CONSUMER RIGHTS – RIGHT OF WITHDRAWAL – CANCELLATION & RETURN CONDITIONS
GENERAL
When you place an order electronically via this website, you are deemed to have accepted the preliminary information form and the distance sales contract presented to you.
Buyers are subject to the provisions of Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188), and other applicable legislation in force with respect to the sale and delivery of the product they have purchased.
Shipping costs, which are the product shipment expenses, shall be borne by the Buyers.
Each purchased product shall be delivered to the person and/or organization at the address indicated by the Buyer within 30 days at the latest, without exceeding the statutory period. If the product is not delivered within this period, Buyers may terminate the contract.
The purchased product must be delivered in full, in conformity with the specifications stated in the order, and together with documents such as the warranty certificate and user manual, if any.
If it becomes impossible to sell the purchased product, the Seller must notify the Buyer of this situation in writing within 3 days from the date of learning of it. The total amount must be refunded to the Buyer within 14 days.
IF THE PURCHASE PRICE IS NOT PAID
If the Buyer does not pay the price of the product purchased or if the payment is canceled in the bank records, the Seller’s obligation to deliver the product ceases.
PURCHASES MADE WITH UNAUTHORIZED USE OF CREDIT CARD
If, after the delivery of the product, it is determined that the credit card used for payment has been unfairly used by unauthorized persons and the price of the sold product 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 shipping costs to be borne by the Seller.
IF THE PRODUCT CANNOT BE DELIVERED ON TIME DUE TO UNFORESEEN CIRCUMSTANCES
If force majeure events that the Seller cannot foresee arise and the product cannot be delivered on time, the Buyer shall be informed of the situation. 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 has paid by cash, the amount shall be refunded in cash within 14 days from the date of cancellation. If the Buyer has paid by credit card and cancels the order, the price of the product shall be refunded to the bank within 14 days from the date of cancellation; however, it is possible that the bank may reflect the amount into the Buyer’s account within 2–3 weeks.
BUYER’S OBLIGATION TO INSPECT THE PRODUCT
The Buyer shall inspect the good/service subject to the contract before taking delivery; the Buyer shall not accept from the shipping company any damaged or defective good/service such as those that are crushed, broken, or with torn packaging. The good/service that is received shall be deemed to be undamaged and sound.
After delivery, the Buyer is obliged to carefully protect the good/service. If the right of withdrawal is to be exercised, the good/service must not be used. The invoice must be returned together with the product.
RIGHT OF WITHDRAWAL
The Buyer has the right to withdraw from the contract within 14 (fourteen) days without giving any reason.
Pursuant to Article 15 of the Regulation on Distance Contracts, in ring orders, since the ring size is prepared specifically for the individual, there is no statutory right of withdrawal (cancellation and return) under the legal conditions. However, as a special practice of www.eysell.com, cancellations and returns for ring orders are processed with a 5% deduction.
However, for wedding bands that have an engraving on the inside, no right of withdrawal applies.
The withdrawal period starts on the day the contract is concluded for service contracts and on the day the consumer or a third party designated by the consumer receives the product for contracts concerning the delivery of goods. However, the consumer may also exercise the right of withdrawal between the conclusion of the contract and the delivery of the goods.
In the event that the right of withdrawal is exercised, for returns made via a carrier company other than the carrier specified in this contract, delivery costs shall be borne by the Buyer.
SELLER’S CONTACT DETAILS FOR NOTIFICATION OF THE RIGHT OF WITHDRAWAL
COMPANY NAME/TITLE: EYSELL JEWELLERY
ADDRESS: BARBAROS CADDESİ 6. SOKAK NO:3 ALTINOLUK/EDREMİT/BALIKESİR
E-MAIL: [email protected]
TEL: +90 506 946 53 42
FAX: +90 537 957 29 84
PERIOD FOR EXERCISING THE RIGHT OF WITHDRAWAL
If the Buyer has purchased a service, this 14-day period starts from the date the contract is signed. In service contracts where the performance of the service has begun with the consumer’s approval before the expiry of the withdrawal period, the right of withdrawal cannot be exercised.
The costs arising from the exercise of the right of withdrawal belong to the Seller.
In order to exercise the right of withdrawal, written notification must be made to the Seller by registered mail with return receipt, fax, or e-mail within 14 (fourteen) days, and the product must not have been used within the framework of the provisions of this contract under the heading “Products for Which the Right of Withdrawal Cannot Be Exercised.”
EXERCISE OF THE RIGHT OF WITHDRAWAL
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The invoice of the product delivered to the third party or to the Buyer must be returned. (If the invoice of the product to be returned has been issued to a legal entity, it must be returned together with the return invoice issued by that legal entity. Returns of orders invoiced in the name of companies cannot be completed unless a RETURN INVOICE is issued.)
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The return form must be included.
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The products to be returned must be delivered complete and undamaged together with their box, packaging and, if any, standard accessories.
RETURN CONDITIONS
The Seller is obliged to refund the total price and to return any documents that put the Buyer under debt to the Buyer within 10 days at the latest as of the date the withdrawal notice reaches the Seller, and to accept the goods back within 20 days.
If a decrease in the value of the goods occurs due to a fault of the Buyer or if the return becomes impossible, the Buyer is obliged to compensate the Seller’s damages in proportion to the Buyer’s fault. However, the Buyer shall not be held liable for changes and deteriorations in the goods or product caused by proper use of the goods or product in accordance with its nature within the withdrawal period.
If, due to the exercise of the right of withdrawal, the amount falls below the campaign limit amount set by the Seller, the discount amount benefited from within the scope of the campaign shall be canceled.
PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Products prepared in line with the Buyer’s requests or expressly in accordance with personal needs, products which are not suitable for return, lower parts of underwear, swimsuit and bikini bottoms, cosmetic products, disposable products, goods that are perishable or may soon expire, products whose packaging has been opened by the Buyer after delivery and which are not suitable for return due to health and hygiene reasons, products that are mixed with other products after delivery and cannot be separated by their nature, goods related to periodicals such as newspapers and magazines other than those provided under subscription agreements, services performed instantly in electronic environment, or intangible goods delivered instantly to the consumer, and sound or image recordings, books, digital content, software programs, data recording and data storage devices, and computer consumables whose packaging has been opened by the Buyer after delivery cannot be returned pursuant to the Regulation.
In addition, it is not possible to exercise the right of withdrawal in relation to services whose performance has begun with the consumer’s approval before the expiry of the withdrawal period, pursuant to the Regulation.
Cosmetic and personal care products, underwear products, swimsuits, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) can only be returned if their packaging is unopened, untested, undamaged and unused.
DEFAULT AND LEGAL CONSEQUENCES
In the event that the Buyer falls into default when performing payment transactions by credit card, the Buyer accepts, declares and undertakes that the Buyer shall pay interest within the framework of the credit card agreement between the Buyer and the relevant bank and shall be liable to the bank. In this case, the relevant bank may apply for legal remedies, demand the costs and attorney’s fees from the Buyer, and in any event, if the Buyer falls into default due to the Buyer’s debt, the Buyer accepts, declares and undertakes to compensate the Seller’s damages and losses arising from the delayed performance of the debt.
PAYMENT AND DELIVERY
You can make a Bank Transfer or EFT (Electronic Funds Transfer) to any of our TL accounts at YAPI VE KREDİ Bankası, IBAN:
TR95 0006 7010 0000 0090 8078 48
Via our website, you can make a single payment online or benefit from online installment options with your credit cards. In your online payments, the amount will be charged to your credit card at the end of your order process.