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Sales Agreement


PRE-INFORMATION

ARTICLE 1 SELLER INFORMATION

ARTICLE 1.1 – SELLER


Title: UNIVERSAL İSTANBUL KOZMETİK PAZ. TİC. A.Ş.
Address: ÖMERLİ MAH. ÜLFET CAD. NO:28 ARNAVUTKÖY / İSTANBUL
Phone: (0850) 532 70 07
Email: destek@newwell.com.tr
Tax Office: BÜYÜKÇEKMECE
Tax Number: 8920669034
Mersis Number: 0892-0669-0340-0001

ARTICLE 1.2 - BUYER

The person who is a member of the shopping site as a customer. The address and contact information used during registration are taken as basis.


ARTICLE 2 CHARACTERISTICS OF THE PRODUCT SUBJECT TO SALE

The essential characteristics of the goods or services are available at www.newwell.com.tr. You can examine the essential characteristics of the product during the campaign period.

The prices listed and advertised on the site are the sales prices. Advertised prices and promises are valid until updated and changed. Prices advertised for a limited time are valid until the end of the specified period.

The type, quantity, brand/model, color, number, sale price, payment method of the goods/product/service consist of the information at the time the order is finalized.

The shipping cost for product delivery will be paid by the BUYER and is non-refundable.


ARTICLE 3 GENERAL PROVISIONS


3.1) The BUYER declares that they have read and understood the pre-information regarding the basic characteristics of the product subject to the contract, the sales price, the payment method, and the delivery on the * website, and that they have given the necessary confirmation electronically. By confirming this Pre-Information electronically, the BUYER confirms that they have obtained correct and complete information regarding the address, the basic characteristics of the ordered products, the price of the products including taxes, and the payment and delivery information that the SELLER must provide to the BUYER before the conclusion of distance contracts.
3.2) The product subject to the contract will be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the pre-information on the website, depending on the distance of the BUYER's residence, provided that the legal period of 30 days is not exceeded for each product.
3.3) The SELLER cannot be held responsible for the non-delivery of the ordered product to the BUYER due to any problems encountered by the cargo company 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 condition, in accordance with the specifications stated in the order, and with any 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 their explicit consent before the expiration of the performance obligation arising from the contract.
3.6) If the SELLER cannot fulfill its contractual obligations due to the impossibility of performance of the product or service subject to the order, it shall notify the consumer of this situation before the expiration of the performance obligation arising from the contract and refund the total amount to the BUYER within 10 days.
3.7) For the delivery of the product, it is mandatory that this Pre-Information Form is confirmed electronically. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER shall be deemed to have been released from the obligation to deliver the product.
3.8) If, after the delivery of the product, the relevant bank or financial institution fails to pay the product price to the SELLER due to the unauthorized or unlawful use of the BUYER's credit card by unauthorized persons, not resulting from the BUYER's fault, the BUYER must return the product to the SELLER within 3 days, provided that it has been delivered to them. In this case, the shipping costs belong to the BUYER.
3.9) If the SELLER cannot deliver the product subject to the contract within the specified period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, or interruption of transportation, it is obliged to notify the BUYER of the situation. In this case, the BUYER can exercise one of the rights to cancel the order, replace the product subject to the contract with an equivalent product if any, and/or postpone the delivery period until the obstructive situation is eliminated. If the BUYER cancels the order, the amount paid will be refunded to them in cash and in one lump sum within 10 days. In the case of payments made by the BUYER with a credit card, the product amount will be refunded to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount to the BUYER's accounts after its refund to the bank is entirely related to the bank's transaction process, the BUYER acknowledges in advance that the SELLER cannot intervene in any way for possible delays, and that it may take an average of 2 to 3 weeks for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's account by the bank.

ARTICLE 4 RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw from the contract without any legal or criminal liability and without stating any reason by rejecting the goods within 14 (fourteen) days from the date of delivery of the product (excluding Concert and Event Tickets) to them or to the person/organization at the address indicated by them, in distance contracts for the sale of goods. In distance contracts for the provision of services, this period starts from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the consumer's consent before the expiration of the right of withdrawal period. The costs arising from the exercise of the right of withdrawal belong to the BUYER.


To exercise the right of withdrawal, a written notification must be given to the SELLER by registered mail with return receipt, fax or e-mail within 14 days, and the product must not have been 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 party 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 company. Order returns invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)

b) Return form,

c) The products to be returned must be delivered complete and undamaged with their box, packaging, and standard accessories, if any.

d) The SELLER is obliged to refund the total amount and the documents that put the buyer in debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to take back the goods within 20 days.

e) If there is a decrease in the value of the goods due to a fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER for damages to the extent of their fault.

f) If the campaign limit amount determined by the SELLER falls below due to the exercise of the right of withdrawal, the discount amount benefited from within the scope of the campaign will be canceled.

g) The shipping fee paid for returning the product due to the right of withdrawal will be covered by the BUYER for domestic orders and by the BUYER for international orders.

h) The SELLER does not refund the shipping fee collected from the BUYER when selling the product.


ARTICLE 5 PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

In accordance with the Regulation, the return of goods prepared in line with the BUYER's wishes or explicit personal needs, which are not suitable for return due to their nature and are at risk of rapid spoilage or have an expiration date, and audio or video recordings, software programs, and computer consumables, provided that the BUYER has opened their packaging, is not possible.



In the application of this Pre-Information, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and resides are authorized up to the value announced by the Ministry of Industry and Trade.
The SELLER can apply to the consumer arbitration committee or consumer court in the place where the goods or services were purchased or where the consumer resides, for complaints and objections, within the monetary limits determined by the T.R. Ministry of Industry and Trade every December. Information regarding the monetary limit is given below:

Effective from 1/1/2012:

a) The upper monetary limit for consumer arbitration committees' decisions to be binding and the lower monetary limit for them to be evidence in consumer courts, as per paragraphs 5 and 6 of Article 22 of the Law on Protection of Consumers No. 4077, is 1,161.67 TL,
b) In the third paragraph of Article 5 of the Regulation on Consumer Arbitration Committees published in the Official Gazette dated 1/8/2003 and numbered 25186, the lower monetary limit for provincial arbitration committees operating in provinces with metropolitan status to be authorized to hear disputes is 3,032.65 TL.

This Pre-Information is made for commercial purposes.

DISTANCE SALES AGREEMENT

ARTICLE 1 – PARTIES

1.1 – SELLER
Title: UNIVERSAL İSTANBUL KOZMETİK PAZ. TİC. A.Ş.
Address: ÖMERLİ MAH. ÜLFET CAD. NO:28 ARNAVUTKÖY / İSTANBUL
Phone: (0850) 532 70 07
Email: destek@newwell.com.tr
Tax Office: BÜYÜKÇEKMECE
Tax Number: 8920669034
Mersis Number: 0892-0669-0340-0001

1.2 – BUYER

The person who is a member of the shopping site as a customer.

The address and contact information used during registration are taken as basis.

ARTICLE 2 – SUBJECT

The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law on Protection of Consumers No. 6502 and the Regulation on the Principles and Procedures for the Application of Distance Contracts, regarding the sale and delivery of the product whose characteristics and sales price are specified below, which the BUYER ordered electronically from the SELLER's website.

ARTICLE 3 – PRODUCT SUBJECT TO THE CONTRACT
The type, quantity, brand/model, color, number, sale price, payment method of the goods/product/service consist of the information at the time the order is finalized.

ARTICLE 4 – GENERAL PROVISIONS
4.1 The BUYER declares that they have read and understood the pre-information regarding the basic characteristics of the product subject to the contract, the sales price including all taxes, the payment method, the delivery and the fact that its costs will be borne by the BUYER, the delivery period, and the full commercial title, address, and contact information of the SELLER on the website, and that they have given the necessary confirmation electronically.

By confirming this contract electronically, the BUYER confirms that they have obtained accurate and complete information regarding the address, the basic characteristics of the ordered products, the price of the products including taxes, and the payment and delivery information that the Seller must provide to the Consumer before the conclusion of distance contracts.

4.2 The product subject to the contract will be delivered to the BUYER or the person/organization at the address indicated by the BUYER within the period specified in the pre-information on the website, depending on the distance of the BUYER's residence, provided that the legal period of 30 days is not exceeded for each product. All shipping fees for delivery shown in Article 3 will be covered by the BUYER and will be reflected on their order invoice as "Shipping Fee".

4.3 If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the refusal of the delivery by the person/organization to be delivered to.

4.4 The SELLER cannot be held responsible for the non-delivery of the ordered product to the BUYER due to any problems encountered by the cargo company during the delivery of the product to the BUYER.

4.5 The SELLER is responsible for delivering the product subject to the contract in a sound, complete condition, in accordance with the specifications stated in the order, and with any 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 expiration of the performance obligation arising from the contract, provided that there is a just cause.

4.7 If the SELLER cannot fulfill its contractual obligations due to the impossibility of performance of the product or service subject to the order, it shall notify the consumer of this situation before the expiration of the performance obligation arising from the contract and may supply a different product of equal quality and price to the BUYER.

4.8 For the delivery of the product subject to the contract, it is mandatory that the signed copy of this contract is delivered to the SELLER and its price is paid by the payment method chosen by the BUYER. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER shall be deemed to have been released from the obligation to deliver the product.

4.9 The BUYER accepts and undertakes that the credit card information they have defined in the system during shopping is correct, and that all legal and criminal liability arising from the use of this credit card belongs to them. If, after the delivery of the product, the relevant bank or financial institution fails to pay the product price to the SELLER due to the unauthorized or unlawful use of the BUYER's credit card by unauthorized persons, not resulting from the BUYER's fault, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs belong to the BUYER. If the BUYER does not send the product back, they accept and undertake that the product price will be transferred to the SELLER's bank accounts without any further notice in cases where the product price is not collected from the credit card for any reason or the product price is refunded to the credit card.

4.10 If the SELLER cannot deliver the product subject to the contract within the specified period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, or interruption of transportation, it is obliged to notify the BUYER of the situation. In this case, the BUYER can exercise one of the rights to cancel the order, replace the product subject to the contract with an equivalent product if any, and/or postpone the delivery period until the obstructive situation is eliminated. If the BUYER cancels the order, the amount paid will be refunded to them in cash and in one lump sum within 10 days.



4.11 Points given to the customer by the SELLER through a campaign are valid for only one purchase. These points are not refunded even if the product is returned.

In the case of payments made by the BUYER with a credit card, the product amount will be refunded to the relevant bank within 7 days after the order is canceled by the BUYER. Since the reflection of this amount to the BUYER's accounts after its refund to the bank is entirely related to the bank's transaction process, the BUYER acknowledges in advance that the SELLER cannot intervene in any way for possible delays, and that it may take an average of 2 to 3 weeks for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's account by the bank.

ARTICLE 5 – RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract without stating any reason within 14 days from the delivery of the product subject to the contract to them or to the person/organization at the address indicated by them.

However, for products specially prepared, offered for sale, and/or imported for the BUYER for specific days such as New Year's, holidays, Mother's Day, and for campaign and promotional products, product returns cannot be accepted; the BUYER makes their purchase by accepting these conditions.

To exercise the right of withdrawal, a notification must be made to the SELLER by fax or e-mail within 14 days, and the product must not have been used within the framework of the provisions of Article 6. If this right is exercised,

a) The invoice of the product delivered to the 3rd party 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 company. Order returns invoiced to companies cannot be completed unless a RETURN INVOICE is issued)

b) Return form,

c) The products to be returned within the 14-day period must be delivered complete and undamaged with their box, packaging, and standard accessories, if any. The product price will be refunded to the BUYER within 10 days following the receipt of these documents by the SELLER.

The shipping fee for the product returned due to the right of withdrawal will be covered by the SELLER for domestic orders and by the BUYER for international orders. The SELLER does not refund the shipping fee collected from the BUYER when selling the product.

When returning the product to the SELLER, the original invoice presented to the BUYER during the delivery of the product must also be returned (to ensure consistency in our accounting records), and if the invoice is not sent to the SELLER with the product or within 5 days at the latest from the shipment of the product, the return process will not be carried out, and the product will be sent back to the BUYER with freight collect in the same way. The invoice to be returned with the product must also be marked "return invoice" and signed by the BUYER.



ARTICLE 6 – PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Due to their nature; single-use products, reproducible software and programs, rapidly perishable products, or products with an expired shelf life are not accepted for return.

ARTICLE 7 – DEFAULTS OF THE DEBTOR
In case the BUYER defaults, the BUYER agrees to pay the damages and losses incurred by the SELLER due to the delayed performance of the debt. In cases where the BUYER's default is due to the SELLER's fault, the BUYER will not be obliged to meet any claims for damages and losses.

ARTICLE 8 – AUTHORIZED COURT

In the application of this Pre-Information, Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods or services and resides are authorized up to the value announced by the Ministry of Industry and Trade.
The SELLER can apply to the consumer arbitration committee or consumer court in the place where the goods or services were purchased or where the consumer resides, for complaints and objections, within the monetary limits determined by the T.R. Ministry of Industry and Trade every December. Information regarding the monetary limit is given below:

Effective from 28/05/2014;

a) According to Article 68 of the Law on Protection of Consumers No. 6502, in disputes whose value is below two thousand Turkish Liras, applications to district consumer arbitration committees are mandatory, in disputes whose value is below three thousand Turkish Liras, applications to provincial consumer arbitration committees are mandatory, and in provinces with metropolitan status, applications to provincial consumer arbitration committees are mandatory for disputes between two thousand Turkish Liras and three thousand Turkish Liras. Applications cannot be made to consumer arbitration committees for disputes above these values.

b) For disputes above the specified value, an application must be made to the Consumer Court, and in places where there is no Consumer Court, to the Istanbul Anatolian Court acting as a Consumer Court.

This pre-information is made for commercial purposes.


Please Note: Before signing the cargo receipt, please check whether your cargo package is damaged due to transportation. If your cargo package is damaged for any reason, return your cargo to the cargo authority for a report to be kept without signing any document related to the delivery. Your new products will be sent to you immediately by us. sefamerve.com is not responsible for the damage or deficiency of the products inside if products with damaged cargo packages are received.


15. All these terms and conditions are subject to Turkish Law.