TERMS AND CONDITIONS OF USE
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.altinkaya.eu to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
www.altinkaya.eu is a site operated by ALTINKAYA ELEKTRONİK CİHAZ KUTULARI SAN. TİC.A.Ş. located in Has Emek Sanayi Sitesi 1469. Sokak No:10 Ivedik OSB OSTIM ANKARA TURKEY
By placing an order through our site, you warrant that:
• You are legally capable of entering into binding contracts; and
• You are at least 18 years old.
1. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
1.1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been shipped (the “Shipping Confirmation”). The contract between us (“Contract”) will only be formed when we send you the Shipping Confirmation.
1.2. The Contract will relate only to those Products whose shipping we have confirmed in the Shipping Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the shipping of such Products has been confirmed in a separate Shipping Confirmation.
2. AVAILABILITY AND DELIVERY
Your order will be fulfilled by the delivery date set out in the Shipping Confirmation or, if no delivery date is specified, then within 30 days of the date of the Shipping Confirmation, unless there are exceptional circumstances.
3. RISK AND TITLE
3.1. The Products will be at your risk from the time of delivery.
3.2. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges
4. PRICE AND PAYMENT
4.1. The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
4.2. Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Shipping Confirmation.
4.3. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our shipping procedures so that, where a Product’s correct price is less than our stated price, we will charge the lower amount when shipping the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before shipping the Product, or reject your order and notify you of such rejection.
5. OUR RETURN AND EXCHANGE POLICY
5.1. RETURNS: All returns must be requested within 7 days of the date item was received. Items returned must be in like-new condition and unworn to be accepted as a return. Items must be returned with a Return Authorization issued by us. Upon receipt of returned goods according to these conditions the full amount less shipping and handling will be refunded to you. Note: Items which does not appear on the website and made or modified to the consumer's specifications will not be refunded.
5.2. EXCHANGES: Exchange request must be made within 7 days of the date the item was received. A Customer Service Representative will contact you regarding your exchange. If your exchange results in a refund, the refund will be credited to you. If your exchange results in an amount due to us you will be responsible to pay prior to new item being shipped.
5.3. Please allow 10 to 30 business days for us to receive and process your return or exchange. You will receive an email notification upon the completion of return processing.
6. OUR LIABILITY
6.1. We warrant to you that any Product purchased from us through our site is of satisfactory quality.
6.2. Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.
6.3. This does not include or limit in any way our liability for death or personal injury caused by our negligence or for fraud or your statutory rights as a consumer.
6.4. We accept no liability for any loss or damage cased by us or our employees or agents:
6.4.1. where there is no breach of a legal duty of care to you by us or by any of our employees or agents;
6.4.2. where such loss or damage is not a reasonably foreseeable result of any such breach;
6.4.3. for any increase in loss or damage resulting from breach by you of any terms of this contract.
7. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
8. TRANSFER OF RIGHTS AND OBLIGATIONS
8.1. The contract between you and us is binding on you and us and on our respective successors and assigns.
8.2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
8.3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
9. EVENTS OUTSIDE OUR CONTROL
9.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
9.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
9.2.1. Strikes, lock-outs or other industrial action.
9.2.2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
9.2.3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
9.2.4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
9.2.5. Impossibility of the use of public or private telecommunications networks.
9.2.6. The acts, decrees, legislation, regulations or restrictions of any government.
9.3. Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
10.1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
10.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
10.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 11 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12. ENTIRE AGREEMENT
12.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
12.2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
12.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
13. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
13.1. We have the right to revise and amend these terms and conditions from time to time.
13.2. You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Shipping Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
14. LAW AND JURISDICTION
Contracts for the purchase of Products through our site will be governed by Turkish law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Ankara-Turkey.
15. INTELLECTUAL PROPERTY
The content of www.altinkaya.eu is protected by copyright, trademarks, database and other intellectual property rights. You may retrieve and display the content of on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on www.altinkaya.eu without written permission from Altınkaya Elektronik Cihaz Kutuları San. Tic. A.Ş.
16. RESTRICTIONS ON USE
You may not use the site www.altinkaya.eu for any of the following purposes:
• disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
• transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice
• gaining unauthorized access to other computer systems
• interfering with any other person’s use or enjoyment of www.altinkaya.eu
• breaching any laws concerning the use of public telecommunications networks
• interfering or disrupting networks or websites connected to www.altinkaya.eu
• making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner
You will indemnify us against all losses, liabilities, costs and expenses reasonably suffered or incurred by us, all damages awarded against us under any judgment by a court of competent jurisdiction and all settlements sums paid by us as a result of any settlement agreed by us arising out or in connection with:
• any claim by any third party that the use of www.altinkaya.eu by you is defamatory, offensive or abusive, or of an obscene or pornographic nature, or is illegal or constitutes a breach of any applicable law, regulation or code of practice;
• any claim by any third party that the use of www.altinkaya.eu by you infringes that third party’s copyright or other intellectual property rights of whatever nature; and
• any fines or penalties imposed by any regulatory, advertising or trading body or authority in connection with the use of www.altinkaya.eu by you.
• Other than claims arising from the use by you of the site to order product(s) in the normal manner .
18. CONTACT US
If there are any questions regarding this policy you may contact us using the information below.
Adress : Has Emek Sanayi Sitesi 1469. Sokak (Eski 684. Sok) No:10 İvedik OSB OSTIM ANKARA TURKEY
Tel : +90(312) 395 2768
Fax : +90(312) 395 2772
Approval Date : July 30, 2012
Revision Nr : 1.0