ARTICLE 1:PARTIES
Elips spor malzemeleri san. ve tic. ltd. şti.
ADRESS: Poyraz sok. Sadıkoğlu İş Mrk. 1/70 Hasanpaşa/Kadıköy/İstanbul
BUYER
The customer and/or the member of the shopping site named www.elipsspor.com. The address and contact information provided in the subscription will be taken as the basis.
ARTICLE 2: SUBJECT
The subject of hereby this contract is to determine the rights and liabilities of the parties, in accordance with the Provisions of the Regulation (numbered 4077) on Applications Methods of Law and Distance Contracts for the Protection of Customers, in relation to the sale and delivery of the products of which contents and selling price are specifed in the articles numbered 1.3 and 1.4 of this contract and which the BUYER order online on the website www.elipsspor.com pertaining to the SELLER. The Buyer accepts and undertakes that he knows about all pre-information and the right of withdrawal in relation of essential features, selling price, means of payment, terms of delivery etc. of the products; that he has confirmed this pre-information online and ordered products afterward according to the contractual provisions. The pre-information service and invoice on the website www.elipsspor.com are the integrated part of this contract. As soon as the order is realized, the Buyer will be deemed to have accepted all the terms of this contract.
ARTICLE 3: DELIVERY OF THE PRODUCT – PLACE OF EXECUTION – MEANS OF DELIVERY
The product will be delivered to the address xxx, demanded address of the Buyer, by an authorized cargo officer, to the person named xxx.
ARTICLE 4: COST OF DELIVERY AND EXECUTION
Cost of delivery belongs to the Buyer. Cost of delivery only belongs to the Seller if the Seller has declared that they will cover the expenses. The seller will be deemed to have served their duty completely although the Buyer is not present in his/her address during the time of the delivery. Thus, all damages and expenses caused by late delivery, awaiting the product in the cargo company and/or the expenses to return the product to the seller belong to the Buyer.Delivery is executed as soon as possible after the payment is made into the account of the Seller if the product is present in the stock. The Seller delivers the product in 30 (thirty) days after the date of the order and reserves the right to extend this period for 10 days more with a written notification. The seller is liable to notify the Buyer if they fail to delivert the product in the specified time due to inventory stockouts or the like commercial impossibilities, unexpected circumstances, force majeure or ait traffic preventing the transportation, transportation disruption etc. It is mandatory for the delivery of the contractual product that a signed copy of this contract shall be sent to the Seller and the payment shall be made in any means the Buyer wishes. If the payment is not made or cancelled in bank records by any reason, The Seller will be deemed to have no more liability for the delivery of the product.
ARTICLE 5: STATEMENT AND UNDERTAKINGS OF BUYER
BUYER must check the product whether there is any crush, breakage and ripped wrapping and not receive the product from courier company. Received product will be accepted that it is in good condition. After receiving, care of the product belongs to BUYER. In the case of using the right of withdrawal, product must not be used and invoice must be given back. If original invoice is not sent, Value-added-tax and other legal obligations are not given back to BUYER. Delivery price of the returned product, because of the rigth of withdrawal, is paid by BUYER. After delivery of the product, relating to be used of Credit card belonging to the BUYER illegaly, not being a fault of BUYER, by unauthorized person, in the case of being paid of product price by bank or financial institution, BUYER must deliver the product to SELLER on the condition that it has been deliver to BUYER in 3 days. In this case delivery price belongs to BUYER. Also, BUYER accepted the delivery, which was done in accordance with the address that BUYER gave and the person in that address, has been done to BUYER.
ARTICLE 6: STATEMENT AND UNDERTAKINGS OF SELLER
SELLER has liability that mentioned product must be in good condition, complete, match with the qualifications being said in order and product must be delivered with, if any, guarantee letters and usage directions. If mentioned product is delivered to another person/institution differ from BUYER, SELLER cannot be obligated for that receiver person/institution does not accept the delivery. SELLER undertakes that SELLER has right of withdrawal by refusing the product in 7(seven) days from the date that BUYER has signed the agreement or received the product without any justification and without undertaking any judicial and penal obligation, and SELLER undertakes to take the product back from the date of reaching the withdrawal notification to SELLER or provider. SELLER returns the product price and if any, bond after receiving of withdrawal notification in 7(seven) days and takes the product in 7(seven) days. SELLER, with valid ground, may supply the equal quality and price product before fulfilment period is over. If SELLER thinks that fulfilment is impossible, it notify this before fulfilment period is over. In this case BUYER may use its one of rights such as canceling of order, if any, changing of mentioned product with equals product and/or postponig until removing of impeding condition. In case BUYER cancels the order, paid price and if any documents must return in 7 (Seven) days. Sold products with guarantee or without guarantee may send to SELLER to repair according to guarantee terms in case of being out of order or broken of products. Thus delivery prices will be paid by BUYER.
ARTICLE 7: PROPERTIES OF MENTIONED PRODUCT
Product’s kind and type, quantity, brand/pattern, colour, and all taxes included sale price are the same with on sell sheet on elipsspor.com in invoice of inseparable part of this agreement. SELLER is not responsible for changing in price updating arising from technical reasons.
ARTICLE 8: CASH PRICE OF THE PRODUCT
Cash price of the product is in invoice.
ARTICLE 9: DUE DATED PRICE
The price of the product arranged according to the installements is present in the invoice content.
ARTICLE 10: INTEREST
If buyer pays by credit card by installment, sale price is determined by applying %1 delay interest per month for the installments over 12 months. BUYER is responsible against the confirming bank in accordance with provisions of the 12nd article.
ARTICLE 11: ADVANCE PAYMENT AMOUNT
The advance payment of the product is provided in the invoice.
ARTICLE 12:
BUYER accepts, declares and undertakes to confirm the information from the bank about relevant interest rates and default interest, the provisions of interest and default interest will be applied within the scope of the credit card contract signed between the BANK and BUYER in accordance with the applied legislation provisions. Relevant provisions of the contract that was signed between the card holder BANK and BUYER is applicable for installment processes. The credit card payment date is determined according to the provisions of the contract signed between the BANK and BUYER. BUYER can also see the number of installment and payments from the account extract received from the bank.
ARTICLE 13
Withdrawal Right
BUYER, has right to withdraw within 7 days after having delivered the contracted product to the person or the person /institution at directed address. In order to use the withdrawal right, you have to give notice to SELLER within the same period, via telefax or e-mail or phone and the product have to be unused within the scope of the provisions of the 14tharticle and the preliminary information that is an integral part of this contract, provided on elipsspor.com, agreed by BUYER. It is obliged to return the original invoice concerning the products that are delivered to BUYER or third party. The price of the product shall be returned to BUYER within 7 days after informing about withdrawal right and the product is sent back. If the original invoice has not been sent within 7 days, VAT and other legal liabilities if any shall not be returned to BUYER. Delivery cost of the delivered product due to withdrawal right shall be covered by SELLER.
ATTENTION: There is no right to refund and change due to international procedures.
ARTICLE 14: The products that withdrawal rights do not apply.
The products which are unpacked, used, washed, original labels and tags removed can not be returned.
ARTICLE 15:
FAILURE TO PAY AND LEGAL CONSEQUENCES
Failure to make credit card payments by BUYER, the card holder shall be responsible against the bank and fined interest within the scope of the credit card contract signed between the bank and the person. In that case, the concerning bank may press charges; the bank may ask for the expenditures and solicitor’s fees be covered by BUYER. In case of failure to pay by BUYER, BUYER accepts to pay for damages arising out of a delay in payment.
ARTICLE 16:
In case of any dispute arising out of this contract, consumer arbitration board and consumer courts that located in the residential area of BUYER and SELLER for the matters that are announced by The Ministry of Industry and Trade and Civil Courts of First Instance are authorized in the presence of Consumer Courts.
ARTICLE 17: VALIDITY
The PURCHASER will be deemed to have accepted all terms of this agreement, in case the payment of orders given online. SELLER is obliged to make textual arrangements that will provide orders to be given online only after PURCHASER reads above mentioned agreement on site and accepts it.
