Shipping policy
1. SELLER:
Title: Onur Oğuz (Sole Proprietorship)
Address: Küçükbakkalköy Mah. Selvili Sok. No: 4/20 Ataşehir/İstanbul
Phone: +90 543 740 68 55
Email: retrocameraland@gmail.com
Tax Number: 6350513243
1.2. BUYER:
Full Name/Title: [This information will vary depending on your order]
Address: [This information will vary depending on your order]
Phone: [This information will vary depending on your order]
Email: [This information will vary depending on your order]
ARTICLE 2 – DEFINITIONS
a) CUSTOMIZED PRODUCT: Products that are specially manufactured and/or require installation in accordance with the BUYER's requests. For example, sofas with changed fabric color or type, furniture with changed wood material features, products requiring installation and assembly, products manufactured to custom dimensions, and products whose protective elements such as packaging, tape, seal, or box have been opened after delivery all fall under the CUSTOMIZED PRODUCT category.
b) STANDARD PRODUCT: Products whose features are not altered in accordance with the BUYER's requests.
c) FREIGHT-DELIVERED PRODUCT: Products whose delivery is carried out by Retrocameraland's own freight/shipping teams.
ç) COURIER-DELIVERED PRODUCT: Products whose delivery is carried out by contracted courier/shipping companies.
d) DISPLAY PRODUCT: Products offered in Retrocameraland Stores.
e) VIRTUAL POS: Refers to the credit card payment method carried out online in Retrocameraland Stores.
f) MOBILE POS: Refers to the credit card payment terminals located in Retrocameraland Stores.
g) WEBSITE: Refers to the Retrocameraland.com website.
h) STORE: Refers to the Retrocameraland store where the sale is made.
ı) BUYER: The BUYER or a third party designated by the BUYER
ARTICLE 2 - SUBJECT
This Distance Sales Agreement ("Agreement") has been drawn up in accordance with the Law on the Protection of Consumers and the Regulation on Distance Contracts. The parties to this Agreement acknowledge and declare that they know and understand their obligations and responsibilities arising from the Law on the Protection of Consumers and the Regulation on Distance Contracts under this Agreement. The subject of this agreement is to determine the rights and obligations of the parties, pursuant to the provisions of the Law on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of goods/services with the qualities specified in the agreement, for which the Buyer has placed an electronic order to purchase products belonging to the Seller through Retrocameraland.com, belonging to Onur Oğuz, or other domain names associated with the service provided ("Website").
ARTICLE 3 - PRODUCT(S) SUBJECT TO THE AGREEMENT
3.1. The type and nature, quantity, brand/model, color, and sales price including taxes (as unit price x quantity) of the products are as specified in the product content.
Products will vary depending on your order
3.2. PAYMENT METHOD: [This information will vary depending on your order]
3.2.1 PAYMENT BY CREDIT CARD
a) When the BUYER chooses to pay by credit card, they will enter their credit card information on the relevant page before completing their purchase on Retrocameraland.com.
b) The BUYER may choose any of the available installment options, where applicable, or make a single payment.
c) The BUYER's bank may run campaigns offering a higher number of installments than selected, or services such as installment deferral. Such campaigns are at the discretion of the BUYER's bank, and where the SELLER is aware of them, information about such campaigns is provided on Retrocameraland.com.
ç) If the BUYER chooses one of the installment options, the order total will be divided by the number of installments and reflected on the credit card statement by the BUYER's bank starting from the card's statement date. The bank may not distribute installment amounts equally across months, taking rounding differences into account.
The detailed payment plan is at the discretion of the BUYER's bank.
d) Furthermore, since installment sales are only made using credit cards issued by banks, the BUYER acknowledges, declares, and undertakes that they will separately confirm the applicable interest rates and default interest information from their bank, and that provisions regarding interest and default interest, as required under the applicable legislation, will be governed by the credit card agreement between the Bank and the BUYER.
e) In the event that the BUYER defaults on transactions made with their credit card, the BUYER shall pay interest and be liable to the bank under the credit card agreement made with the bank. In the event that the BUYER defaults on their debt, the BUYER agrees and undertakes to compensate the SELLER for any loss or damage arising from the delayed performance of the debt.
f) The BUYER shall be responsible for the accuracy of the card information provided during the credit card payment process.
g) In the event that the credit card payment method is used unlawfully by someone other than the cardholder, the matter will be handled in accordance with the provisions of the Bank Cards and Credit Cards Law and the Regulation on Bank Cards and Credit Cards.
ARTICLE 4 - DELIVERY The Agreement enters into force upon approval by the Buyer, and is fulfilled upon delivery of the Goods/Service purchased by the Buyer from the Seller to the Buyer. The Goods/Service will be delivered to the person(s) at the address specified by the Buyer in the order form and in this agreement
Delivery Address: [This information will vary depending on your order]
Person to Receive Delivery: [This information will vary depending on your order]
Billing Address: [This information will vary depending on your order]
Delivery costs for the Goods/Service are borne by the Buyer. If the Seller has stated on the website that it will cover the delivery fee, the delivery costs will be borne by the Seller. Delivery of the goods will be made within the promised period, subject to stock availability and completion of payment. The Seller shall deliver the Goods/Service within 30 (thirty) days from the date the Buyer places the order for the Goods/Service, and reserves the right to extend this period by an additional 10 (ten) days with written notice within this period. If, for any reason, the price of the Goods/Service is not paid by the Buyer, or if the payment made is canceled in the bank records, the Seller shall be deemed released from the obligation to deliver the Goods/Service.
Delivery will be made in person to the BUYER's address specified above via the courier company. Even if the BUYER is not present at their address at the time of delivery, the SELLER shall be deemed to have fully and completely performed its obligation. For this reason, any damage arising from the BUYER's late collection of the product, as well as expenses arising from the product waiting at the courier company and/or the shipment being returned to the SELLER, shall be borne by the BUYER.
If the product is to be delivered to a person/entity other than the BUYER, the SELLER cannot be held responsible if the person/entity to whom it is delivered refuses the delivery.
4.1 DELIVERY OF FREIGHT-DELIVERED PRODUCTS
a) The BUYER is contacted via SMS or phone call 1-3 days before the planned delivery date and the BUYER's confirmation is obtained. Since delivery schedules are automatically prepared by the system, no changes are made except in special circumstances.
b) On the delivery day, the BUYER is called and informed during the day before arriving for delivery.
c) In cases where the BUYER has special circumstances or no one is present at the specified address and delivery cannot be made, the 2nd delivery is rescheduled for at least 14 days later, and the SELLER charges an extra freight fee for the new freight organization.
d) For freight deliveries that include installation, installation is carried out on the same day as delivery. Installation is not scheduled for a different day.
e) If a problem is noticed during delivery, the problem must be noted by the BUYER on the delivery form provided by the delivery team.
f) In cases such as the building not having a freight elevator or the product not fitting inside the building, where a crane/lift needs to be hired, responsibility lies with the BUYER.
4.2 DELIVERY OF COURIER-DELIVERED PRODUCTS
a) For products to be sent by courier, the relevant courier company and tracking number will be shared with you via SMS and email once the shipment is handed over to the courier.
b) The BUYER is responsible for inspecting the PRODUCT upon receipt and, if a problem caused by shipping is noticed, for refusing to accept the PRODUCT and having the COURIER company representative draw up a report. Otherwise, the SELLER will not accept responsibility.
c) In villages, towns, or locations far from the city center where couriers cannot make deliveries, your shipment will be brought to the nearest central branch, and the BUYER will be notified to collect it from there. The BUYER must collect the shipment within the specified period.
4.3 DELIVERY OF SERVICES FOR PRODUCTS WITH OPTIONAL INSTALLATION PURCHASE
a) For products where installation is the customer's responsibility, if additional installation service has been purchased, the installation service will be scheduled within seven (7) days at the latest after the PRODUCT is delivered.
b) The BUYER is contacted via SMS or phone call 1-3 days before the planned service date and the BUYER's confirmation is obtained. Since service schedules are automatically prepared by the system, no changes are made except in special circumstances.
c) On the installation day, the BUYER is called and informed during the day before arriving for installation.
ç) It is the BUYER's responsibility to unpack and inspect the product for which additional installation service has been purchased before the installation service arrives. d) It is important that any defect in the product be identified before the installation service.
e) In the event of a return of products installed with additional installation service, disassembling the product again is the responsibility of the BUYER.
ARTICLE 5 - BUYER'S DECLARATIONS AND UNDERTAKINGS
5.1. The Buyer declares that they have read and are informed of the preliminary information uploaded by the Seller on the Website regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the agreement, and that they have provided the necessary confirmation electronically. Buyers, as Consumers, may submit their requests and complaints through the channels provided in the Seller's contact information above.
5.2. By confirming this Agreement and the Preliminary Information Form electronically, the Buyer confirms that they have also obtained, accurately and completely, the address, the basic characteristics of the ordered products, the price of the products including taxes, and the payment and delivery information that must be provided to the consumer by the Seller prior to the conclusion of distance contracts.
5.3. If the Buyer accepts delivery of the Goods/Service from the courier company without inspecting it beforehand, and the Goods/Service turns out to be damaged or defective—destroyed, broken, torn packaging, etc.—the responsibility lies entirely with the Buyer. Goods/Service received by the Buyer from the courier company representative shall be deemed undamaged and intact. After delivery, responsibility for and any damage to the Goods/Service lies with the Buyer. If, after delivery of the Goods/Service, the relevant bank or financial institution does not pay the Seller the price of the goods/service due to unauthorized or unlawful use of the Buyer's credit card by unauthorized persons through no fault of the Buyer, the Buyer is obligated to return the Goods/Service to the Seller within 3 (three) days, provided it has been delivered to them. In this case, delivery costs shall be borne by the Buyer.
5.4. The Buyer must enter their information completely and accurately. A phone number and tax number/national ID number are required for delivery.
5.5. Prices of upholstered products on the website may vary depending on the type and quality of fabric with which the product is covered.
5.6. The BUYER declares and undertakes in advance that the personal and other information provided when registering on the Website is accurate before the law, and that they will fully and immediately compensate the SELLER for any damages the SELLER may incur due to the inaccuracy of this information.
5.7. The BUYER may not give or share the password provided by the SELLER with other persons or organizations; the right to use said password belongs solely to the BUYER. In the event that the BUYER's password is obtained by someone else or used by another person with the same password, the BUYER is obligated to make all payments owed to the SELLER arising from such transactions fully and on time. The SELLER reserves all rights to compensation and other claims arising from such unauthorized use, against all liability that may arise from this and against all claims and demands that may be asserted against the SELLER by third parties or competent authorities. The SELLER may permanently or temporarily disable the BUYER's password for security or other reasons.
5.8. The BUYER accepts and undertakes in advance to comply with legal regulations while using the Website and not to violate them. Otherwise, all legal and criminal liabilities that may arise shall be fully and exclusively binding on the BUYER.
5.9. The BUYER may not use the Website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, is for an unlawful purpose, or infringes on the intellectual and copyright rights of others. Furthermore, the BUYER may not engage in activities or transactions (Spam, Virus, Trojan Horse, etc.) that prevent or hinder others from using the services.
5.10. Ideas and opinions declared, written, or used by BUYERS on the Website are entirely the personal opinions of the BUYERS and are binding on the person expressing them. These opinions and ideas have no connection whatsoever with the SELLER. The SELLER bears no responsibility for damages that third parties may suffer due to opinions and views expressed by the BUYER, nor for damages the BUYER may suffer due to opinions and views expressed by third parties.
5.11. The BUYER agrees not to access or use the software and data of other internet users without permission. Otherwise, any legal and criminal liability arising from this shall belong entirely to the BUYER who used the software and data without permission.
5.12. The SELLER may disclose the BUYER's personal information when required by law or in cases where it believes in good faith that it is necessary to (a) comply with legal requirements or comply with legal proceedings served on the SELLER; (b) protect and defend the rights and property of the SELLER and the SELLER's Website family.
5.13. Measures have been taken within available means to ensure that the SELLER's Website is free of viruses and similar malicious software. In addition, for ultimate security, the user must obtain their own virus protection system and ensure the necessary protection. In this context, by entering the SELLER's Website, the BUYER is deemed to have accepted that they are responsible for any errors that may occur in their own software and operating systems and the direct or indirect consequences thereof.
5.14. The SELLER reserves the right to change the content of the site at any time, to modify or terminate any service provided to users, or to delete user information and data recorded on the SELLER's Website.
5.15. The Parties accept and declare that all computer records belonging to the SELLER shall be taken as the sole and real exclusive evidence in accordance with Article 287 of the Code of Civil Procedure (HMK/HUMK), and that such records constitute an evidentiary agreement.
ARTICLE 6 - SELLER'S DECLARATIONS AND UNDERTAKINGS
6.1. The Seller is responsible for delivering the Goods/Service subject to the Agreement to the Buyer in sound and complete condition, in accordance with the Consumer Legislation and the qualities specified in the order, together with any warranty documents and user manuals, if applicable. If the Seller is unable to deliver the product subject to the agreement within the specified period due to force majeure or extraordinary circumstances preventing shipment, it is obligated to notify the Buyer as soon as possible. If the Goods/Service subject to the Agreement is to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to whom it is to be delivered refuses the delivery.
6.2. Stock status for products on sale is updated from the SELLER's stock. Despite updates to the Seller's stock, the shipping period for products that are out of stock due to unforeseen reasons may be extended. In such cases, the customer will be informed by phone or email. Depending on the customer's request, the order may be modified, the shipment may be awaited, or the order may be cancelled. In the event of order cancellation, if payment was made by credit card, the refund will be made to the credit card; if payment was made by bank transfer, the refund will be made to a bank account specified by the customer.
6.3. All product prices sold on the website are determined by the SELLER in accordance with free market principles. This includes the List Price, Sale Price, and Discounted Price. The BUYER acknowledges that no one, including the product manufacturer, importer, or distributor, has the authority to force a change in price. Typographical errors are an exception.
6.4. At the moment the BUYER places an order, the information entered for the order is verified. For this reason, before the order is shipped, a confirmation email regarding the order must first be sent to the BUYER.
6.5. Orders placed after 3:30 PM on Fridays are processed on Monday. Orders falling on public holidays are processed on the next business day.
6.6. Shipping and delivery fees vary depending on the content of the order, the type of delivery selected, and the delivery location. Shipping fee information can be viewed in detail on the payment screens during checkout.
6.7. Deliveries are made only by courier companies designated by the SELLER or through its own distribution network, with identity verification. Delivery cannot be requested through a different courier company. The ordered Package must be inspected upon receipt, and damaged or faulty packages must not be accepted. Once the package is received, the BUYER's Order shall be deemed to have been delivered complete and intact by the courier representative.
6.8. The SELLER does not ship internationally.
6.9. The SELLER is free to select the range of products it will sell through its online store according to its own decisions. The BUYER has no right to object in this regard.
6.10. After the order is received, it is prepared by the SELLER within the specified period and handed over to the courier. If the ordered product handed over to the courier is not delivered within the specified period, such delay arises from the courier company and the SELLER cannot be held responsible for said delay. In the event of a delay in order delivery, the BUYER is obligated to notify the SELLER immediately.
6.11. The BUYER can track their shipped order online using the Tracking Number sent to them in the Order Confirmation.
ARTICLE 7 - RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the agreement within 14 days from the delivery of the product subject to the agreement to themselves or to the person/organization at the address they specified, by rejecting the goods without giving any reason and without paying any penalty. The withdrawal period begins on the day the agreement is concluded for agreements relating to the performance of services; for agreements relating to the delivery of goods, it begins on the day the consumer or a third party designated by the consumer receives the goods. To exercise the right of withdrawal, the SELLER must be notified by fax, email, or phone within this period, and the contents of the product's box/package must not be missing and the product must be in a resalable condition. If this right is exercised, the original invoice, along with a copy of the shipping delivery report confirming that the product delivered to the third party or the BUYER has been sent back to the SELLER, must be returned. If the original invoice is not sent, VAT and any other legal charges, if applicable, cannot be refunded. The product price will be refunded to the BUYER within 10 days from the date the consumer's withdrawal notice reaches the seller. The shipping cost, EFT deduction, and other expenses for the product returned due to the right of withdrawal are covered by the SELLER.
We undertake that the consumer has the right to withdraw from the agreement by rejecting the goods or service within fourteen days from the date of receiving the goods or the date the agreement was signed, without assuming any legal or criminal liability and without stating any reason, and we undertake to take back the goods from the date the withdrawal notice reaches the seller or provider.
ARTICLE 8 - REFUND PROCEDURE
8.1. Credit Card Refund Procedure: In cases where the BUYER exercises their right of withdrawal, or where the product subject to the order cannot be supplied for various reasons, or where a refund is decided by an arbitration committee, if the purchase was made by credit card in installments, the credit card refund procedure is as specified below:
Whatever number of installments the BUYER used to purchase the product, the bank will refund the customer in installments as well. After the SELLER pays the bank the full product price in a single payment, in the event of a refund to the BUYER's credit card for installment transactions made via bank POS terminals, the requested refund amounts are likewise transferred by the bank to the cardholder's account in installments, so that the parties involved are not put at a disadvantage. If the refund date does not coincide with the card's statement date, one installment refund will be reflected on the card each month, and the customer will receive, after the sale's installments are finished, as many additional months of refund installments as they had already paid before the refund, which will be deducted from their existing debts.
In the event of a return of goods or services purchased by card, the SELLER cannot make a cash payment to the customer, pursuant to its agreement with the bank. When a refund transaction occurs, the BUYER's place of business, i.e., the SELLER, will process the refund through the relevant software, and since the BUYER's place of business, i.e., the SELLER, is obligated to pay the relevant amount to the bank in cash or by offset, cash payment to the customer cannot be made under the procedure described above. The refund to the credit card will be made by the bank in accordance with the above procedure after the SELLER pays the full amount to the bank in a single payment. The BUYER acknowledges and undertakes that they have read and accepted this procedure.
8.2. Refund Procedure for Bank Transfer/EFT Payment Options: For Bank Transfer/EFT payment options, the refund will be made by bank transfer/EFT to the account specified by the consumer (the account must be in the name of the person on the billing address or in the name of the user BUYER), after requesting the consumer's bank account information.
8.3 REFUND FOR PAYMENT BY MOBILE POS CREDIT CARD
Whatever number of installments the BUYER used to purchase the product, the Bank will refund the BUYER in installments as well. The method of refund to be made to the BUYER by the Bank is between the BANK and the BUYER, and the SELLER has no responsibility in this regard.
After the SELLER pays the bank the full product price in a single payment, in the event of a refund to the BUYER's credit card for installment transactions made via Bank POS terminals, the requested refund amounts are likewise transferred by the Bank to the cardholder's account in installments, so that the parties involved are not put at a disadvantage. If the refund date does not coincide with the card's statement date, one (1) installment refund will be reflected on the card each month, and the BUYER will receive, after the sale's installments are finished, as many additional months of refund installments as they had already paid before the refund, which will be deducted from their existing debts.
In the event of a return of goods or services purchased by card, the SELLER cannot make a cash payment to the BUYER, pursuant to its agreement with the Bank. When a refund transaction occurs, the SELLER will process the refund through the relevant software, and since the SELLER is obligated to pay the relevant amount to the Bank in cash or by offset, cash payment to the BUYER cannot be made under the procedure described above. The refund to the credit card will be made by the Bank in accordance with the above procedure after the SELLER pays the full amount to the Bank in a single payment.
ARTICLE 9 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following agreements:
a) Agreements relating to goods or services whose price varies depending on fluctuations in financial markets and which are not under the control of the seller or provider.
b) Agreements relating to goods/customized products prepared according to the consumer's requests or personal needs.
c) Agreements relating to the delivery of goods that are perishable or likely to expire quickly.
ç) Agreements relating to the delivery of goods whose protective elements such as packaging, tape, seal, or box have been opened after delivery, where return is not suitable for health or hygiene reasons.
d) Agreements relating to goods that, after delivery, are mixed with other products and which, by their nature, cannot be separated.
e) Agreements relating to books, digital content, and computer consumables supplied in physical form, where the protective elements such as packaging, tape, seal, or box have been opened after delivery of the goods.
f) Agreements relating to the delivery of periodicals such as newspapers and magazines, except those provided under a subscription agreement.
g) Agreements relating to accommodation, goods transport, car rental, food and beverage supply, and leisure-time activities for entertainment or recreation purposes, which must be performed on a specific date or period.
ğ) Agreements relating to services performed instantly online or to intangible goods delivered instantly to the consumer.
h) Agreements relating to services whose performance has begun, with the consumer's approval, before the expiration of the withdrawal period
Products sold as part of a campaign are not accepted for return under any circumstances.
ı) For products specified in this article for which the Buyer has no right of withdrawal, the Seller reserves the right, entirely at its own discretion and in order not to reject the Buyer's return request, to accept a return with a 30% deduction from the product price. This request is valid for 14 days following the delivery date.
ARTICLE 10 - LIABILITY FOR DEFECTS
Defective Goods: Goods are considered defective if they contain material, legal, or economic deficiencies that are contrary to the qualities stated on the packaging, label, instructions for use, or in advertisements and announcements, or notified by the seller, or specified in the relevant standard or technical regulation, or that affect the quantity relevant to such quality, or that reduce or eliminate the value of the goods in terms of their intended use or the benefits the consumer expects from them.
The consumer is obligated to notify the seller of the defect within thirty days from the date of delivery of the goods. In this case, the consumer has the right to withdraw from the contract, including a refund of the price, to request replacement of the goods with a defect-free equivalent, or to request a price reduction proportional to the defect or free repair. The seller is obligated to fulfill the consumer's chosen request. In addition to one of these optional rights, the consumer also has the right to seek compensation from the manufacturer-producer in cases where the defective goods cause death and/or injury and/or cause damage to other goods in use.
Unless those held liable for defects under this article have assumed liability for a longer period, liability for defective goods is subject to a two-year statute of limitations from the date the goods are delivered to the consumer, even if the defect appears later.
Except for provisions relating to liability for damages caused by defective goods, the above provisions do not apply to goods purchased with knowledge that they were defective.
Defective goods to be offered for sale must bear a label on the goods or their packaging, placed by the manufacturer or seller, containing the term "defective" in a manner easily readable by the consumer. This labeling requirement does not apply to places exclusively selling defective goods, or to a section such as a floor or aisle permanently allocated to the sale of defective goods, in a manner the consumer can recognize. The fact that the goods are defective shall be indicated on the invoice, receipt, or sales document given to the consumer.
Unsafe goods may not be offered on the market even with a "defective" label. Such products are subject to the provisions of Law No. 4703 on the Preparation and Implementation of Technical Legislation on Products.
These provisions also apply to all types of consumer transactions relating to the sale of goods.
Warranty Certificate: Manufacturers or importers are required to issue a Ministry-approved warranty certificate for the industrial goods they import or produce. The responsibility for completing and providing the consumer with the warranty certificate, including the date and number of the invoice relating to the goods, belongs to the seller, dealer, or agent. The warranty period begins from the date of delivery of the goods and is a minimum of two years. However, due to their particular nature, the warranty conditions for certain goods may be determined by the Ministry using a different unit of measure.
In the event that goods covered by a warranty certificate malfunction during the warranty period, the Seller is obligated to repair the goods without charging any fee under any name, such as labor costs or the price of replaced parts.
If the consumer has exercised their right to repair, they may exercise their optional rights in cases where the inability to use the goods due to recurring malfunctions during the warranty period becomes persistent, or where the maximum period required for repair is exceeded, or where it is determined that repair is not possible. The seller cannot refuse this request. If the consumer's request is not fulfilled, the seller, dealer, agent, manufacturer-producer, and importer are jointly and severally liable.
Malfunctions arising from the consumer's use of the goods contrary to the matters specified in the user manual are outside the scope of the provisions of the second and third paragraphs.
The Ministry is responsible for determining and announcing, after obtaining the opinion of the Turkish Standards Institute, which industrial goods must be sold with a warranty certificate and the maximum periods required for repairing malfunctions in these goods.
Warranty and Repair Period: The warranty period begins from the date the goods are delivered to the consumer and is at least two years and/or the value determined by the unit of measure in the attached list.
If the warranty period is determined by a different unit of measure, the goods must have a mechanism for determining this unit of measure, or their structure must be suitable for determining this value. Otherwise, the warranty period is deemed to be 2 years.
In the event the goods malfunction, the time spent on repair is added to the warranty period.
The repair period for the goods cannot exceed the maximum repair period announced in the regulation. This period begins from the date the malfunction is reported to the service station, or, if there is no service station, to one of the seller, dealer, agent, representative, importer, or manufacturer-producer of the goods. The consumer may report the malfunction by phone, fax, email, registered mail with return receipt, or similar means. However, in the event of a dispute, the burden of proof lies with the consumer.
ARTICLE 12 - DEFAULT PROVISIONS
In the event that the parties fail to fulfill their obligations arising from this agreement, the Default provisions set out in Articles 106-108 of the Code of Obligations shall apply. In cases of default, if either party fails to fulfill their obligations within the specified period without a justified reason, the other party will grant the defaulting party a 7-day period to fulfill said obligation. If the obligation is still not fulfilled within this period, the defaulting party shall be deemed in default, and the creditor party may request performance of the obligation and damages for delay, or may notify the other party that it waives these rights and request compensation for damages arising from non-performance, or may withdraw from the agreement. In the event of withdrawal from the agreement, the parties shall be mutually released from their performance obligations and may request the return of what they have already performed. In this case, the debtor is obligated to compensate the creditor for damages incurred due to the agreement becoming void, unless the debtor proves they are not at fault. The interest rate applicable in the event of default is the T.C. Central Bank (TCMB) overnight borrowing interest rate in effect on the date the debt arose.
If the Seller is unable to deliver the product subject to the agreement within the specified period due to force majeure or extraordinary events preventing shipment, such as adverse weather conditions, transportation disruptions, fire, earthquake, or flood, the Buyer may, in such cases, exercise either the right to cancel the order or to postpone the delivery period until the obstructing circumstance is resolved, it being understood that the Seller bears no liability in this regard. If the BUYER cancels the order, the amount paid will be refunded to them within 10 days. (For installment purchases made by credit card, the BUYER accepts the above procedure for refunds to the credit card.)
ARTICLE 12 - COMPETENT COURT
If consumers have problems with the Seller, and the Seller is unable to resolve the issue, they may apply, for complaints and objections concerning transactions up to 2,320.00 TL, to the Consumer Arbitration Committee in the place where they purchased the product or where they reside; for complaints and objections concerning transactions above 2,320.00 TL, they may apply to the Consumer Court in the place where they purchased the product or where they reside.
Pursuant to the Communiqué on the Increase of Monetary Limits set out in Article 68 of Consumer Protection Law No. 6502 and Article 6 of the Regulation on Consumer Arbitration Committees, the value limits for applications to be made to Consumer Arbitration Committees for the year 2021 are as follows:
a) District Consumer Arbitration Committees are authorized for disputes below 7,550 (seven thousand five hundred fifty) Turkish Lira,
b) Provincial Consumer Arbitration Committees are authorized for disputes between 7,550 (seven thousand five hundred fifty) Turkish Lira and 11,330 (eleven thousand three hundred thirty) Turkish Lira in provinces with metropolitan municipality status,
c) Provincial Consumer Arbitration Committees are authorized for disputes below 11,330 (eleven thousand three hundred thirty) Turkish Lira in the centers of provinces without metropolitan municipality status,
ç) Provincial Consumer Arbitration Committees are authorized for disputes between 7,550 (seven thousand five hundred fifty) Turkish Lira and 11,330 (eleven thousand three hundred thirty) Turkish Lira in districts of provinces without metropolitan municipality status.
The lower monetary limit for provincial arbitration committees operating in provinces with metropolitan municipality status to be authorized to handle disputes is 3,480.00 TL.
ARTICLE 13 - EVIDENTIARY AGREEMENT
In resolving any dispute that may arise from and/or in connection with the implementation of this Agreement, the SELLER's records (including records in magnetic media such as computer and voice recordings) shall constitute conclusive evidence.
ARTICLE 145 - EFFECTIVE DATE
This Agreement, consisting of 142(fourteen) articles, has been concluded and entered into force immediately upon being read by the Parties and approved electronically by the Buyer.
The BUYER acknowledges, declares, and undertakes that they have been informed by the SELLER, in a clear manner and in accordance with electronic media and Law No. 6502, of the SELLER's name, title, full address, phone number, and other contact information, the basic characteristics of the service subject to the Agreement, the sales price including taxes, the payment method, all preliminary information regarding the service being sold, and the exercise of the "right of withdrawal" and how to exercise this right, the official authorities to which complaints and objections may be submitted, and all rights and obligations arising from the agreement; that they have accurate and complete information on these matters; that they have confirmed this preliminary information electronically and subsequently placed the order; and that, by accepting the terms of the Agreement, they have become a party to it and have no objections whatsoever.
Preliminary Information Form on the Website and the BUYER
SELLER: Onur OĞUZ (Sole Proprietorship)
BUYER: [This information will vary depending on your order]
