By using the website www.annalisadiamond.com and/or any information available on this website and/or by becoming a member of the website, you shall be deemed to have read, understood, and accepted the terms and conditions set forth below. If you do not accept the stated terms, please do not use the website and do not complete the membership process.
1. PARTIES
a) Company: Hereinafter referred to as the “Company” under this Agreement.
Trade Name: ÖZKAN KIYMETLİ MADENLER VE KUYUMCULUK A.Ş.
Website: www.annalisadiamond.com
Address: Levent Mah. Begonya Sokak, No: 2 Interior Door No: 1 Beşiktaş/ Istanbul
MERSIS No: 0698100991400001
E-mail: [email protected]
b) Member / User: The natural or legal person who becomes a member of the website or uses the website, hereinafter referred to as the “Member” or the “User” under this Agreement.
2. SUBJECT MATTER AND SCOPE OF THE AGREEMENT
The subject matter of this Agreement is to determine the terms regarding the Member’s registration with and use of the website www.annalisadiamond.com, as well as the rights and obligations of the parties. The Agreement covers all forms of use, including visiting the website, creating a membership account, reviewing products, and placing orders.
The website and its content are protected under the applicable legislation in force, primarily including 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, and the Law on the Prevention of Laundering Proceeds of Crime No. 5549.
3. MEMBERSHIP AND ACCOUNT
3.1. Membership is not mandatory; however, it is recommended in order to benefit from fast shopping and advantages. Membership is free of charge.
3.2. Persons under the age of 18 may not make purchases through the website. By logging into and/or becoming a member of the website, the Member represents and accepts that they are over the age of 18 and have full legal capacity.
3.3. The Member accepts that the information provided during registration and subsequently updated is accurate, current, and complete, and that they shall be personally responsible for any damages arising from the inaccuracy or incompleteness of such information.
3.4. The Member is responsible for maintaining the confidentiality of the username and password associated with the membership account. All transactions carried out using such information shall be deemed to have been performed by the Member. If the Member becomes aware of any unauthorized use of the password, the Member is obliged to immediately notify the Company thereof.
3.5. Purchases made through the website shall be deemed to be for personal use and not for resale purposes.
4. RIGHTS AND OBLIGATIONS OF THE MEMBER
The Member agrees to comply with the following obligations while using the website:
4.1. To use the website in compliance with the applicable legislation, public morality, public order, and the rules of good faith.
4.2. Not to infringe the intellectual property, copyright, trademark, or other rights of third parties.
4.3. Not to engage in any technical interventions that may harm the website or its infrastructure, including reverse engineering, viruses, malware, trojan horses, spam, spyware, etc.; and to comply with the prohibitions under the Cybersecurity Law No. 7545.
4.4. To take the necessary antivirus and security measures to check that any files, information, and documents downloaded from or made available through the website do not contain harmful software.
4.5. Not to reproduce, share, or use the website content for commercial purposes without authorization.
4.6. Not to share false, misleading, or unlawful content; and to provide truthful information during order and payment processes.
4.7. The Member is obliged to retain correspondence and notifications exchanged with the website.
Any use to the contrary shall give rise to the Company’s rights to suspend/terminate the membership, block access, and claim compensation for any damages incurred.
5. RIGHTS AND OBLIGATIONS OF THE COMPANY
5.1. The Company reserves the right to make changes to the website content, products, prices, visuals, and other information without prior notice. Such changes shall enter into force as soon as they are published on the website.
5.2. The Company shall not be responsible for price or content errors and reserves the right to cancel orders containing an obvious material error.
5.3. The Company reserves the right to suspend or close accounts for which use contrary to the legislation or this Agreement is detected, without prior notice.
5.4. The Company shall use its best efforts to ensure the uninterrupted and error-free operation of the website; however, it does not guarantee the same.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. All copyrights and industrial property rights relating to any products, designs, information, documents, policies, texts, visuals, graphics, logos, trademarks, trade names, photographs, videos, and audio recordings available on the website belong to the Company.
6.2. All or part of such content may not be copied, reproduced, processed, published, distributed, altered, sold, or otherwise used without the Company’s prior written consent; copyright and trademark notices on the content may not be removed.
6.3. Product images may show limited differences from the actual product in terms of color, brightness, and measurements due to production and photography conditions; visuals are for promotional purposes.
7. PROVISIONS REGARDING THE SALE OF PRECIOUS METALS AND PRODUCTS
7.1. Prices of precious metals and jewelry products may fluctuate even during the day depending on instant gold/precious metal and foreign exchange rates in international markets.
7.2. The price added to the cart or displayed shall be the price valid at the moment the order is finalized and the payment is approved. In cases of price fluctuation, stock depletion, or obvious material error, the Company reserves the right not to approve the order and to refund the amount paid.
7.3. The fineness, weight, and purity values of the products are specified in the product descriptions; technical tolerances are within the framework of applicable legislation and industry practices.
7.4. Certain products are manufactured upon order. For products that are not in stock and cannot be manufactured, the order amount shall be refunded. The order shall be deemed established once it is approved by the Company and confirmed to the Member.
8. MASAK AND IDENTITY VERIFICATION OBLIGATION
8.1. The Company is an obliged party under MASAK regulations pursuant to Law No. 5549 within the scope of precious metals and jewelry trade.
8.2. Where the total amount reaches or exceeds TRY 185,000 in a single transaction or multiple connected transactions, identity verification is a legal obligation. The Member agrees to provide the identity and address information requested within this scope.
8.3. If the required information is not provided, the transaction cannot be carried out and the matter may be assessed as a “suspicious transaction” under the applicable legislation.
9. PAYMENT
9.1. Payments are received through the payment methods offered on the website and via secure payment infrastructure. Taxes and other legal obligations relating to prices are reflected in accordance with the applicable legislation.
9.2. For payments made by bank transfer/EFT, the date on which the amount reaches the Company’s account shall be deemed the order date. Orders for which payment is not completed within the specified period may be cancelled.
10. DELIVERY AND INSURANCE
10.1. Products are delivered by insured cargo or contracted transportation methods suitable for their nature.
10.2. Delivery periods are estimated; the Company shall not be held liable for delays arising from force majeure events or from the carrier.
10.3. If the package is damaged at the time of delivery, the Member reserves the right not to accept delivery of the product by having a damage report issued.
11. RIGHT OF WITHDRAWAL AND EXCEPTIONS
11.1. In consumer transactions, the right of withdrawal is exercised within the framework of the Consumer Protection Law No. 6502 and the provisions of the Distance Contracts Regulation.
11.2. Products whose prices depend on fluctuations in financial markets and are not under the Company’s control, as well as products manufactured specifically for the person/order (custom design, products with sizing/engraving applied), may fall within the exceptions to the right of withdrawal pursuant to the applicable legislation. This matter shall be separately notified at the product or order stage.
12. PROTECTION OF PERSONAL DATA
12.1. In processing and protecting personal data obtained through the website, the Company complies with the applicable legislation in force, primarily including the Personal Data Protection Law No. 6698; and makes the Privacy Notice, Privacy and Cookie Policy, and Explicit Consent Text available to data subjects through the website.
12.2. Identity and address information collected within the scope of MASAK legislation shall be securely retained throughout the statutory retention periods and shall not be shared with third parties except within legal audit processes.
13. COMMERCIAL ELECTRONIC COMMUNICATIONS
13.1. Commercial electronic communications to be sent by the Company shall be sent within the scope of the Member’s consent in accordance with Law No. 6563 and the legislation on the Message Management System (IYS).
13.2. The Member may exercise the right to refuse receiving communications at any time.
14. LIMITATION OF LIABILITY
14.1. The information available on the website is provided “as is”; the Company gives no express or implied warranty as to the accuracy, currency, completeness, or fitness for a particular purpose of such information.
14.2. The Company shall not be liable for any direct, indirect, special, or consequential damages that may arise due to interruption, error, data loss, malware infection, or third-party interventions that may occur during access to or use of the website.
14.3. The website may contain links to third-party websites; the Company is not responsible for the content of such websites, and their use is entirely at the Member’s own risk.
15. FORCE MAJEURE
In cases of force majeure beyond the control of the parties, such as natural disasters, fire, epidemics, war, terrorism, cyberattacks, infrastructure and communication failures, supply and logistics disruptions, and decisions of official authorities, the Company shall not incur any liability for failing to perform or for delaying the performance of its obligations.
16. TERM, TERMINATION OF THE AGREEMENT, AND TERMINATION OF MEMBERSHIP
16.1. The Member may terminate their membership at any time through the website; in such case, the account’s login authorization shall be removed.
16.2. If the Member acts in breach of this Agreement, the Company may terminate or suspend the membership without any notice.
16.3. In the event of termination of the membership, the Company may delete the information relating to the account, without prejudice to the retention obligations prescribed under the legislation; the Member may not claim compensation on this ground.
17. EVIDENTIARY AGREEMENT
The parties agree that, in any disputes that may arise from this Agreement, the Company’s books, records, electronic records, and system records shall constitute conclusive and exclusive evidence pursuant to the Code of Civil Procedure No. 6100.
18. RIGHT TO AMEND
The Company reserves the right to amend, update, or renew this Agreement without prior notice. Amendments shall become effective as of the date they are published on the website; the Member’s continued use of the website shall mean that the Member accepts the current version.
19. NOTIFICATIONS
19.1. The Member accepts that the e-mail address provided during registration shall be used for communication and notification purposes.
19.2. Changes in contact information must be notified to the Company in writing within no later than 5 (five) days; otherwise, notifications made to the existing address shall be deemed valid.
20. ENTRY INTO FORCE
This Agreement shall enter into force upon the Member’s use of the website or completion of the membership process and shall terminate upon the termination or cancellation of the membership.
21. GOVERNING LAW AND COMPETENT COURT
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Türkiye. Istanbul Central Courts and Enforcement Offices shall have exclusive jurisdiction over any disputes that may arise between the parties.
By approving this Agreement, the Member represents that they have read, understood, and accepted all provisions of the Agreement and that the information they have provided is accurate.