Terms of service
ARTICLE 1. PARTIES
Mim Diamond - Mehmet Sefa Demir
Osmanaga Mah. Murvercicek Sok. No:8/6 Kadikoy, Istanbul
Phone: +90 532 449 1780
E-Mail Address: firstname.lastname@example.org
Name and surname:
Hereinafter referred to as "BUYER".
ARTICLE 2. SUBJECT
The subject of this contract is the Law No. 6502 on the Protection of Consumers regarding the sale and delivery of the product, the qualities and sales price of which are stated below, which the BUYER has ordered electronically from the website of the SELLER www.mimdiamond.com (“Internet Site”) and It is the determination of the rights and obligations of the parties in accordance with the provisions of the Regulation on Distance Contracts.
ARTICLE 3 - INFORMATION ON THE BASIC FEATURES, SALES PRICE AND DELIVERY OF THE CONTRACT PRODUCT
The Name, Amount, Sales Price Including VAT and Delivery Information of the Products are as follows.
ARTICLE 4 - GENERAL PROVISIONS
4.1 The BUYER, on the Website, states that the basic characteristics of the product subject to the contract, the sales price including all taxes, the method of payment and the delivery and the costs of this will be covered by the BUYER unless otherwise stated, the delivery time and the full trade name, full address and contact information of the SELLER. declares that he has read the information and is informed, that he has obtained accurate and complete information about the conditions for the use of the right of withdrawal and that he has given the necessary confirmation in the electronic environment.
The BUYER can convey his requests and complaints using the communication channels mentioned above. Complaints and requests will be answered by the SELLER customer services as soon as possible.
BUYER; By confirming this contract electronically, the title, address, contact information that must be given to the BUYER by the SELLER before the conclusion of the distance contracts, the basic features of the ordered products, the sales price of the products including all taxes, payment and delivery information, the right of withdrawal and the use of the right of withdrawal. confirms that he has obtained correct and complete information about the procedures and conditions.
4.2 The product subject to the contract is delivered to the BUYER or the person/organization at the address indicated within the period specified in the preliminary information on the Website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed 30 (thirty) days from the date of order.
4.3 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
4.4 The SELLER cannot be held responsible if the ordered product cannot be delivered to the BUYER due to any problems encountered by the cargo company during the delivery of the product to the BUYER.
4.5 The SELLER is responsible for the delivery of the contracted product in a sound, complete and in accordance with the qualifications specified in the order.
4.6 During the sale of the product on the Internet Site, due to technical or material errors, the product price, product description, product quality, etc. In case of errors in the specifications, the SELLER has the right to cancel the order and return the collected amounts to the BUYER in accordance with the provisions of the relevant legislation.
4.7 Due to the fact that the products offered on the www.mimdiamond.com website are all handmade and the size and size of the ordered jewelry are different, weight, length, width, etc. There may be a difference of ± 20% in its properties after production.
4.8 If the SELLER fails to fulfill its contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, it shall notify the BUYER in writing or with a permanent data store, within three days from the date of learning of this situation, and shall pay all the collected payments, including delivery costs, if any. returns it within fourteen days at the latest from the date of notification.
4.9 In case the fulfillment of the order and/or service becomes impossible at the end of the campaign period, the SELLER reserves the right to supply different products of equal quality and price, with the approval of the BUYER, in order to fulfill the contractual performance obligation,
4.10 Failure of the relevant bank or financial institution to pay the product price to the SELLER due to the unfair or unlawful use of the BUYER's credit card, debit card and/or other payment systems offered on the Website after the delivery of the product by unauthorized persons, not due to the BUYER's fault In the event of an accident, the BUYER is obliged to return the relevant product to the SELLER within 3 (Three) days, provided that it has been delivered to him. In this case, the shipping costs belong to the BUYER.
4.11 If the SELLER cannot deliver the product subject to the contract in due time due to force majeure or extraordinary circumstances such as weather conditions preventing transportation, interruption of transportation, it is obliged to notify the BUYER. In this case, the BUYER has the right to cancel the order and terminate the contract. In case of termination of the contract, the SELLER
a) is obliged to return all payments collected, including delivery costs, to the BUYER in cash and in full, within 14 (Fourteen) days following the receipt of the notice of termination.
4.12 In cases where it becomes impossible to fulfill the performance of the goods or services subject to the order pursuant to the 4th paragraph of the 16th article of the Distance Contracts Regulation No. 29188, which entered into force on 27.02.2015, within three days from the date the seller or the supplier learns about this situation, the consumer is notified in writing or in a permanent data storage. and to return all collected payments, including delivery costs, if any, within fourteen days at the latest from the date of notification.
4.13 In cases where the BUYER uses his right of withdrawal, or in cases where the product subject to the order cannot be supplied for various reasons, or in cases where the decision of the arbitral tribunal is decided to refund the BUYER, the SELLER pays the price of the product to the Bank at once, if the shopping is made with a credit card and in installments. . In how many installments the BUYER has bought the product, the Bank makes the repayment to the BUYER in the same installments. In wire transfer/EFT or payment at the door options, the refund will be made in the form of wire transfer and EFT to the account specified by the Consumer (the account must be in the name of the person at the billing address or in the name of the user member) by requesting bank account information from the Consumer.
ARTICLE 5 - RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract within 14 (Fourteen) days without giving any reason.
Pursuant to Article 15 of the Distance Contracts Regulation, there is no right of withdrawal (right of cancellation and return) in ring and all other jewelry orders, depending on legal conditions, since the ring size and other jewelry are custom-made. However, for mimdiamond.com specific orders, cancellations and refunds are made with a 50% deduction. However, there is no right of withdrawal for wedding rings with inscriptions.
The period of the right of withdrawal, in contracts related to the performance of service, the day the contract is established; In contracts for the delivery of goods, it starts on the day the consumer or the third party determined by the consumer receives the goods. However, the consumer may also use the right of withdrawal within the period from the conclusion of the contract to the delivery of the goods.
In determining the period of the right of withdrawal;
The delivery of the goods by the seller to the carrier is not considered as delivery to the consumer.
In contracts where the delivery of goods and the performance of services are made together, the provisions of the right of withdrawal regarding the delivery of goods are applied.
In order to exercise the right of withdrawal, the SELLER must be notified by telephone or e-mail within 14 (fourteen) days and the product is not within the scope of the provisions of Article 15 titled "Exceptions to the Right of Withdrawal" of the Regulation on Distance Contracts published in the Official Gazette on 27.11.2014, and It must be of a quality that can be offered for resale by the SELLER. If this right is exercised;
a) The invoice of the product delivered to the 3rd person or the BUYER, (If the invoice of the product to be returned is corporate, it must be sent to the SELLER within 10 (Ten) days together with the return invoice issued by the institution. It will not be completed if the RETURN INVOICE is not issued)
b) The products to be returned within 10 (ten) days from the submission of the right of withdrawal request, must be returned to the SELLER completely and undamaged, together with the box, packaging, certificates, gift products and accessories, if any, and gift certificates. If any of these materials is not sent or is damaged even if it is caused by the transport company, the cost of the material is deducted from the return amount and the return process is completed. The BUYER should learn which route to follow for these transactions by contacting the contact information specified with the SELLER.
The carrier stipulated within the scope of the right of withdrawal is Yurtiçi Kargo.
The product price is returned to the BUYER within 14 (fourteen) days following the receipt of the SELLER's right of withdrawal request.
ARTICLE 6 - PRODUCTS THAT CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL
a) Contracts for goods prepared in line with the wishes or personal needs of the consumer. For this reason, upon the request of the BUYER, when a special production is made in a color different from the metal color offered on the website, or in special orders placed outside the ring size range, necklace and bracelet size offered on the website, in marriage wedding rings with inscriptions, or in the case of the ordered product. After the delivery to the BUYER, when transactions such as changes in ring size, necklace, bracelet size and model are made in line with the BUYER's request, these goods specially produced in line with the customer's special requests and perfumes with opened gelatin fall within the scope of products for which the right of withdrawal cannot be exercised. In accordance with Article 15 of the Regulation on Distance Contracts, ring size and other jewelry are custom-made for rings and all other jewelry orders.
There is no right of withdrawal (right of cancellation and return) depending on legal conditions. However, for mimdiamond.com specific orders, cancellations and refunds are made with a 50% deduction. However, there is no right of withdrawal for wedding rings with inscriptions.
b) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the SELLER or the provider.
c) Contracts for the delivery of perishable or expired goods.
d) From the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts for the delivery of those whose return is unsuitable in terms of health and hygiene.
e) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
f) Contracts for books, digital content and computer consumables offered in material environment, if protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
g) Contracts for the delivery of periodicals such as newspapers and magazines, excluding those provided under the subscription contract.
h) Contracts for accommodation, transportation of goods, car rental, food and beverage supply and the use of leisure time for entertainment or rest, which must be made on a certain date or period.
i) Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.
j) Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
k) Products delivered to an address outside the Turkish Customs Area as a result of the buyer's declaration of an overseas delivery address are not within the scope of return.
ARTICLE 7 - APPLICATIONS REGARDING DISPUTES
If the BUYER has a complaint about his order and/or the product subject to his order and/or his order, he can convey his complaints to the SELLER via the above-mentioned contact information. Complaint applications submitted will be recorded, evaluated by the authorized units and tried to be resolved, and a response will be provided as soon as possible. In addition, the BUYER submits its applications regarding complaints and objections to the T.C. Within the monetary limits determined by the Ministry of Customs and Trade in December every year, the consumer can bring the problems to the arbitral tribunal or the consumer court in the place where he/she purchases the goods or services or where he/she resides.
Mim Diamond - Mehmet Sefa Demir
Osmanaga Mah. Murvercicek Sok. No:8/6 Kadikoy, Istanbul
Telephone: +90 532 449 1780