Information on The Cancellation, Return, Replacement and Withdrawal Right

INFORMATION ON THE CANCELLATION, RETURN, REPLACEMENT AND WITHDRAWAL RIGHT  

 1.GENERAL INFORMATION

 1.1  With the Preliminary Information Form and Distance Sales/Service Agreement through website neyivar.com or mobile app of NEYİVAR TEKNOLOJİ VE TİCARET ANONİM ŞİRKETİ (“SELLER”),  the sales agreement (“Agreement”) established upon the required obligations are fulfilled by the SELLER and the approval by the BUYER shall be governed by the Law No. 6502 on Protection of Consumer and Regulation on Distance Agreements which is come into force upon the publication in the Official Gazette dated 27.11.2014 No. 29188 if the BUYER holds the capacity of a consumer. 

 1.2  The SELLER aims to fulfill its legal obligations and ensure customer satisfaction by providing you in the capacity of BUYER, our valued customers, to have information on important legal issues and by clearly informing you about your rights and obligations arising from electronic contracts. 

 GENERAL PROVISIONS

 2.1. The purchased product should be completely offered in accordance with the pre-specified qualifications. Each product purchased shall be delivered to the BUYER who is either person and/or company on the specified date. If the delivery of the Product has not been started yet, the BUYER may terminate the Agreement with the SELLER’s approval. If the SELLER initiate the procedures for the BUYER and the BUYER has make the payment through %website%, then the product is deemed to have been started to be offered and its cancellation or refund may not be requested in this context. 

2.2. If the BUYER fails to pay the price of the product or cancels it in the bank records, the SELLER’s obligation to perform shall cease. If the BUYER carries out such procedures authorized or unauthorized after the performance, the SELLER reserves its right to claim the price set out in the agreement. 

2.3.  In case of any force majeure events that the SELLER cannot foresee or the product is not delivered in due of time, the BUYER shall be notified in respect thereof within three days. The BUYER may request that the product be replaced with a similar or the delivery be delayed until the hindrance ceases. If the SELLER cancels the order; the SELLER shall refund the payment in cash within 14 (fourteen) business days of the cancellation if the BUYER pays it in cash. If the BUYER paid by credit card and cancels it, the product price shall be refunded to the bank within 14 (fourteen) business days of the cancellation, however, the bank is likely to transfer it to the BUYER’s account within 2-3 weeks. 

 2.4. In case any depreciation occurs in value of the goods or return of goods becomes impossible due to a reason arising from BUYER’s negligence, BUYER is obliged to indemnify SELLER’s damages. 

 2.5. If the product(s) you are intended to return is defective, the shipment fee are covered by our company if you sent it by our contracted courier company. We do not accept the shipment fee for the return or replacement of the products that are sent by any courier company other than this. The SELLER shall not be held responsible for any damages arising for this reason. 

 2.6. In the return and replacement of the product, invoiced to the organizations, the product should be returned together with “Return Invoice” which is issued by the concerned organization to include Product’s Unit Price+VAT. 

 2.7. If it is stated that the discount, promotion or shipping will be free of charge if the multiple products are collected in a single order, and if one of the Product(s) is returned, the shipping cost and promotion rate and discount amount of the product which are not returned shall be charged on the BUYER. The SELLER reserves its right to deduct the relevant amounts if any from the refunds that it will make to the BUYER.  

 2.8. Before your perform your Cancellation, Return, Withdrawal and Replacement transactions, the examination regarding whether the relevant required conditions are satisfied shall be made by the SELLER and the BUYER shall be notified accordingly.

3. PRODUCT REPLACEMENT

 3.1.  You may send your relevant request regarding the product you want to be replaced to us in the capacity of the SELLER within a period of 14 days from the date you receive your order. 

 3.2. The general replacement conditions are as follows; 

1. a) The product to be replaced and details of the product should be reported to the SELLER and the product to be replaced should be available in the SELLER’s inventories.
2. b)      The products should be shipped without taking out their labels and information stickers and without any damage to the product.
3. c)       The products to be replaced or returned should be in their original package together with their all accessories and packaging materials, in complete, physically undamaged, unused, resalable condition and the original invoice of the product should be provided.
4. d)        The product to be replaced should be returned in its original state at the time of delivery. (Products with a shipping label affixed on the original box and taped with shipping box tape are not acceptable.)
5. e)         The "Replacement/ Return Section" at the bottom of the invoice sent should be completed in full.
6. f)          Replacement without an invoice is not acceptable.
7. g)         The replacement of products that have lost theirsaleabilityand cannot be purchased by another customer is not acceptable. 
8. h)         The BUYER shall be responsible for all shipping costs except those sent through the courier company with which the SELLER is contracted.

İ)       The Product(s) that are requested to be replaced should not be products that are not subject to the right of withdrawal. 

4. RETURN OF A DEFECTIVE PRODUCT

 4.1.  Your orders undergo quality control before being packed and sent by courier. However, in case of any defects caused by the product, you can make your returns within fourteen (14) days of the delivery date of the product you purchased. 

If you have a complaint, if it has no defect arising from use as a result of the review process or which the BUYER will understand prima face but did not issue a report to establish the damage detection despite this, the product price shall be paid to you or optionally replaced with another product. 

 4.2. If the BUYER has taken delivery of the damaged and defective product(s) which are broken, package of which is torn etc. from the carrier company without inspecting the product(s) contemplated in the Agreement, it shall bear any responsibility in respect thereof. In case of a damaged package; Damaged packages should not be taken delivery, causing the Courier Company's employee to issue a “Damage Detection Report” and the SELLER should be informed in this respect. The product(s) received from the courier company’s employee by the BUYER shall be considered to be undamaged and intact. The BUYER shall bear any responsibility and damages of the product(s) after the delivery. The BUYER agrees, declares and undertakes that it will furnish the Courier Company with all his requests, and that the SELLER shall not be held responsible in this regard. 

 4.3. The general return conditions are as follows; 

1. a)      The products should be shipped without taking out their labels and information stickers and without any damage to the product.
2. b)       The products to be returned should be in their original package together with their all accessories and packaging materials, in complete, physically undamaged, unused, resalable condition and the original invoice of the product should be provided.
3. c)        The product to be returned should be returned in its original state at the time of delivery. (Products with a shipping label affixed on the original box and taped with shipping box tape are not acceptable.)
4. d)         The "Replacement/ Return Section" at the bottom of the invoice sent should be completed in full.
5. e)         Returns without an invoice are not acceptable.
6. f)          Return of the products which have lost their re-saleabilityor are in a condition not purchasable by another customer is not acceptable.
7. g)         The BUYER shall be responsible for all shipping costs except those sent through the courier company with which the SELLER is contracted.
8. h)          The Product(s) that are requested to be replaced should not be products that are not subject to the right of withdrawal. 

5. RIGHT OF WITHDRAWAL

5.1. Without prejudice to the exceptions specified in the Legislation, the BUYER, holding the capacity of a consumer, is entitled to withdraw from the Agreement within 14 (fourteen) days from the delivery of the Product(s) contemplated in the Agreement to it or the person at the address that it indicated, or from the date on which the Agreement is concluded, without any reason and paying any penal clause but in accordance with the terms and conditions of the Agreement and cancellation, return, replacement and withdrawal policies. The right of withdrawal shall only apply to the real persons holding the capacity of a consumer and may not be used in the commercial relations maintained on behalf of a company. This 14 (fourteen) day period shall begin with the day on which the consumer receives the goods in the agreement for sales of goods, and the day on which the agreement is concluded in other agreements. In order to use the right of withdrawal, the BUYER shall notify the SELLER by furnishing it with a “Withdrawal Form” through the contact details specified below provided that it uses the Product(s) in accordance with their technical features and usage instructions and does not cause them any damage, wear and tear. After the SELLER receives the withdrawal notice of the BUYER, the SELLER shall confirm the BUYER that the notice is received and shall refund the price of the Product(s) to the BUYER in line with the payment method within 14 (fourteen) days of the receipt of the notice provided that the Product(s) is not damaged, worn or used. 

5.2. The boxes, packages, standard accessories if any and other products gifted together with the Product(s), if any, of the Product(s) to be returned under the right of withdrawal should be returned completely and undamaged. When the Product(s) is returned to the SELLER, the BUYER should return the original invoice submitted to the BUYER at the time of delivery of the Product(s). The BUYER must return the Product(s) set out in the withdrawal notice together with the original invoice to the SELLER through the courier company delivering the order. 

5.3. Refund of the Price 

The price of the Product(s), if collected, shall be refunded to the BUYER within 14 (fourteen) days in the withdrawal conditions in line with the legislation and in the termination of the Agreement, provided that the conditions in the Agreement are met. The refund shall be made in such a way in compliance with the payment method by which the BUYER has paid the price of the Product. In credit card payments, the refund shall be made through a refund to the BUYER’s credit card. The price of the Product(s) shall be refunded to the relevant bank within the same period of time after the order is canceled by the BUYER. Transfer of the price to the BUYER's accounts after the refund to the bank is made by the SELLER relates to the bank transaction procedures and therefore the SELLER is not responsible any possible delays. The SELLER reserves its rights of set-off and discount arising from this Agreement and law with respect to the amount to be returned. The BUYER also has and reserves its legal rights for those circumstances where the Agreement is terminated by the BUYER due to non-performance of the SELLER. 

5.4. A) Procedure For Refunding To Credit Card 

In cases where the BUYER exercises his right of withdrawal, or in cases where the ordered product cannot be supplied for any reasons or it is decided to issue a refund to the BUYER through decisions of an arbitration committee, if the shopping is made with a credit card and in installments, the refund procedure to the credit card are specified below: 

If the BUYER has purchased the Product(s) in installments, the Bank shall make the refund to the BUYER in installments. In the event that the installment expenditures made from the bank POS are returned to the credit card of the BUYER after the SELLER has paid all of the prices of the Product(s) in a lump to the bank, the amount of the refund requested shall be transferred to the credit card holder accounts in installments by the Bank. The installment amounts paid by the BUYER until the cancellation of the sale shall be reflected as one refund to the card every month if the refund date and the statement date do not coincide, and the BUYER shall receive the amount of the same number of months as the number of installments it has paid before the refund, and this shall have been deducted from its current debts. 

5.5. Products On Which the Right of Withdrawal Cannot Be Exercised 

The BUYER may not exercise his right of withdrawal in the following circumstances as per Article 15 of the Regulation on Distance Agreements published in the Official Gazette dated 27/11/2014 and No. 29118. 

1. Agreements relating to goods or services, the prices of which change depending upon the fluctuations in financial markets and beyond the control of the SELLER.
   1. Agreements relating to goods prepared in accordance with the demands or personal needs of the consumer. 
   1. Agreements relating to the delivery of perishable goods or those has an expiry date. 
   1. Agreements relating to the delivery of goods the protective elements of which, such as packaging, bands, seals and wraps, have been opened after delivery, and return of which is not suitable in terms of health and hygiene. 
   1. Agreements relating to goods that were mixed with other products after delivery and therefore cannot be separated due to their nature. 
   1. Agreements relating to books, digital content and computer consumables provided in a tangible environment in cases where protective elements such as packages, bands and seals were opened after delivery. 
   1. Agreements relating to the delivery of periodical publications, such as newspapers and magazines other than those provided under subscription contracts. 
   1. Agreements relating to accommodation, the carriage of goods, car rentals, the provision of foods and beverages, and the good use of leisure times for entertainment or recreational purposes, which are required to be provided on a specific date or within a specific time period. 
   1. Agreements relating to products performed instantly in an electronic medium, or intangible goods delivered to the consumer instantly. 
   1. Agreements relating to products the performance of which starts upon the approval of the consumer before the expiry of the period of the right of withdrawal. 

   5.6. Conditions for Exercising the Right of Withdrawal 

   1. The Right of withdrawal shall be exercised within 14 days from the delivery of the Product(s) to the BUYER, for which the right of withdrawal can be exercised. 
   1. The Withdrawal Form contained in the annex of the Distance Sales Agreement should be completed. 
   1. The Product(s) should be shipped without removing the label and information adhesives and so as not to damage the product. 
   1. The products to be returned should be in their original package together with their all accessories and packaging materials, in complete, physically undamaged, unused, resalable condition and the original invoice of the product should be provided. 
   2. The product to be returned should be returned in its original state at the time of delivery. (Products with a shipping label affixed on the original box and taped with shipping box tape are not acceptable.)

      6. APPLICATION PROCEDURES TO THE SELLER

      The BUYER who want to carry out Cancellation, Return, Replacement and withdrawal procedures agrees any and all terms and conditions contained in the Preliminary Information Form, Distance Sales Agreement and in this text. The BUYER who is intended to exercise his rights by meeting the conditions under these Agreements will be able to send its requests to us, holding the capacity of the SELLER through our company details listed below. 

      Trade Name	: NEYİVAR TEKNOLOJİ VE TİCARET ANONİM ŞİRKETİ
      Address	: Atatürk Mahallesi Ertuğrul Gazi Sokak A Blok No:2 E İç Kapı No:331 Ataşehir/ISTANBUL
      Mersis (central registration system) No.	: 0631-1549-2590-0001
      Registered E-mail Address :	: [email protected]
      E-mail Address	: [email protected]
      Phone:	:

       

       

       

      7.INFORMATION ON CONSUMER ARBITRATION COMMITTEES

      In the applications to be lodged with the Consumer Arbitration Committees, the District Consumer Arbitration Committees shall be authorized in the disputes under 6.920 TRY, and the Provincial Consumer Arbitration Committees in the disputes between 6.920 TRY to 10.390 TRY in the metropolitan municipalities, and the Provincial Consumer Arbitration Committees in disputes under 10,390 TRY in the centers of the provinces not metropolitan municipality, and the Provincial Consumer Arbitration Committees in disputes under between 6.920 TRY and 10,390 TRY in the districts affiliated to the provinces not metropolitan municipality