Return Policy

Thank you for visiting hawiba.com!

This Website is powered by HAWIBA İÇ VE DIŞ TİCARET LTD. ŞTİ. (“Hawiba”). All content, information, and services provided on and through our Site may be used only under the following terms and conditions, as they are amended from time to time (the “Terms”). Unless the context clearly indicates otherwise, the terms "our," "we," and "us" as used herein pertain to Hawiba.

1. SCOPE OF THE AGREEMENT

1.1  The following terms and conditions apply to all offers to and orders from customers made available on/placed via our online store “Hawiba" as available in Türkiye. Our online store is aimed exclusively at, and should only be used by, customers that are above the age of 18. We may update and/or amend these terms and conditions from time to time. If required by law, you will be informed thereof in advance.

1.2  We make no representation that any materials on the website are appropriate or available for use outside the Applicable Markets and accessing them from territories where their contents are illegal is prohibited. Without Hawiba's prior written consent, no part of the content on our site may be copied, reproduced, republished, downloaded, posted, displayed, transmitted, or distributed in any way. Any content on this website may not be framed or mirrored on another server or website without Hawiba's prior written consent. It is expressly forbidden to utilize such content without authorization on any other website or computing environment. Hawiba or its licensors are the only owners of all intellectual property, including any trademarks, service marks, trade names, trade dress, and copyrighted works.

2. CONCLUSION OF THE CONTRACT

2.1 On our website, certain items are sold by Hawiba himself or a partner seller. In this case, the purchase contract will be additionally concluded with the partner seller. You will find out who the partner seller is on the invoice/product pages. Hawiba only acts as an intermediary for purchases made by a partner seller. Hawiba has no legal liability in case of disputes that may arise between the partner seller and the customer. An electronic contract will be signed between the partner seller and the customer at the time of checkout, and all rights and obligations arising from this contract will belong to the parties.

3. TYPE OF USERS

3.1  There are three types of users on our website. You can make purchases either as a Registered user or as a Guest user. As a registered user you can enjoy the full functionality of the online store and can find the additional terms and conditions when you register for an account. If you use the website as a Guest user you are able to order goods and services but won’t be able to enjoy the full functionality of the platform, such as viewing your order history. Using the website as a Guest user does not impact the way we use your personal data, for that please see our privacy policy. With the help of the correction tools offered and described for this purpose during the order process, you can first add our products to the shopping cart without incurring any obligations and change your entries at any moment before sending your legally binding order. When you click on the order button to purchase the items in your shopping basket, you are making an offer to enter a contract. Your order will be processed for shipping as soon as we receive your order confirmation, which you will get by email along with the terms and conditions.

3.2  Partner sellers can create an account and sell their products on our website. Selling up to 15 items is free of charge. For partner sellers who want to sell more than 15 products have to buy a premium subscription. The premium subscription cost is 29.99 EUR per month. The premium subscription includes an unlimited number of articles and advertising on the three main banners of the home page. Hawiba is entitled to charge a commission of 5% gross price per item sold as a success fee. This rate can be increased or decreased by Hawiba with prior notice as stated at the beginning of the contract. Partner sellers are responsible for protecting members’ personal information received or processed, and they must comply with all relevant legal requirements of Turkish law. This includes applicable data protection and privacy laws including but not limited to KVKK laws that govern the ways in which they can use Hawiba user information. These laws may require that they post and comply with their own privacy policy, which must be accessible to Hawiba users with whom you interact. Their privacy policy must be compatible with this policy and Hawiba’s privacy policy.

3.3  Lenders can provide services on Hawiba.com. During the purchase of a product, the lender buys the product from the partner seller on behalf of the buyer and sells it to the buyer in installments at the price and number of installments to be determined by the parties through the chat section of the website. Hawiba.com offers the buyer a lender option in the payment section. Lenders make offers to buyers who choose this option. If an agreement is reached between the lender and the buyer through the chat system on our website, all payments to be made between the parties are carried out through Hawiba.com. Hawiba is entitled to charge a commission of 3% gross price per item as a success fee from the lender.
Lenders' offers must be fair to the buyers, and overcharge is explicitly prohibited by HAWIBA. HAWIBA has the right to delete the account of the lender in such cases. Overcharge means a trade offer where the seller seeks to gain an excessively high profit by exploiting an exceptional market situation and/or the particular need of the buyer, which they would not have achieved under normal circumstances. In case of dispute, the provisions of the Turkish Code of Obligations No. 6098 shall apply.

4. DELIVERY CONDITIONS

4.1  In addition to the stated product prices, shipping costs may be incurred. You will find more detailed information about shipping costs on the product detail pages. You bear your own costs for the use of remote means of communication (such as the Internet).

4.2  We deliver only by mail order. Self-collection or delivery to packing stations of the goods is not possible. Partner seller determines the shipping rules, prices, and return policy.

4.3  Delivery times are indicated on the product detail pages and depend on the delivery method. Delivery times are estimated and managed by shipping companies. For this reason, the delivery times do not impose any responsibility on Hawiba.

5. PAYMENT

5.1  You may often use the following payment options in our store: online bank transfer (Klarna), Payment gateway (Payop.com) for all credit cards (Visa, MasterCard, American Express, etc.), and lender option (Please find Article 3.3 to know more about our lender system). On the checkout page, you will see a list of the precise payment options accessible to you.

5.2  The transaction will be completed automatically, and your card will be charged when using a credit card.

5.3  If you choose an alternative payment method, you will be advised of the payment's due date before the transaction is completed.

5.4  In the event of a combined sale with a partner seller, you may optionally choose to get paper invoices in addition to receiving them electronically.

5.4  From the selection of the product to the payment, all transactions are carried out through Hawiba.com. Hawiba acts as a trustee between the buyer and the partner seller and ensures that the transactions are carried out smoothly. Hawiba transfers the money to the seller's account as soon as the delivery is confirmed, and the pay-out request is received. Charges may be incurred during Hawiba's payment processing. Payments to be made by Hawiba to the partner seller or lender are made after the expenses are deducted. The concept of “trustee” in this article does not impose any legal obligations on us. Hawiba cannot be held responsible for the legal relations between the buyer and the seller or the lender.

6. TRANSPORT DAMAGED AND DEFECTIVE PRODUCTS

6.1  If there is clearly visible package damage during product delivery, the buyer should make a complaint record with the courier and notify Hawiba immediately. If a report is not kept in front of the courier, Hawiba will not be held liable, and the buyer will not be able to benefit from the warranty coverage. Despite this clause, Hawiba's acceptance of the product and refund does not constitute a declaration of acceptance for other orders.
Hawiba assumes responsibility for damage and returns only its own products. Each partner seller at Hawiba is responsible for its own delivery to its customers. In the event of failure to comply with the rules, Hawiba has the right to permanently delete the seller's account."

6.2  The buyer shall inspect the product before receiving it; dented, broken, torn packaging, etc. will not receive the damaged, defective, or incomplete Product/service. The received Product/service shall be deemed to be undamaged and intact. It is the buyer's responsibility to carefully protect the product after delivery. If the right of withdrawal is to be exercised, the Product/service must not be used and must be returned together with the Product/service invoice and all other documents (for example, warranty certificate, user manual, etc.) submitted to the buyer at the time of delivery. In cases where the sent product is defective and the right of withdrawal, the provisions of Law No. 6502 on the Protection of the Customer are applied. The seller has the responsibility for their products, providing a true description of the goods, and ensuring proper delivery. In the case of not complying with the rules, Hawiba has the right to definitively delete the seller's account.

6.3  Hawiba is solely responsible for the defection of its products. Under no circumstances, if the customer receives defective products from the partner seller, he cannot demand a refund or compensation under any name from Hawiba.

7. WARRANTY, GUARANTEES, AND LIABILITY

7.1  Hawiba and partner sellers accept, declare, and undertake to deliver the Product/service completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, and other information and documents required to be delivered together with the Product/service, if any, in accordance with the legislation.

7.2  Unless otherwise specifically specified in this agreement or elsewhere, the statutory liability and warranty for defects shall apply. We, and- if also a contractual party- any partner seller, are obligated by law to supply items that are in compliance with these general conditions. If there is slight negligence on our part, on the part of our legal representatives, or on the part of our vicarious agents that results in a breach of essential contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and on the observance of which the contractual partner may regularly rely on, liability shall be limited to the amount of the damage anticipated at the time the contract was concluded.

7.3  The above limitations and shortening of time limits shall not apply to claims based on damage caused by us, our legal representatives, or vicarious agents.

in case of injury to life, body, or health

in case of an intentional or grossly negligent breach of duty as well as fraudulent intent

within the scope of a guarantee promise, if agreed, or

insofar as any rules, regulations, or laws relating to product liability in your jurisdiction apply and provide you with additional rights.

7.4  Information on any applicable additional guarantees and their exact conditions can be found in each case with the product and on special information pages in the online store.

8. RIGHT OF WITHDRAWAL

The Buyer has the right to withdraw from the Contract within 14 (fourteen) days without giving any reason and without paying any penalty. The right of withdrawal period is the day the Contract for the Service is established; It starts on the day the Buyer or the third party designated by the Buyer receives the Product for the Product. However, the Buyer may use his right of withdrawal within the period from the conclusion of the Contract until the delivery of the Product.

In cases where the delivery of the Product and the performance of the Service are together, the provisions of the right of withdrawal regarding the delivery of the Product shall apply.

Partner seller;

a) In case the buyer exercises his right of withdrawal before the delivery of the product or the performance of the service, from the date on which the notification regarding the use of the right of withdrawal is received

b) In the event that the Buyer exercises his right of withdrawal after the delivery of the Product if the price has not been transferred to the Partner seller as of the date the withdrawal notification is received, a cargo other than the date of delivery of the Product subject to the right of withdrawal to the Cargo company for the return or the one envisaged for the return. In case it is returned to the Company, from the date it reaches the Partner seller

c) If the Buyer uses his right to terminate the Contract due to the failure to deliver his order within the legal period, from the date on which the notice of termination is received.

Within 14 (fourteen) days, it is responsible for the return of the contract price and delivery costs to the

Buyer.

The notification of the right of withdrawal and other notifications regarding the Contract must be made through the communication channels of Hawiba and/or the Partner Seller specified on the Platform, in accordance with the legislation and within the time limit. The communication channels where the withdrawal notification will be made can be accessed from the [Money Withdraw in the profile left sidebar section]

In case of exercising the right of withdrawal:

a) The Buyer sends the Product back to the Partner Seller via the Cargo company within 14 (fourteen) days from the use of its right of withdrawal.

b) The product box, packaging, standard accessories, if any, and other Products gifted with the Product, if any, to be returned within the scope of the right of withdrawal, must also be returned complete and undamaged.

If the Buyer uses the Product in accordance with its operation, technical specifications, and usage instructions within the withdrawal period, it is not responsible for any changes and deteriorations that occur.

Within 14 (fourteen) days following the exercise of the right of withdrawal, the amounts subject to the Contract are returned to the Buyer with the Buyer's payment method. While the Product/service is being returned to the Partner seller, the original invoice submitted to the Buyer during the delivery of the Product/service must also be returned by the Buyer. If the Buyer requests a corporate invoice, he/she must issue a return invoice for the relevant Product/service return or reject the commercial invoice from their own systems, if possible, within the period.

As long as the Buyer sends the Product/service to be returned to the Partner seller with the Partner seller's Cargo company specified in the Preliminary Information Form, the return shipping fee belongs to the Partner seller. In case the Partner Seller does not have a Cargo company branch at the Buyer's location for the return, the Buyer may send the Product with any Cargo company. In this case, the Partner seller is responsible for the return shipping cost and the damage to the Product during the shipping process.

The buyer will use his right of withdrawal within the time and procedures specified in this article, otherwise, he will lose his right of withdrawal.

Hawiba is solely responsible for the return of its products and the right of withdrawal. Under no circumstances, if the customer uses his right of withdrawal from the partner seller, he cannot demand a refund or compensation under any name from Hawiba.

CASES WHERE THE RIGHT OF WITHDRAWAL CAN NOT BE USED

The buyer cannot exercise his right of withdrawal in the following contracts:

a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the Partner seller or Hawiba.

b) Contracts for goods prepared in line with the wishes or personal needs of the customer,

c) Contracts for the delivery of perishable or expired goods,

d) From the goods whose protective elements such as packaging, tape, seal, and package have been opened after delivery; Contracts for the delivery of those whose return is not suitable in terms of health and hygiene,

e) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature,

f) Contracts for books, digital content, and computer consumables offered in the material environment, in case the protective elements such as packaging, tape, seal, and package are opened after the delivery of the product,

g) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under the subscription contract,

h) Accommodations to be made on a certain date or period contracts for the transport of goods, car rental, catering, and leisure for leisure or recreation,

i) Contracts regarding services performed instantly in an electronic environment and intangible goods delivered instantly to the Buyer,

7. GENERAL TERMS

7.1  While we use reasonable efforts to include accurate and current information on our website, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. 

7.2  Hawiba reserves the right to suspend or delete the account of any user which is fake or the stored information is incomplete after one warning.

7.3  We use the following platforms on Hawiba.com:

Facebook, Instagram, Twitter, TikTok, Pinterest, YouTube, LinkedIn, Google Analytics, Google Business, and Google reCAPTCHA.

8. HAWIBA AFFILIATE PROGRAM

8.1  Hawiba Affiliate Program is an affiliate model where all users share the products they like with their followers or friends and earn commission on the products purchased via the link on our website.

8.2  Users who want to apply to this program need to register for the referral program. After the registration, users will receive an affiliate link that they can share with other customers. The number of products purchased from the link will be determined by our system and then canceled/returned products are deducted from the turnover and total earnings and reflected in the report on the panel.

9. SUPPORT POLICY

Hawiba provides support to sellers, lenders, and buyers. The purpose of this service is to resolve problems and disputes between buyers, sellers, and lenders. Hawiba helps resolve issues between the parties, but this in no way imposes any liability on Hawiba for any related dispute.

10. NEWSLETTER POLICY

Hawiba offers a newsletter service to its users who want to be regularly informed about the products. In this context, if you apply for a newsletter subscription on the website, your personal data such as "Name, Surname, e-mail, age, etc." are directly related to the establishment or performance of the contract in accordance with Articles 5/2-c and 5/2-f of the KVKK law. Provided that it is necessary to process the personal data of the parties to the contract and the legitimate interest of the data controller, it will be processed for the purpose of making newsletter subscription transactions and informing our subscribers about our market activities.

Hawiba may share your personal data with its partners and affiliates (and/or third parties that need to be shared for the performance of the job) in accordance with Articles 8 and 9 of the KVKK law. Your personal data will be processed for limited legal periods in accordance with the above-mentioned purposes and legal reasons and will be stored in accordance with the Law.

By applying to Hawiba as a data owner; If you submit your request to Hawiba in accordance with the application procedures stipulated in the Communiqué on Application Procedures and Principles to the Data Controller, Hawiba will conclude your request free of charge as soon as possible and within 30 (thirty) days at the latest. However, if the transaction requires an additional cost, Hawiba will be able to request the fee in the tariff determined by the Personal Data Protection Board.

11. RESOLUTION OF DISPUTES

For all kinds of disputes arising from the implementation of the contract, the Customer Arbitration Committees related to the Istanbul Anadolu Customer and Commercial Courts are in charge and authorized.