In the event that the Service subject to the contract is immediately made available to the BUYER and the licence subject to the service is obtained, the Customer cannot use the right of withdrawal by stating / not stating any reason after payment.
Since Qapera is a service/software that is immediately delivered to the Customer in electronic environment and immediately utilised, it cannot be returned. Since the service will be started to be performed when the customer starts to benefit from the software immediately after becoming a member, the right of withdrawal cannot be used even if the BUYER is a consumer.
In cases where the Service is not started to be provided immediately, if the Buyer is a consumer within the scope of the Law No. 6502 on the Protection of Consumers and the sale is within the scope of the said law;
The Buyer may return the goods / services purchased without any legal and criminal liability and without any justification within 14 (fourteen) days from the date of delivery by exercising the right of withdrawal. However, the consumer may also exercise the right of withdrawal within the period from the establishment of the contract until the delivery of the goods.
Notifications regarding the right of withdrawal and the Agreement will be sent via the communication channels specified in the Platform. In order to exercise the right of withdrawal, it is essential to notify the Seller in accordance with the provisions of the legislation and the option to use the right of withdrawal on the Platform.
The consumer may exercise the right of withdrawal over the internet by sending the withdrawal request to the address or fax number of the Buyer specified above and on the site, or by sending an e-mail to firstname.lastname@example.org from the e-mail address of the membership account.
Confirmation information regarding the receipt of the withdrawal requests submitted by the consumers by Qapera will be notified to the e-mail address of the consumer registered in the system.
If the right of withdrawal is exercised:
a) The subscription is closed by Qapera and access to the content is not possible.
b) In cases where the BUYER uses the right of withdrawal, in cases where it is decided to refund the price to the BUYER with the decisions of the arbitration committee, if the shopping is made by credit card and in instalments, the refund procedure to the credit card is specified below:
Qapera will not be responsible for delays caused by your bank. No matter how many instalments the BUYER has purchased the product, the Bank makes the refund to the BUYER in instalments. After the SELLER pays the full amount of the product price to the bank at one time, in case of the return of the instalment expenditures made from the Bank’s poses to the BUYER’s credit card, the requested refund amounts are transferred to the bearer party accounts by the Bank in instalments in order to prevent the parties involved in the matter from becoming victims. The instalment amounts paid by the BUYER until the cancellation of the sale, if the return date and the account cut-off dates of the card do not coincide, 1 (one) refund will be reflected on the card every month and the BUYER will receive the instalments paid before the return for the number of months after the instalments of the sale are over and will be deducted from the existing debts.
c) The User / Buyer agrees in advance that the Payment Institution will deduct a commission fee from the amount collected by the Payment Institution at varying rates over time and according to the transaction, and in the event of any refund without the fault of Qapera, the commission, costs, service fees, taxes and similar expenses to be deducted by the payment institution, bank and other third parties will be charged to the User / Buyer and will not be refunded.
Cases where the right of withdrawal cannot be used:
The right of withdrawal cannot be used in the following cases:
a) In contracts for goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the seller (Jewellery, gold and silver category products)
b) In contracts for the delivery of goods which are prepared in accordance with the wishes of the consumer or explicitly in line with his personal needs, which are not suitable for return due to their nature and which are in danger of spoilage or whose expiry date is likely to expire
c) In contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery, and whose return is not suitable in terms of health and hygiene
d) In contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature
e) Contracts for books, audio or video recordings, software programmes and computer consumables (all kinds of software and programmes, DVDs, VCDs, CDs and cassettes, computer and stationery consumables (toner, cartridge, ribbon, etc.) telephone top-up orders) provided that the protective elements such as packaging, tape, seal, package have been opened by the consumer
f) Contracts for the delivery of periodicals such as newspapers and magazines other than those provided under the subscription agreement
g) Contracts for accommodation, carriage of goods, car hire, supply of food and beverages and leisure time for the purpose of entertainment or recreation, which must be concluded on a specific date or period
h) In contracts for the performance of services related to betting and lottery
ı) Before the expiry of the right of withdrawal period, in contracts for services that are started to be performed with the consent of the consumer
i) In the contracts regarding the services performed instantly in electronic environment and the contracts regarding the intangible goods delivered to the consumer instantly and in the event that the Goods / Services subject to the contract are composed of the types of Goods / Services that are excluded from the application area of the Distance Contracts Regulation (foodstuffs, beverages or other daily consumption items delivered to the buyer’s residence by regular deliveries of the seller and services in areas such as travel, accommodation, restaurant, entertainment sector), the right of withdrawal cannot be used since the provisions of the Distance Contracts Regulation cannot be applied to the legal relationship between the Buyer and the Seller.
Resolution of Disputes
In case the sale is within the scope of the “Law on the Protection of Consumers”, the Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchases the Goods or Services and where the Buyer’s residence is located are authorised up to the value announced by the Ministry of Commerce. In accordance with the lower and upper limits specified in paragraph 1 of Article 68 of the Law No. 6502 on Consumer Protection, district/provincial consumer arbitration committees are authorised for consumer claims.
If the sale is not within the scope of the aforementioned law, the dispute shall be resolved in Istanbul Central (Çağlayan) Courts and Execution Offices in accordance with the general rules of law.
IF THE PRICE OF THE PURCHASED PRODUCT IS NOT PAID:
If the Buyer does not pay the price of the purchased product or cancels it in the bank records, the Seller’s obligation to deliver the product ends.
PURCHASES MADE WITH UNAUTHORISED USE OF CREDIT CARD:
After the product is delivered, if it is determined that the credit card paid by the buyer is used unfairly by unauthorised persons and the price of the product sold is not paid to the Seller by the relevant bank or financial institution, the Buyer must return the product subject to the contract to the SELLER within 3 days at the expense of the SELLER.
IF THE PRODUCT CANNOT BE DELIVERED ON TIME DUE TO UNFORESEEN REASONS:
If force majeure occurs that the Seller cannot foresee and the product cannot be delivered on time, the situation is notified to the Buyer. The Buyer may request cancellation of the order, replacement of the product with a similar one or postponement of delivery until the obstacle is removed. If the Buyer cancels the order; If the payment has been made in cash, this fee will be paid in cash within 14 days from the cancellation. If the buyer has made the payment by credit card and cancels it, the product price will be returned to the bank within 14 days from this cancellation, but the bank is likely to transfer it to the buyer’s account within 2-3 weeks.
BUYER’S OBLIGATION TO CHECK THE PRODUCT:
The buyer shall inspect the goods / services subject to the contract before receiving it; dents, broken, torn packaging, etc. damaged and defective goods / services from the cargo company. The delivered goods / services shall be deemed to be undamaged and intact. The BUYER must carefully protect the goods / services after delivery. If the right of withdrawal is to be used, the goods / service should not be used. The invoice must be returned with the product.
RIGHT OF WITHDRAWAL:
BUYER; Within 14 (fourteen) days from the date of delivery of the purchased product to him / her or the person / organisation at the address indicated, he / she may exercise his / her right of withdrawal from the contract by rejecting the goods without any legal and criminal liability and without any justification, provided that he / she notifies the SELLER via the contact information below.
CONTACT INFORMATION TO BE NOTIFIED OF THE SELLER’S RIGHT OF WITHDRAWAL:
DURATION OF THE RIGHT OF WITHDRAWAL:
If the buyer purchases a service, this 14-day period starts from the date the contract is signed. Before the expiry of the right of withdrawal, the right of withdrawal cannot be used in service contracts where the performance of the service is started with the approval of the consumer.
The costs arising from the use of the right of withdrawal belong to the SELLER.
In order to exercise the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not be used within the framework of the provisions of “Products that cannot be used for the Right of Withdrawal” regulated in this contract.
EXERCISE OF THE RIGHT OF WITHDRAWAL:
3rd person or the invoice of the product delivered to the BUYER, (If the invoice of the product to be returned is corporate, it must be sent together with the return invoice issued by the institution when returning. Returns of orders whose invoice is issued on behalf of institutions will not be completed if the RETURN INVOICE is not issued).
The return form, the box, packaging, standard accessories, if any, of the products to be returned must be delivered complete and undamaged.
The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the receipt of the withdrawal notification and to return the goods within 20 days.
If there is a decrease in the value of the goods for a reason arising from the fault of the BUYER or if the return becomes impossible, the BUYER is obliged to compensate the SELLER’s damages in proportion to its fault. However, the BUYER is not responsible for the changes and deterioration caused by the proper use of the goods or the product within the right of withdrawal period.
In the event that the campaign limit amount issued by the SELLER falls below the campaign limit amount due to the use of the right of withdrawal, the discount amount benefited within the scope of the campaign shall be cancelled.
PRODUCTS THAT CANNOT USE THE RIGHT OF WITHDRAWAL:
Underwear bottom parts, swimwear and bikini bottoms, make-up materials, disposable products, disposable products, goods that are in danger of spoiling quickly or with the possibility of expiry date, products that are not suitable for health and hygiene to be returned if the packaging is opened by the BUYER after delivery to the BUYER, products that are mixed with other products after delivery and cannot be separated by nature, Except for those provided within the scope of the subscription agreement, goods related to periodicals such as newspapers and magazines, services performed instantly in electronic media or intangible goods delivered to the consumer instantly, and audio or video recordings, books, digital content, software programmes, data recording and data storage devices, computer consumables, if the packaging is opened by the BUYER, it is not possible to return them in accordance with the Regulation. In addition, before the expiry of the right of withdrawal period, it is not possible to use the right of withdrawal regarding the services started to be performed with the approval of the consumer in accordance with the Regulation.
Cosmetics and personal care products, underwear products, swimwear, bikinis, books, copyable software and programmes, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridge, ribbon, etc.) must be unopened, untested, intact and unused in order to be returned.
DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares and undertakes that if he/she defaults in the event that he/she makes payment transactions by credit card, he/she will pay interest within the framework of the credit card agreement between the cardholder bank and the bank and will be liable to the bank. In this case, the relevant bank may apply for legal remedies; may request the costs and attorney’s fee from the BUYER and in any case, if the BUYER defaults due to the BUYER’s debt, the BUYER agrees to pay the loss and loss incurred by the SELLER due to the delayed performance of the debt.
PAYMENT AND DELIVERY
By Bank Transfer or EFT (Electronic Funds Transfer), …………, ………, you can make any of our bank accounts (TL).
With your credit cards through our website, you can benefit from online single payment or online instalment opportunities for all kinds of credit cards. For online payments, the amount will be debited from your credit card at the end of your order.