TERMS & CONDITIONS

 

1. General

 

These General Terms and Conditions of Business (as amended) shall apply to business relationships of any kind between Athos Elektro Teknik Sanayi Ticaret Limited Şirketi, Velimeşe Mah. Saray Sok. No:113/A Ergene, Tekirdağ, TÜRKİYE (hereinafter referred to as „ATHOS“) and the customer. Customers may be businesses or consumers. A consumer shall mean any natural person who concludes a legal transaction for purposes that can be primarily attributed neither to a trade nor a profession (According to Article 3.k of the Turkish Consumer Protection Law). A business shall mean a natural or legal person or a partnership with legal capacity which, in concluding a legal transaction, is acting in the exercise of its trade or profession (According to Article 3.i of the Turkish Consumer Protection Law).

The product display in the online store does not constitute a legally binding offer; instead it is merely a non-binding online catalogue of the range of products available. By clicking ‘Buy’, the customer makes a legally binding commitment to purchase the goods in the shopping basket. The customer shall receive an order confirmation immediately after the order has been submitted. The sales contract shall only enter into effect upon receipt of our separate order confirmation. The contract is stored, and the order data and General Terms and Conditions are sent to the customer by email. Customers can view all of their previous orders by logging into the customer service pages of the website.

ATHOS reserves the right to refuse to perform the service promised if it becomes apparent after concluding the Contract that the goods are not available although a corresponding contractual transaction has been concluded. In such a case, the customer shall be notified immediately. Any considerations which have already been provided shall be reimbursed without delay. Further claims against ATHOS are excluded.

The contractual language is English.

When placing an order in the online store, the customer follows the technical steps as described below in detail:

Click on “Checkout” in the shopping basket displayed on the screen.

Redirection to the general order overview page (cabrox.com Checkout) where the customer is guided through the individual stages of the purchase;

 

• Step 1: Fill in the information under "Shipping Details" and click "Continue". (if the customer does not have a customer account and is not logged in; otherwise the invoice and delivery addresses are already stored);

 

• Step 2: In the next stage, select your delivery method from the "Delivery Method" section and click "Continue".

 

• Step 3: In the next stage, select your payment method from the "Payment" section and click "Continue". (by clicking on the desired payment method)

 

• Step 4: In the last stage, review the order details and click "Place Order" when you are sure it is correct.

 

Completion of order by clicking “Place Order”.

 

The customer proceeds to each of the order steps referred to above using the usual functions of the internet browser.

 

2. Delivery

 

2.1. If the customer is a business (According to Article 3.i of the Turkish Consumer Protection Law), delivery shall generally take place at the customer’s risk. This also applies for partial deliveries. If the customer is a consumer within the meaning of article 3.k of the Turkish Consumer Protection Law, the risk of accidental loss and accidental deterioration of the sold goods shall only pass to the customer upon handover of the item, even in case of sales involving the carriage of goods. Handover shall be deemed to have taken place even if the buyer delays in accepting the goods. Delivery shall be to the delivery address specified by the customer.

2.2.All prices are cash prices and include VAT plus any applicable charges for packaging.

2.3.International shipping charges vary by country. All or part of the shipping charges are included in your order. Additional customs duties and delivery charges will be borne by the customer.

2.4. The goods must be thoroughly inspected by the customer or an authorised individual upon receipt in order to detect any transportation damage if the customer is a merchant within the meaning of the Turkish Commercial Code. Customers who are merchants within the meaning of the Turkish Commerical Code must ensure that any transportation and packaging damage detected is confirmed in writing by the carrier upon delivery and reported. We also ask, without legal obligation, that customers who are consumers notify us of any clearly identifiable transportation damage.

 

3. Warranty and compensation

3.1.Defects or any other damage caused by negligent or improper treatment of the goods, improper installation, the use of unsuitable accessories or changes made to the original parts by the customer or a third party not commissioned by ATHOS are not covered by the warranty.

3.2. Signs of wear and tear from normal use are also excluded from the warranty.

3.3.If the customer accepts the goods or the object of the order despite being aware of a defect, he/she shall only be entitled to assert warranty claims to the extent described below if he/she has expressly reserved the right hereto in writing immediately after receiving the goods.

3.4.Warranty claims on the grounds of transportation damage may only be asserted by the customer if the obligation to inspect and report in accordance with 2.4. item has been fulfilled. This does not apply if the customer is a consumer.

3.5.The warranty period for new items shall be 24 months. The period shall commence upon transfer of risk. Conversely, the warranty period for used items shall be 12 months unless ATHOS is liable without limitation in accordance with 3.7. item, in particular for detriment to life, body and health. If the customer is a business, the warranty period for new items shall be one year and six months from the transfer of risk, and for used items six months from this date, unless ATHOS is liable without limitation in accordance with 3.7. item, in particular for detriment to life, body and health.

3.6.Warranty formalities shall otherwise be carried out in congruence with the legal regulations.

3.7.ATHOS shall be liable for damage arising from causes other than the detriment to life, body and health only to the extent that such damage arises from wilful misconduct, gross negligence or the culpable violation of a fundamental contractual obligation on the part of ATHOS or a vicarious agent (e.g. the delivery service) of ATHOS Any further liability for damages shall be excluded. The provisions of the Turkey Product Liability Act shall remain unaffected. In the event of a negligent breach of a material contractual obligation, the liability of ATHOS shall be limited to foreseeable damage.

 

4. Due date and payment terms

 

4.1.Unless otherwise agreed in writing, invoices from ATHOS must be paid in full without delay. Payment is to be made in cash on delivery. Orders paid in advance will be shipped upon receipt of payment. For payments by credit card, the actual sum shall be debited when the invoice is issued and the goods are shipped. The total amount shall be reserved on the customer’s credit card as soon as the online order is submitted.

4.2.ATHOS reserves the right to decline cheques and other non-cash means of payment. Acceptance of these methods shall be for the purpose of payment only. Foreign currency payments shall be credited according to our bank statement. The bank fees must be borne by the customer.

4.3.If the customer falls into default on the payment of the purchase price, interest is to be paid on the total purchase price at five percentage points above the respective base rate for the duration of the delay. If ATHOS is able to prove that greater damages were suffered as a result of the default, ATHOS shall be entitled to assert the corresponding claims on these grounds.

 

5. Retention of title

 

5.1.If the customer is a merchant, the goods supplied shall remain the property of ATHOS until all of the outstanding claims against the customer, including any existing ancillary receivables, have been paid in full. In case of contracts concluded with consumers, ATHOS shall reserve the right of retention for the goods until the purchase price has been paid in full.

5.2.The customer shall not be entitled to sell the goods to third parties or to take any other measures which could put the ownership of ATHOS at risk until the purchase price has been paid in full. The customer hereby assigns to ATHOS any future claims against the buyer in the amount of the purchase price agreed between ATHOS and the customer, including interest and ancillary payments. ATHOS accepts this assignment.

 

6. Place of fulfilment and place of jurisdiction

 

6.1.The law of the Republic of Turkey shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Should the purchaser also be the consumer, this only applies to the extent that they do not lose the protection of binding legal provisions of their state of usual residence.

6.2.The place of fulfilment for all services and products arising from business transactions with ATHOS shall be Burgebrach, insofar as the customer is a merchant, a legal person governed by public law or a special fund under public law.

6.3.If the customer is a merchant, legal person governed by public law or special fund under public law, Bamberg shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the customer or from these Terms and Conditions of Business.

 

7. Alternative dispute resolution

 

The seller is not obliged and is not prepared on principle to participate in a dispute settlement proceeding in front of a consumer arbitration board.

 

8. Closing provision

 

If any of these provisions cannot be applied for whatever reason, this shall not affect the validity of the remaining provisions.