PRIVACY & REFUND POLICIES AND TERMS OF SERVICE
- PRIVACY POLICY
SECTION 1 – WHAT DO WE DO WITH YOUR INFORMATION?
When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
SECTION 2 – CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at info@birdman-art.com.
ECTION 3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
SECTION 4 – SHOPPING
Our store is hosted on Birdman Art.com This provide us with the online e-commerce platform that allows us to sell our products and services to you.
Your data is stored through woocommerce’s data storage, databases and the general woocommerce application. They store your data on a secure server behind a firewall.
Payment:
If you choose a direct payment gateway to complete your purchase, then Birdman-art.com don’t stores your credit card data. It is encrypted through Payment gateway (2checkout) . Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
SECTION 5 – THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
Links
When you click on links on our store, they may direct you away from our site.
We are not responsible for the privacy practices of other sites and encourage
you to read their privacy statements.
SECTION 6 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a SSL-256 encryption.
SECTION 7 – COOKIES
A cookie is a small computer file or piece of information that may be stored in your computer’s hard drive when you visit our websites. We may use cookies to improve our website’s functionality and in some cases, to provide visitors with a customized online experience.
Cookies are widely used and most web browsers are configured initially to accept cookies automatically. You may change your Internet browser settings to prevent your computer from accepting cookies or to notify you when you receive a cookie so that you may decline its acceptance. Please note, however, if you disable cookies, you may not experience optimal performance of our website.
SECTION 8 – AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
SECTION 9 – CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at info@birdman-art.com.
- REFUND POLICY
We accept returns. You can return unopened items in the original packaging within 30 days of your purchase with receipt or proof of purchase. If 30 days or more have passed since your purchase, we cannot offer you a refund or an exchange.
Upon receipt of the returned item, we will fully examine it and notify you via email, within a reasonable period of time, whether you are entitled to a return. If you are entitled to a return, we will refund your purchase price and a credit will automatically be applied to your original method of payment.
Only regular priced items may be refunded.
Personalized items are non-refundable.
To follow-up on the status of your return, please contact us at [info@birdmanart.com]
- TERMS OF SERVICE
OVERVIEW
This website is operated by BIRDMAN ART STUDIO. Throughout the site, the terms “we”, “us” and “our” refer to BIRDMAN ART STUDIO. BIRDMAN ART STUDIO offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By
agreeing to these Terms of Service, you represent that you are at least the age
of majority in your state or province of residence, or that you are the age of
majority in your state or province of residence and you have given us your
consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may
you, in the use of the Service, violate any laws in your jurisdiction
(including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate
termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We
reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may
be transferred unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices. Credit card information is always encrypted during
transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any
portion of the Service, use of the Service, or access to the Service or any
contact on the website through which the service is provided, without express
written permission by us.
The headings used in this agreement are included for convenience only and will
not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We
are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general
information only and should not be relied upon or used as the sole basis for
making decisions without consulting primary, more accurate, more complete or
more timely sources of information. Any reliance on the material on this site
is at your own risk.
This site may contain certain historical information. Historical information,
necessarily, is not current and is provided for your reference only. We reserve
the right to modify the contents of this site at any time, but we have no
obligation to update any information on our site. You agree that it is your
responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices
for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any
part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price
change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain
products or services may be available exclusively online through the website.
These products or services may have limited quantities and are subject to
return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and
images of our products that appear at the store. We cannot guarantee that your
computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products
or Services to any person, geographic region or jurisdiction. We may exercise
this right on a case-by-case basis. We reserve the right to limit the
quantities of any products or services that we offer. All descriptions of
products or product pricing are subject to change at anytime without notice, at
the sole discretion of us. We reserve the right to discontinue any product at any
time. Any offer for any product or service made on this site is void where
prohibited.
We do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations, or
that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We
may provide you with access to third-party tools over which we neither monitor
nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as
available” without any warranties, representations or conditions of any kind
and without any endorsement. We shall have no liability whatsoever arising from
or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your
own risk and discretion and you should ensure that you are familiar with and
approve of the terms on which tools are provided by the relevant third-party
provider(s).
We may also, in the future, offer new services and/or features through the
website (including, the release of new tools and resources). Such new features
and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain
content, products and services available via our Service may include materials
from third-parties.
Third-party links on this site may direct you to third-party websites that are
not affiliated with us. We are not responsible for examining or evaluating the
content or accuracy and we do not warrant and will not have any liability or
responsibility for any third-party materials or websites, or for any other
materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of
goods, services, resources, content, or any other transactions made in
connection with any third-party websites. Please review carefully the
third-party’s policies and practices and make sure you understand them before
you engage in any transaction. Complaints, claims, concerns, or questions
regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If,
at our request, you send certain specific submissions (for example contest
entries) or without a request from us you send creative ideas, suggestions,
proposals, plans, or other materials, whether online, by email, by postal mail,
or otherwise (collectively, ‘comments’), you agree that we may, at any time,
without restriction, edit, copy, publish, distribute, translate and otherwise
use in any medium any comments that you forward to us. We are and shall be
under no obligation (1) to maintain any comments in confidence; (2) to pay compensation
for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we
determine in our sole discretion are unlawful, offensive, threatening,
libelous, defamatory, pornographic, obscene or otherwise objectionable or
violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party,
including copyright, trademark, privacy, personality or other personal or
proprietary right. You further agree that your comments will not contain
libelous or otherwise unlawful, abusive or obscene material, or contain any
computer virus or other malware that could in any way affect the operation of
the Service or any related website. You may not use a false e-mail address,
pretend to be someone other than yourself, or otherwise mislead us or
third-parties as to the origin of any comments. You are solely responsible for
any comments you make and their accuracy. We take no responsibility and assume
no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally
there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit times
and availability. We reserve the right to correct any errors, inaccuracies or
omissions, and to change or update information or cancel orders if any
information in the Service or on any related website is inaccurate at any time
without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the
Service or on any related website, including without limitation, pricing
information, except as required by law. No specified update or refresh date
applied in the Service or on any related website, should be taken to indicate
that all information in the Service or on any related website has been modified
or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We
do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the
service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite
periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at
your sole risk. The service and all products and services delivered to you
through the service are (except as expressly stated by us) provided ‘as is’ and
‘as available’ for your use, without any representation, warranties or conditions
of any kind, either express or implied, including all implied warranties or
conditions of merchantability, merchantable quality, fitness for a particular
purpose, durability, title, and non-infringement.
In no case shall BIRDMAN ART STUDIO, our directors, officers, employees,
affiliates, agents, contractors, interns, suppliers, service providers or
licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind, including,
without limitation lost profits, lost revenue, lost savings, loss of data,
replacement costs, or any similar damages, whether based in contract, tort
(including negligence), strict liability or otherwise, arising from your use of
any of the service or any products procured using the service, or for any other
claim related in any way to your use of the service or any product, including,
but not limited to, any errors or omissions in any content, or any loss or
damage of any kind incurred as a result of the use of the service or any
content (or product) posted, transmitted, or otherwise made available via the
service, even if advised of their possibility. Because some states or
jurisdictions do not allow the exclusion or the limitation of liability for consequential
or incidental damages, in such states or jurisdictions, our liability shall be
limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless BIRDMAN ART STUDIO and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The
obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you
or us. You may terminate these Terms of Service at any time by notifying us
that you no longer wish to use our Services, or when you cease using our
site.
If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Service, we also may terminate
this agreement at any time without notice and you will remain liable for all
amounts due up to and including the date of termination; and/or accordingly may
deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The
failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this
site or in respect to The Service constitutes the entire agreement and
understanding between you and us and govern your use of the Service,
superseding any prior or contemporaneous agreements, communications and
proposals, whether oral or written, between you and us (including, but not
limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be
construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Turkey Ankara 06610.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You
can review the most current version of the Terms of Service at any time at this
page.
We reserve the right, at our sole discretion, to update, change or replace any
part of these Terms of Service by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. Your
continued use of or access to our website or the Service following the posting
of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@birdman-art.com
DISTANCE SALES CONTRACT
ARTICLE – 1. SUBJECT:
Subject of this Distance Sales Contract (”Contract”) is to determine rights and obligations of the parties on the product the Seller sells to the Buyer (”Consumer”) pursuant to the Consumer Protection Law No. 6502, the Regulation on Distance Selling Contracts and other relative legal provisions with regard to the sales and delivery of the product of which properties and sales price are given below.
ARTICLE 2 – ESTABLISHMENT OF THE CONTRACT
2.1 THE BUYER AGREES THAT H/SHE HAS READ, UNDERSTOOD THE Contract, AND H/SHE IS AWARE OF HIS/HER RIGHTS AND OBLIGATIONS.
2.2 THE BUYER AND SELLER AGREE THAT THERE IS NO IRRATIONALITY IN THE ACTS DETERMINED BY THE Contract AND MUTUAL ACTS ARE IN COMPLIANCE WITH QUALITY OF THE WORK, AND THAT THEY HAVE NO LACK OF EXPERIENCE IN THE WORKS WITHIN SCOPE OF THIS Contract.
2.3 THE BUYER AGREES THAT H/SHE HAS COMPLETELY REACHED A CONCLUSION THAT THE CONTRACTUAL WORKS ARE IN THE INTEREST OF HIM/HER AND H/SHE WILL CONSCIOUSLY, WILLINGLY AND PURPOSELY FOLLOW ALL TERMS WITHOUT ANY DIFFICULTY OR BOREDOM AND OF HIS/HER OWN FREE WILL.
2.4 THE SELLER AND THE BUYER AGREE THAT PROVISIONS OF THE Contract DO NOT HAVE THE CHARACTERISTICS OF AN UNFAIR TERM, AND THAT THERE IS NOT AN INJUSTICE IN TERMS OF THE BENEFITS OF BALANCE.
2.5 PROVISIONS OF THIS AGREEEMENT DO NOT CONTAIN ANY UNFAIR TERM PURSUANT TO THE PROVISIONS OF THE REGULATION ON UNFAIR TERMS IN THE CONSUMER CONTRACTS. THE PROVISIONS DO NOT CONSTITUTE A CONTRADICTION AGAINST THE PRINCIPLE OF HONESTY AND GOODWILL AND THEY HAVE BEEN PREPARED IN ACCORDANCE WITH THE CONSUMER PROTECTION LEGISLATION.
2.6 PROVISIONS OF THIS CONTRACT HAVE BEEN PREPARED BY ALSO CONSIDERING THE PROVISIONS OF THE NEW OBLIGATIONS LAW NO. 6098. BINDINGNESS AND CONTENT REVIEW STIPULATED IN THE ARTICLE-21 OF THE NEW OBLIGATIONS LAW HAS BEEN PERFORMED BY THE BUYER. NONE OF THE PROVISIONS OF THIS CONTRACT SHALL HAVE TERMS WHICH ARE UNFAMILIAR (CONFUSING TERMS) TO THE QUALITY OF THE CONTRACT AND FEATURE OF THE WORK. PROVISIONS OF THIS CONTRACT HAVE BEEN CLEARLY AND COMPREHENSIBLY WRITTEN AND THEY DO NOT CONTAIN ANY AMBIGUOUS MEANING.
ARTICLE – 3 SELLER’S INFORMATION
Title:
Address:
Phone:
Fax:
E-mail:
MERSIS No:
ARTICLE – 4 BUYER’S (CONSUMER) INFORMATION
Name/Surname Title:
Address:
Phone:
E-mail:
ARTICLE – 5 CONTRACTUAL WORK’S INFORMATION
Type, quantity, brand/model, color number, sales price, payment method of the Goods/Products/services are as follows:
Date of the CONTRACT:
Delivery Date of the Product:
Amount of the Delivery Costs:
Carrier Information (in case of return):
Withdrawal’s;
Address:
Fax:
Electronic Mail:
Goods/Products/Services Type:
ARTICLE – 6 GENERAL PROVISIONS
6.1 The BUYER declares that h/she has read all preliminary information with regard to the basic features, sales price and payment method of the Contractual product as specified in the ARTICLE-5 and h/she has been informed thereof and h/she has given necessary approval in the electronic media.
6.2 The contractual product shall be delivered to the BUYER or a person/enterprise which has been designated by the BUYER per product within the duration specified in the preliminary information depending on distance of the residential place of the BUYER provided (that) the term of 30 (thirty) days is not exceeded. If the SELLER acts contrary to its liability, the Consumer is entitled to terminate this CONTRACT. If the CONTRACT is terminated, the Seller or the Provider, must refund all payments collected including the delivery costs, if any, along with their legal interests determined pursuant to the relative legislation, and must return all valuable papers and similar instruments obligating the Consumer within 14 (fourteen) days as of the date when the termination notice has been delivered to him/her.
6.3 If the Contractual Work is delivered to a person/enterprise other than the BUYER and this person/enterprise does not accept the delivery, the SELLER cannot be held responsible thereof.
6.4 The SELLER shall be responsible for delivering the Contractual work in a durable, complete condition and in line with the qualities given in the order. The SELLER can provide goods or service to the BUYER in an equal quality and price before expiration of its obligation term for fulfillment.
6.5 This CONTRACT must be approved electronically and amount of the Contractual order must be paid for delivery of the contractual product. If amount of the product is not paid or cancelled in the bank records, the SELLER shall be deemed to be released from the delivery obligation.
6.6 In cases where the goods or services ordered cannot be provided, The SELLER shall be liable to notify the condition to the BUYER in written or along with the fixed data register within 3 (three) days as of the date when h/she has learned it. In this case, the SELLER shall return all payments collected including the delivery costs to the BUYER within 14 (fourteen) days as of the date of notification.
6.7 The SELLER shall be responsible for the losses and damages incurred on the goods until delivery of them to a third person to be determined by the BUYER other than the carrier.
6.8 In the event that the BUYER demands shipment of the goods by a carrier other than the one determined by the SELLER, the SELLER shall not be responsible for the losses and damages likely to occur as of the date of delivery to the relative carrier.
6.9 The services offered by the SELLER are for the customers within scope of the retail sales. In the event that the BUYER suspects that the BUYER intends to resell, the SELLER reserves the right to cancel the order and not deliver the products even if the CONTRACT has been established.
ARTICLE – 7 RIGHT OF WITHDRAWAL
In accordance with the relevant provisions on Consumer Protection Law No. 6502 and Distance Contracts Directive;
7.1 Consumer; in distance contracts for the sale of goods, has the right to withdrawal from the contract without any reason and paying penal clause within 14 (fourteen) days from the date of delivery of the goods. However, consumer can use his/her right of withdrawal in the period from the execution this contract until the delivery of the goods. It is sufficient to have been directed the notification on the use of the right of withdrawal during this period in writing or via permanent data registers to the vendor or provider.
In determining the right of withdrawal period;
a) The day which consumer or third party designated by the consumer
receives last lot in the goods only subject to order and delivered separately,
b) The day which consumer or third party designated by the consumer receives
last lot in the goods consisting of multiple parts,
c) The day which consumer or third party designated by the consumer receives
first lot in the contracts which the regular delivery of goods is carried out
during a certain period are taken as a basis.
7.2 Consumer’s right of withdrawal is not applied to contracts relating to (i) goods prepared in accordance with the consumer requests or personal needs, (ii) the delivery of goods that is perishable and may expire, (iii) the delivery of goods of which protective elements such as packing, tape, seal, packaging is opened after their delivery; with the goods of which return is not suitable in terms of the health and hygiene, (iv) the goods which are mixed with other products after the delivery and cannot be resolved by its nature, (v) if protective elements such as packing, tape, seal, packaging is opened after the delivery of the goods, book, digital content and the computer consumables presented in the financial environment, (vi) the delivery of periodical publications such as newspapers and magazines other than those provided under the subscription agreement, (vii) accommodation, transport of goods, car rental, supplying of food and drinks that should be done on a specific date or period, making use of spare time for the purpose of entertainment or recreation, (viii) the services performed instantly on electronic media or intangible goods delivered to consumer instantly, (ix) before the end of the right of withdrawal period, services began to be carried out by the consumer’s consent, and (x) goods or services of which price varies depending on fluctuations in the financial markets and which are not under control of the seller or provider.
7.3 If consumer use his/her right of withdrawal, seller or provider is responsible to return total cost he/she received and securities that burdens the consumer with debt and all similar documents without any costs to the consumer not later than 14 (fourteen) days from the date of receipt of withdrawal notification.
7.4 In the withdrawal, if consumer uses goods in accordance with its functions, technical specifications and user manual, he/she shall not be responsible for any changes and damages arisen.
7.5 If the seller does not specify any carrier on the preliminary information, any compensation shall not be demanded from consumer related to return expenses. If the carrier specified on the preliminary information for return has not branch in the place where the consumer is located, the seller is responsible to ensure the receipt of the goods which are demanded to be returned from consumer without demanding any additional costs. If consumer returns the goods through the carrier which the seller specifies for return on the preliminary information form when he/she uses their right of withdrawal, he/she shall not be held responsible for paying expenses related to return.
7.6 Unless consumer offers that the seller itself shall get back the goods, consumer should send back the goods to the seller within ten days from the date of sending notification that consumer has used right of withdrawal.
ARTICLE – 8 COMPETENT COURT
All kinds of complaints and objections regarding this Agreement can be referred to the Arbitration Committee for Consumer Problems or the Consumer Court in residential address of the BUYER or SELLER according to the monetary borders determined annually by the Ministry of Customs and Trade in December.
ADDRESS
County Square, 108 Elwick Rd,
Ashford
TN23 1AE
+44 7418 412 994