Sales Agreement

ARTICLE 1. PARTIES

Salesperson:
GILYA PIRLANTA INDUSTRY AND TRADE LIMITED COMPANY
HOBYAR MAHALLESİ.ANKARA CADDESİ.NO 23/A FATİH/ İSTANBUL Tax Office: HOCAPAŞA TIN: 3952061057
Tel: 0212 519 92 02
From now on, it is referred to as “SELLER”.

Consumer:
Name:
Address:
Telephone:
E-mail address:

Hereinafter referred to as “BUYER”.

ARTICLE 2. SUBJECT

The subject of this contract is numbered 6502, regarding the sale and delivery of the product/products, which have the qualifications mentioned in the contract and whose sales price is specified in the contract, which the BUYER ordered electronically from the SELLER’s website named www.gilyadiamond.com. It is to determine the rights and obligations of the parties by the provisions of the Law on Consumer Protection and the Regulation on Distance Contracts Implementation Principles and Procedures.

ARTICLE 3. DESCRIPTION AND TYPE OF THE PRODUCT SUBJECT TO THE CONTRACT

The product(s) subject to this contract are all kinds of products sold and delivered by the SELLER through the website www.gilyadiamond.com. Type and type of the product, Quantity, Brand/Model, Color and sales price including all taxes are as stated in the information on the product introduction page on the website www.gilyadiamond.com and as stated in the invoice which is considered an integral part of this contract.
BUYER, basic characteristics of the product(s) subject to sale, sales price, payment method, delivery conditions, etc. He declares and accepts in accordance with the provisions of this contract that he is aware of all preliminary information regarding the product(s) subject to sale and the right of “withdrawal”, that he confirms this preliminary information electronically and then orders the product. “Preliminary information form” and “Invoice” are integral parts of this contract. Once the order is placed, the BUYER is deemed to have accepted all the conditions of this contract.

ARTICLE 4. CONTRACT PRODUCT AND DELIVERY INFORMATION

The type and type, quantity, brand/model, color, sales price and delivery information of the products are as follows.

Product name:
Product code:
Quantity of the product:
Price of the product including VAT:

Delivery transportation price: Free
Payment method:
Billing address:
Title on Invoice:

Delivery address:
To whom it will be delivered:

ARTICLE 5. GENERAL PROVISIONS

5.1. These two copies of the contract, previously signed by the SELLER, have been approved by the BUYER on the order confirmation date and, for sales made electronically, signed and accepted electronically. The processing date of the order to be paid by Money Order/EFT by the BUYER is not the date the order is placed, but the date on which the payment made by the BUYER is reflected in the SELLER’s account.

5.2. People under the age of 18 cannot shop through www.gilyadiamond.com. By confirming this agreement electronically, the consumer confirms that he is over 18 years of age.

5.3. BUYER certifies that the basic characteristics of the product(s) subject to the contract specified in the website www.gilyadiamond.com and in Article 4 of this contract, the sales price including all taxes and the payment method, and the delivery and delivery costs will be covered by the BUYER, the period in which the delivery will be carried out, the SELLER. He declares and accepts that he is aware of all preliminary information regarding NIN’s full commercial title, full address and contact information, and that he provides the necessary confirmation of this preliminary information electronically in sales made electronically. BUYER declares and accepts that he has read and understood all the information specified in Article 4 and has given the necessary approval for the purchase of this product/products.

5.4. By confirming this contract electronically, the BUYER shall, before the conclusion of distance contracts, specify the features of the ordered product/products that must be given to the consumer by the SELLER, the sales price of the products including all taxes, the SELLER’s full address, commercial title and contact information, payment method and The BUYER will confirm that the delivery and delivery costs will be covered by the BUYER and that he/she has obtained the information regarding the amount completely and accurately.

5.5. The seller is obliged to deliver the product(s) subject to the contract by the qualifications specified in the order, intact and complete, and with warranty documents and user manuals. The warranty documents and warranty periods of the product/products are as long as the periods determined by the brands of the product/products. Review procedures are carried out by the brands within these periods. Brands reject inspections for product(s) whose warranty has expired.

5.6. If the BUYER wishes to make payment via Money Order/EFT, he/she must pay the price for the product(s) to be purchased to the SELLER’s account within 1 week from the order and confirm that the payment has been made in the relevant section of the website www.gilyadiamond.com “Money Transfer”. A notification should be made to the website operator by clicking the “/EFT I made” button. Otherwise, the BUYER’S order will be canceled.

5.7. If the BUYER makes purchases by credit card and in installments, the payment he/she chooses from the website

The opposite form is valid. In installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the provisions of the contract between the bank and the BUYER. BUYER can also follow the number of installments and payments from the account statement sent by the bank.

5.8.The product(s) subject to the contract ordered by the BUYER from the website shall be delivered to the BUYER or the BUYER within the period explained in the preliminary information on the website and depending on the distance of the BUYER’s residence for each product ordered, not exceeding 30 days. It will be delivered to the person/organization at the address indicated. This period can be extended for a maximum of 10 days, provided that the BUYER is notified in writing. Even if the BUYER is not present at the address at the time of delivery, the SELLER will be deemed to have fulfilled its obligation fully and completely. For this reason, the BUYER will bear any damages arising from the BUYER’s late delivery of the product and the expenses incurred due to the product being kept in the cargo company and/or returning the cargo to the SELLER.

5.9.If the product/products subject to the contract will 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.

5.10. Delivery costs of the product(s) subject to the contract will be paid by the BUYER and will be reflected in the invoice for the BUYER’s order as “Delivery Fee”. If the SELLER has declared on the website that the delivery fee will be covered by the SELLER in case of shopping for the specified product/products within the specified date period and/or over the determined total shopping amount, the delivery cost will be borne by the SELLER within the specified conditions.

5.11. Delivery; It is done as soon as possible after the stock status is available and the price of the goods is transferred to the SELLER’s account. For the product(s) to be delivered, the Preliminary Information Form must be confirmed electronically, a signed copy of this contract must be delivered to the SELLER and the price of the product(s) must be paid. If the product price is not paid for any reason or is canceled in bank records, the Seller is deemed to be free from the obligation to deliver the product(s). BUYER is responsible for paying the transportation cost.

5.12. The SELLER cannot be held responsible for the cargo company that will deliver the product(s) subject to the contract to the BUYER, not being able to deliver the product/products on time and/or not being able to deliver at all due to any problems experienced with the delivery of the product/products.

5.13. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his express approval before the contractual performance obligation expires.

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

5.15. If the SELLER thinks that the performance of the product(s) has become impossible, if the product/products subject to the contract cannot be delivered to the BUYER within due time due to force majeure and extraordinary circumstances that prevent transportation by the SELLER and/or the product is not in stock or cannot be supplied, and/or the consumer is paid a fee by the decisions of the Consumer Arbitration Committee. If a refund is decided, the SELLER will notify the BUYER of the situation. BUYER declares and accepts that SELLER has no responsibility in this context and may exercise one of his rights to cancel the order or postpone the delivery period until the hindering situation disappears. If the BUYER cancels the order and the price of the product(s) has been paid, the paid price and documents, if any, will be paid to him/her within 10 (ten) days. (For installment purchases made by credit card, the above procedure for refund to the credit card is accepted by the BUYER.)

5.16. 5.15 of this agreement. In cases listed in the article and/or if the BUYER requests the cancellation of the order, the price paid to the SELLER will be refunded in full within 7 days. If the BUYER has paid by credit card, the product amount will be returned to the bank within the same period. The BUYER accepts that the reflection of this amount to the BUYER’s account is a bank transaction and that it may take approximately 2 to 3 weeks for the amount returned to the credit card by the SELLER to be reflected in the BUYER’s account by the bank, and the SELLER cannot be held responsible in this regard. If the consumer purchased the product(s) by credit card and in installments, the Bank repays the customer in the same number of installments. After the SELLER pays the entire product price to the bank at once, in case the installment expenditures made from the bank POS are refunded to the BUYER’s credit card,

To prevent the parties involved in the matter from being victimized, the requested refund amounts are transferred by the Bank to the holder party accounts in installments. If the installment amounts paid by the BUYER until the cancellation of the sale do not coincide with the refund date and the account cut-off dates of the card, 1 refund will be reflected on the card every month and the customer will receive the installments he paid before the refund for an additional month equal to the number of installments he paid before the refund after the installments of the sale are completed and will be deducted from his current debts. It will happen. In case of returning the product(s) purchased by credit card, the SELLER cannot pay the BUYER with cash by the contract made with the Bank. In case of a return transaction, the member business, that is, the SELLER, will make the refund through the relevant software, and since the member business, that is, the SELLER, is obliged to pay the relevant amount to the Bank in cash or on account, no cash payment can be made to the BUYER following the procedure we have explained above. The refund to the credit card will be made by the Bank following the above procedure after the SELLER pays the amount to the Bank in one lump sum. If the BUYER has made the payment by Money Order/EFT, the refund will be made to the bank account specified by the BUYER (it must be in the name of the person in charge of the account or the name of the user member) by money order/EFT. The Buyer acknowledges and undertakes that he has read and accepted this procedure.

5.17. The BUYER will inspect the product(s) subject to the contract before receiving them for dents, breaks, torn packaging, etc. Damaged and defective product(s) will not be received from the cargo company. The product(s) received by the BUYER without a report from the Cargo company will be deemed to be undamaged and intact. The BUYER must carefully protect the product(s) after delivery.

5.18. Situations that did not exist or could not have been foreseen at the time this contract was signed, occurred without the fault of either party and prevented the parties from fulfilling their obligations imposed on them within the scope of this contract or from fulfilling them on time, such as state of war, natural disasters, strike, lockout, Circumstances that prevent the import of product(s), strikes, lockouts, etc. within the scope of legislation changes will be considered as force majeure. The party exposed to force majeure will immediately inform the other party in writing and will not be held responsible for not fulfilling its obligations under this agreement as long as the force majeure continues. If the force majeure situation continues for more than 30 days, each party will have the right to unilaterally terminate the contract.

5.19.It is possible that the product(s) offered for sale through the website may not be in stock. The product/products are produced if deemed necessary. If it is not possible to produce the product(s) ordered by the BUYER and not in stock for some reasons, this situation will be notified to the BUYER by the SELLER via e-mail or telephone, and the entire price paid by the BUYER for the product(s) will be paid by credit card for the order. If it is made via money transfer/EFT, it will be made to the credit card; if it is made via wire transfer/EFT, it will be made to the relevant bank account.

5.20. If the product(s) purchased by the BUYER via the website malfunctions within the warranty period, the necessary repair will be carried out by the authorized service by sending the product/products together with the invoice, with the shipping fee covered by the BUYER. Fault investigation procedures will be carried out by the brand fault examination units of the product(s) purchased and the decision will be made. Fault investigation processes take at least 21 business days (1 month), and may take up to 30 business days depending on the intensity of the fault investigation unit. After the decision made by the malfunction investigation units is delivered to the SELLER, the BUYER will be contacted and if the product(s) are deemed to be defective, the BUYER will make a choice and the same product as the defective product or another product will be supplied. If there is a price difference between the product selected by the BUYER and the defective product, the SELLER will not refund the difference for cheaper products, but if a more expensive product is selected, a price difference will be requested from the BUYER. Malfunction inspection is not carried out on the product(s) sent by the BUYER without an invoice.

5.21. The parties agree that the SELLER’s records containing the BUYER’s statement (these records will be phone calls, internet records, etc.) will be considered binding evidence for the parties.

ARTICLE 6. RIGHT OF WITHDRAWAL

6.1.The Consumer (BUYER) has the right to withdraw from the contract within 14 (fourteen) days without giving any reason and without paying any penalty.
In order to exercise the right of withdrawal, the SELLER must be notified within the same period via fax, e-mail or customer service telephone numbers stated on the website, and the product/products must be processed within the framework of the provisions of Article 7 and within the framework of the terms of article 7, which is an integral part of this contract and is called www.gilyadiamond.com.

By the preliminary information published on the website, it must be unused and reusable by the SELLER. If this right is exercised, it is mandatory to return the Cargo Delivery Report stating that the product(s) delivered to the third party or the BUYER was sent to the SELLER and the original invoice for the product(s). The product(s) must be returned undamaged and complete, including its box, packaging, and accessories. The price of the product(s) will be refunded to the BUYER within 10 (ten) days following the notification regarding the right of withdrawal. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the BUYER. If the value of the goods decreases or its return becomes impossible due to the BUYER’s fault, the BUYER is obliged to replace the SELLER’s losses in proportion to the fault. The SELLER cannot be held responsible for any problems on the bank’s part in the refund of the product price. If the product(s) returned due to the right of withdrawal are sent by the BUYER through the contracted cargo company, ARAi Cargo (in case the contracted cargo company changes, the necessary notification will be made through the website), the delivery fee will be covered by the SELLER. If the BUYER sends the product(s) via another cargo company, the delivery cost will be covered by the BUYER, and the SELLER has no obligation to receive the product(s) sent by the BUYER with a counterpayment in this way. If the product(s) are sent by a cargo company other than ARAS Cargo, which is the contracted cargo company, the BUYER will not be able to make any claims from the SELLER and will be liable to compensate the SELLER for any damages that have arisen/will arise due to this reason. If the product/products are not returned as described and with the documents, the refund will not be possible and the product(s) will be sent back to the BUYER in the same condition as it was sent to the SELLER and with a counter payment. SELLER will not have any liability in this case.

ARTICLE 7 – GOODS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CAN NOT BE EXERCISED

By its nature; Returns of products such as disposable products, products that deteriorate rapidly and are likely to expire, and all kinds of copyable software and programs are not accepted. In addition, the right of withdrawal is granted for all kinds of software and programs, DVD, DIVX, VCD, CD, MD, video cassettes, computer and stationery consumables (toner, cartridge, ribbon, etc.), all kinds of cosmetics, underwear products, all kinds of personal care products. The products must be unopened, intact, untested, and unused to be used. The consumer cannot exercise his right of withdrawal for goods produced following the consumer’s special wishes and demands or personalized by making changes or additions.

ARTICLE 8 – DEFAULT AND LEGAL CONSEQUENCES

If the BUYER defaults on his credit card transactions, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action; may demand the expenses and attorney’s fees incurred from the BUYER, and under any circumstances, in case of default due to the BUYER’s debt, the BUYER agrees to pay the SELLER’s losses and damages arising from the delayed performance of the debt.

ARTICLE 9 – COMPETENT COURT

In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the place of residence of the Consumer or Seller are authorized up to the value declared by the Ministry of Industry and Trade.

If the order is placed, the Consumer is deemed to have accepted all the terms of this agreement.

SALESPERSON:
GILYA PIRLANTA INDUSTRY AND TRADE LIMITED COMPANY
BUYER:
Date: