ARTICLE 1- PARTIES
1.1- SELLER:
Title: GP KOMPOZIT A.S.
Address: Seyhli Mah. Hizir Reis Cad. No:6 Pendik/Istanbul
Telephone: 0850 305 5547 E-mail: info@gpkompozit.com
1.2- BUYER:
Name/Surname/Title: {_buyername_} {_buyersurname_}
Address:{_deliveryaddress_}
Telephone:{_buyertelephone_}
E-mail:{_buyermail_}
Turkish ID No:{_turkishID_}
ARTICLE 2 - SUBJECT MATTER
The subject matter of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts regarding the sale and delivery of the product, the qualifications and sales price of which are specified below, which the BUYER ordered electronically from the SELLER's website www.gpkompozit.com and bayi.gpkompozit.com.
ARTICLE 3- CONTRACTUAL PRODUCT
3.1- The basic specifications of the Goods / Product(s) / Services (type, quantity, brand/model, color, quantity) are available on the SELLER's website. You can review the basic features of the product during the campaign. It is valid until the campaign date.
3.2- The prices listed and announced on the site are the sales prices. Announced prices and promises shall be valid until they are updated and changed. The prices announced for a period of time shall be valid until the expiry of such period.
3.3- The sales price of the contractual good or service, including all taxes, is shown in the table below.
Date:{_date_}
{_productdetails_}
Cargo Fee: {_cargo_}
The type and kind of products, quantity, brand / model, color, and sales price are as stated above.
Payment method: {_paymentmethod_}
Delivery address: {_deliveryaddress_}
{_paymentschedule_}
Person to be delivered to:
Invoice address:
ARTICLE 4- GENERAL PROVISIONS,
4.1- The BUYER acknowledges and declares that s/he has read and informed about the basic qualities of the contractual product, the sales price including all taxes and the payment method and the preliminary information regarding the delivery on www.gpkompozit.com and that s/he has given the necessary confirmation regarding these issues electronically.
4.2- The BUYER has declared and accepted that, in order for the delivery of the contractual product to be made in a timely and correct manner, s/he must perform the payment transactions according to the information provided on the website and fill in the address and contact details for delivery correctly and completely. The contractual product is delivered to the person at the address to be delivered, provided that the product price has been paid in full, within the period announced on the SELLER's website, depending on the distance of the delivery location requested by the BUYER regarding the address where the BUYER requests delivery, but not exceeding the legal 30 (thirty) day period. In general, unless otherwise stated, delivery costs (cargo fee, etc.) shall belong to the BUYER.
4.3- In the event that the BUYER or the person to be delivered other than the BUYER is not present at the address at the time of delivery / refrains from receiving the product, the SELLER shall not be liable for the damages and expenses arising from the BUYER's late receipt of the product and/or not receiving the product at all. In these cases, any damages arising from the late receipt of the product by the BUYER and the expenses incurred due to the product waiting in the cargo company and/or the return of the cargo to the SELLER shall belong to the BUYER.
4.4- The SELLER shall be responsible for delivering the contractual product intact and complete, in accordance with the qualifications specified in the order and accompanied by warranty documents and user manuals, if any.
4.5- If the product price is not paid for any reason or canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product. As a rule, the price must be paid in full before the product is delivered. If the product price is not fully paid to the SELLER before delivery in advance sales, and if the installment amount due is not paid in installment sales, the SELLER may unilaterally cancel the contract and may not deliver the product. In the event that the bank/financial institution to which the credit/debit card belongs does not pay the product price to the SELLER for any reason after the delivery of the product, the product shall be returned to the SELLER by the BUYER within 3 days at the latest, at the expense of the BUYER. All other contractual and legal rights of the SELLER, including the follow-up of the product price receivable without accepting the return, are also and in any case reserved. For any reason, the SELLER shall not have any responsibility for the payments made by the bank and/or financial institution to the SELLER, for which a failed code was sent by the bank and/or financial institution.
4.6.- The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining its explicit consent before the expiration of the performance obligation arising from the Contract.
4.7- After the delivery of the product, if the bank or financial institution does not pay the product price to the SELLER due to the unfair or unlawful use of the credit card belonging to the BUYER by unauthorized persons in a way that is not caused by the BUYER's fault, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, transportation costs shall belong to the BUYER. All other contractual and legal rights of the SELLER, including the follow-up of the product price receivable without accepting the return, are also and in any case reserved.
4.8- The BUYER shall inspect the contractual goods/services before taking delivery of them; and it shall not receive crushed, broken, torn, etc. damaged and defective goods/services from the cargo company. The goods/services received shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery shall belong to the BUYER.
4.8.- If the BUYER and the holder of the credit card used during the order is not the same person or if a security vulnerability is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact details of the credit card holder, the statement of the credit card used in the order for the previous month or the letter from the cardholder's bank stating that the credit card belongs to him/her. The order shall be suspended until the BUYER provides the information/documents subject to the request, and if the aforementioned requests are not met within 24 (twenty-four) hours, the SELLER shall have the right to cancel the order.
4.9- In cases where it becomes impossible to fulfill the performance of the goods or services subject to the order, the SELLER is obliged to notify the BUYER in writing within 3 (three) days from the date of learning of this situation and to return all payments collected, including delivery costs, if any, within fifteen days at the latest from the date of notification. The absence of the goods in the inventory shall not be considered as an impossibility to fulfill the performance of the goods. In the payments made by the BUYER by credit card, the BUYER acknowledges, declares and undertakes that the average process of depositing the amount returned to the credit card by the SELLER into the BUYER's account by the bank may take up to 3 (three) weeks, and that the BUYER cannot hold the SELLER responsible for possible delays since depositing of this amount to the BUYER's accounts after the return of this amount to the bank is completely related to the bank transaction process.
4.10- If the SELLER cannot deliver the contractual product on time due to force majeure or extraordinary circumstances such as adverse weather conditions or interruption of transportation, which prevents transportation, it is obliged to notify the BUYER. In this case, the BUYER may exercise one of the rights to cancel the order, to replace the contractual product with a precedent, if any, and/or to postpone the delivery time until the preventing situation disappears. If the BUYER cancels the order, the amount paid shall be refunded to the BUYER. In credit card payments, the refund transaction shall also be made by return to the BUYER's credit card and the Product price shall be returned to the relevant bank after the order is canceled by the BUYER; since depositing of this amount into the BUYER's accounts after the return of this amount to the Bank is entirely related to the Bank transaction process, the BUYER acknowledges in advance that it will not be possible for the SELLER to intervene in any way and assume responsibility for possible delays (The process of banks depositing the refund into the BUYER's account can usually take up to 3 (three) weeks).
4.11- The faulty or defective products among the products sold with or without a warranty certificate can be sent to the SELLER for the necessary repair under the warranty conditions, in which case the shipping costs shall be covered by the SELLER.
4.12- The SELLER shall not be responsible for errors that may arise from technical reasons (Automatic Exchange Rate Calculation etc.) regarding the products on the website.
4.13- In international shipments, customs duties and all kinds of tariffs applied by the relevant country shall belong to the BUYER.
ARTICLE 5- RIGHT OF WITHDRAWAL
5.1- The BUYER has the right of withdrawal within 14 days from the delivery of the contractual product to him/her or the person/organization at the address s/he indicated. In order to exercise the right of withdrawal, the SELLER must be notified by fax, email or telephone within this period and the product must not be used within the framework of the provisions of Article 6. In case this right is exercised, it is obligatory to return the original invoice (return invoice for corporate invoices) with a copy of the cargo delivery report indicating that the product delivered to the 3rd person or the BUYER was sent to the SELLER. Within 14 days following the receipt of these documents, the product price shall be returned to the BUYER. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded.
5.2- The BUYER shall send the goods back to the SELLER with the contracted cargo company within 7 (seven) days from the exercise of the right of withdrawal. The contracted cargo company is "Yurtici Kargo" and the cargo fees of the products sent with a different cargo company shall be covered by the BUYER.
5.3.- The box, packaging, standard accessories, if any, of the Goods to be returned within the scope of the right of withdrawal, if any, and other products given as gifts with the Goods must also be returned in a complete and undamaged state.
5.4- It shall be under the responsibility of the BUYER to make the box, packaging, standard accessories, if any, of the product(s) to be returned within the scope of the right of withdrawal, if any, and other products given as gifts with the product(s) to be ready for return in a complete and undamaged state, in the original box with the invoice you fill in the return field, and if there is no original box, by packaging it in a way that will not damage the product(s).
5.5- If the BUYER has purchased the product in installments, the Bank shall make the repayment to the BUYER in installments. After the SELLER pays the full amount of the product price to the bank at once, and in the event that the installment expenditures made from the Bank POS devices are returned to the BUYER's credit card, the requested refund amounts shall be transferred to the holder party’s accounts by the Bank in installments in order to prevent the parties involved in the matter from being victimized. For the installment amounts paid by the BUYER until the cancellation of the sale, if the return date and the statement dates of the card do not coincide, 1 (one) refund shall be made to the card every month and the BUYER shall receive the installments paid before the return after the installments of the sale are over at the number of installments paid before the return and shall be deducted from the existing debts.
5.6- In the event that it is fallen below the campaign limit amount declared by the SELLER due to the exercise of the right of withdrawal, the discount amount benefited within the scope of the campaign shall be canceled.
5.7-4.13- In international shipments, when the right of withdrawal is exercised, the shipping fee and customs duties shall belong to the BUYER.
ARTICLE 6- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
The right of withdrawal cannot be exercised for products that cannot be returned due to their nature, disposable products, copyable software and programs, products that deteriorate quickly or expire, spoiled, used, and deformed products. The exercise of the right of withdrawal in the following products depends on the condition that the packaging of the product is unopened, intact and the product has not been used.
- Portable Computer (Returns shall not be accepted after the original operating system is installed.)
- All kinds of software and programs
- DVD, VCD, CD and cassettes
- Computers and stationery consumables (toner, cartridge, ribbon, etc.)
- All kinds of cosmetic products
- Airtime minutes orders
- Contracts for goods or services, the price of which changes due to fluctuations in financial markets and which are not under the control of the seller or provider
- Returns of clothing products are not accepted for hygiene reasons due to wearing and use.
- Returns of tank pad & sticker products are not accepted due to use.
- Contracts for goods prepared in accordance with the wishes or personal needs of the consumer.
- Contracts for the delivery of perishable goods or goods that may expire.
- Contracts for the delivery of goods, the protective elements of which such as packaging, tape, seal, package have been opened after delivery and the return of which is not suitable for health and hygiene.
- Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.
- Contracts for books, digital content and computer consumables provided in material media if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
- Contracts for the delivery of periodicals such as newspapers and magazines, except for those provided under a subscription agreement.
- Contracts for accommodation, transportation of goods, car rental, supply of food and beverages, and leisure time for entertainment or recreation, which must be performed on a specific date or period.
- Contracts for services performed instantly in electronic environment or contracts for intangible goods delivered to the consumer instantly.
- Contracts for services, the performance of which is started with the consent of the consumer before the expiration of the right of withdrawal period.
ARTICLE 7- AUTHORIZED COURT
The Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the Goods or Services and where the SELLER's headquarters is located shall be authorized in the implementation of this Preliminary Information and in the resolution of the disputes arising from this contract until the value announced by the Ministry of Industry and Trade. District/provincial consumer arbitration committees shall be authorized for consumer claims in line with the lower and upper limits specified in paragraph 1 of Article 68 of the Law No. 6502 on Consumer Protection.
ARTICLE 8 - PRODUCTION / SUPPLY PERIOD OF PRODUCTS
As GP Kompozit A.S., we produce the motorcycle accessories we offer for sale on our website in our own structure and operate with unlimited inventory. Our products enter the inventory from production. For products that are out of inventory, you can learn the inventory status and production period by contacting us before ordering.
In case the order is realized, the BUYER is deemed to have accepted all the terms of this contract.