Distance Sales Agreement

ARTICLE 1 — PARTIES SELLER: SELLER / DATA CONTROLLER Trade name: Akpınar Altın ve Kıymetli Madenler San. Tic. Ltd. Şti. Address: Küçükbakkalköy Mah. Başöğretmen Cad. No: 6, 34750 Ataşehir / İstanbul Tax office / no: Kozyatağı Vergi Dairesi / 0330980994 MERSIS no: {{FIRMA_MERSIS}} Phone: 0533 012 60 00 E-mail: info@akpinaraltin.com Registered e-mail (KEP): {{FIRMA_KEP}} Jewellery Trade Licence no: {{KUYUM_YETKI_BELGE_NO}} Professional chamber: {{MESLEK_ODASI}} Website: www.akpinarmucevherat.com BUYER: The person who provides their name, Turkish ID number, delivery/invoice address, phone and e-mail in the order form ("Buyer"). The Buyer's details at the time of ordering are stored with the order record and form an annex to this Agreement. ARTICLE 2 — SUBJECT This Agreement sets out the rights and obligations of the parties under the Consumer Protection Law No. 6502 and the Distance Contracts Regulation regarding the sale and delivery of the product ordered electronically by the Buyer through the website www.akpinarmucevherat.com, whose characteristics and price are stated in the order summary. ARTICLE 3 — PRODUCT AND PAYMENT DETAILS 3.1. The product name, carat/fineness, weight, quantity, unit price, shipping cost (if any) and total price including all taxes are as stated in the order summary and in the order confirmation e-mail sent to the Buyer; these form an integral part of this Agreement. 3.2. Means of payment: bank transfer / EFT (credit card from the date it is offered on the site). The payment period is stated in the order summary and confirmation e-mail. 3.3. Whether workmanship is included in the price is stated on the product page. ARTICLE 4 — GENERAL PROVISIONS 4.1. The Buyer acknowledges having read the Preliminary Information Form and this Agreement, having obtained the preliminary information on the essential characteristics, total price including taxes, means of payment, delivery terms and right of withdrawal, and having confirmed this electronically. 4.2. The Buyer is aware that confirming the order creates a payment obligation. 4.3. The Seller is obliged to deliver the product free of defects, in conformity with the order summary and with applicable law. 4.4. The Buyer declares to be at least 18 years old. ARTICLE 5 — CONCLUSION OF THE CONTRACT AND PRICE VALIDITY 5.1. The price of products containing gold and precious metals is calculated, without the Seller's intervention, on the basis of the fine-gold rate that changes continuously on international markets, using the formula (grams × fineness/1000 × current fine-gold selling rate) + workmanship. This falls within Annex-1 (2)-c of the Regulation on Unfair Terms in Consumer Contracts. 5.2. The contract is concluded when the order amount reaches the Seller's bank account. Until then the order constitutes the Buyer's binding offer. 5.3. The price at the time of ordering remains fixed for the payment period stated in the order summary. If payment does not reach the Seller's account within this period, the order is automatically cancelled and the product reservation released; as no amount has been collected, no refund arises. After expiry the Buyer may place a new order at the current price. A payment arriving after expiry is, at the Buyer's choice, either treated as a new order at the current price or refunded in full without cost; the Seller does not unilaterally claim any difference. 5.4. An order whose payment has been completed cannot be altered or cancelled to the Buyer's detriment on grounds of a rate change (Law No. 6502, Article 4/2). ARTICLE 6 — DELIVERY 6.1. Following receipt of payment, the product is delivered insured and with declared value via {{KARGO_FIRMASI}} to the address given by the Buyer within the period stated in the order summary and in any event no later than 30 days from receipt of the order by the Seller. 6.2. If the Seller fails to perform within this period, the Buyer may terminate the contract, in which case the Seller refunds all amounts collected, including delivery costs, within 14 days with statutory interest. Unavailability of the product in stock is not deemed impossibility of performance. 6.3. Where the product is to be delivered to a person designated by the Buyer, the Seller is not liable for that person's refusal to accept delivery. 6.4. Delivery is made to addresses within the Republic of Türkiye. ARTICLE 7 — RISK OF LOSS The Seller bears the risk of loss and damage UNTIL delivery to the Buyer or the person designated by the Buyer (Regulation Article 17/1). Inspecting the parcel on receipt and having the courier draw up a damage report enables faster exercise of the Buyer's rights; failure to obtain a report does not extinguish those rights. ARTICLE 8 — RIGHT OF WITHDRAWAL AND EXCEPTIONS RIGHT OF WITHDRAWAL AND ITS EXCEPTIONS (BY PRODUCT TYPE) 1) Gram gold, bullion, minted investment gold, coins (quarter, half, full, Ata etc.) and 22-carat bangles and ornamental gold whose price is set on the basis of the fine-gold rate: under Article 15/1-(a) of the Distance Contracts Regulation these are goods whose price depends on fluctuations in the financial markets beyond the Seller's control, therefore NO RIGHT OF WITHDRAWAL applies. 2) Products prepared according to the consumer's wishes or personal needs (engraving, custom size, made-to-order): NO RIGHT OF WITHDRAWAL under Article 15/1-(b). 3) For all other diamond and design jewellery whose price consists mainly of workmanship and stones, the consumer may withdraw within 14 DAYS of delivery without giving any reason and without penalty. The right may also be exercised between conclusion of the contract and delivery. 4) The category of each product is stated on the product page and in the order summary. 5) The absence of a right of withdrawal never affects the statutory remedies for defective goods (Law No. 6502, Articles 8-12), which remain available for every product. 8.6. Notice of withdrawal is addressed in writing or by e-mail to info@akpinaraltin.com or to the Seller's address above before the period expires. Dispatch of the notice within the period suffices. ARTICLE 9 — OBLIGATIONS ON WITHDRAWAL 9.1. Within 14 days from the date the product is handed to the designated return carrier, the Seller refunds all amounts collected, including delivery costs, in a single payment, without cost to the Buyer and by the means of payment used by the Buyer. 9.2. Within 14 days of the notice of withdrawal, the Buyer returns the product with its invoice, certificate (mandatory for certified diamonds as a matter of completeness), original box and any seal/tag. 9.3. Designated return carrier: {{IADE_KARGO_FIRMASI}}. No return cost is charged when the product is returned with this carrier. If the carrier has no branch at the Buyer's location, the Seller arranges collection at no additional cost. 9.4. The Buyer is not liable for changes resulting from use in accordance with the product's function and instructions. ARTICLE 10 — DEFECTIVE GOODS DEFECTIVE GOODS (APPLIES TO EVERY PRODUCT) If the delivered product is defective, the consumer may, at their choice under Article 11 of Law No. 6502: (a) rescind the contract by declaring readiness to return the goods, (b) keep the goods and request a price reduction proportional to the defect, (c) request free repair with all costs borne by the Seller unless this requires excessive cost, (d) request replacement with a non-defective equivalent where possible. Repair or replacement is completed within 30 business days at the latest. Defects appearing within 6 months of delivery are presumed to have existed at delivery. The limitation period is 2 years from delivery; it does not apply where the defect was concealed by gross fault or fraud. ARTICLE 11 — DEFAULT For bank transfer / EFT, failure to pay within the allowed period results in automatic cancellation of the order under Article 5.3; no compensation or penalty is claimed from the Buyer. Compound interest is not applied in consumer transactions (Law No. 6502, Article 4/7). ARTICLE 12 — DISPUTE RESOLUTION DISPUTE RESOLUTION In case of dispute, the consumer may apply to the Consumer Arbitration Committee of their place of residence or of the place of the transaction (for disputes below TRY 186,000 in 2026). Above this threshold the Consumer Courts have jurisdiction, provided that mediation is attempted before filing suit under Article 73/A of Law No. 6502. The monetary threshold is updated annually. Complaints and requests may also be submitted through the contact channels above. ARTICLE 13 — ENTRY INTO FORCE AND RECORD-KEEPING 13.1. This Agreement enters into force upon the Buyer's electronic approval at the order step and receipt of payment under Article 5.2. 13.2. The version approved at the time of ordering is stored with the order record; a copy is sent to the Buyer on a durable medium (e-mail) and members can access it under "My Orders". The Seller retains the contract and preliminary information records for at least 3 years.