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Preliminary Information Form and Distance Sales Contract

Home - Preliminary Information Form and Distance Sales Contract

Effective date: 05.11.2026 · Version: 4.2 · Relax by Espeki

Contents

  • PART I. Preliminary Information Form
  • PIF-1. Seller Details
  • PIF-2. Complaints and Contact Channels
  • PIF-3. Essential Characteristics of the Products
  • PIF-4. Price, Taxes and Additional Costs
  • PIF-5. Payment and Delivery
  • PIF-6. Right of Withdrawal
  • PIF-7. Returns and Costs on Withdrawal
  • PIF-8. Cases Where the Right of Withdrawal Does Not Apply
  • PIF-9. Condition of the Returned Product
  • PIF-10. Digital Content
  • PIF-11. Binding Nature of the Order
  • PIF-12. Record Keeping
  • PIF-13. Dispute Resolution
  • PART II. Distance Sales Contract
  • 1. Parties
  • 2. Subject of the Contract
  • 3. Order and Product Details
  • 4. Payment Terms
  • 5. Delivery and Shipping Terms
  • 6. Right of Withdrawal
  • 7. Exceptions to the Right of Withdrawal
  • 8. Return Process
  • 9. Size Selection Responsibility
  • 10. Exchange Process
  • 11. Manufacturing and Quality Defects
  • 12. Misuse and Repeated Requests
  • 13. Order Cancellation and Refusal of Sale
  • 14. Force Majeure
  • 15. Liability and Intellectual Property
  • 16. Cyber Security and Prohibition of Misuse
  • 17. Written Communication and Notices
  • 18. Assignment of Rights and Obligations
  • 19. Waiver
  • 20. Severability
  • 21. Changes to the Terms
  • 22. Dispute Resolution
  • 23. General Provisions and Entry into Force
  • ANNEX 1: Model Withdrawal Form
  • Version History

PART I. PRELIMINARY INFORMATION FORM

Language note. This is an English translation of the Turkish document “Ön Bilgilendirme Formu ve Mesafeli Satış Sözleşmesi”, provided for your convenience. The contract is governed by Turkish law. In the event of any discrepancy between the Turkish and English texts, the Turkish text shall prevail.

This form sets out, in accordance with Turkish Consumer Protection Law No. 6502 and the Distance Contracts Regulation, everything you need to know before completing your order. By reading and approving this form you confirm that the information below has been provided to you.

PIF-1. SELLER DETAILS

Trade name: ESRA PERUZE KIZILTUĞ TİNER, ESPEKİ
Address: Yakacık Yeni Mah. Samandıra Cad. Kapı No: 49-A, 34882 Kartal / İstanbul, Türkiye
Telephone: +90 540 010 24 34
E-mail: merhaba@espeki.com.tr
Website: www.espeki.com.tr
Tax office: YAKACIK
Trade registry no: 809668
MERSİS no: 5267811376600013

Sales are made directly by the Seller through the Seller’s own website; no intermediary service provider (marketplace or platform) is involved in the transaction.

The Seller is registered with the Electronic Commerce Information System (ETBİS). ETBİS Site Registration Number: 4285331383283427. You can verify the registration through the ETBİS site enquiry page.

PIF-2. COMPLAINTS AND CONTACT CHANNELS

You may send any question, request or complaint to merhaba@espeki.com.tr or to our telephone and WhatsApp Business line on +90 540 010 24 34. Return, exchange and cancellation requests are made in writing, on the Return / Exchange page or by e-mail; a withdrawal notice may also be sent as a written message to the WhatsApp Business line (PIF-6, articles 10 and 13 of the contract). There is no separate channel for complaints; the channels above serve as the complaint channels as well.

Your request is recorded in writing and answered in writing. If no resolution is reached, you may use the legal remedies set out in PIF-13.

PIF-3. ESSENTIAL CHARACTERISTICS OF THE PRODUCTS

The products sold are textile items designed for dance, stage and everyday wear (jumpsuits, dresses, skirts, tops, leggings, bikini bottoms and similar garments, together with accessories such as hair bands). The colour, size and any other characteristics of a product are stated on the relevant product page.

The name, quantity, size, colour and unit price of each product in your order are shown individually in the order summary before the payment step and in your order confirmation e-mail. Colours in product images may vary slightly depending on your screen settings.

You are advised to review the size chart on the website before placing an order.

PIF-4. PRICE, TAXES AND ADDITIONAL COSTS

Unless expressly stated otherwise, product prices include VAT, and the price shown on the product page is the amount you will pay for that product.

Shipping cost: shipping is free on orders of ₺3,000 and above delivered within Türkiye, and on orders of €100 and above delivered abroad. Where a discount code is used, these amounts apply to the order total after the discount has been deducted; the shipping cost is not included in that calculation. The part paid with store credit or a price-difference voucher is not treated as a discount and is not deducted from the order total when the free-shipping threshold is calculated. Any applicable shipping cost is shown separately in the order summary before the payment step. The overall total payable, including taxes, appears as a single figure in the order summary.

International bank transfer fee: for orders placed in euros (EUR) and paid by bank transfer/EFT, a fee calculated on the total of products and shipping is added to cover the charges banks apply to foreign-currency transfers. Its rate and amount are shown on a separate line in the order summary before the payment step and are included in the overall total. The fee does not apply to orders placed in Turkish lira (TRY) or when another payment method is selected.

For orders within Türkiye no additional cost beyond this is charged. For shipments abroad, customs duties, import charges and similar public levies that may arise in the country of destination are not included in this amount; they are paid by the buyer on delivery in accordance with the legislation of that country. Because the order is placed over the internet, no cost beyond the standard tariff for the means of distance communication is charged to you.

No deposit or other financial guarantee is required.

PIF-5. PAYMENT AND DELIVERY

Accepted means of payment: credit card and debit card (PayTR secure payment infrastructure), and bank transfer/EFT. Cash on delivery is not available. Card details are not stored by the Seller; card transactions are processed through the PayTR payment infrastructure.

Delivery scope: delivery is made within the borders of the Republic of Türkiye and to those countries that can be selected as a delivery address at the payment step. Shipment cannot be made to countries that are not in the delivery address country list.

For shipments abroad, customs duties, import charges and similar public levies that may arise in the country of destination are not included in the shipping cost; they are paid by the buyer on delivery in accordance with the legislation of that country.

Delivery time: your order is handed to the carrier within 1-2 business days for shipments within Türkiye and 3-4 business days for international shipments, following confirmation of payment; except for products prepared to individual specification, the maximum statutory delivery period is thirty days (Distance Contracts Regulation, art. 16/1). This period may change due to operational workload, campaign periods or force majeure, and you will be informed if it does.

Shipments within Türkiye are made through Navlungo with the carriers the Seller works with; the name of the carrier taking your parcel and the tracking number are sent to you when the parcel is handed to the carrier. Shipments abroad are carried by DHL Express, and the tracking number is sent to you in the same way. For shipments abroad, transit time varies by destination country and may be extended by customs procedures in that country. You are strongly advised to inspect the parcel on delivery and, for damaged, opened or crushed parcels, to have a report drawn up with the courier rather than accepting delivery.

PIF-6. RIGHT OF WITHDRAWAL

You have the right to withdraw from the contract within 14 (fourteen) days of receiving your order, without giving any reason and without paying any penalty. If the items in your order are delivered separately, the withdrawal period starts on the day you receive the last item (Distance Contracts Regulation, art. 9/3).

It is sufficient to send your withdrawal notice in writing before the 14-day period expires. The easiest way is to create your request in the Return / Exchange section of My Account; if you do not have an account, you can create it on the return and exchange page for orders without an account with your order number and e-mail address. An e-mail stating your order number and sent to merhaba@espeki.com.tr is also a valid notice and is recorded with its date.

A telephone call does not count as a notice. A withdrawal notice sent as a written message to our WhatsApp Business line is also valid; the date of the message is the date of the notice, and we will direct you to the request page to complete your request. Stating your order number in the notice will speed up the process. You may, if you wish, use the Model Withdrawal Form in ANNEX 1 of this document; use of the form is not mandatory.

PIF-7. RETURNS AND COSTS ON WITHDRAWAL

For returns sent from within Türkiye, following your withdrawal notice the product is handed to the carrier named on the free return code sent to you through Navlungo. When you send the product this way you are not liable for the costs of the return (Distance Contracts Regulation, art. 12/5). If the carrier named on the code has no branch in your location, the product is collected by the Seller at no additional cost to you.

For returns sent from abroad the designated carrier is DHL Express. The product is sent as a return shipment linked to the DHL waybill number (AWB) of your order; a product sent with another carrier is treated by customs as a new import. We pay the return shipping: once your request is approved we e-mail you the DHL Express return details (return label and drop-off point), and you are not charged for return shipping.

You must return the product within 14 days of the date on which you sent the withdrawal notice.

Refund: within 14 days at the latest of the date on which the product is handed to the designated return carrier, all payments received are refunded in a single transaction using the payment method you used, with no cost charged to you. When you return the whole order, the cost of the initial delivery is also refunded; when you return part of it, no shipping cost is deducted from the refund. If you send the product by any route other than the designated carrier, this period begins on the date the product reaches the Seller. Depending on your bank’s processing times, it may take a few days for the amount to appear in your account.

No deduction under the name of service fee, transaction fee or restocking fee is made from a withdrawal refund; for orders delivered outside Türkiye, the loss-in-value rule in PIF-9 applies. Within the first 14 days after delivery you may also choose, instead of a refund, store credit worth 110% of the net amount you paid (article 8.6 of the contract).

Note: product exchange, which is a commercial service outside the right of withdrawal, is not covered by this article; the exchange conditions are set out in article 10 (Exchange Process). In cases of manufacturing/quality defect or dispatch of the wrong product, all return and shipping costs belong to the Seller and no deduction is made (article 11).

PIF-8. CASES WHERE THE RIGHT OF WITHDRAWAL DOES NOT APPLY

Pursuant to article 15, first paragraph, subparagraph (b) of the Distance Contracts Regulation, there is no right of withdrawal for products prepared specifically in line with your requests or personal requirements.

For all other standard products your right of withdrawal is reserved.

PIF-9. CONDITION OF THE RETURNED PRODUCT

Pursuant to article 13/2 of the Distance Contracts Regulation, you are not liable for changes and deterioration occurring where you have used the product during the withdrawal period in a manner consistent with its operation, technical specifications and instructions for use.

Returns reaching us are inspected; the outcome of the inspection is notified to you in writing together with its reasons. For orders delivered within Türkiye, items bearing signs of use (stains, odour, sweat, washing, deformation) are not accepted for return; we notify you of the inspection result in writing with photographs and send the item back to you at our shipping cost. For orders delivered outside Türkiye, if the item has been used beyond trying it on, the loss in value caused by that use is deducted from the refund; we notify you of the finding in writing, with photographs.

For products with a manufacturing/quality defect or products dispatched in error, the full amount collected is refunded and the return shipping cost belongs to the Seller.

PIF-10. DIGITAL CONTENT

The products sold are physical textile items. As no digital content is sold, information on technical protection measures that could affect the functionality of digital content, and on the hardware or software with which digital content can operate, does not apply to this sale.

PIF-11. BINDING NATURE OF THE ORDER

Completing the order step entails an obligation to pay.

PIF-12. RECORD KEEPING

The record of your order and of your approval of this information is retained by the Seller for the period prescribed by legislation and is made available to you on request. This information forms an integral part of this contract and cannot be changed unless the parties expressly agree otherwise.

PIF-13. DISPUTE RESOLUTION

In the event of a dispute you may apply to the Consumer Arbitration Committee at your location, within the monetary limits determined each year by the Ministry of Trade. For disputes above the monetary limit, application may be made to the Consumer Court; pursuant to article 73/A of Law No. 6502, applying to a mediator before bringing an action in the Consumer Court is a procedural precondition. This requirement does not apply to disputes falling within the jurisdiction of the Consumer Arbitration Committee.

PART II. DISTANCE SALES CONTRACT

1. PARTIES

SELLER: ESRA PERUZE KIZILTUĞ TİNER, ESPEKİ

Address: Yakacık Yeni Mah. Samandıra Cad. No:49/A 34882 Kartal / İstanbul, Türkiye
Telephone: +90 540 010 24 34
E-mail: merhaba@espeki.com.tr
Web: www.espeki.com.tr
Tax office: YAKACIK
Trade registry no: 809668
MERSİS no: 5267811376600013

BUYER: The Buyer’s name, surname, Turkish ID or tax number, billing and delivery addresses, e-mail and telephone are filled in automatically from the details declared at the time of the order.

The Buyer accepts and undertakes that the information declared at the time of the order is accurate, complete and up to date.

2. SUBJECT OF THE CONTRACT

The subject of this Contract is the sale and delivery of the products ordered electronically by the Buyer through the www.espeki.com.tr website, and the determination of the rights and obligations of the parties in relation to that process, in accordance with Consumer Protection Law No. 6502 and the Distance Contracts Regulation.

The Buyer accepts that, before placing the order, they were informed in a clear, comprehensible and accessible manner about the essential characteristics of the products, the sale price, the payment methods, the delivery terms, the shipping cost, the right of withdrawal and the return conditions, and that they gave their approval electronically.

The Seller is registered with the Electronic Commerce Information System (ETBİS) with ETBİS Site Registration Number 4285331383283427; the registration can be verified through the ETBİS site enquiry page.

3. ORDER AND PRODUCT DETAILS

The order number, order date, product lines (product name, quantity, unit price including VAT, VAT rate, line total), subtotal, discount, shipping cost and overall total including VAT are filled in automatically at the time of the order.

Unless expressly stated otherwise, product prices include VAT. The Seller reserves the right to correct price and content errors arising from systemic, technical or typographical mistakes; in such a case the order is cancelled and the amount collected is refunded.

4. PAYMENT TERMS

The payment method (credit card, debit card, transfer/EFT) is filled in according to the method selected at the time of the order.

Payments are collected securely by credit card, debit card, transfer/EFT or through the PayTR infrastructure. Card details are not stored by the Seller; card transactions are processed through the PayTR payment infrastructure. Cash on delivery is not available.

5. DELIVERY AND SHIPPING TERMS

Shipping for this order is made through Navlungo with the carriers the Seller works with; the carrier taking the parcel is determined when the shipment is created and is sent to the Buyer together with the tracking details.

The order is handed to the carrier within 1-2 business days for shipments within Türkiye and 3-4 business days for international shipments, following confirmation of payment. This period may change due to operational workload, production processes, campaign periods or force majeure. Shipping is free on orders of ₺3,000 and above delivered within Türkiye and on orders of €100 and above delivered abroad; for orders below these amounts the shipping cost is shown clearly to the Buyer before the order is placed. Where a discount code is used, these amounts apply to the order total after the discount has been deducted; the shipping cost is not included in that calculation. The part paid with store credit or a price-difference voucher is not treated as a discount and is not deducted from the order total when the free-shipping threshold is calculated.

The shipping service is provided by third-party logistics companies independent of the Seller. Shipments within Türkiye are made through Navlungo with the carriers the Seller works with, and shipments abroad with DHL Express. For shipments abroad, customs duties and import charges that may arise in the country of destination are not included in the shipping cost and are paid by the Buyer on delivery. The Buyer should inspect the parcel carefully on delivery and, for damaged, opened or deformed parcels, should have a report drawn up with the courier rather than accepting delivery. The Seller cannot be held responsible for delivery failures arising from errors in the address details.

6. RIGHT OF WITHDRAWAL

The Buyer has the right to exercise the right of withdrawal within 14 (fourteen) days of the date on which the product was received, without giving any reason and without paying any penalty. Where several products in an order are delivered separately, the withdrawal period starts on the day the last product is received (Distance Contracts Regulation, art. 9/3).

The Buyer gives the withdrawal notice in writing within the period. The notice may be given by a request created on www.espeki.com.tr in the Return / Exchange section of My Account or on the return and exchange page for orders without an account, or by an e-mail stating the order number (merhaba@espeki.com.tr); the Seller records every written notice with its date. A telephone call does not count as a notice. A withdrawal notice sent as a written message to the WhatsApp Business line is also valid; the date of the message is the date of the notice, and the Buyer is directed to the request page. The Buyer may, if they wish, use the Model Withdrawal Form in ANNEX 1 of this Contract; use of the form is not mandatory.

The refund is made within the period set out in article 8.3, using the payment method used by the Buyer. If the right of withdrawal is exercised before the product is delivered to the Buyer, the refund is made within 14 days at the latest of the date on which the notice reaches the Seller. The time taken for the amount to appear in the account may vary depending on banking processes.

Pursuant to article 12 of the Distance Contracts Regulation, where the right of withdrawal is exercised within the period, the amount to be refunded to the Buyer covers, in addition to the price of the product, the shipping cost collected on delivery. Where only part of the order is returned, the shipping cost of the initial delivery is not refunded, and no shipping cost is deducted from the refund either.

7. EXCEPTIONS TO THE RIGHT OF WITHDRAWAL

Pursuant to article 15/1-(b) of the Distance Contracts Regulation, the right of withdrawal cannot be exercised for products prepared specifically in line with the Buyer’s requests or personal requirements.

For all other standard products the Buyer’s right of withdrawal is reserved. The condition of the returned product is subject to the provisions of article 8 of this Contract.

An incorrect size selection, a discrepancy in measurements or a difference in personal expectation does not remove the right of withdrawal; the Buyer may exercise the right of withdrawal or, if they prefer, request an exchange under article 10 (Exchange Process).

8. RETURN PROCESS

8.1 General Conditions

Pursuant to article 13/2 of the Distance Contracts Regulation, the Buyer is not liable for changes and deterioration occurring where the Buyer has used the goods during the withdrawal period in a manner consistent with their operation, technical specifications and instructions for use.

The Buyer returns the product within 14 days of the withdrawal notice (Distance Contracts Regulation, art. 13/1).

8.2 Return Inspection Items

The following are inspected on returns reaching us:

  • Odour (perfume, deodorant, household odour, smoke or any other foreign odour)
  • Staining (food, drink, cosmetics, household use or any other stain)
  • Deformation (loss of shape, stretched fabric, shrunken cut)
  • Pilling (bobbling on the fabric surface caused by friction)
  • Make-up or cosmetic marks (on the collar, cuff or inner surface)
  • Perspiration marks
  • Signs of washing (colour change, stiffness or softening of the fabric caused by washing)
  • Signs of use (wear for slippers, shoes or underwear; signs of everyday wear for garments)

The outcome of the inspection is notified to the Buyer in writing together with its reasons.

No deduction under the name of service fee, transaction fee, restocking fee or any similar heading is made on returns within the scope of the right of withdrawal; for orders delivered outside Türkiye, the loss-in-value rule in article 8.4 applies. This article does not apply to products with a manufacturing/quality defect or products dispatched in error; those cases are governed by article 11.

8.3 Inspection and Refund Period

Within 14 (fourteen) days at the latest of the date on which the product subject to withdrawal is handed to the designated return carrier, the Seller refunds all payments collected (including the cost of delivering the product to the Buyer where the whole order is returned) in a single transaction, using the payment method used by the Buyer and without charging the Buyer any cost (Distance Contracts Regulation, art. 12/1).

The inspection set out in article 8.2 is completed within this 14-day period; the inspection does not extend the period.

Where the Buyer sends the product with a carrier other than the one designated for the return, the 14-day period begins on the date the product reaches the Seller.

The time taken for the refund to appear in the Buyer’s account may vary depending on the bank’s processing times.

8.4 Handling of Non-compliant Returns

If a product different from the one the Seller sent is returned, or the returned product is one for which the right of withdrawal cannot be exercised under article 7, the return is refused with the reason notified in writing, and the product is sent back to the Buyer with the shipping cost borne by the Seller. For orders delivered within Türkiye, a returned item bearing the signs of use listed in article 8.2 is not accepted; the inspection result is notified to the Buyer in writing with photographs and the item is sent back to the Buyer with the shipping cost borne by the Seller. For orders delivered outside Türkiye, if the item has been used beyond trying it on, the loss in value caused by that use is deducted from the refund; the finding is notified to the Buyer in writing with photographs.

8.5 Return Shipping Cost

For withdrawal returns sent from within Türkiye, following the withdrawal notice the Seller sends the Buyer a free return code through Navlungo; the product is handed with this code to the carrier named on it. Where the Buyer sends the product this way, the Buyer is not liable for the costs of the return. If the carrier named on the code has no branch in the Buyer’s location, the product is collected by the Seller at no additional cost to the Buyer (Distance Contracts Regulation, art. 12/5).

For withdrawal returns sent from abroad the designated carrier is DHL Express, and the return is made as a return shipment linked to the DHL waybill number (AWB) of the order. The Seller pays the return shipping cost; the DHL Express return details (return label and drop-off point) are e-mailed to the Buyer when the request is approved, and the Buyer is not charged for return shipping.

Where the whole order is returned within the scope of the right of withdrawal, the shipping cost of the initial delivery of the product is also refunded to the Buyer.

For exchanges with no price difference, the shipping cost in both directions belongs to the Seller (article 10.4). In cases of manufacturing/quality defect or dispatch of the wrong product, the shipping cost in both directions belongs to the Seller (article 11).

8.6 Store Credit

Within the first 14 days after delivery, the Buyer may choose, instead of a refund, store credit worth 110% of the net amount (after discounts) paid for the product returned. The credit is issued, once the product has reached the Seller and been inspected, as a single-use coupon code for the Buyer’s order e-mail address. The coupon is valid for 12 months, cannot be combined with other coupons, cannot be exchanged for cash, and any unused balance is not carried over to a later purchase. Where an amount paid with store credit is converted into store credit again, the additional 10% does not apply. Until the coupon is first used, the Buyer may ask for a refund instead of store credit; in that case the refund is subject to the period in article 8.3.

9. SIZE SELECTION RESPONSIBILITY

The Seller publishes the size chart and measurement details for each product at www.espeki.com.tr; this information forms part of the preliminary information. The Buyer is advised to review the size chart before placing an order.

Publication of the size chart does not affect the Buyer’s right of withdrawal; the right of withdrawal may be exercised without giving a reason.

In the case of a size mismatch, the Buyer may, instead of the right of withdrawal, request an exchange for another size of the same product under article 10.

10. EXCHANGE PROCESS

10.1 Exchange Window and Scope

The Buyer may request an exchange for another size or colour of the same product within 20 (twenty) days of the date on which the product was received. Exchange is a commercial service offered by the Seller outside the right of withdrawal and is available only for orders delivered within Türkiye; no exchange is made on international orders. Between the 15th and the 20th day after delivery only exchange and the defective product route in article 11 are offered. One exchange is made per order line; a product sent in an exchange does not start a new period, and the periods of the original order apply.

10.2 Exchange Request

An exchange request is created on www.espeki.com.tr in the Return / Exchange section of My Account or on the return and exchange page for orders without an account; the Buyer chooses the reason for the exchange and the size or colour wanted. Exchange requests received by e-mail are entered into the system by the Seller, and the link to the request page is sent to the Buyer.

10.3 Product Conditions

An exchange applies only to products that are unworn, unused, unwashed and undamaged. The inspection items set out in article 8.2 also apply to exchange requests. No exchange is made for products made to individual measurements or designed to individual specification.

10.4 Exchange Shipping Cost

If the current prices of the two products are the same, the exchange is free; no shipping cost is charged for sending the product to the Seller or for shipping the new product to the Buyer. The Seller sends the Buyer a free return code through Navlungo, and the Buyer hands the product to the carrier with this code within 14 days of the request.

10.5 Exchange Procedure

The product is inspected within 3 (three) business days of reaching the Seller. If use, staining, signs of washing or missing labels are identified, the exchange is refused with the reason notified in writing; in that case the Buyer may exercise the right of withdrawal if still within the period. If found compliant, the new product is handed to the carrier within 3 (three) business days.

10.6 Stock and Price Difference

The price difference is determined by comparing the current prices of the two products on the date of the request. If the new product is more expensive, the Buyer pays the difference within 3 days using the payment link shown on the request page; the new product is sent after payment. If the difference is not paid, the Buyer may choose a product at the same price, the store credit in article 8.6 or, if still within the 14-day period, a return under the right of withdrawal. If the new product is cheaper, the difference is issued as a shopping voucher; no cash refund is made.

If the size or colour requested is out of stock, the Buyer may choose another size or colour, the store credit in article 8.6 or, if still within the 14-day period, a refund. Where an approved exchange cannot be fulfilled, store credit is offered after the 14-day period as well.

10.7 Contact and Information Responsibility

The Buyer is obliged to declare contact and delivery details completely, accurately and up to date. The Seller cannot be held responsible for disruptions arising from missing or incorrect information.

11. MANUFACTURING AND QUALITY DEFECTS

Products alleged to have a manufacturing or quality defect are subject to detailed inspection by the Seller. Where a defect is identified as a result of the inspection, the Buyer may exercise any of the following optional rights pursuant to article 11 of Consumer Protection Law No. 6502:

  • Withdrawing from the contract by declaring readiness to return the goods sold (refund of the price)
  • Keeping the goods sold and requesting a reduction in the sale price in proportion to the defect
  • Requesting free repair of the goods sold, with all costs borne by the Seller, provided this does not require excessive expense
  • Requesting replacement of the goods sold with a defect-free equivalent, where possible

The Buyer notifies the Seller of their choice on the Return / Exchange page at www.espeki.com.tr with the “Defective / wrong item” option, or in writing by e-mail; this route is not bound by the withdrawal and exchange periods. The Seller is obliged to fulfil the request chosen by the Buyer; where the request would cause disproportionate difficulty, the Seller may propose an alternative solution pursuant to article 11/3.

For products with a manufacturing/quality defect or products dispatched in error, the shipping cost in both directions belongs to the Seller; the Seller provides the Buyer with a free return code.

A request for free repair or replacement with a defect-free equivalent is carried out within 30 working days at the latest of the request reaching the Seller (Consumer Protection Law, art. 11). Liability for defective goods is subject to a two-year limitation period from the date of delivery (Consumer Protection Law, art. 12).

12. MISUSE AND REPEATED REQUESTS

The Buyer’s statutory right of withdrawal and other rights under the Consumer Protection Law are not affected by this article; no return is refused because of the number of requests.

Within the framework of the rule of good faith in article 2 of the Turkish Civil Code, the Seller may refuse new exchange requests from a Buyer who requests exchanges frequently. Where it is documented that a used or damaged product, or a different product, has been sent back, the Seller may limit the acceptance of the Buyer’s future orders to a reasonable extent; the number of requests alone cannot be the reason for such a limitation. The Seller notifies the Buyer of the grounds for refusal or limitation in writing.

13. ORDER CANCELLATION AND REFUSAL OF SALE

The Buyer has the right to cancel the order free of charge before it is handed to the carrier. The cancellation request is sent in writing, stating the order number, to merhaba@espeki.com.tr. Once the order has been handed to the carrier, the Buyer uses the right of withdrawal in article 6. If an item in the order cannot be supplied because of a stock error, the Seller informs the Buyer within 3 days at the latest; the Buyer may choose to wait for delivery within 30 days, or cancel the order and receive the full amount paid back within 14 days. The Seller reserves the right to cancel or refuse an order unilaterally in cases such as price error, technical problems, identity or address inconsistencies, or suspicion of fraud. Where the Seller cancels or refuses the order, the Buyer is informed in writing within 3 days at the latest and all payments collected, including delivery costs, are refunded within 14 days at the latest of that notice (Distance Contracts Regulation, art. 16).

14. FORCE MAJEURE

Events occurring outside the control of the parties which temporarily or permanently prevent the performance of the obligations under the contract are deemed force majeure. Such events include in particular (without limitation):

  • Strike, lockout or other industrial action
  • Civil unrest, uprising, act of terrorism, war and threat of war
  • Fire, explosion, storm, flood, earthquake, epidemic and other natural disasters
  • Rail, sea, air or road transport becoming impossible
  • Telecommunications infrastructure, or payment/shipping infrastructure, becoming unusable
  • Acts of official authorities, decrees, legislative or regulatory restrictions
  • Strikes, accidents and disruptions in courier, postal or transport services

The obligations of the parties are suspended for the duration of the force majeure event; at the end of that period the obligations resume where they left off. If the force majeure event lasts longer than 30 days, either party may terminate the contract unilaterally; in that case any amount collected is refunded to the Buyer.

15. LIABILITY AND INTELLECTUAL PROPERTY

The copyright and intellectual property rights in all text, images, trade marks, logos, software and similar content on the Site belong to the Seller or to authorised licensors. The Buyer may view this content only for personal and non-commercial use; the Buyer may not copy, reproduce, distribute or create derivative works from it without permission.

16. CYBER SECURITY AND PROHIBITION OF MISUSE

The Buyer undertakes to refrain from uploading viruses, trojans, worms, logic bombs or other malicious or technologically harmful content to the Site, from attempting to gain unauthorised access to the Site or to the server/database hosting it, and from mounting a denial-of-service (DoS/DDoS) attack. In the event of a breach, the right to use the Site terminates immediately and the Seller reports the matter to the relevant judicial and administrative authorities.

17. WRITTEN COMMUNICATION AND NOTICES

The parties accept that communication relating to the contract may be conducted through electronic channels and that notices given by this method satisfy the requirement of written form.

Notice delivery periods: 24 hours from sending for e-mail; 3 business days from the date of dispatch for registered post with return receipt; the moment of publication for announcements on the Site. Proof of delivery of a notice is the system record showing that the e-mail was sent to the relevant e-mail address, and, for post, the confirmation document relating to the registered shipment.

18. ASSIGNMENT OF RIGHTS AND OBLIGATIONS

The Buyer may not transfer or assign the rights and obligations arising from this Contract to third parties without the Seller’s prior written consent. The Seller reserves the right to transfer its rights and obligations, in whole or in part, to third parties during the term of the contract; such a transfer does not affect the Buyer’s statutory rights.

19. WAIVER

A party’s failure to exercise, or delay in exercising, any right under the contract does not mean that the right has been waived and does not prevent its later exercise.

20. SEVERABILITY

If any provision of this Contract is found by the competent authorities to be invalid, unlawful or unenforceable, that provision is severed and the remaining provisions of the Contract continue in force.

21. CHANGES TO THE TERMS

The Seller may update this Contract in the event of legislative changes, the introduction of new services or where the process requires it. An update does not affect the rights and obligations arising from past orders; for new orders, the current version published on the Site applies.

22. DISPUTE RESOLUTION

This Contract is governed by the laws of the Republic of Türkiye. Consumers resident outside Türkiye keep the rights given to them by the mandatory consumer protection rules of their country of residence. For disputes arising from the contract, the Buyer may apply, within the monetary limits set each year by the Ministry of Trade, to the Consumer Arbitration Committee (Tüketici Hakem Heyeti) where the Buyer lives or where the consumer transaction took place and, above those limits, to the Consumer Court where the Buyer lives or where the Seller is established.

Pursuant to article 73/A of Consumer Protection Law No. 6502 (added by Law No. 7392), applying to a mediator before bringing an action is a procedural precondition for actions to be brought in the Consumer Courts, subject to the exceptions set out in the law. This requirement does not apply to disputes falling within the jurisdiction of the Consumer Arbitration Committee.

23. GENERAL PROVISIONS AND ENTRY INTO FORCE

By approving this Contract electronically, the Buyer declares that they have read, understood and accepted all of its provisions. The Contract enters into force at the moment it is approved electronically by the Buyer and is legally valid, binding and admissible as evidence. The electronic records of the parties (order record, payment confirmation e-mail, invoice) constitute conclusive evidence in relation to the performance of the contract.

ANNEX 1: MODEL WITHDRAWAL FORM

This form may be completed and sent only where you wish to exercise the right of withdrawal. Use of the form is not mandatory; a request created on the Return / Exchange page or a free-text notice sent by e-mail is equally sufficient.

To: ESRA PERUZE KIZILTUĞ TİNER, ESPEKİ
Address: Yakacık Yeni Mah. Samandıra Cad. No:49/A 34882 Kartal / İstanbul, Türkiye
E-mail: merhaba@espeki.com.tr

I hereby give notice that I exercise my right of withdrawal from the contract for the sale of the following goods/services:

  • Order date / delivery date: ______________________________
  • Order number: ______________________________
  • Goods subject to withdrawal: ______________________________
  • Price of the goods subject to withdrawal: ______________________________
  • Name and surname of the consumer: ______________________________
  • Address of the consumer: ______________________________
  • Signature of the consumer (only if this form is sent on paper): ______________________________
  • Date: ______________________________

Version History

The version history of this document is set out below.

Version Date Change
1.0 01.01.2026 First draft (Distance Sales Contract Template v1).
1.1 01.05.2026 First publication (Contracts v5 package).
1.2 01.05.2026 Operational improvements: resaleability disqualification list, handling of non-compliant returns, Size Selection Responsibility (§9 new), Exchange Process (§10 new, 14 days), alignment of Manufacturing/Quality Defect with Consumer Protection Law art. 11 (§11 new, the Buyer chooses), Misuse framed under Turkish Code of Obligations art. 2 (§12 new). Seller identification details added: Tax Office YAKACIK, Trade Registry 809668, MERSİS 5267811376600013. Refund of withdrawal shipping cost clarified under Distance Contracts Regulation art. 12.
2.0 26.07.2026 The Preliminary Information Form was added to the document (Part I, PIF-1 to PIF-13) and the document was combined as the “Preliminary Information Form and Distance Sales Contract”; the 8 missing subparagraphs of Distance Contracts Regulation art. 5/1 were satisfied. §7 withdrawal exceptions were aligned with art. 15 (the category-based prohibition was removed; as no hygiene band or seal was in use at the time, the art. 15/1-ç basis was removed). The §8.1-8.2 resaleability framework was converted into the art. 13/2 diminished-value regime; a photographed and reasoned finding was made mandatory for any deduction. The §8.3 refund period was aligned with art. 12/1 (14 days in total from handover to the carrier, with quality control falling inside that period). §8.5 return shipping cost was aligned with art. 12/5 (borne by the Seller on a withdrawal return; prepaid shipping label). §9 size responsibility ceased to be a limitation on withdrawal and was tied to exchange instead. §10.3 aligned. The contact address was updated to merhaba@espeki.com.tr. CR-044.
2.1 26.07.2026 Statements without an express basis in legislation were removed from the text: liability for diminished value and provisions on deduction/set-off from the refund, the presumption sentence in §8.2 and the phrase “the list is not exhaustive”, the statement treating the Seller’s inspection as final, and the condition that the goods be “unworn” for the right of withdrawal. Unverified factual claims were corrected: the commitment to mark product pages, the statement of a shipping cost below 2,500 TL, the PCI-DSS declaration, the catalogue content commitment and the complaint response time. The delivery period was written with its source, art. 16/1. Following the introduction of the hygiene band, the art. 15/1-(ç) exception was added. CR-044.
2.2 30.07.2026 The carrier designated in the exchange process was updated to Sürat Kargo in §10.5 (alignment with the return process). Bold emphasis was removed from the statements indicating that return costs belong to the Seller; the content of the text did not change.
2.3 30.07.2026 ETBİS verification was moved from a home-page reference into the document itself: the ETBİS QR badge was added to PIF-1 and the two ETBİS sentences were updated accordingly (legislation contains no obligation to display a badge on the home page; what matters is that the information is shown in the right place). The contact channel was written as “WhatsApp Business” on first use. CR-047.
2.4 30.07.2026 ETBİS no longer issues QR badges; verification is made using the site registration number. The QR references in PIF-1 and article 2 were removed and replaced with the ETBİS Site Registration Number (4285331383283427) and a link to the ETBİS site enquiry page. The QR badge image added the same day was removed from the documents.
2.5 31.07.2026 The delivery scope was aligned with the store’s actual configuration: delivery abroad, DHL Express and the tracking number were added; it was declared that customs duties and import charges are not included in the shipping cost and are paid by the buyer on delivery (DDU); the statement “delivery is made only within the borders of the Republic of Türkiye” was removed; the free-shipping threshold for deliveries abroad was stated as €100 (Distance Contracts Regulation art. 5/1-d, art. 6/2-b). The return carrier was given scope: Sürat Kargo for returns within Türkiye, DHL Express for returns from abroad; the no-branch provision based on art. 12/5 was limited to returns within Türkiye. CR-053 item 5.
2.6 31.07.2026 The carrier and cost regime for exchanges (§10.4-10.5) was given scope on the same logic as the withdrawal regime: the carrier is Sürat Kargo within Türkiye and DHL Express abroad; the exchange shipping cost belongs to the Buyer in both cases (deliberately different from the withdrawal case, where it belongs to the Seller). Decision of Kemal, 31 July 2026.
2.7 31.07.2026 In PIF-7, the duplicated sentence stating twice that the return shipping label would be sent was merged into a single sentence (the duplication had arisen in version 2.5). The legal content did not change: it is preserved that both the label and the return instructions are sent following the withdrawal notice. This is a drafting simplification only.
2.8 01.08.2026 The dispatch (hand-over to carrier) period was given scope by destination: 1-2 business days for shipments within Türkiye and 3-4 business days for international shipments. The previous single figure of 2-3 business days did not reflect the preparation and customs-documentation time for international shipments. Updated in two places in this document (the PIF delivery section and Shipping and Delivery Terms); the contract e-mail (WPCode 6211) and the Turkish version (page 3716) were aligned in the same session. Decision of Kemal, 1 August 2026.
2.9 04.08.2026 It was stated expressly that the free-shipping threshold is measured on the amount AFTER any discount (Distance Contracts Regulation, art. 5/1-d). This is the existing behaviour of WooCommerce (ignore_discounts = no); no configuration was changed and only the disclosure was added. Added in two places in this document (PIF-4 and clause 5); the checkout preliminary information summary (WPCode 6217) and the Turkish version (page 3716) were aligned in the same session. Decision of Kemal (D2), 1 August 2026.
3.0 29.09.2026 The international bank transfer fee added to orders paid by bank transfer/EFT with a billing address outside Türkiye was disclosed in PIF-4 (Distance Contracts Regulation, art. 5/1). The rate is not written into the document; it is shown on a separate line in the order summary. The version number in the document header was also updated (it had stayed at 2.6). The checkout pre-contract summary (WPCode 6217), the contract e-mail (WPCode 6211) and the Turkish version (page 3716) were aligned in the same session. Decision of Kemal, 29 September 2026.
3.1 02.10.2026 The condition for the international bank transfer fee changed from the billing address to the order currency (EUR); the fee does not apply to orders placed in Turkish lira (TRY) (PIF-4). The checkout pre-contract summary (WPCode 6217), the bank transfer description and the Turkish version (page 3716) were aligned in the same session. Approved by Kemal, 2 October 2026.
4.0 30.10.2026 The return and exchange process moved to the new request page (CR-069). The exchange window was extended to 20 days; an exchange with no price difference became free in both directions; the exchange shipping fee was removed; no exchange is made on international orders. The return carrier was rewritten as a free Navlungo return code within Türkiye and as DHL Express (a return linked to the order’s AWB number) abroad. It was added that, on international returns, the Seller pays the return shipping cost. As the hygiene band is not applied, the art. 15/1-(ç) exception and the wording linked to it were removed. WhatsApp was removed from the withdrawal notice channels. The §6 refund period was aligned with art. 12/1 (Official Gazette 23/8/2022-31932). 110% store credit (8.6) was added. The §8.4 provision on non-compliant returns was aligned with 8.3. The §12 provision on repeated requests was rewritten. The carrier chain was updated to Navlungo.
4.1 03.11.2026 Corrections from the legal read (CR-069, K-1): the good-faith rule is now cited to article 2 of the Turkish Civil Code; a written message to the WhatsApp Business line was added as a withdrawal notice; for separate deliveries the withdrawal period starts on the last delivery (art. 9/3); 8.3 was aligned with the partial-return rule; the more-expensive-delivery exception was removed; the place of store credit in the free-shipping threshold was clarified; 30 working days and the two-year limitation period were added for defective goods; notice and refund periods were added for cancellation by the Seller; the consumer’s own arbitration committee and court and the mandatory rights of consumers abroad were added to dispute resolution. Inspection of returns: items with signs of use are not accepted for orders delivered within Türkiye; for orders delivered abroad the loss in value caused by use is deducted from the refund. Stock error was removed from the grounds for cancellation by the Seller and replaced by the Buyer’s choice to wait or to cancel with a full refund.
4.2 05.11.2026 The free-shipping threshold for orders within Türkiye was raised from ₺2,500 to ₺3,000 (PIF-4 and clause 5). The threshold for international orders remains €100.
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Samandıra Cad. No:49-A
34882 Kartal / İstanbul

(+90) 540 010 24 34

merhaba@espeki.com.tr




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