Commercial Purchase Agreement

 

This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below.

Seller

Title : Radeks Radyator San. ve Dis Tic. Ltd. Sti

address : Organized Industrial Zone 25 CAD. NO:4 ODUNPAZARI/ESKISEHIR

Telephone : +90 222 236 90 11

Email : contact@hammamradiator.com.tr

website : www.hammamonline.com

Buyer

Title :

address :

Telephone :

Email :

In this AGREEMENT, BUYER and SELLER will be referred to as "PARTY" separately and "PARTIES" together.

2nd. THE SUBJECT OF THE CONTRACT,

2.1. The subject of this Commercial Purchase Agreement (hereinafter referred to as the "CONTRACT") is the subject of the BUYER's https://www.hammamonline.com/ (hereinafter briefly referred to as the "INTERNET SITE") belonging to the SELLER. It is the determination of the rights and obligations of the Parties regarding the sale and delivery of the product, which has the qualifications written on the WEBSITE and whose sales price is specified, purchased by placing an electronic order in terms of the Products published on the website at the URL https://www.hammamonline.com/urunler. .

2.2. Within the scope of this AGREEMENT, this AGREEMENT is subject to the General Provisions of the Turkish Commercial Code No. 6102 and the Code of Obligations No. 6098, since the PARTIES are "traders" or "tradersman" in accordance with the Turkish Commercial Code No. 6102, and the subject matter of the AGREEMENT is "commercial business"

2.3. The Buyer shall be informed about the basic characteristics, sales price, number, payment method, delivery conditions and similar information about the product subject to sale, as well as cancellation and return conditions of the above-mentioned Product/Products, and confirms this information in electronic environment voluntarily, and then accepts and declares that he/she has purchased the product by placing an order.

2.4. The proforma invoice on the payment page of the website and the Clarification Text on the Protection of Personal Data are the annexes and inseparable parts of this AGREEMENT.

3. Rights and liabilities of the parties

3.1. The SELLER is obliged to deliver the products subject to the order to the BUYER in full at the SELLER’s address within the delivery date after the payment is made in full.

3.2. The BUYER is obliged to report all the information requested from him, such as name, surname, company title, e-mail address, telephone, address, billing information, in accordance with the law, in an up-to-date, correct and complete manner, while becoming a member of the WEBSITE and during the order.

4. PROVISIONS REGARDING THE ORDER

4.1. The BUYER has to enter the information requested on the WEBSITE in order to order the Products at the URL address with the inscription https://www.hammamonline.com/urunler. If the BUYER places an order without being a member, he/she becomes a member of the Website at the end of the order by approving the Terms of Use, Membership Agreement, Clarification Text on the Protection of Personal Data and other necessary documents. The BUYER can terminate his membership at any time and without giving any reason.

4.2. The BUYER selects the products by seeing their qualities and qualifications on the website and completes the order by making the payment.

4.3. Based on the payment, the products will be handled to the BUYER within the deadlines specified on the site.

5. CANCELLATION AND REFUND CONDITIONS

5.1. Pursuant to this contract, the Turkish Commercial Code and the Communiqué on Applied Procedures and Principles Regarding Door-to-door Sales, the Law of Obligations and other relevant legislation, taking into account the specific nature of on-line sales, on condition that the BUYER returns the goods to him in the condition at the time of delivery, from the date of delivery. The products that are found to be defective due to a manufacturing fault within the legal period from the date of the date of issue will be taken back by the SELLER, and the SELLER accepts and undertakes that it is responsible for the damages arising from the failure to fulfill the obligations mentioned in this article.

5.2. In order for the product to be returned, the SELLER must prove that it is returning the Product for reasons arising from it. If the BUYER cannot prove this situation, he accepts, declares and undertakes that there will be no cancellation of the Product.

5.3. Once the order has been confirmed by the BUYER and the payment has been made, it cannot be canceled. The only exception to this situation is the SELLER's acceptance of order cancellation.

6. DELIVERY AND DELIVERY METHOD OF THE PRODUCTS

6.1. The Products subject to the order will be made ready at the SELLER’s addres.  

The delivery cost, VAT cost at the arrival country and customs costs are not included. SELLER does not have any responsibility other than handing the cargo to the Cargo Company at the BUYER’s address. SELLER can arrange Cargo service on the request of the BUYER. In this case, BUYER will invoice the cost of Cargo to SELLER but will not be responsible of Cargo Company’s activities.

 

The Buyer accepts, declares and undertakes that the information he gives about the delivery of his order, such as "Delivery Information" and "Buyer", is correct and up-to-date, and that his order can be received by himself or the buyers he has determined, only against presentation of his identity. The BUYER is responsible for not reporting the delivery information correctly, such as delivery information and Buyer information.

The Products subject to the order are delivered to the person and/or organization at the address indicated by the BUYER. Even if the BUYER is not present at the time of delivery, our company will be deemed to have fulfilled its obligation fully and completely. Therefore, the SELLER is not responsible for the damages and expenses arising from the late delivery and/or non-delivery of the product by the CONSUMER.

6.2. As a rule, delivery costs belong to the BUYER. If the SELLER has declared on the WEBSITE that the delivery fee of those who shop above the amount declared in the system during the period of the transaction, will be covered by him or that he will make free delivery within the campaign, the delivery cost will belong to the SELLER. However, the SELLER is free to determine under which conditions the delivery will be covered by him and does not make any commitment regarding the delivery fee.

6.3. Delivery is made on the condition that it is not more than 30 days according to the stock status of the products.

6.4. Orders placed on Saturdays, Sundays and public holidays are considered to be placed on the first business day following the confirmation of the payment information.

7. SELLER'S RESPONSIBILITY

7.1. The BUYER, pursuant to the Turkish Commercial Code No. 6102; is responsible for checking for defects during the delivery of the ordered products.

7.2. The BUYER is obliged to notify the SELLER within 3 (three) days, in accordance with Article 23/c of the Turkish Commercial Code No. 6102, in case of a clearly visible defect in the delivered products. Otherwise, the BUYER shall be deemed to have accepted the delivered product as defective, in accordance with Article 223 of the Turkish Code of Obligations No. 6098.

7.3. The BUYER is obliged to inspect and control (inspect and/or have the product examined) against obvious (hidden) defects in the products delivered to him, and in case of detecting/recognizing a defect in the products within 8 (eight) days from the delivery date, it shall be immediately reported to the SELLER. have an obligation to report. Otherwise, the BUYER shall be deemed to have accepted the delivered product as defective, in accordance with Article 223 of the Turkish Code of Obligations No. 6098.

7.4. The BUYER is obliged to send the product to the SELLER completely and completely as it was received, by creating a return request on the WEBSITE together with the defect notice. In order for the BUYER to return the delivered product for any reason; It is necessary to keep the product in its original packaging, and to send it back in its original form, complete with all packaging materials, without any physical damage. In addition, all originals and copies of the waybill and invoice must be sent with the products.

7.5. Except for the damage caused by the carrier making the delivery, if there is any abnormal condition such as damage, dents, wetness that can be noticed without opening the package; The BUYER should request the delivery person to prepare a report.

The BUYER is responsible for checking the Product as soon as it is received and when he sees a problem in the Product caused by the cargo, not accepting the Product and keeping a report to the CARGO company official. The BUYER accepts, declares and undertakes that the claims that the product received and for which a report is not kept within the scope of this article is defective, will not be accepted.

The SELLER, by making the necessary checks with the duly notification and then the delivery of the product to him; If the BUYER is right in his statements, he replaces the defective product and delivers it to the BUYER at his own expense. The BUYER can also request a refund if he/she wishes. In this case, the refund will be made within 10 (ten) business days.

7.6. In the event that the returned defective product is out of stock, there is no possibility of remanufacturing or the possibility of replacing it with a defect-free product disappears due to similar compelling reasons, the SELLER declares that he will return the product price to the BUYER in the same way as it was collected, without paying any interest or expense. commits.

7.7. The provisions of the Tax Procedure Law No. 213 and the relevant legislation are reserved in the product return, and the BUYER and SELLER are obliged to comply with the specified provisions.

7.8. The SELLER reserves the right to make changes on the prices, product, color, material types, ready-made designs, as well as promotions and campaigns on the WEBSITE, at any time, without the obligation to give any further notice, and/or to cancel, delete, and disable all specified matters. amount. The BUYER accepts and declares in advance that it will not demand any compensation from the SELLER for any direct and/or indirect damages incurred due to these changes or cancellations.

8. PROVISIONS ON PRICES

8.1. The price of the ordered products is stated on the WEBSITE and in the content of the invoice sent to the BUYER. Unless otherwise stated, prices do not include VAT of the arrival country.

8.2. If the BUYER makes purchases with a credit card or in installments, the installment form chosen from the WEBSITE is valid. In installment transactions, the relevant provisions of the contract in force between the BUYER and the cardholder bank are valid. The credit card payment date is determined by the provisions of the contract between the bank and the BUYER, and the SELLER has no obligation regarding this issue.

9. Force Majeure

9.1. Circumstances that did not exist at the date of conclusion of the CONTRACT and developed beyond the control of the PARTIES, which make it impossible for the SELLER to partially or completely fulfill the obligations and responsibilities undertaken by the Contract or to fulfill them on time, force majeure (all kinds of natural disasters, war, terrorism) , uprising, epidemic disease, endemic, pandemic changes in the provisions of the legislation, seizure, strike, lockout, major malfunction in production and communication facilities, widespread and/or continuous electricity and/or internet interruptions, etc.).

9.2. In the event of Force Majeure, the SELLER may avoid unilaterally fulfilling the obligations under this Agreement, without compensation, by returning the price paid.

10. EVIDENCE AGREEMENT AND AUTHORIZED COURT

10.1. In all kinds of disputes that arise or may arise between the parties, the commercial books, records and documents of the SELLER, as well as computer, fax records, microfilms, e-mail correspondence are subject to the Law of Civil Procedure No. 6100 m. According to 193, the BUYER irrevocably accepts, declares and undertakes that it will be in the form of conclusive evidence.

10.2. This Agreement has been arranged and approved electronically between the PARTIES before the BUYER makes the payment; In this context, this Agreement replaces the written agreement between the Parties and is in the form of an electronic document in accordance with the Code of Civil Procedure No. 6100.

10.3. Eskişehir Courts and Enforcement Offices are authorized and responsible for the resolution of any dispute arising from this Agreement, and the law of the Republic of Turkey will be applied in the resolution of any dispute.