Policies

1. Scope

This Intellectual Property Policy explains the ownership of the trademarks, logos, product designs, photographs, images, text, page layout and software code (the “Content”) appearing on gokseninay.com (“Site”), and how we handle third-party infringement claims.

2. Ownership

Unless otherwise stated, all Content on the Site belongs to Goksenin Ay (“Gokseninay”) or its licensors and is protected under Turkish Law No. 5846 (Intellectual and Artistic Works), Turkish Law No. 6769 (Industrial Property), and applicable international treaties. The “Gokseninay” name and logo are [registered / pending registration] trademark(s) with the Turkish Patent and Trademark Office (TÜRKPATENT) — [update once status is confirmed].

3. Permitted Use

Visitors may view Site content and store it temporarily in browser cache for personal, non-commercial purposes only. Product images may not be used in another commercial channel, resale listing, or social media advertisement without prior written permission.

4. Prohibited Use

Without prior written permission, the following are prohibited: reproducing, distributing, publicly communicating or modifying Content; imitating or creating a likelihood of confusion with the “Gokseninay” name, logo, or distinctive design elements (e.g. its signature jewellery silhouettes); copying product photography for use in another store.

5. User-Generated Content

When users tag Gokseninay or post using hashtags such as #gokseninay, they agree that such posts may be reshared on the Site, social media accounts and marketing materials (with credit/username where applicable). Users may request removal of their content at any time by emailing info@gokseninay.com.

6. Reporting Infringement

If you believe content on the Site infringes your intellectual property rights, please send details of the claim, evidence of ownership, and your contact information to info@gokseninay.com. Notices are reviewed within a reasonable time and content is removed where warranted.

7. Third-Party Materials

Any fonts, icons or open-source software components used on the Site remain the property of their respective owners and are subject to their own licence terms.

Article 1 – Parties

SELLER

Trading name: Goksenin Ay (Gokseninay), sole proprietorship (şahıs şirketi), Türkiye
Tax office / Tax ID: Tuna Tax Office (Tuna Vergi Dairesi) / [TAX ID NUMBER — to be added]
Address: Kartaltepe Mah. Okul Cad., Bayrampaşa/Istanbul, Türkiye
Email: info@gokseninay.com
Phone: [PHONE NUMBER]

(Referred to as the “Seller”.)

BUYER
The name, address, email and phone number declared by the Buyer at checkout form part of this agreement via the order confirmation.
(Referred to as the “Buyer” or “Consumer”.)

Article 2 – Subject and Scope

This agreement governs the sale and delivery of the product(s) ordered electronically by the Buyer through the Seller’s website gokseninay.com (“Site”), and sets out the parties’ rights and obligations under Turkish Law No. 6502 on Consumer Protection and the Distance Contracts Regulation, insofar as applicable, and — for Buyers located in the European Union — the EU Consumer Rights Directive (2011/83/EU as amended). The Buyer confirms having read the Pre-Contractual Information Form presented on the Site before confirming the order.

Article 3 – Product and Payment Details

The product type, quantity, price (VAT/customs as applicable, in EUR), payment method, delivery address, billing details and shipping cost are shown to the Buyer at checkout and emailed upon order confirmation; these details form an integral part of this agreement. For international shipments, any customs duties, import taxes or similar charges imposed by the destination country are the Buyer’s responsibility and are not included in the displayed price unless stated otherwise.

Article 4 – Delivery

Products are shipped via the Seller’s carrier partner(s) within the estimated delivery window shown on the Site. In case of force majeure or extraordinary circumstances beyond the Seller’s control, the Seller reserves the right to extend the delivery period and will notify the Buyer. Risk of loss or damage passes to the Buyer upon delivery to the Buyer or a third party designated by the Buyer.

Article 5 – Right of Withdrawal

The Buyer has the right to withdraw from this agreement within 14 calendar days of receiving the product, without giving any reason and without penalty. To exercise this right, the Buyer must notify the Seller within this period via info@gokseninay.com or the return form on the Site. The product must be returned unused, with its packaging, labels and any standard accessories intact and undamaged.

Article 6 – Exceptions to the Right of Withdrawal

In line with Turkish Distance Contracts Regulation Art. 15 and EU Consumer Rights Directive Art. 16, the right of withdrawal does not apply to:

Goods that are not suitable for return for health or hygiene reasons once unsealed: items such as the “01 Earring” that make direct contact with the body/ear cannot be returned once the protective seal/packaging has been opened and the item worn. Unopened, unworn items remain covered by the standard 14-day right.
Goods made to the Buyer’s specifications or clearly personalised (the current collection is sold from limited but pre-made stock and is not made-to-order; this exception will apply if bespoke/engraved products are introduced in future).
Goods whose price depends on financial market fluctuations beyond the Seller’s control, where applicable.

This list must be reviewed against the actual product range — see Appendix A – Product-Level Withdrawal Table.

Article 6.1 – Store Policy on Limited-Edition Jewellery and Accessories

The Seller has adopted a store policy of not accepting returns on the limited-edition jewellery and accessory pieces in this collection, and discloses this clearly to the Buyer on the Site. Important legal note: under current Turkish and EU consumer law, a product being produced in a “limited edition” alone is not a statutory exception to the right of withdrawal; that exception applies only in the situations listed in Article 6 (hygiene-sensitive goods, made-to-order/personalised goods, etc.). A contract term excluding withdrawal on “limited edition” grounds alone may therefore be found to be an unfair term and declared void by a consumer arbitration board or court, meaning the Buyer could still exercise the statutory right regardless of this clause. Publishing this policy as written carries legal risk for the business; we recommend having a lawyer confirm it before publication, and considering limiting it to genuinely made-to-order/personalised future products instead.

Article 7 – Return Process and Costs

Following notice of withdrawal, the product must be shipped back within 10 days to the return address provided by the Seller. If the Seller has designated a specific carrier for returns, the Seller bears the return shipping cost; if no carrier is designated and the Buyer chooses another carrier, the resulting extra cost may fall on the Buyer. Refunds are issued via the Buyer’s original payment method within 14 days of the Seller receiving the withdrawal notice (or proof of return shipment). For defective or damaged goods, return shipping is borne by the Seller in all cases.

Article 8 – Additional Notice for EU Consumers (Withdrawal Button)

Because sales are made to consumers resident in the European Union, under EU Directive 2023/2673, effective 19 June 2026, the Seller’s website must provide an easily accessible electronic “withdrawal button/link”, a two-step confirmation flow, and automatic email confirmation of withdrawal requests. This is a technical site requirement independent of this contract text; the Seller should implement this feature on the Site (account page or order-detail page). EU consumers may also refer disputes to the online dispute resolution (ODR) platform available in their country of residence.

Article 9 – Defective Goods and Statutory Remedies

If a delivered product is defective, the Buyer may, under Turkish Law No. 6502 Art. 11 (and equivalent EU consumer-guarantee rules for EU buyers), choose to: rescind the contract, request a price reduction, request free repair, or request replacement with a non-defective equivalent. These remedies apply throughout the statutory liability period and are independent of the 14-day withdrawal period.

Article 10 – Force Majeure

Natural disasters, fire, war, strikes, transport disruptions, customs delays, cyberattacks, pandemics and similar events beyond the Seller’s reasonable control constitute force majeure; neither party is liable for failure to perform obligations affected by such events for the duration thereof.

Article 11 – Dispute Resolution

For consumers resident in Türkiye, Consumer Arbitration Committees (within the monetary thresholds announced annually by the Ministry of Trade) or Consumer Courts above those thresholds have jurisdiction. For consumers resident abroad, and without prejudice to any mandatory consumer-protection provisions of the consumer’s country of residence, the governing law and competent courts are those of Istanbul, Türkiye.

Article 12 – Entry into Force

By confirming an order on the Site, the Buyer declares having read, understood and accepted this Distance Sales Agreement and its accompanying Pre-Contractual Information Form in full. The agreement takes effect once the order confirmation is sent to the Buyer by email.

1. Data Controller

Under Turkish Law No. 6698 on the Protection of Personal Data (“KVKK”) and, where applicable, the EU General Data Protection Regulation (“GDPR”), the data controller is:

Trading name: Goksenin Ay (Gokseninay), sole proprietorship
Tax office: Tuna Tax Office (Tuna Vergi Dairesi)
Address: Kartaltepe Mah. Okul Cad., Bayrampaşa/Istanbul, Türkiye
Email: info@gokseninay.com
Tax ID: [TAX ID NUMBER — to be added]

2. Personal Data Collected

Identity & contact data: name, email, phone, delivery/billing address
Transaction & security data: order history, IP address, cookies/log records
Marketing preferences: newsletter subscription, where opted in
Payment data: card details are not stored by the Site; payments are processed by [iyzico / PayTR / Craftgate — confirm which one is connected under Shopify Settings → Payments and update this field] under PCI-DSS. Note: Shopify Payments is not currently available to Türkiye-based merchants due to local licensing (BDDK) requirements, so it is important this field names your actual, connected processor.

3. Purposes and Legal Basis

Personal data is processed to take and fulfil orders, handle billing, provide customer service, process withdrawals/returns, comply with legal obligations (tax, micro-export/customs records), and — where consent is given — send marketing communications, based on contract performance, legal obligation and legitimate interest under KVKK Art. 5(2) and, for EU residents, GDPR Art. 6(1)(b), (c) and (f).

4. Recipients of Data

Personal data may be shared with shipping/logistics carriers, the payment service provider, the e-commerce platform provider (Shopify Inc. and affiliates), email/marketing tools, and public authorities where legally required.

5. International Data Transfers

Because the Site’s e-commerce infrastructure (Shopify) and some service providers are hosted abroad, personal data may be transferred outside Türkiye and, for EU residents, outside the EEA, under KVKK Art. 9 and GDPR Chapter V — either to countries with an adequacy decision, or under standard contractual clauses or other appropriate safeguards. Any required notification of such standard contracts to the Turkish Data Protection Board is tracked and completed by the Seller.

6. Retention Period

Personal data is retained for the period required by applicable law (e.g. 10 years for invoicing/accounting records under the Turkish Tax Procedure Law) or as necessary for the purposes described above, after which it is deleted, destroyed or anonymised.

7. Cookies

The Site uses cookies for session management, cart persistence and analytics. Cookie preferences can be managed through your browser settings.

8. Your Rights (KVKK Art. 11 / GDPR)

You have the right to learn whether your personal data is processed, request information about such processing, learn the purpose of processing and whether data is used accordingly, know the third parties to whom data is transferred domestically or abroad, request correction of incomplete/inaccurate data, request erasure/destruction under the conditions set out in KVKK, object to a result produced solely by automated analysis, and claim compensation for damages arising from unlawful processing. EU residents additionally have GDPR rights of access, rectification, erasure, restriction, portability and objection. Requests can be submitted in writing to info@gokseninay.com.

1. Acceptance

By using gokseninay.com (“Site”) or placing an order through it, you confirm that you have read and accept these Terms and Conditions.

2. Use of the Site

The Site may only be used for lawful purposes. Users are responsible for the confidentiality of their account credentials and for all activity carried out through their account. Users under 18 require parental/guardian consent to purchase through the Site.

3. Products, Pricing and Stock

Product images may be representative; colour and texture may vary depending on screen calibration. Prices are shown in EUR, inclusive of applicable taxes unless otherwise stated; customs duties or import taxes may apply separately on international shipments. In the event of a technical error, system fault or stock unavailability resulting in an incorrect price or stock display, the Seller reserves the right to cancel the order and refund any payment made.

4. Intellectual Property

Rules governing the intellectual property in Site content are set out in a separate Intellectual Property Policy, which forms an integral part of these Terms.

5. Limitation of Liability

The Seller does not warrant that the Site will operate uninterrupted or error-free. Subject to any mandatory consumer-protection provisions that cannot be excluded, the Seller’s liability is limited to the maximum extent permitted by law; the Seller is not liable for indirect losses (loss of profit, data loss, etc.).

6. Third-Party Links

The Site may contain links to third-party sites (e.g. Instagram). The Seller is not responsible for the content or privacy practices of those sites.

7. Right to Amend

The Seller reserves the right to update these Terms, the Privacy Policy/KVKK notice and other policies without prior notice; the updated text takes effect once published on the Site and does not apply retroactively to orders placed before the change.

8. Governing Law

These Terms are governed by Turkish law; for consumers resident in the EU, any mandatory consumer-protection provisions of their country of residence remain unaffected.