PRELIMINARY INFORMATION FORM

Last Updated: 1 January 2024

1. Parties and Subject

This Preliminary Information Form is intended to inform the buyer (“Buyer”) and GENYA ORMAN ÜRÜNLERİ SANAYİ VE TİCARET LİMİTED ŞİRKETİ (“Seller”) located at the address “IOSB Keresteciler Sitesi / 17. Sk No:2 34490 – Başakşehir / İstanbul / TURKEY” and conducting business through the website www.demontha.com (“Website”) about the Distance Sales Agreement (“Agreement”) between the parties who will purchase products on the Internet Site, in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.”

The Buyer acknowledges in advance, before accepting the distance contract or any corresponding offer, that they have been informed by the Seller through this Preliminary Information Form.

2. Seller Information

Company Name	GENYA ORMAN ÜRÜNLERİ SANAYİ ve TİCARET LTD. ŞTİ.
Address	IOSB Keresteciler Sitesi / 17. Sk No:2 34490 – Başakşehir / İstanbul / TURKEY
Return 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
KEP Address	genya@hs03.kep.tr
MERSIS Number	0394001648500011
Agreed Carrier	UPS or TNT

3. Right of Withdrawal

3.1. In cases where delivery to an address within the country is agreed upon for the product, the BUYER may exercise the right of withdrawal granted by the relevant legislation within 14 (fourteen) days from the delivery of the contractual product/products to themselves or to the person at the specified address.

3.2. In cases where the delivery to an address abroad is agreed upon, if the BUYER does not have the right of withdrawal under their habitual residence[1] law, the BUYER will not have the right to return the product received from the SELLER without stating any reasons.

3.3. If the BUYER has the right of withdrawal under their habitual residence 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, as long as it is within the express consent.

Shipping Cost Calculation Index

In order for the BUYER to be able to exercise their 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.

3.2. To exercise the right of withdrawal within this period, the Buyer may notify the Seller of the exercise of this right:

In writing to the address “İkitelli Keresteciler Sitesi 17. Sk. No:2-4 Başakşehir/ISTANBUL” or
By sending an email to the email address info@demontha.com.”

3.3. In cases where the product is delivered domestically; Within fourteen (14) days from the date of delivery of the withdrawal notification to the SELLER, it is mandatory to send the product back to the SELLER’s delivery address specified in Article 3.2 or to the person authorized by the SELLER by the SELLER’s contracted UPS or TNT company. If the product is sent back through the shipping companies that the SELLER has contracted, the BUYER will not be held responsible for the costs related to the return. Otherwise, all kinds of transportation costs and customs and other taxes / fees will be borne by the BUYER regardless of the amounts. In these cases, it is not possible for the SELLER to be held responsible for any damage and loss that may occur to the product during transportation. The BUYER shall also be responsible for customs taxes and duties, additional storage and transportation costs and additional taxes and duties arising from the law of the BUYER’s address, especially in sales whose delivery address is abroad.

3.4. When exercising the right of withdrawal, the BUYER shall;

(I) the invoice of the product delivered to the BUYER or the person designated by the BUYER as the person to be delivered, (***)

(ii) The products to be returned complete and undamaged together with the box, packaging, standard accessories, if any, shall be sent to the SELLER by UPS or TNT contracted by the SELLER within fourteen (14) days from the notification of the exercise of the right of withdrawal.

(***) In the case that the BUYER is a real or legal person acting for commercial or professional purposes and / or the invoice for the product subject to the Contract is issued on behalf of the BUYER acting for commercial or professional purposes, if the BUYER wishes to return the product for defects and other reasons, except for consumer rights, the product must be sent together with the return invoice to be issued when returning the product. (In the event that the BUYER is a natural or legal person acting for commercial or professional purposes and / or the invoice for the product subject to the Contract is issued on behalf of the BUYER acting for commercial or professional purposes; The BUYER cannot benefit from the provisions and consumer rights to grant special rights and opportunities to consumers regulated in this Agreement and the law).

3.5. The BUYER acknowledges and undertakes that in case of a refund request for payments made with a credit card, the refund will not be made in cash. In case of the exercise of the right of withdrawal, the price of the product/products and the shipping costs shall be refunded to the BUYER in accordance with the payment method used by the BUYER within 14 (fourteen) days from the date the product/products were delivered to the SELLER by the contracted cargo company or, if returned by a carrier other than the contracted cargo, from the date it reaches the SELLER. The refund to the credit card shall be made within the framework of the current refund procedures of the banks. In cases where installment payment is made, the refund shall be made in accordance with the current procedures of the banks. In cases where the SELLER is unable to refund due to reasons such as the cancellation/change of the BUYER’s credit card, the BUYER shall be obliged to receive the payment by applying to the relevant bank with the documents received from the bank. In such a case, the BUYER cannot make any claims against the SELLER for any delay damages, interest, etc., under any name whatsoever.

3.6. The shipping fee for the products sent to the SELLER without notice of withdrawal shall be borne by the BUYER. In this case, the BUYER knows and agrees to pay the shipping fee in question.

3.7. Cases Where the Right of Withdrawal Cannot Be Exercised

3.7.1. The BUYER cannot use the right of withdrawal for the product / products that acquire personalized qualities by making modifications, changes or additions in line with the demands of the BUYER before the order.

3.7.2. 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,
The products have partially lost their qualities and characteristics or have lost their new/clean qualities required for resale,
To be presented as inseparably integrated with other items after delivery due to its nature,
Installation or assembly of the goods specified to be installed or assembled by the seller or authorized service in the introduction and user manual,
Assembly of demounted products in the furniture category,
The presence of defects due to misuse,
The presence of discoloration due to any reason such as paint, chemicals, fading due to the sun, etc.

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.

4. Product/Products Information

The kind and type of product(s), quantity, brand/model/color, unit price(s), sales price and total price including taxes (total price including sales price, tax price, customs duties, taxes and charges for sales whose delivery address is abroad) can be found in the ” Shopping Basket” tab.

5. General Conditions

5.1. Unless the performance of the contract becomes impossible, subject to force majeure conditions, the product subject to the contract shall be delivered to the person at the address notified by the BUYER or to the BUYER within a legal period not exceeding 30 (thirty) days, through the shipping company with which the SELLER has an agreement, except for reasons arising from the cargo company.

5.2. The SELLER dispatches and delivers the products through the contracted cargo company. In the event that the cargo company does not have a branch at the location of the BUYER, the BUYER is required to pick up the Product from another nearby branch of the cargo company as specified by the SELLER.

5.3. Unless explicitly stated otherwise, delivery costs (such as shipping fees, etc.) are generally borne by the BUYER. Depending on the promotions conducted by the SELLER at the time of sale and announced on the Website, the SELLER may not pass on the entire or a portion of the delivery costs to the BUYER.

5.4. If the BUYER is not present at the address during the delivery of the products and if the individuals at the address refuse the delivery, the SELLER shall be deemed to have fulfilled its obligation in this regard. In the event that there is no one to receive the delivery at the address, it is the BUYER’s responsibility to contact the shipping company to track the shipment of the products. If the product is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible for the absence of the recipient at the delivery address or their refusal to accept the delivery. In such cases, any damages arising from the Buyer’s delayed receipt of the product, as well as the expenses incurred due to the product being held at the shipping company and/or the return of the package to the SELLER, shall be borne by the BUYER.

5.5. The BUYER is responsible for inspecting the Product upon receipt and, in the event of any damage or issue arising from the shipment, refusing to accept the Product and preparing a report with the shipping company representative. Otherwise, the SELLER will not accept any responsibility.

5.6. Unless otherwise expressly stipulated in writing by the SELLER, the BUYER must have fully paid the purchase price through the payment method of the BUYER’s choice before taking delivery of the Product. In the event that the payment for the product/products is not made for any reason or is canceled by the bank, the BUYER acknowledges, declares, and undertakes that the BUYER has the right to refuse the delivery of the product/products without any obligation on the part of the SELLER to fulfill the obligation to deliver the product/products.

5.7. In the event that the SELLER realizes it cannot supply the contracted Product, the SELLER may, within three (3) days from the date of understanding this situation, inform the BUYER in a clear manner through a lawful method and, with the BUYER’s oral/written approval, may procure another good/service of equal quality and price. If the BUYER gives or does not give such approval, the BUYER is entirely free in this regard, and in cases where approval is not given, contractual-legal provisions regarding order cancellation (contract termination) shall apply.

5.8. The obligation to carefully preserve the product after delivery lies with the BUYER. In the event of exercising the right of withdrawal, the product must be in a condition that does not prevent it from being resold, and the invoice must be returned. If the original invoice is not sent, VAT and any other legal obligations cannot be refunded to the BUYER.

5.9. If, due to force majeure or extraordinary circumstances beyond the normal sales/delivery conditions (such as adverse weather conditions, heavy traffic, earthquake, flood, fire, etc.), the Product cannot be delivered within the legal maximum thirty (30) day period, the SELLER informs the BUYER regarding the delivery. In this case, the BUYER may cancel the order, place an order for a similar product, or wait until the end of the extraordinary situation.

5.10. In the case of cancellations in accordance with the contract or the law, including order cancellations and contract terminations, if the Product price has been purchased, it will be refunded to the BUYER within a maximum of fourteen (14) days. The requirements of the following rule are reserved. The refund will be made to the payment method used by the BUYER to pay the Product price. For example, in the case of credit card payments, the refund process will be carried out by crediting the BUYER’s credit card, and the Product amount will be refunded to the relevant bank in the same period after the cancellation of the order by the BUYER. As the reflection of this amount in the BUYER’s accounts is entirely related to the bank transaction process, the BUYER acknowledges in advance that the SELLER cannot intervene in and take responsibility for any possible delays.

5.11. The Seller has the right to set off, deduct, and make reductions from the refundable amount in accordance with this Agreement and the law, and such rights are reserved. The Buyer’s statutory rights are also reserved and available in cases where the Agreement is terminated by the Buyer due to the Seller’s non-performance of its obligation.

5.12. The Buyer can communicate their product and sales-related requests and complaints to the Seller verbally or in writing by reaching the Seller through the communication channels specified in Article 2 of this Preliminary Information Form.

5.13. After acceptance, the Buyer can always access and review the relevant notifications and this Agreement by saving and storing the email sent to the email address provided by the Buyer. Meanwhile, the information is retained in the Seller’s systems in compliance with legal obligations.

5.14. After the approval of this Preliminary Information Form and the conclusion of the Agreement, if, for any reason, the product price is not paid or the bank payment is canceled until the Buyer informs the Seller by paying the product price, the Seller refrains from the obligation to deliver the product.

5.15. After being read and accepted by the Consumer in electronic form, this Preliminary Information Form will proceed to the establishment of the Distance Sales Agreement stage.

6. Resolution Of Disputes and Applicable Law

Any dispute that may arise between the parties is subject to the laws of the Republic of Turkey, and disputes that cannot be resolved by mutual agreement of the parties will be resolved by the Consumer Arbitration Committees of the Province and District within the monetary limits annually determined and announced by the Ministry of Customs and Trade, in accordance with the law. In cases exceeding these limits, Consumer Courts have jurisdiction.

[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.