These Delivery and Returns Terms are drawn up pursuant to Turkish Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts (Official Gazette 27/11/2014 – 29188), and form an integral annex to the Distance Sales Agreement. Terms defined in that Agreement carry the same meaning here.
This English text is a courtesy translation. In the event of any discrepancy, the Turkish text shall prevail.
ARTICLE 1 — PREPARATION AND PRODUCTION PERIOD
(1) GOODS offered ready-made in the gallery section of the SITE are packed and handed to the courier within one to three business days of the price being credited to the SELLER's account.
(2) For GOODS prepared in line with the BUYER's requests or personal requirements, the production period varies with the size and technique selected. The anticipated period is notified to and approved by the BUYER in writing before the order is confirmed, and starts on the day the advance payment is credited to the SELLER's account.
(3) Pursuant to Article 16(1) of the Regulation, the delivery period may not in any event exceed thirty days.
(4) In the event of an unforeseen delay the SELLER shall notify the BUYER without delay. The BUYER may then terminate the order, in which case all payments collected, including any delivery costs, are refunded with statutory interest within fourteen days of the termination notice reaching the SELLER.
ARTICLE 2 — SHIPPING AND DELIVERY
(1) The GOODS are shipped by the SELLER's contracted courier to the delivery address stated by the BUYER in the order form.
(2) The tracking number is sent to the BUYER's email address on dispatch and can be viewed through the BUYER's tracking code.
(3) Delivery costs are borne by the BUYER unless stated otherwise in the order summary, where they are shown separately. Pursuant to Article 5(3) of the Regulation, no additional cost not disclosed in the order summary may be claimed from the BUYER.
(4) Large tufted works are packed rolled or with rigid corner protection so that the surface pile is not damaged in transit.
(5) Where delivery fails because neither the BUYER nor an authorised person is present at the delivery address and the consignment is returned, the cost of re-dispatch is borne by the BUYER.
(6) For international deliveries, any customs duties, taxes or charges arising under the law of the destination country are borne by the BUYER.
ARTICLE 3 — DUTY OF INSPECTION AND DAMAGED CONSIGNMENTS
(1) The BUYER shall inspect the packaging of the GOODS in the presence of the courier.
(2) Where the packaging is found crushed, torn, opened or wet, the BUYER shall refuse delivery, have a damage report drawn up together with the courier, and return the consignment. Where such a report is filed, the GOODS are remade or the full price refunded without any charge to the BUYER.
(3) Where the packaging appears undamaged but the GOODS are found to be damaged, the BUYER shall notify the SELLER with photographs within three days of delivery. Paragraph 2 then applies.
(4) The notification periods in this Article do not limit the BUYER's statutory rights or limitation periods regarding defective goods under Articles 8 et seq. of the Law.
ARTICLE 4 — RIGHT OF WITHDRAWAL
(1) For GOODS offered ready-made in the gallery section of the SITE, the BUYER may withdraw from the contract within fourteen (14) days of receiving them, without giving any reason and without paying any penalty.
(2) Notice of withdrawal shall be given in writing within that period to info@peckartstudio.com or through the contact form. The Model Withdrawal Form annexed to the Distance Sales Agreement may be used but is not mandatory.
(3) To exercise this right, the GOODS must be:
- unused, unwashed and undamaged,
- returned with their box, packaging and any standard accessories,
- in resaleable condition.
(4) Pursuant to Article 13(2) of the Regulation, the BUYER is not liable for changes or deterioration occurring where the GOODS were used in accordance with their operation, technical specifications and instructions during the withdrawal period.
ARTICLE 5 — CASES WHERE THE RIGHT OF WITHDRAWAL DOES NOT APPLY
(1) Pursuant to Article 15(1)(b) of the Regulation, the right of withdrawal does not apply to contracts for goods prepared in line with the consumer's requests or personal requirements. Tufted works, paintings and handmade objects produced specifically to the size, pattern, colour, image or content determined by the BUYER fall within this scope.
(2) This is separately notified to the BUYER at the custom order step and confirmed electronically.
(3) Where the BUYER cancels before production has actually begun, any advance payment received is refunded in full without deduction.
(4) The inapplicability of the right of withdrawal does not affect the BUYER's statutory remedies for defective goods under Articles 8 et seq. of the Law. Where the GOODS are defective, delivered damaged, or materially different from what was agreed, the BUYER may elect to terminate the contract, obtain a price reduction, require free repair, or require replacement with non-defective goods.
ARTICLE 6 — RETURN PROCEDURE AND RETURN COSTS
(1) The BUYER shall return the GOODS to the SELLER within ten days of sending the withdrawal notice.
(2) Returns are made through Yurtiçi Kargo, the carrier designated by the SELLER in the pre-contractual information, to Yurtiçi Kargo Dikmen Şubesi, Çankaya / Ankarafor collection at the branch. The GOODS are collected from that branch by the SELLER; the BUYER is not required to ship to any address of the SELLER.
(3) Pursuant to Article 12(3) of the Regulation, where the return is made through this carrier the BUYER cannot be held liable for return costs; those costs are borne by the SELLER.
(4) Where that carrier has no branch at the BUYER's location, the SELLER shall arrange collection of the GOODS from the BUYER's address without any additional charge.
(5) The return process is as follows:
- The BUYER gives notice of withdrawal as set out in Article 4(2), quoting the tracking code.
- The SELLER notifies the BUYER of the carrier, the branch and a consignment code charged to the SELLER's account.
- The BUYER sends the GOODS in their original packaging with protective wrapping to that branch, for collection at the branch.
- The SELLER collects the GOODS from the branch and communicates the outcome of the inspection to the BUYER.
(6) Where GOODS are returned because they are defective, damaged or different from the order, all shipping costs are borne by the SELLER in any event.
ARTICLE 7 — REFUNDS
(1) Pursuant to Article 12(1) of the Regulation, the SELLER shall refund all payments collected, including any costs of delivery to the BUYER, within fourteen days of the withdrawal notice reaching them.
(2) The refund is made in a manner appropriate to the payment instrument used by the BUYER, in a single transaction, without imposing any cost or obligation on the BUYER.
(3) For card payments, the time taken for the refunded amount to appear on the BUYER's card account depends on the processing of the relevant bank, over which the SELLER has no control.
ARTICLE 8 — NATURE, USE AND CARE OF THE GOODS
(1) The GOODS are produced by hand, piece by piece. Limited variations in tuft density, surface texture, colour tone and edge finishing inherent to hand production are a natural consequence of the nature of the GOODS and do not constitute a defect within the meaning of Article 8 of the Law.
(2) Tufted works are made to be hung on a wall and are not suitable to be sat on, walked on, or used as floor covering.
(3) Prolonged exposure to direct sunlight causes colours to fade. Cleaning is carried out with a soft brush or a low-power vacuum; the GOODS must not be machine washed or treated with chemical cleaners.
(4) Wear and loss of value resulting from failure to observe the conditions of use and care in this Article do not constitute a defect.
ARTICLE 9 — CONTACT AND COMPLAINTS
(1) Requests concerning delivery and returns are submitted through the contact page or to info@peckartstudio.com. Existing requests can be looked up with the tracking code.
(2) In the event of a dispute the BUYER may apply to the Consumer Arbitration Committee at their place of residence or where the transaction took place, up to the monetary limits announced annually by the Ministry, and to the Consumer Court above those limits.