Delivery and Return Conditions - Yakışanı Bul

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Delivery And Return Conditions

WITHDRAWAL IN DISTANCE SALES - RETURN AND DELIVERY INFORMATION TEXT
What is the right of withdrawal and how is it used?

According to Article 48 of the Law No. 6502 on the Protection of Consumers;

The seller or provider shall fulfill its obligation within the promised period from the moment the consumer's order reaches it. In the sale of goods, this period cannot exceed thirty days in any case. If the seller or provider fails to fulfill its obligation within this period, the consumer may terminate the contract.
The consumer has the right to withdraw from the contract within fourteen days without giving any reason and without paying a penalty. It is sufficient for the notification of the use of the right of withdrawal to be sent to the seller or provider within this period. The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal. If the consumer is not duly informed about the right of withdrawal, he/she is not bound by the fourteen-day period to exercise the right of withdrawal. In any case, this period ends one year after the end of the withdrawal period. The consumer is not responsible for changes and deteriorations that occur due to the usual use of the product during the withdrawal period.

Those who mediate the establishment of a distance contract on behalf of the seller or provider by using or having used remote communication tools within the framework of the system they have created are obliged to keep records of the transactions made with the seller or provider due to the issues included in this article and to provide this information to the relevant institutions, organizations and consumers upon request. However, those who mediate within the scope of this paragraph are responsible for their acts contrary to the contract they have made with the seller or provider.

In determining the withdrawal period in accordance with the third paragraph of Article 9 of the Distance Contracts Regulation;

For goods that are a single order and delivered separately, the day the consumer or the third party designated by the consumer receives the last good,
For goods consisting of more than one piece, the day the consumer or the third party designated by the consumer receives the last piece,
In contracts where the goods are delivered regularly for a certain period, the day the consumer or the third party designated by the consumer receives the first good shall be taken into account.

According to Article 13 of the same Regulation; the consumer must return the good to the seller or provider or the person authorized by the consumer within ten days from the date of sending the notification to the seller regarding the use of the right of withdrawal. The consumer is not responsible for any changes or deteriorations that occur if the consumer uses the good in accordance with its operation, technical specifications and instructions for use during the withdrawal period.

What are the situations/products in which the right of withdrawal cannot be exercised?

According to Article 15 of the Distance Contracts Regulation, the right of withdrawal cannot be exercised in the contracts specified below;

Contracts for goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider,
Contracts for goods prepared in line with the consumer's requests or personal needs, (For example; dresses prepared according to the person's body measurements, etc.)
Contracts for the delivery of goods that can deteriorate quickly or whose expiration date may be exceeded,
Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts regarding the delivery of items that are not suitable for return in terms of health and hygiene (e.g. hair accessories, bridal crowns, flower bouquets, veils, purses, etc.)
Contracts regarding goods that are mixed with other products after delivery and cannot be separated by nature,
Contracts regarding books, digital content and computer consumables provided in a material medium if protective elements such as packaging, tape, seal, package are opened after delivery of the goods,
Contracts regarding the delivery of periodical publications such as newspapers and magazines, other than those provided within the scope of subscription contracts,
Contracts regarding the evaluation of free time for accommodation, goods transportation, car rental, food and beverage supply and entertainment or resting that must be done on a certain date or period,
Contracts regarding services performed instantly in an electronic environment or intangible goods delivered to the consumer instantly,
Contracts regarding services that are started to be performed with the consumer's approval before the expiration of the right of withdrawal period.

Can the consumer be held responsible for the decrease in value that occurs due to the use of the product/products for which he/she has exercised his/her right of withdrawal?

The buyer will inspect the goods/services subject to the contract before receiving them; will not receive damaged and defective goods/services such as crushed, broken, torn packaging, etc. from the cargo company. The goods/services received will be deemed to be undamaged and intact. The buyer must protect the goods/services carefully after delivery. If the right of withdrawal is to be used, the goods/services must not be used. The invoice must also be returned together with the product.

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