GENERAL SALES AGREEMENT AND PRE-SALES INFORMATION
CONTENT AND IMPLEMENTATION
This general sales agreement is applicable for all offers and purchases (“products”) carried out between “DİPERLİT MADENCİLİK SAN. TİC. A.Ş.” located at “ 1456 Sokak No 10/1 Punta İş Merkezi Kat 11 Daire 38 Alsancak / İzmir, the owner of the site: www.korudag.com.tr (“the site”) and the BUYER, through this site
Herewith DİPERLİT MADENCİLİK SAN. TİC. A.Ş. shall be referred as SELLER.
The BUYER is the real person(s) or legal entity(entities) 3rd party whom wants to order and purchase the products of DİPERLİT MADENCİLİK SAN. TİC. A.Ş. on this site.
- SUBJECT OF THE AGREEMENT AND THE PRODUCTS:
Type, quantity, model, color, number, sales price and alike details of the Product / Products are as stated on the site and the SELLER reserves the right to revise them the way he wishes and / or to remove it / them from the agreement, unconditionally, at any time. Herewith the BUYER agrees, declares and undertakes not to claim anything from the SELLER, in this respect.
- OFFER, PROVIDING INFORMATION AND ACCEPTANCE
- All prices stated or mentioned in this site, offer demands and definitions depend on the availability of the products and such data cannot be considered as an offer, thus, can be withdrawn and / or revised without any notice unless the order is approved by the SELLER.
- The SELLER shall do his best to make all the products stated in the site, available. However, this does not mean that all products are available in stocks or can be supplied / produced as soon as the order is placed. If the product is not available in the stock / cannot be supplied, then the prepayment made by the BUYER shall be refunded.
- The order submitted by the BUYER is deemed as an offer to purchase the products of the SELLER within the content of this agreement and is subject to approval of the SELLER.
The SELLER may send an automated receipt-confirmation e-mail before this approval. Such receipt-confirmation cannot be interpreted as approval of the order and the SELLER always reserves the right to decline the order.
The order is approved as soon as the order is dispatched and the agreement is fulfilled.
The BUYER herewith declares that he / she read thoroughly all pre-sales details regarding the basic qualities, sales price and payment term of the product and confirms them on electronic environment.
- PRICE AND PAYMENT TERMS
Before the approval and dispatch of the goods, the SELLER always reserves the right to withdraw the discounts and / or review the prices and change them when there is an increase in costs, transportation, labor, amount of taxes, duties, fees or if there are any additional taxes, duties, fees; changes in exchange rates (without any limitation) which increases the cost of the product.
Furthermore, the BUYER is also deemed to accept to pay the product price and taxes, transportation or delivery charges stated on the site at time the order is submitted to the SELLER.
Herewith the BUYER agrees and undertakes to make the payment by one of the below stated methods:
- By a valid credit card,
- Cash on delivery for the deliveries by contracted courier services,
- -By money order or bank transfer/EFT to the bank account o f the SELLER
Herewith the BUYER agrees that, if he chooses to pay by credit card, he shall not be able to purchase, unless the validity of his credit card is verified.
The order shall not be approved or dispatched until the payment is completed.
- The subject of this agreement is mode of delivery of the product to the BUYER, delivery of the product by the SELLER, through a courier service, to the address of BUYER stated in writing. Herewith the BUYER declares and guarantees in advance that he approves the mode of delivery stated by the SELLER.
- Delivery schedule / dates stated on site, on the confirmation of the order or elsewhere, are only estimated. The subject product of this agreement shall be delivered to the BUYER himself / herself or to the person authorized by him / her, at the address stated by the BUYER, within the time limit defined in the pre-sales details, depending on the location of the delivery address, with the condition not to exceed 5 business days.
- The SELLER is obliged to deliver the goods in whole and complete and good condition, in accordance with the qualities defined in the order and together with the warranty certificate and manual, if any, with the condition that the provisions of this agreement are reserved.
- If the delivery address is changed after the order is placed, then additional charges shall be paid by the BUYER.
- For the delivery of the subject product of the agreement, this agreement has to be approved in electronic environment and the sales price has to be paid by the BUYER through the preferred mode of payment option. If the payment is not made or cancelled by the bank for whatsoever reason, then the SELLER shall be released from his liability to deliver the goods.
- If the sales price is not transferred by the bank or by the finance institution to the SELLER, due to unauthorized, wrongful or unlawful use of the credit card of the BUYER without any fault of the BUYER, then the BUYER is required to return the purchased product/s to the SELLER within 3 (three) business days after being informed about the matter by the SELLER.
- If the SELLER fails to deliver the goods at all or within the allowed time limit due to force majeure and / or extraordinary circumstances such as bad weather conditions that impedes the delivery or interruptions and / or due to other unpredictable matters which are not mentioned in this agreement, then he is obliged to inform the BUYER. In that case, the BUYER may ask for an equivalent product to be sent or postpone the delivery till the situation impeding the delivery ends.
- If the product/s, dispatched in accordance with the provisions of this agreement is / are damaged, the BUYER may ask for replacement with equivalent product/s.
RIGHT OF WITHDRAWAL
The BUYER has a right of withdrawal within 14 (fourteen) days following the delivery of the good/s to himself/ herself, or to the person/entity he authorized, at the address he stated. To be able to exercise the right of withdrawal, the SELLER has to be informed in writing by fax or by e-mail, the goods have to be unused and the original packaging of the goods should be intact. When this right is exercised, then the delivery receipt, proving that the goods delivered to the BUYER or to the 3rd party are dispatched, as well as the original bill of sale should be returned. Within 7 business days following the receipt of these documents, the SELLER shall contact the bank of the BUYER to refund the sales price to the credit card account of the BUYER. The SELLER shall not be liable of flaws caused by the bank for the refund of the sales price. VAT amount and other legal liabilities shall not be refunded unless the original bill of sales is returned. Delivery charges of the product for which the BUYER exercises the right of withdrawal, are payable by the BUYER. Furthermore, right of withdrawal cannot be exercised for a product which cannot be returned due its nature (products which contacts user directly, etc.), disposable products, perishable goods or expired goods, etc.
RETURN AND REPLACEMENT
If the delivered product is damaged and the BUYER contacts the SELLER latest within 2 days after the delivery, through e-mail, the damaged product returned to the SELLER by the courier service, shall be replaced with a new one. If the damage is result from use of BUYER or if the product is used or the original packaging is not intact, then the product cannot be replaced.
If the returned goods are sent back by a contracted courier service, then the delivery charges shall be payable by the SELLER. Otherwise, the BUYER shall bear the delivery charges. Submitting the original bill of sales of the product is compulsory for the returned goods. No transaction can be carried out without this document.
The sales of the SELLER is limited with his own stock levels. The SELLER may not deliver the goods which are not available in stocks. In that case, he may cancel the order and refund the sales price to the account of the BUYER.
RIGHT AND LIABILITIES
The BUYERS agree, declares and undertakes that the information provided by them on the web-site are correct and legitimate. The SELLER is not obliged to verify the details provided or uploaded and/ or revised on the web-site by the BUYER and is not liable for the consequential damages if the mentioned details are wrong or incorrect.
The BUYER is liable for security, storage, confidentiality and usage of the tools (BUYER’s name, password, etc.) the he / she uses to access the services of the SELLER. The SELLER, directly or indirectly shall not be liable of any consequential damages to the BUYER and / or third parties due to the failure of the BUYER to protect, securely store access tools and to keep them confidential.
The BUYER guarantees that he shall not transmit any data or programs that may be harmful to the data or software on the computers of other BUYERS; he has consent for all the records or materials acquired by using the services of the SELLER; he/she shall be solely liable of all failures, loss of data and other types of losses that such data or material may cause on his / her (BUYER’s) computer; he shall not have any claims from the SELLER in regards with the usage of the services; and he shall not use the services of the SELLER with commercial or advertising purposes without his consent.
The BUYER cannot transfer his rights and liabilities arising from this agreement, fully or partially, to any third parties.
The SELLER is fully authorized to allow content provider and web service users to use the personal data provided by the member, with communication, promotion, product delivery, advertisement, etc. commercial purposes.
The SELLER may support or personally manage any kind of advertising and promotional activity of the companies, products of which are being offered by the SELLER, aimed at the BUYER, without seeking for consent of the BUYER.
SATICI ileride doğacak teknik zaruretler ve mevzuata uyum amacıyla işbu sözleşmenin uygulamasında değişiklikler yapabileceği gibi mevcut maddelerini değiştirebilir veya yeni maddeler ilave edebilir. Bu halde üyenin hizmetlerden yararlanabilmesi için sözleşme değişikliklerini ilgili butonu tıklamak suretiyle onaylaması gerekir.
FİKRİ MÜLKİYET HAKLARI
Bu internet sitesinin genel görünüm ve dizaynı ile internet sitesindeki tüm bilgi, resim, SATICI markası ve diğer markalar, alan adı, logo, ikon, demonstratif, yazılı, elektronik, grafik veya makinede okunabilir şekilde sunulan teknik veriler, bilgisayar yazılımları, uygulanan satış sistemi, iş metodu ve iş modeli de dahil tüm materyallerin ve bunlara ilişkin fikri ve sınai mülkiyet haklarının sahibi veya lisans sahibidir ve yasal koruma altındadır. Internet sitesinde bulunan hiçbir Materyal; önceden izin alınmadan ve kaynak gösterilmeden, kod ve yazılım da dahil olmak üzere, değiştirilemez, kopyalanamaz, çoğaltılamaz, başka bir lisana çevrilemez, yeniden yayımlanamaz, başka bir bilgisayara yüklenemez, postalanamaz, iletilemez, sunulamaz ya da dağıtılamaz. Internet sitesinin bütünü veya bir kısmı başka bir internet sitesinde izinsiz olarak kullanılamaz. Aksine hareketler hukuki ve cezai sorumluluğu gerektirir.
ALICILAR, Websitesi üzerinde yer alan ve SATICI’ ya ve diğer ALICILARA ait her türlü Fikri Sinai Mülkiyet Haklarını ihlal etmemeyi kabul, beyan ve taahhüt ederler.
ALICI, Gizlilik Hükümlerinde yer alan hükümler ile birlikte yürürlükteki emredici mevzuat hükümleri gereğince veya diğer ALICILAR ile üçüncü şahısların haklarının ihlal edildiğinin iddia edilmesi durumlarında, SATICI’ nın ALICILARA ait gizli/özel/ticari bilgileri gerek resmi makamlara ve gerekse hak sahibi kişilere açıklamaya yetkili olacağını ve bu sebeple SATICI’ dan her ne nam altında olursa olsun tazminat talep edilemeyeceğini kabul, beyan ve taahhüt eder.
The SELLER, at any time, fully at his own disposal and unilaterally may amend this SALES Agreement and its attachments by announcing on the web-site. The amended provisions of this agreement shall be enter into force on the date of announcement and the rest of the provisions shall remain in force as they are and continue to bear legal consequences.
Any dispute that may arise due to implementation of this agreement shall be settled in accordance with Turkish Law and by İzmir Consumer Court and Arbitration Committee For Consumer Problems and Execution offices of İzmir.
EXPIRATION OF AGREEMENT
This agreement shall remain in force as long as the BUYER has access to and / or remain as a member of the web-site of the BUYER and shall continue to bear legal consequences for the parties; and shall end when the membership of the BUYER expires or temporarily or permanently stopped. The SELLER may unilaterally terminate this agreement and / or the membership of the BUYER to the web-site if the BUYER breaches rules regarding membership to the web-site or the services provided therein and the BUYER is obliged to compensate all the direct or indirect consequential damages of the SELLER resulted due to the termination of the agreement.
The BUYER agrees, declares and guarantees that he read the afore-mentioned sales provisions and pre-sales data and he wishes to carry out the purchase transaction accordingly.