Cancellation and Return Conditions

RIGHT OF WITHDRAWAL

The CONSUMER has the right to withdraw from the agreement by rejecting/returning the goods within 14 (fourteen) days from the date on which the goods are delivered to the CONSUMER or to the third party/ organisation at the address specified by the CONSUMER, without assuming any legal or criminal liability and without providing any reason.

In order to exercise the right of withdrawal, the SELLER must be notified that this right is being exercised within the withdrawal period. Such notification must be made in writing to the SELLER’s address at Mehmet Nesih Özmen Mah. Sedir Sok. No:5 İç Kapı No:1 GÜNGÖREN/ İSTANBUL, by email sent to the permanent data storage medium at info@maqre.com, or by submitting an easy return request through the website or mobile application.

When exercising the right of withdrawal, the CONSUMER shall deliver the following to the SELLER:

• The invoice for the product delivered to the CONSUMER or to the person designated by the CONSUMER as the Person to Whom Delivery Shall Be Made,
• The products to be returned (**), complete and undamaged, together with their box, packaging, standard accessories, if any, and attachments.

(**) Returns of products whose packaging has been opened or which have been used, damaged, or otherwise altered shall not be accepted, and their price shall not be refunded. The customer is obliged to return the product in the condition in which it was delivered and, if the product has been used, to compensate for any loss in its commercial value resulting from such use.

Products believed to have been damaged during shipment, or products with any deficiency or damage, must be returned to the courier making the delivery, and the product must be delivered after a damage report has been prepared by the cargo company. This is because, once the product has been accepted, you shall be deemed to have acknowledged that the cargo company has fully performed its duty. Therefore, the SELLER accepts no liability in this regard.

If more than one product is to be returned within the scope of the right of withdrawal, the CONSUMER must return all products to be returned in a single shipment. If multiple products requested to be returned are sent separately within the return period, the SELLER shall bear only the shipping cost relating to the first product sent, and the CONSUMER shall bear the shipping costs for the other products.

If the value of the product returned by the CONSUMER within the scope of the right of withdrawal decreases due to the CONSUMER’s fault, or if the product is destroyed due to the CONSUMER’s fault, the CONSUMER must compensate the SELLER for the value of the product or the decrease in its value.

Within no later than 10 (ten) days from the date on which the withdrawal notification reaches the SELLER, the SELLER shall immediately take the necessary action with the relevant bank for the product price to be refunded to the CONSUMER’s bank account or credit card account in accordance with the payment instrument used by the CONSUMER for the purchase.

Within the scope of the right of withdrawal, provided that the CONSUMER sends the product/service to be returned to the SELLER through the SELLER’s contracted cargo company specified in this Agreement, the return shipping cost shall be borne by the SELLER. If there is no branch of the SELLER’s contracted cargo company at the CONSUMER’s location, the CONSUMER may send the product through any cargo company, in which case the shipping cost shall be borne by the SELLER. If the CONSUMER sends the goods to be returned through a cargo company other than the SELLER’s contracted cargo company specified in this Agreement, the SELLER shall not be responsible for the return shipping cost or for any damage incurred by the goods during the shipping process. The shipping costs of products sent to the SELLER without a withdrawal notification having been made shall be borne by the CONSUMER. The CONSUMER acknowledges and agrees that they shall pay the relevant shipping costs in such a case.

If this right is exercised, a copy of the cargo delivery report showing that the product delivered to the third party or the CONSUMER has been sent to the SELLER, together with the original invoice, must be returned. If the original invoice is not sent, VAT and any other statutory obligations, if applicable, cannot be refunded.

Upon exercise of the right of withdrawal, the ancillary agreements between the CONSUMER and the SELLER shall terminate without any obligation to pay costs, compensation, or penalties.

PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The CONSUMER may not exercise the right of withdrawal in relation to the following agreements:

a) Agreements relating to goods or services whose prices vary depending on fluctuations in financial markets and which are beyond the SELLER’s control.

b) Agreements relating to products prepared in accordance with the CONSUMER’s requests or personal needs.

c) Agreements relating to the delivery of goods that are liable to deteriorate rapidly or may expire.

d) Agreements relating to products whose protective elements, such as packaging, tape, seals, or packages, have been opened after delivery and whose return would be unsuitable for health and hygiene reasons (such as underwear, swimwear and beachwear, cosmetics, perfume, and earrings).

e) Agreements relating to products which, after delivery, become mixed with other products and cannot, by their nature, be separated.

f) Agreements relating to services performed instantly in an electronic environment and intangible goods delivered instantly to the BUYER.

GENERAL PROVISIONS

The CONSUMER declares that they have read and obtained information on the SITE regarding the basic characteristics of the product(s), the sales price, the payment method, delivery, and other preliminary information, and that they have provided the necessary confirmation regarding these matters electronically.

The CONSUMER shall make payment in advance or by instalments using a credit card or debit card, and the products shall be delivered by cargo to the Delivery Address within no later than 30 (thirty) days from the date on which the order is transmitted to the SELLER.

Even if the CONSUMER is not present at the address at the time of delivery, the SELLER shall be deemed to have fully and completely performed its obligation. Therefore, the CONSUMER shall bear any damages arising from the CONSUMER’s late receipt of the product, as well as any expenses incurred due to the product being held by the cargo company and/or the cargo being returned to the SELLER.

The shipping fee, which constitutes the product delivery cost, is not included in the product price and shall be paid by the CONSUMER.

The SELLER may not be held liable if the products cannot be delivered within the period and/or in the manner specified in this Agreement due to the CONSUMER’s fault or negligence.

If there is no branch of the cargo company at the CONSUMER’s location, the CONSUMER must collect the product from another nearby branch of the cargo company specified by the SELLER.

The delivery date for products indicated on the website as the “estimated delivery date” is provided as an estimate, and this statement does not constitute any commitment.

If it becomes impossible to supply the product subject to the order, the SELLER shall notify the CONSUMER of this situation within the delivery period specified in the agreement and shall refund the total amount to the CONSUMER within 10 (ten) days.

Unless otherwise stipulated in writing by the SELLER, the CONSUMER must have paid the full price of the product before taking delivery of it. If, in cash sales, the product price has not been paid in full to the SELLER before delivery, or if, in instalment sales, an instalment that has become due has not been paid, the SELLER may unilaterally cancel the agreement and refrain from delivering the product.

If, following delivery of the product, the credit card belonging to the CONSUMER is used unfairly or unlawfully by unauthorised persons, or if the relevant bank or financial institution fails to pay the product price to the SELLER or cancels the payment for any other reason, the product shall be returned by the CONSUMER to the SELLER within no later than 7 (seven) days, with all expenses borne by the CONSUMER. In such a case, the shipping cost shall be borne by the CONSUMER. All other contractual and statutory rights of the SELLER, including the right to pursue its receivable for the product price without accepting the return, are reserved in all circumstances. The SELLER shall have no liability for payments made to the SELLER by the bank and/or financial institution in cases where a failure code is sent by the bank and/or financial institution for any reason.

If the SELLER is unable to deliver the product(s) subject to the agreement within the prescribed period due to force majeure, weather conditions preventing delivery, disruption of transportation, or other extraordinary circumstances, the SELLER shall notify the CONSUMER of this situation. In such a case, the CONSUMER may exercise one of the following rights: (i) cancellation of the order, (ii) replacement of the product(s) subject to the agreement with an equivalent product, if available, and/or (iii) postponement of the delivery period until the force majeure/preventive circumstance ceases to exist. If the CONSUMER cancels the order, the total amount paid shall be refunded to the CONSUMER in cash and in a single payment within 10 (ten) days. For payments made by the CONSUMER by credit card, the amount of the product(s) shall be refunded to the relevant bank within 10 (ten) business days after the order is cancelled by the CONSUMER. Since the transfer of this amount to the CONSUMER’s account following its refund to the bank is entirely related to the bank’s processing procedures, the CONSUMER acknowledges and agrees that it shall not be possible for the SELLER to intervene in any potential delays and that the time required for the amount refunded to the credit card by the SELLER to be credited by the bank to the CONSUMER’s account is not the responsibility of the SELLER.

COURT WITH JURISDICTION OVER THE RESOLUTION OF DISPUTES

For the resolution of disputes that may arise from this agreement, the Consumer Arbitration Committees and Consumer Courts at the place where the CONSUMER purchased the goods or services and where the CONSUMER resides shall have jurisdiction, up to the monetary limit announced by the Ministry of Trade. District/provincial consumer arbitration committees shall have jurisdiction over consumer claims in accordance with the lower and upper monetary limits specified in paragraph 1 of Article 68 of Consumer Protection Law No. 6502.