DISTANCE SALES AGREEMENT
1. PARTIES
1. SELLER
Trade Title: KAYA DIAMOND MÜCEVHERAT TURİZM SANAYİ TİCARET A.Ş.
Phone: 0(242)2427475
E-Mail Address: info@valsdiamond.com
MERSIS No: 0535145208100001
Hereinafter referred to as “Vals Diamond”.
2. BUYER
Name Surname
Address:
Phone:
E-Mail address:
Hereinafter referred to as “BUYER”.
2. SALES TERMS
These Sales Terms apply to sales of Vals Diamond products or services that you may purchase from our Seller Organization (as defined below):
2.1. Sales Channels
Remotely using Credit Card or bank transfer from Vals Diamond's respective Website or our Customer Relations Center,
Sales can be made from the relevant physical sales store of Vals Diamond using Credit Card or bank transfer.
2.2. Seller Organization
The seller organization that will sell the Products to you is Kaya Diamond A.Ş. (“Seller Organization”), Altınkum Mahallesi Atatürk Bulvarı Sefa Apartmanı No:127/A Konyaaltı/ANTALYA, MERSIS number 0535145208100002, phone 0(242)2427475, REM address kayadiamond@hs01.kep.tr.
2.3. Platform Owner
Vals Diamond is a brand of KAYA DIAMOND MÜCEVHERAT TURİZM SANAYİ TİCARET A.Ş. which is the owner and organizer of the Platforms in accordance with the Terms of Use.
2.4. Terms of Use and Privacy Policy
By placing an order through the Sales Channels, the Customer agrees to be bound by the Terms of Use incorporated into these Sales Terms. In addition, our information collection practices and the ways in which we use and protect such information are set forth in more detail in our Privacy Policy. By placing an order with Vals Diamond using the Sales Channels, the Customer agrees to be bound by our Privacy Policy, which is incorporated by reference into these Sales Terms.
2.5. Acceptance of Sales Terms
The Sales Conditions are valid for all orders placed through the Sales Channels. In the event that these Sales Terms are approved before the customer orders products or services, the customer declares that he / she has read, understood, accepted and committed to all of the provisions contained in this distance sales contract.
If the Sales Sales Terms specified in this contract are not accepted, no product or service can be ordered through the Sales Channels.
2.6. Additional Consumer Rights
Customer acknowledges that if Customer makes the purchase of the product using Pay by Link at the Physical [Vals Diamond] Store, the additional consumer rights applicable to distance sales, such as the right of withdrawal set out in the Returns and Exchanges section below, will not apply. All other sales made in person through ordinary physical outlets (such as our retail boutiques) or third parties (such as authorized retailers) are not subject to these Sales Terms.
2.7. Use of Personal Information
When the Customer places an order through the Sales Channels, the Customer expressly authorizes Vals Diamond to use the personal information provided by the Customer for the purpose of making the necessary checks against the risk of fraud, where deemed appropriate, and agrees that such personal information may be reported to the competent judicial and law enforcement authorities and that such personal information may be recorded by the relevant authorities.
3. PROCUREMENT COMPLIANCE
3.1. Legal Compliance
- The Customer must meet the following conditions in order to purchase products from Vals Diamond;
- Have reached the legal age of majority (eighteen in the Republic of Turkey) to enter into a contract.
- Have the legal capacity to enter into a contract.
- Have a shipping address in the Republic of Turkey.
Persons who are below the legal age of majority or who are otherwise legally unable to contract must place an order through their parent or legal representative. In this case, the parent or legal representative must agree to the Sales Terms.
3.2. Bona Fide End User Declaration
By placing an order through the Sales Channels, the Customer declares that he/she is a bona fide end-user customer purchasing products for his/her or someone else's personal use. Accordingly, he/she represents and warrants that our products will not be delivered, sold or otherwise distributed, and that he/she is not purchasing our Products or services for commercial purposes.
4. PRODUCT AVAILABILITY AND QUANTITY
All orders placed through the Sales Channels are subject to the availability and acceptance by us of the products in question. Information regarding the availability of products may be provided by the Customer Relations Center or Remote Boutique. Quantity limitations may apply to orders placed by Vals Diamond for certain products. We reserve the right at any time, without prior notice, to refuse orders in excess of a certain number of approved products.
5. PERSONALIZED SERVICES
5.1. Personalization Services
Personalization services (e.g. engraving or embossing) or other services may be available on certain products. If the Customer wishes to have the purchased product personalized, he/she must provide the details requested in the Sales Channels.
5.2. Acceptance or Rejection of Order
We reserve the right to refuse to accept or reject any order for personalized products or with a message card that contains language that is objectionable, illegal or contrary to our policies. It is the Customer's responsibility to ensure that all wording provided to personalize products is accurate.
5.3. Cancellation, Exchange and Return Conditions
Orders for personalized products cannot be canceled. Such personalized or custom-made products cannot be returned to Vals Diamond for withdrawal, exchange or refund, unless defective. Once a written Order Confirmation is received, the order will be considered final. This will not affect consumer rights under the law.
6. ORDERING PROCESS
If the order is placed through the Customer Relationship Center or Remote Boutique, Vals Diamond will guide the customer through the ordering process and ask them to verbally confirm the details of the order. We reserve the right to refuse, cancel and terminate orders at any time for reasonable grounds at Vals Diamond sole discretion.
Vals Diamond may refuse, cancel or terminate a Customer's order in the following circumstances;
- If there is an ongoing dispute over payment of a previous order.
- If the customer is suspected of fraudulent activities,
- If the customer is suspected of being involved in product work that was not intended,
-If you are suspected of violating these Sales Terms in any other way, including any engraving that contains language that is objectionable, illegal or contrary to Vals Diamond policies.
7. PRICES, TAXES AND SHIPPING COSTS
7.1. Prices
All prices shown or quoted are in Turkish Lira and are inclusive of VAT. Prices may vary depending on where the products are shipped. The customer is required to check the current prices. Vals Diamond reserves the right to change prices without prior notice.
7.2. Taxes
Sales, use or other taxes are not included in the price and are excluded unless otherwise stated. Changes in applicable laws between the date an order is placed by the Customer and the date a written Order and Shipping Confirmation is sent may result in changes to the taxes associated with the order placed. In the event of an increase in taxes, Vals Diamond will contact the customer to request reconfirmation of the order.
7.3. Shipping Costs
Shipping costs are not included in the prices unless otherwise stated in the relevant Sales Channel. Shipping costs are described in the Shipping Policy or in the Sales Channels. Shipping costs are not mentioned on product pages but are added to the product price, if applicable. These costs will be summarized before the customer is asked to confirm the order and will also be reflected in email correspondence with the customer. We reserve the right to change delivery costs without prior notice.
7.4. Errors in Pricing and Delivery Costs
Vals Diamond takes reasonable care to ensure that the prices and delivery costs of products are accurate. However, it is possible that some products offered through Sales Channels or delivery costs may be mispriced. In the event of incorrect pricing, Vals Diamond will contact the Customer as soon as possible to inform them of the error. If the customer cannot be contacted using the contact details provided by the customer during the ordering process, the order will be automatically canceled and the customer will be notified in writing.
If the order is accepted or processed in error when a pricing or delivery cost error occurs, we may cancel the supply of the product and refund any amounts paid by the customer.
8. PAYMENT
8.1. Accepted Payment Methods
Payment methods defined as part of the ordering process through the Sales Channels are accepted. Depending on the payment method, additional information may be requested, including certain forms of identification.
8.2. Payment via Website and Telephone Payment
When placing an order through the Platforms using the Payment by Link process, the Customer will fill in the payment information in the relevant form. In case the Client places an order by phone, he/she will forward the full payment information to the Customer Relations Center or Uzak Boutique. All payment card holders are subject to verification check and authorization by the issuer. If the issuer of the customer's payment card refuses to authorize payment to us, the customer will contact the issuer directly to resolve this issue.
8.3. Verification and Authorization
Other payment methods may also be subject to verification checks and authorization by payment system providers. Vals Diamond expressly permits security checks to be conducted from time to time to transmit or receive customer-related information (including updated information) to or from third parties, including but not limited to payment card information, to verify the customer's identity, validate the payment card, obtain initial payment card authorization and authorize individual purchases, where Vals Diamond deems it necessary.
8.4. Wire Transfer
Wire transfers are accepted for orders placed through our Website. Vals Diamond requires all wire transfer orders to be confirmed through an order confirmation process. We may accept a wire transfer order, but the order will not be processed until payment has been received and confirmed by Vals Diamond via email. The Customer acknowledges that payments made by wire transfer require additional processing and, depending on the value of the product ordered, there may be an additional waiting period before the product is released. If the Customer's Wire Transfer payment is not credited to Vals Diamond's bank account within three (3) days of placing the order, the order will be canceled.
8.5. Credit Card and Similar Payment Services
Where a Credit Card or similar payment service specified in the Sales Channels is offered as a payment method, the full amount of the purchase may be debited from the Customer's payment card immediately upon placement of the order or when confirmed by the payment provider. Credit card companies may allow payment in installments for products purchased by the Customer. This method of payment will be subject to the terms and conditions of the customer's credit card company..
9. ORDER ACCEPTANCE
The Customer will receive a written Order Confirmation after making a selection and placing the order through the Sales Channels. This confirmation will be transmitted by email or otherwise confirming the details of the order together with an order reference number. The Customer is obliged to retain this order reference number for future inquiries regarding the order.
Order Confirmation does not imply acceptance of the order. The usual credit, anti-fraud, security and relevant legal checks will be carried out to confirm the order. If the order is acceptable, it will be processed. Once an Order Confirmation has been received, the customer is responsible for reviewing it and confirming that it accurately reflects the order they intended. If there are any questions or concerns, or if the Order Confirmation does not reflect the customer's intent, the customer should contact the Customer Relations Center immediately. These Sales Terms will be communicated to the customer at the time the order is confirmed.
10. SENDING POLICY
10.1. Delivery Addresses
Vals Diamond only accepts orders for delivery to addresses within the Republic of Turkey. We do not ship to certain addresses such as the military, certain restricted areas (such as hotels), pick-up points or mailboxes. For more information, please refer to the FAQs or contact the Customer Relations Center or Remote Boutique.
10.2. Boutique Pick-up Service
Vals Diamond may offer a free boutique pick-up service for certain locations. More information can be found in the FAQs or by contacting the Customer Relations Center or Remote Boutique. The customer will be notified by email or phone when the product is ready for pick-up at the boutique.
10.3. Pick-up Points
It should be noted that not all pick-up points may receive the product within the same timeframe and that certain products may not always be available at all pick-up points.
10.4. Shipment of Orders
In case of ordering more than one product, the order will be shipped only when all products are available.
11. ORDER AND SHIPMENT CONFIRMATION
11.1. Order and Shipment Confirmation
Upon submission of the order, an Order and Shipment Confirmation will be sent in writing (by e-mail or other means). The Order Confirmation indicates the acceptance of the order placed by the customer and the existence of a binding sales contract.
With the exception of personalized products (if any), this Order and Shipping Confirmation confirms the acceptance of the order placed by the customer and the existence of a binding sales contract.
11.2. Right to Refuse the Order
Vals Diamond reserves the right to refuse to accept a customer's order for any reason at its sole discretion. Non-acceptance of an order may be due, for example, to the product ordered being out of stock, the customer's payment not being authorized, or the customer not meeting the above eligibility requirements.
12. DELIVERY
12.1. Delivery Time and Effort:
In the event that the Customer's Purchase relates to products or services that are personalized or manufactured to their specifications, they have been notified in advance that the delivery time will take additional time. Except in these cases, reasonable efforts will be made by the carrier to ensure delivery within the estimated delivery time from the date of our written Order and Shipment Confirmation and in any event within thirty (30) days thereafter. We shall not be liable for any failure to deliver the ordered product to you due to any problems encountered during the delivery of the product to the customer by the carrier.
12.2. Delivery Delays:
If delivery of the Products is delayed due to an event beyond our control, the customer will be notified as soon as possible and reasonable efforts will be made to minimize the impact of the delay. If delivery is not made within thirty (30) days from the date of the written Order and Shipment Confirmation or within any other time limit specified by us, the Customer Relations Center may be contacted to cancel the relevant order. All payments charged, including delivery costs, if any, will be refunded to the customer within fourteen (14) days from the date of receipt of the notice of termination.
12.3. Impossibility of Delivery:
In cases where the delivery of the products subject to the order becomes impossible, the customer will be notified in writing or by permanent data storage within three (3) days from the date of learning of this situation and all payments collected, including delivery costs, if any, will be refunded within fourteen (14) days at the latest from the date of notification. Non-availability of the goods in stock shall not be considered as an impossibility to fulfill the performance of the products.
12.4. Solution:
In any event, the solution offered by Vals Diamond to the customer in the event of non-delivery of the order shall be the right to cancel the order concerned and to receive a refund of the amounts prepaid by the customer for the products not received, as described above.
12.5. Delivery Time and Conditions:
When determining the delivery time, time must be allowed for credit approval, address verification, security checks and the order process. Delivery is subject to receipt of full payment.
12.6. Delivery Confirmation and Liability:
The handwritten or electronic signature of the customer or a person at the specified delivery address (unless otherwise specified by the customer) will be required to confirm the delivery of each product. At this point, the risk and liability for the goods purchased shall pass to the customer.
If the customer has designated a recipient who is not the customer for the purpose of delivery (e.g. as a gift), the signature of such recipient (or a person at the delivery address) shall be proof of delivery and fulfillment of the sales contract and shall be deemed to transfer liability to the recipient as if the product had been delivered to the customer.
12.7. Terms of Delivery:
We reserve the right to deliver products only to the intended recipient of the order as indicated on the package's label and to request an identity check for verification purposes upon delivery for certain categories of products. Further information can be found in the FAQs or by contacting the Customer Relations Center or Remote Boutique.
13. INVOICES
13.1. Invoice Submission
When the Customer places an order for products through the Sales Channels, it will receive an invoice, which will be sent in writing (as an attachment in PDF or otherwise to your e-mail address).
14. RETURNS AND EXCHANGES
14.1. General Conditions:
Vals Diamond allows the customer or Gift Recipient to return Vals Diamond products purchased through distance selling within 14 days of delivery, subject to the other terms and conditions set out below. In order to initiate a return, the customer must contact Vals Diamond through our channels indicated as contact details (by phone or email) and obtain a return tracking number for the return.
In order to complete the return process, the customer must fill in the return form sent with the return tracking number and send the product in a guaranteed manner to the address clearly indicated by the contracted shipping company. Shipping costs belong to Vals Diamond. Returns cannot be made for products that are not sent via the contracted cargo company and the product will be rejected and sent back. For products sent by a cargo company other than the contracted cargo company, transportation costs and responsibility belong to the customer.
14.2. Product Condition and Packaging:
Our products must be returned new and unused, in perfect condition, with all protective materials in place and with all labels and stickers intact and intact, as well as with the original box and delivery package, including all accessories and documents such as product warranty certificate, invoice, etc. For example, watch bracelets set at the customer's request must be returned with the same number of links as in the original delivery package. If the customer received free products as part of the order, these must also be returned with the products.
Returns are not accepted if the product shows signs of wear or if the product has been used or altered in any way from its original condition. Products made by special order, products whose size has been changed according to the customer's finger and products with special inscriptions are not accepted for return. The product to be returned must be completely undamaged. Products that are scratched, damaged or physically altered in any way will not be accepted for return.
Failure to comply with these conditions gives Vals Diamond the right to refuse the returned product and send it back at the customer's expense.
14.3. Quality Control and Return Process:
All returns will be subject to strict Quality Control (“QC”) by Vals Diamond to ensure that the returned products meet these requirements. Returns will be initiated if the product has been inspected by our experts and found to be unused and suitable for return. If the products do not meet the Quality Control standards, the return will be refused and the products will be returned to the customer.
14.4. Payment Refund:
For payments made by wire transfer/EFT, if the return of the product is approved, the relevant invoice amount will be returned to the bank account within 10 days. If the payment was made using a credit card, it takes between 1-4 weeks for the refund to be reflected in your credit card account. This period may vary according to your bank's return policy periods.
14.5. Right of Withdrawal:
In order to exercise the right of withdrawal, the product must not be covered by the provisions of Article 15 titled “Exceptions to the Right of Withdrawal” of the Distance Contracts Regulation published in the Official Gazette on 27.11.2014 and must be available for resale by the SELLER. In case this right is exercised;
a. 3rd party or the invoice of the product delivered to the Customer. (If the invoice of the product to be returned is corporate, it must be sent to Vals Diamond within 10 days together with the return invoice issued by the institution when returning. Order returns whose invoice is issued on behalf of institutions will not be completed unless the RETURN INVOICE is issued).
b. The products to be returned within 14 days after the right of withdrawal request is submitted must be returned to Vals Diamon complete and undamaged together with the box, packaging, certificates, gift products and accessories, gift certificates, if any. In the event that any of these materials are not sent or are damaged, even if caused by the transportation company, the return request will not be accepted.
c. Alternatively, cancellation proceedings may be initiated using the Model Withdrawal Form set out at the bottom of these terms, but this is not mandatory.
14.6. Exchanges:
The Customer may return a product purchased through the Sales Channels for exchange for another product within 14 days of delivery, provided that the return complies with these Sales Terms and the product requested for exchange is available. In the case of an exchange, the sale of the returned product will be canceled and a new order will need to be placed for the product ordered as part of the exchange. If a product is returned for exchange for a more expensive product, the customer will have to pay the price difference. If a product is returned to be exchanged for a more affordable product, the person making the return will be entitled to receive the remaining price difference from the price of the exchanged product as a gift card. If the customer wishes to return the product purchased under the distance sales contract, the customer will be able to physically return it from the Vals Diamond store in accordance with the above conditions.
14.7. Gift Recipient Rights:
Only the purchaser is entitled to a refund of the purchase price as set out in the returns and exchanges clause above. A person who received the Product as a gift (i.e. a “Gift Recipient”) shall in no case be entitled to a refund. The person who received the product as a gift (i.e. a “Gift Recipient”) may request an exchange if the product meets the exchange conditions and upon presentation of the exchange card issued to him/her.
15. PRODUCTS THAT CANNOT USE THE RIGHT OF WITHDRAWAL
The following situations cover the situations in which the Consumer cannot exercise the right of withdrawal and the exchange or return procedure does not apply in the situations regulated in these articles:
15.1. Goods Prepared in Accordance with the Consumer's Wishes or Personal Needs:
➢ Custom-made products in a color different from the mineral color offered on the website at the request of the customer.
➢ Special orders other than the ring size range, necklace and bracelet size offered on the website.
➢ Engraved wedding rings.
➢ Ring size, necklace and bracelet size and model changes made at the request of the customer.
➢ Specially produced goods in line with the special requests of the customer
➢ Pursuant to Article 15 of the Regulation on Distance Contracts, there is no right of withdrawal (right to cancel and return) in ring orders since the ring size is prepared individually.
15.2. Changing Prices Due to Fluctuations in Financial Markets:
Contracts for goods or services whose price fluctuates with fluctuations in financial markets and are not under the control of Vals Diamond or the supplier.
15.3. Products for which the Right of Withdrawal cannot be exercised due to Health and Hygiene:
Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene.
15.4. Overseas Delivery Addresses:
Products delivered to an address outside the Customs Territory of Turkey as a result of the buyer's declaration of an overseas delivery address are excluded from the scope of return.
These regulations cover the situations where the right of withdrawal cannot be used within the scope of the Distance Sales Agreement and the exchange or return procedure will not be applied in the cases mentioned above.
16. FREE SERVICES
The following free services will be offered free of charge by the Sales Channels:
16.1. Gift-Wrapping and Packaging:
All orders will be shipped gift wrapped in Vals Diamond special packaging with Vals Diamond box and Vals Diamond shopping bag (if available).
16.2. Carvings or Reliefs:
Engraving or embossing is available on select products and may only be offered through sales transactions completed through the Customer Relations Center or Remote Boutique. Customers wishing to have a Vals Diamond product engraved should contact the Customer Relations Center or Remote Boutique. Orders placed for personalized Vals Diamond products cannot be canceled and these products cannot be returned for exchange or refund.
16.3. Gift Notes:
The Customer may personalize their order by adding a personalized note printed by Vals Diamond on a gift card to be included in the order package. Vals Diamond reserves the right to refuse gift card notes that Vals Diamond deems offensive or inappropriate to be sent with stationery bearing its logo.
17. PRODUCT DESCRIPTIONS
17.1. Accuracy of Information:
Vals Diamond has taken due care and effort to ensure that the information provided on the Platforms, in advertisements, catalogs or by the Customer Relationship Center, including product descriptions, sizes and colors, is accurate and complete.
17.2. Warranty Coverage:
To the extent permitted by law, Vals Diamond makes no warranties, express or implied, as to the accuracy, reliability or completeness of such information.
17.3. Indicators:
In particular, all descriptions and information regarding the weight of precious materials and the number of stones and carats are given as an indication only and may vary slightly (color, etc.).
18. LIMITATION OF LIABILITY
18.1. General Refusal and Exclusion:
Vals Diamond disclaims and excludes, to the fullest extent permitted by applicable law, all other terms, conditions and warranties, express or implied, by statute or otherwise, or arising out of any prior transaction or use or trade practice, with respect to the Products and Sales Channels.
18.2. Legal Restrictions:
These Sales Terms do not limit or exclude Vals Diamond's liability for any obligation that cannot be limited or excluded by applicable law.
18.3. Maximum Responsibility:
Subject to the preceding sentence, Vals Diamond's total liability to the Customer under these Sales Terms for any order, whether in contract, tort (including negligence) or otherwise, shall in no event exceed the invoice price of the product(s) in the order.
19. GENERAL PROVISIONS
If any provision or part of a provision of these Sales Terms is held to be illegal, invalid or unenforceable, the remaining provisions of these Sales Terms shall not be affected and shall continue to be fully valid, binding and enforceable.
These Terms and Conditions are written in Turkish. These Sales Terms (and any related terms incorporated by reference) constitute the entire agreement between the customer and Vals Diamond with respect to an order for products or services and supersede and eliminate all prior agreements, draft agreements, arrangements, arrangements, commitments or understandings of any nature, whether oral or written, made by the parties with respect to such subject matter.
Vals Diamond shall not be liable for any failure or delay caused by any cause beyond its reasonable control in performing or complying with its obligations under these Sales Terms.
The Customer acknowledges and agrees that it is solely responsible (and Vals Diamond shall have no liability to it or any third party) for any breach of its obligations under these Sales Terms and for the consequences of any such breach (including any loss or damage that Vals Diamond may suffer).
No waiver by Vals Diamond of any breach of any provision of these Sales Terms will be construed as a waiver of any other or subsequent breach.
These Sales Terms are between Vals Diamond and the Customer. No other person shall have any right to enforce any of these terms. However, if the customer purchases a product as a gift, the recipient of your gift will benefit from the product.
20. APPLICABLE LAW AND JURISDICTION
These Sales Terms shall be governed by and construed in accordance with the laws of the Republic of Turkey. For the resolution of any dispute that may arise in relation to these Sales Terms, the provincial or district consumer arbitration committee in the province or district where your residence is located or where the consumer transaction is made is authorized up to the value announced annually by the Ministry of Commerce, and the Consumer Courts are authorized for disputes above the said value.
Without limitation on filing a lawsuit in court, you and Vals Diamond will first use reasonable efforts for a period of fourteen (14) days to amicably resolve any dispute or controversy that may arise out of or relate to the Product, the Sales Terms or any breach thereof.
21. CONTACT US
If you have any questions or comments about these Sales Terms or matters generally, please contact us at the address provided below.
...... Customer Relations Center
Address : Altınkum Mahallesi Atatürk Bulvarı Sefa Apartmanı No:127/A Konyaaltı/ANTALYA
Tel : 0(242)2427475
E-mail : info@valsdiamond.com
SAMPLE WITHDRAWAL FORM
SELLER's
Trade Title : KAYA DIAMOND MÜCEVHERAT TURİZM SANAYİ TİCARET A.Ş.
Address : Altınkum Mahallesi Atatürk Bulvarı Sefa Apartmanı No:127/A Konyaaltı/ANTALYA
Phone : 0(242)2427475
E-Mail Address : info@valsdiamond.com
I hereby declare that I have exercised my right of withdrawal from the agreement for the sale of the following goods or provision of services.
Date of order or delivery date :
Goods or service subject to the right of withdrawal :
Price of the goods or service subject to the right of withdrawal :
Name and surname of the consumer :
Consumer's address :
Signature of the consumer (if sent on paper) :
Date :
***( This form is to be filled in and sent only when the right of withdrawal from the agreement is to be exercised.)
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