Right of Withdrawal

Right of Withdrawal for Consumers

(A consumer is a natural person who enters into a legal transaction for purposes that are not directly related to their commercial or independent professional activity.)

 

Right of Withdrawal

 

You have the right to withdraw from this contract within 30 days without giving any reason.

 

The withdrawal period is 30 days from the day on which you or a third party other than the carrier designated by you receives the goods, provided that you have ordered one or more goods under a single order and these are delivered together. If you have ordered several goods under a single order and these are delivered separately, the withdrawal period is 30 days from the day on which you or a third party other than the carrier designated by you receives the last of the goods.

 

To exercise your right of withdrawal, you must inform us (Bozburun, 7114. Sk. No:5, 20020 Merkez/Denizli, telephone number: 444 3 694, e-mail address: info@ersag.com.tr) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached sample withdrawal form for this purpose, but this is not mandatory.

 

It is sufficient that the notification of the exercise of the right of withdrawal is sent before the withdrawal period has expired.

 

Consequences of Withdrawal

 

If you withdraw from this contract, we will reimburse you for all payments we have received from you, including delivery costs (except for additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and at the latest within 30 days from the day on which we are informed of your decision to withdraw from this contract.

 

For this reimbursement, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this reimbursement.

 

We may withhold the reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

 

You must return or hand over the goods to us immediately and in any event not later than 30 days from the day on which you notify us of your withdrawal from this contract. The deadline is met if you send back the goods before the period of 30 days has expired.

 

You are only liable for any diminished value of the goods resulting from handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

 

Exclusions from the Right of Withdrawal

 

The right of withdrawal does not apply to the following contracts:

 

• The delivery of goods that are not prefabricated and whose production is determined by the individual choice or decision of the consumer or that are clearly tailored to the consumer’s personal needs,
• The delivery of goods that can spoil quickly or whose expiration date would soon be exceeded,
• The delivery of sealed goods which are not suitable for return for health or hygiene reasons if their seal has been removed after delivery,
• The delivery of goods which, after delivery, are inseparably mixed with other items due to their nature,
• The delivery of computer consumables if their packaging has been opened after delivery,
• The delivery of newspapers, journals or magazines with the exception of subscription contracts,
• The provision of services that have begun with the consumer’s consent before the withdrawal period has expired,
• Goods for which the installation or assembly is indicated in the operating instructions and has been carried out by the seller or an authorized service provider.

 

Sample Withdrawal Form

(If you wish to withdraw from the contract, please complete and return this form.)

 

The consumer may submit their dispute to the consumer arbitration board, or, subject to the requirement of applying to mediation before filing a lawsuit pursuant to Article 73/A of the Law, to the consumer court.