Distance Selling Agreement

DISTANCE SALES AGREEMENT

This Agreement governs the rights and obligations of the parties regarding the sale and delivery of the products/services (" Product/Products") specified below, which the BUYER (Consumer) wishes to purchase by placing orders on the SELLER's e-commerce website www.yunkajewelry.com (all of the aforementioned channels will hereinafter be referred to as the "WEBSITE"), including transactions made via telephone or WhatsApp, and other related matters. After the BUYER approves this Agreement on the WEBSITE, the price and costs of the ordered Product(s) will be collected via the payment method chosen by the BUYER.

Article 1 - PARTIES

SALES PERSON

Company Name: Yunka Jewelry Limited Company

Address: Bostancı Mahallesi, Emin Ali Paşa Caddesi, No: 87/B Kadıköy - Istanbul | Turkey

Mobile: +90 850 840 94 99

Email : info@yunkajewelry.com

Bank Account: TR19 0001 5001 5800 7348 7614 07 - VakıfBank

BUYER

Name, Surname/

Title:

Address:

Telephone :

Email:

Article 2 - SUBJECT OF THE AGREEMENT: PRODUCT, PRICE, PAYMENT AND DELIVERY

The type and kind of products (goods/services), quantity, brand/model/color, unit price(s), sales price, payment (collection) information, and delivery information, including the delivery location specified by the BUYER, are as stated below. If the shipping company does not have a branch in the BUYER's location, the BUYER must pick up the goods from another nearby branch to be notified by the SELLER (the BUYER will be informed about this via email, SMS, or telephone). Other matters related to delivery are specified in Article 7 of the Agreement below.

Product/Service Description Price

Delivery Information

Payment Method: CREDIT / DEBIT CARD

Card Number

Delivery Address:

Billing Information :

Recipient:

Billing Address:

Telephone :

Email:

Article 3 - Matters of Which the BUYER HAS BEEN INFORMED IN ADVANCE

The BUYER confirms that, prior to the establishment of this Agreement by the BUYER's acceptance on the WEBSITE and before placing an order and incurring payment obligations, they have been informed by viewing and examining all general and specific explanations on the relevant pages/sections of the WEBSITE.

- Seller's title, contact information, and current identifying information,

- Appropriate tools and methods for the stages of the sales process when purchasing the product(s) from the WEBSITE and for correcting incorrectly entered information.

- The SELLER's professional association (Istanbul Chamber of Commerce - ITO) and the electronic contact information from which the ITO can obtain information regarding the codes of conduct it prescribes for the profession (Telephone: 4440486, www.ito.org.tr)

- The privacy, data usage-processing, and electronic communication rules applicable to the BUYER's information applied by the SELLER, the BUYER's permissions given to the SELLER in these matters, the BUYER's legal rights, the SELLER's rights, and the methods of exercising the rights of the parties,

- Shipping restrictions imposed by the SELLER for the products,

- The payment methods accepted by the SELLER for the Product(s) subject to this contract, the basic features and characteristics of the Products, and the total price including taxes (the total amount to be paid by the BUYER to the SELLER, including related costs),

- Information regarding the procedures for delivering the products to the BUYER and the shipping, delivery, and cargo costs.

- Other payment/collection and delivery information related to the products, and information regarding the performance of the Contract, the commitments and responsibilities of the parties in these matters,

- Products and other goods/services for which the BUYER does not have the right to withdraw,

- In cases where the BUYER has the right to withdraw from the contract, the conditions, duration and procedure for exercising this right, and the fact that the BUYER will lose the right to withdraw if it is not exercised within the specified period,

- In the case of Products subject to withdrawal rights, if the Product is damaged or altered within the withdrawal period due to misuse according to the instructions, normal operation, or technical specifications, the BUYER's withdrawal request may not be accepted, and in all cases, the BUYER shall be liable to the SELLER. In cases where the SELLER accepts the offer, the SELLER may deduct an amount deemed appropriate from the refund to the BUYER to cover the damage or alteration.

- In cases where the right of withdrawal exists, how the BUYER can return the Products to the SELLER and all related financial matters (return methods, costs, refund of the Product price, and any reward points earned/used by the BUYER during the return process, free products in promotional sales, other free/discounted/reduced opportunities provided, gift certificates, etc., including any discounts and offsets that may be applied to the refund to the BUYER, and any additional charges from the BUYER if necessary),

- If the BUYER is a legal entity, it cannot exercise its "consumer rights," including the right of withdrawal, for Products purchased for commercial or professional purposes (for example, bulk purchases are always considered to be of this nature).

- Depending on their nature, all other sales terms included in this Agreement, once established by the BUYER's approval on the WEBSITE, will be sent to the BUYER via email and may be stored and accessed by the BUYER for the requested period, and the SELLER may also store them for a period of three years.

- Privacy, personal data and electronic communications procedures and practices,

- In case of disputes, the BUYER can submit complaints to the SELLER using the provided contact information, and can also file legal applications to the District/Provincial Arbitration Boards and Consumer Courts in accordance with the relevant provisions of Law No. 6502.

Article 4 - Right of Withdrawal

The BUYER has the right to withdraw from this Agreement within fourteen (14) days from the date of receipt of the Product without giving any reason and without paying any penalty.

However, legally, the right of withdrawal does not apply to contracts for the following goods/services, even if they have not been used/utilized: a) Goods prepared according to the BUYER's specific requests or personal needs and specifications (including those modified or supplemented to make them specific to the individual/personal needs, and special products imported/procured domestically or abroad based on the BUYER's order) b) Cosmetics, etc., and chocolates, etc. The right of withdrawal cannot be exercised for the following items: c) goods that are perishable or may expire quickly, such as food items; d) goods whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery and whose return is not suitable for health and hygiene reasons; e) goods that are mixed with other products after delivery and cannot be separated by their nature; f) all services performed instantly in electronic form and all intangible goods delivered instantly to the consumer; g) goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller/provider; h) services whose performance has begun within the withdrawal period with the BUYER's approval; and i) other goods and services generally considered outside the scope of distance selling according to the relevant legislation, and cases where the BUYER makes a purchase for commercial/professional purposes. j) In particular, the BUYER cannot exercise the right of withdrawal for all rings, as they will be adjusted according to the finger size chosen by the BUYER during the order, products produced according to the BUYER 's special requests and demands, or products that have been modified or customized to the individual, and products without workmanship.

In cases where the right of withdrawal is applicable, the BUYER is legally responsible for any changes or damage that occur if the product is not used in accordance with its operation, technical specifications, and usage instructions within the withdrawal period. Accordingly, if any changes or damage occur due to the product not being used in accordance with its usage instructions, technical specifications, and operation during the period up to the withdrawal date, the BUYER may lose their right of withdrawal; if accepted by the SELLER, a deduction will be made from the refund amount for the product equal to the extent of the change/damage.

In cases where a right of withdrawal exists, the BUYER must send a written notice to the SELLER within the legal period of 14 days stating that they are exercising their right of withdrawal. If this right is exercised within the specified period, the Product must be sent to the SELLER's address above within a maximum of ten (10) days, at the expense of the BUYER.

For this return process, the Product must be delivered complete and undamaged, including its box, packaging, and any standard accessories. Furthermore, in accordance with tax regulations, a Return Invoice must be issued by the BUYER in certain cases, and the section regarding the return, as specified below, must be completed and signed on the invoice accompanying the return. Returns requiring a return invoice will not be accepted if a return invoice is not issued.

"The address to which the product should be returned is the SELLER's address / the address of the shipping company to which the return should be delivered."

Provided that the BUYER fulfills the requirements stated above, the product price and, if applicable, the delivery costs of the product to the BUYER will be refunded to the BUYER within 14 days from the date the cancellation notice is received by the SELLER, in a manner consistent with the payment method used by the BUYER when purchasing the product.

The BUYER's legal rights and responsibilities regarding the Products after the withdrawal period, and the SELLER's contractual and statutory rights and obligations, including those relating to reward points and free/discounted/reduced sales, as well as collection and offsetting rights, from the BUYER, are also existing and valid.

Article 5 - SPECIAL CONDITIONS APPLICABLE IN CASES WHERE THE BUYER EARNS REWARD POINTS AND/OR MAKES PAYMENT TO THE SELLER USING REWARD POINTS WHEN PURCHASING THE PRODUCT SUBJECT TO THIS AGREEMENT

5.1. If there is an existing agreement or contract between the BUYER and the SELLER with an organization that awards reward points, etc., allowing the reward points to provide discounts, etc., on purchases made through the SELLER's WEBSITE, and the BUYER has earned such reward points as a result of this purchase pursuant to the SELLER's said agreement and also the BUYER's own agreement with the aforementioned organization, then in cases where this Agreement is terminated or the order is cancelled and a refund is required to the BUYER, the amount (monetary value) of the reward points, gifts, and similar items earned by the BUYER through this purchase will be recovered from the BUYER.

Specifically, unless a different method is stipulated in the SELLER's agreement with the relevant organization, this refund process will be carried out by first deducting the amount from the BUYER's existing reward points (excluding those earned through the purchase subject to this Agreement) with the said organization/system, if any; otherwise, the amount will be deducted from the cash amount to be refunded by the SELLER to the BUYER.

5.2. If the payment for the Product subject to this Agreement has been made partially or completely to the SELLER using reward points, etc., and in cases where the Product purchased in this manner is returned to the BUYER in accordance with the relevant provisions of this Agreement, the reward points and similar assets used by the BUYER with the SELLER when purchasing the Product on the WEBSITE may be returned to the BUYER (again as points), unless the SELLER has a different agreement with the relevant organization.

5.3. As a general rule, in cases where it is determined that the BUYER has obtained or used reward points unfairly in any way, the monetary value of said reward points may be collected by the SELLER from the BUYER (by credit card, cash, or other legal methods). This provision also applies to the price of goods given as gifts by the SELLER to the BUYER as a result of the implementation of such a system.

5.4. The earning and use of reward points and similar items, as well as other related matters, are subject to the terms of the agreements between the organization in question and the BUYER and SELLER. In such cases, the SELLER may exercise all rights and powers specified herein and in the aforementioned agreements against the BUYER and the organization, and may also carry out related transactions on behalf of and/or for the account of the organization and/or other businesses in the same system.

5.5. Requests for cash in exchange for reward points, gift certificates, etc., earned from or used with the SELLER will not be accepted under any circumstances.

5.6. The SELLER accepts no liability for any disputes between the BUYER and the aforementioned entities, or for any material, legal, financial, or non-financial consequences thereof; the above provisions remain valid and in effect.

5.7. The above provisions shall also apply by analogy to the earning and use of reward points, if any, obtained by the Consumer directly from the SELLER.

All consumers who earn reward points from the WEBSITE/SELLER or use reward points etc. in payments to the SELLER, thereby becoming the BUYER, also accept the above specific terms and conditions.

Article 6 - RULES REGARDING SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The following privacy rules, policies, and terms and conditions, which are current in nature, apply to the protection, confidentiality, processing, use of information, communications, and other matters on the WEBSITE.

6.1. Necessary measures for the security of information and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure on the SELLER's side, in accordance with the nature of the information and transaction and within the limits of current technical capabilities. However, since the said information is entered from the BUYER's device, the responsibility for taking necessary precautions, including those related to viruses and similar harmful applications, to protect this information and prevent access by unauthorized persons rests with the BUYER.

6.2. In addition to and as confirmation of the BUYER's other consents and approvals regarding personal data and commercial electronic communications; the information obtained by the SELLER during the BUYER's membership and purchases on the WEBSITE may be recorded, stored in printed/magnetic archives, updated when deemed necessary, shared, transferred, used, and processed in other ways by the SELLER, its group companies, and third parties it deems appropriate, for the purpose of providing various products/services and for all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card and membership applications, and other electronic and commercial-social communications, indefinitely or for a period they deem appropriate. This data may also be transmitted to the relevant Authorities and Courts in cases required by law. The BUYER consents to and authorizes the use, sharing, and processing of their existing and new personal and non-personal information within the scope described above, in accordance with the legislation on the protection of personal data and electronic commerce legislation, and to receive commercial and non-commercial electronic and other communications.

6.3. The BUYER may stop the processing of data and/or communications at any time by contacting the SELLER through the specified communication channels, or by exercising their right to refuse communications through the same channels in accordance with legal procedures or by using the right to refuse in electronic communications sent to them. According to the BUYER's explicit notification in this regard, personal data processing and/or communications to them will be stopped within the maximum legal period; furthermore, if desired, information other than that which must be legally retained and/or is possible to retain will be deleted from the data recording system or anonymized in a way that prevents identification. If the BUYER wishes, they may contact the SELLER at any time through the above communication channels and obtain information regarding the processing of their personal data, the persons to whom it is transferred, correction of incomplete or incorrect data, notification of corrected information to relevant third parties, deletion or destruction of data, objection to a result arising against them through analysis by automated systems, and compensation for damages incurred due to unlawful processing of data. Applications and requests regarding these matters will be fulfilled within the maximum legal periods, or may be rejected with a legal justification explained to the BUYER.

6.4. All intellectual and industrial property rights and ownership rights regarding all information and content on the WEBSITE, and their arrangement, revision, and partial/complete use, belong to the SELLER, except for those belonging to other third parties according to the SELLER's agreement.

6.5. The SELLER reserves the right to make any changes it deems necessary regarding the above matters; these changes shall be effective from the moment they are announced by the SELLER on the WEBSITE or through other appropriate methods.

6.6. Other websites accessed through the WEBSITE are subject to their own privacy and security policies and terms of use; the SELLER is not responsible for any disputes or negative consequences that may arise from them.

Article 7 - GENERAL PROVISIONS

7.1. The Product subject to this Contract will be delivered to the BUYER or to a third party/organization at the address indicated on the WEBSITE, in accordance with the principles stated below, provided that the legal 30-day period is not exceeded.

The SELLER ships and delivers the Products via its contracted courier company. If this courier company does not have a branch in the BUYER's location, the BUYER must pick up the Product from another nearby branch of the courier company, as indicated by the SELLER.

Products in stock will be delivered to the shipping company within seven (7) days at the latest from the order date, to the person and address specified by the CONSUMER during the order. Shipping companies deliver the shipments they receive from the SELLER to the BUYERS within an average of 5 (five) business days under normal conditions, although this may vary depending on the distance.

7.2 In general, and unless explicitly stated otherwise, delivery costs (shipping fees, etc.) are the responsibility of the BUYER. Depending on the campaigns the SELLER is running at the time of sale and whose terms are announced on the WEBSITE, the SELLER may choose not to pass on all or part of these delivery costs to the BUYER. In cases where the right of withdrawal is exercised for all or part of the ordered products (if applicable, if the BUYER has benefited from a free shipping (delivery) campaign), and the purchase amount falls below the minimum threshold, the entire uncollected delivery/shipping cost under the campaign will be deducted from the amount to be refunded to the BUYER (if the BUYER has paid delivery/shipping costs, this cost will be refunded). Similarly, in cases where the BUYER has received a discount or a free product of the same nature by purchasing below the minimum threshold of any SELLER campaign, or received a gift certificate, etc. In all cases where the buyer has earned/used a gift voucher or points, and the right of withdrawal is exercised for all or part of the ordered products, resulting in the minimum purchase price falling below the minimum amount or the condition for earning/using a gift voucher or similar item being eliminated in any way, thus, in general terms, if the buyer has violated or failed to comply with the terms of the campaign, the entire amount of the discount (and the value of any gift product, if applicable) will be deducted from the amount to be refunded to the buyer, and if this is insufficient, it will be collected from the payment method used during the purchase (including credit cards, etc.); if the buyer has earned a gift voucher, points, etc. (virtual/physical) as a result of the purchase, this will be cancelled, and if the buyer has used a gift voucher, points, etc. (virtual or physical), the entire value will be deducted from the amount to be refunded to the buyer, and if this is insufficient, it will be collected as described above. These provisions apply equally to all cases of product return, except for defective products, in addition to cases where the right of withdrawal is exercised.

7.3. If the BUYER is not present at their address at the time of delivery and the persons at the address refuse delivery, the SELLER shall be deemed to have fulfilled its obligation in this regard. If there is no one at the address to receive the delivery, it is the BUYER's responsibility to contact the shipping company and track the shipment. If the product is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the recipient is not present at the address or refuses delivery.

In these cases, any damages resulting from the BUYER's delayed receipt of the Product, as well as expenses incurred due to the Product waiting at the shipping company and/or the return of the shipment to the SELLER, shall be borne by the BUYER.

7.4. The BUYER is responsible for inspecting the Product upon receipt and, if any problems or defects are found, for refusing to accept the Product and having a report drawn up by the shipping company representative. Otherwise, the SELLER will not accept responsibility.

7.5. Unless otherwise stipulated in writing by the SELLER, the BUYER must have paid the full price of the Product before taking delivery. In cash sales, if the full price of the Product is not paid to the SELLER before delivery, or in installment sales, if the due installment amount is not paid, the SELLER may unilaterally cancel the contract and not deliver the Product.

If, for any reason after product delivery, the Bank/financial institution to which the credit card used for the transaction belongs fails to pay the product price to the SELLER or requests a refund of the amount paid, the product must be returned to the SELLER by the BUYER within 3 days at the latest. If the non-payment of the product price is due to a fault or negligence of the BUYER, the shipping costs will be borne by the BUYER. The SELLER reserves all other contractual and legal rights, including the right to pursue the product price claim, in case of refusal to accept the return.

To avoid any doubt; in cases where the BUYER pays the purchase price with a credit card, installment card, etc., issued by a bank (including financial institutions), all facilities provided by these cards are credit and/or installment payment options provided directly by the issuing institution; product sales made within this framework, where the SELLER collects the price in full or in installments, are not considered credit or installment sales for the parties to this Agreement, but rather cash sales. The SELLER's legal rights in cases legally considered installment sales (including the right to terminate the contract and/or demand payment of the entire remaining debt with default interest in case of non-payment of installments) are existing and reserved within the framework of the relevant legislation. In case of default by the BUYER, default interest will be applied at a monthly rate as stipulated by applicable laws.

7.6. If the Product cannot be delivered within the legally mandated maximum period of 30 days due to extraordinary circumstances (such as adverse weather conditions, heavy traffic, earthquakes, floods, or fires) outside of normal sales/delivery conditions, the SELLER will inform the BUYER regarding the delivery. In this case, the BUYER may cancel the order, order a similar product, or wait until the extraordinary circumstances end.

7.7. If the SELLER realizes that it cannot supply the Product subject to the Contract, it may supply another product/service of equal quality and price, provided that it informs the BUYER clearly within three (3) days from the date it learns of this situation and obtains the BUYER's verbal/written approval, and it shall be deemed to have fulfilled its Contractual obligation in this way. The BUYER is free to give or withhold such approval, and in the event that approval is not given, the contractual and legal provisions regarding order cancellation (Contract termination) shall apply.

7.8. In case of order cancellations and contract terminations, including those in accordance with the contract and law, if the product price has been collected, it will be refunded to the BUYER within a maximum of 14 days. The following rules apply. The refund will be made in a manner consistent with the payment method used by the BUYER to pay the SELLER for the product price. For example, in the case of credit card payments, the refund will be made to the BUYER's credit card, and the product amount will be returned to the relevant bank within the same period after the order is canceled by the BUYER; since the reflection of this amount in the BUYER's account after the refund process is carried out by the SELLER is entirely related to the bank's processing time, the BUYER acknowledges in advance that the SELLER cannot intervene in any way or assume responsibility for possible delays (banks' processes for reflecting the refund in the BUYER's account can generally take up to three weeks).

The SELLER reserves the right to offset, deduct, and reduce the amount to be refunded, as arising from this Agreement and the law. The BUYER also reserves and retains its legal rights in cases where the Agreement is terminated by the BUYER due to the SELLER's failure to perform its obligations.

7.9. The BUYER may submit requests and complaints regarding the product and the sale to the SELLER in writing by contacting the SELLER through the communication channels specified in the introductory section of the Agreement.

7.10. Some of the matters mentioned in item 3 above may not be included in this Agreement due to their nature; however, they are included in the Preliminary Information viewed/approved by the BUYER on the WEBSITE, as well as in the information pages/sections of the WEBSITE – depending on the sales stages or general information.

7.11. The BUYER may access and review the aforementioned Information and this Agreement at any time by saving the email sent to the email address provided after acceptance on their device. On the other hand, it will be kept in the SELLER's systems for a period of three years.

7.12. In resolving any disputes arising from this Agreement and/or its implementation, the SELLER's records (including records on magnetic media such as computer and audio recordings) shall constitute evidence; the parties' rights arising from relevant mandatory legal regulations in this regard shall remain valid and reserved.

Article 8 - LEGAL REMEDIES OF THE BUYER - COMPETENT JUDICIAL AUTHORITIES

In case of disputes arising from this Agreement, the Provincial and District Consumer Arbitration Boards shall have jurisdiction within the monetary limits determined and announced annually by the Ministry of Customs and Trade as required by law, and the Consumer Courts of Istanbul Anatolian Courthouse shall have jurisdiction in cases exceeding these limits. Within this framework, the BUYER may apply to the Arbitration Boards and Consumer Courts located in their place of residence or, if they so choose, in the place of residence of the SELLER.

The BUYER acknowledges and declares that they have read all the terms and conditions written in this Agreement and the order-contract pre-information forms (on the WEBSITE) which form an integral part of it, and that they are aware of all the matters written in Article 3 of this Agreement, including the basic features and characteristics of the Product(s) subject to sale, the sales price, the payment method, the delivery conditions, all other pre-information and notifications regarding the SELLER and the Product subject to sale, the right of withdrawal, and the conditions regarding personal information, electronic communication, and reward points; that they have seen all of this electronically on the WEBSITE; and that by ordering the Product and giving their electronic confirmation, approval, acceptance, and consent to all of these, they accept the terms of this Agreement.

Both the aforementioned preliminary information and this Agreement are also sent to the email address provided by the BUYER to the SELLER, and the confirmation of receipt of the order, along with the order summary, is also included in the said email.