NOVARIS COSMETICS INDUSTRY AND TRADE JOINT STOCK COMPANY
DISTANCE SALES, CANCELLATION AND REFUND AGREEMENT
1. SUBJECT OF THE AGREEMENT
1.1.
The subject of this Agreement is to determine the rights and
obligations of the Parties regarding the sale and delivery of the
goods/services ordered electronically by the Buyer through the www.essay.com.tr platforms
belonging to the Seller, in accordance with the Consumer Protection Law No.
6502 and the Regulation on Distance Contracts.
The Buyer accepts and declares that they have been informed
about all preliminary information regarding the essential characteristics,
sales price, payment method, delivery conditions of the goods/services, as well
as the right of withdrawal, have confirmed these preliminary details
electronically, and have subsequently placed the order for the goods/services
under this Agreement.
The preliminary information text, distance sales contract
and invoice provided on the www.essay.com.tr payment page form an integral part of
this Agreement.
2. GENERAL PROVISIONS
2.1.
By placing an electronic order through the platform, you are
deemed to have accepted the preliminary information form and the distance sales
contract presented to you. Without approving these documents, no order can be
completed.
2.2.
All consumers using the internet to make purchases and
deliveries are subject to the Consumer Protection Law No. 6502, the Distance
Contracts Regulation (Official Gazette: 24.05.2025/32909), and all other
applicable laws.
2.3.
Unless otherwise specified clearly in the sales listing, all
transportation and shipping costs arising during the shipment of the product
shall be covered by the Seller.
2.4.
The maximum delivery period for purchased products is 30
days. If the product is not delivered within this legal timeframe, the Buyer
reserves the right to unilaterally terminate the Agreement. The Parties agree
that Novaris Kozmetik Sanayi Ticaret A.Ş.’s platform shall not be held
responsible for any damages arising from late or failed delivery.
2.5.
The purchased product must be delivered in the physical
condition and specifications stated in the order. If applicable, warranty
certificates and user manuals must be delivered along with the product.
2.6.
If it becomes impossible to supply the purchased product,
the Seller must notify the Buyer within 3 days of learning this. Legally, the
product price must be refunded within 14 days.
2.7.
The services provided by the Seller fall within the scope of
retail sales to consumers. If the Seller suspects that the Buyer intends to
resell the products, the Seller reserves the right to cancel the order and
refuse delivery of the products, even if the Agreement has been formed.
3. IF THE PURCHASE PRICE IS NOT PAID
3.1.
If the Buyer fails to pay for the purchased product on time
or cancels the payment instructions given to the bank, the Seller is not
obligated to deliver the product.
4. FAILURE TO DELIVER THE PRODUCT ON TIME DUE TO
UNFORESEEABLE CIRCUMSTANCES
4.1.
If unforeseen and unavoidable reasons prevent delivery, the
Buyer shall be informed within 3 days. The Buyer may request cancellation of
the order, replacement with a similar product, or a postponement until the
obstacle is removed.
If the order is cancelled, the Seller must refund the
payment to the Buyer within 14 days. The same period applies to credit card
payments, but the bank's transfer of the funds to the Buyer may take 2–3 weeks.
5. BUYER’S OBLIGATION TO INSPECT THE PRODUCT
5.1.
The Buyer declares that they have read and confirmed all
preliminary information regarding the product’s essential features, price,
payment terms and delivery conditions.
Upon delivery, the Buyer must check whether the product is
damaged (crushed, broken, torn packaging, etc.) and return the damaged product
to the courier. Accepting the delivery means the product is undamaged and meets
expectations.
If exercising the right of withdrawal, the Buyer must not
use the product and must keep it in good condition after delivery.
6. RIGHT OF WITHDRAWAL
6.1.
The Buyer may return the Product within 14 days from
the delivery date, without providing any reason.
If the right of withdrawal is exercised, the product must not be used. The
invoice must be returned with the product.
If the Buyer returns the product using a carrier other than
the one specified in the Preliminary Information Form or Distance Sales
Agreement, the return shipping cost belongs to the Buyer.
How to Make a Return
Returns are processed through:
- www.essay.com.tr
- Mobile
application
- Official
WhatsApp line
There is no direct “Return” button on the website. To
initiate a return:
- Contact
our official WhatsApp line (+90 545 170 30 30).
- Provide
your order number, return request, and reason.
- After
approval, you will receive a return shipping code.
- Prepare
the product(s) and the invoice in a single package.
- Deliver
the package to the specified cargo company within 7 days using the return
code.
- If
you miss the 7-day window, a new return code must be requested.
For questions, you may contact our WhatsApp support line.
6.2.
The return shipping code can also be found under “My Orders”
or in the notification email sent to your registered email address.
6.3.
If the Buyer’s credit card is used unauthorizedly by third
parties after product delivery, causing the bank to refuse payment to the
Seller, the Buyer must return the product unused and without defects within 3
days. Shipping costs belong to the Buyer.
7. CONTACT INFORMATION FOR WITHDRAWAL NOTIFICATIONS
The Seller’s corporate information for notifications
regarding the right of withdrawal is as follows:
Company Name: Novaris Kozmetik Sanayi Ticaret
Anonim Şirketi
Address: Merkez Mahallesi Kağıthane Caddesi No:39 B/1 Kağıthane /
İstanbul
Email: [email protected]
Phone: +90 545 170 303
8. WITHDRAWAL PERIOD
8.1.
For services, the withdrawal period begins at the moment
this Agreement is signed. If the Buyer approves the service and usage begins
before the withdrawal period ends, the right of withdrawal may not be
exercised.
8.2.
If the reason for return is size incompatibility, dislike,
etc., return shipping costs belong to the Buyer unless otherwise specified in
the sales listing.
9. USE OF THE RIGHT OF WITHDRAWAL
9.1.
According to the Tax Procedure Law Communiqué No. 509, for
individual customers, the return section on the bottom of the invoice must be
fully completed, signed, and returned with the product.
For corporate invoices, a return invoice must be issued and sent; otherwise,
the return process cannot be completed.
9.2.
The return form, product packaging, box, and all accessories
must be returned unused, intact, and complete.
9.3.
If multiple products are purchased, the Buyer may exercise
withdrawal for all or some of them. Only the price of the returned items will
be refunded.
9.4.
The Buyer is responsible for any depreciation caused by use
during the return period. Depreciation exceeding normal inspection may be
deducted from the refund.
9.5.
Free promotional or campaign items must also be returned;
otherwise their value may be deducted from the refund.
Return Conditions
I.) The Seller must refund the full amount
within 14 days from receiving the withdrawal notice and must
receive the returned product within 20 days.
If the product is not delivered back to the Seller, the refund may be withheld.
II.) If depreciation occurs due to Buyer’s
fault, the Seller may offset the damage from the refund.
10. PRODUCTS NOT ELIGIBLE FOR WITHDRAWAL
The Buyer may not exercise the right of withdrawal for:
a) Opportunity, discounted, campaign, coupon products
explicitly labeled as “OPPORTUNITY PRODUCT”,
b) Products with prices dependent on financial market fluctuations,
c) Custom-made products prepared according to Buyer’s requests,
d) Perishable goods or items with a short expiration date,
e) Products whose protective packaging (seal, tape) is opened and which cannot
be returned for health/hygiene reasons,
f) Goods mixed with other items and cannot be separated due to their nature,
g) Audio/video recordings, books, digital content, DVDs, CDs, software,
stationery consumables once packaging is opened,
h) Periodicals such as newspapers and magazines,
i) Services performed instantly or intangible digital goods delivered
instantly,
j) Services performed with Buyer approval before the withdrawal period ends,
k) Underwear, swimwear bottoms, personal care & cosmetics, disposable
items.
10.2.
Products must be unopened, unused, and undamaged.
10.3.
Used, washed, worn or damaged products will be returned to
the Buyer without refund.
10.4.
Products must be returned with all accessories, original
box, and invoice.
10.5–10.7.
Special provisions for fast-perishing goods, cosmetics,
personal care items, software, electronics, and white goods are preserved as in
the original text
11. INFORMATION, PROMOTIONS AND DATA SECURITY
Personal information collected (name, phone, address,
payment details, etc.) is used for order processing, service delivery, payment,
customer communication, marketing, updates, membership management and
logistical operations.
Financial information may be shared with third-party institutions such as banks
or payment processors solely for order processing.
Customers may receive newsletters, SMS, notifications, and
emails unless they opt out.
Demographic information may be shared anonymously with
advertisers for segmentation.
12. DEFAULT AND LEGAL CONSEQUENCES
If the Buyer falls into default in credit card payments,
they accept to pay interest and bear legal and bank expenses. The Seller may
claim damages caused by late payment.
13. PAYMENT AND DELIVERY
Payment may be made by credit card, single installment or
multiple installments.
Delivery occurs within the legal 30-day period unless otherwise stated.
If delivery is requested via a different carrier chosen by
the Buyer, the Seller is not liable for loss/damage after handing the product
to the carrier.
If unexpected circumstances prevent delivery, the Buyer may
cancel the order, request a replacement, or postpone delivery. Refunds occur
within 14 days.
14. COMPETENT COURT
In disputes, Consumer Arbitration Committees and Consumer
Courts located in the Buyer’s place of residence or where the goods/services
were purchased are authorized.
15. VALIDITY OF ELECTRONIC RECORDS
Electronic communications (email, WhatsApp, instant
messages, fax) between the Parties are valid and binding evidence.
16. SIGNATURE
This 16-article Agreement is deemed executed through
electronic approval.