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1- PARTIES OF THE CONTRACT
INFORMATION ABOUT THE SELLER
INFORMATION ABOUT BUYER
Law No. 6502 on the Protection of Consumers regarding the purchase / sale and delivery of the product (s) whose qualifications and sales price are specified below, which the BUYER has ordered electronically from the website www.mysabella.com of the SELLER (hereinafter referred to as the SITE) and Determining the mutual rights and obligations of the parties in accordance with the provisions of the Regulation on Distance Contracts published in the Official Gazette No. 27866 on 06.03.2011 and all other legal regulations and practices constitute the subject of this contract.
3- PROPERTIES OF GOODS / SERVICES
3.1 The type, type, quantity, model, color, sales price, delivery information of the product / s are as follows. Namely;
The delivery of the product / products will be made to the above mentioned address of the BUYER through the courier company. Even if the BUYER is not present at the time of delivery, the SELLER will be deemed to have fulfilled his / her action completely and completely. For this reason, the BUYER will bear the expenses incurred due to any damages caused by the BUYER’s late delivery of the product and the waiting of the product in the cargo company and / or the return of the cargo to the SELLER.
Shipping Fee: Unless otherwise stated on the SITE, the shipping price is added to the total amount of the order and paid by the customer. It is not included in the product price.
3.2 Payment Method: Credit Card ………… installment transaction (Please read the explanations below)
In the section above, there is information in how many installments the order total to be sent to your bank will be paid.
The BUYER agrees that, since the term sales are made only with credit cards belonging to the banks, it will also confirm the relevant interest rates and the information about the default interest from the bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the Bank and the BUYER, declares and undertakes. In installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the terms of the contract between the bank and the BUYER. The BUYER can also follow the number of installments and payments from the bank statement sent by the bank.
4.1. The BUYER declares that he / she has read the basic features of the product (s), sales price, payment method, delivery and other preliminary information on the SITE and has given the necessary confirmation electronically.
4.2. By confirming the preliminary information electronically, the BUYER confirms that, before the conclusion of the distance contracts, the BUYER / Consumer, the address, the basic features of the product (s) ordered, the price of the product (s) in Turkish Lira including taxes, payment and delivery information are also correct and complete .
4.3. The contractual product (s) are delivered to the BUYER or the person / organization at the address indicated in the preliminary information on the SITE, depending on the distance of the BUYER’s place of residence for each product, provided that it does not exceed the legal period of 30 days. The SELLER reserves the right to extend the additional 10 (ten) days by written notification within the legal period of 30 days. If, for any reason, the BUYER does not pay the Goods / Service fee or the payment made is canceled in the bank records, the SELLER shall be deemed to be freed from the obligation to deliver the Goods / Service.
4.4. Shipping fee will be paid by the BUYER. If the SELLER declares on the SITE that the delivery fee will be covered by him, the delivery costs will be borne by the SELLER. For orders within Istanbul, if the BUYER wishes, he can receive the order he placed until 13:00 on the same day with an additional fee. The SELLER cannot be held responsible for any problems that the cargo company may encounter during the delivery of the product to the BUYER and for other reasons not caused by the SELLER, and the order cannot be delivered to the BUYER, regardless of the name and name.
4.5. The SELLER is responsible for delivering the contractual product (s) in a sound, complete manner, with the qualifications specified in the order, with warranty documents and user manuals, if any.
4.6. The SELLER may supply different products of equal quality and price by informing the BUYER and obtaining its explicit approval before the contractual performance obligation expires.
4.7. If the SELLER fails to fulfill the contractual obligations in the event that the delivery of the ordered product (s) becomes impossible, the SELLER notifies the BUYER / Consumer before the expiry of the contractual performance obligation and returns the total amount collected in cash and at once to the BUYER within 10 days.
4.8. For the delivery of the product (s), the preliminary information form must be confirmed electronically. If, for any reason, the product / s are not paid for or canceled in bank records, the SELLER is relieved of the obligation to deliver the product.
4.9. Credit card of the BUYER after the delivery of the product (s)
If the bank or financial institution does not pay the price of the product / s to the SELLER due to the fact that the BUYER is used unfairly or unlawfully by unauthorized persons, the BUYER is obliged to return the product to the SELLER within 3 days, provided that it has been delivered to him. In this case, shipping costs belong to the BUYER. Otherwise, the BUYER agrees, declares and undertakes that the SELLER will resort to all kinds of ways to compensate the amount of the product with interest.
4.10. If the SELLER cannot deliver the product (s) subject to the contract within due time due to force majeure, adverse weather conditions preventing delivery, interruption of transportation and other extraordinary circumstances, it shall inform the BUYER of this situation. In this case, the PURCHASER may use one of the rights (i) to cancel the order, (ii) to replace the product (s) subject to the contract with a precedent, and / or (iii) to postpone the delivery period until the force majeure / preventive situation disappears. If the BUYER cancels the order, the total amount paid will be paid to him in cash and in lump sum within 10 days. For the payments made by the BUYER by credit card, the product / s amount is returned to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount to the BUYER accounts after the return to the bank is entirely related to the bank transaction process, the BUYER will not be able to intervene in any way for possible delays and the amount returned by the SELLER to the BUYER’s account is the responsibility of the SELLER. knows and accepts that it is not.
In cases where the BUYER exercises the right of withdrawal or the product subject to the order cannot be supplied for various reasons or the Arbitration Committee decides to return the price to the Consumer, if the shopping is made by credit card and in installments, the credit card return procedure is as follows:
In product returns, except for defective product returns, only the product price is refunded, and there is no refund of the shipping fee paid during the order. As a result of the product return, in cases where your order amount falls below the free shipping limit, the remaining balance will be deducted from the refund amount, based on the total amount of the return.
The bank can make the refund to the BUYER in installments and the number of installments in which the BUYER bought the product. After the SELLER pays the entire price of the product to the bank at once, in case the installment expenses made from the Bank POS are returned to the BUYER’s credit card, the requested refund amounts can be transferred to the bearer accounts by the Bank in installments in order to prevent the parties involved in the matter from falling into disadvantage. The installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the card cut-off dates do not coincide, 1 (one) refund will be reflected on the card every month and the installments paid by the BUYER before the return are over as many months as the number of installments paid before the return. may have been deducted from the receivables and existing debts.
In the event of the return of goods and services purchased by credit card, the SELLER cannot pay the Customer in cash in accordance with the contract made with the Bank. The refund to the credit card can be made by the Bank in accordance with the above procedure, after the SELLER has paid the bank the amount in one go.
In door-to-door transfer / EFT payment options, the refund will be made in the form of money transfer and / EFT to the account specified by the consumer (the account must be in the name of the person whose name is written on the invoice) by requesting the bank account information from the consumer.
DEFAULT AND LEGAL RESULTS
In case the BUYER goes into default in the transactions made by credit card, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank may apply for legal remedies; The BUYER may request the costs and the attorney’s fee from the BUYER and in any case, in case the BUYER goes into default due to the debt, the BUYER agrees to pay the loss and damage of the Seller due to the delayed performance of the debt.
RIGHT TO WITHDRAW FROM THE CONTRACT
RECEIVER; In distant contracts regarding the sale of product / s, the product / s may use the right to withdraw from the contract by refusing the product (s) within 14 (fourteen) days from the date of delivery to the person / organization at the address indicated, without any legal and criminal liability and without any justification. The costs arising from the use of the right to withdraw from the contract belong to the BUYER.
If the BUYER uses the right of withdrawal due to the defect of the product, the shipping fee is borne by the SELLER, otherwise the return shipping fee belongs to the BUYER. In case the SELLER pays the shipping fee, the contracted cargo company of the SELLER will receive the product from the BUYER, and the shipping fee for product returns sent with other cargo companies belongs to the BUYER.
Withdrawal from the contract
In order to use the a right, the SELLER must be notified by registered mail or electronic mail within 14 days and the product must not be used within the framework of the provisions of Article 6 below.
The BUYER must first inform the SELLER that he will use his right of withdrawal. If the right to withdraw from the contract is used:
Product (s) delivered to the BUYER or the person / organization indicated by the BUYER
Important warning: If the invoice of the product (s) to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it. Order returns whose invoices are issued on behalf of the institutions will not be completed unless the RETURN INVOICE is issued.
(ii) box, packaging, standard accessories, if any
It must be delivered complete and undamaged with.
The SELLER will return the total price and the documents that put the buyer under debt to the BUYER within 10 days at the latest after the withdrawal notification is received and the product / s will be returned within 20 days.
If there is a decrease in the value of the product / s or the return becomes impossible due to a reason arising from the BUYER’s fault, the BUYER will compensate the damages of the SELLER at the rate of his fault.
In the event that the campaign limit amount, if any, is reduced by the SELLER due to the exercise of the right to withdraw from the contract, the discount amount used within the scope of this campaign is canceled.
PRODUCT / S THAT CANNOT BE USED TO WITHDRAWAL FROM THE CONTRACT
Products that cannot be returned by nature; single-use products, reproducible software and programs, products that deteriorate rapidly or that are likely to expire are not accepted. In addition, the BUYER cannot use the right of withdrawal in the following contracts.
a) Service contracts that started with the approval of the consumer before the right of withdrawal expires.
b) Contracts for goods whose prices are determined in the stock market or other organized markets.
c) Contracts for the delivery of goods that are prepared in line with the consumer’s wishes or expressly their personal needs, which are not suitable for return due to their nature and are in danger of rapid deterioration or are likely to expire.
ç) Contracts regarding audio or video recordings, software programs and computer consumables, provided that the package is opened by the consumer.
d) Contracts for the delivery of periodicals such as newspapers and magazines.
e) Contracts for the performance of betting and lottery related services.
f) Contracts for services rendered in electronic environment and intangible goods delivered immediately to consumers.
In order for the products listed below to be returned, (i) the packaging of the product must be unopened, (ii) intact, (iii) the product must be unused and (iv) untested.
All kinds of Cosmetic Products
All Kinds of Personal Care Products
RECORD KEEPING IN THE EVENT OF DELIVERY OF INCOMPLETE PRODUCTS
“If the BUYER has more than one product in his order, the shipments can be made by the SELLER in parts. The BUYER is obliged to check that the product number and the number of products specified in the invoice issued by the SELLER are the same during the delivery of the Product by the courier. A separate invoice is issued by the SELLER for each partial shipment. If the number of products specified in the invoice is not included in the package or is found missing, the BUYER is obliged to ask the courier to keep a report. Otherwise, it will be deemed that the Products in the amount included in the invoice have been delivered to the BUYER completely and completely by the SELLER and the Products have been received by the BUYER in full and in full.
CASE OF DISPUTES AND THE COMPETENT COURT
In the implementation of the contract, T.C. Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchases the product (s) or where he / she is domiciled up to the value declared by the Ministry of Customs and Trade are authorized.
SELLER’s applications for complaints and objections, T.C. Within the monetary limits determined by the Ministry of Customs and Trade in December every year, the product (s) can be made to the Consumer Arbitration Committee or to the Consumer Court in the place where the product / s are purchased or where they have their residence.
Information on the monetary limit is below.
Effective from 28.05.2014:
Pursuant to Article 68 of the Law on the Protection of Consumers No 6502, district consumer arbitration committees in disputes below two thousand Turkish Liras, provincial consumer arbitration committees in disputes below three thousand Turkish Liras, and two thousand Turkish lira and three thousand Turkish lira in metropolitan provinces. In disputes between lira, application to provincial consumer arbitration committees is mandatory. For disputes over these values, no application can be made to consumer arbitration committees.