Cancellation and Refund Policy

 

  1. PARTIES


  1. FOOD BUSINESS OPERATOR:

Title : NİLKY IÇECEK VE GIDA SAN VE TİC. A.Ş. (“Nilky”)

Address : Esentepe Mah. Talatpaşa Cad. No:5 İç Kapı:1 Şişli / İstanbul

Tax No : Üsküdar Tax Office - 6311468486

Email : support@nilky.co

  1. SELLER/PROVIDER:

Title : KUMSAATİ TAS. BİL. SİS. SAN. HİZ. LTD. ŞTİ. (“SELLER”)

Address : Esentepe Mah. Mithat Ulu Ünlü Sokak No:1C 34394 Şişli / İstanbul

Tax No : Zincirlikuyu Tax Office - 5910118051

Email : Mutlu.Ozturk@elips.com

Phone : 0 533 302 30 29 – 0 212 337 02 00

Bank Account : [.]

Branch Code : [.]

Account No : [.]

IBAN No : [.]

Product Return

Address : Kore Sehitleri Cad. Mithat Ulu Ünlü Sk. No:1C Sisli/Istanbul

  1. BUYER/CONSUMER

Name, Surname : [.] (“BUYER”)

Address : [.]

Email : [.]

Phone : [.]

  1. For all purchases made through the website, all operational transactions such as collection of payment, sale, shipping, delivery, return of the Product/Products will be carried out by the SELLER. Nilky is positioned only as a food business operator under this Agreement. The BUYER acknowledges, declares, and undertakes that if they make a purchase through the Website, they enter into a legal relationship only with the SELLER, that the Product/Products will be delivered by the SELLER, that an invoice for the said purchase will be issued by the SELLER, and that in case of a possible product return, the sole addressee will be the SELLER.


  1. PURCHASES MADE WITH UNAUTHORIZED USE OF CREDIT CARD

If, after delivery of the products subject to the contract ("Product/Products"), it is determined that the credit card used by the BUYER for payment has been unlawfully used by unauthorized persons, and the product price is not paid to the SELLER by the relevant bank or financial institution, the BUYER must return the Product/Products subject to the contract to the SELLER within 3 days, with shipping costs borne by the SELLER.

  1. FAILURE TO DELIVER PRODUCT/PRODUCTS DUE TO FORCE MAJEURE


  1. If it becomes impossible to sell the Product/Products, the SELLER must notify the BUYER in writing within 3 days from the date they become aware of this situation. The total amount must also be refunded to the BUYER within 14 days.


  1. If force majeure events that the SELLER could not foresee occur and the Product/Products cannot be delivered on time or it is understood that they cannot be delivered, the BUYER will be notified immediately. The BUYER may request cancellation of the order, replacement with a similar product, or postponement of delivery until the obstacle is removed. If the BUYER cancels the order; i) if payment was made in cash, the fee will be refunded in cash within 14 days. ii) if payment was made by credit card, the fee will be refunded to the bank within 14 days. In this case, the BUYER accepts and declares that they are aware that the bank refund process may take 2-3 weeks.
  1. OBLIGATION TO CHECK PRODUCT/PRODUCTS AT THE TIME OF DELIVERY


  1. The BUYER acknowledges, declares, and undertakes to inspect the Product/Products before taking delivery; if damaged or defective goods such as dents, breakages, torn packaging, etc., are detected, the BUYER will not accept delivery of the Product/Products from the cargo company.
  2. The delivered goods/services will be deemed undamaged and sound.


  1. RIGHT OF WITHDRAWAL


  1. The BUYER may exercise their right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the Product/Products to them or to the person/entity at the address indicated by them, provided that they notify the SELLER through the contact information below, without incurring any legal or penal liability and without stating any reason.


Title : KUMSAATİ TAS. BİL. SİS. SAN. HİZ. LTD. ŞTİ. (“SELLER”)

Address : Esentepe Mah. Mithat Ulu Ünlü Sokak No:1C 34394 Şişli / İstanbul

Tax No : Zincirlikuyu Tax Office - 5910118051

Email : Mutlu.Ozturk@elips.com

Phone : 0 533 302 30 29 – 0 212 337 02 00


  1. If the right of withdrawal is exercised, the goods/services must not be used. Accordingly, if there is any change or deterioration in the Product/Products due to their improper use in accordance with the usage instructions, technical specifications, and functioning until the date of withdrawal, the BUYER may lose their right of withdrawal; in cases accepted by the SELLER, a deduction will be made from the refunded product price proportional to the change/deterioration.
  2. For the exercise of the right of withdrawal, it is mandatory to notify the SELLER in writing by registered mail with return receipt, fax, or email within the 14 (fourteen) day period and that the product has not been used within the framework of the "Products for which the Right of Withdrawal Cannot Be Used" provisions regulated in this contract.
  3. In this return process, the Product/Products must be delivered complete and undamaged with their box, packaging, and standard accessories, if any.
  4. In addition to cases where an Invoice for Return must be issued by the BUYER by law, a Product Return Form will also be filled out and signed together with the invoice to be returned with the Product/Products. Order returns with invoices issued in the name of corporate entities will not be accepted unless an Invoice for Return is issued.
  5. The BUYER does not have the right of withdrawal for contracts regarding goods/services listed in the law, even if they have not been used/benefited from:


  1. RETURN CONDITIONS


  1. If the right of withdrawal is exercised within the specified period, the Product/Products must be sent to the SELLER's return address stated in Article 5.1 within a maximum of ten (10) days, with the costs borne by the SELLER. In this case, the SELLER is obliged to take back the Product/Products within twenty (20) days. If a contracted cargo company and free return option are specified on the Website for product returns, the BUYER will send the Product/Products from a branch of this cargo company.
  2. If there is a decrease in the value of the goods due to the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the SELLER's damages in proportion to their fault. However, the BUYER is not responsible for changes and deteriorations resulting from proper use of the goods or product within the right of withdrawal period.
  3. If the campaign limit amount organized by Nilky falls below the threshold due to the exercise of the right of withdrawal, the discount amount benefited under the campaign will be cancelled.

 

  1. DEFAULT AND LEGAL CONSEQUENCES

If the BUYER makes payments with a credit card and defaults, they acknowledge, declare, and undertake that they will pay interest and be responsible to the bank within the framework of the credit card agreement with the card-issuing bank. In this case, the relevant bank may resort to legal remedies; it may demand any resulting expenses and attorney's fees from the BUYER. In any case, if the BUYER defaults on their debt, the BUYER acknowledges, declares, and undertakes to pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.