Delivery period of a product varies depending on the product purchased. Products are custom-made. Although the legal delivery period is 30 days, delivery period in the country is 15 days and for abroad 25 days.
If a product under the contract will be delivered to a person / entity rather than the Buyer, the Seller shall not be responsible from non-acceptance of delivery by such person / entity to which the product shall be delivered.The product under the contract shall be delivered to the Buyer via a courier company. The Buyer agrees, represents and undertakes that the Seller will not be held responsible for any problems caused by the Courier Company and/or for any damages incurred by the Buyer due to non-delivery of the ordered product by the Courier Company.
Cargo costs belong to the Seller in the country, and to the Buyer outside the country.
Natali Kolyozyan requests some personal information during membership procedures. These data entered by a member is only accessible to and may be changed by such member. The data entered into membership form are never shared with any third parties, used and sold for any commercial purposes for any other reason without informing the member or unless provided otherwise.
The Seller is entitled to communicate with the Buyer for communication, marketing, notification and other purposes via letter, e-mail, SMS, telephone and otherwise through address, e-mail address, fixed and mobile phone lines and other communication data specified in the registration form to the website or afterwards updated by the Buyer itself. By accepting this contract, the Buyer agrees and represents that the Seller may carry out the above-mentioned communication activities.
The Seller shall not be responsible for reading of member’s data by unauthorized persons and for any damages to the member’s software and data. The Buyer has agreed and acknowledged that s/he shall not claim any indemnification from the Seller based on any damage that s/he may suffer due to use of internet sites belonging to the Seller.
Terms and Conditions
The Buyer agrees, represents and undertakes that s/he read and learned characteristics, selling price and payment term and preliminary information related to delivery terms of the said product that is published and ordered via internet site and that it confirmed in electronic environment. By confirming the preliminary information, the Buyer further agrees, represents and undertakes that it has, prior to establishment of distant sales contract, obtained the address required to be provided by the Seller to the Buyer, the basic characteristics of products ordered, the price of products including taxes, and information about payment and delivery completely and accurately.
The Seller is responsible for delivery of the product under the contract in sound, complete and proper manner specified in the order and if any, along with warranty certificates and user’s manuals. In case of the failure of the Seller to fulfill its contractual obligations if it becomes impossible to provide the product or the service ordered, it agrees, represents and undertakes that it shall inform the consumer about this situation prior to the expiry of duration given for fulfillment of its contractual obligation, and that it shall
reimburse the total price to the Buyer within a period of 10 days.
This contract must be confirmed electronically by the Buyer for delivery of the product under the contract. If price of the product is not paid and/or is removed from bank records for any reason whatsoever, the Seller is considered to have been released from its obligation of delivering the product.
In case of non-payment of the product price to the Seller by the relevant bank or financial institution due to wrong or illegal use of the Buyer’s credit card by unauthorized persons in a way that cannot be attributed to the Buyer’s fault after delivery of the product under this contract, the Buyer is obliged to make payment to the Seller within 3 days, provided that the product has been delivered to the Buyer in brand new conditions. In this case, shipping costs shall be borne by the Buyer.
If the Seller cannot deliver the product under the contract in timely manner due to force major events or extraordinary circumstances such as weather conditions preventing transport and shipping, etc., it is obliged to notify the Buyer about the situation. In such case, the Buyer is entitled to exercise one of his/her rights for cancellation of order, replacement of the product under the contract with an equivalent product, if any, and/or postponement of delivery period until removal of impeding condition.
If the Buyer cancels the order, the payment made by the Buyer is paid back to him/her in cash and at once within 10 days. And in payments made by credit card, the amount of product is returned back to relevant bank within 7 days after cancellation of order by the Buyer. The Buyer agrees, represents and undertakes that it would take 2 or 3 weeks to reflect the amount returned back to credit card by the Seller into the Buyer’s account by the relevant bank and that the Buyer shall not hold the Seller responsible for possible delays since
reflection of such amount to the accounts after it has been returned back to the bank is completely related to the bank’s operation processes.
If the holder of the credit card used during order is not the same person with the Buyer or if a security gap is detected related to the credit card used for order, the Seller may request the Buyer to provide the credit card holder’s identification and communication information, abstract of credit card used for order, belonging to previous month or a letter from the bank of the card holder, indicating that the credit card belongs to him/her.
During the period until provision of requested information/documents by the Buyer, the order shall be frozen, and if the aforementioned demands are not met within 24 hours, the Seller is entitled to cancel the order. The Buyer shall not use the Seller’s website in a manner disturbing the peace, against public morality, annoying and abusing others, violating laws, and encroaching the material and moral rights of others. Moreover, the member may not engage in any activity to prevent or obstruct the use of services by others. A member, who is in breach of one or more articles listed in this membership contract, is personally responsible for such breach in penal and legal terms. If such event is referred to the court due to this breach, the Seller’s right to claim indemnification against the member based on violation of the membership contract is reserved.
RIGHT OF WITHDRAWAL
The Buyer is entitled to withdraw within seven (7) days following delivery of the product under the contract to him/her or to a person/entity at the address designated by him.
In order to exercise the right of withdrawal, the Buyer shall complete a return form given in the section “My Account” on the website within 7 days, and notify the Seller via e-mail according to the guidance mail to be sent to him/her. After receiving the e-mail relating to the return, the Seller shall evaluate the situation, and decide whether to accept or reject such claim for return. In case the acceptance of return, a confirmation mail shall be sent to the Buyer. The Buyer agrees, represents and undertakes that s/he may not return the good
before receiving the confirmation mail.
The product must be unused under the provisions of article 11. If this right is exercised, the original invoice and a copy of courier delivery record indicating that the product delivered to a third person or the Buyer has returned back to the Seller must be returned. If the invoice of good required to be returned has been issued on behalf of a legal entity, a return invoice must be issued by such legal entity. If a return invoice is not issued for product invoiced to a legal entity, the withdrawal procedure shall not be completed. The product price is
returned to the Buyer within 7 days after receipt of these documents. If the original invoice is not sent, then VAT and if any, other liabilities cannot be returned. The courier cost for any product returned back due to the right of withdrawal is borne by the Buyer.
If impairment occurs in the value of the good to be returned due to the Buyer’s fault or if returning of such good becomes impossible, the Buyer shall be responsible for compensating the Seller’s damages prorate to his/her fault.
PRODUCTS NOT ELIGIBLE FOR RIGHT OF WITHDRAWAL
Return of products which are specifically designed and customized based on the Buyer’s requirements is definitely not accepted.
If packaging of underwear bottom pieces, swimwear and bikini bottoms, make-up, cosmetics which are not suitable for returning due to their nature, and of goods having a risk of rapid deformation or have an expiry date that is likely to lapse, and of audio or video records, software programs and computer consumables is opened by the Buyer, the return of such products is not possible according to the Regulation.
EVENT OF DEFAULT AND LEGAL CONSEQUENCES
If the Buyer falls in default in transactions made by credit card, the card holder agrees, represents and undertakes that s/he shall pay an interest and be responsible against bank within the frame of credit card contract signed with the bank. In such case, the bank in question may take legal action, request any costs and attorney fees to occur from the Buyer, and in every case, if the Buyer falls in default due to his/her financial obligations, the Buyer agrees, represents and undertakes that s/he shall pay any loss and damage to be
incurred by the Seller due to delayed fulfillment of obligation.
The Parties accepts that Arbitration Committees for Consumer and Consumer Courts situated in the area where the Buyer purchased the good or service and where the Buyer resides shall have jurisdiction in disputes in relation to execution and interpretation of the Contract up to a value announced by the Presidency of Science, Industry and Technology of the Republic of Turkey.
The Seller may refer to the arbitration committee for consumer problems or the consumer court situated in the area where the Buyer purchased the good or service or where the buyer resides for his/her claims and objections within the monetary limits set out in December of each year by the Presidency of Science, Industry and Technology of the Republic of Turkey. Information about monetary limit is as follows: Effective 01.01.2013: Regarding that the decisions of arbitration committees for consumer problems will be binding, the upper monetary limit or regarding that they will have evidentiary value before the consumer courts stipulated in
paragraphs 5 and 6 of amended article 22 of the Law on the Protection of Consumer No. 4077, the lower
monetary limit is 1.191,52 TL.
Regarding that the provincial arbitration committees acting in cities with metropolitan status will have competent jurisdiction under paragraph third of article 5 of the Regulation on Arbitration Committees for Consumer Problems published in the Official Gazette numbered 25186, dated 01.08.2003, the lower monetary limit is 3.110,58 TL.
This contract is executed for commercial purposes
In case the payment for order placed via website is realized, the Buyer shall be deemed to have accepted all terms of this contract.