CONTRACTS

DISTANCE SALES AGREEMENT

PARTIES

SELLER

Title: CULT GLINT KUYUMCULUK İÇ VE DIŞ TİCARET LİMİTED ŞİRKETİ

Address: Acibadem district, Chechen Street, Acacia Residence Tower No: 25 Kat d.no:150 26 ZIP: 34660 Üsküdar Istanbul TURKEY

Phone: +90 536 614 27 38

Mobile: +90 536 614 27 38

Email: [email protected]

Bank Account: TR12 0006 2000 4040 0006 2941 73

With, on the other side;

RECEIVER

Name and surname :

Address:

Telephone :

Email :

have mutually agreed upon the following terms and conditions within the framework of this Distance Sales Agreement ("Agreement").

Buyer and Seller are hereinafter separately referred to as "Parties" and together "Parties".

SUBJECT OF THE AGREEMENT

2.1 The subject of this contract is the application on the mobile device of the BUYER and / or the delivery of the products that the BUYER wants to purchase by placing an order on the www.cultandglint.com electronic commerce site belonging to the SELLER, the sale-delivery and how to carry out this service in accordance with the sales, It consists of determining the procedures and principles regarding the working conditions and methods between the Buyer and the Seller and the rights and obligations of the Parties within this scope in accordance with the provisions of the Law on the Protection of the Law and other legislation.

2.2 The parties are aware that the pre-information form, privacy policy, membership agreement, terms of use, delivery and return agreement included in the mobile application and on the electronic commerce site www.cultandglint.com are an integral part of this agreement, and the agreements listed together with this agreement are already they declare and undertake that they accept.

CONTRACT SUBJECT PRODUCT AND PAYMENT INFORMATION AND DELIVERY

3.1 The basic characteristics (type, quantity, brand / model, color, number) of the product / products are published on the website of the SELLER.

3.2 After the BUYER approves this Agreement on the website, the price and expenses of the Product (s) ordered will be collected by the payment method chosen.

3.3 If the cargo company that will make the delivery does not have a branch in the place where the BUYER is located, the BUYER must take the product / products from the nearest cargo branch to be notified by the SELLER. The BUYER will be informed about this issue.

3.4 The delivery will be delivered by hand at the address specified by the BUYER through the shipping company. The BUYER will be ready to receive the product / products on the day of delivery. Otherwise, all kinds of damages caused by the BUYER's late delivery of the product and the expenses incurred due to the product waiting in the shipping company belong to the BUYER.

The Shipping Fee is added to the total amount of the order and paid by the BUYER. It is not included in the product price.

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.

3.5 The prices listed and announced on the mobile application or website are the selling price. The announced prices and promises will be valid until updated and changed. The campaigns announced for a period of time are valid until the end of the specified period.

3.6 The contractual product information, invoice and delivery information and the sales price of the product, including all taxes, are shown below.

Product / Service Description Price

Name of the product :

Delivery Information :

Payment method :

Sale price

(Total including VAT):

Delivery address :

Invoice information :

Billing address :

Telephone :

Email :

Payment method

Cash Transaction with Credit Card (Single Payment)

Transfer to Account / EFT

Due to the fact that the term sales are made only with the credit cards of the banks, the buyer will confirm the relevant interest rates and the information about the default interest separately from the bank, and the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the buyer, in accordance with the provisions of the current legislation, declares and undertakes.

RIGHTS AND OBLIGATIONS OF THE PARTIES

4.1 The BUYER accepts, declares and undertakes that he has read the preliminary information regarding the basic characteristics of the product subject to the contract, the sales price and the form of payment and the delivery on the website or mobile application of the SELLER.

BUYER, SELLER's title, full address information, telephone, e-mail etc. access information; that the qualifications of the service subject to sale, the sales price including taxes, the method of payment and the contact addresses they can contact in case of possible complaints, are understandable, clearly informed about all the information required within the scope of the contract, that they are informed about all these conditions. acknowledges and declares that it accepts and confirms the purchase of the product / products.

4.2 The SELLER accepts, declares and undertakes to deliver the product subject to the contract in full, in accordance with the qualifications specified in the order, in accordance with the requirements of the legal legislation, without any defects, and with the warranty and certificate documents. The SELLER makes changes on the product catalog in time. add / remove, define, update, remove campaigns, etc. has the right. There is no need to obtain approval from the BUYER for these changes.

4.3 The BUYER accepts, declares and undertakes that it will approve this Contract electronically for the delivery of the contractual product, and if the contractual product price is not paid for any reason, the SELLER's obligation to deliver the contractual product will end.

4.4 Each product subject to the contract is delivered to the person at the address indicated by the BUYER or BUYER within the period specified by the SELLER in the preliminary information section for each product, provided that it does not exceed the legal period of 30 days. Delivery will be made within 2 to 30 working days, depending on whether the product is ready for delivery.

4.5 The SELLER accepts, declares and undertakes that if it cannot fulfill the contractual obligations in case it becomes impossible to deliver the product subject to the order, it will notify the BUYER within 5 working days from the date of learning and return the total price to the BUYER within 14 days.

4.6 The SELLER's address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or later updated by the SELLER, e-mail, SMS, phone call and other means of communication, marketing, notification and has the right to reach the BUYER for other purposes. By accepting this contract, the BUYER acknowledges and agrees that the SELLER may engage in the above mentioned communication activities.

4.7 The BUYER will inspect the contractual goods / service before receiving it; crushed, broken, torn packaging, etc. The damaged and defective product / products will not be received from the cargo company and a report will be kept at the door. The delivered product (s) will be deemed to be undamaged and intact. The obligation to carefully protect the product / products after delivery belongs to the BUYER. If the right of withdrawal is to be used, the product / products should not be used, if there are standard accessories, other products gifted with the product should be returned together with the wet signed certificate and invoice.

4.8 The BUYER declares and undertakes that the personal and other information given to the SELLER while ordering and / or signing up on the website or mobile application of the SELLER are true. In case the information given by the BUYER to the SELLER is incomplete and / or inaccurate; BUYER, all kinds of damages and losses, administrative fines, negative, positive damages arising / to be caused by the SELLER; it accepts, declares and undertakes that it will pay all damages under any name immediately upon the first request.

4.9 BUYER, while using the website of the SELLER, to comply with the provisions of the legal legislation and not to violate them, not to use the website in any way that disrupts public order, against general morality, disturbing and harassing others, and that services such as virus spam It accepts, makes a commitment to the brain and undertakes that it will not take action to prevent its use. Otherwise, all legal and penal obligations that may arise belong to the BUYER completely and exclusively.

4.10 On the website of the SELLER, links to other websites and / or other content that are not under the control of the SELLER and / or owned and / or operated by other third parties may be given. These links are provided for ease of orientation to the BUYER and do not support any website or the person operating the website and do not constitute any guarantee for the information contained in the linked website.

4.11 The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation for non-compliance with the membership agreement against the member.

4.12 If the credit card holder used during the order is not the same person with the BUYER, or if a security deficit is detected in the credit card used in the order before the product is delivered to the BUYER, the SELLER will provide the identity and contact information of the credit card holder or the credit card from the cardholder's bank. request from the BUYER to submit the letter stating that The order will be frozen until the BUYER provides the information / documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.

4.13 After the delivery of the product, if the bank or financial institution does not pay the price of the product to the SELLER due to unauthorized use of the BUYER's credit card by unauthorized persons, the form and certificates of receipt of the product within 3 days, provided that the BUYER has been delivered to him. It is obligatory to send the product to the SELLER or to pay the price of the product immediately by another means of payment. In case of return shipment, shipping costs belong to the BUYER.

4.14 The products that are used and cleaned in accordance with the instructions for use are guaranteed against all kinds of manufacturing defects for the period specified in the instructions for use of the product under the conditions stated below. The warranty liability of the seller is within the scope of the law no 6502.

RIGHT TO WITHDRAWAL

5.1 The BUYER has the right to withdraw from this Contract without any justification and without paying penalty by refusing the product within 14 days from the delivery of the product subject to the contract to him or to the person / organization at the address indicated. does.

5.2 The product price is returned to the BUYER within 14 days from the date the BUYER's withdrawal notification reaches the SELLER.

5.3 The BUYER must send the clear, written notification that he has exercised his right of withdrawal together with the product to be returned, certificate, invoice and return form to the SELLER within 14 days from the date of delivery.

5.1 In TRNC and overseas shipments, since BUYERS do not pay VAT in their orders, they are obliged to pay the taxes of the products purchased at customs. BUYERS do not have the right of withdrawal for products that are not received from customs in any way.

5.2 Products prepared according to the consumer's wishes or clearly personal needs in terms of quality, Products made or changed by special order (according to the customer's request, products with special inscriptions and special sizes made of 14 carat, 18 carat and diamond rings, name, number All products written, date or letter, etc. are firm orders and will not be returned. The product to be returned must be completely undamaged and unused. It has been scratched, damaged or physically changed in any way, its adjustment, stone, value or weight of the stone has changed or its structure and texture The products that have deteriorated are definitely not returned.Refunds are not accepted for orders that have the security label on the products removed or the "585" or "750" stamp in each product, the name of the logo brand of CULT & GLINT is deleted or deformed. In the event of the return of these products, the cargo will be sent back directly to the buyer. The right of withdrawal cannot be exercised for products that are likely to expire, products that are mixed with other products after delivery and cannot be separated by nature. In addition, before the expiration of the right of withdrawal, it is not possible to use the right of withdrawal regarding the services started with the consent of the consumer.

5.3 The BUYER cannot use the right of withdrawal for all rings and products that are produced in accordance with the special requests and demands of the BUYER or made personalized by making changes or additions, since it will be adjusted according to the finger size to be selected by the BUYER during the order.

5.4 If the BUYER uses this right, he will immediately send the product to the SELLER within 14 days, starting from the delivery date. In addition, the invoice, certificate and return form of the product delivered to the 3rd person or the BUYER with the product will be sent. If the invoice is institutional, the institution must issue a return invoice, and the order returns whose invoices are issued on behalf of the institutions will not be completed unless the RETURN INVOICE is issued.

5.5 In accordance with the general notification of the tax procedure law numbered 385, the BUYER must fill in the relevant parts of the invoice with the return section and return it to the SELLER together with the product after it has been signed.

5.6 The products to be returned must be delivered complete and undamaged, together with the box, package, certificate, warranty certificate, and standard accessories, if any.

5.7 The BUYER is obliged to return the goods exactly as stated in the certificate sent to him. If there is a decrease in the value of the goods due to a reason caused by the BUYER's fault (in weight, adjustment, etc.) or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of fault.

5.8 If the campaign limit amount set by the SELLER is decreased due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.

5.9 Where the use of the right of withdrawal is possible, the BUYER is liable by law for the changes and deteriorations that occur if the BUYER does not use the goods in accordance with its functioning, technical specifications and usage instructions. Accordingly, if there is a change or deterioration (decrease in weight / adjustment, scratches, etc.) due to the product not being used in accordance with the instructions for use, technical specifications and functioning, the BUYER may lose its right of withdrawal; In cases where it is accepted by the SELLER, a discount is made from the price of the product to be returned, up to the change / deterioration.

INTELLECTUAL AND INDUSTRIAL RIGHTS

6.1 Regarding the information and content of the SELLER's website and the special collection products named "By Nini" and their arrangement, revision and partial / full use; Except for those belonging to other third parties according to the SELLER's agreement; All intellectual and industrial rights and property rights belong to the SELLER.

The SELLER reserves the right to make any changes it may deem necessary in the above matters; These changes become valid from the moment they are announced by the SELLER.

6.2 The usage and intellectual property rights of the products (all kinds of technical drawings, manufacturing drawings, specifications, documents, etc.) exhibited in the mobile application and website of the SELLER and which are private collections belong to the SELLER.

In the event of a violation of a right and / or interest that is the subject of intellectual and / or industrial property protected in accordance with the provisions of the relevant legislation of the SELLER, all kinds of administrative, legal, criminal and financial liability arising from the violation shall belong to the BUYER.

6.3 The BUYER shall protect the reputation of all brands of the SELLER, all kinds of industrial property rights of the trademark and trademark rights belong to the SELLER, under no circumstances and under any circumstances, they shall not engage in any activity that may cause violation of the trademark rights, and refrain from any activity that may harm the trademark rights. accepts, declares and undertakes.

PROTECTION OF PERSONAL DATA

7.1 The Parties shall not transmit or disclose any personal data that they have learned, obtained or will obtain from the other party within the scope of this Agreement to third parties without prior express written consent or meeting the conditions specified in the relevant legislation, and will not use them for purposes other than the contract. This obligation will continue after the termination of this Agreement.

7.2 The Parties undertake that they will process the said personal data in accordance with the law and the rules of honesty, only for the purpose of the execution of this Agreement and in connection with this purpose, in a limited and measured manner, and to keep them for the time required for the purpose. The parties will destroy this personal data in accordance with the legislation in the event of the termination of the contract or if the purpose of use of the relevant personal data has disappeared before.

7.3 The Parties will take all necessary technical and administrative measures to prevent unlawful processing of personal data learned or obtained within the scope of the Contract, to prevent unlawful access to personal data, and to ensure the appropriate level of security in order to preserve personal data. In the event that personal data processed by any party within the scope of the contract is obtained illegally by third parties, the party will immediately notify the other party in writing and provide all requested information and documents.

7.4 The necessary precautions for the security of the information and transactions entered by the BUYER on the INTERNET SITE are taken within the system infrastructure of the SELLER, within the scope of the current technical possibilities according to the nature of the information and transaction. However, since the information in question is entered from the BUYER device, it is the responsibility of the BUYER to take the necessary measures, including those related to viruses and similar harmful applications, in order to protect them from the BUYER and not to be accessed by unrelated persons.

7.5 In addition to and confirmation of the personal data and commercial electronic communications given by the BUYER in other ways Providing various products / services by the SELLER, group companies and third parties deemed appropriate, and all kinds of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card. and for electronic and other commercial-social communications to be made for the purpose of membership applications, it can be recorded indefinitely or for a period to be predicted by those and their successors, can be stored in printed / magnetic archives, updated, shared, transferred, transferred, used and processed in other forms when necessary. . These data can also be transmitted to the relevant Authorities and Courts when required by law. The BUYER consents and gives permission for the use, sharing, processing and making of non-commercial and non-commercial electronic communications and other communications, in accordance with the legislation on the protection of personal data and electronic commerce legislation, of its existing and new information.

7.6 The BUYER can always stop the data usage processing by reaching the SELLER through the specified communication channels and / or the communication by legally accessing the same channels or by using the right of rejection in the electronic communications sent to him. According to the BUYER's explicit notification on this matter, personal data transactions and / or communications to its party are suspended within the legal maximum period; In addition, if he wishes, his information other than legally required and / or possible will be deleted from the data recording system or anonymised in an anonymous way. If the BUYER wishes, the transactions related to the processing of personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect information, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the occurrence of a result against him by automatic systems, the data is against the law You can always apply to the SELLER through the above communication channels and get information on issues such as compensation in case of damage due to processing. Applications and requests regarding these issues will be fulfilled within the legal maximum periods or may not be accepted by explaining the legal justification to the party.

GENERAL PROVISIONS

8.1 Severability; If one of the provisions of this Agreement becomes partially or completely invalid, ineffective or unenforceable, the validity, enforceability and enforceability of the other provisions of this Agreement will therefore not be affected. The contract provision that becomes invalid, ineffective or unenforceable will be replaced by a valid, effective and enforceable provision that serves the same purpose, to the extent permitted by law.

8.2 Force Majeure; If one of the Parties fails to fulfill its obligations arising from this Agreement due to a force majeure that is beyond its control, it will immediately notify the other Party of the situation and will do everything in its power to return to full performance status. If a party fails to fulfill its obligations arising from this Agreement due to a force majeure, it will not be deemed to be in breach of its obligations. If a situation where the obligations cannot be fulfilled as stated in this article lasts longer than 3 months, this Agreement will be automatically terminated, unless otherwise agreed in writing between the Parties.

8.3 Waiver; Failure to use any of the rights under this Agreement by the Parties or postponing their use will not be considered as a waiver of the rights and the use of these rights alone or partially will not prevent the use of other rights. The waiver is non-binding unless made in writing by the waiver.

8.4 Settlement of Disputes; legal relationship between the parties to this Agreement and the Agreement shall be governed and interpreted in accordance with the Law Turkey. In case of disputes that may arise from this Agreement, the Provincial and District Consumer Arbitration Committees within the monetary limits determined and announced by the Ministry of Customs and Trade every year, and in cases exceeding these limits, the ISTANBUL (Çağlayan) Courthouse Consumer Courts are in charge.

8.5 Notices; The addresses specified in this contract are the notification addresses, and if any change is not notified to the other party through a notary within 3 days, any notification to these addresses will have the terms and consequences of the valid notification.

8.6 Explicit Consent; I have read and understood the entire text of the information regarding the Personal Data Protection Law No.6698 announced by Cult & Glint and I have been informed that Cult & Glint processes my Personal Data within the framework of the purposes stated above.

In this context, in accordance with the Personal Data Protection Law No.6698, Cult & Glint stores the necessary information in accordance with the law, Cult & Glint provides services to its Customers, promotes and advertises the customers, or provides services and / or contracts or non-contracts in this regard. Identification, address, special quality personal data (nationality, criminal biometric data, etc.) for the establishment and execution of commercial relations, determination and control of the parties who signed the relevant documents, all kinds of applications to be made within the scope of these, determination of the owner and the addressee of the business and transaction. ), to record the tax number and other information, to prepare the information and documents that will be the basis for the business and transactions to be carried out on paper or electronically, through all kinds of channels, in the light of the information contained in the Information Text, and / or a, in case of actual requirements related to the business relationship, I consent to share it with the persons specified in the Disclosure Text, being enlightened and informed without any hesitation, with my express consent.

* In this statement, if you do not accept the declaration of consent to the processing of your personal data, including your special personal data, we will not be able to provide you with the necessary and sufficient service in terms of our processes that require your explicit consent, except for the cases permitted to be processed pursuant to the KVKK legislation, and We inform you that their operational activities will be negatively affected.

The BUYER has read all the conditions and explanations written in this Contract and the order-contract preliminary information that constitute its integral part, the basic features-qualities of the Product / Products subject to sale, the sales price, payment method, delivery conditions, the SELLER and the Product subject to sale. All other preliminary information and the right of withdrawal and personal information-electronic communication conditions, including all matters written in this Agreement, that they have seen all of them electronically on the website and by giving confirmation-approval-acceptance-permission in electronic environment, acknowledges and declares that it accepts the provisions of this Agreement with the order.

BUYER SELLER

CULT & GLINT