Cancellation and Return Terms – Consumer Rights

CONSUMER RIGHTS – WITHDRAWAL – CANCELLATION AND RETURN TERMS

GENERAL:

  1. If you place an order electronically through the website you are using, you are deemed to have accepted the preliminary information form and the distance sales contract presented to you.
  2. With regard to the sale and delivery of the products they purchase, buyers are subject to the provisions of Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188) and other applicable laws.
  3. Cargo fees, which are the shipping costs of the product, shall be paid by the buyers.
  4. Each purchased product shall be delivered to the person and/or entity at the address given by the buyer, within the legal period of 30 days at most. If the product is not delivered within this period, buyers may terminate the contract.
  5. The purchased product must be delivered complete and in accordance with the specifications stated in the order, together with documents such as the warranty certificate and user manual, if any.
  6. If it becomes impossible to sell the purchased product, the seller must notify the buyer of this in writing within 3 days of learning of it. The total price must also be refunded to the Buyer within 14 days.

IF THE PRICE OF THE PURCHASED PRODUCT IS NOT PAID:

  1. If the buyer does not pay the price of the purchased product or cancels the payment in the bank records, the Seller’s obligation to deliver the product ends.

PURCHASES MADE WITH UNAUTHORISED USE OF A CREDIT CARD:

  1. If, after the product has been delivered, it is determined that the credit card used by the buyer for payment was used unlawfully by unauthorised persons, and the price of the product sold is not paid to the Seller by the relevant bank or financial institution, the Buyer is obliged to return the product subject to the contract to the SELLER within 3 days, with the shipping costs borne by the SELLER.

IF THE PRODUCT CANNOT BE DELIVERED ON TIME DUE TO UNFORESEEABLE REASONS:

  1. If force majeure events that the Seller could not foresee occur and the product cannot be delivered on time, the Buyer is informed. The Buyer may request cancellation of the order, replacement of the product with a similar one, or postponement of delivery until the obstacle is removed. If the Buyer cancels the order and paid in cash, this amount is paid back to them in cash within 14 days of the cancellation. If the Buyer paid by credit card and cancels, the product price is likewise refunded to the bank within 14 days of the cancellation, although the bank may take 2-3 weeks to transfer it to the buyer’s account.

THE BUYER’S OBLIGATION TO INSPECT THE PRODUCT:

  1. The Buyer shall inspect the goods/services subject to the contract before accepting delivery; they shall not accept damaged or defective goods/services, such as dented, broken or torn-packaging items, from the cargo company. The goods/services accepted shall be deemed undamaged and intact. The BUYER must take due care of the goods/services after delivery. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must also be returned with the product.

RIGHT OF WITHDRAWAL:

  1. The BUYER may exercise the right of withdrawal from the contract by rejecting the goods, without assuming any legal or criminal liability and without giving any reason, within 14 (fourteen) days from the date the purchased product is delivered to them or to the person/entity at the address they gave, provided they notify the SELLER through the contact details below.
  1. CONTACT DETAILS FOR NOTIFYING THE SELLER OF THE RIGHT OF WITHDRAWAL:

COMPANY: MODAMOB MAKİNE VE AKSESUARLARI MOBİLYA SANAYİ TİCARET LİMİTED ŞİRKETİ

NAME/TITLE:
ADDRESS: KONAK MAH. 1.AKÇAY SK. NO: 6 D NİLÜFER/ BURSA
EPOSTA:bilgi@modamob.com.tr
TEL: 0224 443 44 66
FAX:

PERIOD OF THE RIGHT OF WITHDRAWAL:

  1. If what the Buyer purchased is a service, this 14-day period starts from the date the contract is signed. The right of withdrawal cannot be exercised in service contracts whose performance has begun with the consumer’s approval before the withdrawal period expires.
  2. The costs arising from the exercise of the right of withdrawal belong to the SELLER.
  3. To exercise the right of withdrawal, written notice must be given to the SELLER within the 14 (fourteen) day period by registered mail with return receipt, fax or e-mail, and the product must not have been used within the framework of the provisions on “Products for Which the Right of Withdrawal Cannot Be Exercised” set out in this contract.

EXERCISING THE RIGHT OF WITHDRAWAL: 

  1. The invoice of the product delivered to a third party or to the BUYER (if the invoice of the product to be returned was issued to a company, it must be sent back together with the return invoice issued by that company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE is issued.)
  2. The return form, together with the box, packaging and standard accessories (if any) of the products to be returned, must be delivered complete and undamaged.

RETURN CONDITIONS:

  1. Within 10 days at the latest from the date the notice of withdrawal reaches it, the SELLER is obliged to refund the total price and the documents that place the BUYER under obligation to the BUYER, and to take back the goods within 20 days.
  2. If the value of the goods decreases for a reason arising from the BUYER's fault, or if return becomes impossible, the BUYER is obliged to compensate the SELLER's losses in proportion to the BUYER's fault. However, the BUYER is not responsible for changes and deterioration occurring during the withdrawal period as a result of proper use of the goods or product. 
  3. If, as a result of exercising the right of withdrawal, the amount falls below the campaign threshold set by the SELLER, the discount obtained under the campaign is cancelled.

PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED:

  1. Products prepared at the BUYER’s request or clearly in line with personal needs and unsuitable for return; underwear bottoms, swimsuit and bikini bottoms, make-up products, disposable products, goods at risk of rapid spoilage or likely to pass their expiry date, products that would not be suitable to return for health and hygiene reasons if the BUYER opens the packaging after delivery, products that mix with other products after delivery and by their nature cannot be separated, goods relating to periodicals such as newspapers and magazines (other than those supplied under a subscription contract), services performed instantly in electronic form or intangible goods delivered instantly to the consumer, and audio or video recordings, books, digital content, software programs, data recording and storage devices and computer consumables whose packaging has been opened by the BUYER cannot be returned under the Regulation. Furthermore, exercising the right of withdrawal for services whose performance has begun with the consumer’s approval before the withdrawal period expires is also not possible under the Regulation.
  2. For cosmetics and personal care products, underwear, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and consumable stationery supplies (toner, cartridges, ribbons, etc.) to be returnable, their packaging must be unopened, untested, intact and unused.

DEFAULT AND ITS LEGAL CONSEQUENCES

  1. If the BUYER makes the payment by credit card and falls into default, the BUYER acknowledges, declares and undertakes that they will pay interest within the framework of the credit card agreement with the cardholder’s bank and will be liable to the bank. In this case, the relevant bank may take legal action and may claim the resulting costs and attorney’s fees from the BUYER, and in any case, if the BUYER falls into default on their debt, the BUYER accepts that they will pay the loss and damage the SELLER suffers due to the late performance of the debt.

PAYMENT AND DELIVERY

  1. By bank transfer or EFT (Electronic Funds Transfer), you can pay into any of our …………, ……… bank accounts (TL).
  2. On our site, with your credit cards, you can use online single payment or online instalment options for any type of credit card. For online payments, the amount will be charged to your credit card when your order is completed.