Article 1-  Obligations of the Seller / Provider Regarding the Obligation to Deliver the Product / Provide the Service .

The product or products subject to the contract will be delivered to the consumer or to the person / organization at the address indicated by courier / hand delivery for each product – within the period explained in the product delivery information, depending on the distance of the consumer’s residence – provided that it does not exceed the legal 30 (thirty) day period after the establishment of the contract. is done. This period can be extended for a maximum of 2 (two) days, provided that the consumer is notified in advance. The seller / supplier can supply products of equal quality and price to the consumer before the contractual performance obligation expires. The consumer reserves the right of withdrawal for this product. These provisions also apply to the provision of services by the seller / provider.

Article 2- Default of the Seller / Provider in the Obligation of Delivering the Product / Providing the Service.

The seller / provider may be subject to force majeure, extraordinary circumstances or adverse weather conditions that prevent transportation, etc. If the consumer cannot deliver the product subject to the contract within the legal period and the 2 (two) day incidental period for any reason, the consumer has a dual choice: The consumer can withdraw from the contract if he wishes; If it wishes, it may request that the delivery of the product be postponed until the hindering situation is eliminated. If the consumer does not notify of return within 15 (fifteen) days after the legal delivery period of 30 (thirty) days or the incidental delivery period of 2 (two) days, if used, has passed, it indicates that the consumer has chosen the other right. The validity of the declaration of withdrawal from the contract is subject to the procedures and principles of exercising the right of withdrawal. Delays not caused by the seller / provider’s fault do not result in his/her liability. These provisions also apply to the provision of services by the seller / provider.

Article 3- Obligations of the Seller / Provider in Case of Defective Product / Service.

After the consumer, who has fulfilled the inspection and notification obligations, sends the product, the seller / provider prepares a report stating that the defect in the product is due to production or misuse and submits the report to the consumer in writing. If the defect in the product is due to the consumer’s usage error, the seller / provider cannot be held responsible. In this case, the product is sent back to the consumer, provided that the shipping costs are covered. If the defect in the product is due to production, the seller / provider can make the necessary repairs free of charge within 30 days after the defective product is delivered to him and send the product to the consumer. The time spent in repair is added to the warranty period. If the defect cannot be repaired, the seller/supplier replaces the product and sends the new product to the consumer, provided that it is in stock. In these cases, shipping costs belong to the seller / provider. If the same product is not in stock, the contract is terminated automatically and the price paid to the Consumer until that day is refunded. The seller/supplier who does not return the price within one month from the delivery of the defective goods is obliged to pay default interest at the rate prescribed by law, effective from this date. If the product sent to the consumer after repair is within the warranty period, shows the same malfunction twice within a year, or malfunctions of different types four times in a year, or more than six malfunctions in total within the warranty period, the provisions of the above paragraph shall apply. The provisions of this article are also valid for the services provided by the seller / provider to the extent their nature is appropriate.

Article 4- Obligations of the Seller/Provider in Case of Consumer’s Withdrawal from the Contract .

If the consumer withdraws from the contract due to default, the prepaid product price is paid to the consumer within 5 (five) days at the latest from the notification of the return declaration to the seller / provider. Except for cases where the delay is caused by reasons such as the consumer not providing an account number or a change of address, the Seller / Provider is obliged to pay default interest at the rate stipulated by law if the Seller / Provider does not make the payment within the specified time. In these cases, the Seller / Provider is also responsible for returning the product. However, the Seller/Provider may request the Consumer to return the product via a cargo company, provided that the shipping costs are covered by the Seller/Provider.

Article 5- Obligation to protect the information provided by the consumer.

The seller / provider is obliged to protect the information provided by the consumer over the internet or telephone.

Article 6- Failure of the Seller / Provider to Perform.

If the seller / provider cannot fulfill its obligations regarding the delivery of the product or provision of the service subject to the order, it may notify the consumer of this situation before the contractual performance obligation expires. In this case, the seller / provider returns the price received and all documents that put the consumer in debt to the consumer within 5 (five) days.

B- RIGHTS AND OBLIGATIONS OF THE CONSUMER

Article 7- Obligation to Pay the Sales Price.

The consumer is obliged to pay the sales / service fee as stipulated in the contract. If the stipulated price is not paid on time, the Consumer will be in default and the Seller / Provider’s rights will be in question.

Article 8- Default of the Consumer in Cases Where the Price Must be Paid in Cash.

If the consumer approves the contract but does not pay the price of the product / service within the agreed term, the seller / provider is released and relieved of the delivery obligation. In this case, the seller / provider’s rights to compensation are reserved. In exceptional cases where the product has already been delivered, upon non-payment of the product price, the seller-provider has a dual choice: if the seller / provider wishes, he can withdraw from the contract in accordance with the provisions of Article 12; If he wishes, he may request that the price of the product be paid together with the interest accrued at the rate prescribed by law. In exceptional cases where the service has already been provided, the seller / provider may request the payment of the service fee together with the interest accrued at the rate prescribed by law.

Article 9- Consumer’s Obligation to Receive the Product. 

The consumer or the third party nominated by him is obliged to receive the product at the delivery address specified in the contract. Although the product is sent by the Seller / Provider to the delivery time and place, if the delivery cannot be made due to reasons caused by the Consumer, the product is deemed to have been delivered to the consumer and the damage problem is resolved accordingly. From now on, the Consumer is obliged to cover the expenses necessary for the transfer of possession of the product to the Consumer. In contracts regarding the provision of services, failure to accept the service by the consumer at the stipulated time and place of performance does not result in the liability of the seller / provider. The consumer may request the re-performance of the service provided that he/she covers the additional costs that may arise. The seller / provider is obliged to comply with this request within 10 (ten) days.

Article 10- Separate Provisions Applicable in Case of Delivery of the Product to a Third Party / Provision of the Service to a Third Party. 

In case of product deliveries or service performances to be made to a third party, if the third party is not at the declared address or does not accept the performance, the situation is notified to the consumer and action is taken in accordance with his instructions. If the product is sent a second time or a second visit is made for the service, the expenses incurred are covered by the consumer.

Article 11- Consumer’s Obligation to Inspect the Product and Report the Defect.

The consumer is obliged to inspect the product sent to him for any defects within the legal period. In cases where a clearly defective product is delivered, the consumer must immediately notify the seller / provider by phone. Notification of such defects after the withdrawal period does not make the seller / supplier liable within the framework of the defect provisions. The seller/provider can be held responsible for hidden defects that can be detected through inspection only if the consumer fulfills the inspection and notification obligations within the legal period of 30 (thirty) days. In cases where there are hidden defects that emerge through use, the consumer must report the defect to the seller / provider immediately and probably within 1 (month) from delivery. In cases where the service provided is defective, the consumer must report it without delay.

Article 12 – Return of the Defective Product to the Seller / Provider.

The consumer must immediately send the defective product that he or she discovers as a result of inspection or use to the seller/supplier. The provisions of Article 4 apply regarding shipping costs.

Article 13- Consumer Rights in Case of Defects.

The defect in the product duly sent by the consumer to the seller / provider is repaired by the seller / provider and returned or replaced with a new one, but if the defect in the product continues, the consumer has the right to withdraw from the contract, including the request for the refund of the paid price. The right of return must be exercised immediately upon noticing a defect in the product that has been repaired or replaced with a new one. The validity of the declaration of return depends on whether it is made over the phone. The seller/supplier refunds the money received within 5 (five) days after the return declaration and the defective product are delivered to him. In this case, shipping, transfer costs, etc. belongs to the seller / provider. In cases where the seller / provider cannot correct the defect in the service, the consumer has the right to withdraw from the contract. The procedure and results in this regard are subject to the provisions of the above paragraphs.

Article 14- Consumer’s Right of Withdrawal .

The consumer may withdraw from the contract within 7 (seven) days from the date of receipt of the product without assuming any legal or criminal liability and without giving any reason. In the contract regarding service provision, this period starts on the date the contract is established. The validity of the withdrawal notice that must be received by the seller / provider depends on it being made in writing.

Article 15- Situations Where the Right of Withdrawal Does Not Exist. 

The right of withdrawal cannot be exercised for disposable products, products that deteriorate quickly or have expired, and products that cannot be returned due to their nature. The right of withdrawal cannot be used for products that are produced in accordance with the consumer’s special wishes and demands or that have been personalized by making changes or additions; Exercising the right of withdrawal is subject to the condition that the product’s packaging is unopened, intact and the product is unused.

Article 16- Provisions and Consequences of Exercising the Right of Withdrawal. 

If the right of withdrawal is exercised, it is mandatory to return the copy of the cargo delivery report stating that the product delivered to the third party or the consumer was sent to the Seller / Provider and the original invoice. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The shipping costs of the product returned due to the right of withdrawal are borne by the consumer. For the withdrawal to have effect and result, it is possible if the product delivered to the consumer is returned to the seller / provider in the same way.

Article 17- Exercise of the Right of Withdrawal in Cases where the Price is Paid in Cash.

In cases where the cash price is transferred to the seller / provider’s account, the product price is returned to the consumer within 5 (five) days following the receipt of the above-mentioned documents and the product subject to the right of withdrawal to the seller / provider. Any expenses that may arise during the refund phase (transfer costs, taxes, etc.) belong to the consumer; The seller / provider is authorized to offset these from the price to be refunded. In cases where it is decided to pay the product / service fee via credit card via computer, but the price has not yet been transferred to the account, the seller / provider must cancel the order.

C- Common Provisions 

Article 18- Warranty Period .

Without prejudice to the mandatory provisions of the Code of Obligations and the Law on Consumer Protection, the warranty period is the period specified in the specification included in the product packaging. If the product is replaced in accordance with the provisions of the above article, the warranty period is limited to the remainder of the warranty period of the first product.

Article 19- 

After the delivery of the product, if the relevant bank or financial institution does not pay the price of the product to the seller / provider due to the unfair or unlawful use of the consumer’s credit card by unauthorized persons and not due to the fault of the consumer, the consumer is obliged to send the product to the seller / provider within 3 days; Otherwise, it is assumed that the consumer has consented to the contract. In this case, shipping costs belong to the consumer.

Article 20- Damage and Benefit. 

The damage and benefit of the product sold passes to the buyer upon transfer of the goods to the consumer or the person designated by him.

Article 21- Consumer Absence at the Delivery Address. 

At the address where the product is sent / where the service is provided, the consumer and his/her relatives who will accept the performance; If the performance is to be made to a third party, the absence of that person or his/her relatives at the place of performance relieves the seller / provider from the obligation of sending / going to the address for service performance. In case of re-performance upon the request of the consumer, the expenses are borne by the consumer.

Article 22- Sending Fee and Expenses Related to Payment.

Except for the special cases mentioned above, the costs of shipping the product and transmitting the price belong to the consumer.

Article 23- Notification Addresses. 

The party addresses given above are the valid notification addresses of the parties. If the parties do not communicate possible address changes to each other via telephone, notifications made to existing addresses will be valid. The same principles apply to the telephone numbers to which notices and warnings will be made.

Article 24- In Case of Dispute, Competent Authority / Court / Enforcement Office. 

The authorized consumer arbitration committee for disputes arising from this agreement; Courts and enforcement offices are the arbitral tribunals, courts and enforcement offices where the address of the seller/provider is located.

ETS International Group

ETS ECOLOGICAL TEKNOLOJIK TEMIZLIK SOLUTIONS LTD STI
Address: Vezirköprüsü Caddesi, Ordu Sokak No 15A TR34880 Istanbul – Kartal Turkey
Istanbul Chamber of Commerce Registration Number 826248 | Yenikapı VD Tax No: 3810440177
Email:info@etsturkiye.com Web:www.etsturkiye.com
Tel:+90 (0) 216 606 0 666 | Fax: +90 (0) 216 606 2 141 |
Board of Directors: Kadir ARDIÇ | Adem ARDIÇ |
Chairman of the Board and CEO: Adem ARDIÇ

“Our goal is to replace dangerous, toxic, deadly products with environmentally friendly, safe and ecological products.”

Valid as of 14.08.2013.