively. 

 

4.17. The Buyer shall not use the website belonging to the Seller by destroying the public order or disturbing and abusing the others or behaving against general morality or for an illegal aim or in a way infringing the material and moral rights of others. Besides, no member has the right to perform any transaction obstructing or preventing the usage of the services by others (spam, virus, truva, etc).

 

4.16. Link may be given via Seller’s own website to other websites and /or other web-contents which are not under the control of the Seller and/or belong to or are managed by the third parties. These links are given as a direction facility for the Buyer, so they do not encourage any website or the persons managing the websites and do not constitute any warranty for the information stated in the particular websites. 

 

4.17. The member infringing one or some of the articles of this membership Agreement is personally liable legally and punitively due to this infringement and he/she shall immune the Seller from these legal and punitive consequences. Besides, the Seller’s right to claim indemnity from the member due to not abiding by the membership Agreement is reserved in case the issue is taken to the field of law.

 

  5. RIGHT OF WITHDRAWAL

If the Buyer resides/stays outside of the Turkish Republic borders and/or the delivery address of the product is outside of the Turkish Republic borders; he/she accepts, declares and undertakes by this Agreement that there is no withdrawal right in any circumstances. 

 

  6. OTHER PROVISIONS

The persons who are under the age of 18, lack mental capacity or are under legal disability shall not conduct any purchase with the Seller. The Seller is not responsible for the wrong prices due to the mistakes of the system or composition.

 

  7. COMPETENCE

Law and legislation of the Republic of Turkey shall apply in the interpretation of this agreement. Courts of Istanbul shall have jurisdiction for the resolution of any disputes which may arise from this agreement.

 

This agreement is read, accepted and confirmed electronically. For the issues which are not regulated by this Agreement, the Code Regarding the Protection of the Consumers numbered 6502 and the provisions of the relevant applicable law apply. 

 

SELLER                                                                                      BUYER

Uzman Kuyumculuk Sanayi ve Ticaret Ltd. Şti..

Date:                                                                                        Date:

TERMS AND CONDITIONS FOR INTELLECTUAL PROPERTY RIGHTS

  1. All products offered for sale in our web site domain named www.klueconcept.com mobile application and all kinds of social media tools are the designs of Uzman Kuyumculuk Sanayi ve Ticaret Ltd. Şti.. All intellectual property rights and property rights of such product designs, templates, photographs, images, graphics, logos and all kinds of content belong to Uzman Kuyumculuk Sanayi ve Ticaret Ltd. Şti.

  1.  As being rightful party- Uzman Kuyumculuk Sanayi ve Ticaret Ltd. Şti. reserves its right to make legal, administrative and criminal applications before judicial authorities and to compensate the damages incurred / will be incurred against the user in case of usage of such designs, templates, photographs, images, graphics, logos or content in our web site, mobile application and any social media without getting prior written permission.

 

  1.  The trademarks of ” Klue “ is registered in the Turkish Patent and Trademark Office under the name of Uzman Kuyumculuk Sanayi ve Ticaret Ltd. Şti. The usage of the same or similar trademark of the trademark and logo shall be considered a crime under the Industrial Property Law and the Turkish Penal Code. All legal rights of Uzman Kuyumculuk Sanayi ve Ticaret Ltd. Şti  are reserved in case of any unauthorized use to the trademarks and designs which are the exclusive use of it.

PRELIMINARY INFORMATION FORM

    

This preliminary information has been prepared in accordance with the Law on Protection of Consumers and the Regulation on Distance Contracts. Please read this form carefully before shopping on our website.

 

DESIGNER AND SELLER INFORMATION

Designer and Seller Firm    : Uzman Kuyumculuk Sanayi ve Ticaret Ltd. Şti.
Address            : Yenibosna Merkez Mah. Prof Dr.M.Nevzat Pisak Bahçelievler/İstanbul
Telephone         : +90 536 360 0676
E-mail                : info@klueconcept.com

 

 

  1. If the Buyer resides/stays outside of the Turkish Republic borders and/or the delivery address of the product is outside of the Turkish Republic borders; he/she accepts, declares and undertakes by this Agreement that there is no withdrawal right in any circumstances

  2. The main features and images (model, color, etc.) of the products are available on the website of the SELLER.

  3. Prices listed and announced are the selling price. The announced prices and promises are valid until they are updated and modified. The temporary prices announced are valid until the end of the specified period.

  4. The sales price, delivery address and buyer information of the products or services subject to the contract, including all taxes, are shown in the description as follows:​ PRODUCT DESCRIPTION / QUANTITY/ CASH PRICE OF THE PRODUCT / SUB TOTAL (VAT INCLUDED) / Delivery Address: / Delivery Person: / Invoice Address: / Order Date: / Type of Delivery : Delivery to buyer

  5. Any additional charges such as shipping fee, any other taxes and charges shall be paid by the Consumer.

  6. The consumer accepts the preliminary information about the basic characteristics of the products (design, type, quantity, color, unit prices, total price, payment information, including sales price and payment method including all taxes and the right of delivery)  and to provide confirmations and approvals for sale in electronic environment.

  7.  The product which is subject to the contract is delivered to the consumer or the person / organization in the address he / she shows within the legal period by the cargo company which the SELLER has contracted. The SELLER sends the products to the consumer via contracted cargo companies. In case the cargo company does not have a branch in the location of the Consumer and / or the address it has sent, the Consumer must receive the product from another branch of the cargo company.

  8. Shipping / delivery costs (shipment fee etc.) will be paid by the Consumer. The SELLER may not collect all or part of the delivery costs of the campaigns carried out at the time of sale by the Consumer. However, it is limited of the duration of the campaign.

  9. In the event that the consumer or the person named as the buyer at the time of delivery is not present at the address given to consumer, even if the product cannot be delivered, the SELLER will be considered to have fulfilled its performance completely and completely. It is the consumer's responsibility to follow the delivery and shipping of the products by contacting with the cargo company if there is no one to take delivery at the address. The SELLER shall not be held responsible from the person / organization (consumer or anybody else from the consumer) to be delivered is not at the address and / or does not accept the delivery. In that case, the Consumer shall cover all damages and expenses arising from the late delivery of the product.

  10. When the product is delivered, it must be checked and handed in front of the employee of the shipping / shipping company. When the consumer sees a problem caused by cargo in the product, she / he is responsible for not accepting the product and taking the minutes to the cargo company representative. Otherwise, the SELLER shall not be liable for any damages or claims.

  11. .Consumer must fully pay the price before the delivery of the product. Otherwise, the SELLER may unilaterally cancel the contract and not deliver the product. If after the delivery of the product, it is understood that the collection of the amount could not be made for any reason, the product shall be returned to the SELLER at the latest within 3 (three) days by the Consumer all expenses belong to the Consumer.

  12. In case the product cannot be delivered within the legal 30-day period due to reasons beyond the normal sales and delivery conditions which are not under the control of the SELLER and / or extraordinary circumstances (such as weather, terror, heavy traffic, earthquake, flood, fire), the SELLER informs the Consumer regarding the delivery. In this case, the Consumer may cancel the order, order a similar product, or wait until the end of the urgent case.

  13. .If the SELLER understands that the purchased product cannot be procured, it may obtain another product of equal quality and price by informing the Consumer.  The seller shall be deemed to have fulfilled the commitment of the Agreement in this way. In case where the consumer does not approve the provisions, the terms of the cancellation shall be applied.