This distance sales contract; It has been prepared in accordance with the Regulation on Distance Contracts published in the Official Gazette dated 27 November 2014 and numbered 29188 and by taking this regulation as a reference.
1. STI. (“SELLER”) in electronic environment within the framework of the terms and conditions stated below.
2. DEFINITIONS
In the implementation and interpretation of this Agreement, the terms written below shall refer to the written explanations against them.
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
Minister: Minister of Commerce,
Ministry: Ministry of Commerce,
Service: The subject of any consumer transaction, other than the supply of goods made or promised to be made in return for a fee or benefit,
Website: www.abriesjewellery.com website belonging to the SELLER,
Law: Law on Consumer Protection,
SELLER: The natural and/or legal person, including public legal entities, who offers goods to the consumer for commercial or professional purposes or acts on behalf of or on behalf of the supplier and whose information is provided in Article 3 of the Contract,
Orderer: The natural or legal person who requests a good or service through the website or mobile application of Abries jewellery named www.abriesjewellery.com,
Contract: This Distance Sales Contract concluded between the SELLER and the BUYER,
Parties: SELLER and BUYER,
Product or Products: It refers to movable goods subject to shopping, immovable properties for residence or holiday purposes, and software, audio, video and similar products prepared for use in electronic environment.
Regulation: Distance Sales Regulation,
3. SUBJECT
This Agreement has been drawn up in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. The parties accept and declare that they know and understand their obligations and responsibilities arising from the Law on the Protection of the Consumer No. 6502 and the Regulation on Distance Contracts under this Agreement. The subject of this Agreement; It is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law on the Protection of the Consumer and the Regulation on Distance Contracts in relation to the sale and delivery of the product, the characteristics of which are stated below and the total sales price including taxes, which the BUYER has placed an order electronically on the website of the SELLER. The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Campaign prices announced for a period of time are valid until the end of the specified period, and the products with the campaign are limited to stocks.
4. ISSUES THAT THE BUYER WAS INFORMED BEFORE THE DISTANCE SALES AGREEMENT IS ESTABLISHED:
4.1. The BUYER, in the following matters, has examined, read and understood all the general-specific explanations on the relevant pages-sections of the Website, just before the establishment of this Agreement with the acceptance of the BUYER on the Website and undertaking both the order and the payment obligation. and accepts that the necessary information has been given to him.
a) The SELLER’s title and contact information, the mersis number and current introductory information, the existence of a separate complaint and contact number with a happy customer hotline in addition to the current contact information of the seller in order for the consumer to convey their complaints.
b) Appropriate tools-methods regarding the stages of the sales process during the purchase of the products from the Website and the correction of incorrectly entered information,
c) Electronic contact information of the Chamber of Commerce (ITO-Istanbul Chamber of Commerce) to which the SELLER is a member and the code of conduct stipulated by the ITO regarding the profession (Telephone: 444 0 486, www.ito.org.tr)
d) Confidentiality, data usage-processing and electronic communication rules applied to the BUYER’s information applied by the SELLER and the permissions given by the BUYER to the SELLER in these matters, the legal rights of the BUYER, the rights of the SELLER and the procedures for using the rights of the parties,
e) Shipping restrictions, if any, stipulated by the SELLER for the Products,
f) Payment methods-means accepted by the SELLER for the products subject to the contract and the basic features-qualities of the Products, the total price including taxes (total price to be paid by the BUYER to the SELLER, including the related expenses),
g) Information on the methods of delivery of the Products to the BUYER and the shipping-delivery-cargo costs,
h) Other payment/collection and delivery information regarding the products and information regarding the performance of the Contract, the Parties’ responsibilities in these matters,
i) Products and other goods and services that the BUYER does not have the right of withdrawal,
j) In cases where the BUYER has the right of withdrawal, the terms, duration and procedure of using this right, and if the right is not used within the period, the BUYER will lose its right of withdrawal,
k) For products with the right of withdrawal, if the product deteriorates or undergoes a change due to not being used in accordance with the instructions for use, normal functioning or technical specifications during the withdrawal period, the BUYER’s request for withdrawal may not be accepted and in any case, the SELLER will be liable to the SELLER. cases, it may deduct an amount that it deems appropriate according to the defect or change in question from the repayment to be made to the BUYER,
l) In cases where there is a right of withdrawal, how to return the Products to the SELLER and all related financial issues (including the ways of returning, the cost and the discounts and deductions that can be made for the reward points earned/used by the BUYER during the return of the Product price and return),
m) Details of the terms of use (special conditions) regarding various opportunities that may be applied periodically on the BUYER’s Website,
n) According to its nature, all other sales conditions included in this Agreement and this Agreement can be stored and accessed for the period requested by the BUYER, since it is sent to the BUYER by e-mail after the BUYER has approved and established it on the WEBSITE, and the SELLER for a period of three years. that he can keep with him.
o) In case of dispute, the BUYER can submit his/her complaints to the SELLER with the contact information and legal applications to the District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of the Law No. 6502.
ö) The matters related to the preliminary information written above are an integral part of this contract and this information cannot be changed unless the parties expressly agree to the contrary.
5. SELLER INFORMATION
Title: Abries jewellery – Kocabay Jewelry LTD. STI.
Address: Molla Fenari Mah. Tasvir Sokak Guvencer Business Hani No: 5 Floor: 7/401 Fatih/Istanbul
Product Return Address (Especially if the right of withdrawal is exercised) is Alemdar Mahallesi, Mollafenari Sokak, No: 18/A, Fatih/Istanbul, and the contracted cargo company is Yurtiçi Kargo.
Mersis: 0565 1176 2740 0001
Phone: 0212 522 86 19
E-mail address :
1-) contact@abriesjewellery.com,
2-) support@abriesjewellery.com,
Return Cargo Company: Yurtiçi Cargo
Customer Service Contact information; You can call our Customer Service Line at number or contact us via the “send a message” section on the “contact” page by logging in via our website www.abriesjewellery.com.
The Cargo Company to which the Buyer Will Send the Goods to the Seller in case of Return: Yurtiçi Kargo
6. BUYER INFORMATION
Delivery Person:
Delivery address:
Telephone:
Fax:
E-Mail/Username:
7. ORDERING PERSON INFORMATION
Delivery Person:
Delivery address:
Telephone:
Fax:
E-Mail/Username:
8. INVOICE INFORMATION
Delivery Person:
Delivery address:
Telephone:
Fax:
E-Mail/Username:
Invoice Delivery: If the invoice and delivery addresses are the same, the invoice will be delivered to the delivery address at the time of order delivery, together with the order, if the invoice and delivery addresses are different, the invoice will be sent by e-mail.
9. CONTRACTUAL PRODUCT/PRODUCTS INFORMATION
9.1. The basic features of the Good/Product/Products/Service (type, quantity, brand/model, color, number) are available on the website of the SELLER. You can review the basic features of the product during the campaign.
9.2. The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
9.3. The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.
Shipping Cost:
Total Including VAT:
Payment method:
Delivery address:
Delivery Person:
Billing address:
9.4. Additional fees such as shipping fee, any other tax, duty fee, which is the product shipping cost, will be paid by the BUYER. In cases where the SELLER undertakes to cover the shipping cost of the product, the relevant condition must be fulfilled by the BUYER. The cargo company with which the SELLER has a contract at the time of the conclusion of this contract is Yurtiçi Kargo.
10. GENERAL PROVISIONS
10.1. The BUYER accepts, declares and undertakes that he/she has read the preliminary information regarding the basic characteristics, sales price and payment method and delivery of the Product subject to the Contract on the Website and that he/she is informed and gives the necessary confirmation in electronic environment. BUYER’s; Confirming the Preliminary Information in electronic environment, accepting, declaring and undertaking that he has obtained the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the total price of the products, including taxes, and the payment and delivery information. it does.
10.2. Each product subject to the contract is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER, within the period specified in the preliminary information section of the website, depending on the distance from the BUYER’s place of residence, provided that it does not exceed the legal period of 30 days. If the BUYER fails to fulfill its obligations within this period, the BUYER may terminate the Agreement. The delivery date of the products specified as “estimated delivery date” on the website is specified as an estimate, and this expression does not include any commitment. These products will be delivered to the BUYER within 30 days at the latest, as specified in the legislation. Yurtiçi Cargo is the contracted cargo company of the SELLER as of the date of approval of this contract.
10.3. The SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, with the information and documents required for the job, and to perform the work in accordance with the standards, in accordance with the standards, in a sound manner, free from all kinds of defects. It accepts, declares and undertakes to act with caution and foresight, to maintain and increase the quality of service, to show the necessary care and attention during the performance of the work.
10.4. The SELLER may supply a different product of equal quality and price, by informing the BUYER and by obtaining its express approval, before the expiry of the performance obligation arising from the Contract.
10.5. The BUYER accepts that he/she will confirm this Agreement electronically for the delivery of the Product subject to the Contract, and that in case of non-payment of the price of the product subject to the Contract for any reason and/or cancellation in the records of the bank, financial institution, the SELLER’s obligation to deliver the product subject to the contract shall expire, declares and undertakes. The BUYER accepts, declares and undertakes that the SELLER has no responsibility for the payments made to the SELLER by the bank and/or financial institution, but for which a failed code is sent by the bank and/or financial institution for any reason.
10.6. After the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, as a result of the unfair use of the BUYER’s credit card by unauthorized persons, if the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution, the BUYER may terminate the contract. It accepts, declares and undertakes that it will return the product in question to the SELLER within 3 days at the SELLER’s cost of transportation.
10.7. The SELLER accepts, declares and undertakes that if the SELLER cannot deliver the product subject to the Contract in due time due to force majeure situations such as the occurrence of circumstances that are unforeseeable and prevent and/or delay the fulfillment of the obligations of the Parties, it will notify the BUYER of the situation. it does. The BUYER also has the right to request from the SELLER to cancel the order, replace the product subject to the contract with its precedent, if any, and/or delay the delivery period until the obstacle is removed. In case of cancellation of the order by the BUYER, in the payments made by the BUYER in cash, the product amount is paid to him in cash and in one lump sum within 14 (fourteen) days. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 7 (seven) days after the order is canceled by the BUYER. The BUYER considers that the average process of reflecting the amount returned to the credit card by the SELLER to the BUYER’s account by the bank may take 2 (two) to 3 (three) weeks. accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.
10.8. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
10.9. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the BUYER; The SELLER may request from the BUYER to present the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order, or a letter from the bank of the card holder stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned demands are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.
10.10. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately, in cash and in advance, indemnify all losses incurred by the SELLER due to the untrueness of this information.
10.11. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them when using the website of the SELLER. Otherwise, all legal and penal liabilities to arise will bind the BUYER completely and exclusively.
10.12. The BUYER may not use the SELLER’s website in any way that disrupts public order, violates public morality, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
10.13. On the website of the SELLER, links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be provided. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
10.14. The BUYER, who violates one or more of the articles listed in this Agreement, is personally responsible for this violation criminally and legally and will keep the SELLER free from the legal and penal consequences of these violations. Moreover; In the event that the event is transferred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the BUYER due to non-compliance with the Contract.
11. SPECIAL CONDITIONS
11.1. The SELLER, at its own discretion, may organize various campaigns for the BUYERS on the Website at various times, the conditions of which are determined by the SELLER. In so far, the BUYER has the right to return, withdraw, etc. the products purchased for any reason. In the event that the conditions of the campaign arranged by the SELLER cannot be met for any reason, the discount amount/benefit used within the scope of the campaign will be canceled and will be deducted from the refund payment to be made to the BUYER.
11.2. If the BUYER is able to benefit from more than one campaign on the same invoice, the campaigns will not be combined and the BUYER will only be able to benefit from one campaign. The BUYER accepts, declares and undertakes that he will not claim any rights in such a case.
11.3. The SELLER reserves the right to stop, update and change the campaign conditions at any time, the campaigns announced on the Website. The BUYER is required and recommended to review the campaign conditions before each purchase to be made from the Website.
11.4. By organizing campaigns, your bank can apply a higher number of installments than the number of installments you choose, and services such as installment postponement can be offered. Such campaigns are at the discretion of your bank and if the SELLER is informed, information about the campaigns is provided on our pages. Your bank will reflect on your credit card summary by dividing the order total by the number of installments starting from the account cutoff date of your credit card. The bank may not distribute the installment amounts equally to the months, taking into account the fractional differences. The creation of your detailed payment plan is at the discretion of your bank.
12. PERSONAL DATA PROTECTION POLICY and RULES ON ELECTRONIC COMMERCE COMMUNICATION PERMISSION AND INTELLECTUAL AND INTELLECTUAL RIGHTS:
12.1. Name, surname, e-mail address of the BUYER, which can be defined as personal data within the scope of the Law on Protection of Personal Data No. 6698, T.C. ID number, demographic data, financial data, etc. informations;
Open Consent
Pursuant to the KVKK, Abries jewellery, in the capacity of Data Controller, of your personal data that you have shared with Abries jewellery through the websites of brands, our stores and other channels within the scope of Abries jewellery Membership; obtain, save, store, preserve, update, change, rearrange, disclose, transfer, transfer, share, classify, anonymize and process in other ways listed in KVKK in order to continue its services. .
In this context, you give your explicit consent to the processing of your personal data (including sensitive personal data) shared with Abries jewellery within the scope specified below, in accordance with the KVKK and relevant legislation, including the Abries jewellery Membership program, which is the Abries jewellery Membership program, and the websites membership process. You can procure all of our products from our stores even without being included in the Abries jewellery membership program. In this case, your personal data will be processed only in the presence of exceptional circumstances listed in the KVKK and which do not require explicit consent, and within the scope of these exceptions.
Purpose of Personal Data Protection Policy
What kind of personal data this Personal Data Protection Policy and Abries jewellery’s membership program collects, how this personal data is used, with whom Abries jewellery may share your personal data, what your rights are over your personal data processed by Abries jewellery and how you can use these rights, We will try to convey to you, our valued customers, how you can change your positive or negative preferences in receiving electronic commercial messages.
Your Processed Personal Data, Purpose and Basis of Personal Data Processing
Abries jewellery’s brand, in order to provide better service to Abries jewellery members and within the framework of its legal obligations arising from the relevant legislation, especially the Law No. 6563 on the Regulation of Electronic Commerce and the relevant secondary legislation, the Turkish Penal Code No. 5237 and the Law on the Protection of Personal Data No. 6698; your personal data (name, surname, date of birth, mobile phone number, e-mail, gender, address, occupation, education, shopping point and time, how much he paid, which campaign he benefited from, received) that will enable him to fulfill his purpose and legal obligations. discount amount, product information in your shopping, navigation and click information on the application, location information where the application is opened) from you. In order for you to benefit from the “Abries jewellery” membership benefits, these personal data are protected by information security, provided that they are not used outside of the purposes and scope determined by this Personal Data Protection Policy and Communication Permission, based on your express consent.
2. Your Rights Regarding Your Personal Data
To learn what your processed personal data is, whether it is used for the purpose of processing, to find out the third parties to whom the personal data is transferred in the country or abroad, to change and update your personal data in case of incomplete or incorrectly processed personal data or in case of any change in your processed personal data. In order to exercise all your other rights you have pursuant to article 11 of the Personal Data Protection Law No. 6698, such as notifying updates to your personal data transferred to individuals and removing your permissions, you can contact Abries jewellery by calling 0212 522 86 19 or emailing “kvkk@abriesjewellery.com” ( You can refer to www.abriesjewellery.com).
3.Personal Data Retention Period
In accordance with the Law No. 6563 on the Regulation of Electronic Commerce; by recording the approval, the withdrawal of the approval, the content of the commercial electronic message and other records related to the post to be submitted to the Ministry when necessary; It will be kept for 5 years from the date of expiry of the approval. After the deadline, your personal data is deleted, destroyed or anonymized by our company or upon your request.
4. Unsubscribe from “Abries Jewelley Membership” and revoke communication permission
If you want to revoke your consent and do not want the messages sent to you for campaign promotions or informational purposes to be sent anymore, you can forward your request to Abries Jewelley at any time, by the method you have given your consent (sms, e-mail, push notification, website and other methods) and You can send an e-mail to “kvkk@abriesjewelley.com” at any time.
5. Sharing Personal Data with Official Authorities
Abries Jewelley collects your subscription-related personal data and traffic information such as your navigation information; may share this information with public institutions and organizations that are legally authorized to request this information for your safety and for Abries jewellery to fulfill its obligations under the law.
6. Measures Regarding the Protection of Personal Data
Protection of personal data is an important issue for Abries Jewellery. Abries Jewelley takes the necessary measures to protect personal data against unauthorized access or loss, misuse, disclosure, alteration or destruction of this information. Abries jewellery uses generally accepted security technology standards such as firewalls and Secure Sockets Layer (SSL) encryption when storing personal data. In addition, when sending your personal data to Abries jewellery via the website/mobile application, this data is transferred using SSL.
Abries jewellery undertakes to keep your personal data confidential, to take all necessary technical and administrative measures and to show due diligence to ensure confidentiality and security. Although Abries jewellery takes the necessary information security measures, if personal data is damaged as a result of attacks on the website and the system, or if it is in the hands of third parties, Abries jewellery immediately notifies you and the Personal Data Protection Board.
7. Changes to the Privacy/Personal Data Protection Policy and Communication Permission
Abries jewellery can make changes to this Privacy/Personal Data Protection Policy and Communication Permission at any time. These changes will become effective immediately after the amended new Privacy/Personal Data Protection Policy and Communication Permit is posted on the website “www.abriesjewellery.com/kvkk (ATTENTION kvkk page will be linked)”. You, our members, will be informed about the changes in this Privacy/Personal Data Protection Policy and Communication Permission.
8.Electronic Communication Permit
By accepting this Privacy/Personal Data Protection Policy and Communication Permission, your personal data that you have consented to be shared with us can be provided and offered to you with various advantages, and all kinds of physical and electronic communications for advertising, sales, marketing, surveys and similar purposes, and other for the purpose of sending communication messages; You consent to the collection, storage, processing, use, transfer. This personal data of yours, for the same purposes; It will be shared with all affiliates and subsidiaries of Abries jewellery and with domestic and/or foreign 3rd parties with which we have a contractual relationship (by fulfilling all legal obligations). In addition, this information is used only in order to provide the services to be provided to you flawlessly, to deliver your possible shipments in a healthy manner, to deliver our notifications on time via telephone, sms, e-mail and other electronic communication means, with which we have a contractual relationship, with us on data protection and security, legally and technically. It will be shared with third parties who have the same responsibilities and comply with the provisions of the relevant Legislation, only in case of need and to the extent necessary. Customers accept and declare that they consent to the use and storage of their personal data by Abries jewellery in this way. Abries jewellery, the said personal data, Law No. 6698 on the Protection of Personal Data, art. 12, will take all necessary measures to prevent unauthorized access and unlawful data processing.
By accepting this Personal Data Protection Policy and Communication Permission, the customer agrees that your location data, which is processed by the electronic communications operator with your express consent and shared with us in accordance with the legal relationship between us and the electronic communications operator, can provide you with various advantages and provide you with special advertisements, sales, marketing, surveys and surveys. You will consent to the processing of all kinds of electronic communication for similar purposes and sending other communication messages. If you want to withdraw your communication permission, you can forward your request to Abries jewellery at any time by the method you gave your permission (sms, e-mail, website and other methods).
INFORMATION TEXT WITHIN THE FRAMEWORK OF THE LAW ON THE PROTECTION OF PERSONAL DATA:
Our valued customers; As Abries Jewellery, we, as the data controller, will be able to record, classify, process, store, update and transfer the personal data of our customers and employees to third parties where permitted by the legislation, within the scope of the Law on the Protection of Personal Data No. 6698. With this clarification text, we inform you about our mutual rights and obligations in accordance with the provisions of the Law.
1- Your Personal Data and Purposes of Processing
Personal information belonging to you; It is collected from sources such as your visit to our website, your purchases from our stores, your shares in telephone or e-mail correspondence, and your visit to our workplace. If you purchase Abries jewellery goods or services or otherwise enter into a commercial or legal relationship, from this data; especially identification information (name, surname, TR identity number, gender, date of birth,); your contact data (e-mail address, address and telephone information, IP address), data regarding the product you have purchased within the scope of Abries jewellery’s field of activity, your visual and audio data, by Abries jewellery within the framework of the legal compliance reasons specified in the 2nd paragraph of Article 5 of the Law, It will be processed for the purpose of performance of the contract and fulfillment of legal obligations and within the scope of compulsory legitimate interests.
Again, apart from the ones mentioned above, you can benefit from our products and services offered by Abries jewellery without any problems, to improve our product and service diversity, and to provide service for you from time to time with the principle of “the best service is the best product”, through automatic systems regarding the products you purchase from Abries jewellery. Analyzing your personal product habits, preparing and presenting various reports, analyzes and studies so that you can benefit from customer services, consumer rights and other opportunities within this scope.
2-Legal Reasons for Processing Personal Data
To be able to benefit from our products and services offered by our company Abries jewellery under Abries jewellery and other brands without any problems, to improve our product range with the information received, to provide product variety according to your liking, to provide a personal marketing service about you by taking your information described above, to serve with the principle of “best product” To provide services, to analyze your personal shopping habits through automated systems and to benefit from the products you buy/interest and related customer services, consumer rights and other opportunities to be used by group companies, business partners, suppliers, service providers and/or related to them. It can be processed in cases where it is necessary or compulsory for legally legitimate interests, provided that commercial/financial/legal responsibilities are fulfilled and/or not harming your fundamental rights and freedoms.
If you do not have your previous consent and permission; We will request your consent for your personal data, which is not included in one of the reasons for compliance with the law stated above and in article 5/2 of the law, as required by law. In this case, if there is an application in our store, you will be able to give permission in the digital environment, with the same legal qualification and value, together with the written and signed permission. If you find it appropriate after evaluating the electronic communication permission text and the personal data processing policy presented to your information in the digital environment (SMS, ELECTRONIC MAIL, MOBIL PUSH NOTIFICATION and other), you can send the password, which is not known to anyone other than you, to the sales representative, if you find it appropriate. If you do, your permission/approval process will be completed. For all your requests and wishes in these matters, you can apply by calling 0212 522 86 19 or by e-mail address “kvkk@abriesjewellery.com”.
3-Sharing and Transfer of Data
Provided that adequate and effective measures are taken in accordance with the security and privacy principles set in the legislation, your personal data obtained directly from you through our stores, websites, mobile applications and provided by our company through various channels; Public institutions or organizations that are authorized to request this data due to legal obligations may share it with domestic and foreign institutions and business partners that we have contracted with due to our activities.
4-Your Rights Under the Law
As personal data owners, you can make your requests regarding your rights through the methods set out in the Abries jewellery Personal Data Protection and Processing Policy and the data owner application procedure, which are shared with the public on the internet address of www.abriesjewellery.com (based on the application procedures to the data owner) and the personal data published on the same website. Filling out the data application form or containing your mandatory information written in the application form, in writing with another document or e-mail content, or by registered e-mail (KEP) address, secure electronic signature, mobile signature or previously notified to Abries jewellery by the person concerned. and Abries jewellery, if you forward your identity to Abries jewellery using the e-mail address registered in Abries jewellery’s system or through a software or application developed for the purpose of application in a way that your identity can be confirmed, Abries jewellery will send the request as soon as possible and as soon as possible, depending on the nature of the request. It will be concluded free of charge within thirty days. However, if the transaction requires a separate cost, the fee in the tariff determined by the Personal Data Protection Board will be charged by Abries Jewellery. In this context, personal data owners;
Learning whether personal data is processed, Requesting information if personal data has been processed, Learning the purpose of processing personal data and whether they are used in accordance with its purpose, Knowing the third parties to whom personal data is transferred, in the country or abroad, Requesting correction of personal data in case of incomplete or incorrect processing and requesting that the transaction carried out within this scope be notified to the third parties to which the personal data has been transferred, to request the deletion or destruction of personal data in case the reasons requiring its processing have disappeared, although it has been processed in accordance with the provisions of the Law No. 6698 and other relevant laws, requesting a notification, Objecting to the emergence of a result against the person by analyzing the processed data exclusively through automated systems, Damage due to unlawful processing of personal data has the right to demand the compensation of the damage in case of injury. For comprehensive information about your personal data, you can review the ABRIES JEWELLERY PERSONAL DATA PROTECTION AND PROCESSING POLICY on the website www.abriesjewellery.com. * 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. It can be recorded indefinitely by the SELLER, the SELLER’s subsidiaries and third parties and/or organizations, in writing/magnetic, in order to perform the distance sales contract and other agreements established between the BUYER and the SELLER and to ensure that the technical, logistics and other similar functions of the third parties are performed on behalf of the SELLER. can be kept in archives, used, updated, shared, transferred and processed in other ways.
12.2. For the purpose of promotion, advertisement, communication, promotion, sales and marketing regarding all kinds of products and services, in accordance with the applicable legislation, Abries jewellery provides the BUYERS for credit card and membership information, transactions and applications. Commercial electronic communications can be made by calling, computer, telephone, e-mail / mail, fax, other electronic communication tools, the BUYER has accepted to send commercial electronic messages to him.
12.3. The necessary measures for the security of the information and transactions entered by the BUYER on the Website have been taken in the system infrastructure of the SELLER, 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 measures, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated persons.
12.4. The BUYER can reach the SELLER through the specified communication channels and request data usage-processing and/or communication to be stopped at any time. 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, except those that are legally required and/or possible, are deleted from the data recording system or anonymized in an anonymous way. If the BUYER wishes, the transactions related to the processing of his personal data, the persons to whom it is transferred, the correction in case of incomplete or incorrect, the corrected information notify the relevant third parties.
12.5. Regarding all kinds of information and content of the Internet Site and their arrangement, revision and partial/complete use; Except for those belonging to other third parties according to the SELLER’s agreement; all intellectual and industrial rights and property rights Abries jewellery – Kocabay Kuyumculuk LTD. It belongs to ŞTİ.
12.6. On other sites accessed from the Internet Site, their own privacy-security policies and terms of use are valid, and the SELLER is not responsible for any conflicts or negative consequences that may arise.
12.7. In the event that the BUYER uses the right of withdrawal for this order, the amount due to the right of withdrawal will be refunded in the same way by whichever way the BUYER has paid the product price.
13. RIGHT OF WITHDRAWAL
13.1. BUYER; In distance contracts related to the sale of goods, the Company may exercise its right of withdrawal from the Contract by refusing the goods without giving any reason and without paying any penalty within 14 (fourteen) days from the date of delivery of the product to itself or to the person/organization at the address indicated. The buyer can use the right of withdrawal within the period from the conclusion of the contract until the delivery of the goods. The BUYER must have sent the notification regarding the use of the right of withdrawal to the SELLER within this period. Before accepting the distance contract or any corresponding offer, the BUYER is clearly and understandably informed by the SELLER that it will be under a payment obligation if the details are specified in the regulation and if it approves the order, and the BUYER accepts in advance that it has been informed. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER.
13.2. In order to exercise the right of withdrawal, the BUYER may use the right of withdrawal by giving a written notification to the above-mentioned address of the SELLER by registered mail, fax or e-mail with return receipt to the SELLER within 14 (fourteen) days, if he/she wishes, within a period of 14 (fourteen) days. In order to use the right of withdrawal, the product must not have been used within the scope of the provisions of “Products for which the Right of Withdrawal cannot be exercised” within the scope of Article 14. If this right is exercised,
a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total cost, if any, to the BUYER at once, including the delivery costs, within 14 days at the latest from the receipt of the withdrawal notice. From the exercise of the right of withdrawal, the BUYER must also return the product in question to the seller within 10 days.
e) If there is a decrease in the value of the goods due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of the BUYER’s fault.
f) In case of falling below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.
In cases where the BUYER uses his right of withdrawal, or the product subject to the order cannot be supplied for various reasons, or in cases where it is decided to refund the BUYER with the decisions of the arbitral tribunal, if the shopping is made with a credit card and in installments, the procedure for returning to the credit card is stated below: If it is received in installments, the Bank makes its repayment to the BUYER in installments. After the SELLER has paid the entire product price to the bank at once, in case the installment expenditures made from the Bank’s POS are returned to the BUYER’s credit card, the requested refund amounts are transferred by the Bank to the bearer’s accounts in installments so that the parties involved do not become victims. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the card’s account cut-off dates do not coincide, 1 (one) refund will be reflected on the card each month, and the BUYER will pay the installments before the return, after the end of the installments of the sale, for another month equal to the number of installments he has paid before the return. receivables and will be deducted from existing debts.
g) The period of the right of withdrawal, the day the contract is established in contracts for service performance; 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; For goods that are subject to a single order and delivered separately, the day when the consumer or the third party determined by the consumer receives the final product, For the goods consisting of more than one piece, the day when the consumer or the third party determined by the consumer receives the last piece, The regular delivery of the goods is made for a certain period of time. In contracts, the day on which the consumer or the third party determined by the consumer receives the first goods is taken as a basis. The delivery of the goods by the seller to the carrier is not considered as delivery to the consumer. In the 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.
14. PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
It must be unused and resold by the SELLER within the framework of the provisions of Article 15 titled “exceptions to the right of withdrawal” of the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014 and the provisions of Article 6 of the distance sales contract approved electronically between the Parties. (However, the Consumer is not responsible for the changes and deteriorations that occur if he/she uses the goods in accordance with the operation, technical specifications and usage instructions within the withdrawal period.)
The BUYER will not be able to use the right of withdrawal in the following contracts:
a) 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.
b) Contracts for goods prepared in line with the consumer’s wishes or personal needs
c) Contracts for the delivery of perishable or expired goods
ç) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts for books, digital content and computer consumables offered in material environment, if protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.
f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription contract.
g) Contracts for accommodation, transportation of goods, car rental, catering and leisure time for entertainment or recreation, which must be made on a certain date or period.
ğ) Contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the BUYER.
h) Contracts regarding the services that are started to be performed with the approval of the BUYER, before the expiry of the right of withdrawal.
Goods/Services subject to the contract, which are excluded from the scope of application of the Regulation on Distance Contracts (food, beverages or other daily consumption items delivered to the BUYER’s residence with the regular deliveries of the SELLER, and services in areas such as travel, accommodation, restaurant, entertainment sector. ) In the case of goods/service types, the right of withdrawal cannot be exercised because the provisions of the Distance Contracts Regulation cannot be applied to the legal relationship between the BUYER and the SELLER.
15. DISPUTE RESOLUTION AND ALTERNATIVE REMEDIES
15.1. In the implementation of this Distance Sales Agreement, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchases the Goods or Services and where the residence is located, are authorized up to the value announced by the Ministry of Commerce. In cases where the Consumer Courts are authorized and in charge as a monetary limit, it is obligatory to apply to a mediator and is a condition of litigation.
District/provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in paragraph 1 of Article 68 of the Law No. 15.2.6502 on the Protection of Consumers.
16. CASE OF DEFERRED AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that in case of default in the transactions made with the credit card, the cardholder bank will pay interest within the framework of the credit card agreement with him and will be liable to the bank. In this case, the relevant bank may take legal action; may claim the costs and attorney’s fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
17. EVIDENCE AGREEMENT AND AUTHORIZED COURT
SELLER records (including records in magnetic media such as computer-sound recordings) constitute conclusive evidence in resolving any disputes that may arise from this Agreement and/or its implementation. The parties have accepted that the Consumer Courts of the BUYER and the SELLER will be authorized in cases exceeding the district/provincial Consumer Arbitration Committees in the place of residence of the BUYER and SELLER, within the monetary limits determined within the framework of the legislation, in disputes arising from the implementation and interpretation of the Contract.
18. LIABILITY FOR DAMAGES
The SELLER is responsible for the loss and damage that occurs until the goods are delivered to the consumer or a third party to be determined by the consumer other than the carrier. In the event that the BUYER requests the goods to be sent with another carrier other than the carrier determined by the seller, the SELLER is not responsible for any loss or damage that may occur after the delivery of the goods to the relevant carrier.
19. EFFECTIVENESS
In the event that the payment for the order placed on the site is realized, the BUYER shall be deemed to have accepted all the terms of this Agreement. The SELLER has made these arrangements as it is responsible for making the software arrangements that will ensure that orders cannot be placed on the site without the confirmation that the said Agreement has been read and accepted by the BUYER.
SELLER INFORMATION: Abries jewellery – Kocabay Kuyumculuk LTD. STI
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