1. Parties, Scope and Acceptance of Terms
By accessing or using this website, you are deemed to accept these Terms of Use set by ÖZKAN KIYMETLİ MADENLER VE KUYUMCULUK ANONİM ŞİRKETİ (the “Company”) and all applicable laws. If you do not accept them, please do not use the website.
These Terms cover all uses of the website, including visits, registration, product reviews and orders. Website content is protected by the Turkish Commercial Code No. 6102, the Law on Intellectual and Artistic Works No. 5846, the Industrial Property Law No. 6769, the Personal Data Protection Law No. 6698, the Law on the Regulation of Electronic Commerce No. 6563, the Consumer Protection Law No. 6502, the Cybersecurity Law No. 7545, the Law on the Prevention of Laundering Proceeds of Crime No. 5549, and other applicable legislation.
2. Definitions
Company: ÖZKAN KIYMETLİ MADENLER VE KUYUMCULUK ANONİM ŞİRKETİ.
Website / Site: the website operated by the Company and its extensions.
User: any natural or legal person visiting or using the Site.
Member: a User who creates an account on the Site.
Product: precious metals, stones, jewellery and other products offered for sale through the Site.
3. Intellectual Property and Limits on Use
The copyrights and industrial property rights in the products, designs, information, documents, policies and other texts, images, graphics, logos, marks, trade names, photographs, videos, sound recordings and other content on the Website belong to the Company.
No part of this content may be copied, reproduced, adapted, published, distributed, altered, sold or otherwise used without the Company’s prior written permission.
Content provided through the Site may be accessed only for personal, non-commercial use.
Copyright, trademark and notices under the Law on Intellectual and Artistic Works must not be removed from material copied or printed from the Website.
Product images may differ slightly from actual products in colour, brilliance or dimensions due to production and photography; images are for illustration.
Unauthorised use may give rise to civil and criminal liability; the Company reserves its right to claim compensation.
4. Membership and Account Security
The Member is responsible for ensuring that information supplied during registration is accurate, current and complete.
The Member is responsible for keeping their username and password confidential; transactions made using them are attributed to the Member.
The Company reserves the right to suspend or close accounts used contrary to law or these Terms.
5. Special Provisions for Precious Metals and Products
Prices of precious metals and jewellery offered on the Site may change even during a single day in response to international gold, precious-metal and foreign-exchange markets.
A price displayed or added to the cart is valid when the order becomes final and payment is approved. In cases of price fluctuation, stock depletion or an obvious material error, the Company reserves the right not to approve the order and to refund the amount paid.
Product fineness, weight and purity are stated in the product description; technical tolerances are governed by applicable law and industry practice.
An order is established when the Company approves it and confirms it to the User.
6. MASAK and Identity Verification
The Company is an obliged party under Law No. 5549 in its trade in precious metals and jewellery.
Where the total amount is TRY 185,000 or more in one transaction or several connected transactions, the Company verifies identity and may request the necessary identity and address details and documents from the User. Cases where legislation requires verification regardless of amount or at a different amount remain unaffected.
If the required information is not provided, the transaction cannot be completed and may be treated as a suspicious transaction under applicable law.
7. Orders, Payment and Pricing
Payments are collected through methods offered on the Site and secure payment infrastructure. Credit and debit card payments are accepted through the Tami Virtual POS.
Taxes and other legal charges are reflected in prices as required by law.
Prices clearly and manifestly displayed incorrectly because of a material error do not bind the Company; the order will then be cancelled and the amount paid refunded.
8. Delivery
Products are sent only to addresses in Türkiye through Brink’s Kargo. The Company pays outbound shipping (TRY 0 for the User). The order-specific delivery timeframe is shown before payment. In-stock products are handed to the carrier within no more than 2 business days after order confirmation; products not in stock for which an order is accepted are handed to the carrier within no more than 14 business days. These are dispatch periods, not delivery timeframes.
Our statutory delivery responsibilities and consumer rights remain unaffected. You may contact us if delivery is delayed.
If a package is damaged on delivery, the User retains the right to request a damage report and decline delivery.
9. Right of Withdrawal and Exceptions
In consumer transactions, withdrawal is exercised under Law No. 6502 and the Distance Contracts Regulation. The Company pays return shipping for a statutory withdrawal from an eligible product. For return-shipping information, contact us at [email protected].
Products priced by financial-market fluctuations outside the Company’s control and products made to personal or order specifications (custom design, size or engraving) may fall within statutory exceptions. Rings described on the Website as “made to order”, not kept in stock and made to the finger size stated during the order are not eligible for withdrawal. Withdrawal may be exercised for rings shipped from stock in their existing size. The status is also shown on the product page or during ordering; rights concerning defective goods remain unaffected.
10. Personal Data Protection
The Company complies with applicable legislation, primarily the Personal Data Protection Law No. 6698 (KVKK), when processing and protecting personal data obtained through the Website, and makes its relevant notices available through the Site.
Identity and address information collected under MASAK rules is securely retained for statutory periods and is not shared with third parties except where required by law or legal audit.
11. Commercial Electronic Communications
Commercial electronic communications from the Company are sent within the scope of the User’s consent in accordance with Law No. 6563 and the Message Management System (İYS) rules.
The User may opt out of receiving such communications at any time.
12. User Obligations
The User agrees to comply with the following obligations when using the Website:
Use the Website in accordance with applicable law, morality and good faith.
Do not infringe the intellectual property, copyright, trademark or other rights of third parties.
Do not use reverse engineering, viruses, malware, trojans, spam, spyware or other technical interventions that could harm the Website or its infrastructure; comply with the prohibitions in Cybersecurity Law No. 7545.
Take necessary antivirus and security measures to check files, information and documents downloaded from or shared through the Site for harmful software.
Do not reproduce, share or commercially use Website content without permission.
Do not share false, misleading or unlawful content.
Provide truthful information during ordering and payment.
Contrary use may lead the Company to pursue legal remedies and seek compensation for resulting damage.
13. Disclaimer
All information on the Website is provided “as is”. Some information and documents may become outdated. The Company gives no express or implied warranty as to their accuracy, currency, completeness or fitness for a particular purpose.
The Company does not accept liability for direct, indirect, special or consequential loss arising from use of the Website or its content.
The Company is not liable for loss arising from interruptions, errors, data loss, malware or third-party interference during access to the Website.
14. Limits of Liability
The Company uses its best efforts to keep the Website running without interruption or error but does not guarantee this.
The User accepts the risks arising from access to and use of the Website.
The Company cannot be held liable for loss arising from use or inability to use the Website, including loss of profit, data loss or business interruption.
15. Force Majeure
If circumstances beyond the parties’ control, such as natural disasters, fire, epidemics, war, terrorism, cyberattacks, infrastructure and communication failures, supply and logistics disruption or decisions of public authorities, prevent or delay performance, the Company incurs no liability for that failure or delay.
16. Links
The Website may link to third-party sites solely for convenience.
The Company is not responsible for the content of linked sites; the User accesses them at their own risk.
17. Amendments
The Company reserves the right to amend, update or renew these Terms without prior notice.
Changes take effect when published on the Website.
18. Effective Date
These Terms take effect when published on the Website and remain applicable in their current form when the User continues to use the Site.
19. Governing Law and Courts
These Terms are governed by and construed under the laws of the Republic of Türkiye.
Istanbul Central Courts and Enforcement Offices have exclusive jurisdiction over disputes between the parties.