Distance Sales Agreement
This Distance Sales Agreement ("Agreement") sets out the terms and conditions governing the online sale and delivery of jewellery products purchased through the official Kayalar Jewellery website at kayalarkuyumculuk.com.
This Agreement is prepared with reference to Türkiye's Consumer Protection Law No. 6502 and the Distance Contracts Regulation. For international sales, any mandatory consumer protection legislation applicable to the relevant transaction must also be respected.
Before placing an order, the customer must be provided with the relevant pre-contractual information concerning the jewellery, its total price, payment terms, shipping arrangements, delivery conditions, applicable withdrawal rights and other legally required matters.
The transaction-specific information presented and agreed during checkout forms part of the relevant sales arrangements. This Agreement does not override any mandatory rights granted to consumers under applicable law.
1. Parties to the Agreement
1.1. Seller
Kayalar Jewellery
Seller / Brand: Kayalar Jewellery
Website: kayalarkuyumculuk.com
Address:
Dereboğazı, Alparslan Türkeş Cd.
54300 Hendek, Sakarya, Türkiye
Email: [email protected]
Phone: +90 264 614 06 58
WhatsApp: +90 507 650 06 58
1.2. Buyer / Customer
The Buyer is the individual or legal entity placing an order through the Kayalar Jewellery website and providing the relevant identification, contact, billing and delivery information during the purchasing process.
The Buyer's details are recorded in the relevant electronic order information, checkout records and applicable pre-contractual documentation.
Where the Buyer is a natural person purchasing goods for purposes outside their trade, business or profession, the Buyer may qualify as a consumer under applicable legislation. Purchases made for commercial or professional purposes may be subject to different legal provisions.
2. Subject of the Agreement
The purpose of this Agreement is to establish the respective rights and obligations of the Seller and Buyer concerning the online sale, payment and delivery of jewellery products ordered through the Kayalar Jewellery website.
The products covered by the Agreement are those identified in the Buyer's order confirmation and the relevant transaction records.
Product-specific information may include the jewellery category, design, gold purity, approximate weight, dimensions, gemstone details, quantity, selected options, applicable price and any agreed personalisation or preparation requirements.
The relevant order summary and pre-contractual information identify the payment method, transaction currency, delivery address, applicable shipping charges and other conditions agreed for the purchase.
3. Formation of the Sales Contract
Before placing an order, the Buyer is expected to review the relevant product details, selected options, purchasing conditions and information concerning the payment obligation arising from the transaction.
The website's checkout procedure must clearly indicate when the Buyer is placing an order that involves an obligation to pay.
The sales contract is formed through the applicable electronic ordering and acceptance process, subject to the requirements of mandatory law and the relevant terms presented during checkout.
Payment authorisation, order confirmation and any necessary transaction verification procedures are handled according to the payment method selected and the applicable sales conditions.
Where an obvious technical error, material pricing error or unsuccessful payment affects an order, the circumstances will be reviewed and the Buyer informed where appropriate.
No provision of this Agreement permits the arbitrary cancellation or unilateral alteration of a legally binding purchase in a manner prohibited by applicable consumer protection legislation.
4. Products Covered by the Agreement
The essential characteristics of the jewellery purchased are specified on the relevant product page and in the order information available during checkout.
Depending on the product, these characteristics may include gold purity, approximate gram weight, dimensions, gemstone specifications, colour, craftsmanship, design features and other relevant information.
Minor differences may arise between individual jewellery pieces as a result of manufacturing methods, craftsmanship, natural gemstone characteristics or reasonable production tolerances.
Product photographs are intended to represent the jewellery accurately. However, screen settings, photographic lighting and display technology may result in slight differences in perceived colour or appearance.
Any permitted variation must remain consistent with the contractual description and applicable product conformity requirements. These provisions do not remove the Buyer's statutory rights concerning defective or incorrectly described goods.
5. Product Prices & Total Purchase Amount
The purchase price is determined by the amount displayed and agreed during the relevant checkout process, together with any additional charges lawfully disclosed before the order is completed.
The applicable order summary should identify the product price, transaction currency, relevant taxes included in the price, discounts, shipping charges and the total amount payable to Kayalar Jewellery.
Shipping is free for delivery addresses within Türkiye. Orders delivered outside Türkiye are subject to international shipping charges, which vary according to the destination, product characteristics and available delivery arrangements.
International purchases may also involve import duties, local taxes, customs clearance charges or other destination-specific costs. Whether these charges are included in the amount payable at checkout or collected separately depends on the agreed delivery conditions and applicable legal requirements.
Any additional costs for which the Buyer may be responsible must be communicated as required by law before the purchase is completed.
Gold and jewellery prices may fluctuate because of changes in precious metal markets, foreign exchange rates, gemstone characteristics, product weight and craftsmanship costs.
Subsequent changes in market prices do not automatically alter the agreed price of an existing sales contract.
6. Payment Methods
The Buyer may complete payment using an eligible payment method supported by the Kayalar Jewellery website and displayed during checkout.
Credit and debit card transactions are processed through the relevant payment infrastructure and may be subject to the security and authorisation procedures of the applicable bank, card issuer and payment service provider.
Kayalar Jewellery does not offer instalment payments. Card payments for online purchases are charged as single, full-amount transactions.
Where bank transfer, EFT or FAST is available, the Buyer must use the payment details officially provided by Kayalar Jewellery. Order processing may depend on confirmation that the relevant payment has been received.
For international customers, eligible foreign-issued cards may be accepted where supported by the payment provider. International bank transfers, including SWIFT transfers, are available only where expressly confirmed by Kayalar Jewellery.
The Buyer's bank or card issuer may apply currency conversion rates, international transaction charges or other financial service fees. Such independent charges are subject to the relevant financial institution's conditions and applicable law.
7. Order Confirmation & Verification
Following completion of the applicable ordering process, the Buyer should receive the relevant order confirmation and transaction information through an appropriate electronic communication method.
Order processing may involve payment verification, stock confirmation, product preparation checks and reasonable measures designed to prevent fraudulent or unauthorised transactions.
Where additional verification is reasonably necessary, Kayalar Jewellery may contact the Buyer using the contact information provided with the order.
International orders may also require confirmation of destination eligibility, courier acceptance conditions, customs documentation and other legally relevant shipment requirements.
Any additional checks must be carried out consistently with the applicable contractual obligations, delivery commitments and mandatory consumer protection legislation.
8. Delivery
The purchased products will be delivered to the address specified by the Buyer during checkout or to another authorised recipient identified through the agreed delivery arrangements.
Delivery arrangements and estimated timeframes depend on product availability, preparation requirements, destination, shipping provider and any relevant customs procedures.
Products requiring resizing, engraving, personalisation or special production may require additional preparation time, which should be communicated where relevant.
For transactions governed by Türkiye's Distance Contracts Regulation, the Seller must comply with the agreed delivery obligations and the applicable statutory periods. Where no period is agreed, the general statutory requirement concerning dispatch within 30 days applies, subject to the provisions concerning goods prepared according to the consumer's individual wishes or personal needs.
For international transactions governed by other consumer protection legislation, the relevant delivery deadlines and any legally permitted variations will apply.
Customs clearance, international transport requirements and carrier operations may affect delivery schedules. These circumstances do not automatically remove the Buyer's rights where an agreed or legally required delivery obligation is not fulfilled.
9. Shipping & Delivery Security
Kayalar Jewellery aims to prepare and package jewellery carefully, taking into account the nature, value and characteristics of the products purchased.
Orders are transferred to suitable courier or shipping services, subject to the relevant product and destination requirements.
Due to the special characteristics of precious metals, gemstones and high-value jewellery, certain shipping providers or destination countries may impose additional transportation restrictions.
Where insured transportation is available and selected, the relevant coverage is subject to the conditions, limitations and exclusions of the applicable shipping or insurance service.
Responsibility for loss or damage during transportation is determined by the applicable sales contract and mandatory consumer protection law. Where the law places transport risk on the Seller until delivery, that responsibility is not removed merely because the parcel has been handed to a courier.
The Buyer is encouraged to inspect the external condition of the parcel upon delivery and report visible damage where reasonably possible.
Failure to obtain a courier damage report does not automatically remove statutory rights relating to damaged, missing or non-conforming goods.
10. Unsuccessful Delivery
The Buyer should provide accurate and complete recipient, contact and delivery address information when placing an order.
If delivery cannot be completed because of an incorrect address, missing information or the absence of the recipient, additional arrangements may be required in accordance with the courier's procedures and applicable law.
For international shipments, unsuccessful delivery may also arise from customs documentation requirements, destination restrictions or issues involving the relevant local delivery service.
Any additional shipping charges, return costs or other consequences must be assessed according to the circumstances, lawfully disclosed purchasing conditions and mandatory consumer protection requirements.
The Buyer should contact Kayalar Jewellery promptly if an address correction or other delivery assistance is required.
11. Inability to Fulfil an Order
Where the fulfilment or delivery of an order becomes genuinely impossible, Kayalar Jewellery will assess the circumstances and inform the Buyer in accordance with applicable contractual and legal requirements.
Where Türkiye's Distance Contracts Regulation applies, the Seller must comply with the statutory notification and reimbursement obligations concerning impossibility of performance.
The mere absence of a product from stock does not automatically constitute legal impossibility of performance under Turkish distance selling rules.
Where a refund is legally required because an order cannot be fulfilled, the relevant amount must be reimbursed within the applicable statutory period and through an appropriate payment method.
For international transactions, any additional mandatory rights relating to non-performance, cancellation or repayment will also be respected where applicable.
12. Right of Withdrawal
Where the statutory right of withdrawal applies, the Buyer may cancel an eligible distance purchase within the period specified by the relevant consumer protection legislation.
Under Türkiye's Distance Contracts Regulation, eligible consumers generally have 14 days from receipt of the goods to withdraw from the contract without providing a reason or paying a contractual penalty, subject to statutory exceptions.
Where European Union or United Kingdom distance selling rules apply, eligible consumers generally have a comparable 14-day withdrawal or cancellation period, subject to the relevant legal requirements and exceptions.
Other countries may provide different statutory withdrawal rights or timeframes.
Under Turkish distance selling rules, the withdrawal right may also be exercised between the formation of the contract and delivery of the goods.
The applicable withdrawal period, statutory exceptions and procedural requirements depend on the legal framework governing the purchase.
13. Exercising the Right of Withdrawal
Where a valid right of withdrawal exists, the Buyer must communicate a clear decision to withdraw within the applicable legal period.
The notification may be submitted in writing, by email or through another legally recognised communication method. Where applicable legislation requires a dedicated online withdrawal facility, that facility must also be provided.
Including the order number, product details and relevant contact information may help identify the transaction and process the request efficiently.
A reason for withdrawal is not required where an unconditional statutory withdrawal right applies.
Withdrawal Notifications
Address:
Dereboğazı, Alparslan Türkeş Cd.
54300 Hendek, Sakarya, Türkiye
Email: [email protected]
Phone: +90 264 614 06 58
WhatsApp: +90 507 650 06 58
Telephone and WhatsApp channels may be used to obtain assistance. For formal withdrawal notifications, customers are encouraged to use email or another appropriate durable communication method, without limiting alternative methods that must be accepted by law.
14. Returning Products Following Withdrawal
Following a valid withdrawal notification, the Buyer must return the relevant jewellery within the period required by applicable legislation, unless the Seller has agreed to collect the goods or another legally permitted arrangement applies.
For eligible transactions governed by Turkish, European Union or United Kingdom distance selling rules, the consumer generally has 14 days after communicating withdrawal or cancellation to return the goods, subject to the relevant provisions.
Returned jewellery should be securely packaged to reduce the risk of damage during transportation.
Where available, customers are encouraged to include the original product box, certificates, accessories and documents supplied with the order.
The absence of original packaging does not, by itself, remove a consumer's mandatory statutory rights.
Before arranging an international return, the Buyer is encouraged to contact Kayalar Jewellery for information about suitable carriers, return documentation and customs requirements.
15. Exceptions to the Right of Withdrawal
Certain products and transactions may be excluded from the statutory right of withdrawal where the applicable legislation establishes a specific exception.
For jewellery purchases, relevant exceptions may include:
- Financial Market Fluctuations: Goods whose prices depend on fluctuations in financial markets beyond the Seller's control, where the relevant statutory requirements are satisfied.
- Personalised Jewellery: Products manufactured according to individual customer specifications or clearly personalised for a particular Buyer.
- Made-to-Order Products: Jewellery produced in accordance with genuinely individual requirements that meet the applicable legal definition of personalised goods.
- Special Alterations: Individually requested resizing, engraving, gemstone arrangements or other modifications, where the circumstances satisfy a recognised statutory exception.
- Qualifying Hygiene Exceptions: Sealed goods genuinely unsuitable for return for health protection or hygiene reasons, where the applicable legal requirements concerning the removal of the seal are satisfied.
A statutory withdrawal exception does not automatically remove the Buyer's rights where a product is defective, incorrectly described or otherwise non-conforming.
16. Withdrawal Rights for Gold & Jewellery Products
Gold and precious metal jewellery prices may be affected by international commodity markets, currency movements and other financial conditions.
Where a product's price depends on financial market fluctuations outside the Seller's control, a statutory exception to the right of withdrawal may apply if the conditions established by the relevant legislation are satisfied.
The existence of such an exception must be assessed by reference to the relevant product, pricing mechanism and transaction.
The fact that a product contains gold or that its price changes periodically is not, by itself, sufficient to establish that every withdrawal right is excluded.
17. Personalised & Made-to-Measure Jewellery
Certain products may be manufactured or altered according to the Buyer's individual specifications, including bespoke jewellery, personalised engraving, names, dates, unique designs or special gemstone arrangements.
Where a product qualifies as clearly personalised or made according to the customer's specifications under the applicable legislation, the ordinary statutory right of withdrawal may not apply.
Individual resizing or alteration may also be relevant to this assessment, depending on the nature of the modification and the legal requirements.
However, selecting a standard ring size, chain length or other ordinary product variation does not automatically make an item legally personalised.
Customers are encouraged to review all measurements, engraving details and customisation instructions carefully before completing a personalised order.
Any applicable withdrawal restriction should be disclosed before the purchase is completed.
18. Refunds Following Withdrawal
Where a valid withdrawal gives rise to a refund, Kayalar Jewellery will process the applicable repayment within the period required by the legislation governing the transaction.
For eligible withdrawals governed by Türkiye's Distance Contracts Regulation, the applicable reimbursement period is generally 14 days, with the starting date determined by the relevant rules concerning return shipment or receipt of the goods.
For eligible withdrawals governed by European Union or United Kingdom legislation, the relevant statutory reimbursement periods and any permitted conditions concerning receipt of returned goods or evidence of return will apply.
Refunds will be made through an appropriate payment method, generally the original payment method where required by law, without imposing unauthorised charges.
Where applicable law requires reimbursement of the original standard delivery charge, that amount will be included in the refund. Any legally permitted distinction concerning enhanced delivery services will be assessed accordingly.
For international card payments, exchange-rate movements or independent bank charges may affect the amount displayed in the Buyer's account. These circumstances do not remove any legally required reimbursement obligation.
The time taken for an approved refund to appear in the Buyer's account may also depend on the relevant bank or payment service provider.
19. Return Shipping Costs
The responsibility for return shipping costs depends on the reason for the return, the applicable consumer protection legislation and the information lawfully provided before purchase.
For eligible statutory withdrawals governed by Türkiye's Distance Contracts Regulation, the consumer is not responsible for return shipping costs when using the return carrier designated in the required pre-contractual information.
Where no designated return carrier was identified, the relevant Turkish provisions also protect the consumer from being charged return shipping costs. Any additional seller obligations concerning the availability of the designated carrier must also be respected.
Where European Union or United Kingdom consumer protection rules apply, direct return shipping costs may be payable by the consumer in certain change-of-mind returns, subject to the relevant disclosure and statutory requirements.
For international returns, the Buyer should contact Kayalar Jewellery before dispatching valuable jewellery to confirm suitable shipping arrangements, customs documentation and any relevant charges.
Where goods are defective or non-conforming, any mandatory right to a remedy without charge, including legally required transportation costs, remains unaffected.
20. Product Inspection & Diminished Value
Where a statutory right of withdrawal applies, the Buyer may inspect the purchased jewellery to the extent permitted by the relevant legislation.
Reasonable inspection may include examining the design, verifying the product's characteristics and trying on jewellery in a manner comparable to what would ordinarily be permitted in a jewellery shop.
Where the applicable law permits, diminished value resulting from use or handling beyond what is reasonably necessary for inspection may be considered when assessing a return.
Ordinary inspection alone does not automatically remove a valid right of withdrawal.
Any assessment of diminished value must comply with the consumer protection legislation governing the transaction.
21. Defective or Non-Conforming Products
The Buyer's statutory rights concerning defective or non-conforming goods are separate from the ordinary right of withdrawal.
Where a product does not conform to the agreed description, relevant specifications or applicable quality requirements, the Buyer may be entitled to remedies under the consumer protection legislation governing the purchase.
Under Türkiye's Consumer Protection Law No. 6502, where the relevant legal conditions are satisfied, available remedies may include:
- Withdrawal from the sales contract and an applicable refund.
- An appropriate reduction in the purchase price.
- Repair without charge, where legally available and proportionate.
- Replacement with a conforming product, where legally possible.
Where European Union, United Kingdom or other mandatory consumer protection legislation applies, the available remedies, applicable procedures and statutory periods may differ.
Customers who believe that jewellery is defective, damaged or incorrectly supplied are encouraged to contact Kayalar Jewellery with the relevant order information.
A product's classification as personalised jewellery or an item subject to a withdrawal exception does not automatically remove mandatory legal remedies for non-conformity.
22. Damaged Deliveries
If the packaging appears torn, opened, crushed or otherwise damaged upon delivery, the Buyer is encouraged to notify the courier and request that the condition of the parcel be recorded where reasonably possible.
Photographs and relevant delivery documentation may assist in reviewing a shipment-related issue.
If jewellery is received damaged, incomplete or different from the ordered product, the Buyer should contact Kayalar Jewellery as soon as reasonably possible.
The absence of a courier damage report does not, by itself, remove the Buyer's mandatory consumer rights.
Any claim concerning shipping damage, non-delivery or missing products will be assessed according to the relevant contractual obligations and applicable legislation.
23. Promotions & Discounts
Kayalar Jewellery may offer promotional campaigns, discount codes, special prices or other benefits through its website.
The duration, eligibility requirements, applicable products and relevant conditions of any promotion will be determined by the information provided in connection with that campaign.
Where a promotion involves complimentary products, combined offers or other purchase-related conditions, those conditions should be clearly communicated before the relevant transaction is completed.
Promotional arrangements must not be applied in a way that unlawfully reduces statutory refunds or restricts mandatory consumer rights.
24. Personal Data Protection
Personal data collected and processed in connection with online purchases is handled in accordance with applicable data protection legislation, including Türkiye's Personal Data Protection Law No. 6698 (KVKK).
Where the relevant legal requirements are satisfied, additional provisions under the European Union's General Data Protection Regulation (GDPR), applicable United Kingdom legislation or other privacy frameworks may also apply.
Information concerning processing purposes, legal bases, recipients, international transfers, retention periods and individual rights is provided through the applicable Privacy Policy and Personal Data Protection notices.
Accepting this Agreement does not automatically constitute consent to marketing communications or personal data processing activities that legally require separate permission.
25. Electronic Records & Contract Documentation
Electronic records concerning orders, payment transactions, delivery arrangements, notifications and contractual acceptance may be retained in accordance with applicable legal obligations and data protection requirements.
Where required by consumer protection legislation, the Buyer must receive the applicable contractual confirmation and legally required information through an appropriate durable medium.
Electronic records may be relevant to transaction verification, customer support, accounting, security and the resolution of disputes, subject to applicable evidential and legal requirements.
The Buyer's right to dispute the accuracy or legal significance of electronic records remains subject to applicable law.
26. Events Beyond Reasonable Control
Exceptional events may affect the performance of contractual obligations, including natural disasters, fires, serious public health emergencies, armed conflicts, strikes, restrictions imposed by public authorities, significant infrastructure failures or other circumstances beyond a party's reasonable control.
Whether a particular event qualifies as an event beyond reasonable control depends on its circumstances and the applicable legal and contractual requirements.
Where such an event affects order fulfilment or delivery, the parties' rights and obligations will be determined according to applicable law, including any requirements concerning notification, reasonable mitigation, termination or reimbursement.
No provision of this section automatically permits the Seller to disregard mandatory delivery requirements, retain payments unlawfully or remove statutory consumer rights.
27. Complaints, Applicable Law & Dispute Resolution
The Buyer may contact Kayalar Jewellery through the official communication channels provided below to raise questions or concerns relating to the purchase, payment, delivery, withdrawal, return or other contractual matters.
For consumer disputes governed by Turkish legislation, the competent Consumer Arbitration Committees or Consumer Courts may have jurisdiction according to the applicable monetary thresholds, procedural requirements and jurisdictional rules.
For international transactions, the applicable law, competent courts and available dispute resolution procedures may depend on the destination, the parties' circumstances and the relevant rules of private international law.
Where mandatory consumer protection legislation applies in the Buyer's country of residence, any legally protected rights concerning applicable law or access to competent courts remain unaffected by this Agreement.
In particular, where relevant European Union conflict-of-law rules apply to a consumer contract, contractual arrangements must not deprive the consumer of protections that cannot lawfully be excluded under the applicable legal framework.
The parties may seek an amicable resolution through direct communication without restricting any statutory right to pursue a competent court or legally available dispute resolution procedure.
28. Entry into Effect
This Distance Sales Agreement applies to the relevant purchase upon valid completion of the electronic ordering and contractual acceptance process, in accordance with the applicable checkout arrangements and mandatory legal requirements.
The transaction-specific product information, agreed price, payment method, delivery details and relevant pre-contractual information form part of the sales arrangements for the individual order.
The Agreement and related legally required information must be provided or made available to the Buyer through the appropriate methods prescribed by applicable legislation.
Nothing in this Agreement shall be interpreted as excluding, restricting or overriding mandatory consumer protection rights that apply to the relevant transaction.
29. Contact Information
For questions concerning an order, payment, delivery, withdrawal rights, returns, international shipping or the terms of this Agreement, please contact Kayalar Jewellery through the official communication channels below.
Kayalar Jewellery
Address:
Dereboğazı, Alparslan Türkeş Cd.
54300 Hendek, Sakarya, Türkiye
Email: [email protected]
Phone: +90 264 614 06 58
WhatsApp: +90 507 650 06 58
Website: kayalarkuyumculuk.com
