DISTANCE SALES AGREEMENT
This Distance Sales Agreement ("Agreement") has been prepared in accordance with the Consumer Protection Law No. 6502, dated 07.11.2013 ("Law No. 6502") and the Distance Contracts Regulation published in the Official Gazette No. 29188, dated 27.11.2014 ("Relevant Regulation"), for sales conducted over the internet. The terms of the agreement are as follows:
ARTICLE 1 – PARTIES
SELLER
Company Name: Oriental Monkey Jewelry Industry and Trade Inc.
Address: Küçükbebek Caddesi, Çınar Apt No:16/3, Bebek, Beşiktaş / Istanbul
Phone: +90 212 287 87 90
Email: info@orientalmonkey.com
BUYER
Name Surname:
Address:
Phone:
Email:
ARTICLE 2 - SUBJECT
This Agreement determines the rights and obligations of the parties regarding the sale and delivery of the product(s) ordered by the BUYER from the SELLER’s website, www.orientalmonkey.com, in accordance with the provisions of Law No. 6502 and the Relevant Regulation. The specifications and sales price of the product(s) are detailed in Article 3 of this Agreement.
ARTICLE 3 - PRODUCT SUBJECT TO THE AGREEMENT
The type and nature, quantity, brand/model, color, sales price, and delivery details of the product(s) are specified below.
The essential features of the product, such as model and color, are available on the SELLER’s website, www.orientalmonkey.com. The BUYER can review the specifications and images of the product as long as it is available for sale.
The price listed below includes all applicable taxes.
Product Description:
Product Price (Including VAT):
Quantity:
Shipping Fee:
The shipping fee will be determined based on the total order amount. Since it cannot be pre-calculated, additional costs may apply.
Payment Method: Cash / Single Payment via Credit Card / Credit Card Installments [*]
Total Price (Including VAT):
Delivery Method: Home Delivery
ARTICLE 4 - GENERAL TERMS
4.1 - The BUYER acknowledges that they have read and understood all preliminary information regarding the essential characteristics, sales price, payment method, delivery terms of the product(s) mentioned in Article 3, as well as the full commercial name, address, and contact details of the SELLER and confirms this electronically.
By confirming this Agreement, the BUYER also acknowledges that they have received accurate and complete information from the SELLER regarding their address, the essential characteristics of the ordered product, the product price, payment and delivery details, and the obligation to pay if the order is approved.
4.2 - Except for products customized according to the BUYER’s requests, the product(s) subject to this Agreement shall be delivered to the BUYER or the person/entity designated at the delivery address within a maximum period of 30 (thirty) days, depending on the BUYER’s location, unless otherwise specified in the preliminary information. The shipping fee shall be paid by the BUYER, unless otherwise stated by the SELLER before the Agreement is concluded.
4.3 - The SELLER is responsible for delivering the product in a complete and undamaged condition, in compliance with the specifications mentioned in the order.
4.4 - For the product(s) to be delivered, this Agreement must be accepted by the BUYER, and the price must be paid using the selected payment method. If, for any reason, the payment is canceled or the amount is not received by the SELLER, the SELLER is not obligated to deliver the product(s).
4.5 - If the BUYER’s credit card, bank card, debit card, or any other payment method available on the website is used fraudulently or unlawfully by unauthorized parties, and the relevant bank or financial institution does not transfer the payment to the SELLER, the BUYER is required to return the product(s) to the SELLER within 3 (three) days. In such cases, all shipping costs shall be borne by the BUYER.
4.6 - If the product is to be delivered to a person/entity other than the BUYER, the SELLER shall not be held responsible if the designated recipient refuses to accept the delivery.
4.7 - The SELLER is not liable for any issues arising from the shipping company’s inability to deliver the product to the BUYER.
4.8 - The SELLER, with a valid reason, may provide the BUYER with a product of equal quality and price before the fulfillment period expires.
4.9 - If fulfilling the order becomes impossible due to the product being out of stock, the SELLER must inform the BUYER before the fulfillment period expires. In such cases, the SELLER may offer a product of equal quality and price or refund the amount paid.
4.10 - In extraordinary circumstances such as force majeure, adverse weather conditions, or transportation disruptions, if the product cannot be delivered within the agreed period, the SELLER must inform the BUYER. The BUYER may then choose to cancel the order, receive a substitute product, or postpone the delivery. If the BUYER cancels the order, the amount paid will be refunded within 10 (ten) days.
ARTICLE 5 - RIGHT OF WITHDRAWAL
5.1 - The BUYER has the right to withdraw from this Agreement within 14 (fourteen) days from the date of delivery of the product to the BUYER or the designated recipient, without providing any justification. By accepting this Agreement, the BUYER acknowledges that they have been informed of their right of withdrawal.
5.2 - If the right of withdrawal is exercised, the BUYER must return the product(s) to the SELLER within 10 (ten) days in their original packaging, with all accessories and invoice intact.
5.3 - The SELLER shall refund the payment to the BUYER within 14 (fourteen) days of receiving the withdrawal notification.
5.4 - The shipping cost for returns made within the withdrawal period shall be covered by the SELLER.
ARTICLE 6 - PRODUCTS EXCLUDED FROM THE RIGHT OF WITHDRAWAL
The right of withdrawal does not apply to:
· Custom-made or personalized products,
· Products with alterations requested by the BUYER,
· Products with damaged labels, packaging, or boxes,
· Products that are not resalable.
ARTICLE 7 - PROTECTION OF PERSONAL DATA
The BUYER agrees that personal data (name, contact information, payment details, delivery address) provided for order fulfillment is processed in compliance with Law No. 6698 on the Protection of Personal Data ("KVKK"). The SELLER commits to processing this data only for contract-related purposes and not sharing it with third parties without the BUYER’s explicit consent.
ARTICLE 8 - COMPETENT COURT
In the implementation of this Agreement, Consumer Arbitration Committees up to the value announced by the Ministry of Customs and Trade, and Consumer Courts at the SELLER’s place of residence, are authorized.
By confirming the order, the BUYER acknowledges and accepts all terms of this Agreement.