This Distance Selling Agreement (“ Agreement ”) has been drawn up for sales made over the internet in accordance with the Law on Consumer Protection No. 6502 (“ Law ”) and the Distance Contracts Regulation (“ Regulation ”) published in the Official Gazette dated 27.11.2014 and numbered 29188, and the articles of the Agreement are as follows.

ARTICLE 1 – PARTIES

1.1 SELLER

Title: Sim Atlı

Central Registry Number: 1388979490800001

Address: Maslak District Aos 20. Street No: 641 Sarıyer/Istanbul

Tax Number: MASLAK VD / 13889794908

Phone: +90 537 452 79 97

E-Mail Address: info@simandroz.com

1.2 BUYER

Name and Surname:

Address:

Phone:

Email address:

ARTICLE 2 - SUBJECT

2.1. The subject of this Agreement is, in accordance with the provisions of the Law and the relevant Regulation, the specification of the rights and obligations of the parties regarding the sale and delivery of the product or products ordered by the BUYER, the qualities and sales price of which are specified in Article 3 of the Agreement, from the website https://simandroz.com/ (“ Website ”) belonging to the SELLER. This Agreement has been drawn up in accordance with the Law No. 6563 on the Regulation of Electronic Commerce, the Law No. 6502 on Consumer Protection, and the Distance Contracts Regulation. The relevant provisions of the Turkish Code of Obligations No. 6098 and the Turkish Commercial Code No. 6102 shall apply to the BUYER, who is not considered a consumer within the scope of the relevant legislation.

2.2. The prices listed and announced on the Website are the sales prices. Advertised prices and promises are valid until updated or changed.

2.3. The preliminary information form and the invoice on the payment page of the Website are integral parts of this Agreement.

ARTICLE 3 - PRODUCT SUBJECT TO THE CONTRACT

The type and kind of products, quantity, model, color, sales price, payment, invoice and delivery information are as follows.

Basic product specifications, such as model and color, are available on the SELLER's website. The BUYER can review the product's specifications and images on the website as long as the product is still available for sale.

The price below is the sales price of the product including all taxes.

Product Description :

Price of the product including VAT :

Piece :

Shipping Fee* :

*Shipping costs will be determined based on the product price. Since it cannot be calculated in advance, additional costs may be incurred.

Payment Method : Cash/ Credit Card Single Payment/ Credit Card [●] Installment

Total Price (VAT included) :

Delivery Method : Delivery to the address

ARTICLE 4 - GENERAL PROVISIONS

1. The BUYER accepts and declares that he/she has read and understood all the preliminary information regarding the basic characteristics of the product or products subject to the Agreement specified in Article 3, the sales price including taxes, the payment method, delivery time, the terms regarding the right of withdrawal and the full commercial title, MERSİS number, full address, tax number and contact information of the SELLER, is aware of his/her rights and obligations, accepts, declares and undertakes all the articles unconditionally and unconditionally and gives the necessary confirmation electronically, and that this Agreement will not be physically sent to him/her.
2. This Agreement is for retail sales and end-use only. For wholesale orders, even if a preliminary information form and/or sales contract has been created, the SELLER reserves the right to cancel the order and not deliver it.
3. By signing this Agreement, the BUYER confirms that the SELLER has fulfilled its preliminary information obligation regulated under Article 5 of the Regulation; and by confirming the Agreement electronically, it confirms that it has received accurate and complete information regarding the title, address, contact information, MERSİS number, basic features of the ordered products, sales price of the products including all taxes, payment and delivery information, right of withdrawal and the procedure and conditions for exercising the right of withdrawal, which must be given to the BUYER by the SELLER before the conclusion of distance contracts.
4. Except for products specially prepared in accordance with the BUYER's requests, the product(s) subject to this Agreement will be delivered to the BUYER or the person/organization at the address specified by the BUYER within the period specified in the preliminary information, depending on the distance of the BUYER's residence, provided that the legal period of 30 (thirty) days from the date the order reaches the SELLER. However, products specially prepared in accordance with the BUYER's request will be delivered within 3 (three) weeks.
5. The shipping fee for the delivery will be covered by the BUYER, and if the shipping fee is to be covered by the SELLER, this will be stated separately by the SELLER before the conclusion of the Contract.
6. SELLER is responsible for the delivery of the product subject to the Contract, intact, complete and in accordance with the specifications specified in the order.
7. Delivery of the product subject to this contract is subject to acceptance by the BUYER of this Agreement and payment by the BUYER's preferred payment method. If, for any reason, the product price is not paid or is cancelled in bank records, the SELLER will be deemed to be relieved of its obligation to deliver the product.
8. In order to pay by credit card, the BUYER must fill in the credit card information completely and accurately in the relevant section.
9. If, after delivery of the product, the relevant bank or financial institution fails to pay the price of the product on behalf of the SELLER due to the unfair or illegal use of the BUYER's credit card, bank card, debit card or other payment systems offered on the website by unauthorized persons, for reasons not caused by the BUYER's fault, the BUYER is obligated to return the product to the SELLER's contact address within 3 (three) days, provided that it has been delivered to the BUYER. In this case, all shipping costs are the responsibility of the BUYER.
10. In cases where the product in question is not in stock, there are shipping restrictions for a particular product, or payment approval cannot be obtained, the SELLER has the right not to deliver the product in question, provided that the SELLER informs the BUYER of the situation and the total price paid by the BUYER is refunded to the BUYER within 10 (ten) days at the latest.
11. If the SELLER is unable to deliver the product subject to this Agreement within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation interruptions, the SELLER is obligated to notify the BUYER within three (3) days. In such cases, the BUYER may request that the order be canceled, the product subject to this Agreement be replaced with a comparable product, if any, and/or the delivery time be postponed until the impeding condition is resolved. If the BUYER cancels the order, the amount paid, including any delivery costs, will be refunded to the relevant bank within fourteen (14) days at the latest.
12. In cases where the delivery of the product subject to the Contract becomes impossible, the SELLER is obliged to notify the BUYER within 3 (three) days from the date on which it becomes aware of the situation and to refund all payments collected, including delivery costs, if any, within 14 (fourteen) days from the date of notification.
13. This Agreement shall become effective upon acceptance by the BUYER. If the order is electronically confirmed, the BUYER shall be deemed to have accepted all terms of this Agreement.
14. SELLER shall not be held liable for any failure to deliver the ordered product to BUYER due to any problems encountered by the cargo company during the delivery of the product to BUYER. SELLER assumes no liability whatsoever if BUYER is not present at the delivery address specified above, fails to accept the product, or provides an incorrect address. In such cases, SELLER shall be deemed to have fully and completely fulfilled its obligation.
15. If the product in question is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to whom the delivery is made does not accept the delivery or if this person/organization is not present at the address or if any person present at the said organization accepts the delivery on behalf of the BUYER.
16. Within the scope of Articles 4.14 and 4.15, all kinds of damages arising from the BUYER's late delivery of the product and the expenses incurred due to the product being delayed due to the BUYER's fault and/or the return of the product due to non-delivery are the responsibility of the BUYER.
17. BUYER will inspect the goods/services subject to this Agreement before accepting them. Any damaged or defective product, such as one that is crushed, broken, or has torn packaging, will not be accepted by the courier company. Each person accepting the product is responsible for inspecting the product upon receipt and, if any problems arise from the shipping process, refusing to accept the product and having a report prepared by the courier company. Otherwise, SELLER will not accept any liability. If no report is kept indicating that the product is damaged upon delivery, the product will be deemed undamaged and intact.
18. After the BUYER approves this Agreement, the SELLER will send this Agreement and the necessary information to the BUYER's e-mail address specified in this Agreement, and the BUYER will be able to save and store the e-mail content on his/her device.
19. BUYER shall notify its requests and complaints regarding this Agreement verbally or in writing to the SELLER's contact addresses specified in Article 1 of the Agreement.

ARTICLE 5 - RIGHT OF WITHDRAWAL

1. The right of withdrawal cannot be exercised due to the fact that the products sold by the SELLER are jewellery and their return is not suitable for health and hygiene reasons and/or they are goods prepared in line with the BUYER's wishes or personal needs.
2. By entering into this Agreement, the Buyer acknowledges that he/she has been informed of his/her right of withdrawal.

ARTICLE 6 - PROTECTION OF PERSONAL DATA

1. Pursuant to this Agreement, the BUYER may open a membership account on the Website by entering their name, surname, contact information, and similar information. This information is considered "personal data" under Law No. 6698 on the Protection of Personal Data (" KVKK "). Furthermore, the SELLER collects payment information, such as credit card information, to collect the price of the purchased product, in addition to the BUYER's name, surname, and contact information, and address information for delivery. The Seller collects and transfers personal data in this manner for the purpose of performing the services specified under the Agreement, and detailed information regarding this is provided in the Information Notice.
2. SELLER accepts, declares and undertakes to process the personal data collected from the BUYER in accordance with the purpose of this Agreement, in connection with and limited to the purpose for which it is processed, to keep it indefinitely or for a prescribed period, and to delete, destroy or anonymize it upon the request of SELLER if the reasons requiring the processing of personal data are eliminated.

ARTICLE 7 – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

All elements of the Site, including but not limited to design, text, images, HTML code, and other codes (all works in which the SELLER owns the rights and/or works), as well as all content, trademarks, logos, know-how, and all rights arising from legal regulations, belong to the SELLER or are used by the SELLER under license. The BUYER may not copy, modify, display on another site, share, disseminate for any purpose, save, reproduce, process, distribute, market, rent, sell, make available to third parties the access/use of, and/or transmit to third parties any texts, images, all visual, audio, and/or audiovisual elements, interfaces, etc., in short, all and/or part of the content on the Site, and/or any intellectual and industrial products belonging to the SELLER and/or third parties. The Buyer accepts, declares and undertakes that it will not use or allow the use of the content in a way that will cause material or moral harm to the Site and/or SELLER or the persons who own the rights and/or works of the content in accordance with legal legislation and any third party and/or in a way that is contrary to legal legislation, including but not limited to those stated.

ARTICLE 8 – GENERAL PROVISIONS

1. BUYER may not transfer or assign its rights and/or obligations arising from this Agreement to third parties. SELLER may transfer and assign its rights and/or obligations under this Agreement, in whole or in part, to its affiliates.
2. If any provision of this Agreement is deemed invalid or unenforceable, this will not invalidate any other provision of this Agreement other than the invalid or unenforceable provision, nor will it affect the application of the invalid or unenforceable provision to other persons or circumstances where it is otherwise applicable. If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions of this Agreement will remain valid and enforceable to the fullest extent permitted by law.
3. BUYER shall make all notifications under this Agreement in writing to SELLER's communication channels specified in Article 1 of this Agreement. SELLER's notifications under this Agreement shall be made to the e-mail address and/or registered mobile phone number provided by BUYER to SELLER.

ARTICLE 9 – COMPETENT COURT

If the BUYER has a complaint regarding their order and/or the product they ordered and/or any issue related to their order, they may submit their complaints to the SELLER using the contact information provided above. Submitted complaints will be recorded, evaluated by the authorized bodies, and a resolution will be attempted, and a response will be provided as soon as possible. Furthermore, the BUYER may submit complaints and objections to the consumer arbitration committee or consumer court in the place where they purchased the goods or services or where they reside, within the monetary limits set by the Ministry of Commerce of the Republic of Turkey in December each year.

By finalizing the order, the BUYER will have accepted all the terms of this Agreement.

The BUYER accepts and declares that he/she has read all the explanations and conditions written in this Agreement and the preliminary information form that forms an integral part of it, that the basic features, qualifications, service fee, payment method, SELLER and all other preliminary information about the product sold have been explained, and that he/she has prior knowledge of all matters written in this Agreement, including the right of withdrawal, personal information and electronic communication, and that he/she has seen and approved all of them electronically.