Confidentiality Agreement
Preliminary Information Agreement
ARTICLE 1- PARTIES
1.1- SELLER:
Title:
Address:
Phone:
Fax:
E-mail:
1.2- BUYER:
Name/Surname/Title:
Address:
Phone:
E-mail:
ARTICLE 2- SUBJECT
The subject of this agreement is the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on the Principles and Procedures for the Application of Distance Contracts, regarding the sale and delivery of the product, the qualities and sales price of which are stated below, ordered by the BUYER electronically from the internet site belonging to the SELLER.
ARTICLE 3- PRODUCT SUBJECT TO THE AGREEMENT
Date:
Product Name Quantity Total Product Amount
The type, quantity, brand/model, color, and sales price of the products are as stated above.
Payment method:
Delivery address:
with Total
ARTICLE 4- GENERAL PROVISIONS
4.1- The BUYER declares that they have read and understood the preliminary information regarding the basic features, sales price, payment method, and delivery of the product subject to the agreement on the internet site, and that they have given the necessary confirmation electronically.
4.2- The product subject to the agreement is delivered to the BUYER or to the person/organization at the address indicated by the BUYER within the period explained in the preliminary information on the internet site, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal 3-day period for each product.
4.3- If the product subject to the agreement is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
4.4- The SELLER is responsible for delivering the product subject to the agreement in a sound, complete condition, in accordance with the specifications stated in the order, and with any warranty certificates and user manuals, if any.
4.5- For the delivery of the product subject to the agreement, it is a condition that the signed copy of this agreement is delivered to the SELLER and that the price has been paid by the BUYER using the preferred payment method. If for any reason the product price is not paid or is canceled in the bank records, the SELLER is deemed to have been released from the obligation to deliver the product.
4.6- If, after the delivery of the product, the credit card belonging to the BUYER is used unfairly or unlawfully by unauthorized persons due to no fault of the BUYER, and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER must send the product to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs shall be borne by the BUYER.
4.7- If the SELLER cannot deliver the product subject to the agreement within the due period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, or interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER may choose one of the rights to cancel the order, replace the product subject to the agreement with an equivalent if available, and/or postpone the delivery period until the impediment is removed. If the BUYER cancels the order, the amount paid will be returned to them in cash and in full within 10 days.
4.8- Products, whether or not sold with a warranty certificate, that are faulty or defective, can be sent to the SELLER for necessary repairs within the warranty conditions. In this case, the shipping costs will be covered by the SELLER.
ARTICLE 5- RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within 7 days from the delivery of the product subject to the agreement to them or to the person/organization at the address indicated by them. To exercise the right of withdrawal, notification must be made to the SELLER by fax, email, or telephone within this period, and the product must not have been used within the framework of the provisions of Article 6. In case this right is exercised, it is obligatory to return the original invoice along with a copy of the cargo delivery record indicating that the product delivered to the third party or the BUYER has been sent to the SELLER. The product price will be refunded to the BUYER within 7 days following the receipt of these documents. If the original invoice is not sent, VAT and any other legal obligations, if any, cannot be refunded. The shipping cost of the product returned due to the right of withdrawal shall be borne by the SELLER.
ARTICLE 6- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The right of withdrawal cannot be exercised for products that are not suitable for return by nature, single-use products, copyable software and programs, products that deteriorate quickly, or products whose expiration date has passed. For the following products, the exercise of the right of withdrawal is subject to the condition that the product's packaging has not been opened, damaged, and the product has not been used.
-Portable Computer (Will not be accepted for return after the original operating system is installed.)
-All kinds of software and programs
-DVD, VCD, CD, and cassettes
-Computer and stationery consumables (toner, cartridge, ribbon, etc.)
-All kinds of cosmetic products
-Phone credit orders
ARTICLE 7- AUTHORIZED COURT
In the application of this agreement, Consumer Arbitration Committees up to the value declared by the Ministry of Industry and Trade, and Consumer Courts in the place of residence of the BUYER or the SELLER are authorized.
In case the order is placed, the BUYER is deemed to have accepted all the terms of this agreement.
SELLER
BUYER
Distance Sales Agreement
ARTICLE 1- PARTIES
1.1- SELLER:
Title:
Address:
Phone:
Fax:
E-mail:
1.2- BUYER:
Name/Surname/Title:
Address:
Phone:
E-mail:
ARTICLE 2- SUBJECT
The subject of this agreement is the determination of the rights and obligations of the parties in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on the Principles and Procedures for the Application of Distance Contracts, regarding the sale and delivery of the product, the qualities and sales price of which are stated below, ordered by the BUYER electronically from the internet site belonging to the SELLER.
ARTICLE 3- PRODUCT SUBJECT TO THE AGREEMENT
Date:
|
Product Name
|
Quantity
|
Total Product Amount
|
The type, quantity, brand/model, color, and sales price of the products are as stated above.
Payment method:
Delivery address:
Total
ARTICLE 4- GENERAL PROVISIONS
4.1- The BUYER declares that they have read and understood the preliminary information regarding the basic features, sales price, payment method, and delivery of the product subject to the agreement on the internet site, and that they have given the necessary confirmation electronically.
4.2- The product subject to the agreement is delivered to the BUYER or to the person/organization at the address indicated by the BUYER within the period explained in the preliminary information on the internet site, depending on the distance of the BUYER's place of residence, provided that it does not exceed the legal 3-day period for each product.
4.3- If the product subject to the agreement is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.
4.4- The SELLER is responsible for delivering the product subject to the agreement in a sound, complete condition, in accordance with the specifications stated in the order, and with any warranty certificates and user manuals, if any.
4.5- For the delivery of the product subject to the agreement, it is a condition that the signed copy of this agreement is delivered to the SELLER and that the price has been paid by the BUYER using the preferred payment method. If for any reason the product price is not paid or is canceled in the bank records, the SELLER is deemed to have been released from the obligation to deliver the product.
4.6- If, after the delivery of the product, the credit card belonging to the BUYER is used unfairly or unlawfully by unauthorized persons due to no fault of the BUYER, and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER must send the product to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs shall be borne by the BUYER.
4.7- If the SELLER cannot deliver the product subject to the agreement within the due period due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, or interruption of transportation, the SELLER is obliged to notify the BUYER of the situation. In this case, the BUYER may choose one of the rights to cancel the order, replace the product subject to the agreement with an equivalent if available, and/or postpone the delivery period until the impediment is removed. If the BUYER cancels the order, the amount paid will be returned to them in cash and in full within 10 days.
4.8- Products, whether or not sold with a warranty certificate, that are faulty or defective, can be sent to the SELLER for necessary repairs within the warranty conditions. In this case, the shipping costs will be covered by the SELLER.
ARTICLE 5- RIGHT OF WITHDRAWAL
The BUYER has the right of withdrawal within 7 days from the delivery of the product subject to the agreement to them or to the person/organization at the address indicated by them. To exercise the right of withdrawal, notification must be made to the SELLER by fax, email, or telephone within this period, and the product must not have been used within the framework of the provisions of Article 6. In case this right is exercised, it is obligatory to return the original invoice along with a copy of the cargo delivery record indicating that the product delivered to the third party or the BUYER has been sent to the SELLER. The product price will be refunded to the BUYER within 7 days following the receipt of these documents. If the original invoice is not sent, VAT and any other legal obligations, if any, cannot be refunded. The shipping cost of the product returned due to the right of withdrawal shall be borne by the SELLER.
ARTICLE 6- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The right of withdrawal cannot be exercised for products that are not suitable for return by nature, single-use products, copyable software and programs, products that deteriorate quickly, or products whose expiration date has passed. For the following products, the exercise of the right of withdrawal is subject to the condition that the product's packaging has not been opened, damaged, and the product has not been used.
-Portable Computer (Will not be accepted for return after the original operating system is installed.)
-All kinds of software and programs
-DVD, VCD, CD, and cassettes
-Computer and stationery consumables (toner, cartridge, ribbon, etc.)
-All kinds of cosmetic products
-Phone credit orders
ARTICLE 7- AUTHORIZED COURT
In the application of this agreement, Consumer Arbitration Committees up to the value declared by the Ministry of Industry and Trade, and Consumer Courts in the place of residence of the BUYER or the SELLER are authorized.
In case the order is placed, the BUYER is deemed to have accepted all the terms of this agreement.
SELLER
BUYER
Information on the Protection of Personal Data;
As SENNA DİZAYN, we attach great importance to the processing and preservation of your personal data in accordance with the Personal Data Protection Law No. 6698 ("Law"). We would like to inform our customers about our purpose and methods of collecting, processing, and transferring personal data, and your rights arising from the Law.
1. Methods of collecting personal data
As SENNA DİZAYN, in our capacity as data controller, within the framework of our legal obligations arising from the legislation; we collect your personal data verbally, in writing, or electronically through verbal means, internet site, social media channels, mobile applications and similar means, for purposes such as enabling you to benefit from our brands' services, informing you about our campaigns with your consent, recording your suggestions and complaints, establishing better service standards for you, determining and implementing SENNA DİZAYN's commercial and business strategies.
2. Processing and purposes of processing personal data
As SENNA DİZAYN, in our capacity as data controller, your personal and/or special category personal data obtained with your consent through our call centers, written communication channels, social media pages, mobile communication channels, in-store communication channels and/or, without being limited to these, all kinds of channels; may be wholly or partially obtained, recorded, stored, preserved, altered, updated, periodically checked, re-arranged, classified, kept for the period required for the purpose for which they are processed or stipulated in the relevant law, shared/transferred with private-legal persons with whom SENNA DİZAYN works, or with public institutions and organizations to which it is legally obliged, and/or with relevant third party real persons/legal persons residing in Turkey or abroad, and may be transferred abroad in cases of legal or service-related actual necessities.
We would like to inform you that SENNA DİZAYN may process your personal data for purposes such as enabling our customers to benefit from our brands' services, informing you about our campaigns with your consent, recording your suggestions and complaints, establishing better service standards for you, determining and implementing SENNA DİZAYN's commercial and business strategies, and in any case in accordance with the Personal Data Protection Law No. 6698 and relevant legislation.
3. Transfer of Personal Data
SENNA DİZAYN may share your personal data only; based on your explicit consent or within the framework of security and confidentiality principles specified in the Law, provided that adequate precautions are taken within the country and, provided that necessary security measures are taken, abroad, for the purpose of carrying out Company activities, establishing business relations between data subjects and our customers and/or conducting negotiations for this purpose, offering services, opportunities, and increasing service quality; with our group companies, business partners, customers we have agreements with and provide services to due to our activities, suppliers, audit companies or public institutions or organizations authorized to request such data due to a legal obligation, and other relevant authorities, without being limited to these.
4. Rights of the Personal Data Owner Listed in Article 11 of the KVK Law ("Law")
SENNA DİZAYN will respond to the following requests of the data subjects:
a) Learning whether SENNA DİZAYN processes their personal data and what personal data it processes,
b) Obtaining information about the purposes of the processing activity,
c) Knowing the third parties to whom SENNA DİZAYN transfers personal data domestically or abroad,
d) Requesting the correction of personal data if it is incomplete or incorrectly processed,
e) Requesting the deletion or destruction of personal data in accordance with the Law,
f) Requesting that the transactions made be notified to third parties to whom personal data has been transferred in case of correction, deletion, or destruction of personal data,
g) Objecting to the emergence of a result against the person by analyzing the processed data exclusively through automated systems, and
h) Receiving a copy of their personal data.
You can contact us with your comments and questions.
Title: SENNA DİZAYN
Phone: 0534 624 44 44
Mersis No: -
Tax Office: Şişli
Tax Number: 7610534399
Address: Merkez Mah. Birahane sokak no:24/ A Şişli / İstanbul
Email: buse.akkilic@sennadesign.com
Privacy and Security
SENNA DİZAYN Online Shop requests some personal information (name, age, interests, e-mail, etc.) from you in order to provide better service to its customers. This information collected on SENNA DİZAYN Online Shop servers is used only within SENNA DİZAYN Online Shop for periodic campaign studies, designing special promotional activities for customer profiles, and customer "classification" studies to prevent unwanted e-mails. SENNA DİZAYN Online Shop absolutely does not share the information collected from membership forms with third parties without the knowledge or contrary instruction of the relevant member, does not use it for commercial purposes for any reason outside its activities, and does not sell it.
Customer information can only be disclosed to official authorities if these information are requested by official authorities and in cases where it is obliged to disclose to official authorities in accordance with the provisions of the current mandatory legislation.
Only the customer can access all the information entered into the system, and only the customer can change this information. It is not possible for anyone else to access and change this information. Your credit card information requested on the payment page is never kept on the servers of SENNA DİZAYN Online Shop or the companies providing services to it, in order to keep the security of our valued customers shopping from the site at the highest level. In this way, all payment-related transactions are carried out between the bank and your computer through the SENNA DİZAYN Online Shop interface.
Use of Cookies
Cookies are small text files or information saved on your computer or mobile device (such as a smartphone or tablet) when you visit our site.
We use cookies to make our Sites easier to use and to customize them to your interests and needs. Websites can read and write these cookie files, which allows them to recognize you and remember important information about you (such as remembering your preference settings) in order to provide you with a more suitable website.
Cookies also help to speed up your future activities on our Sites. In addition, we may also use cookies to collect statistical information about the use of our Sites to understand how visitors use our Sites and to improve the design and usability of our Sites.
SENNA DİZAYN
Address: Merkez Mah. Birahane sokak no:24/ A Şişli / İstanbul
Phone: 0534 624 44 44
MEMBERSHIP AGREEMENT
Please read the agreement below carefully before becoming a member of our site.
1. Parties
a) A.Ş. residing at Merkez Mh. Birahane Sk. No:24/A Şişli İstanbul, which carries out the activities of the website www.sennadesign.com (hereinafter referred to as "....").
b) Internet user ("Member") who is a member of the www.sennadesign.com website
2. Subject of the Agreement
The subject of this Agreement is to determine the conditions for the member to benefit from ....'s website www.sennadesign.com.
3. Rights and Obligations of the Parties
3.1. The Member declares and undertakes that the personal and other information provided while becoming a member of the www.sennadesign.com website is accurate under the laws, and that .... will immediately compensate for all damages incurred due to the inaccuracy of this information.
3.2. The Member cannot give the password given to him/her by .... to other persons or organizations, the right to use the said password belongs exclusively to the Member. For this reason, .... reserves the right to claim any compensation and other demands arising from such unauthorized use against all claims and demands that may be put forward by third parties or authorized authorities against ....
3.3. The Member accepts and undertakes to comply with the provisions of legal regulations and not to violate them while using the www.sennadesign.com website. Otherwise, all legal and criminal liabilities that may arise will be binding solely and exclusively on the member.
3.4. The Member cannot use the www.sennadesign.com website in any way that disrupts public order, is contrary to general morality, disturbs and harasses others, for an illegal purpose, or infringes on the intellectual and copyright rights of others. In addition, the member cannot engage in activities (spam, virus, Trojan horse, etc.) and actions that prevent or make it difficult for others to use the services.
3.5. The ideas and thoughts declared, written, and used by the members on the www.sennadesign.com website are entirely their own personal views and bind the owner of the view. These views and thoughts have no relation or connection with .... . .... has no responsibility for damages that third parties may suffer due to the ideas and views declared by the member, and for damages that the member may suffer due to the ideas and views declared by third parties.
3.6. .... will not be responsible for unauthorized reading of member data by unauthorized persons and for damages that may occur to member software and data. The Member has accepted in advance not to demand compensation from .... for any damage that he/she may suffer due to the use of the www......com website.
3.7. The Member has accepted not to access or use the software and data of other internet users without permission. Otherwise, the legal and criminal responsibilities arising from this belong entirely to the member.
3.8. The member who violates one or more of the articles listed in this membership agreement will be personally responsible criminally and legally due to this violation, and will keep .... free from the legal and criminal consequences of these violations. In addition; in case this violation is brought to the legal field, .... reserves the right to demand compensation from the member due to non-compliance with the membership agreement.
3.9. .... always reserves the right to unilaterally delete the member's membership, files, documents and information belonging to the customer when necessary. The Member accepts this disposition in advance. In this case, .... has no responsibility.
3.10. The software and design of the www.sennadesign.com website are owned by .... , and the copyright and/or other intellectual property rights related to them are protected by relevant laws, and they cannot be used, acquired, or changed by the member without permission. Other companies and products mentioned on this website are trademarks of their owners and are also protected within the scope of intellectual property rights.
3.11. In order to improve and develop the www.sennadesign.com website by .... and/or within the framework of legal regulations, some information such as the name of the Internet service provider and the Internet Protocol (IP) address used to access the site, the date and time of access to the site, the pages accessed while on the site and the Internet address of the website that provides direct connection to the site may be collected.
3.12. .... may disclose the member's personal information when legally required or when it believes in good faith that it is necessary to (a) act in accordance with legal requirements or comply with legal processes served on ....; (b) protect and defend the rights and property of .... and the .... website family.
3.13. .... has taken precautions within its current capabilities to ensure that the website is free from viruses and similar malicious software. In addition, for the ultimate security, the user must provide his/her own virus protection system and ensure the necessary protection. In this context, the member is deemed to have accepted that he/she is responsible for all errors that may occur in his/her own software and operating systems and their direct or indirect consequences by entering the .... website.
3.14. .... reserves the right to change the content of the site at any time, to change or terminate any service provided to users, or to delete user information and data registered on the .... website.
3.15. .... may change, update or cancel the terms of the membership agreement at any time without any prior notice and/or warning. Each provision that is changed, updated or repealed will take effect for all members on the date of publication.
3.16. The parties accept and declare that all computer records belonging to .... will be taken as the sole and genuine exclusive evidence, in accordance with Article 287 of HUMK, and that the said records constitute an evidence agreement.
3.17. In accordance with this membership agreement, .... has the authority to send informational e-mails to the registered e-mail addresses of its members and informational SMS messages to their mobile phones, and by approving this membership agreement, the member will be deemed to have accepted the sending of informational e-mails to his/her e-mail address and informational SMS messages to his/her mobile phone.
4. Termination of the Agreement
This agreement will remain in force until the member cancels his/her membership or until his/her membership is canceled by .... . .... may unilaterally terminate the agreement by canceling the member's membership if the member violates any provision of the membership agreement.
5. Resolution of Disputes
Istanbul Courts and Enforcement Offices are authorized in disputes related to this agreement.
6. Effectiveness
The member's registration as a member means that the member has read all the articles in the membership agreement and accepted the articles in the membership agreement. This Agreement was concluded and entered into force mutually at the moment the member became a member.
Sample Right of Withdrawal
Pursuant to the Law on Consumer Protection No. 6502 ("Law"), buyers have the right to return products within 14 days from the delivery date without showing any reason and "without paying shipping fees" by exercising their right of withdrawal.
1. Consumer's Right of Withdrawal in Installment Sales Contracts;
The provisions regarding installment sales contracts are regulated in Article 17 of the Law, and the right of withdrawal is regulated in Article 18.
The Regulation on Installment Sales Contracts was published in the Official Gazette dated 14.01.2015.
Accordingly;
Right of withdrawal
(1) The consumer has the right to withdraw from an installment sales contract within seven days without giving any reason and without paying any penalty.
(2) The withdrawal period begins on the day the contract is concluded for contracts regarding the performance of services; and on the day the consumer or a third party designated by the consumer receives the goods for contracts regarding the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period from the conclusion of the contract until the delivery of the goods.
(3) In contracts where the delivery of goods and the performance of services are carried out together, the provisions regarding the right of withdrawal for the delivery of goods shall apply.
(4) It is sufficient that the notification of the exercise of the right of withdrawal is sent to the seller or provider in writing or via a permanent data storage device within the withdrawal period. The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal.
(5) If the seller has delivered the goods to the consumer within the withdrawal period, the consumer may only use the goods to the extent required by an ordinary inspection. Ordinary inspection includes the initial examination of the goods. If the goods are used habitually, the consumer cannot exercise the right of withdrawal.
(6) In service contracts where the performance of the service has started with the consumer's consent before the expiration of the withdrawal period, the consumer cannot exercise the right of withdrawal.
(7) The right of withdrawal cannot be exercised in financial leasing transactions where the consumer found the seller.
(8) The provisions regarding the right of withdrawal in favor of the consumer in other contracts regulated by the Law are reserved.
Consequences of exercising the right of withdrawal
(1) In the event that the consumer exercises his right of withdrawal, the seller or provider is obliged to return the amount received and all documents that put the consumer under debt, including any delivery costs, within seven days from the date the withdrawal notification reaches him, without imposing any cost on the consumer.
(2) The consumer who exercises the right of withdrawal is obliged to return the goods subject to the contract to the seller within seven days from the date he exercised the right of withdrawal. Otherwise, the consumer is deemed not to have exercised the right of withdrawal.
(3) In case of exercising the right of withdrawal, the consumer must bear the return costs of the goods.
2. Consumer's Right of Withdrawal in Distance Contracts,
The provisions regarding Distance Contracts are explained in Article 48 of the Law.
Distance contracts, like contracts made outside the workplace, involve some risks for the consumer. While the determining feature in contracts made outside the workplace is the physical encounter of the parties outside the usual contract-making venues such as a store, the determining feature in distance contracts is that the parties never meet. The consumer who concludes the contract through means such as telephone, internet, or mail from home does not even see the face of the seller or provider. Indeed, the problem in such contracts is generally that the sales contract is concluded without much thought, without sufficient information about the details of the contract and the performance, without comparing with the contract conditions for the same type of goods or services offered in the market, and without ever seeing the goods. Therefore, in these cases, in order to eliminate the lack of information, it seems appropriate to inform the consumer about the contract and the performance and to grant him a right of withdrawal, in compliance with Directive 2011/83/EU of the European Parliament and of the Council on Consumer Rights dated 25/10/2011.
The Distance Contracts Regulation was published in the Official Gazette dated 27.11.2015.
According to this regulation, the Use of the Consumer's Right of Withdrawal and the Obligations of the Parties are determined as follows.
Right of withdrawal
(1) The consumer has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty.
(2) The withdrawal period begins on the day the contract is concluded for contracts regarding the performance of services; and on the day the consumer or a third party designated by the consumer receives the goods for contracts regarding the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period from the conclusion of the contract until the delivery of the goods.
(3) In determining the withdrawal period;
a) In the case of goods subject to a single order but delivered separately, the day on which the consumer or a third party designated by the consumer receives the last good,
b) In the case of goods consisting of more than one part, the day on which the consumer or a third party designated by the consumer receives the last part,
c) In contracts for the regular delivery of goods over a certain period, the day on which the consumer or a third party designated by the consumer receives the first good
is taken as a basis.
(4) The delivery of the goods by the seller to the carrier is not considered as delivery to the consumer.
(5) In contracts where the delivery of goods and the performance of services are carried out together, the provisions regarding the right of withdrawal for the delivery of goods shall apply.
Incomplete information
(1) The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal. If the consumer is not properly informed about the right of withdrawal, he is not bound by the fourteen-day period to exercise the right of withdrawal. This period shall in any case expire one year after the date on which the withdrawal period ends.
(2) If the consumer is properly informed about the right of withdrawal within the one-year period, the fourteen-day withdrawal period begins to run from the day this information is properly provided.
Exercising the right of withdrawal
(1) It is sufficient that the notification of the exercise of the right of withdrawal is sent to the seller or provider in writing or via a permanent data storage device before the expiration of the withdrawal period.
(2) When exercising the right of withdrawal, the consumer may use the form in the ANNEX or make an explicit statement of withdrawal. The seller or provider may also offer an option on the website for the consumer to fill out this form or send the withdrawal statement. In cases where the right of withdrawal is offered to consumers via the website, the seller or provider must immediately send a confirmation to the consumer that the withdrawal requests submitted by the consumers have reached them.
(3) In sales made through voice communication, the seller or provider must send the form in the ANNEX to the consumer at the latest by the delivery of the goods or the performance of the service. The consumer may use this form to exercise the right of withdrawal in such sales, as well as the methods in the second paragraph.
(4) The burden of proof regarding the exercise of the right of withdrawal in this article belongs to the consumer.
Obligations of the seller or provider
(1) The seller or provider is obliged to return all payments collected, including the delivery costs of the goods to the consumer, if any, within fourteen days from the date on which the notification that the consumer has exercised the right of withdrawal reaches him.
(2) The seller or provider must make all refunds specified in the first paragraph in a single payment, in a manner appropriate to the payment instrument used by the consumer when purchasing, and without imposing any cost or obligation on the consumer.
(3) When exercising the right of withdrawal, the consumer cannot be held responsible for the return costs if the goods are returned via the carrier specified by the seller for return, within the scope of subparagraph (g) of the first paragraph of Article 5. If the seller does not specify any carrier for return in the preliminary information, no fee for return costs can be demanded from the consumer. If the carrier specified in the preliminary information for return does not have a branch in the consumer's location, the seller is obliged to ensure that the goods to be returned are collected from the consumer without demanding any additional costs.
Consumer's obligations
(1) Unless the seller or provider makes an offer to take back the goods himself, the consumer must return the goods to the seller or provider or to the person authorized by him within ten days from the date on which he sends the notification that he has exercised the right of withdrawal.
(2) The consumer is not responsible for changes and deteriorations that occur if he uses the goods in accordance with their operation, technical specifications, and usage instructions within the withdrawal period.
Effect of exercising the right of withdrawal on ancillary contracts
(1) Without prejudice to the provisions of Article 30 of the Law, if the consumer exercises the right of withdrawal, the ancillary contracts shall also terminate automatically. In this case, the consumer is not obliged to pay any expenses, compensation or penalty, except for the cases specified in the second paragraph of Article 13.
(2) The seller or provider must immediately inform the third party who is a party to the ancillary contract that the consumer has exercised the right of withdrawal.
Exceptions to the right of withdrawal
(1) Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts:
a) Contracts relating to goods or services whose price fluctuates depending on fluctuations in financial markets and is beyond the control of the seller or provider.
b) Contracts for goods prepared in accordance with the consumer's wishes or personal needs.
c) Contracts for the delivery of goods that are perishable or whose expiration date may pass.
d) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; and whose return is not suitable for health and hygiene reasons.
e) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
f) Contracts for the delivery of periodicals such as newspapers and magazines, except for those provided under a subscription agreement.
g) Contracts for accommodation, goods transportation, car rental, food and beverage supply, and leisure activities for entertainment or recreation that must be made on a specific date or period.
ğ) Contracts for services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts for services whose performance has begun with the consumer's consent before the expiration of the right of withdrawal period.
