General Terms and Conditions of Sarikaya Sarikaya

As of 12 April 2025

• General provisions / scope of application

1. 1. Unless otherwise agreed in writing, the following provisions (hereinafter ‘GTC’) shall apply as an integral part of the contract for all business relations or legal transactions between natural and legal persons (hereinafter ‘customer’) and Sarikaya (hereinafter ‘Sarikaya’), irrespective of whether the customers are consumers or entrepreneurs. The valid version at the time the contract is concluded shall be authoritative.
   2. The GTC can be accessed, printed out and saved by the customer at any time on Sarikaya’s website www.yellowdotcollection.com under the ‘GTC’ button. If the customer buys or sells goods on site at Sarikaya, the GTC are clearly displayed and can be viewed at any time.
   3. Insofar as the customer has its own general terms and conditions and wishes to apply these to business relationships and legal transactions with Sarikaya, Sarikaya objects to all provisions thereof. Accordingly, these shall not become part of the contracts between the client and Sarikaya without the express written consent of Sarikaya.
   4. The customer is prohibited from assigning or pledging claims and rights against Sarikaya to third parties without the prior written consent of Sarikaya.
   5. The customer may only offset a claim against Sarikaya if this is recognised by Sarikaya or has been legally established

Sarikaya is the operator of the shop and your contractual partner for all legal transactions concluded.

For questions, requests, concerns or complaints:

[email protected] or via Instagram messaging

• Realisation of the contract

1. 1. 1. The presentation of goods on the website and in the shops is not a binding offer to buy, but is to be understood as a non-binding opportunity for the customer to submit an offer to buy (order).
      2. The order can be placed by contact form on the website or by e-mail. 
      3. By sending an e-mail or filling out the contact form, the customer submits a binding purchase offer to Sarikaya. The customer remains bound to the purchase offer for five working days. After submitting the purchase offer, the customer receives a confirmation e-mail containing the information relevant to the purchase (automated order confirmation). The automated order confirmation does not constitute a binding acceptance by Sarikaya, but merely confirms to the customer that Sarikaya has received the order. A binding purchase contract between the customer and Sarikaya is only concluded when Sarikaya accepts the offer within the aforementioned period. Acceptance is made by means of a separate declaration (order confirmation), which can be sent by e-mail, for example.
      4. The customer is advised that antiques often do not have a market price. Rather, the value of an antique is in the eye of the beholder, i.e. valuations of an antique can vary subjectively. The customer makes investment transactions at his own discretion and at his own risk.

• Cancellation / return / exchange

1. 1. 1. All products are sold in the condition they are in at the time of purchase. They are used and may show signs of wear, patina or minor defects, which are part of their character and do not constitute a defect. The customer therefore has no right of cancellation vis-à-vis Sarikaya for products. Returns or exchanges are not possible.
      2. The customer is obliged to accept the products ordered by him. Sarikaya is free to accept subsequent changes or cancellations of orders by the customer at its own discretion. In any case, a handling fee of CHF 50 shall be payable.
      3. Sarikaya reserves the right to revoke order confirmations that are incorrect or incomplete due to the presentation of the goods or other errors and the errors or incompleteness affect the content of the contract to its disadvantage. Sarikaya shall notify the customer of the cancellation within one week of becoming aware of the error and reimburse any costs already paid.
      4. The purchase price is based on the product prices validly advertised in the product presentation at the time of the order. Unless otherwise agreed, prices are quoted in Swiss francs plus VAT. Shipping costs are not included. Sarikaya will inform the customer regarding shipping costs separately.

• Payment, due date, default

1. 1. 1. If the customer does not collect the products personally from Sarikaya, payment must be made in advance in CHF via PayPal or TWINT. The customer is free to pay for the products in cash on collection.
      2. Sarikaya will at its discretion accept other currencies, i.e. USD, EUR GBP. The exchange rate will be the market rate relative to CHF.
      3. Upon receipt of the order confirmation, the entire purchase price is due for payment immediately and must be credited to Sarikaya’s account within three working days (incoming).
      4. The purchase contract concluded with the order confirmation constitutes a fixed-date transaction in accordance with Art. 108 para. 3 OR. Consequently, Sarikaya is free to withdraw from the contract and assert its statutory claims for damages without prior reminder and setting a possible grace period.

• Transfer of risk / delivery

1. 1. All risk is transferred to the buyer upon conclusion of the purchase contract. This also applies in particular to sale by despatch. Accordingly, Sarikaya accepts no liability for damage that occurs during transport or after delivery. Sarikaya also accepts no liability if the delivery does not reach the buyer for any reason whatsoever. Liability for late deliveries is also excluded, unless these are due to intent or gross negligence on the part of Sarikaya. The goods shall be deemed to have been handed over and delivered to the customer at the time of any refusal of acceptance by the customer.
   2. Sarikaya shall be entitled to charge the customer a lump-sum compensation amounting to 10% of the purchase price if the customer is in default of acceptance or violates other obligations to cooperate. Sarikaya reserves the right to adjust the compensation if Sarikaya proves higher damages or the customer proves lower damages.
   3. If the delivery of the goods ordered by the customer is not possible, e.g. because the corresponding goods are not in stock, Sarikaya shall refrain from issuing a declaration of acceptance. In this case, a contract shall not be concluded. Sarikaya shall inform the customer of this immediately and refund any consideration already received without delay.  
   4. The following delivery options are offered by Sarikaya:

– Collection at the Sarikaya headquarters

– Chargeable dispatch

1. The chargeable dispatch of products by Sarikaya is only carried out via reputable shipping service providers or couriers who can guarantee full insurance of the products transmitted. Sarikaya does not deliver directly to PO boxes, packing stations or similar. Sarikaya determines the day of delivery, but for security reasons is not obliged to give an exact time for delivery.
2. All costs incurred in connection with shipping (transport costs, customs fees, import duties, etc.) are to be borne by the buyer. Sarikaya accepts no liability for delays or additional costs arising from customs clearance or import procedures.
3. Delivery shall be made within the time frame specified in the order process. If a longer delivery period is required, the buyer will be informed at the latest after expiry of the specified delivery period.

• Reservation of title

1. 1. 1. The goods shall remain the property of Sarikaya until full payment has been made by the customer.

• Warranty / product declarations for antiques and vintage products

1. 1. 1. All products are sold in ‘as is’ condition, i.e. they are offered as they are at the time of purchase. Imperfections and patina are natural characteristics of an aged product and do not constitute a defect. All warranty claims are therefore explicitly excluded.
      2. Sarikaya does not make any changes to the wiring of electrical products.
      3. The products require special care to maintain their quality and charm. They are generally in good condition, but may require additional maintenance due to their age or signs of use. However, Sarikaya is not liable for damage caused by improper handling or care of the products. The buyer is responsible for the proper use and care of the items.

• Limitation of liability

Sarikaya shall only be liable in the event of a breach of a contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely, limited to compensation for foreseeable and typical damage and exclusively for direct damage caused to the customer intentionally or through gross negligence in the course of its performance of the contract. Foreseeable and typical damages do not include loss of profit, unrealised savings or damages resulting from delays in delivery. Liability for slight negligence and for auxiliary persons is excluded to the extent permitted by law.

• Copyrights

Sarikaya holds the copyright to all images, films and texts published on the website, on Instagram, on catalogues and on any electronic and print media. Use of the images, films and texts is not permitted without our express consent.

• Data protection and use of data

1. 1. 1. The protection of the buyer’s personal data is an important concern for Sarikaya. Sarikaya uses the data that buyers provide to Sarikaya exclusively for processing their order and for communication as part of the purchasing process.
      2. The buyer’s data will not be passed on to third parties. Sarikaya is committed to providing a secure website and takes all appropriate technical and organisational measures to protect the data in accordance with the provisions of the Federal Act on Data Protection (FADP).
      3. The data will only be stored for as long as is necessary to fulfil the purchase contract or due to legal regulations.

• Online provisions

1. 1. 1. The customer warrants that after registering on the Sarikaya website he will treat his account and password confidentially and will do his best to prevent unauthorised use of his account on his computer. In the event of (even if merely suspected) unauthorised use of his/her account, the customer must inform Sarikaya immediately.
      2. The GTC may be amended and/or supplemented by Sarikaya at any time. Amendments and changes shall be communicated to the customer in writing or in a similarly appropriate manner. If the customer does not object in writing within six weeks of notification, the new provisions shall be deemed to have been accepted and shall become part of the contract.

• Choice of law, place of jurisdiction, severability clause

1. 1. 1. Swiss law shall appl with the exclusion of the UN Convention on Contracts for the International Sale of Goods, the conflict of laws provisions and the Vienna Convention on Contracts for the International Sale of Goods.
      2. The exclusive place of jurisdiction for all disputes arising out of or in connection with this Agreement and in relation to the subject matter of this Agreement, including questions of the formation, validity, invalidity, binding nature, implementation, amendment or supplementation, breach or termination of this Agreement, shall be the registered office of the Company (City of Zurich).
      3. If one or more provisions of these General Terms and Conditions are or become invalid in whole or in part, this shall not affect the validity of the remaining provisions of these General Terms and Conditions. In this case, the invalid or void provision shall be replaced by a new, legally permissible provision that comes closest to the invalid or void provision in its economic meaning and effect. The same procedure shall apply if a gap in the contract becomes apparent.

• Priority of the English version

If there are any differences between the German and English versions of this contract, the English version shall prevail.