CONSUMER RIGHTS – RIGHT OF WITHDRAWAL – CANCELLATION AND REFUND CONDITIONS
GENERAL
If you place an order electronically through the website you are using, you shall be deemed to have accepted the preliminary information form and the distance sales agreement presented to you.
Buyers are subject to the provisions of Law No. 6502 on Consumer Protection, the Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188), and other applicable legislation regarding the sale and delivery of the products they purchase.
Shipping costs incurred for product delivery shall be paid by the Buyers.
Each purchased product shall be delivered to the person and/or organization at the address specified by the Buyer within the statutory period of 30 days. If the product is not delivered within this period, the Buyer may terminate the agreement.
The purchased product must be delivered complete, in accordance with the specifications stated in the order, and together with any applicable documents such as the warranty certificate and user manual.
If it becomes impossible to supply the purchased product, the Seller must notify the Buyer of this situation in writing within 3 days from the date on which the Seller becomes aware of it. The total amount paid must be refunded to the Buyer within 14 days.
IF THE PURCHASE PRICE IS NOT PAID
If the Buyer fails to pay the price of the purchased product or cancels the payment through the bank, the Seller’s obligation to deliver the product shall cease.
PURCHASES MADE THROUGH UNAUTHORIZED USE OF A CREDIT CARD
If, after the product has been delivered, it is determined that the credit card used by the Buyer for payment was unlawfully used by unauthorized persons and the price of the product sold is not paid to the Seller by the relevant bank or financial institution, the Buyer must return the product subject to the agreement to the Seller within 3 days, with the shipping costs borne by the SELLER.
IF THE PRODUCT CANNOT BE DELIVERED ON TIME DUE TO UNFORESEEABLE REASONS
If force majeure circumstances beyond the Seller’s reasonable control occur and the product cannot be delivered on time, the Buyer shall be informed.
The Buyer may request cancellation of the order, replacement of the product with a similar product, or postponement of delivery until the obstacle preventing delivery has been removed.
If the Buyer cancels the order and made the payment in cash, the relevant amount shall be refunded in cash within 14 days of cancellation.
If the Buyer made the payment by credit card and cancels the order, the product price shall likewise be refunded to the bank within 14 days of cancellation. However, it may take approximately 2–3 weeks for the bank to credit the amount to the Buyer’s account.
BUYER’S OBLIGATION TO INSPECT THE PRODUCT
Before accepting delivery of the goods/services subject to the agreement, the Buyer shall inspect them and shall not accept from the courier company any damaged or defective goods/services, including goods that are dented, broken, or have torn packaging.
Goods/services that have been accepted shall be deemed to have been delivered undamaged and in good condition.
The BUYER must take due care of the goods/services after delivery. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must also be returned together with the product.
RIGHT OF WITHDRAWAL
The BUYER may exercise the right of withdrawal from the agreement by rejecting the purchased product within 14 (fourteen) days from the date on which the product is delivered to the Buyer or to the person/organization at the address specified by the Buyer, without assuming any legal or penal liability and without providing any reason, provided that the SELLER is notified through the contact details stated below.
CONTACT INFORMATION FOR NOTIFICATION OF THE RIGHT OF WITHDRAWAL TO THE SELLER
COMPANY: Moka Agro Gıda Ticaret - Tuğsal Gürtuna
NAME/TITLE: Tuğsal Gürtuna
ADDRESS: 19 Mayıs Mah. Turaboğlu Sok. Hamdiye Yazgan İş Merkezi No: 4/2
Kadıköy / ISTANBUL
EMAIL: [email protected]
TEL: +90 546 491 77 76
FAX:
WITHDRAWAL PERIOD
If the Buyer has purchased a service, the 14-day withdrawal period begins on the date the agreement is concluded.
The right of withdrawal cannot be exercised in relation to service agreements where performance has commenced with the consumer’s approval before the expiry of the withdrawal period.
The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER.
In order to exercise the right of withdrawal, the SELLER must be notified in writing within the 14 (fourteen)-day period by registered mail with return receipt, fax, or email, and the product must not have been used in accordance with the provisions of this agreement regarding “Products for Which the Right of Withdrawal Cannot Be Exercised.”
EXERCISE OF THE RIGHT OF WITHDRAWAL
The invoice for the product delivered to the BUYER or to a third party must be returned.
If the invoice for the product to be returned was issued to a company, it must be sent together with the return invoice issued by that company. Returns of orders invoiced to companies cannot be completed unless a RETURN INVOICE has been issued.
The return form and the products to be returned must be delivered complete and undamaged together with their boxes, packaging, and standard accessories, if any.
REFUND CONDITIONS
The SELLER is obliged to refund the total amount and return any documents that place the BUYER under an obligation within a maximum of 10 days from the date on which the withdrawal notification is received and to take back the goods within 20 days.
If the value of the goods decreases or returning the goods becomes impossible due to a reason attributable to the BUYER, the BUYER shall be liable to compensate the SELLER for the resulting losses in proportion to the BUYER’s fault.
However, the BUYER shall not be liable for changes or deterioration resulting from the proper use of the goods or products during the withdrawal period.
If exercising the right of withdrawal results in the order falling below the campaign threshold determined by the SELLER, the amount of discount obtained under the campaign shall be cancelled.
PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Under the applicable Regulation, the right of withdrawal cannot be exercised for the following products and services:
Products prepared at the BUYER’s request or clearly personalized according to the BUYER’s individual needs and which are not suitable for return; underwear bottoms; bikini bottoms and swimwear bottoms; cosmetic products; disposable products; goods that are liable to deteriorate rapidly or are likely to expire; products which are unsuitable for return for health or hygiene reasons if their packaging has been opened by the BUYER after delivery; products which become mixed with other products after delivery and which cannot, by their nature, be separated; periodical publications such as newspapers and magazines other than those provided under subscription agreements; services performed instantly in electronic form or intangible goods supplied instantly to the consumer; as well as audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables where their packaging has been opened by the BUYER.
In addition, under the Regulation, the right of withdrawal cannot be exercised in respect of services whose performance has commenced with the consumer’s approval before the expiry of the withdrawal period.
Cosmetics and personal care products, underwear, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs, cassette tapes, and stationery consumables such as toner, cartridges, ribbons, etc. may only be returned if their packaging has not been opened and the products have not been tested, damaged, or used.
Pursuant to Law No. 6502, audio or video recordings, software, and computer consumables whose packaging has been opened cannot legally be returned.
Within this scope, second-hand games may only be returned if they are defective, non-functional, or have physical damage other than the details stated in the listing. Returns based solely on a change of mind or without a valid reason are not permitted.
DEFAULT AND ITS LEGAL CONSEQUENCES
If the BUYER makes payment by credit card and subsequently defaults on payment obligations, the BUYER acknowledges, declares, and undertakes that interest shall be payable in accordance with the credit card agreement entered into with the card-issuing bank and that the BUYER shall be liable towards the bank.
In such circumstances, the relevant bank may initiate legal proceedings and may claim from the BUYER any expenses and attorney’s fees incurred.
In any event, if the BUYER defaults on any payment obligation, the BUYER agrees to compensate the SELLER for any loss or damage suffered as a result of delayed performance of the debt.
PAYMENT AND DELIVERY
Payments may be made by bank transfer or EFT (Electronic Funds Transfer) to our TRY account at DenizBank A.Ş.:
IBAN: TR82 0013 4000 0004 5586 2000 26
You may also make payments by credit card through our website and benefit from online single-payment or installment options available for your credit card.
For online payments, the relevant amount shall be charged to your credit card upon completion of your order.