Legal notice
DISTANCE SALES CONTRACT
DISTANCE SALES CONTRACT
1.PARTIES
A. SELLER :
Title : GRIFFART
Address : 19 MAYIS MAH. ŞAKACI SOK. EREN NO: 71 İÇ KAPI NO: 8 KADIKÖY, İSTANBUL
Telephone :
Internet address : www.griffartdesign.com
1. BUYER :
Name/Surname/Title : Users and subscribers who purchase products through
Site Address : Address to be notified by the buyer
Telephone : Phone number to be notified by the buyer
E-mail : E-mail address to be notified by the buyer
2. SUBJECT OF THE CONTRACT
The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts in relation to the sale and delivery of the product that the BUYER ordered electronically from the SELLER's website www.griffartdesign.com, which has the qualifications mentioned in the contract and the sales price.
The buyer, the seller's name, title, open address, telephone and other access information, the basic qualities of the goods subject to sale, the sales price including taxes, payment method, delivery conditions and costs, etc. all preliminary information about the goods subject to sale and the use of the right of "withdrawal" and how to exercise this right, etc. It accepts and declares that it is informed by the seller in a clear, understandable and internet environment, confirms this preliminary information electronically and then orders the goods in accordance with the provisions of this contract.
3. PRODUCT SUBJECT TO THE CONTRACT, PRODUCT PRICE AND PAYMENT METHOD
The type and type, quantity, brand / model, color, sales price and delivery information of the product subject to the contract are given below and this information will also be written on the invoice, which is considered an integral part of the contract. The buyer is not responsible for price and content errors caused by typesetting and system errors. Seller reserves the right to cancel orders with incorrect price displayed on www.besignjewellery.com.
Product Name : Separate information will be written for each product.
Product Code : Separate information will be written for each product.
MOQ of the Product : Separate information will be written for each product.
Weight of the Product : Separate information will be written for each product.
Price of the product including VAT: Separate information will be written for each product.
Payment Method : Separate information will be written for each product.
Invoice Address : Separate information will be written for each product.
Name/Title of the Buyer on the Invoice: Separate information will be written for each product.
4. GENERAL PROVISIONS
1. The BUYER declares that he / she has read and informed the preliminary information about the basic qualities, sales price and payment method and delivery of the product subject to the contract on the website and that he / she has given the necessary confirmation electronically. The product subject to the Contract ordered by the BUYER from the website is delivered to the BUYER or the person specified by the BUYER in the order by hand to the BUYER or the person specified by the BUYER in the order at the delivery address written above by cargo according to the stock status, not exceeding 14 days for each product ordered, depending on the distance of the delivery address specified by the BUYER.
1. The SELLER cannot be held responsible for the inability of the cargo company to deliver the product on time and / or not to deliver it at all due to any problems experienced by the cargo company, due to the absence of the BUYER at the address at the time of delivery, or if the products will be delivered to someone other than the BUYER, the SELLER cannot be held responsible for the failure of the delivery due to the non-acceptance of the person to be delivered. All kinds of damages arising from the late receipt of the product by the BUYER and the expenses incurred due to the product waiting in the cargo company and / or the return of the cargo to the SELLER will belong to the BUYER.
1. The BUYER will inspect the product subject to the contract before receiving the product, dents, broken, torn packaging, etc. will not receive the damaged and defective product from the cargo company. The product received by the BUYER from the Cargo company without a report will be accepted as undamaged and intact.
1. The SELLER accepts, declares and undertakes to deliver the product subject to the Contract in full, in accordance with the qualifications specified in the order and, if any, with warranty documents, user manuals, information and documents required by the work, to perform the work within the principles of accuracy and honesty, to maintain and improve the quality of service, to show the necessary attention and care during the performance of the work, to act with caution and foresight.
1. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the Product subject to the Contract, and if for any reason the price of the product subject to the Contract is not paid and / or canceled in the records of the bank, financial institution, the SELLER's obligation to deliver the product subject to the contract will end. For any reason, the BUYER accepts, declares and undertakes that the SELLER does not have any responsibility for the payments made by the bank and / or financial institution to the SELLER for the payments made by the bank and / or financial institution to the SELLER.
1. In the event that the price of the product subject to the Contract is not paid to the SELLER by the relevant bank or financial institution as a result of the unfair use of the credit card belonging to the BUYER by unauthorized persons after the delivery of the Product subject to the Contract to the BUYER or the person and / or organization at the address indicated by the BUYER, the BUYER shall return the product subject to the Contract to the SELLER within 3 days, with the shipping costs belonging to the SELLER.
1. The BUYER declares and undertakes that the personal and other information provided by the SELLER while becoming a member of the SELLER's website is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the untruthfulness of this information immediately, in cash and in full upon the first notification of the SELLER.
2. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and penal obligations that may arise shall be fully and exclusively binding on the BUYER.
1. The BUYER who violates one or more of the articles listed in this Agreement shall be criminally and legally responsible for this violation and shall hold the SELLER free from the legal and criminal consequences of these violations. In addition; due to this violation, if the incident is transferred to the legal field, the SELLER reserves the right to claim compensation against the BUYER for non-compliance with the Agreement.
5. RIGHT OF WITHDRAWAL, RETURN AND REFUND POLICY
1. The BUYER may exercise his/her right of withdrawal within 14 days from the delivery of the product subject to the contract to himself/herself or to the person/organization at the address indicated by him/her, without any justification and without paying any penalty. For returns within 14 days, your refund will be made in full and without interruption.
1. The notice of withdrawal can be notified to the SELLER by e-mail or permanent data storage device notified on the website within the withdrawal period. If the BUYER is given the opportunity to notify the BUYER of the right of withdrawal via the website, the SELLER must immediately send the BUYER the confirmation that the withdrawal request has reached him.
1. However, campaign and discounted products cannot be returned or exchanged.
1. In case the right of withdrawal is exercised; The BUYER is obliged to send the product, the product invoice and the cargo delivery record to the SELLER within ten (10) days from the date of the notification of the right of withdrawal. The product to be returned must be unused, the product itself, its packaging and box must not be damaged, the label and the protection bands on it must not be removed, and it must be reusable by the SELLER. If the BUYER uses the product in accordance with its functioning, technical specifications and instructions for use within the withdrawal period, it will not be responsible for the changes and deterioration that occur. In order for the products to be eligible for return, they must be in the same condition as when received.
1. If it is determined that the product is returned in accordance with the terms of the contract at the end of the examination to be made when the product for which the right of withdrawal is used arrives at the SELLER, the product price is returned to the BUYER within 10 (ten) days. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the BUYER. The SELLER cannot be held responsible for the problems on the bank side in the return of the product price. If the BUYER has purchased the product by credit card and in installments, the return of the product price to the BUYER by the bank takes place in accordance with the BUYER's agreement with the bank.
1. The BUYER can start the return process by sending an e-mail to grifart@gmail.com. After the return process is checked and approved by the SELLER, the BUYER will be contacted for details about the process.
1. If the product for which the right of withdrawal is used is sent by the contracted company YURTİÇİ KARGO, the delivery cost is covered by the SELLER. If the product is sent by another cargo or by any other means, the delivery cost will be covered by the BUYER, and the SELLER is not obliged to receive the product sent with counter payment. In addition; The SELLER will not have any responsibility for the products that are not sent with the contracted cargo company, and the BUYER will be obliged to cover the damage that the SELLER will suffer because of this.
1. If the product is not returned as described in the contract and with the relevant documents, the SELLER will not accept the product and will send it back to the BUYER with counter payment.
1. It is not possible to return products that can be personalized and purchased within the special campaign. After receiving the returned product, you will be returned to you regarding the approval status of the return after the necessary examinations.
1. The return of disposable products, products produced in accordance with the special requests and demands of the BUYER or products that are personalized by making changes or additions on them are not accepted. Therefore, the right of withdrawal cannot be used for such products.
6. COMPLAINT NOTIFICATION
1. The BUYER may communicate his/her complaints regarding his/her order, the product subject to the order and / or the contract to the SELLER through the contact information specified above. The complaint applications will be recorded, evaluated by the authorized units and tried to be resolved and will be returned as soon as possible.
7. FORCE MAJEURE
1. Situations such as state of war, natural disasters, strikes, lockouts, legislative changes that prevent the parties from partially or completely fulfilling their obligations under the contract will be accepted as force majeure. The party subject to force majeure shall immediately inform the other party in writing and shall not be held responsible for not fulfilling its obligations under the contract as long as the force majeure continues. If the force majeure continues for more than 30 days, each party has the right to terminate the contract.
8. NOTIFICATION AND NOTIFICATION ADDRESS
1. All kinds of notifications to be made to the BUYER regarding this contract will be made to the BUYER's e-mail address written in the contract. Electronic mails from addresses other than the electronic mail address of the BUYER written in this contract are not taken into consideration by the SELLER.
TERMS OF SERVICE
CONDITIONS OF USE
All rights of www.griffartdesign.com website belongs to AYLIN KURPINAR (GRIFFART) and this document has been prepared to inform users about the terms of use. GRIFFART reserves the right to change and re-publish the Terms of Use at any time.
Please read the following conditions before using the website. By visiting this website, the Buyer (hereinafter referred to as the USER) shall be deemed to have read and accepted the provisions of these Terms of Use.
1. The legal and criminal responsibility for every transaction and action of the User within the website belongs to him. The user shall use the website in accordance with all national and international legislation in force, rules and laws regarding the use of the internet; It accepts, declares and undertakes that it will not use it for any illegal, fraudulent or improper reason, will not participate in such an act, and will not act in violation of this agreement.
1. The user shall not interfere with the operation of the website or its suppliers' sites, goods or services, content, software, encryption system and data in any way that will damage, prevent access, overload or damage the website or its suppliers.
1. The user may not use the applications or services on the website in a way that prevents other users from benefiting from them.
1. All information and content shared by the user through the website is the sole property of the user and all responsibility for this information belongs to that person.
1. The user accepts, declares and undertakes to receive our services in accordance with the instructions and information specified on our website, that he / she has read and understood these instructions, that he / she will not make any compensation claim or any other claim from GRIFFART in case he / she does not comply with these instructions or cannot receive the service due to reasons arising from the software and hardware he / she is using.
1. GRIFFART is not obliged and responsible for investigating the accuracy of the information and content uploaded, modified and provided by the user to the website, and for undertaking and guaranteeing that this information and content is safe, accurate and lawful.
1. In any publications, comments or posts shared in forums using the www.griffartdesign.com internet address; any application that contains hateful, threatening, pornographic content, obscene images or violence, alcohol or adult content (including advertisements) cannot be developed and/or installed and/or run. This website may not be used for any illegal, misleading, malicious or discriminatory purpose.
1. In your comments that you will publish on the www.griffartdesign.com website; slander, defamation, defamatory and illegal content or sentences cannot be used. Comments that are against general morality, offend personal rights, humiliate third parties with expressions that exceed the limit of criticism; comments containing swearing, obscene words and racist expressions cannot be used. Comments that disclose the personal information, identity, phone number, e-mail address, etc. of other users cannot be made.
1. www.griffartdesign.com website and all kinds of content provided with the website are for personal use only. All rights of the website arising from the Law on Intellectual and Artistic Works and related legislation belong to GRIFFART. All software, text, article, article, photograph, picture, document, sound, sign, video and similar works contained in the content of the website are protected within the framework of the legislation on intellectual products. None of the content on the website can be used without the written permission of GRIFFART. These contents cannot be copied in any way and with any technology for any purpose; cannot be reproduced, modified, developed, used and distributed without notice and permission.
1. GRIFFART reserves the right to change the information, forms, contents, terms of use contained or to be contained on this website at any time, without prior notice.
1. GRIFFART, Terms of Use, which is an integral part of the "Membership Agreement" made with our members who will benefit from its services, is made available to all users on our website.
1. For other questions regarding the Terms of Use, you can contact us at grifart@gmail.com e-mail address.
A. SHIPPING TIME
1. We make our shipments from our office in Istanbul, from our warehouse or from all relevant dealers within the borders of Turkey, depending on variable conditions.
2. Orders are delivered to cargo within 7 business days.
B.STOCK INFORMATION
1. Products with an active "Buy" button are in stock or available for supply. In rare cases of stock problems, you will be notified by contacting you via your contact phone or e-mail. Please fill in your personal information completely so that we can contact you.
C. ORDER CANCELLATION PROCESS
1. GRIFFART reserves the right to cancel the sale in case of unavailability of the products it does not keep in stock.
2. If this situation occurs for some products in the basket; account information will be obtained from the customer and the difference will be refunded within 7 business days following the receipt of the information.
3. If the payment was made by credit card, the refund will be made to the credit card. GRIFFART cannot be held responsible for any delay that may arise from bank transactions.
4. In general, refunds are reflected on credit cards within 3-10 days due to offsetting between banks. GRIFFART is not responsible for any problems that may arise as a result of disruptions caused by the bank.
D. CORRECT DELIVERY ADDRESS
1. In order for your order to reach you as quickly as possible, please write your address information as clearly as possible. For security reasons, we do not make deliveries with notice from the cargo. Due to incorrect address information, additional shipping costs may be charged for the return and resending of the shipment.
E. FAULTY ORDERS AND DAMAGED CARGO
1. Open the package you received from the cargo in the presence of the cargo officer and check your order. If you see any inaccuracies or deficiencies, please contact us immediately.
2. Do not take delivery of faulty or problematic cargo or product. Within 2 hours after receiving your cargo, we will take the necessary action for the damaged products you have reported to us.
3. Open the package you received from the cargo with the cargo officer and check your order. If there is a problem with your product during transportation, have the cargo officer keep a "damage assessment report" and return it.
10.PRIVACY STATEMENT
This Privacy Statement applies to the processing of personal information of consumers, customers, suppliers, dealers, visitors and business partners ("Data Subjects") by www.griffartdesign.com located at the tax address 19 MAYIS MAH. ŞAKACI SOK. EREN NO: 71 INTERIOR DOOR NO: 8 KADIKÖY/ İSTANBUL. This Privacy Statement does not apply to business-related information and/or information about legal entities.
Personal information of the BUYER will be processed when the BUYER does business with the SELLER, uses the website or interacts with the SELLER.
1. Since the parties have entered into a commercial relationship and will exchange information in writing or verbally for the purposes of the business relationship they have established, they have agreed to sign this confidentiality agreement.
DEFINITION OF CONFIDENTIAL INFORMATION
Any information, invention, invention, work, method, progress, patent, copyright, trademark, any other innovation, even if not subject to commercial protection, and all commercial financial technical information, subscriptions, subscription information and conversation information that the parties will learn orally or in writing during the commercial relationship between them shall be considered confidential information.
1. The parties shall disclose confidential information to each other to the extent required by the relationship. Each party represents and warrants that it cannot be held liable for any incomplete or inaccurate information disclosed to it by the other party.
2. The parties declare and undertake to protect this information in the strictest confidence. This information may not be used outside the direct commercial relationship
1. Publicly available information and information required to be disclosed by law are not included in this limitation. Disclosure of such information shall not be problematic.
1. Each party has the exclusive right to confidential information concerning itself.
1. Each party is obliged to immediately notify the other party in writing if it becomes aware that confidential information belonging to the other party has been disclosed in violation of the agreement by persons for whom it is responsible.
1. The party who has disclosed confidential information in breach of the contract shall be liable to compensate the other party for all damages arising therefrom.
1. In the interpretation of this contract and in all disputes arising out of this contract, Istanbul Courts are authorized and Turkish Law shall apply.
1. If any of the articles of this contract is canceled or deemed invalid, this does not affect the other articles of the contract.
11. PROTECTION OF PERSONAL INFORMATION
1. In order to respond to the requested product and service offers, to manage these orders in case these offers turn into orders, to perform the contracts we are a party to, to serve the user, to enter into commercial relations, to carry out accounting transactions including invoicing and collection, to deliver orders to the BUYER (USER), to complete customs clearance procedures, to manage the guarantees we offer and submitted by you and to carry out the audits carried out at the workplace,
1. Personal information is processed as necessary to respond to the user's offer requests, to provide products and services, these services cannot be provided and the contract cannot be executed without providing the necessary information.
1. USER (BUYER); address and e-mail address, name and surname, T.C. identification number, job title, telephone number, information contained in your contract, debit - credit, collection and payment, bank account number and details of correspondence with the SELLER are processed.
1. Name, surname, job title, address and e-mail address, payment information, order history and correspondence with the SELLER are processed.
1. For the execution of business processes and internal administration Personal data is processed in the execution and organization of business, in particular in processes related to the production of your orders. This includes general administration, order management and asset management. The SELLER also processes the personal information of the USER (BUYER) for internal management purposes.
12. STORAGE PERIOD OF PERSONAL INFORMATION
1. a. a.The SELLER retains the personal information of Data Subjects only for as long as necessary to fulfill the relevant transaction, to the extent reasonably necessary to fulfill a legal criterion, or within an applicable statute of limitations.
2. Immediately after the relevant retention period has expired, the Information
will be securely deleted or destroyed, anonymized, archived.
13. RIGHT OF ACCESS TO PERSONAL INFORMATION
Employees of the SELLER are authorized to access personal information only for the relevant purpose and to the extent necessary to fulfill their duties. Again, the SELLER may share personal data with third parties from whom we receive services in order to provide services to the BUYER.
1. The SELLER may access the BUYER's personal information when necessary to supply products or services: official institutions, banks, insurance companies, information technology suppliers, our financial and legal advisors and suppliers.
1. When third parties are granted access to the BUYER's personal information, the SELLER shall take all necessary contractual, technical and organizational measures to ensure that personal information is processed only to the extent necessary for the relevant purpose. Personal information will be processed by third parties only in accordance with applicable law. Except as written herein, your personal information will not be transmitted to third parties unless there is a legal obligation to do so.
1. We have implemented all technical, physical and organizational measures to protect personal information against accidental or unlawful destruction or accidental loss, damage, alteration, unauthorized disclosure or access, as well as against any other form of unlawful processing (including the collection of non-essential information) or over-processing.
2. HOW THE BUYER EXERCISES ITS PRIVACY RIGHTS
They have the following rights in relation to their personal data;
1. a) Learn whether personal data is being processed,
2. b) Request information if personal data has been processed,
3. c) To learn the purpose of processing personal data and whether they are used in accordance with their purpose,
ç) To know the third parties to whom personal data are transferred domestically or abroad,
1. d) To request correction of personal data in case of incomplete or incorrect processing,
2. e) To request the deletion or destruction of personal data within the framework of the conditions stipulated in the legislation,
3. f) To request notification of the transactions made pursuant to subparagraphs (d) and (e) to third parties to whom personal data are transferred,
4. g) To object to the emergence of a result to the detriment of the person himself/herself by analyzing the processed data exclusively through automated systems,
ğ) In case of damage due to unlawful processing of personal data, to demand the compensation of the damage.
The written application to be made by the Data Subjects in person with the "Personal Data Owner's Application Petition" (Annex-1) or the application to be made via Registered Electronic Mail (KEP) will be evaluated by our company and will be answered within the 30-day legal period.
Data Subjects may exercise these rights by making a written request by one of the following methods;
* Through a notary with documents proving their identity to the Company,
* By e-mail from their own e-mail address to the e-mail address registered in the name of GRIFFART (grifart@gmail.com),
* Provided that they hand-deliver their petition with three signatures and copies of their identity cards,
To exercise your privacy rights, please contact us using the contact details provided under the link www.griffartdesign.com. Please note that we may request additional information to verify your identity.
15. WITHDRAWAL OF ORDER CONFIRMATION
Once the BUYER (USER) has given its consent, it may withdraw this consent at any time. However, it is reminded that this does not have a retroactive provision in the withdrawal of approval and that it can only withdraw this approval if it has initially given approval. In order to withdraw the consent, the SELLER must be contacted from the contact information under the link www.griffartdesign.com. Even when the BUYER withdraws his/her consent, it may be necessary to continue processing your data for compulsory reasons in Article 5 of the KVKK.
16. COMPLAINT NOTIFICATION
If there is a complaint regarding the use of the BUYER's personal information by the SELLER, the BUYER may file a complaint through the contact information under the link www.griffartdesign.com. In addition to filing an objection to the SELLER, the BUYER may also file a complaint with the Personal Data Protection Authority.
17. UNDER THE PERSONAL DATA PROTECTION LAW
Personal data owners who are defined as relevant persons in the Personal Data Protection Law No. 6698 ("Law") (hereinafter referred to as "Applicant") are granted the right to make certain requests regarding the processing of their personal data in Article 11 of the Law.
In accordance with Article 13/1 of the KVK Law; Applications regarding these rights to the SELLER, who is the data controller, must be submitted to us in writing or by other methods determined by the Personal Data Protection Board ("Board").
In this context, applications to be made "in writing" to the SELLER must be made by printing the Application Form;
* By personal application of the Applicant,
* Through a notary,
* It can be transmitted by signing by the Applicant with the "secure electronic signature" defined in the Electronic Signature Law No. 5070 and sending it to the registered e-mail address of the SELLER.
Detailed information regarding the application methods mentioned above is presented below.
Application Method Application Address Shipping Descriptions
Personal Application (application made by the applicant in person with documents proving his/her identity) 19 MAYIS MAH. ŞAKACI STREET. EREN NO: 71 İÇ KAPI NO:8 KADIKÖY/ İSTANBUL “Information Request Within the Scope of the Personal Data Protection Law” will be written on the envelope.
Through Notary Public 19 MAYIS MAH. ŞAKACI STREET. EREN NO: 71 İÇ KAPI NO:8 KADIKÖY/ İSTANBUL “Information Request Within the Scope of the Personal Data Protection Law” will be written on the notification envelope.
This form will be updated if there are any changes in the application methods.
Your applications submitted to us will be responded to within thirty days from the date your request reaches us, depending on the nature of the request, in accordance with Article 13/2 of the KVK Law. Our responses will be delivered to you in writing or electronically in accordance with the provision of Article 13 of the relevant KVK Law.
1. Applicant contact information:
Name and Surname: Users and subscribers who purchase products on the site Address: Address to be notified by the buyer. Telephone: Telephone number to be notified by the buyer. E-mail: E-mail address to be notified by the buyer.
(KVKK application forms will be available via the internet extension.)
BUYER acknowledges that he/she has been informed by the SELLER about the full address, commercial name and contact information of the SELLER, the features of the product he ordered, the sales price, the payment method, the delivery method of the products, the delivery costs and who will cover them, the right of withdrawal, the return and exchange conditions, and that by approving this contract, the BUYER accepts the order. It accepts and confirms that it is under the obligation to pay the prices of the products it purchases as written in the contract.
Date: 26.02.2024
SELLER BUYER