1. PARTIES
1.1 SELLER
Title: B.C.E. Kauçuk ve Metal San. Tic. Ltd. Sti.
Address: Çalı, 7. Sokak No:5, 16275 Nilüfer/Bursa Turkey
Telephone:
+90 224 482 4400
E-mail:
sales@bcekaucuk.com
Tax Identification Number: Ertuğrulgazi Tax Office – 1270056557
1.2 BUYER
First Name/Last Name/Company:
/
Address:
Telephone:
E-mail:
Tax Identification Number:
2. SUBJECT MATTER OF THIS CONTRACT
The subject of this contract is to determine the rights and responsibilities of the parties according to the Turkish Commercial Code Act No. 6102, the Turkish Code of Obligations Act No. 6098, the Turkish Law on Consumer Protection Act No. 6502, the Regulations on Distant Contracts Practice Principle and Procedures, and the provisions of this contract, as they relate to the sale and delivery of products whose attributes and sales price are outlined below, which the BUYER has ordered electronically from the website
http://www.bceparts.com/, which belongs to the SELLER.
3. INTERPRETATION OF THE PROVISIONS
Since the Parties are "merchants" within the scope of the Turkish Commercial Code No. 6102 and/or the business subject to the Contract is considered "commercial" even if the Parties are not merchants, the provisions of this Contract are subject to the general provisions of the Turkish Commercial Code No. 6102 and the Turkish Code of Obligations No. 6098. Unless otherwise clearly understood from the nature of the work; The Law No.6502 on the Protection of the Consumer and the relevant secondary legislation shall not apply to the contractual work.
In the context where the subject matter of the contract is considered "commercial work" in terms of the buyer, since the definition of "consumer" is not valid in terms of the “Protection of the Consumer” legislation, the Buyer does not have the right to benefit from the rights and powers, especially the right of withdrawal, granted to consumers in accordance with the specified legislation.
Provisions of the “Terms of Use” and the “Membership Agreement” which are contained on the Website, are also applicable to the Buyer, unless it is contrary to the transactions subject to this contract.
4. PRODUCTS SUBJECT TO THIS CONTRACT
Payment Method:
Sipariş tamamlandığında sözleşmeye eklenecektir.
VAT Excluded Sum:
15,00 €
Shipment Fees: Free!
Total Sum:
15,00 €
The BUYER accepts and declares that he/she has been informed about the main qualifications of the above-mentioned product subject to the sale with the; sales price, quantity, payment method, delivery conditions and all information about the product subject to sale, as well as the withdrawal and return conditions and that he/she purchased the product by confirming this information electronically at its own will.
5. PAYMENT METHOD
By issuing the campaigns of the BUYER's Bank, higher options of installment can be made on the number of the selected installments, and services such as installment deferrals may be offered. Such campaigns are at the discretion of the BUYER's bank. Information considering such campaigns could be published on the website if BCE Parts is involved. BCE Parts’ information and disclosures about the campaigns of the banks cannot be interpreted as an obligation of BCE Parts regarding these campaigns by the banks.
Regarding the transactions made by wire transfer; if the order is not paid fully, the buyer's order will be canceled by the Web Site system. In this case, the responsibilities will be borne by the BUYER. The order number must be entered in the description section when performing the wire transfer transaction. After making the transfer transaction, you can send the receipt sample of the transaction to
legal@bceparts.com
All kinds of damages arising from the late delivery of the product by the BUYER and the expenses incurred due to the waiting of the product in the courier company and/or the return of the courier to the SELLER fully belongs to the BUYER.
The BUYER shall be liable for the stamp duty and any other kind of picture, tax and fee arising from the implementation of this Contract.
6. DELIVERY OF THE PRODUCTS SUBJECT TO THE CONTRACT
For the SELLER to be bound by the Contract upon the order of the BUYER and for delivery; this contract must be approved in electronic environment and the purchase price must be paid in full by the BUYER in the form of payment preferred. If for any reason the product/service fee is not paid or canceled in the bank records, the SELLER shall be deemed to be released from the obligation to deliver the product/service.
The delivery time of the products subject to the order to the cargo company by the SELLER is 30 days following the date of the full payment. The SELLER shall immediately inform the Purchaser's e-mail address of the delay in the delivery. If the products cannot be delivered by the SELLER within the relevant period; the SELLER shall return the payment to the BUYER. Depending on whether the products are imported and if they are in the stocks of the SELLER; The Purchaser may not make any indemnity, loss, loss of profit, indirect and direct damages due to the delay or delays of delivery.
After the BUYER places the order; The SELLER declares and accepts that it is at the discretion of the SELLER whether a confirmation is sent to him by means of electronic communication for confirmation purposes.
At the delivery of the product, The BUYER must check the spare parts and accessories, if any, in the cargo package. The BUYER shall notify the SELLER in the written form of such matters within 2 days of delivery; otherwise, the SELLER shall not be liable to meet the BUYER's demands.
The SELLER cannot be held responsible if the ordered product cannot be delivered to the BUYER due to any problems that the courier company may encounter during the delivery thereof. In case of damage to the package, BUYER should not accept delivery, and a report should be filed to the courier company official. If the courier company representative is of the opinion that the package is not damaged, the BUYER has the right to open the package and check that the products are delivered undamaged and to request that the situation be set out in a written report. After the package is received by the BUYER, it is accepted that the courier company has discharged its duty in full. If the package is not accepted and a report is filed; the situation should be reported to the SELLER's customer service unit as soon as possible, together with the copy of the report remaining with the BUYER.
7. DEFECTIVE PRODUCT
If the product is obviously defective in accordance with the provisions of the Turkish Commercial Law, BUYER must notify the SELLER within 2 days of delivery. If the defect is not openly visible, the BUYER is entitled to inspect or has the product inspected within 8 days. If as a result of such inspection defects are determined, the BUYER is obliged to notify the SELLER within the same period to protect the BUYER’s rights.
The return of the products received by the BUYER is carried out at the discretion of the customer, with the approval of the SELLER, except for the defective products duly notified. The discretionary situation stated here does not give the BUYER any vested rights.
The products accepted as refund are only refundable if the refund invoice is issued and delivered to the SELLER. Otherwise, the operation will not be performed.
The return of the products issued on behalf of the legal entity shall only be completed when the refund invoice is issued.
In the event of a product malfunction within the warranty period, the BUYER must immediately notify the SELLER in writing (within 24 hours) and send the product to the Technical Service of the SELLER at the specified address. The product which is tried to be repaired previously by the BUYER without being sent to the SELLER shall not be considered within the scope of the warranty. The SELLER is free to repair the Products under warranty.
In case of faults which may occur due to user errors, accidental or force majeure conditions, the service shall be provided for a fee determined by the SELLER if the repair is possible.
8. FORCE MAJEURE
Neither party is directly or indirectly responsible for natural disasters, actions of civil or military authorities, internal turmoil, war, strike, fire, etc. In case of failure to fulfill any provision of this contract due to force majeure, such as mentioned above, neither party will be held responsible for the disruption of the service.
9. OTHER PROVISIONS
The preliminary information form, Membership Agreement, Terms of Use, and the Privacy Notice listed on the Website are annexes and integral parts of this Agreement.
This information consists of the type, amount, make/model, color, count, sales price, and payment method of the Products at the time the order was finalized. This information may differ without notifying the BUYER.
10. LEGAL NOTIFICATIONS
All kinds of notifications and warnings to be made to the parties related to this Agreement will be made via the Company’s
sales@bcekaucuk.com e-mail address and the Member’s e-mail address specified in the Agreement and the Membership Form. The BUYER accepts that the address specified during the membership phase is the valid legal notification address and in case of change, will notify the other party in written form within 5 days, otherwise the notifications to this address will be considered valid.
11. SEVERABILITY
In the event any provision of this Agreement is deemed invalid or unenforceable, in whole or in part, that part shall be severed from the remainder of the Agreement and all other provisions shall continue in full force and effect as valid and enforceable.
12. EVIDENTIAL CONTRACT
In any dispute resolution process originating from or in connection with this Agreement, Parties’ official books and commercial records and all kinds of records kept by the Company, including but not limited to the e-archive records, electronic information, and computer records stored in the Company’s databases and servers, shall constitute exclusive evidence under Article 193 of the Code of Civil Procedure No. 6100.
13. ENFORCEMENT
Each clause of this Agreement consisting of thirteen (13) clauses has been read and understood by the BUYER. This Agreement shall take effect upon the electronic confirmation of the BUYER.
