RETURN AND REFUND POLICY
1.Parties
This Return and Refund Policy (“Policy”) has been prepared by Tibet Atıcı, operating at Fahrettin Altay Mahallesi, Oyak Sitesi, 2/11 Sokak, 20. Blok No: 9, Daire: 5, Karabağlar/İzmir address with Turkish Tax Identification Number 7540458523 (“Seller”), for the purpose of informing the person who purchases its services/products through the website aticizm.com (“Buyer”), whose details are given below and constitutes an integral part of the Delivery and Return Terms and Conditions and Distance Sales Agreement (“Agreement”) executed between parties.
The Buyer and the Seller shall hereinafter be individually referred to as a “Party” and collectively as the “Parties”.
The Buyer acknowledges, declares and undertakes that they have read the entire Policy, fully understand its content and approve all its provisions.
2.Subject Matter
The subject of this Policy is the determination of the rights and obligations of the Parties, regarding the return of the product and refund of the price for the product ordered electronically by the Buyer through the Seller’s website aticizm.com, in accordance with the provisions of the Turkish Commercial Code, the Turkish Code of Obligations, Law No. 6502 on the Protection of Consumers, and the Regulation on Distance Contracts.
The Buyer acknowledges, declares, and accepts, within the framework of this Policy, that the Buyer has been informed in a clear, comprehensible, and internet-appropriate manner about Seller’s name, trade name, registered address, telephone number, and other contact details, as well as the return and refund conditions, that such preliminary information has been electronically confirmed by the Buyer; and that the order was subsequently placed.
3. Return in Case of Non-Performance and Defect
3.1. In the event that it becomes impossible to fulfill the product or service order, the Seller shall notify the Buyer in writing or via a durable medium within three (3) days from the date it becomes aware of such impossibility, and shall refund all payments received, including any delivery costs if applicable, to the Buyer no later than fourteen (14) days from the date of notification.
3.2. In the event that the Buyer’s credit card is used by unauthorized persons in an unjust or unlawful manner, not due to the Buyer’s fault, and the relevant bank or financial institution does not pay the price of the goods or services to the Seller, the Buyer is obliged to return the goods or services to the Seller within three (3) days, provided that they have been delivered to the Buyer. In this case, delivery costs shall be borne by the Buyer.
3.3. The services provided by the Seller are intended for end consumers within the scope of retail sales; if the Seller suspects that the Buyer intends to resell the goods, the Seller reserves the right to cancel the order and withhold delivery of the products, even if this Agreement has been concluded.
3.4. The Buyer must inspect the product before taking delivery. Products that are defective or damaged and detectable by ordinary inspection must not be accepted from the Seller’s representative or the shipping company. If the Buyer fails to inspect the product and takes delivery, they shall be deemed to have accepted the product as sound and undamaged.
4. Right of Withdrawal of the Buyer
4.1. The provisions and conditions set forth under this Article 4 shall only apply if the Buyer qualifies as a consumer within the meaning of the relevant legislation.
4.2. For Buyers who qualify as consumers under Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, the right of withdrawal and its exercise are as follows:
Pursuant to the relevant provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts;
The consumer Buyer has the right to withdraw from the contract without giving any reason and without incurring any penalty, within fourteen (14) days from the date of conclusion of the contract in the case of service contracts, and within fourteen (14) days from the date of receipt of the goods in the case of distance sales of goods. It is sufficient that the notification regarding the exercise of the right of withdrawal is made to the Seller in writing or via a durable medium within this period. The contact information of the Seller to which the withdrawal notification can be sent is as follows:
Full Address: Fahrettin Altay Mahallesi, Oyak Sitesi, 2/11 Sokak, 20. Blok No: 9, Daire: 5, Karabağlar/İzmir
E-mail: tibet@aticizm.com
The consumer Buyer shall be informed immediately after the notification regarding the exercise of the right of withdrawal reaches the Seller.
4.3. The Seller shall refund all payments made by the consumer Buyer for the relevant goods or services to the Seller, including any delivery costs, within fourteen (14) days from the date the Seller receives the notification regarding the exercise of the right of withdrawal, using the same payment method used for the purchase and without imposing any cost or obligation on the consumer Buyer.
4.4. In case the consumer Buyer exercises the right of withdrawal, the carrier company responsible for receiving the returned product shall be DHL Express, which is the carrier company contracted by the Seller. If the goods are returned via the carrier specified herein, the consumer Buyer shall not bear any costs related to the return. If the consumer Buyer uses a carrier other than the Seller’s contracted carrier for returning the goods, the Seller shall not be responsible for return shipping costs or any damage that may occur during shipment. If the contracted carrier does not have a branch in the consumer Buyer’s location, the Seller shall ensure the collection of the goods from the consumer Buyer without requesting any additional cost.
4.5. The consumer Buyer must return the goods to the Seller within ten (10) days from the date of submitting the notification regarding the exercise of the right of withdrawal. The returned goods must include the invoice, box, packaging, any standard accessories, and any promotional gifts provided with the purchase, all in complete and undamaged condition. The consumer Buyer must use the goods in accordance with their functionality, technical specifications, and user instructions during the withdrawal period; otherwise, the Buyer shall be liable for any changes or damage to the goods.
4.6. Refunds of order payments made via bank accounts or credit cards and the reflection of these refunds to the consumer Buyer’s account are entirely dependent on the banking process. Therefore, the Seller cannot intervene in case of possible delays. Consequently, it may take a long time for the refunded amount to appear in the consumer Buyer’s bank account or on their credit card.
4.7. Pursuant to Article 15 of the Distance Sales Regulation, the right of withdrawal of the consumer Buyer does not apply to contracts: (a) for goods or services whose price depends on fluctuations in financial markets beyond the control of the Seller or supplier; (b) for goods prepared according to the consumer’s requests or personal needs; (c) for perishable goods or goods with a limited shelf life; (ç) for goods whose protective elements such as packaging, bands, seals, or wrappers have been opened after delivery, making them unsuitable for return for health and hygiene reasons; (d) for goods that are mixed with other products and cannot be separated due to their nature; (e) for tangible books, digital content, and computer consumables if the protective elements such as packaging, bands, seals, or wrappers have been opened after delivery; (f) for the delivery of newspapers and magazines, except for subscription agreements; (g) for contracts related to services that must be performed on a specific date or period, such as accommodation, transportation of goods, car rental, food and beverage supply, and leisure or entertainment services; (ğ) for services delivered immediately electronically or intangible goods delivered instantly to the consumer; and (h) for services that have started with the consumer’s consent before the expiration of the withdrawal period. The consumer Buyer cannot exercise the right of withdrawal in these contracts.