ARTICLE 1 - SELLER INFORMATION
ARTICLE 1.1 - SELLER
Title: Abalon - Yağız Can Ermer
Address: İzmir - Çeşme / Ilıca, Celal Bayar Mahallesi, 5152 Sokak, No: 11 / B
Telephone: 534 744 51 26
E-Mail: info@abalonjewelry.com
ARTICLE 1.2 - BUYER
A person who is a member of the www.abalonjewelry.com shopping site as a customer. Address and contact information used while members shall prevail.
ARTICLE 2 - FEATURES OF THE PRODUCT SUBJECT TO SALE
The basic features of the goods or services are available at www.abalonjewelry.com. You can examine the basic features of the product during the campaign.
The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
It consists of the type, quantity, brand / model, color, number of goods / products / services, sales price, payment method, and the information at the time the order is finalized.
ARTICLE 3 - GENERAL PROVISIONS
3.1) The BUYER declares that he / she has read and informed the preliminary information regarding the basic characteristics, sales price and payment method and delivery of the product subject to the contract on the website www.abalonjewelry.com and gives the necessary confirmation electronically. RECEIVER; By confirming this Preliminary Information electronically, it confirms that the SELLER has received the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the price of the products including taxes, payment and delivery information, before the conclusion of the distance contracts. 3.2) The product subject to the contract is delivered to the BUYER or the person / organization at the address indicated in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal 30-day period. 3.3) The SELLER cannot be held responsible for the delivery of the ordered product to the BUYER due to all kinds of problems that the cargo company may encounter during the delivery of the product to the BUYER. 3.4) The SELLER is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any. 3.5) The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining its explicit approval before the contractual performance obligation expires. 3.6) If the SELLER fails to fulfill the contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, the SELLER notifies the consumer before the expiry of the performance obligation arising from the contract and returns the total price to the BUYER within 10 days. 3.7) For the delivery of the product, this Preliminary Information Form must be confirmed electronically. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product. 3.8) After the delivery of the product, if the related bank or financial institution does not pay the price of the product to the SELLER due to the fact that the credit card belonging to the BUYER is used unfairly or unlawfully by unauthorized persons, not due to the BUYER's fault, the BUYER will take the product for 3 days. it must return it to the SELLER. In this case, shipping costs belong to the BUYER. 3.9) If the SELLER cannot deliver the product subject to the contract within due time due to force majeure or extraordinary circumstances such as adverse weather conditions that prevent transportation, it is obliged to inform the BUYER of the situation. In this case, the BUYER may use one of the rights to cancel the order, to replace the product subject to the contract with a precedent, and / or to postpone the delivery period until the preventive situation disappears. If the BUYER cancels the order, the 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 amount of the product 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 credit card by the bank may take an average of 2 to 3 weeks to be reflected in the BUYER's account. it is already accepting.
ARTICLE 4 - RIGHT OF WITHDRAWAL
RECEIVER; In distant contracts related to the sale of goods, the product (excluding Concert and Event Tickets) may use the right to withdraw from the contract by refusing the goods within 14 (fourteen) days from the date of delivery to the person / organization at the address indicated, without any legal or criminal liability and without any justification. In distance contracts for service provision, this period starts on the date the contract is signed. Before the right of withdrawal expires, the right of withdrawal cannot be exercised in service contracts whose service is initiated with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the SELLER.
In order to use the right of withdrawal, a written notification must be sent to the SELLER by registered mail, fax or e-mail within 14 days and the product must not be used within the framework of the provisions of Article 5. If this right is exercised,
a) The invoice of the product delivered to the 3rd person or the BUYER (If the invoice of the product 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.)
b) Return form,
c) The products to be returned must be delivered complete and undamaged with the box, packaging, and standard accessories, if any.
d) The SELLER is obliged to return the total price and the documents that put the buyer under debt to the BUYER within 10 days from the receipt of the withdrawal notice and to return the goods within 20 days.
e) If there is a decrease in the value of the goods due to a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of his fault.
f) If the campaign limit amount set by the SELLER is reduced due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
g) Due to the right of withdrawal, the shipping cost paid when returning the returned product to the seller will be paid by the SELLER for domestic orders and by the BUYER for overseas orders.
h) The SELLER does not refund the shipping fee charged by the BUYER while selling the product.
ARTICLE 5 - PRODUCTS THAT CANNOT BE USED OF WITHDRAWAL
The goods that are prepared in line with the BUYER's requests or expressly his personal needs, which are not suitable for return due to their nature and that are in danger of rapid deterioration or that are likely to expire, and audio or video recordings, software programs and computer consumables, provided that the package is opened by the BUYER. It is not possible to return the materials in accordance with the Regulation.
In the implementation of this Preliminary Information, the Consumer Arbitration Committees and the Consumer Courts in the place where the BUYER purchases the goods or services and has their residence are authorized up to the value declared by the Ministry of Industry and Trade. SELLER's applications for complaints and objections, T.C. Consumer problems in the place where the goods or services are purchased within the monetary limits determined by the Ministry of Industry and Trade in December each year or where they are domiciled may be brought to the arbitral tribunal or to the consumer court. Information on the monetary limit is below:
Effective as of 1/1/2012:
a) The lower monetary limit of 1.161,67 TL indicating that there will be evidence in the upper or consumer courts that the decisions of the arbitration committees for consumer problems will be binding in the amended article 22, paragraph 5 and 6 of the Law No. 4077 on the Protection of Consumers, b) dated 1/8/2003 In the third paragraph of Article 5 of the Regulation on Consumer Problems Arbitration Committees published in the Official Gazette No. 25186, the lower monetary limit for provincial arbitration committees operating in the provinces with metropolitan status to be assigned and authorized to deal with disputes is 3,032.65 TL.
This Preliminary Information is made for commercial purposes.
DISTANCE SALES AGREEMENT
ARTICLE 1 - PARTIES
1.1 - SELLER
Title: Abalon - Yağız Can Ermer
Address: İzmir - Çeşme / Ilıca, Celal Bayar Mahallesi, 5152 Sokak, No: 11 / B
Telephone: 534 744 51 26
E-Mail: info@abalonjewelry.com
1.2 - BUYER
A person who is a member of the www.abalonjewelry.com shopping site as a customer.
Address and contact information used while members shall prevail.
ARTICLE 2 - SUBJECT
The subject of this contract is the Law No. 6502 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER has ordered electronically from the mugo.com.tr website of the SELLER. It is the determination of the rights and obligations of the parties in accordance with the provisions.
ARTICLE 3 - CONTRACT SUBJECT PRODUCT
It consists of the type, quantity, brand / model, color, number of goods / products / services, sales price, payment method, and the information at the time the order is finalized.
ARTICLE 4 - GENERAL PROVISIONS
4.1 BUYER, on the website www.abalonjewelry.com, the basic characteristics of the product subject to the contract, the sales price and payment method including all taxes, the delivery and the costs of this will be borne by the BUYER, the time of delivery and the full trade name, full address and contact information of the SELLER. He declares that he has read the preliminary information and has been informed and that he has given the necessary confirmation electronically.
RECEIVER; By confirming this contract electronically, it confirms that, before the conclusion of the distance contracts, the address to be given to the Consumer by the Seller, the basic features of the products ordered, the price of the products including taxes, payment and delivery information are also correct and complete.
4.2 The product subject to the contract is delivered to the BUYER or the person / organization at the address indicated in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal 30-day period.
4.3 If the product subject to the contract is to be delivered to another person / organization other than the BUYER, the SELLER cannot be held responsible if the person / organization to be delivered does not accept the delivery.
4.4 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 the ordered product cannot be delivered to the BUYER.
4.5 The SELLER is responsible for delivering the product subject to the contract in a sound, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.
4.6 The SELLER may supply a different product of equal quality and price to the BUYER before the contractual performance obligation expires, provided that it is justified.
4.7 If the SELLER fails to fulfill the contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, the SELLER notifies the consumer before the contractual performance obligation expires and may supply the BUYER with a different product of equal quality and price.
4.8 For the delivery of the contractual product, the signed copy of this contract must be delivered to the SELLER and the price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product.
4.9 The BUYER acknowledges and undertakes that the credit card information defined in the system during shopping is correct, and that he has any legal and criminal legal liability arising from the use of this credit card. After the delivery of the product, if the credit card belonging to the BUYER is used unfairly or unlawfully by unauthorized persons due to the BUYER's fault, if the relevant bank or financial institution does not pay the product price to the SELLER, the product will be delivered to the BUYER for 3 days. it must be sent to the SELLER. In this case, shipping costs belong to the BUYER. If the BUYER does not return the product, in case the product price is not collected from the credit card for any reason or the product price is returned to the credit card, the SELLER accepts and undertakes that the product price will be transferred to the bank accounts of the SELLER without any warning.
4.10 If the SELLER cannot deliver the product subject to the contract within the period due to force majeure or extraordinary circumstances such as adverse weather conditions that prevent transportation, it is obliged to inform the BUYER of the situation. In this case, the BUYER may use one of the rights to cancel the order, to replace the product subject to the contract with a precedent, and / or to postpone the delivery period until the obstacle is eliminated. If the BUYER cancels the order, the amount paid will be paid to him in cash and in lump sum within 10 days.
4.11 The points awarded to the customer by the SELLER through a campaign are only valid for one purchase. These points are not refundable even if the product is returned.
For the payments made by the BUYER by credit card, the amount of the product 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 completely 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 credit card by the bank may take an average of 2 to 3 weeks. it is already accepting.
ARTICLE 5 - RIGHT OF WITHDRAWAL BUYER
It has the right to withdraw within 14 days from the delivery of the contractual product to itself or to the person / organization at the address indicated, without having to show any reason.
However, the product cannot be refunded for the products, campaign and promotional products specially prepared for the BUYER for certain days such as New Year's Eve, holidays, mother's day, offered for sale and / or imported; The BUYER accepts these conditions and realizes the shopping.
In order to use the right of withdrawal, the SELLER must be notified by fax or e-mail within 14 days and the product has not been used in accordance with the provisions of Article 6. If this right is exercised,
a) The invoice of the product delivered to the 3rd person or the BUYER (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning.
b) Return form,
c) Products to be returned within 14 days must be delivered complete and undamaged, together with the box, packaging, and standard accessories, if any. The product price is returned to the BUYER within 10 days following the receipt of these documents to the SELLER.
The shipping cost of the returned product due to the right of withdrawal will be covered by the SELLER for domestic orders and by the BUYER for overseas orders. The SELLER does not refund the shipping fee charged by the BUYER while selling the product.
When the product is returned to the SELLER, the original invoice submitted to the BUYER during the delivery of the product (in order to ensure consistency in our accounting records) must also be returned, and if the invoice is not sent to the SELLER with the product or within 5 days after the product is shipped. will not be carried out, the product will be returned to the BUYER in the same way with counter payment. On the invoice to be returned with the product, the phrase "return invoice" shall be written and signed by the BUYER.
ARTICLE 6 - PRODUCTS THAT CANNOT BE USED OF WITHDRAWAL
In terms of nature; single-use products, reproducible software and programs, products that deteriorate rapidly or that are likely to expire are not accepted.
ARTICLE 7 - DEBT DEBT
In the event that the BUYER goes into default, the BUYER agrees to pay the loss and damage of the SELLER due to the delayed performance of the debt. In cases where the default of the BUYER is caused by the fault of the SELLER, the BUYER will not be obliged to meet any loss or damage claims.
ARTICLE 8 - AUTHORIZED COURT
In the implementation of this Preliminary Information, the Consumer Arbitration Committees and the Consumer Courts in the place where the BUYER purchases the goods or services and has their residence are authorized up to the value declared by the Ministry of Industry and Trade. SELLER's applications for complaints and objections, T.C. Consumer problems in the place where the goods or services are purchased within the monetary limits determined by the Ministry of Industry and Trade in December each year or where they are domiciled may be brought to the arbitral tribunal or to the consumer court. Information on the monetary limit is below:
Effective from 28/05/2014;
a) In accordance with Article 68 of the Law on the Protection of Consumers numbered 6502, district consumer arbitration committees in disputes below two thousand Turkish Liras, provincial consumer arbitration committees in disputes under three thousand Turkish Liras, and two thousand Turkish Liras in metropolitan cities. In disputes between one thousand Turkish Liras, application to the provincial consumer arbitration committees is mandatory. For disputes over these values, no application can be made to consumer arbitration committees.
b) In disputes over the specified value, an application must be made to the Consumer Court, and in places where there is no Consumer Court, as the Consumer Court, to the Civil Courts of First Instance.
This preliminary information is made for commercial purposes.
Please Note: Before signing the shipping report, please check whether your cargo package is damaged due to transportation. If there is any damage to your cargo package for any reason, please return your cargo for a record to be kept to the cargo authority without signing any documents regarding the delivery. Your new products will be sent by us immediately. In case of receipt of damaged products, www.abalonjewelry.com is not responsible for the damage or deficiency of the products.
15. These terms and conditions are all subject to Turkish Law.