KOLAYBİ’ CONDITIONS FOR RIGHT OF WITHDRAWAL
In the event that the contracted Service is immediately made available to the BUYER and the relevant license is obtained.
KolayBi' is non-returnable as it is a service/software immediately made available to and used by the Customer on electronic devices. As service procurement begins when the Customer starts using the software immediately after the registration process, the right of withdrawal cannot be exercised even when the BUYER is the consumer.
If the Service is not provided immediately,and if the Buyer is the consumer under Law No. 6502 on the Protection of Consumers and the sale is also realized within the scope of the mentioned law:
The Buyer can return the goods/services purchased by exercising the right of withdrawal within 14 (fourteen) days after the delivery date without assuming any legal or criminal liability and without providing any reason. However, the consumer may also exercise his/her right of withdrawal within the period between signing the contract and the delivery of goods.
Notifications on the right of withdrawal and the Contract shall be sent via the communication tools specified in the Platform. To exercise the right of withdrawal, the Seller should be notified within the relevant period and in accordance with the legislative provisions and the relevant option specified in the Platform.
The consumer can exercise the right of withdrawal by sending the signed withdrawal request to the address or fax number specified above or on the website, or to the e-mail address firstname.lastname@example.org from the e-mail address registered to the user account.
KolayBi' shall send confirmation of receipt of the consumer's withdrawal request to the consumer's e-mail address registered in the system.
If the right of withdrawal is exercised:
a) KolayBi' shall cancel the subscription, and it shall not be possible to access the content.
b) If the BUYER exercises the right of withdrawal and the arbitration committee decides to refund the relevant amount to the BUYER, the refund procedure for credit card payments in installments is given below:
KolayBi' shall not be responsible for any delays arising from your bank. The Bank refunds the amount to the BUYER in the same number of installments that were paid when the product was purchased. In the event that installment payments from the Bank POS are refunded to the BUYER’s credit card after the SELLER pays the whole amount for the product in a lump sum, the requested refund amounts are transferred by the Bank to the account holders to prevent inconvenience to the parties during the refund process. Installment amounts paid by the BUYER until the cancellation of the sale shall appear as 1 (one) credit card refund every month — if the refund date does not coincide with the card’s cutoff date — and the BUYER shall receive the installment amounts which were paid before the refunds, in the upcoming months in the same number of installments that will be deducted from his/her current debts.
c) The User/Buyer accepts in advance that commissions, which vary over time and according to the transaction performed, will be charged on the amounts collected by the Payment Institution, and that the commissions, costs, service fees, taxes, and similar expenses to be charged by the payment institution, bank or other third parties shall also be incurred by the User/Buyer and shall not be refunded.
Cases Where the Right of Withdrawal Cannot be Exercised:
The right of withdrawal cannot be used in the following cases:
a) In relation to contracts regarding goods or services, the prices of which vary subject to fluctuations in financial markets and beyond the control of the seller (products in the categories of jewelry, gold and silver)
b) In relation to contracts relating to the delivery of goods that are prepared in line with the consumer’s request or personal need, are not suitable for return and can be quickly damaged or expire
c) In relation to contracts regarding the delivery of goods that are not suitable for return in terms of health and hygiene if protective elements such as their packaging, adhesive tape, seal, bag, etc. are unwrapped after delivery
d) In relation to contracts regarding goods that are mixed with other products after delivery and by their nature cannot be separated
e) In relation to contracts regarding books, audio and video recordings, software and computer consumables (all kinds of software and programs, DVDs, VCDs, CDs and cassettes), computer and stationery consumables (printer toners, cartridges, ribbons, etc., phone credits) if protective elements such as their packaging, adhesive tape, seal, bag, etc. are unwrapped after delivery
f) In relation to contracts regarding the delivery of periodicals such as newspapers and magazines, except those provided within the scope of a subscription contract
g) In relation to contracts regarding recreational activities for the purpose of accommodation, moving, car rental, catering and entertainment or relaxation, which should be carried out on a specific date or within a specific period
h) In relation to contracts relating to the performance of services for lottery and betting activities
ı) In relation to contracts regarding services, the performance of which starts with the consumer’s approval before the period for the right of withdrawal expires
i) In relation to contracts relating to services provided instantly via electronic devices, or intangible goods delivered instantly to the consumer, and if the contracted goods/services consist of types that are not included within the application area of the Regulation on Distance Sales (food items, beverages or other daily consumption items delivered to the buyer's address regularly by the seller, as well as services in the travel, accommodation, restaurant and entertainment sectors), the right of withdrawal cannot be exercised, as the provisions of the Regulation on Distance Sales cannot apply to the legal relationship between the Buyer and the Seller.
Settlement of Disputes
Customer Arbitration Committees and Consumer Courts located where the Customer purchased the goods or services or where he/she resides shall be authorized for sales within the scope of the "Law on the Protection of Consumers", up to the amount announced by the Ministry of Trade. District/Provincial Arbitration Committees for consumer requests within the lower and upper limits specified in Article 68 subclause 1 of Law No. 6502 on the Protection of Consumers.
If the sale is not realized within the scope of the aforementioned law, the dispute shall be settled at the authorized Istanbul Central (Çağlayan) Courts and Execution Offices, as per the general rules of law.