ARTICLE 1 - SELLER INFORMATION
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Title |
Bendis Takı Ve Güzellik Ürünleri Tic. Ltd. Şti |
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Address |
Esentepe Mah. Kore Şehitleri Cad. No:4 Propa Plaza Giriş Kat Şişli / İstanbul / Türkiye |
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Phone No |
+90 533 063 83 83 |
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Email Address |
info@bendisdesign.com |
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MERSİS No |
0163041553000019 |
(Hereinafter referred to as the SELLER)
ARTICLE 2- BUYER INFORMATION
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Name/Surname/Title |
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Turkish ID No, TaxNo |
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Address |
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Phone No |
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Email Address |
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(Hereinafter referred to as the BUYER)
ARTICLE 3 – SUBJECT OF INFORMATION AND PRODUCT
The subject of this Pre-Information Form is the determination of the rights and obligations of the parties having the titles of consumer and SELLER, in accordance with Law No. 6502 on the Protection of Consumers (“TKHK”) and the Regulation on Distance Contracts No. 29188, regarding the sale and delivery of the products (“Product/Products”) ordered electronically by the BUYER from the SELLER’s Website, including but not limited to the SELLER’s name, title, open address, phone number and other contact details, the basic characteristics of the goods subject to sale, sales price including taxes, payment method, delivery conditions and costs, all preliminary information regarding the goods subject to sale, the exercise of the right of withdrawal and how this right may be exercised, and the official authorities to which complaints and objections may be submitted, in a clear, understandable manner suitable for the internet (e-commerce) environment.
The BUYER accepts and declares that they have been clearly, understandably, and appropriately informed via the website https://bendisdesign.com/ regarding the SELLER’s name, title, open address, phone number and other contact details, the basic characteristics of the goods subject to sale, the sales price including taxes, payment method, delivery conditions and costs, all preliminary information regarding the goods subject to sale, the exercise of the right of withdrawal and how this right may be exercised, and the official authorities to which complaints and objections may be submitted, and that they have electronically confirmed such preliminary information.
3.1 – Product Name, Quantity and Sales Price Including Taxes
The type, quantity, brand/model, color, unit quantity, sales price, and payment method of the goods/products/services are as stated below:
Type of Goods/Product:
Brand/Model:
Color:
Quantity:
Weight (grams):
SalesPrice(Excl.VAT):
ShippingFee:
Payment Method:
DeliveryAddress:
Person to be Delivered:
Invoice Address:
In accordance with the Tax Procedure Law and relevant communiqués, e-archive invoices are issued for sales exceeding TRY 29,700 and are sent to the e-mail address specified by the buyer at the time of order.
3.2 – Payment Method: Credit and Debit Card, Other Payment Methods
The time when orders are processed is not the moment the order is placed, but the moment when the required payment is successfully collected from the credit and/or debit card account and/or mobile wallet. Payment methods carried out without contacting customer services, such as cash on delivery or postal orders, are not accepted.
Shopping can be made on https://bendisdesign.com/ using credit cards (Visa, MasterCard, etc.), debit cards, BKM Express, Juzdan, Tosla, Card Points, Prepaid Cards, and Maximum Mobile Wallet, as well as other payment methods.
For the delivery of the product subject to the contract, this pre-information agreement must be electronically confirmed and the product price must be paid using the payment method preferred by the BUYER. If, for any reason, the product price is not paid or is canceled in bank records, the SELLER shall be deemed released from the obligation to deliver the product.
If, after delivery of the product, the credit/debit card belonging to the BUYER is unlawfully or unfairly used by unauthorized persons without the BUYER’s fault and the relevant bank or financial institution fails to pay the product price to the SELLER, the BUYER is obliged to return the product to the SELLER within 3 days, provided that the product has been delivered to them. In such case, shipping costs shall be borne by the BUYER.
In cases where payment for the product subject to the contract is made by credit/debit card, all legal risks arising from the fact that the BUYER and the cardholder or the person to whom the product will be delivered are different, including unlawful or unauthorized use of the card by third parties, shall belong to the BUYER. The BUYER accepts and undertakes that they shall not make any claims against the SELLER in such cases.
3.3 – Delivery of the Product
After the BUYER reads and approves the pre-information form and the distance sales agreement regarding the purchased online product, the moment when the required payment is collected from the credit/debit card or mobile wallet account constitutes the moment when the order is processed on behalf of the BUYER. After the total VAT-included amount of the products added to the shopping cart is approved by the BUYER, the transaction is processed through the bank POS system. Therefore, an order confirmation e-mail is sent to the customer before shipment. No shipment is made before the order confirmation e-mail is sent, and upon sending the order confirmation e-mail, the product(s) are delivered to the cargo company contracted by the SELLER. Delivery is deemed complete upon delivery of the product(s) to the BUYER by the designated cargo company.
ARTICLE 4 – PRODUCT FEATURES
The description and characteristics of the product are as stated below, and such information has also been approved by the BUYER.
· Type of Goods/Product:
· Brand/Model:
· Color:
· Quantity:
· Weight (grams):
· Sales Price (Excl. VAT):
The weight, fineness (purity) degree, and product certificate of the purchased gold and jewelry products shall be delivered to the buyer together with the invoice.
Delivery shall be made by the SELLER to the address specified above via the cargo company. The shipping fee shall be paid by the BUYER.
Shipping Fee: …. TL, and the shipping fee is added to the total order amount. Delivery shall be made to the address specified above by the BUYER via the contracted cargo company.
The shipping fee is added to the total order amount and is paid by the BUYER. It is not included in the product price. Depending on the campaigns carried out by the SELLER at the time of sale and/or announced on the website, the SELLER may choose not to charge the BUYER for all or part of the shipping fee. The SELLER reserves the right to change the procedures and methods applied regarding shipping fees in the future.
The product/products shall be delivered to the BUYER’s address via the cargo company contracted by the SELLER. The delivery period is 30 (thirty) days from the sending of the order confirmation e-mail and the establishment of the contract. Provided that the BUYER is informed in advance in writing or via a durable data carrier, this period may be extended by a maximum of ten (10) days. Products are sent with telephone notification to regions where cargo companies do not provide door-to-door delivery.
In regions where the cargo company delivers once a week, delays may occur within the specified period in cases of incorrect or incomplete shipment information, certain social events, and natural disasters. Due to such delays, the BUYER may not attribute any liability to the SELLER.
If the SELLER fails to deliver the product(s) subject to the distance sales contract within the specified period due to force majeure or extraordinary circumstances preventing transportation such as adverse weather conditions, interruption of transportation, and/or technical reasons, the SELLER is obliged to notify the BUYER within 3 (three) days. In such case, the BUYER may exercise one of the following rights: cancellation of the order, replacement of the product(s) subject to the distance sales contract with an equivalent product, if available, and/or postponement of the delivery period until the obstructive situation is eliminated. If the BUYER cancels the order, the amount paid shall be refunded to the BUYER within 14 (fourteen) days.
If the product is to be delivered to a person/institution other than the BUYER, the SELLER shall not be responsible for any additional shipping costs arising from the refusal of delivery by the recipient, incorrect shipment information, and/or the BUYER not being present at the delivery address. If the product/products do not reach the customer within the specified period, delivery issues must be reported to the SELLER immediately.
ARTICLE 5 – PRODUCT PAYMENT INFORMATION
5.1 - The product price, basic information, and characteristics regarding the payment terms are as stated below, and such information has also been approved by the BUYER.
5.2 - The total price of the product(s), including VAT, is …. TL.
The BUYER shall make the payment of the order amount via credit card or debit card over the internet. Credit card transactions are transmitted directly to the bank through a secure and encrypted channel, and all transactions are carried out by the bank.
ARTICLE 6 – VALIDITY PERIOD OF COMMITMENTS
All information, declared prices, and commitments presented to the BUYER regarding the product or service included in this form shall remain valid until updated or amended, and it is hereby notified that the SELLER shall not be bound by the information and commitments provided in this form after such updates or amendments.
ARTICLE 7 – RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract within fourteen (14) days from the date of receipt of the goods, without providing any justification and without paying any penalty.
Pursuant to General Communiqué of the Tax Procedure Law No. 385, in order for return transactions to be carried out, the BUYER is required to completely and accurately fill in the return sections located at the bottom of the two (2) invoices belonging to the SELLER delivered together with the goods, sign them, send one copy to the SELLER together with the product, and keep the other copy. The withdrawal period starts from the date on which the goods are delivered to the BUYER. The return shipping cost of the returned product or products shall be covered by the SELLER without charging any additional expense. In international orders, differences in tax fees may be requested with respect to shipping costs.
Orders for products manufactured in line with the BUYER’s special requests and demands or produced as personalized products through modifications or additions cannot be canceled. Therefore, all rings adjusted according to the finger size selected by the buyer at the time of order, products with inscriptions written on stones in line with the buyer’s requests, products with inscriptions written on or inside gold parts, and all products manufactured in accordance with the buyer’s requests fall within the scope of non-cancellable products.
There is no right of withdrawal for goods prepared in accordance with the BUYER’s requests and/or clearly in line with their personal needs. In the event that the BUYER exercises the right of withdrawal, the SELLER shall refund the total amount received and, if any, all documents that place the consumer under debt, to the consumer without imposing any cost, within ten (10) days at the latest from the date the invoice containing the withdrawal notice reaches the SELLER together with the product.
The decrease in value of the received goods, the fact that they have been used, or the existence of a reason that makes return impossible shall not prevent the exercise of the right of withdrawal. However, if the decrease in value or the impossibility of return arises from the consumer’s fault, the consumer must compensate the SELLER for the value of the goods or the decrease in value.
For product returns, the return request must primarily be communicated to customer services. The return details of the product shall be communicated to the BUYER by the SELLER. Following this communication, the product must be delivered to the SELLER via the cargo company that delivered the product to the BUYER, together with the invoice containing the return information. If the returned product received by the SELLER meets the conditions specified in this agreement, it shall be accepted as a return, and the refund shall be made to the BUYER’s credit card/account. No refund shall be made before the product is delivered to the SELLER as a return. The reflection period of refunds made to credit cards is at the discretion of the relevant bank.
If the purchase was made by credit card and in installments, the refund procedure to the credit card shall be applied as follows: If the BUYER requested to purchase the product in installments, the Bank shall refund the BUYER in the same number of installments. After the SELLER pays the full product price to the bank in a single transaction, in order to prevent the parties involved from being disadvantaged in the event of refunds of installment transactions made through bank POS systems to the BUYER’s credit card, the requested refund amounts shall be transferred by the Bank to the cardholder’s account in installments. If the refund date and the card’s statement closing dates do not coincide, one (1) installment refund shall be reflected on the card each month, and the BUYER shall receive refunds for as many months as the number of installments paid prior to the refund, after the installment period of the sale ends, and such amounts shall be deducted from the existing debts.
In the event of return of goods and services purchased by card, the SELLER cannot make a cash payment to the BUYER pursuant to the agreement made with the Bank. The merchant, namely the SELLER, shall process the refund through the relevant software, and since the merchant is obliged to pay the relevant amount to the bank in cash or by offset, no cash payment can be made to the BUYER in accordance with the procedure detailed above. The refund to the credit card shall be carried out by the Bank in accordance with the procedure described above after the BUYER pays the amount to the Bank in a single transaction.
The withdrawal notice may be submitted to one of the addresses below.
Withdrawal Notice
E-mail :https://bendisdesign.com/
Fax:
Postal Address:
The right of withdrawal cannot be exercised in the following cases:
a. Contracts relating to goods or services whose prices fluctuate depending on financial market movements and which are not under the control of the SELLER or the supplier.
b. Contracts relating to goods prepared in line with the consumer’s requests or personal needs.
c. Contracts relating to the delivery of perishable goods or goods with an expiry date.
d. Contracts relating to goods whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery and which are not suitable for return due to health and hygiene reasons.
e. Contracts relating to goods that are mixed with other products after delivery and which cannot be separated by their nature.
f. Contracts relating to books, digital content, and computer consumables presented in physical form, if their protective elements such as packaging, tape, seal, or wrapping have been opened after delivery.
g. Contracts relating to the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.
h. Contracts relating to accommodation, transportation of goods, car rental, food and beverage supply, and leisure time activities for entertainment or recreation, which must be performed on a specific date or period.
i. Contracts relating to services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
j. Contracts relating to services whose performance has started with the consumer’s approval before the expiration of the right of withdrawal period.
Since the prices of the products offered for sale vary depending on international gold prices and foreign exchange rate fluctuations and relate to goods or services not under the control of the SELLER or supplier, and since such goods are prepared in line with the consumer’s requests or personal needs, the BUYER does not have the right of withdrawal pursuant to subparagraphs (a) and (b).
ARTICLE 8 – COMPETENT COURT AND RESOLUTION OF DISPUTES
In the event of any dispute arising from the implementation of this agreement, the records of the SELLER and the BUYER (including records in magnetic media such as computer and audio records) shall constitute conclusive evidence.
Without prejudice to the relevant provisions, this Agreement shall remain in force until the Parties fulfill their payment and delivery obligations under this Agreement.
Within the monetary limits announced annually each December by the Ministry of Industry and Trade, the Consumer Arbitration Committees and the Consumer Courts located at the place of residence of the SELLER shall have jurisdiction.
ARTICLE 9 – ENTRY INTO FORCE
This pre-information form shall enter into force after being read and accepted electronically by the BUYER.
By approving the order, the BUYER accepts, undertakes, and declares that they have read the information stated in the Pre-Information Form, that they are informed thereof, and that they have provided the necessary confirmation electronically.