DISTANCE SELLING AGREEMENT (Distance Contract)

Effective date: Effective as of the date of publication on this Website.
Seller: SETA Creative LLC trading as SETA Silver
Address: 1209 MOUNTAIN ROAD PL NE STE N, ALBUQUERQUE, BERNALILLO COUNTY, NM 87110 USA
Email: info@setasilver.com
Phone: +90 (535) 676 8323
Website: https://setasilver.com

Consumer / Buyer: the natural person who purchases goods from the Seller via the Website.


1. Scope & Definitions

1.1. This Distance Selling Agreement (“Agreement”) governs contracts for the sale of goods concluded between the Seller and the Buyer by means of distance communication (i.e. via the Website) in accordance with applicable consumer protection law.
1.2. “Distance contract” means a contract concluded between the Seller and a natural person Buyer without the simultaneous physical presence of both parties, by means of an organized system of distance marketing. (e.g. online purchase).


2. Conclusion of the Contract — Order Process

2.1. Product pages display price, shipping cost estimate (if any), key product characteristics, and estimated delivery time.
2.2. To place an order, the Buyer selects product(s), proceeds to checkout, provides required billing/shipping details, and confirms the order by pressing the payment button. The order constitutes an offer by the Buyer to purchase the selected product(s).
2.3. The Seller will send an order confirmation to the Buyer’s email address. The contract is concluded when the Seller sends the order confirmation (or the product is dispatched, if specified otherwise).
2.4. The Seller may confirm, refuse, or cancel orders for legitimate reasons (e.g., stock unavailability, payment failure, obvious pricing error). If the Seller cancels after payment, the Seller will immediately refund any sums paid.


3. Price, Taxes & Payment

3.1. Prices shown on the Website are in USD and include VAT where applicable unless otherwise stated. Any customs duties or import taxes for cross-border shipments to the Buyer’s country are the Buyer’s responsibility, unless explicitly stated otherwise.
3.2. Payment is due at the time of order, by the payment methods offered at checkout (e.g., credit/debit card, PayPal, payment gateway). The Seller uses secure payment processing.
3.3. If the order price is incorrectly displayed due to a technical or human error, the Seller reserves the right to cancel the order and refund any payments.


4. Delivery & Risk of Loss

4.1. Estimated delivery time: 5-10 business days from order dispatch. Delivery times are estimates and not guarantees.
4.2. Risk of loss and damage to goods passes to the Buyer upon delivery to the address the Buyer provided, except where applicable consumer law provides otherwise.


5. Right of Withdrawal (Buyer’s Right to Cancel / Cooling-Off Period)

Important summary: In many jurisdictions (including Turkey and the EU) consumers have a statutory right to withdraw from distance purchase contracts within 14 days without giving any reason. The 14-day period typically starts from the day the Buyer (or a third party indicated by the Buyer) takes physical possession of the goods. The Seller must inform the Buyer of this right and provide instructions and a withdrawal form.

5.1. Withdrawal period: The Buyer may withdraw from the contract within 14 calendar days beginning from the day of receipt of the goods (or, for multiple-item orders shipped separately, from receipt of the last item).
5.2. How to exercise the right: To withdraw, the Buyer must notify the Seller within the withdrawal period by sending a clear statement to info@setasilver.com indicating the decision to withdraw, or by using the model withdrawal form included in this Agreement. The Seller will acknowledge receipt of the withdrawal.
5.3. Return of goods: After notifying the Seller, the Buyer must return the goods to the Seller at TURGUT OZAL MAH. 2167. SK. NO:3A/15 AKKENT 6 TWINS TRADE ANKARA/YENIMAHALLE TURKEY within 14 days (or as required by local law) and take reasonable care of the goods until they are returned. The Buyer should follow the Seller’s return instructions.
5.4. Refunds: If the Buyer withdraws, the Seller will reimburse all payments received (including standard outbound delivery costs) without undue delay and not later than 14 days from the date the Seller is informed of the Buyer’s decision to withdraw. The Seller may withhold reimbursement until the goods are received back or the Buyer provides proof of return shipment.


6. Buyer’s Costs on Withdrawal & Return Shipping

6.1. Unless otherwise stated at the point of sale, the Buyer must bear the direct cost of returning the goods when exercising the right of withdrawal. If the Seller arranged free outbound shipping, Seller shall reimburse standard outbound shipping costs to the Buyer where required by law.
6.2. If the goods returned are diminished in value resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods (i.e., use beyond normal inspection), the Seller may claim compensation from the Buyer for loss of value.


7. Exceptions to the Right of Withdrawal

7.1. The statutory right to withdraw may not apply to certain goods and services:

  • Custom-made or personalized items made to Buyer’s specification;
  • Sealed goods that are not suitable for return for health or hygiene reasons once unsealed after delivery (e.g., ear studs with sealed packaging);
  • Goods which by their nature are perishable or liable to deteriorate rapidly;
  • Sealed audio, video recordings or sealed software which were unsealed by the Buyer.
    7.2. The Seller will state any applicable exceptions on the product page and at checkout. (Note: the EU and Turkish rules include such exceptions — confirm specifically for each product).

8. Warranties, Faulty Goods & Remedies

8.1. The Seller warrants that goods will be of satisfactory quality, fit for normal purpose, and as described. In case of defects, the Buyer has statutory rights (repair, replacement, price reduction, or rescission) depending on applicable law.
8.2. To make a warranty claim, the Buyer should contact the Seller at info@setasilver.com with order number and photos/description of the issue. The Seller will provide return instructions and cover proven manufacturing defects in accordance with law.


9. Seller Cancellation / Late Delivery

9.1. If the Seller cannot deliver within the stated time and cannot procure comparable replacement, the Buyer may cancel the contract and receive a full refund. In many legal systems, if delivery is excessively delayed, the Buyer may have the right to terminate the contract and claim a refund.


10. Liability & Limitation

10.1. The Seller’s liability for death or personal injury resulting from the Seller’s negligence, or for fraud, cannot be excluded or limited. To the fullest extent permitted by law, the Seller’s liability for other losses is limited to the amount paid by the Buyer for the relevant goods. Specific limitations may vary by jurisdiction.


11. Price Errors & Right to Cancel

11.1. If a product is listed at an incorrect price due to typographical error or technical problem, the Seller reserves the right to refuse or cancel orders placed for the product at the incorrect price. If payment has already been taken, the Seller will issue a full refund.


12. Data Protection & Privacy

12.1. The Seller collects and processes Buyer personal data for order processing, delivery, and legal obligations. The Seller’s Privacy Policy explains how data is used, retained, and Buyer rights (access, rectification, deletion, objection). The Seller will comply with applicable data protection laws.


13. Intellectual Property

13.1. All content on the Website (text, images, designs, logos) is the Seller’s property or licensed. Buyers may not reproduce, distribute, or use content except for personal non-commercial use.


14. Platform-Specific Rules & Marketplace Sales

14.1. If goods are sold via third-party marketplaces (e.g., Etsy, Amazon, eBay), the Seller must also comply with those platforms’ seller policies (e.g., return policy display requirements). For example, Etsy requires sellers to set return policies for physical items and to inform buyers clearly.


15. Governing Law & Jurisdiction

15.1. This Agreement is governed by the laws of State of New Mexico, USA, except insofar as mandatory consumer protection laws of the Buyer’s country require otherwise. Nothing in this clause reduces the Buyer’s statutory rights where those rights cannot be waived by contract.
15.2. For Buyers who are consumers (natural persons) in jurisdictions providing mandatory consumer protections (e.g., EU member states, Turkey), those protections apply in addition to this Agreement.


16. Notices & Contact

16.1. For any questions, returns or complaints contact:
Email: info@setasilver.com
Returns address: TURGUT OZAL MAH. 2167. SK. NO:3A/15 AKKENT 6 TWINS TRADE ANKARA/YENIMAHALLE TURKEY
Phone: +90 (535) 676 8323
16.2. The Seller will respond to complaints within 5 business days.


17. Miscellaneous

17.1. Severability: If any provision of this Agreement is invalid under applicable law, the remainder remains valid.
17.2. Changes to Agreement: The Seller may update this Agreement; changes do not apply to contracts already concluded unless required by law.