Distance Sales Contract

FOEN | Last updated: 31 October 2026

1. Parties

Seller and data controller: FOEN TASARIM VE MÜCEVHERAT SANAYİ TİCARET LİMİTED ŞİRKETİ

Registered address: Harbiye Mahallesi, Teşvikiye Caddesi İsmet Apartmanı No:45 İç Kapı No:1, Şişli / İstanbul, Türkiye

MERSIS number: 0388146555500001

Trade registry: Istanbul Trade Registry Office, 286959-5

Tax office and number: Beyoğlu Tax Office, 3881465555

Website: https://foenjewelry.com

Email: info@foenjewelry.com

Phone: +90 545 855 39 36

Registered electronic mail (KEP): foen@hs01.kep.tr

The Buyer is the consumer whose details appear in the order summary and who acts for purposes other than their trade or profession. Creating an account on the website is not required in order to be a party.

2. Subject and Scope

This contract governs the sale and delivery of products ordered electronically through foenjewelry.com and the rights and obligations of the parties. Law No. 6502 on Consumer Protection, the Distance Contracts Regulation and other applicable mandatory legislation apply. For purchases made for commercial or professional purposes, whether consumer provisions apply is determined according to the nature of the specific transaction; general provisions are reserved. Membership or terms of use cannot restrict the consumer rights set out in this contract and under the law.

3. Order and Product Information

The name, code, essential characteristics, selected size, colour and stone options, quantities and prices including taxes of the products ordered are displayed in the order summary. Discounts, any shipping and other charges, the total amount payable, the payment method and delivery details are presented to the buyer before the order is confirmed. Any personalisation, bespoke production terms and exceptions to the right of withdrawal are also separately stated before the order is placed.

4. Formation of the Contract and Payment

The buyer places the order by reviewing the product characteristics, the total price and the pre-contractual information and confirming them electronically. It is clearly stated immediately before confirmation that confirming the order entails an obligation to pay. The contract and the pre-contractual information, together with the order-specific details, are sent to the buyer in a storable form. The buyer may correct order and address errors before confirmation.

Payment is made by card or by other methods offered on the payment screen. The number of instalments, the total amount and any financing cost are displayed before payment. If the price is not paid or the payment is not validly completed, no delivery obligation arises. In the event of unauthorised payment claims, the parties' rights under the legislation are reserved; the consumer is not subjected to unlimited liability irrespective of the consumer's fault.

Charges for additional products or services are not collected without the buyer's express consent. Discounted prices apply for the announced period and under the announced conditions. The transaction rules of the payment institution and the bank do not remove the consumer's statutory rights against FOEN.

5. Dispatch, Delivery and Costs

Products that are in stock and do not require personalisation or bespoke production are handed over to the carrier within no more than 2 business days following confirmation of the order and payment. Products made to the consumer's specifications or personalised are handed over to the carrier within no more than 10 business days. For products that are not in stock and are produced to order as standard, the dispatch time is notified separately before the order is placed; unless otherwise stated, it is 10 business days.

These periods are dispatch periods, i.e. the time until the product is handed over to the carrier, and not delivery periods to the customer. Transit time varies separately depending on the delivery address. Order-specific dispatch and estimated delivery information is displayed before the order is placed. For orders that must arrive by a specific date and for special requests, FOEN may be contacted.

Without prejudice to any periods separately agreed for products prepared in accordance with the consumer's personal requests or needs, delivery may not exceed the maximum period prescribed by law. Production workload alone does not constitute grounds for extending the period unilaterally or indefinitely. The consumer will be informed in the event of a delay; the consumer's statutory rights of termination and refund are reserved.

For standard delivery within Türkiye, the shipping charge is borne by FOEN unless expressly indicated otherwise before the order is placed. Additional charges arising from a special delivery option chosen by the buyer are collected only if they have been clearly disclosed in advance and accepted.

The product is delivered to the buyer or to a person expressly authorised by the buyer. Leaving the product with a neighbour, building attendant or any other person without the buyer's authorisation does not in itself constitute performance. Where the carrier designated by FOEN is used, the risk of loss and damage remains with FOEN until the product is delivered to the consumer or to the person designated by the consumer. Delays caused by the carrier do not remove FOEN's statutory obligations.

The buyer may report visible damage at the time of delivery and, where possible, have it recorded. The absence of a damage report or the acceptance of the package does not, in itself, constitute a waiver of the rights relating to defective goods.

6. Impossibility of Performance and Extraordinary Circumstances

If it becomes apparent that delivery of the product has become impossible, FOEN shall inform the buyer in writing or via a durable medium within 3 days of becoming aware of this and shall refund all amounts collected, including any delivery costs, within no more than 14 days from the notification. The product being out of stock does not, in itself, constitute impossibility.

In the event of a natural disaster, an extraordinary event preventing transport or similar force majeure, the consumer is informed of the delay and the available options. Any extension of time or delivery of a different product is subject to the buyer's acceptance. The statutory rights of termination, withdrawal and refund are reserved.

7. Right of Withdrawal

For products not falling within the exceptions to the right of withdrawal, the consumer may withdraw from the contract within 14 days from the date on which the consumer, or a third party other than the carrier designated by the consumer, takes delivery of the product, without giving any reason and without incurring any penalty. The right of withdrawal may also be exercised before delivery. Where products in a single order are delivered separately, the period starts upon delivery of the last product.

It is sufficient for the notice of withdrawal to be sent to FOEN in writing or via a durable medium such as email before the period expires; FOEN's approval is not required. The email address is info@foenjewelry.com. Requests and information support may be obtained by phone; however, the decision to withdraw should additionally be communicated by email or written notice so that it is recorded. Providing the order number and product details facilitates the process; stating a reason is not mandatory.

Unless FOEN offers to collect the product itself, the consumer shall send the product back within 14 days from the notice of withdrawal. Use of the model withdrawal form is not mandatory; an email or letter clearly stating the same intention is sufficient.

8. Return Shipment and Refund

For statutory withdrawal returns within Türkiye, the designated carrier is Yurtiçi Kargo. No return shipping fee is charged to the consumer for returns made through this carrier. If the carrier has no branch where the consumer is located, FOEN arranges for the product to be collected without requesting any additional cost. A shipping code and dispatch instructions for the return may be obtained from FOEN; requesting such instructions does not constitute an approval requirement for the validity of the notice of withdrawal. The product may be sent to the registered address or to the authorised return address notified in writing by FOEN in relation to the order.

Where a different carrier is chosen, the cost and liability are determined in accordance with the applicable legislation. For defective, incorrect or incomplete shipments attributable to FOEN, the necessary return and exchange shipping costs are borne by FOEN.

The product should be sent back in a manner that prevents damage during transport, together with its certificate, accessories and any gifts linked to the product, if applicable. Where possible, the original box and packaging should be used and the invoice or order information should be enclosed. The absence of the packaging or the invoice alone does not automatically remove the statutory right of withdrawal. The consumer cannot be held liable for changes and deterioration resulting from use of the product in accordance with its operation, technical specifications and instructions for use; any other loss of value is assessed in accordance with the applicable legislation.

For products returned under the right of withdrawal, the price paid and, where required by law, the delivery costs to be refunded are reimbursed within no more than 14 days from the date on which the product is handed over to the carrier specified in the pre-contractual information. If a different carrier is used, the period starts on the date the product reaches FOEN. In the case of withdrawal before delivery, the period starts when the notice of withdrawal reaches FOEN.

The refund is made by FOEN in a single payment, in a manner consistent with the payment instrument used for the purchase, without imposing any cost or obligation on the consumer. The way in which a bank reflects an instalment transaction on the card depends on the bank's practice. Except for a different method expressly accepted by the consumer and entailing no cost to the consumer, the amount will not be compulsorily converted into a gift voucher or store credit.

9. Exceptions to the Right of Withdrawal and Bespoke Products

Products prepared in accordance with the consumer's requests or personal needs are excluded from the statutory right of withdrawal. Moment products engraved with a name, date or time, rings manufactured to a size specific to the consumer, and bespoke design requests fall within this scope. A standard product that is produced after the order solely because it is not in stock is not, for that reason alone, deemed personalised. The bespoke nature of the product and the exception to the right of withdrawal are clearly notified to the consumer before the order is placed.

For earrings and piercing products, the statutory right of withdrawal cannot be exercised if, after delivery, protective elements such as packaging, tape, seal or package have been opened and the return of the product is unsuitable for reasons of health or hygiene. Requests made without such protective elements having been opened will not be rejected outright on the grounds of this exception.

The statutory exception relating to goods whose price depends on fluctuations in the financial markets and is beyond FOEN's control applies only where the specific sale meets those conditions. Not all jewellery is automatically excluded from returns under this heading.

These exceptions do not remove the consumer's statutory rights in respect of defective, incorrect or non-conforming products.

The size, name, date, time and other details forming the basis of bespoke production are checked by the buyer when placing the order. Requests for correction before production begins are considered wherever possible. FOEN is responsible for accurately transferring the personalisation details approved by the buyer to production. The existence of an exception to the right of withdrawal does not prevent an order for which production has not yet started from being cancelled by agreement of the parties.

10. Voluntary Exchange

In addition to the statutory right of withdrawal, FOEN offers a voluntary product exchange for eligible products within 14 days from the date of delivery. The product must be unused, retain its original condition and be complete with its certificate, accessories and any gifts. Voluntary exchange is not offered for personalised products or products genuinely manufactured to a specific size. Voluntary exchange is not available for earrings and piercings whose hygiene protection has been opened.

In a voluntary exchange, the shipping costs for sending the product to FOEN and for sending the new product to the customer are borne by the customer. The amount is notified to the customer before the transaction is completed. Statutory exchange requests relating to defective or incorrect products are not subject to these charges.

An exchange is subject to the stock and production availability of the selected product. Where a higher-priced product is selected, the difference is paid by the customer. In a voluntary exchange for a lower-priced product, the remaining difference is not refunded in cash; the customer may add one or more products to the same exchange transaction and pays the difference if the total exceeds the original purchase amount. Where no suitable product is selected, the transaction will not be completed without the customer's consent.

This price difference rule applies only to a voluntary exchange chosen by the customer. The right to request a refund under the statutory right of withdrawal and the rights to a refund or price reduction arising from defective goods cannot be restricted. If an exchange is not possible, these rights of the consumer continue to apply, provided that their conditions are met.

11. Defective Products, Care and Repair

If the product is defective, the consumer may exercise one of the following rights under Law No. 6502: withdrawal from the contract with a refund of the price, a price reduction proportionate to the defect, free repair unless it entails excessive cost, or, where possible, replacement with a non-defective equivalent. Statutory limits and proportionality provisions are reserved. The necessary costs arising from the exercise of these rights are not charged to the consumer.

Liability for defective goods is subject to a limitation period of two years from delivery, without prejudice to cases where the law provides for a longer period and to provisions on gross negligence or fraudulently concealed defects. Additional care or repair services offered by FOEN do not reduce these rights.

FOEN offers additional free repair support for manufacturing defects within the first 12 months from delivery. This support is in addition to the consumer's longer-term statutory rights; it does not limit legal liability to 12 months. Damage caused by ordinary wear and tear or by use contrary to the instructions for use is excluded from this additional service.

The necessary shipping costs within the scope of statutory free repair are borne by FOEN. Care, resizing (reduction or enlargement) and paid repair requests outside the scope of statutory rights are priced after the technical suitability of the product has been assessed. The fee and estimated time are notified to the customer; no paid work is carried out without approval. The shipping costs for such services are also notified in advance.

12. International Deliveries

For international orders, the delivery region, shipping charge and known additional costs are displayed before the order is confirmed. Import taxes, customs duties and other statutory charges of the recipient country are borne by the buyer unless expressly stated otherwise before the order is placed. The possibility of additional charges whose amount cannot reasonably be calculated in advance is also notified before the order is placed.

For international returns and exchanges, shipping and customs procedures are coordinated with FOEN. The allocation of costs is determined on the basis of the mandatory law applicable to the order and the pre-contractual information; no cost that is legally borne by FOEN will be charged to the consumer. The product being held at customs or the buyer's failure to take delivery does not, in itself, remove all statutory return rights. Mandatory consumer protection provisions in the consumer's country of residence are reserved.

13. Personal Data and Electronic Communications

The Privacy Notice (KVKK) is provided for data processed in connection with orders, personalisation and customer service, and the Cookie Policy is provided for cookies. Acceptance of this contract does not mean that explicit consent has been given to advertising or marketing communications or to non-essential cookies. Marketing preferences are separate and optional.

14. Notices, Records and Disputes

Requests and complaints may be submitted to info@foenjewelry.com or by phone at +90 545 855 39 36. Depending on the value of the dispute and the monetary thresholds in force, the consumer may apply to the Consumer Arbitration Committee or the Consumer Court at the place of the consumer's residence or where the consumer transaction was carried out. Provisions on mandatory mediation as a precondition to litigation are reserved. No exclusive jurisdiction clause restricting the consumer's statutory jurisdiction and application rights applies.

The parties may give notices in writing or by electronic means compliant with the legislation. Electronic records and correspondence are assessed within the framework of the statutory rules of evidence; FOEN's records are not given the status of unilateral, conclusive and exclusive evidence. The invalidity of any provision does not affect the other provisions or the consumer's mandatory rights. Amendments made to the text after the order are not applied retroactively to a concluded contract to the detriment of the consumer.

15. Entry into Force

The contract is concluded when the buyer, having reviewed the pre-contractual information and given the necessary electronic confirmation, confirms the order which entails an obligation to pay. The order-specific version sent to the buyer prevails.

Annex: Model Withdrawal Notice

I hereby notify FOEN that I am exercising my right of withdrawal from the contract for the sale of the product below.

Order number:

Order date and delivery date:

Product(s) and quantity to be returned:

Consumer's full name and address:

Email / phone:

Date of notice:

Signature (only if sent on paper):