Legal

Terms of Service

Distance Sales Agreement

This agreement is concluded between the SELLER and the BUYER identified below, within the framework of Turkish Consumer Protection Law no. 6502 and the Regulation on Distance Contracts.

This English text is a courtesy translation provided for information. The Turkish version is the legally binding text; in the event of any discrepancy, the Turkish version prevails.

1. Parties

Seller

Company name	SERHAT SAAT A.Ş.
Address	15 Temmuz Mah. Gülbahar Cad. Nuryıldız Plaza No:7 Kat:6 Güneşli Bağcılar / İSTANBUL, Türkiye
Telephone	+90 (212) 434 07 67
E-mail	info@serhatsaat.com

(Hereinafter referred to as the SELLER.)

Customer

Name / Surname / Company name
National ID or tax number, if any
Address
Telephone
E-mail

(Hereinafter referred to as the BUYER.) The customer details consist of the information entered by the BUYER when placing the order and become part of this agreement upon order confirmation.

2. Subject of the agreement

2.1. The SELLER, publishing at https://dicekayekwatches.com/ (hereinafter the “Website”), also carries out the sale and marketing of its products online within its field of activity. The subject of this Agreement is the determination of the rights and obligations of the parties — who hold the capacities of consumer and SELLER — in accordance with Consumer Protection Law no. 6502 and the Regulation on Distance Contracts, with respect to the sale and delivery of the products (“Product/Products”) ordered electronically by the BUYER from the SELLER’s Website.

2.2. The BUYER accepts and declares, under the provisions of this agreement, that they have been informed by the SELLER in a clear, comprehensible manner appropriate to the online (e-commerce) environment about the SELLER’s name, title, full address, telephone and other contact details; the essential characteristics of the goods subject to sale; the sale price including taxes; the payment method; the delivery conditions and costs and all other preliminary information relating to the goods subject to sale; the exercise of the right of withdrawal and how this right is to be used; the official bodies to which complaints and objections may be submitted; and that they have confirmed this preliminary information electronically and subsequently placed the order.

2.3. The preliminary information notice, membership agreement and personal data information notice published on https://dicekayekwatches.com/, together with the invoice issued for the order placed by the BUYER, form an integral part of this agreement.

3. Product, payment and delivery details

The type, quantity, brand/model, colour, number of units, sale price and payment method of the goods/product/service are as set out below.

Type of goods / product
Brand / model
Colour
Quantity
Sale price (excl. VAT)
Shipping charge
Payment method
Delivery address
Recipient
Invoice address

3.1. The nature and type, quantity, brand/model, sale price, payment method, recipient, delivery address, invoice details and shipping charge of the product(s) purchased electronically are as stated above.

3.2. The person to be invoiced and the person entering into the agreement must be the same.

3.3. The information contained in this agreement must be accurate and complete. The BUYER agrees to bear in full any damages arising from this information being inaccurate or incomplete, and accepts all consequences and liability that may arise from such a situation. The SELLER reserves the right to suspend the order until it is satisfied that the information provided by the BUYER is accurate, and in any case where it deems necessary.

3.4. Where the SELLER identifies a problem with an order and is unable to reach the BUYER via the telephone, e-mail or postal addresses provided, the SELLER will suspend processing of the order until contact is established and will wait for the BUYER to make contact during this period. If no response is received from the BUYER within this period, or if the BUYER does not contact the SELLER, the SELLER will cancel the order so that neither party suffers any loss.

4. Date of agreement and force majeure

4.1. The date of the agreement is the date on which the order is placed by the BUYER.

4.2. Circumstances that did not exist or were not foreseeable on the date the agreement was concluded, that develop outside the control of the parties and that make it impossible for the SELLER to fulfil, in whole or in part, or to fulfil on time, the debts and responsibilities undertaken under the agreement — including obstacles that may arise during customs clearance, countries’ export policies, states of emergency and force majeure events (natural disaster, war, terrorism, insurrection, changes in legislation, seizure, strike, lock-out, significant breakdown of production and communication facilities and similar) — shall be deemed force majeure.

4.3. If the SELLER is unable to deliver the product(s) subject to the distance sales agreement within the applicable period due to force majeure, extraordinary circumstances such as adverse weather preventing transport or interruption of transport, and/or technical reasons, the SELLER is obliged to notify the BUYER within 3 (three) days. In this case the BUYER may exercise one of the following rights: cancellation of the order; replacement of the product(s) subject to the agreement with an equivalent, if available; and/or postponement of the delivery period until the impediment is removed. If the BUYER cancels the order, the amount paid is refunded within 14 (fourteen) days.

4.4. The party affected by the force majeure event shall notify the other party immediately and in writing. No liability shall arise for the parties for failure to perform their obligations while the force majeure continues. If the force majeure situation continues for 30 (thirty) days, each party shall have the right to terminate this agreement unilaterally.

5. Rights and obligations of the Seller

5.1. The SELLER agrees and undertakes to fulfil in full the obligations imposed on it under this distance sales agreement, except in cases of force majeure.

5.2. Persons under 18 (eighteen) years of age may not shop at https://dicekayekwatches.com/. The SELLER will rely on the age stated by the BUYER in the agreement as being correct. However, no liability whatsoever may be attributed to the SELLER as a result of the BUYER stating their age incorrectly.

5.3. The SELLER is not responsible for pricing errors arising from system faults, nor for any promotional, pricing or other errors that may arise from the system or design of the SELLER’s website or from unlawful interference with the website. The BUYER may not assert any claim or entitlement against the SELLER on the basis of system errors.

5.4. Purchases may be made at https://dicekayekwatches.com/ by credit card (Visa, MasterCard, etc.).

5.5. Orders are deemed to be taken into processing not at the moment the order is placed, but at the moment the required collection is made from the credit card account. Payment methods carried out without contacting customer services, such as cash on delivery or postal cheque, are not accepted.

5.6. Where payment for the product(s) subject to the distance sales agreement is made by the BUYER by credit card, all legal risk that may arise from the BUYER being a different person from the credit card holder or from the person to whom the product is to be delivered — including unauthorised and unlawful use of the credit card by third parties — belongs to the BUYER. The BUYER agrees and undertakes that they will make no claim against the SELLER should they suffer any loss in such circumstances.

5.7. If, after delivery of the product, the relevant bank or financial institution does not pay the price of the product to the SELLER because the BUYER’s credit card has been used unlawfully or without authorisation by third parties through no fault of the BUYER, the product must be returned to the SELLER within 3 days, provided it has been delivered to the BUYER. In this case the shipping costs are borne by the BUYER.

6. Rights and obligations of the Buyer

6.1. The BUYER agrees and undertakes to fulfil in full the obligations imposed on them under the agreement. The BUYER agrees and undertakes that by placing an order they are deemed to have accepted the provisions of the agreement and that they will make payment in accordance with the payment method specified in the agreement.

6.2. The BUYER accepts and declares that, from the website https://dicekayekwatches.com/, they have been informed in a clear, comprehensible manner appropriate to the online environment about the SELLER’s name, title, full address, telephone and other contact details; the essential characteristics of the goods subject to sale; the sale price including taxes; the payment method; the delivery conditions and costs and all other preliminary information relating to the goods subject to sale; the exercise of the right of withdrawal and how this right is to be used; the official bodies to which complaints and objections may be submitted; and that they have confirmed this preliminary information electronically.

6.3. Further to the preceding article, the BUYER declares that they have read and understood the order, payment and usage procedure information setting out the product ordering and payment conditions, product usage instructions, precautions taken against possible situations and warnings issued, and that they have given the necessary confirmation electronically.

6.4. Should the BUYER wish to return a purchased product, the BUYER agrees and undertakes not to damage the product or its packaging in any way, not to have used it under any circumstances, and to return the original invoice and delivery note at the time of return.

7. Matters on which the Buyer has been informed in advance

The BUYER confirms and accepts that, before this Agreement was concluded through their acceptance on the SELLER’s website and before both placing the order and assuming any payment obligation, they were informed of the following matters by viewing and reviewing all general and specific explanations on the relevant pages and sections of the website:

The SELLER’s title and contact details together with current identifying information.
The stages of the sales process when purchasing the Product(s) from the SELLER’s website, and the appropriate means and methods for correcting information entered incorrectly.
The privacy, data use and processing rules applied by the SELLER to BUYER information, the rules on electronic communication with the BUYER, the permissions granted by the BUYER to the SELLER on these matters, the BUYER’s statutory rights, the SELLER’s rights, and the procedures by which the parties exercise their rights.
Any shipping restrictions stipulated by the SELLER for the Product(s).
The payment methods and instruments accepted by the SELLER for the Product(s) subject to the Agreement, together with the essential features and characteristics of the Product(s) and the total price including taxes (the total amount payable by the BUYER to the SELLER, including related costs).
The procedures for delivery of the Product(s) to the BUYER, together with information on transport, delivery and shipping costs.
Other payment/collection and delivery information relating to the Products, information on performance of the Agreement, and the parties’ undertakings and responsibilities in these matters.
The Products and other goods and services for which the BUYER has no right of withdrawal.
Where the BUYER has a right of withdrawal, the conditions, period and procedure for exercising that right, and the fact that the BUYER will lose the right of withdrawal if it is not exercised within the applicable period.
That, for products subject to a right of withdrawal, if the Product deteriorates or is altered during the withdrawal period because it was not used in accordance with its usage instructions, ordinary operation or technical specifications, the BUYER’s withdrawal request may not be accepted and the BUYER will in any event be liable to the SELLER; and that, where the SELLER accepts the withdrawal, it may deduct (set off) from the refund made to the BUYER an amount it considers appropriate in view of the deterioration or alteration in question.
Where a right of withdrawal exists, how the Products may be returned to the SELLER and all related financial matters (return methods, cost and refund of the Product price; deductions and set-offs that may be applied to the refund in respect of reward points earned or used by the BUYER, free products in promotional sales, other free, discounted or reduced-price benefits provided, gift vouchers and similar; and, where these are insufficient, additional charges to the BUYER as the case may be).
That, where the BUYER is a legal entity, it may not exercise “consumer rights”, foremost the right of withdrawal, in respect of Products purchased for commercial or professional purposes (bulk purchases, for example, are in all cases deemed to be of this nature).

8. Order and payment procedure

8.1. Order

8.1.1. Once the total amount of the products added to the shopping basket including VAT (in instalment transactions, the total instalment amounts) has been approved by the BUYER, the transaction is processed through the bank POS. For this reason, an order confirmation e-mail is sent to the customer before orders are dispatched. No dispatch is made before the order confirmation e-mail has been sent.

8.1.2. Any disruption in the process or any problems that may arise in connection with the credit card are notified to the BUYER using one or more of the telephone, fax or e-mail channels specified in the agreement. Where necessary, the BUYER may be asked to contact their bank.

8.1.3. Exceptionally, where it becomes apparent for good reason that the goods subject to the agreement cannot be supplied and/or a stock problem is encountered, the BUYER is informed immediately in a clear and comprehensible manner and is asked which of their statutory options they wish to exercise; with the BUYER’s approval, other goods of equal quality and price may be sent. The parties may wait for the product to come back into stock or for the other impediment to delivery to be removed, and/or the order may be cancelled and the price refunded.

8.1.4. Where performance of the obligation to deliver the goods subject to the agreement becomes impossible, the BUYER is informed of the situation, the total amount paid and any documents placing the BUYER under an obligation are returned to them within ten days at the latest, and the agreement is cancelled. In such a case the BUYER shall have no claim against the SELLER for any additional pecuniary or non-pecuniary damages.

8.2. Payment

8.2.1. If, after delivery of the product, the relevant bank or financial institution does not pay the price of the product to the SELLER because the BUYER’s credit card has been used unlawfully or without authorisation by third parties through no fault of the BUYER, the BUYER must send the product delivered to them back to the SELLER within 10 days, unused and in the condition in which it was delivered. In such cases the shipping costs are borne by the BUYER.

8.2.2. If the BUYER has chosen to pay by credit card, the BUYER accepts, declares and undertakes that they will separately confirm the applicable interest rates and default interest information with their bank, and that under the legislation in force the provisions on interest and default interest will be applied within the scope of the “Credit Card Agreement” between the Bank and the BUYER.

9. Dispatch and delivery procedure

9.1. Dispatch

Upon sending of the order confirmation e-mail, the product(s) are handed over to the courier company with which the SELLER has an agreement.

9.2. Delivery

The delivery address, recipient and shipping charge consist of the details specified by the BUYER in their order.

9.2.1. The shipping charge is added to the order total and paid by the BUYER; it is not included in the product price. The product(s) will be delivered to the BUYER’s address by the courier with which the SELLER has an agreement.

9.2.2. Depending on the campaigns it operates at the time of sale and/or whose terms it announces on its website, the SELLER may choose not to pass on all or part of the shipping charge to the BUYER. The SELLER reserves the right to change the procedures and methods applied in respect of shipping charges in the future.

9.2.3. The delivery period is 30 days from the sending of the order confirmation e-mail and the conclusion of the agreement. This period may be extended by a maximum of ten days provided that the BUYER is notified in advance in writing or by a durable medium. Products are sent with telephone notification to regions where courier companies do not deliver to the address.

9.2.4. In regions where the courier company delivers only one day a week, in cases of errors or omissions in the dispatch details, and in situations such as certain social events and natural disasters, there may be an overrun of the stated number of days. The BUYER may not attribute any liability to the SELLER as a result of such overruns.

9.2.5. Where the product is to be delivered to a person/organisation other than the BUYER, the SELLER is not responsible for additional shipping charges that may arise from that person/organisation refusing the delivery, from errors in the dispatch details and/or from the BUYER not being present. If the product(s) have not reached the customer within the stated period, delivery problems must be reported immediately to customer services listed at dicekayekwatches.com.

9.2.6. In the case of a damaged parcel: damaged parcels should not be accepted, and a report should be drawn up by the courier company official. If the courier company official is of the view that the parcel is not damaged, the BUYER has the right to have the parcel opened on the spot in order to verify that the products were delivered undamaged and to request that the situation likewise be recorded in a report. Once the parcel has been accepted by the BUYER, the courier company is deemed to have performed its duty in full. If the parcel has not been accepted and a report has been drawn up, the situation must be reported to the SELLER’s customer services as soon as possible together with the BUYER’s copy of the report.

10. Product return and right of withdrawal procedure

10.1.1. The BUYER has the right to withdraw from the agreement within fourteen days of taking delivery of the goods, without giving any reason and without paying any penalty.

10.1.2. The withdrawal period begins, for multiple orders, from the delivery of the last product to you or to a third party designated by you other than the carrier, and for single orders, from the delivery of the product to you or to a third party designated by you other than the carrier.

10.1.3. Notice of withdrawal may be submitted clearly and in writing to one of the following addresses:

E-mail	info@dicekayekwatches.com
Postal address	Serhat Saat A.Ş., 15 Temmuz Mah. Gülbahar Cad. B Blok No:7 Kat:6/41 Bağcılar / İstanbul, Türkiye

10.1.4. The withdrawal period begins on the day the goods are delivered to the BUYER. The return shipping cost of the returned product(s) is borne by the SELLER, with no additional charge. With regard to shipping costs, differences in tax charges may be requested for orders placed from outside Türkiye. Where the BUYER exercises the right of withdrawal, unless there is a justified reason for delay, the refund of the product price will be made within fourteen days at the latest.

10.1.5. There is no right of withdrawal for goods prepared in line with the BUYER’s requests and/or clearly their personal needs.

10.1.6. A reduction in the value of the goods received, the fact that they have been used, or the existence of a reason making return impossible does not prevent the exercise of the right of withdrawal. However, if the reduction in value or the impossibility of return arises from the consumer’s fault, the consumer must compensate the SELLER for the value of the goods or the reduction in their value.

10.1.7. For a product return, the return request must first be submitted to customer services. The SELLER provides the BUYER with the return details for the product. Following this communication, the product must be sent to the SELLER, together with its invoice containing the return information, via the courier company that delivered to the BUYER’s address. A returned product reaching the SELLER is accepted as a return provided it meets the conditions set out in this agreement, and the refund is made to the BUYER’s credit card/account. No refund of the price is made before the product has been delivered to the SELLER as a return. The time it takes for refunds made to a credit card to appear on the credit card account is at the discretion of the relevant bank.

10.1.8. If the purchase was made by credit card in instalments, the credit card refund procedure is applied as follows: the bank makes the refund to the BUYER in the same number of instalments as the BUYER requested when purchasing the product. After the SELLER has paid the full price of the product to the bank in a single payment, where instalment expenditures made through bank POS terminals are refunded to the BUYER’s credit card, the requested refund amounts are transferred by the bank to the cardholder’s account, again in instalments, so that none of the parties involved suffers a loss. As regards the instalment amounts paid by the BUYER up to the cancellation of the sale, if the refund date does not coincide with the card’s statement dates, one refund will be applied to the card each month; the BUYER will, after the instalments of the sale have ended, continue to receive refunds for as many further months as the number of instalments paid before the refund, and these will be deducted from their outstanding balance.

10.1.9. In the case of the return of goods and services purchased by card, the SELLER cannot make a cash payment to the BUYER under its agreement with the bank. Where a refund transaction is involved, the merchant — that is, the SELLER — will process the refund through the relevant software; and since the merchant, that is the SELLER, is obliged to pay the relevant amount to the bank in cash or by set-off, no cash payment can be made to the BUYER under the procedure detailed above. The refund to the credit card will be made by the bank in accordance with the procedure above, after the BUYER has paid the amount to the bank in a single payment.

11. Products for which the right of withdrawal cannot be exercised

By law, there is no right of withdrawal in contracts relating to the goods/services listed below, even if they have not been used or benefited from:

Goods prepared in line with the BUYER’s special requests or their personal needs (including items made personal or tailored to personal needs through alterations or additions, and special Products imported or procured from within or outside Türkiye at the BUYER’s order).
Cosmetics and similar products, and goods liable to spoil quickly or to pass their expiry date, such as chocolate and other foodstuffs.
Goods such as cosmetics, swimwear and underwear whose protective elements such as packaging, tape, seal or wrapping have been opened after delivery and whose return is not appropriate for health and hygiene reasons, and single-use products.
Products that become mixed with other products after delivery and that cannot by their nature be separated.
All kinds of products with digital content — books, CDs, DVDs, audio and video recordings, software and similar — whose protective elements such as packaging, tape, seal or wrapping have been opened, together with computer consumables.
Goods relating to periodicals such as newspapers and magazines, other than those supplied under a subscription agreement.
Goods or services whose price varies with fluctuations in financial markets and which are outside the control of the seller/supplier.
Services performed instantly in the electronic environment, or intangible goods delivered instantly to the consumer, and the products in question where the packaging of audio or video recordings, books, digital content, software programs, data recording and data storage devices, or computer consumables has been opened by the BUYER.
Other goods and services generally accepted as falling outside the scope of distance selling under the relevant legislation, and cases where the BUYER purchases for commercial/professional purposes; the return of these is not possible under the Regulation. In addition, under the Regulation it is not possible to exercise the right of withdrawal in respect of services whose performance has begun with the consumer’s consent before the withdrawal period expires.

12. Warranty

Products used and cleaned in accordance with the usage instructions are covered by a 2-year warranty against all manufacturing defects.

13. Privacy

13.1. All personal data belonging to the BUYER and falling within the scope of this distance sales agreement may be used for the purposes of providing the service, creating customer portfolios, carrying out quality monitoring, carrying out post-sale processes such as returns and withdrawals, and developing our services.

13.2. In transactions carried out online directly by banks and similar card institutions, your card details are not seen or recorded by us. Credit card details are transmitted securely to the relevant banks solely during the collection process in order to obtain authorisation, and are deleted from the system after authorisation.

13.3. The information specified by the BUYER in this agreement and the information notified to the SELLER for the purpose of making payment will not be shared by the SELLER with third parties.

13.4. Information such as the BUYER’s e-mail address, postal address and telephone number is used by the SELLER solely for standard product delivery and notification procedures. This information is entirely necessary in order to deliver the purchased product to you.

13.5. If the BUYER contacts the SELLER, their contact details and the details of the contact may be processed in order to act on complaints and requests, to carry out these processes, and to create customer portfolios.

13.6. In certain periods, commercial electronic messages such as campaign information, information about new products and promotional information may be sent to the BUYER following their consent.

13.7. The SELLER will share the BUYER’s name, surname, address and telephone details with the relevant courier service provider companies in order to deliver orders.

13.8. The SELLER may disclose this information to the relevant public institutions and organisations only within the scope of its legal obligations. Within any judicial investigation for which authority to investigate has been evidenced, the SELLER may provide the requested information to the relevant authority if it holds that information.

14. Competent courts and enforcement offices in the event of a dispute

In the event of a dispute arising from the application of this agreement, the SELLER’s records (including records held on magnetic media such as computer and audio recordings) constitute conclusive evidence.

Without prejudice to the relevant provisions, this Agreement remains in force until such time as the parties have fulfilled their payment and delivery obligations.

Turkish law applies to the terms of this agreement. Consumer Arbitration Committees are competent up to the value announced each December by the Ministry of Industry and Trade, and the Consumer Courts at the SELLER’s place of residence are competent above that value.

Upon confirmation of the order, the BUYER is deemed to have accepted all the terms of this agreement.