This agreement has been concluded between Yıldız Hortum İthalat İhracat Sanayi ve Ticaret Ltd.Şti., a company established under the laws of the Republic of Turkey and registered to Bursa trade registry office under the registry number, 76435 with the address of Akva San.Sit.76.Sk.No:1/P-R (herein after will be referred as “SELLER”) and the buyer (herein after will be referred as “BUYER”) who informed his/her contact information in electronic environment through www.yildizhortum.com website (herein after will be referred as “WEBSITE”).
Article 1: Subject
The subject of this agreement comprises the determination of the rights and obligations of the parties regarding to the sale and delivery of the products; chosen from the website with specified features and with the content and sales price that has mentioned in the website; ordered by the BUYER from SELLER’s website in electronic environment.
With respect to the provisions of this agreement BUYER accepts and declares that; he/she has the information about the essential features of the goods that are subject to sale, the OEM numbers are not the product numbers, products are the equivalents to the goods with given OEM numbers, the sales price; the method of payment, delivery terms etc. and all the preliminary information about the product that is subject to sale and he/she confirms those preliminary information in electronic environment before ordering the product. Preliminary information, existing in the website, declarations of BUYER, payment information and approval of the BUYER and the invoice are inseparable parts of this agreement. At the moment of the execution of the order, BUYER shall be considered as he/she has already read, understood and accepted all the conditions of this agreement.
Article 2: Delivery of the Product, Place of Performance of the Agreement and Delivery Terms
Product will be delivered to the address that BUYER required for the delivery through the official of the Carrier Company and will be handed over to BUYER and in his/her absence to one of his/her employee, secretary or to someone who will be deemed suitable by the carrier company. All the expenses regarding to the delivery of the product belongs to the SELLER until the delivery. Customs duties are the BUYER responsibility.
BUYER accepts that he/she is obligated to wait or to charge someone to wait the products in the delivery address that he/she informed within the delivery time. Even in the event of the BUYER to be absent in his/her address at moment of the delivery, SELLER shall be regarded as he/she has completely and fully fulfilled his/her own action. For this reason, all the damages arising from the late receiving of the products by BUYER and the expenses arising from the waiting of the goods in the carrier company and/or return of the goods to the seller are belong to the BUYER.
Delivery shall be done in the shortest time possible in the event of the stock to be available and after the product value to be transferred to the SELLER’s account. In the event of the product value not to be paid by the BUYER, there shall be no obligation for the SELLER about the delivery of the product. SELLER delivers the product within 15 (fifteen) days from the order date and reserves the right of 10 (ten) days of extension with further written notification within this term.
If the SELLER cannot deliver the product subject to the agreement within the delivery time because of the insufficient stock and similar commercial impossibilities, unexpected situations, force majeure or state of exceptions that prevent the delivery like adverse weather conditions, interruption of transportation, SELLER is obligated to inform the situation to the BUYER. BUYER accepts and undertakes that he/she will not demand any other rights than the amount that he/she paid for the product from the SELLER because of this mentioned delay. If the amount of the product will not be paid because any kinds of reason or will be cancelled in bank records, SELLER will be accepted to be released from obligation of the delivery of the product.
Article 3: Representations and Warranties of Buyer
BUYER shall check the product subject to agreement, before receiving and he/she will not accept products which are jammed, broken, has torn wrapping etc., damaged and defected from carrier. Delivered product shall be deemed as non-damaged and in good condition. After the delivery, the debt of carefully conservation belongs to BUYER.
After the delivery, defects arising from flaw shall be determined by BUYER through an authorized expert. After the product returned to the SELLER with expert report and original invoice, BUYER can use the right of exact refund of the payment or exchange with an equivalent product. BUYER accepts and undertakes not to make any claims from SELLER under the name of determination, transportation or any kinds of expenses.
After the delivery of the goods, in the event of the relevant bank or finance company not to pay the amount of the product to SELLER because of the reason that the instrument of payment belongs to BUYER used unjustly and illegally by unauthorized persons, not based on the fault of BUYER; BUYER shall be liable to return the product to the Seller within 3 (three) days on condition that the product has delivered to him/her. In this case, delivery expenses belong to BUYER. Also, as per article 2 of this agreement, BUYER accepts and undertakes to fulfill the obligations and the delivery which has been made to the address informed by BUYER and to the person who exists in this address during delivery moment shall be deemed as delivered to BUYER.
Article 4: Representations and Warranties of Seller
SELLER is obligated to deliver the chosen product/products to the BUYER after receiving the payment from BUYER. In the event of the BUYER not to make payment, regarding to this agreement, SELLER has no legal liability.
Seller is responsible to deliver the product subject to agreement as complete, in good condition, in pursuant to the qualifications mentioned in the order and if exist, with the certificates of warranty. If the product subject to agreement will be delivered to a third person/company, in the event of the third party/company doesn’t accept the delivery, Seller shall not be hold responsible.
In the event of BUYER determined the flaw with an expert report, SELLER accepts to refund the amount or give the equivalent of the product. SELLER has the right to get confirmation about the reality of the returned product and the expert report and within this period not to give an equivalent product or refund to the BUYER.
If Seller thinks that fulfillment of the delivery gets impossible, he/she informs to the BUYER before the fulfillment term expired. In this case BUYER can use one of the rights; cancellation of the order, if exists change of the product subject to the agreement with an equivalent product and/or postponing the delivery date until the obstructive condition to be removed. If the BUYER cancels the order, the paid amount and if exists documents shall be returned within 30(thirty) days.
Article 5: Features of the Product, Subject to Agreement
Type and kind, quantity, Trademark/model, color and sales price including all taxes of the product are same with the information existing in the introduction page of the product at the website and mentioned in the invoice which is an inseparable part of this agreement. Seller is not responsible with price update errors that occur because of technical reasons.
BUYER accepts that he/she knows that the OEM numbers mentioned next to the products in the website doesn’t belong to those products and contains only the equivalent of the product with given OEM number and he/she has been warned several times regarding to this matter.
Article 6: Damage and Compensation Rights
Responsibility doesn’t belong to SELLER in any kinds of damages arising from the usage of the product. All kinds of compensation rights of SELLER are reserved for the damages arising from BUYER’s false information or deferred payment.
Article 7: Price and Payment
Prices of the products are being informed in the website. SELLER has the right to change those prices anytime. Payment can be done as advance payment by BUYER by means of credit card or other electronic payment instruments through website or depositing the payment into the mentioned bank account of SELLER. In regards to this agreement, in the event of short payment, SELLER has no responsibility for the delivery of the goods and cannot make any demands from BUYER other than the deposited amount.
Article 8: Applicable Law and Place of Jurisdiction
Parties chose and agreed that all the disputes arising from this agreement shall be subjected to the law of State of the Republic of Turkey. Parties accept that the Courts and Execution offices of Bursa province, exists within the bounds of State of the Republic of Turkey shall be the place of settlement of disputes.
Article 9: Validity
In the event of the payment to be done belong to the order placed through website or approval in regard to reading and acceptance of the agreement, BUYER shall be deemed as he/she confirms all the provisions of this agreement as it is. SELLER is responsible to make software arrangements which prevent the orders to be given without the reading and acceptance of the subject agreement in the website by BUYER.