Distance Selling Agreement
DISTANCE SALES AGREEMENT
This Distance Sales Agreement (“Agreement”) has been prepared in accordance with Turkish Consumer Protection Law No. 6502 and the Distance Contracts Regulation published in the Official Gazette No. 29188 dated 27.11.2014 (“Regulation”), for purchases made via www.pacaljewelry.com.
ARTICLE 1 – PARTIES
SELLER
Name / Trade name: Filiz Paçal – PACAL Jewelry
Tax office / Tax ID: Bodrum / 7190049003
Address: Geriş Mah. 6458 Sk. No: 8C, Bodrum / Muğla / Türkiye
Phone / WhatsApp: +90 535 301 06 31
E-mail: cigdem@pacaljewelry.com
BUYER
The name, delivery/billing address, phone number and e-mail address entered by the Buyer at checkout apply.
ARTICLE 2 – SUBJECT
This Agreement sets out the rights and obligations of the parties regarding the sale and delivery of the products ordered by the Buyer electronically via www.pacaljewelry.com.
ARTICLE 3 – PRODUCTS
The type, quantity, color, model, price including VAT, payment method and delivery details of the products are shown on the checkout page approved by the Buyer before completing the order, and in the order confirmation e-mail. The main characteristics of each product can be reviewed on its product page at www.pacaljewelry.com.
ARTICLE 4 – GENERAL TERMS
4.1 The Buyer confirms having read and electronically approved all preliminary information regarding the products, price, payment, delivery and the Seller.
4.2 By confirming the order, the Buyer accepts the obligation to pay.
4.3 The Seller delivers the products complete, undamaged and as described. Orders are usually shipped within 1–3 business days; delivery will in any case not exceed the legal limit of 30 days from the order date.
4.4 If payment is not completed or is cancelled in bank records, the Seller’s obligation to deliver ends.
4.5 If, after delivery, the amount is not paid to the Seller by the bank because the Buyer’s payment instrument was used fraudulently by unauthorized persons, the Buyer returns the product to the Seller; the shipping cost is covered by the Seller.
4.6 Products are delivered to the address and person specified by the Buyer. The Seller is not responsible if the person designated by the Buyer refuses delivery.
4.7 The Seller is responsible for any loss or damage occurring during shipping until the product is delivered to the Buyer or the person designated by the Buyer. If a package appears damaged, the Buyer is advised to have a report drawn up by the courier before accepting it and to inform the Seller; a damaged product will be replaced free of charge or refunded.
4.8 If supplying the ordered product becomes impossible, the Seller will inform the Buyer in writing or by e-mail within 3 days of becoming aware of it and refund all payments within 14 days of the notice. No product other than the one ordered will be sent without the Buyer’s explicit consent.
4.9 If delivery cannot be made due to force majeure (natural disaster, epidemic, transport disruption, strike, etc.), the Seller will inform the Buyer, who may cancel the order or request postponement. In case of cancellation, the payment is refunded within 14 days to the original payment method.
4.10 This Agreement enters into force when approved electronically by the Buyer.
ARTICLE 5 – RIGHT OF WITHDRAWAL, RETURNS AND EXCHANGES
5.1 The Buyer may withdraw from the Agreement within 14 days of receiving the product, without giving any reason and without penalty. Notice of withdrawal may be given within this period by e-mail (cigdem@pacaljewelry.com), WhatsApp or via “My Orders” in the PACAL account. An exchange may also be requested within the same period. This right applies to all products, rings included.
5.2 The Buyer sends the product back to the Seller within 10 days of the withdrawal notice, together with the invoice and, where possible, the original box. The Buyer is not liable for changes or deterioration resulting from examining the product in line with its instructions for use, but is liable for any loss of value resulting from use beyond normal examination.
5.3 Return and exchange shipping within Turkey is covered by PACAL.
5.4 The Seller refunds all payments received, including delivery costs, within 14 days of receiving the withdrawal notice, using the Buyer’s original payment method and at no cost to the Buyer. The time it takes for the refund to appear depends on the Buyer’s bank.
5.5 Return or exchange requests made after the withdrawal period are not accepted.
ARTICLE 6 – EXCEPTIONS TO THE RIGHT OF WITHDRAWAL
In accordance with Article 15 of the Regulation, the right of withdrawal does not apply to products prepared or personalized according to the Buyer’s requests or personal needs (e.g. pieces made to order with a name, letter or custom size). Standard collection pieces are not covered by this exception.
ARTICLE 7 – PERSONAL DATA
7.1 Personal data shared by the Buyer during the order process is processed under Law No. 6698 on the Protection of Personal Data.
7.2 The Seller processes personal data only to perform this Agreement and fulfil legal obligations, and deletes, destroys or anonymizes it once the purpose of processing ends.
7.3 For details, see the Privacy Policy.
ARTICLE 8 – DISPUTE RESOLUTION
Disputes arising from this Agreement are handled by the Consumer Arbitration Committees at the Buyer’s or Seller’s place of residence within the monetary limits announced annually by the Ministry of Trade, and by Consumer Courts above those limits.
ARTICLE 9 – INTERNATIONAL ORDERS
Shipping to destinations outside Turkey is a flat 1,250 TL. Customs duties and taxes are determined by the destination country and are paid by the Buyer. Returns and exchanges are not accepted for international orders.
By completing the order, the Buyer declares having read, understood and electronically accepted all terms of this Agreement.