CONSUMER RIGHTS – WITHDRAWAL – CANCELLATION AND RETURN CONDITIONS

GENERAL:

1. Should you place an order electronically through the website you are using, you shall be deemed to have accepted the preliminary information form and the distance sales agreement presented to you.
2. Buyers are subject to the provisions of Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation (Official Gazette: 27.11.2014/29188), as well as other applicable laws in force, with respect to the sale and delivery of the product they have purchased.
3. Shipping fees, being the cost of product dispatch, shall be paid by the seller.
4. Each product purchased shall be delivered to the person and/or entity at the address indicated by the buyer, provided that this does not exceed the legal period of 30 days. Should the product not be delivered within this period, Buyers may terminate the agreement.
5. The product purchased must be delivered complete, in conformity with the characteristics specified in the order, and together with any warranty certificate, user manual, or similar documents, if applicable.
6. Should the sale of the purchased product become impossible, the seller must notify the buyer thereof in writing within 3 days of becoming aware of this fact. The total price must also be refunded to the Buyer within 14 days.

SHOULD THE PRICE OF THE PURCHASED PRODUCT NOT BE PAID:

1. Should the Buyer fail to pay the price of the product purchased, or cancel it in the bank records, the Seller's obligation to deliver the product shall come to an end.

PURCHASES MADE THROUGH THE UNAUTHORISED USE OF A CREDIT CARD:

1. Should it be determined, after the product has been delivered, that the credit card with which the buyer made payment was wrongfully used 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 must return the product subject to the agreement to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.

SHOULD THE PRODUCT NOT BE DELIVERED ON TIME DUE TO UNFORESEEABLE CAUSES:

1. Should force majeure events that the Seller could not have foreseen occur, and the product cannot be delivered on time, the Buyer shall be notified of the situation. The Buyer may request the cancellation of the order, the replacement of the product with a similar one, or the postponement of delivery until the impediment is removed. Should the Buyer cancel the order: if it made payment in cash, this amount shall be paid to it in cash within 14 days of the cancellation. Should the Buyer have made payment by credit card and cancel the order, the product price shall likewise be refunded to the bank within 14 days of this cancellation, although it is possible that the bank may transfer it to the buyer's account within 2-3 weeks.

THE BUYER'S OBLIGATION TO INSPECT THE PRODUCT:

1. The Buyer shall inspect the goods/service subject to the agreement before accepting delivery, and shall not accept delivery from the cargo company of any goods/service that is dented, broken, has torn packaging, or is otherwise damaged or defective. Goods/service accepted upon delivery shall be deemed undamaged and sound. Following delivery, the BUYER must carefully preserve the goods/service. If the right of withdrawal is to be exercised, the goods/service must not be used. The Invoice must also be returned together with the product.

RIGHT OF WITHDRAWAL:

1. The BUYER may exercise its right of withdrawal from the agreement within 14 (fourteen) days from the date the product it purchased is delivered to it, or to the person/entity at the address it has indicated, by notifying the SELLER through the contact details below, without assuming any legal or criminal liability and without stating any reason, by rejecting the goods.

1. CONTACT DETAILS OF THE SELLER TO WHICH NOTICE OF WITHDRAWAL SHALL BE GIVEN:

COMPANY

NAME/TITLE: Arzu Koşar - Atelier Desire
ADDRESS: Göztepe Mah. Prof Mustafa Reşit Belgesay Sok No:19/8 Göztepe Kadıköy Istanbul, Göztepe Tax Office, 19820227450
EMAIL: [email protected]
PHONE: 0 850 303 0774
FAX: -

PERIOD OF THE RIGHT OF WITHDRAWAL:

1. Should what the Buyer has purchased be a service, this 14-day period begins from the date the agreement is signed. The right of withdrawal may not be exercised in service agreements where, with the consumer's approval, performance of the service has begun before the withdrawal period has expired.
2. Costs arising from the exercise of the right of withdrawal shall belong to the SELLER.
3. In order 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 agreement.

EXERCISE OF THE RIGHT OF WITHDRAWAL: 

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

RETURN CONDITIONS:

1. The SELLER is obliged to refund the total price and any documents placing the BUYER under a debt obligation to the BUYER no later than 10 days from the date the notice of withdrawal reaches it, and to collect the goods back within a period of 20 days.
2. Should there be a decrease in the value of the goods due to a reason attributable to the fault of the BUYER, or should the return become impossible, the BUYER shall be obliged to indemnify the SELLER's losses to the extent of its fault. However, the BUYER shall not be liable for any changes or deterioration arising, within the withdrawal period, from the proper use of the goods or product. 
3. Should the exercise of the right of withdrawal cause the amount to fall below the campaign limit set by the SELLER, the discount amount benefited from under the campaign shall be cancelled.

PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED:

1. Goods prepared at the BUYER's request or expressly in line with its personal needs and not suitable for return; underwear bottoms, swimsuit and bikini bottoms, make-up products, single-use products, goods at risk of rapid spoilage or with a likelihood of their expiry date passing; products whose return, once the packaging has been opened by the BUYER after delivery, is not appropriate on health and hygiene grounds; products which, after delivery, become mixed with other products and cannot, by their nature, be separated; goods relating to periodicals such as newspapers and magazines, other than those supplied under a subscription agreement; services performed instantly in an electronic environment, or intangible goods delivered instantly to the consumer; and audio or video recordings, books, digital content, software programs, data-recording and data-storage devices, and computer consumables whose packaging has been opened by the BUYER, may not be returned pursuant to the Regulation. Furthermore, the exercise of the right of withdrawal in respect of services whose performance has begun, with the consumer's approval, before the withdrawal period has expired is likewise not possible under the Regulation.
2. For cosmetics and personal care products, underwear products, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be returned, their packaging must be unopened, untried, unspoiled, and unused.
3. In addition, the return of silk shawls, scarves, and voile products that come into direct contact with the skin and face is accepted only on condition that they are strictly unused, unwashed, and their shape unimpaired. The return of products bearing perfume, body odour, make-up, or water stains, or from which the original brand label has been removed, is not accepted under the Regulation, on account of health/hygiene rules and the consequent loss of the product's resaleability 

DEFAULT AND ITS LEGAL CONSEQUENCES

1. Should the BUYER default where it makes payments by credit card, it accepts, declares, and undertakes that it will pay interest under the credit card agreement between it and the card-issuing bank, and that it will be liable to the bank. In this case, the relevant bank may resort to legal remedies and may claim from the BUYER any costs and attorney's fees that may arise, and, in any event, should the BUYER default on its debt, the BUYER accepts that it will pay the SELLER's losses and damages arising from the delayed performance of the debt.

PAYMENT AND DELIVERY

1. You may make payment (in TL) to our account by Bank Transfer or EFT (Electronic Fund Transfer): Yapı Kredi Bank, Fındıkzade Branch (126), IBAN: TR13 0006 7010 0000 0060 8187 67, Name-Surname: Arzu Koşar.
2. Through our site, you may take advantage of online single-payment or online instalment options with any of your credit cards. In your online payments, the amount will be charged to your credit card upon completion of your order.