DELIVERY, WITHDRAWAL AND CANCELLATION RETURN CONDITIONS

Last Updated: 1 January 2024

DELIVERY

1. If the BUYER approves the order subject to the contract, the BUYER will be obliged to pay the price of the product subject to the order and, if any, the shipping fee and other additional fees such as taxes.

2. In sales where the delivery address is outside the country where the SELLER is based, the BUYER will be separately responsible for potential importation, sales fees, customs duties, additional storage, transportation costs, and any international delivery costs, as well as additional taxes and duties arising from the legal jurisdiction of the BUYER’s address. When purchasing a product through www.demontha.com, any import duties and customs fees that may be requested in the country where the BUYER wishes to receive the product, along with charges requested by the carrier, the customs administration of the country of delivery, or other parties, also known as ‘Import Costs’, will be charged to the BUYER. Prior to purchasing the product, it is advisable to contact the local customs authority for information regarding possible import duties and customs fees.

3. After the receipt of the BUYER’s order, and provided that the SELLER’s stock is available and subject to cases where the fulfillment of the order becomes impossible, not exceeding the legal period of 30 (thirty) days, unless there is a mandatory provision specifying a shorter period based on the legal jurisdiction of the BUYER’s address, the product will be delivered to the BUYER’s address within 28 business days, following the agreement with the contracted shipping company. Once received by the courier, the estimated delivery time to the delivery address will be 7/14 business days, considering this period. Contracts for goods explicitly personalized to meet the consumer’s request or personal needs are exceptions and not subject to these timeframes.

BUYER’S OBLIGATION TO INSPECT THE PRODUCT:

The BUYER shall inspect the goods/services subject to the contract before taking delivery; any damaged or defective goods/services, such as dents, breakages, torn packaging, etc., will not be accepted from the shipping company without noting the issues in a report. Otherwise, the received goods/services will be deemed undamaged and intact. The BUYER must take care to protect the product carefully after delivery.

RIGHT OF WITHDRAWAL:

In cases where the delivery to a domestic address is agreed upon for the product;

1. Provided that the BUYER is a consumer; within 14 (fourteen) days from the date of delivery of the purchased product to themselves or the person/organization indicated at the specified address, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods without assuming any legal or criminal liability and without providing any justification, provided that they notify the SELLER through the contact information below.

2. The costs resulting from the use of the right of withdrawal belong to the SELLER.

3. If the BUYER does not have the right of withdrawal under their habitual residence law, the BUYER will not have the right to return the product received from the SELLER without stating any reasons.

If the BUYER has the right of withdrawal under their habitual residence[1] law abroad, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods without stating any reasons, within 14 (fourteen) days starting from the date of delivery to the BUYER or to the person/organization at the address indicated by the BUYER, provided that the BUYER notifies the SELLER through the contact information above. In this case, the BUYER will bear all the expenses of the return, including the shipping, and other expenses. The amount of these return expenses shall be determined within the scope of the following index, and it will not exceed 2000 USD shipping cost in any case, and it may include all other expenses that may be added if it is within the express consent.

Shipping Cost Calculation Index

 

 

SELLER’S RIGHT OF RETURN NOTICE AND CONTACT INFORMATION FOR PRODUCT RETURN:

 Company Name  GENYA ORMAN ÜRÜNLERİ SANAYİ ve TİCARET LTD. ŞTİ.
 Address  IOSB Keresteciler Sitesi / 17. Sk No:2 34490 – Başakşehir / İstanbul / TURKEY
 Phone  +90 212 675 03 45 / +90 554 994 34 57
 Fax  +90 212 670 02 53
 E-mail  info@demontha.com

DURATION AND USE OF THE RIGHT OF WITHDRAWAL:

4. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing via registered mail, fax, email, or the return request form within 14 (fourteen) days from the day following the date of delivery of the goods or the day the goods are delivered to a third party/organization at the specified address.

Within 14 (fourteen) days from the date the withdrawal notice reaches the SELLER, the Product and, if any, all attachments, accessories, packaging, invoice, warranty certificate if any, user manual, and other documents must be returned to the delivery address specified by the SELLER in the third clause or to the person authorized by the SELLER, using the domestic shipping company agreed upon by the SELLER (UPS or TNT), complete and undamaged. If the product is returned through the shipping companies agreed upon by the SELLER, the BUYER will not be responsible for the return expenses. Otherwise, the BUYER must pay the shipping costs. The shipping cost of partially returned products and products returned without prior notice of withdrawal will be covered by the BUYER. The BUYER acknowledges and agrees to bear the shipping cost in such a case.

If the BUYER chooses to send back the product/products to the SELLER through a shipping company not contracted by the SELLER, the BUYER will be responsible for all transportation costs and, if applicable, customs and other tax/duty expenses. In such cases, the SELLER cannot be held responsible for any damage or loss that may occur to the product during shipping.

5. If the BUYER fails to return the goods to the SELLER or the authorized person within 14 (fourteen) days from the date of notifying the exercise of the right of withdrawal, the SELLER will not refund the payment. If refunded, it may be subject to interest and other expenses, and the amount may be reclaimed. 

CONDITIONS OF THE RIGHT OF WITHDRAWAL:

6. In order for the BUYER to exercise the right of withdrawal;

  • The BUYER must have the status of “Consumer” as defined within the scope of the Law No. 6502,
  • The BUYER must notify the SELLER within the legal period,
  • The product/products must not be among the products for which the right of withdrawal cannot be exercised as determined in the Law No. 6502 Consumer Protection Act and the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014,
  • The product must not have suffered damage that prevents its re-sale other than its ordinary use,
  • The products must be unused and unassembled,
  • The product must be returned complete and undamaged, including the product return form, invoice, original box of the returned products, packaging, standard accessories if any, parts, warranty certificate if any, user manual, and all attachments, and must not have been used in any other way.
  • For orders delivered to foreign addresses, it is a requirement that the consumer has the right of withdrawal under their habitual residence law.

CASES WHERE THE RIGHT OF WITHDRAWAL CAN NOT BE EXERCISED:

7. The BUYER cannot exercise the right of withdrawal for personalized products that are customized according to the BUYER’s requests before the order, by making alterations, changes, or additions to them.

8. The BUYER cannot exercise the right of withdrawal for products that have not suffered damage preventing their resale, except for normal use. In particular, the following cases are considered damage-preventing resale:

  • Removal or damage of the brand, logo, and/or labels that constitute integrity with the products,
  • Existence of tearing, burning, smelling, breaking, damage, or deterioration anywhere on the products, regardless of their size or significance,
  • Partial or complete loss of the qualities and characteristics of the products necessary for their resale,
  • Supply of goods that are inherently integrated with other items after delivery,
  • Installation or assembly of goods that are specified to be installed or assembled by the seller or authorized service in the identification and user manual,
  • After assembly of disassembled products in the furniture category,
  • Existence of defects due to misuse,
  • Discoloration due to any reason such as paint, chemicals, or sun exposure,

9. In cases where the BUYER does not have the right of withdrawal in their usual residence law for orders delivered to foreign addresses, the BUYER does not have the right of withdrawal without specifying any reason.

REFUND

10. The SELLER will, within a maximum of 10 days from the date the notice of withdrawal, along with all specified documents and attachments, and the returned product reaches the SELLER, complete the examination regarding whether the documents and products returned are complete and undamaged, and whether the right of withdrawal has been exercised in accordance with legal regulations, and inform the BUYER accordingly.

11. In the event that it is determined, after evaluating the product, documents, and other conditions, that the right of withdrawal does not comply with the legislation and the conditions stated in this document, the product will be returned to the BUYER with the reason, and the shipping cost will be borne by the BUYER.

12. In the event of the BUYER requesting a refund for payments made by credit card, the BUYER acknowledges, declares, and undertakes that the refund will not be made in cash. In the case of exercising the right of withdrawal, the price of the product/products and shipping costs will be refunded to the BUYER within 14 (fourteen) days from the date of delivery to the agreed cargo company or, in the case of return with a carrier other than the agreed one, from the date it reaches the SELLER. The refund will be made to the payment method used by the BUYER at the time of purchase. Refunds to credit cards will be made in accordance with the existing refund procedures of the banks. In cases where payment is made in installments, the refund will be made within the framework of the existing procedures of the banks. In the event that the SELLER cannot make the refund due to the BUYER’s credit card being canceled/changed and/or not working for any reason, the BUYER is obliged to receive the money by submitting a written application to the SELLER with the relevant documents obtained from the bank regarding the matter. In such a case, the BUYER cannot make any claims for delay damages, interest, or similar under any name against the SELLER.

13. If the value of the product returned by the BUYER within the scope of the right of withdrawal has decreased due to the fault of the BUYER or if the product has been damaged due to the fault of the BUYER, the BUYER is obliged to compensate the SELLER for the decreased value of the product or the damage to the product, either in the amount of the value of the product or with a discount equivalent to the value of the product.

14. In case the right of withdrawal is exercised, if the campaign limit amount set by the SELLER falls below or the campaign conditions are violated, the amount of the discount enjoyed within the scope of the campaign is canceled. The SELLER has the right to offset this amount from the refund to be made to the BUYER or to demand it separately.

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[1] The place where a person has resided for a certain period, sufficient to establish the predominant center of   their social and economic relationships, even if not for the purpose of settling.