Terms and Conditions

Terms and Conditions

PLEASE READ THESE TERMS OF USE (ALSO REFERRED TO HEREIN AS THE “AGREEMENT”) CAREFULLY BEFORE USING THIS WEBSITE. These terms of use are a binding contract that governs use of www.basakbaykal.co.uk  limits liability of Başak Baykal. (“Başak Baykal”, “we”, “us” or “our”) and other persons, specifies the jurisdiction for resolution of disputes and contains other important provisions.

Last Updated: July 27, 2022

Your Acceptance of these Terms of Use

These Terms of Use are a legal agreement between you and Başak Baykal regarding your access to and use of Başak Baykal’s website located at www.basakbaykal.co.uk and all content, information, products, and services available on or through our website (collectively, the “Website”). The Website is the property of Başak Baykal and its licensors, if any.

Each time you access or use the Website, you acknowledge and signify that you have read, understood and agree to be bound by the most current version of these Terms of Use. If you do not agree with these Terms of Use, you may not access or use any aspect of the Website.

These Terms of Use are in addition to any other agreement you may have with Başak Baykal, including an agreement for your purchase of our products or services.

Changes to these Terms of Use

Başak Baykal may in its discretion change these Terms of Use at any time, without any prior notice to you, by posting the changed Terms of Use on the Website. The changed Terms of Use are effective immediately upon posting. It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the last version. By using the Website after these Terms of Use have been changed, you signify your acceptance and agreement to the changed Terms of Use. You may not change, supplement or amend these Terms of Use in any manner.

Permissible Users

You may not use the Website if you are under the age of majority in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age) or if you cannot form legally binding contracts under applicable law. If you are under the age of majority, then your parent or legal guardian may use the Website on your behalf. You may not use the Website if you breach these Terms of Use, if your permission to use the Website has been suspended or terminated by Başak Baykal, or if these Terms of Use as they apply to you have been terminated.

Permissible Use

The Website is made available to you for your lawful, personal, non-commercial use only. You may use the Website only for the purposes and in the manner permitted by the Website and subject to these Terms of Use and all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.

The Website and its content may not be copied, reproduced (except for printing in accordance with this section), imitated, republished, translated, uploaded, posted, publicly displayed, transmitted, modified, indexed, catalogued, mirrored, or distributed in any way, in whole or in part, for any purpose whatsoever, without the express prior written consent of Başak Baykal.

You may print Website pages for your personal, non-commercial informational purposes only, provided that you do not modify any of the pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices or disclaimers. You may not use any of the software or services that are used by Başak Baykal in the operation or provision of the Website except while you are using the Website in accordance with these Terms of Use.

Other Terms and Conditions

Additional terms and conditions and policies (collectively, the “Other Terms and Conditions”) apply to purchases of products and services through the Website and to specific portions, features or services (such as contests and other promotions) of or offered through the Website. Without limiting the generality of the foregoing, the following are links to certain Other Terms and Conditions: 

Shipping & Delivery Terms

Return & Exchange Terms

Başak Baykal may in its discretion change the Other Terms and Conditions at any time, without any prior notice to you, by posting changed Other Terms and Conditions on the Website. The changed Other Terms and Conditions are effective immediately upon posting. It is your responsibility to check the “Last Updated” date at the top of the Other Terms and Conditions and review any changes since the last version.

The Other Terms and Conditions are incorporated into and form part of these Terms of Use by reference. If there is a conflict or inconsistency between any Other Terms and Conditions and these Terms of Use, the Other Terms and Conditions will govern regarding the specific purchase, portion, feature or service to which they apply.

Ownership of Website and Content

The Website and its content (including all text, graphics, interfaces, images, video, sounds, music, artwork, designs, computer code, data, and other elements available on or through the Website, and the design, structure, selection, arrangement, and look and feel of those items, and the Website as a whole) are owned solely by Başak Baykal and its licensors, if and when applicable. Your use of the Website does not transfer to you any right, title or interest in, to or associated with the Website or its content.

Your Information

You will ensure that all information you provide to Başak Baykal, through the Website or otherwise, including account information (including your legal name, residential address, e-mail address), payment information (including your credit card numbers and their expiration dates), and transaction-related information, is true, accurate, current and complete. Başak Baykal will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage and additional costs that you, Başak Baykal or any other person may incur as a result of your submission of any false, incorrect, or incomplete information or your failure to promptly update your account information and payment information if they change.

Communications

You authorize Başak Baykal to: (a) accept communications we receive from you by means of the Website as if those communications had been given directly by you in writing and signed by you; and (b) respond to your communications through the Website, by e-mail or other means of communication.

Communications you send to Başak Baykal are not effective unless and until they are processed by the responsible Başak Baykal representative. We may refuse to process any communications sent to Başak Baykal or may reverse the processing of any communications sent to Başak Baykal, at any time in our sole discretion, and without any notice or liability to you or any other person, including if we believe the communication to be fraudulent or unlawful or defective, inaccurate or incomplete due to a technical malfunction.

Personal Information Privacy

We collect personal information and non-personal information from users of the Website. Başak Baykal’s Privacy Policy is available online at www.basakbaykal.co.uk  

Misprints and Errors, Product Availability and Prices

Başak Baykal endeavours to provide current and accurate information on the Website, but misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. We cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter, and do not warrant that the content of the Website (including product descriptions, photographs, and colours) is accurate or complete. Please note that your monitor might not accurately display product colours.

We reserve the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of those products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) refuse any order you place; and (d) limit quantities available for sale or sold. The advertisements on the Website are invitations to make offers to purchase products and services and are not offers to sell. All prices and other amounts appearing on the Website are quoted in dollars unless otherwise stated.

Payment and Website Security 

Başak Baykal uses WordPress platform and Izyco to enable secure payment and checkout options that are listed at checkout. Başak Baykal accepts the following payment methods: Visa, Visa Debit, Mastercard, American Express, in addition to direct bank transfer is requested.

When you place your order, your payment will be submitted for authorization and will only be charged when your order is shipped.

Charges will appear on your credit card statement as “BAŞAK BAYKAL”.

You agree to pay the price applicable for the merchandise in your order as of the time you submitted your order (“Merchandise Price”).  

Başak Baykal will automatically bill your credit card submitted as part of the order process for such amounts and you hereby authorize us to do so.

We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications of information before accepting any order. Your order is not accepted until it is shipped.

Feedback/Submissions

You agree that you will not submit to Başak Baykal any information or ideas that you consider to be confidential or proprietary. Any feedback or unsolicited ideas, suggestions, or other materials (including ideas for new advertising or marketing campaigns, or promotions, new or improved products or services, or new product names or branding) that you send to Başak Baykal (collectively “Submissions”) are deemed to be non-confidential, you automatically grant to Başak Baykal and its successors, assigns, and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sublicensable right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions in any manner and for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any compensation or attribution to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties, and you automatically waive in favour of Başak Baykal and its successors, assigns and licensees any and all moral rights in the Submissions.

Linked Sites

For your convenience, the Website may provide links or references to other Internet sites or resources and businesses operated by other persons (collectively “Linked Sites”). Linked Sites are independent from Başak Baykal and Başak Baykal does not endorse and has no responsibility or liability for or control over Linked Sites or their business, goods, services, or content. Your use of Linked Sites and your dealings with the owners or operators of Linked Sites is at your own risk, and you will not make any claim against Başak Baykal arising from, connected with, or relating to your use of Linked Sites or your dealings with the owners or operators of Linked Sites.

Prohibited Activities

Deep links to the Website without the express written permission of Başak Baykal are strictly prohibited. Başak Baykal may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability.

Framing, mirroring, scraping or data-mining the Website or any of its content in any form and by any means (including robots, spiders, or other automatic devices, programs or methodologies) is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications or any other data of any kind to or on the Website with the intention that the posting may be viewed by other users of the Website.

You may not attempt to circumvent the ordinary navigational structure or presentation of the Website or its content or attempt to access or obtain any Website content or other data by any means that is not purposely made available to you by the Website.

You may not attempt to gain unauthorized access to any part of the Website or its content or any related system, network, service or data, by hacking, password mining or any other means. You may not attempt to test or tamper with the security of the Website or attempt to interfere with the proper working of the Website, any transaction being conducted through the Website, or any other person’s use of the Website.

You may not upload, transmit or distribute any computer viruses, worms or any software intended to damage or alter a computer system or data.

You shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website. You shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Website. You shall not access the Website in order to build a similar or competitive service. Any future release, update, or other addition to functionality of the Website shall be subject to the terms of this Agreement (as amended from time to time).

Disclaimers

The Website, and the products, services and content provided through the Website are provided on an “as is”, “as available” and “with all faults” basis, without any representations, warranties, conditions or guarantees of any nature or kind whatsoever, whether express, implied or statutory, or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions or guarantees of or relating to accuracy, accessibility, availability, completeness, durability, errors, fitness for a particular purpose, merchantability, non-infringement of third party rights, lack of viruses or other disabling or harmful code, performance, quality, results, suitability, security, timeliness, title, quiet enjoyment, uninterrupted service, or workmanlike effort, all of which are hereby waived by you and disclaimed by Başak Baykal to the fullest extent permitted by law. You are solely responsible and liable for the selection and use of the products, services and content provided through the Website to achieve your intended results. 

Başak Baykal does not promise that the Website, or the products, services or content provided through the website, will be error-free, uninterrupted or secure, that any defects will be corrected, or that your use of the Website, or the products, services or content provided through the Website, will produce specific results. You use the Website, and the products, services and content provided through the Website, at your own risk. Except as set forth in the Return & Exchange Terms, if you are dissatisfied with the Website, or the products, services or content provided through the Website, your sole remedy is to cease using the Website and the products, services and content provided through the Website.

You are solely responsible for obtaining, provisioning, configuring, maintaining, paying for and protecting from loss and damage, all equipment, software and services (and all data contained therein) necessary for your use of the Website. 

Changes/Termination

Notwithstanding any other provision of these Terms of Use, we may in our sole discretion change, discontinue, modify, restrict, suspend, or terminate the Website or any of its content at any time without any notice or liability to you or any other person.

We may in our sole discretion and for its convenience at any time immediately suspend or terminate your permission to access and use the Website without any notice or liability to you or any other person.

These Terms of Use as they apply to you are effective unless and until terminated.

Governing Law

These Terms of Use and all related matters are and will be governed by, and construed and interpreted solely in accordance with, the laws of the Province of British, U.K. and applicable federal laws of U.K., excluding any rules of private international law or the conflict of laws that would lead to the application of the laws of any other jurisdiction and excluding any law that implements the United Nations Convention on Contracts for the International Sale of Goods.

 

 

DISTANT SALES AGREEMENT

ARTICLE-1 SUBJECT MATTER

Such Distant Sales Agreement (“Agreement”) covers identification of the rights and obligations as prescribed under the Law Nr. 6502 on Protection of Consumer and the Regulation on Distance Contracts with respect to sales and delivery of the product(s), which are ordered electronically through www.basakbaykal.co.uk  and whose code, name, quantity and sales price are provided in the Article 4, and as prescribed under the other regulations with respect to sales and delivery of the product sold by the Seller.

ARTICLE-2 PARTIES

SELLER

Trade Name: Basak Baykal Kuyumculuk Sanayi ve Ticaret Ltd Sti

Address: Sarac Ishak Mah. Tatlikuyu Hamami Sk. Pasa Apt.No:18 Ic Kapi No:403

Fatih / Istanbul

Tax Office: Beyazit

Tax Number: 1440829100

E-mail: info@basakbaykal.co.uk 

 

PURCHASER

Full Name/Trade Name:

Address:

Telephone:

E-mail:

ID number (for domestic orders only)

The customer’s address and contact details used while signing up for the website shall be taken as basis. The SELLER shall not assume the responsibility of the PURCHASER who provides any wrong information.

ARTICLE-3 EFFECTIVE DATE

Such Agreement, which has already been executed by the SELLER in two copies, has been executed and accepted by the PURCHASER on [date], and a copy thereof has been sent to the e-mail address of the PURCHASER.

ARTICLE-4 PRODUCTS

The primary characteristics of the products are available at www.basakbaykal.co.uk 

The prices as specified and announced on the website shall constitute the sales price. Such price lists shall be valid until they are updated by the SELLER.

ARTICLE-5 DELIVERY SCHEDULE

Address of Delivery:

To Be Received By:

Details of Invoice:

Products will be made upon order, which may take up to 2-4 weeks depending on the complexity of the given item. In the event that the product is available in the stock, then the product shall be started to be shipped by Basak Baykal. within a period of 1-3 days following performance of the payment by the Purchaser, at the latest.

The product(s), constituting the subject matter of the agreement, shall be delivered either to the PURCHASER or any person/organization, as designated by the same, within the period described under the preliminary information depending on the residential address of the PURCHASER with respect to each product, provided that such period shall not exceed the statutory period of 30 days. Such period may be extended provided that the PURCHASER is notified about the matter in advance.

In the event that the Product, constituting the subject matter of the agreement, is to be delivered to any person/organization other than the PURCHASER, then the SELLER shall not be held liable for the fact that such person/organization, to whom/which the product will be delivered, has not accepted such delivery.

The shipment shall be performed free of charge for all orders. In respect of the overseas orders, custom duties and taxes will also be paid by Basak Baykal.

Any and all products shall be shipped from Istanbul, Turkey.

ARTICLE-6 GENERAL TERMS AND CONDITIONS

6.1. The PURCHASER hereby represents and declares that s/he/it has obtained any information about the primary characteristics of the products, the sales price, payment method and other preliminary information, including the delivery details, through the website, and also that s/he/it agrees and confirms such information electronically. 

6.2. The Products, constituting the subject matter of the agreement, shall be delivered either to the PURCHASER or any person/organization, as designated by the same, within the period described under the preliminary information available on the Website depending on the distance between the PURCHASER and the SELLER, provided that such period shall not exceed the statutory delivery period of 30 days.

6.3. The SELLER shall be responsible for delivery of the Products in a complete and intact manner with the characteristics as specified under the order.

6.4. In the event that the products, constituting the subject matter of the agreement, becomes impossible to be delivered, then the SELLER shall notify the PURCHASER of such matter within the performance period as specified under the Agreement, and s/he/it shall refund the price, collected from the PURCHASER, to the same as a single amount within a period of 10 days.

6.5. In respect of delivery of the products constituting the subject matter of the agreement, it is required to have the copy hereof, which bears the signature, submitted to the SELLER, and to have the price thereof paid through any payment method preferred by the PURCHASER. The SELLER shall be deemed to have been relieved of the obligation to deliver the products in the event that the price of the product is not paid for any reason whatsoever, or that the payment is canceled on the bank records for any reason whatsoever.

6.6. In the event that the SELLER fails to deliver the product, constituting the subject matter of the agreement, timely due to any vent of force majeure or any extraordinary circumstances such as adverse weather conditions, interruption of transport, etc., which prevent the transportation, then the SELLER shall be obliged to notify the PURCHASER of such matter. In such case, the PURCHASER may exercise any of her/his/its rights to cancel the order, and/or to replace the product, constituting the subject matter of agreement, with the equivalent thereof, if applicable, and/or to postpone the delivery period until such preventive circumstance is eliminated. In the event that the PURCHASER cancels the order, then the amount paid by the same shall be paid within a period of 10 days, as a refund to the credit card account in case of payments performed through the credit card.

In case of occurrence of any impossibility during supply of the certain products, then the SELLER shall inform the PURCHASER about the matter by e-mail or telephone. In the event that the product is not possible to be delivered, then the payment shall be refunded to the PURCHASER as soon as possible

The SELLER shall be entitled to reject or cancel the order in the event that s/he/it suspects any fraud or illegal transaction performed by the PURCHASER.

 

ARTICLE 7- GENERAL PROVISIONS FOR WEBSITE

7.1 The minors under the age of eighteen shall not be allowed to do shopping. Such persons may only purchase the product, they wish, through the agency of their parents.

7.2 The return of the products shall be accepted, and the price of the products sold shall be refunded verbatim, provided that our customers fulfill the terms and conditions for return process.

7.3 The product information available on the website has been prepared by performing extensive researches, by consulting the experts, and by searching the necessary resources. The product information hereunder shall be intended for information purposes only. The SELLER shall not be liable for any problem and negativity, which may arise from the information hereunder

7.4 Our products may only be sold online. The SELLER may cease the shopping traffic temporarily or permanently without notifying the members of such matter.

 

ARTICLE 8- ACCURACY OF PRODUCT DETAILS AND STOCK STATUS:

Our product and service proposals available on the website shall be updated continuously. The products or services available on the SELLER’s website may be mispriced, misidentified or unavailable, and any delay may occur with respect to updating the information available on the Website. The PURCHASER agrees and acknowledges such matter by executing the Agreement.

The SELLER does not guarantee the accuracy or completeness of any information such as product images, prices, technical specifications, stock status and services. The SELLER shall be entitled to change or update the information and to correct the errors, inaccuracies and deficiencies at any time without serving any prior notice to the PURCHASER. 

ARTICLE 9- EVENT OF DEFAULT AND LEGAL CONSEQUENCES THEREOF

The PURCHASER hereby acknowledges, represents and warrants that the card holder shall pay an interest in accordance with the credit card agreement, which is executed by and between the card holder and the bank, and s/he/it shall be accountable to the bank for such matter in the event that s/he/it goes into default in case of performance of her/his/its payments through the credit card. In such case, the relevant bank may take legal actions, and it may object any claim against the PURCHASER with respect to the costs and the attorney’s; in any case, in the event that the PURCHASER goes into default due to her/his/its debt, then the PURCHASER hereby accepts that the s/he/it shall pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.

ARTICLE-10 COMPETENT JURISDICTION

Any dispute, which might arise during the course of performance of the agreement, shall be submitted to and settled by the Arbitration Committees for Consumer Issues and Consumer Courts at the jurisdiction of the PURCHASER or SELLER up to the value announced by the Ministry of Industry and Commerce. They shall constitute the authorities with which the PURCHASER will contact.

In case of placement of the order, the PURCHASER shall be deemed to have agreed any and all the terms and conditions as prescribed under the agreement.

The Agreement has been executed for commercial purposes.