Buyer and Seller Agreement
ARTICLE 1– PARTIES These Terms (“Agreement”) are entered into between; A Party; – Kerry Borg which is subject to Turkish Law (hereinafter referred to as “Kerry Borg” in the Agreement.) Web site: www.kerry-borg.com Other party; – Buyer who buys the product from www.kerry-borg.com pursuant to this contract, the (hereinafter referred to as “Buyer” in the Agreement.) Kerry Borg and Buyer will be referred to as parties together. Agreed in the following terms and conditions: As the order takes place, the BUYER shall be deemed to have accepted all the terms of this contract.
ARTICLE 2 – SUBJECT OF THE AGREEMENT The subject of this Agreement is to determine the mutual rights and obligations of the Parties hereto regarding the purchase of the products that Kerry Borg offers for sale via the electronic environment via the website, by the Buyer and the delivery of Kerry Borg’s related products to the delivery address specified by the Buyer.
ARTICLE 3 – GOODS AND SERVICES PROVIDED THROUGH ONLINE SYSTEMS The basic features and other information of the goods or services offered by Kerry Borg on the website or any other electronic environment are available at all channels. The Buyer cannot request performance from Kerry Borg based on information not available on the website. The prices announced on the website, or any other electronic environment are the sales price. Announced prices and promises are valid until updated and changed. The prices announced for a period are valid until the end of the specified period. Kerry Borg unilaterally reserves the right to grant a discount to products and services and to revoke the discount. Value added taxes and any other taxes are not included in the sales price of the goods or services subject to the contract. These taxes shall be paid by the Buyer according to the tax system and rates in the country where the Buyer is located. Kerry Borg is not responsible for any additional taxes that may arise. Kerry Borg will deliver fully paid product to the Buyer if available in stock.
ARTICLE 4– DELIVERY CONDITIONS Kerry Borg will deliver the products offered for sale on the website or other to the Buyer through the cargo company, free from any defect or damage, within the specified period of time after the payment by the Buyer, if the stock and / or production status of Kerry Borg is available. Taxes and delivery costs shall be paid directly by the Buyer as the prices of the products specified on the website are determined excluding taxes and delivery costs. The Buyer shall be deemed to have irrevocably accepted this article. Kerry Borg cannot be held responsible for any problems experienced due to cargo company during the delivery of the products to the Buyer, non-delivery or the late delivery of the ordered products by the cargo company to the Buyer.
ARTICLE 5 – RETURN AND EXCHANGE POLICY Refunds and exchanges are only made directly by Kerry Borg for products made incorrectly against the sizes or if the product is manufactured defective or damaged. Except for personalized products, non-personalized products can also be sold, provided that they are in stock. As soon as the product is received from the cargo within the scope of the return procedure, the Buyer is deemed to have received the product without any defects and damage. For this reason, the Buyer must notify the cargo company directly that the product is defective or damaged upon receipt. Following the defect and damage notification, the relevant product is inspected by Kerry Borg within 15 (fifteen) days. Within the scope of this examination, a positive or negative answer is given to the Buyer about the defective or damaged product. If Kerry Borg determines that the product is defective or damaged, the provisions of the Consumer Protection Law No. 6502 apply. Although the contract is subject to Law No. 6502, any order that is not a standard stock item is termed as a tailor-made(personalized) item. Please note that one a tailer-made or a made to measure order has been made and supplied to you as a custom made item. You do not have the right to return for a refund or exchange it if is unsuitable. This sale will not be cancelled, refunded or exchanged. The buyer has irrevocably accepted this condition by purchasing the product. However, within the scope of customer satisfaction, Kerry Borg can apply certain changes unilaterally. Products specified on www.kerry-borg.com or any other electronical envionment are customized according to the Buyer’s measurements and other requests. Accordingly, orders made or to be made through www.kerry-borg.com are non-exchangeable and non-returnable. The Buyer accepts and declares that he does not have the right to return and exchange in the purchases made from Kerry Borg, which produces customized goods. All amounts paid or payable under this agreement are non refundable. The exchange of products that are produced without being personalized and sold, provided that they are in stock, is limited to ten days due to the special nature of the products. The change will take place with the approval of Kerry Borg. Since the request for a refund will not be accepted within the scope of this article, it is of great importance that the measurements to be sent by the Buyer be sent accurately and accurately. In this context, except for the defect arising from the production of Kerry Borg, in case the Buyer reports different sizes or requests or changes the sizes, the provisions of this article are valid and return, cancellation or exchange is not possible. Buyer does not have the right to withdraw or terminate the contract. If the fee specified in the contract is received in the form of a prepayment and subsequently withdrawn from the contract, this prepayment will be received in the form of cancellation fee. Within the scope of customer satisfaction, Kerry Borg has the right to repair and change. However, Kerry Borg has no obligation to renovate.
ARTICLE 6 – REPRESENTATIONS AND WARRANTIES OF THE BUYER BUYER hereby accepts and declares that he is aware of the basic qualities, sale price, payment methods and delivery conditions of the product subject to this Agreement by reading all the related preliminary information available atwww.kerry-borg.com website and that he confirms this preliminary information electronically. Buyer; by confirming this agreement electronically, confirms that the basic qualities, sale price excluding taxes and delivery cost of the product, payment and delivery information are obtained accurately and completely. Buyer hereby accepts and declares that he has read and understood all the preliminary information / conditions written in the contract, that he will comply with all his obligations completely and on time, that he will undertake the relevant rights and responsibilities, along with the purchase process and website shipment. All intellectual property rights (information, articles, images, trademarks, logos, design and text, page layout etc. available on website) on Kerry Borg and www.kerry-borg.com are the exclusive property of Kerry Borg. No materials from www.kerry-borg.com may be modified, copied, downloaded, uploaded, reproduced, repackaged, republished, transmitted, redistributed or resold in any way, either in whole or in any part. Use of the materials contained on this website is strictly prohibited under Law No. 5846 on Intellectual and Artistic Works. Legal and criminal sanctions related to this will be imposed directly on the Buyer. The Buyer hereby accepts, declares and undertakes that all that all intellectual and industrial rights, including images, information, content etc. on www.kerry-borg.com and rights under Industrial Property Law belong to Kerry Borg and will not use or copy these rights for itself or third parties. The Buyer agrees, declares and undertakes that he has read, understood and informed about the Clarification Text on Personal Data Protection Law stated in this contract and at www.kerry-borg.com. The Buyer accepts, declares and undertakes that it has the consent to process the information and to share it appropriately when permitted by the Law. Kerry Borg has no responsibility for delay, damage, loss or defect caused by cargo or other transportation companies. In such a case, the Buyer shall direct all declarations and legal requests to the cargo company.
ARTICLE 7 – RIGHTS AND OBLIGATIONS OF KERRY BORG Kerry Borg is obliged to supply the products purchased by the Buyer fully and free from defect, on the condition that the stock is available on the website. The Buyer is obliged to inspect the relevant products as soon as they receive them and give a notice of defect within ten days at the latest. Otherwise, the Buyer loses its rights to remedy such defect. If the product is defective due to the customization, the product is non-returnable and non-exchangeable. However, if Kerry Borg accepts that the product is defective, the conditions regarding the product’s modification are reserved. Kerry Borg will supply the products that it sells online in the sizes and measurements specified by the Buyer. Kerry Borg does not have any liability if Buyer’s measurements differ from the order date. Within the scope of customer satisfaction, Kerry Borg has the right to repair and change. However, Kerry Borg has no obligation to renovate III. Kerry Borg will notify the Buyer when and how they ship the products, at the Buyer’s cost. Karry Borg has the right to collect the product price by credit, debit card, money order or EFT and other methods. Kerry Borg shall not be responsible for the errors and delays that may arise from banks and collection agents. In such a case, the Buyer may be under the obligation to pay once again. V. Kerry Borg reserves the right to make changes to the website and to determine the stock unilaterally and without any justification. The Buyer cannot claim rights to products that have been booked or attempted to be purchased before such change is made. VI. Kerry Borg’s obligation to ship the product ends with the delivery to the cargo company by stating Buyer’s address. At this point, Kerry Borg is excluded from any liability in case the carrier cannot deliver the product or the persons at the Buyer’s address do not receive the product.
ARTICLE 8 – INTELLECTUAL AND INDUSTRIAL RIGHTS AND PROTECTION OF PERSONAL DATA The Parties accept, declare and undertake that rights of adaptation, reproduction, distrubition, performance and the right to Communicate the Work to Public by Devices Enabling the Transmission of Signs, Sounds and/or Images (including copyright) regarding all the products and services subject to this Agreement belong exclusively to Kerry Borg. Products and designs specially designed by Kerry Borg for the Buyer will not be used, imitated, copied or made available to third parties even if they are changed by Buyer. Along with the scope of this article, Buyer is under criminal and legal liability within the framework of legal statute and Kerry Borg reserves its rights to claim and action. The recipient has agreed to read the text of clarification and consent regarding the Personal Data Protection Law at www.kerry-borg.com and agrees to process the personal data in accordance with the relevant laws.
ARTICLE 9– FORCE MAJEURE Kerry Borg is obliged to notify the Buyer if the delivery of the product subject to this contract cannot be delivered within due time due to force majeure or extraordinary situations such as adverse weather conditions preventing shipping, interruption of transportation. In this case, the Buyer can use the right to postpone the delivery period until the impending condition is over. Buyer accepts, declares and undertakes that he/she knows that he / she can only exercise his right to postpone in case of a force majeure that did not exist on the date of the contract. This situation results from the products being customized . In such a case, Kerry Borg will send the relevant order to the Buyer after the force majeure ends.
ARTICLE 10– OTHER PROVISIONS In the absence of any relevant provision in this contract and its annexes, the Law No. 6502 on the Protection of Consumers and the Turkish Commercial Code for trade companies and merchants shall apply. Disputes arising from the implementation of this contract and its annexes are settled in İzmir Courts. Turkish Law shall apply to the contract. In case of dispute, Kerry Borg’s information, documents and commercial books shall constitute definitive evidence. This contract consists of 10 articles and Kerry Borg has the right to change the contract unilaterally. KERRY BORG BUYER