Terms of Sale

Article 1 — Parties

1.1. SELLER
Trade Name : AYKACH WATCH - ERSER SAATÇİLİK KUYUMCULUK İLETİŞİM İTHALAT İHRCAT SAN. VE TİC.LTD.ŞTİ.
Address    : Çankaya, Çankaya Cd. 14/A, 06690 Çankaya/Ankara
Phone      : (0312) 440 64 64
E-Mail      : [email protected]
MERSIS No : 0368026076100010
(Hereinafter referred to as the "SELLER".)

1.2. BUYER
Full Name :
Address    :
Phone      :
E-Mail      :
(Hereinafter referred to as the "BUYER".)

Article 2 — Subject Matter

This Agreement governs the rights and obligations of the parties with respect to the sale and delivery of the product ordered electronically by the BUYER through www.aykach.com (the "Website"), operated by the SELLER, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.

Article 3 — General Provisions

3.1. The BUYER declares that they have read and are aware of the preliminary information available on the Website regarding the essential characteristics of the product, the total sale price inclusive of all taxes, the payment method, delivery terms and costs (which, unless otherwise stated, are borne by the BUYER), the delivery timeframe, and the SELLER's full trade name, address, and contact details. The BUYER further declares that they have been duly and accurately informed of the conditions governing the exercise of the right of withdrawal, and has confirmed this in the electronic environment.

3.2. The BUYER may submit requests and complaints through the communication channels set out above. All complaints and requests will be responded to by the SELLER's customer services team as promptly as possible.

3.3. By confirming this Agreement electronically, the BUYER acknowledges that they have been fully and accurately informed — prior to the conclusion of the distance contract — of the SELLER's trade name, address, contact details, MERSIS number, the essential characteristics of the ordered products, the total sale price inclusive of all taxes, payment and delivery information, and the right of withdrawal and the procedure and conditions for exercising it.

3.4. The product shall be delivered to the BUYER or to the person/entity at the address designated by the BUYER, within the timeframe set out in the preliminary information on the Website, depending on the distance of the BUYER's place of residence, provided that this period does not exceed 30 (thirty) days from the date of order.

3.5. Where the product is to be delivered to a person/entity other than the BUYER, the SELLER shall not be held liable if the designated recipient refuses to accept delivery.

3.6. The SELLER shall not be held liable for failure to deliver the ordered product to the BUYER due to any issue encountered by the cargo company during the delivery process.

3.7. The SELLER is responsible for ensuring that the product is delivered in sound condition, complete, and in accordance with the specifications stated in the order.

3.8. In the event of a technical or clerical error in the product price, description, or specifications at the time of listing on the Website, the SELLER reserves the right to cancel the order and refund any amounts collected to the BUYER in accordance with applicable legislation.

3.9. Due to the handcrafted nature of certain products available on the Website and variations in ring sizes ordered, the weight, length, width, and similar specifications of finished products may differ by up to ±10% from the stated values.

3.10. If the SELLER is unable to fulfil its contractual obligations due to the performance of the ordered product or service becoming impossible, the SELLER shall notify the BUYER in writing or via a durable data carrier within three days of becoming aware of this situation, and shall refund all payments collected — including any delivery costs — within no later than fourteen days from the date of notification.

3.11. The SELLER reserves the right, with the BUYER's consent, to supply an alternative product of equal quality and price in order to fulfil its contractual obligations, should performance become impossible after the end of a campaign period.

3.12. If, following delivery of the product, the BUYER's credit card, debit card, or any other payment method available on the Website is used fraudulently or unlawfully by unauthorised persons through no fault of the BUYER, and the relevant bank or financial institution consequently fails to remit the product price to the SELLER, the BUYER is obliged to return the product to the SELLER within 3 (three) days, provided the product has already been delivered to the BUYER. In such case, shipping costs shall be borne by the BUYER.

3.13. Should the SELLER be unable to deliver the product within the agreed timeframe due to force majeure or exceptional circumstances beyond its control — such as severe weather conditions or disruptions to transportation — the SELLER is obliged to notify the BUYER. In such case, the BUYER has the right to cancel the order and terminate the Agreement. Upon termination, the SELLER is obliged to refund all payments collected, including any delivery costs, in full and in a single payment, within 14 (fourteen) days of receiving the termination notice.

3.14. Pursuant to Article 16, paragraph 4 of the Regulation on Distance Contracts published in the Official Gazette No. 29188 on 27 November 2014, where performance of the ordered product or service becomes impossible, the SELLER is required to notify the BUYER in writing or via a durable data carrier within three days of becoming aware of this situation, and to refund all payments collected — including any delivery costs — within no later than fourteen days from the date of notification.

3.15. In cases where the BUYER exercises the right of withdrawal, where the ordered product cannot be supplied for any reason, or where a refund is ordered by an arbitration committee, and where the original purchase was made by credit card in instalments, the SELLER shall remit the full product price to the Bank in a single payment. The Bank will then refund the BUYER in the same number of instalments as the original purchase. For payments made by bank transfer/EFT or cash on delivery, refunds will be processed by bank transfer or EFT to the bank account provided by the BUYER (the account must be held in the name of the invoice holder or the registered user).

Article 4 — Right of Withdrawal

4.1. The BUYER has the right to withdraw from this Agreement within 14 (fourteen) days, without providing any reason and without incurring any penalty.

4.2. The withdrawal period begins on the day the contract is concluded for service agreements, and on the day the BUYER or a third party designated by the BUYER takes delivery of the goods for product agreements. However, the BUYER may also exercise the right of withdrawal during the period between conclusion of the contract and delivery of the goods.

4.3. For the purposes of determining the withdrawal period:

> Handover of the product by the SELLER to the carrier/cargo company shall not be deemed delivery to the BUYER.
> Where both delivery of goods and provision of services are covered under the same contract, the provisions governing the right of withdrawal applicable to the delivery of goods shall apply.
> To exercise the right of withdrawal, the BUYER must notify the SELLER by phone or email within 14 (fourteen) days, and the product must not fall within the exceptions set out in Article 15 of the Regulation on Distance Contracts published in the Official Gazette on 27 November 2014, and must be in a condition suitable for resale by the SELLER. Where this right is exercised:

a) The invoice for the product delivered to the BUYER or to a third party must be sent to the SELLER within 10 (ten) days. (Where the invoice is issued in the name of a corporate entity, a return invoice issued by that entity must also be included.) Returns in respect of orders invoiced to corporate entities cannot be completed without a return invoice.

b) The items to be returned must be delivered to the SELLER within 10 (ten) days of the withdrawal request, complete and undamaged, together with the original box, packaging, certificates, any gift items and accessories, and gift vouchers. If any of these items are missing or damaged — even if the damage occurred during transit — the value of the missing or damaged items will be deducted from the refund amount. The BUYER should contact the SELLER via the communication details provided to determine the appropriate return procedure.

4.4. The designated carrier for returns under the right of withdrawal is ………………………………

4.5. The product price will be refunded to the BUYER within 14 (fourteen) days of the SELLER receiving the withdrawal request.

Article 5 — Products Excluded from the Right of Withdrawal

5.1. Goods prepared in accordance with the BUYER's personal requests or needs: products manufactured to a custom colour other than those available on the Website at the BUYER's request; special orders outside the ring size ranges, necklace lengths, or bracelet lengths listed on the Website; wedding bands engraved with personalised text; or any resizing, length adjustment, or model modification carried out at the BUYER's request after delivery — all such customised items, as well as fragrances with broken seals, are excluded from the right of withdrawal.

5.2. Goods or services whose price fluctuates in line with movements in financial markets beyond the SELLER's control.

5.3. Goods that are perishable or likely to expire.

5.4. Goods whose protective packaging — such as wrapping, tape, seal, or box — has been opened after delivery, where return would be unsuitable on health or hygiene grounds.

5.5. Goods that, by their nature, become inseparably mixed with other items after delivery.

5.6. Books, digital content, and computer consumables presented on a physical medium, where the protective packaging has been opened after delivery.

5.7. Periodicals such as newspapers and magazines, other than those provided under a subscription agreement.

5.8. Goods and services relating to accommodation, transport of belongings, car rental, food and beverage supply, and leisure or recreational activities to be provided on a specific date or within a specific period.

5.9. Services performed instantly in the electronic environment, or intangible goods delivered to the consumer instantly.

5.10. Services where performance has commenced with the BUYER's consent before the expiry of the withdrawal period.

5.11. Products delivered to an address outside the Turkish Customs Territory as a result of the BUYER declaring an international delivery address.

Article 6 — Protection of Personal Data

6.1. The BUYER acknowledges and understands that their personal data processed under this Agreement may be processed by the SELLER — acting as "Data Controller" within the scope of the Law on the Protection of Personal Data No. 6698 ("KVKK") — for the purposes of delivering purchased products and services, fulfilling contractual obligations, ensuring information security, introducing the SELLER's products and services, sending commercial electronic communications where consent has been given, personalising product and service recommendations based on the BUYER's preferences and usage habits, and notifying the BUYER of campaigns, in accordance with the personal data processing conditions and purposes set out in Articles 5 and 6 of the KVKK.

6.2. The BUYER acknowledges and understands that their personal data processed under this Agreement may be transferred — within the framework of the personal data processing conditions and purposes set out in Articles 8 and 9 of the KVKK — to domestic and international persons and institutions from whom services are procured for the performance of the contracted services, and, where consent has been given, to third-party business partners of the SELLER for the delivery of commercial electronic communications.

6.3. The BUYER declares that they are aware of their rights to apply to the SELLER as Data Controller regarding the processing of their personal data, including the rights to: learn whether their personal data is being processed; request information if it is; learn the purpose of processing and whether data is being used in accordance with that purpose; be informed of third parties to whom data has been transferred domestically or abroad; request correction of incomplete or inaccurate data; request deletion or destruction of personal data; request that the above actions be notified to third parties to whom data has been transferred; object to outcomes arising solely from automated processing of data that are detrimental to the BUYER; and claim compensation for damages suffered as a result of unlawful data processing.

6.4. By confirming this Agreement, the BUYER accepts and undertakes that they have freely and explicitly consented to the processing of their personal data and its transfer to third parties for all of the purposes, methods, and reasons set out above.

Article 7 — Dispute Resolution

Should the BUYER have any complaint regarding their order, the ordered product, or any matter relating to their purchase, they may submit their complaint to the SELLER through the communication channels set out above. All complaints received will be recorded, reviewed by the relevant department, and resolved as promptly as possible. In addition, the BUYER may submit complaints and objections to the Consumer Arbitration Committee or the Consumer Court in the location where the product or service was purchased or where the BUYER is resident, within the monetary thresholds determined annually in December by the Ministry of Customs and Trade of the Republic of Turkey.