Delivery & Returns Information

Galata Leather Delivery & Return Information

Pursuant to the Consumer Protection Law No. 6502 (“Law”), buyers have the right to return products without giving a reason and “without paying shipping costs” within 14 days from the date of delivery, by exercising their right of withdrawal.

1. Consumer's Right of Withdrawal in Installment Sales Contracts;

The provisions regarding installment sales contracts are regulated in Article 17 of the Law, and the right of withdrawal is regulated in Article 18.

The Regulation on Installment Sales Agreements was published in the Official Gazette dated 14.01.2015.

Accordingly;

Right of Withdrawal

(1) The consumer has the right to withdraw from the installment sales contract within seven days without giving any reason and without paying any penalty.

(2) The period of right of withdrawal begins on the day the contract is established for contracts related to the performance of services; and on the day the consumer or a third party designated by the consumer receives the goods for contracts related to the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period from the establishment of the contract to the delivery of the goods.

(3) In contracts where delivery of goods and performance of services are made together, the provisions regarding the right of withdrawal regarding the delivery of goods apply.

(4) It is sufficient for the notification of the exercise of the right of withdrawal to be sent to the seller or provider in writing or via permanent data storage within the period of the right of withdrawal. The seller or provider is obliged to prove that the consumer has been informed about the right of withdrawal.

(5) If the seller delivers the goods to the consumer within the withdrawal period, the consumer may only use the goods to the extent required by a regular review. The regular review covers the initial review of the goods. If the goods are used habitually, the consumer cannot exercise the right of withdrawal.

(6) The consumer cannot exercise the right of withdrawal in service contracts where the service has started to be provided with the consumer's approval before the expiry of the right of withdrawal period.

(7) The right of withdrawal cannot be exercised in financial leasing transactions where the consumer finds the seller.

(8) The provisions on the right of withdrawal in favour of the consumer regarding other contracts regulated in the law are reserved.

Consequences of Using the Right of Withdrawal

(1) If the consumer exercises his/her right of withdrawal, the seller or provider is obliged to return the amount received and any documents that put the consumer in debt within seven days from the date of receipt of the notice of withdrawal, without imposing any cost on the consumer.

(2) The consumer who exercises his right of withdrawal is obliged to return the goods that are the subject of the contract to the seller within seven days from the date of exercising his right of withdrawal. Otherwise, the consumer is deemed not to have exercised his right of withdrawal.

(3) In case of exercising the right of withdrawal, the consumer must bear the costs of returning the goods.

2. Consumer's Right of Withdrawal in Distance Contracts,

Provisions regarding Distance Contracts are explained in Article 48 of the Law.

Distance contracts, like contracts made outside the workplace, also involve certain risks for the consumer. While the defining feature of contracts made outside the workplace is that the parties physically meet outside of the usual contract establishment locations such as stores, the defining feature of distance contracts is that the parties never meet. The consumer, who establishes the contract from home via telephone, internet, letter, etc., does not even see the face of the seller or provider. Indeed, the problem in such contracts is that the sales contract is generally concluded without much thought, without sufficient information about the details of the contract and the performance, without comparing the contract terms with the contracts of the same type offered in the market, and without seeing the goods at all. Therefore, in such cases, in order to eliminate the lack of information, it seems appropriate to inform the consumer about the contract and the performance in accordance with Directive 2011/83/EU of the European Parliament and of the Council dated 25/10/2011 on Consumer Rights and to grant him/her a right of withdrawal.

The Distance Contracts Regulation was published in the Official Gazette dated 27.11.2015.

According to this regulation, the Use of the Consumer's Right of Withdrawal and the Obligations of the Parties are determined as follows.

Right of Withdrawal

(1) The consumer has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty.

(2) The period of right of withdrawal begins on the day the contract is established for contracts related to the performance of services; and on the day the consumer or a third party designated by the consumer receives the goods for contracts related to the delivery of goods. However, the consumer may also exercise the right of withdrawal during the period from the establishment of the contract to the delivery of the goods.

(3) In determining the period of the right of withdrawal;

a) For goods that are subject to a single order and delivered separately, the day the consumer or a third party designated by the consumer receives the last good,

b) For goods consisting of more than one piece, the day the consumer or a third party designated by the consumer receives the last piece,

c) In contracts where the goods are delivered regularly for a certain period of time, the day the consumer or a third party designated by the consumer receives the first good.

is taken as basis.

(4) Delivery of the goods by the seller to the carrier is not considered as delivery to the consumer.

(5) In contracts where delivery of goods and performance of services are made together, the provisions regarding the right of withdrawal regarding the delivery of goods apply.

Incomplete Information

(1) The seller or provider is obliged to prove that the consumer has been informed of the right of withdrawal. If the consumer is not duly informed of the right of withdrawal, he/she is not bound by the fourteen-day period to exercise his/her right of withdrawal. In any case, this period expires one year after the date on which the withdrawal period ends.

(2) If the necessary notification regarding the right of withdrawal is made within one year, the fourteen-day period of right of withdrawal begins to run from the day on which the notification is made.

Exercise of the Right of Withdrawal

(1) It is sufficient to notify the seller or provider of the exercise of the right of withdrawal in writing or via permanent data storage before the expiration of the right of withdrawal period.

(2) In exercising the right of withdrawal, the consumer may use the form in the ANNEX or make a clear statement stating the decision to withdraw. The seller or provider may also offer the option on the website for the consumer to fill out this form or send the declaration of withdrawal. In the event that the right of withdrawal is offered to consumers on the website, the seller or provider must immediately send the consumer confirmation that the withdrawal requests submitted by the consumers have been received.

(3) In sales made through voice communication, the seller or provider must send the form in the ANNEX to the consumer at the latest until the delivery of the goods or the performance of the service. In such sales, the consumer can use this form to exercise his/her right of withdrawal, as well as the methods in the second paragraph.

(4) The burden of proof regarding the exercise of the right of withdrawal referred to in this article belongs to the consumer.

Obligations of the Seller or Provider

(1) The seller or provider is obliged to refund all payments collected, including the delivery costs of the goods to the consumer, if any, within fourteen days from the date on which the consumer receives notification that he/she has exercised his/her right of withdrawal.

(2) The seller or provider must make all refunds specified in the first paragraph in a single payment in accordance with the payment instrument used by the consumer during the purchase and without imposing any cost or liability on the consumer.

(3) In the exercise of the right of withdrawal, if the goods are sent back through the carrier specified by the seller for return within the scope of subparagraph (g) of the first paragraph of Article 5, the consumer cannot be held responsible for the costs related to the return. If the seller does not specify any carrier for return in the preliminary information, no fee can be requested from the consumer for the return cost. If the carrier specified in the preliminary information for return does not have a branch in the consumer's location, the seller is obliged to ensure that the goods requested to be returned are collected from the consumer without requesting any additional costs.

Consumer Obligations

(1) Unless the seller or provider offers to take back the goods, the consumer must return the goods to the seller or provider or to the person authorised by the consumer within ten days from the date of notification of exercising the right of withdrawal.

(2) The consumer is not responsible for any changes or deteriorations that occur if the product is used in accordance with its operation, technical specifications and instructions for use within the withdrawal period.

Effect of the Use of the Right of Withdrawal on Ancillary Agreements

(1) Subject to the provisions of Article 30 of the Law, if the consumer exercises his/her right of withdrawal, the ancillary contracts will automatically terminate. In this case, the consumer is not liable to pay any expenses, compensation or penalties except for the cases specified in the second paragraph of Article 13.

(2) The seller or provider must immediately notify the third party party to the ancillary contract that the consumer has exercised his right of withdrawal.

Exceptions to the Right of Withdrawal

(1) Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts:

a) Contracts for goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider.

b) Contracts regarding goods prepared in line with the consumer's wishes or personal needs.

c) Contracts for the delivery of goods that are perishable or subject to expiry.

ç) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.

d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.

e) Contracts regarding books, digital content and computer consumables presented in material form, if protective elements such as packaging, tape, seal, package have been opened after delivery of the goods.

f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of a subscription contract.

g) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and the evaluation of free time for entertainment or recreation purposes, which must be made on a specific date or period.

g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.

h) Contracts regarding services that are started to be performed with the consumer's approval before the expiry of the right of withdrawal period.