Tinkwyz Delivery and Return Terms

**DISTANCE SALES WITHDRAWAL – RETURN AND DELIVERY INFORMATION TEXT**
 
**What is the right of withdrawal and how is it used?**
 
According to Article 48 of the Consumer Protection Law No. 6502:
 
The seller or provider fulfills the consumer's order within the promised time from the moment the order is received. For sales of goods, this period cannot exceed thirty days in any case. If the seller or provider does not fulfill the order within this period, the consumer may terminate the contract.
 
The consumer has the right to withdraw from the contract within fourteen days without any reason and without paying any penalty. It is sufficient for the notification of the exercise of the right of withdrawal to be directed to the seller or provider within this period. The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal. If the consumer is not properly informed about the right of withdrawal, the fourteen-day period does not apply to exercise the right of withdrawal. In any case, this period ends one year after the end of the withdrawal period. The consumer is not responsible for changes and deteriorations caused by the normal use of the goods within the withdrawal period.
 
Those who act as intermediaries in the establishment of a distance contract on behalf of the seller or provider through a system they have created, using or making use of remote communication tools, are obliged to keep records related to the transactions made with the seller or provider due to the matters specified in this article and to provide this information to the relevant institutions, organizations, and consumers upon request. However, those acting as intermediaries within the scope of this paragraph are responsible for their actions contrary to the contract made with the seller or provider.
 
According to the third paragraph of Article 9 of the Regulation on Distance Contracts, in determining the withdrawal period:
 
- For goods that are subject to a single order but delivered separately, the day the consumer or a third person designated by the consumer receives the last good,
- For goods consisting of multiple parts, the day the consumer or a third person designated by the consumer receives the last part,
- For contracts involving the regular delivery of goods for a certain period, the day the consumer or a third person designated by the consumer receives the first good,
is taken as a basis.
 
According to Article 13 of the same Regulation; the consumer must return the goods to the seller or provider or the person authorized by them within ten days from the date the notification of the exercise of the right of withdrawal is directed to the seller. The consumer is not responsible for changes and deteriorations caused by the proper use of the goods in accordance with their operation, technical specifications, and usage instructions within the withdrawal period.
 
**In which cases/products can the right of withdrawal not be used?**
 
According to Article 15 of the Regulation on Distance Contracts, the right of withdrawal cannot be used in the following contracts:
 
- Contracts for goods or services whose prices vary depending on fluctuations in financial markets and which are beyond the control of the seller or provider,
- Contracts for goods prepared according to the consumer's wishes or personal needs (e.g., clothes made to measure),
- Contracts for goods that may perish quickly or whose expiration date may pass,
- Contracts for goods that are unsuitable for return due to health and hygiene reasons if the packaging has been opened after delivery (e.g., hair accessories, bridal crowns, flower bouquets, veils, pouches, etc.),
- Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature,
- Contracts for books, digital content, and computer consumables delivered in a tangible medium if the packaging has been opened by the consumer,
- Contracts for the delivery of periodicals such as newspapers and magazines, except for subscription contracts,
- Contracts for accommodation, transportation of goods, car rental, supply of food and beverages, and contracts for the use of leisure time for entertainment or recreation purposes, which must be performed on a specific date or period,
- Contracts for services executed immediately in an electronic environment or for intangible goods delivered instantly to the consumer,
- Contracts for services that have begun with the consumer's approval before the end of the withdrawal period.
 
**Can the consumer be held responsible for the decrease in the value of the product due to usage if the right of withdrawal is exercised?**
 
The buyer must inspect the goods/services subject to the contract before taking delivery; they must not accept damaged and defective goods/services such as crushed, broken, torn packaging from the courier company. It will be deemed that the goods/services were undamaged and intact upon delivery. The buyer must carefully protect the goods/services after delivery. If the right of withdrawal is to be used, the goods/services must not be used. The invoice must also be returned with the product.
 
If the value of the goods decreases or the return becomes impossible due to a fault of the buyer, the buyer is obliged to compensate the damages of the seller in proportion to the fault (e.g., loss of stones on wedding dresses and evening dresses, unraveling of lace embroideries, etc.). However, the buyer is not responsible for changes and deteriorations caused by the proper use of the goods or products in accordance with the rules within the withdrawal period.
 
If the campaign limit amount set by the seller is exceeded due to the exercise of the right of withdrawal, the discount amount used within the campaign is canceled.
 
**Who is responsible for the return shipping fee in the process of exercising the right of withdrawal?**
 
In the use of the right of withdrawal, if the buyer has not chosen a carrier other than the one specified by the seller and if the goods are returned through the carrier specified by the seller for the return, the consumer cannot be held responsible for the return costs. If the seller has not specified any carrier for the return in the preliminary information, no cost related to the return can be charged to the consumer. If the specified carrier does not have a branch at the location of the consumer, the seller is obliged to ensure that the goods to be returned are collected from the consumer without any additional cost.
 
According to the General Communiqué on Tax Procedure Law, in order to carry out return transactions, the return sections on the invoice sent to the buyer must be completely filled out and returned with the product/products after being signed.
 
**How is the refund made upon the exercise of the right of withdrawal?**
 
The seller or provider is obliged to refund all payments collected from the buyer, including the delivery costs if any, within fourteen days from the date the notification of the exercise of the right of withdrawal is received.
 
**What is the delivery time of the product ordered through the platform?**
 
The seller or provider fulfills the consumer's order within the promised time from the moment the order is received. For sales of goods, this period cannot exceed thirty days in any case. If the seller or provider does not fulfill the order within this period, the consumer may terminate the contract.
 
**What are the rights and responsibilities of the buyer and seller if the product cannot be delivered on time due to unforeseen reasons?**
 
If unforeseeable reasons arise and the product cannot be delivered on time, the situation will be notified to the buyer. The buyer may request the cancellation of the order, the replacement of the product with a similar one, or the postponement of the delivery until the obstacle is removed. If the buyer cancels the order; if the payment was made in cash, the fee will be refunded to them in cash within 14 days of the cancellation. If the buyer made the payment by credit card and cancels, the product amount will be refunded to the bank within 14 days of the cancellation, but it is likely that the bank will transfer it to the buyer's account within 2-3 weeks.
 
**How will the buyer use the right of withdrawal?**
 
The product to be returned, along with the invoice delivered to the buyer, (if the invoice for the product to be returned is issued to a company, the return must be accompanied by the return invoice issued by the company) must be sent. Returns of orders issued to companies cannot be completed without a return invoice.
 
The return form and the products to be returned must be delivered complete and undamaged, including their box, packaging, and any standard accessories.
 
To exercise the right of withdrawal, a written notification must be sent to the seller within the 14 (fourteen) day period by registered mail with return receipt, fax, or email, and the product must not be used in accordance with the terms set out in this contract under "Products for which the right of withdrawal cannot be exercised."
 
**What is the responsibility of the seller if there is a return request?**
 
The seller must refund the total amount and return all documents that place the buyer under obligation within 14 business days from the receipt of the withdrawal notification and the product, and may reclaim the product within 14 business days, or determine that the product is not eligible for withdrawal and notify the buyer in writing, including the reason, via SMS and email. In this case, the seller's obligation to refund will be void.
 
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