GENERAL TERMS AND CONDITIONS!
In case of inconsistency between the Turkish text and the English translation of these General Terms and Conditions, the Turkish text will prevail!
Article 1: Application and Transformation
These General Terms and Conditions apply to Doctor Pdr Tools, hereinafter referred to as the Supplier – and to all offers, offers and all contracts between contract partners.
Deviations from these General Terms and Conditions apply only if expressly agreed in writing.
Possible deviations from these General Terms and Conditions do not allow the Counterparty to allow these deviations to apply to provisions in other (legal) relationships.
If any provision in these General Terms and Conditions is reasonable and fair or unreasonably troublesome, these provisions will be approached as closely as possible to the purpose and scope of the original provisions.
By placing an order through our website, the Other Party agrees to these General Terms and Conditions, and then the Other Party reconfirms each time doctorpdrtools.com is used. We recommend that you print this contract, save this copy, and apply whenever you make a transaction through procraftpdrtools.com. We would also like to note that this contract can be changed at any time according to the procedure below. article 1.3.
Supplier reserves the right to change the terms and conditions of this agreement at any time and will therefore publish the modified version on the doctorpdrtools.com website. If we continue to do so, we will notify you on our homepage.
Article 2: Proposal and Acceptance of the Contract
Any proposal of the Supplier is exempted from the contract and should be considered in its full context unless otherwise stated in a clear written statement.
If the Other Party issues an order, the contract is concluded when the Supplier accepts this order in writing or starts performance.
Samples or models shown in the catalog are indications only, so the actual product may not reflect these samples or models.
The Supplier is not obliged to place an order if these products are no longer in production or in the Supplier’s sales program.
Article 3: Prices
All prices are on ex-warehouse basis and include sales tax (VAT).
For orders, an additional fee is charged for shipping / ordering costs until the Contractor’s current order arrangement is made.
Assembly and assembly activities / measures are charged to the Other Party and calculated separately.
Changes in cost prices, wages and material costs, social and government costs, freight costs and other costs that contribute to agreed performance entitle the Supplier to change the price accordingly. If the Supplier changes the price within three months of signing the contract, the Other Party will have the right to terminate the contract for these reasons.
In the event of printing errors on the website, the Supplier and the Other Party reserve the right to terminate the contract, then both parties are required if they are released from their obligations against each other and payments are returned around this part of the order. .
Article 4: Delivery and Return
Unless otherwise expressly stated, delivery takes place as a “warehouse / supplier”.
4A: Right of withdrawal
If the Other Party enjoys the right to withdraw, it will notify the supplier via e-mail for model form or cancellation or otherwise in the 14-day cooling period.
As soon as possible, but within 14 days from the date of notification, the other party will return the product at its own expense or deliver it to the supplier (an authorized representative). In any case, if the other party returns the product, the return period is accepted before the expiration date.
During the projection period, the other party will use the product and packaging carefully. Unpack the product or use only to the extent necessary to determine the product’s nature, features, and operation. The basic principle is that the other party can only process the product to allow it to be made in one store.
If possible, the Other Party shall return all accessories and a copy of the withdrawal form in its original form and packaging, in accordance with the reasonable and clear instructions provided by the supplier.
The risk and evidence burden of the right and timely exercise of the right of withdrawal belongs to the Other Party.
For return, shipping and customs fees are the responsibility of the shipper (CUSTOMER).
5: Delivery Time
The agreed delivery time is between 2 and 8 days, unless expressly stated otherwise.
Article 6: Partial Delivery
The Supplier has the right to partial delivery. If the agreed upon goods are partially delivered, the Supplier is entitled to send a separate invoice in relation to these parts.
Article 7: Transport & Risk
In the event that the purchased goods are to be delivered by the Supplier or a by the Supplier used
carrier, the goods are at the account and risk of the Supplier from dispatch onwards, even if the ownership has not yet been transferred to the Other Party. Article 4A is fully applicable.
Article 8: Retention Of Title
All goods delivered by the Supplier remain the property of the Supplier until the Other Party meets the full price. Moreover, the retained ownership also refers to future claims which the Supplier may obtain against the Other Party due to failure of the Other Party in relation to one or more of its obligations towards the Supplier.
The by the Supplier delivered goods, which fall under paragraph 1 of retained ownership, can only be sold on or used in the event of ordinary business activities. In case of resale the Other Party is obliged to stipulate an ownership retention of its own in relation to its clients.
The Other Party is not allowed to pledge the goods or to establish any other ownership rights on these goods.
Article 9: Payment & Security
Orders can be paid through the following payment methods on the website:
Credit Card, Prepay to Company Bank Account, Western Union.
Doctor Pdr Tools has the ability to expand payment methods in the future. Other payment methods will be made public on the website.
Other payment methods can only be used when requirements are met, including a credibility check and authentication with the potential buyer’s authorization.
Invoices from the supplier must be paid in advance, as specified by the supplier, unless otherwise agreed in writing.
Payment must be made in the agreed currency, without any cleaning, discounts or postponements.
In the case of delayed payment, the Counterparty defaults with its obligations, and therefore (legally) must pay a minimum annual legal interest of 1.5% per month.
In the event of delayed payment, liquidation, bankruptcy or administration, all payments of the Other Party become promptly requested, regardless of whether the Supplier has sent an invoice or notified in advance. The Supplier is authorized to delay the further performance of the contract or to terminate the contract without prejudice to the Supplier’s right for compensation.
In case of delayed payment, other parties are charged for Turkey Lawyers Council extrajudicial costs according to the collection rates.
The Supplier reserves the right to make any claims on the Other Party’s (non-collectible) counterparty against the Supplier, whether it will be balanced (not collectible) or under a condition that can be requested. In the event of a claim that has not yet been collected, the Supplier does not exercise its power to make a decision unless the counterclaim is confiscated or transferred under another remedial method, a limited right or individual title. A counter-lawsuit was filed by the Other Party. If possible, the Supplier will notify the other party that it has exercised its right of settlement.
On the first request of the Supplier, the Other Party is obliged to provide Slope security immediately by the Supplier and to fulfill all duties under the contract if necessary. Unless the Other Party obeys, the Supplier has the right to postpone its obligations under the contract.
In the event that the Other Party does not comply with the request in the paragraph mentioned above, all obligations under the contract will be directly applicable.
Article 10: Responsibility
If the Supplier fails to fulfill its obligations under the contract, the Supplier can only be held liable for losses resulting from back-up performance, i.e. incomplete performance. Supplier is not responsible for other damages related to:
Loss of profit
Losses due to operating stagnation
Losses arising from inadequate cooperation, information or materials of the other party
Losses lost by the Supplier when intelligence or advice where the content is not an explicit component of the written contract.
Due to failure, liabilities are limited in all cases to the amount of the invoice.
The other party’s right to penalty or compensation will only arise if the other party has reported the damage to the supplier in writing as soon as possible.
Any fines or compensation claims expire one year after their validity occurs, meaning that the fines can be collected or damages occur unless the claim is justified within the time period specified above.
The Other Party indemnifies the damage caused by the Supplier due to the obligations of third parties bound by the Goods delivered by the Supplier.
Article 11: Defects and Duration of Complaints
The Other Party must inspect the goods on delivery. The Other Party is obliged to inspect whether the goods conform to qualifications such as contracts,
For example: A. whether the correct goods have been delivered; B. Whether it corresponds to the number of agreed products over the quantity of the goods; C. Whether the quality of the goods corresponds to the quality expected from comparable goods for the same usage and / or commerci
If any visible defects are detected, the Other Party is obliged to report these defects in writing within 2 business days.
Invisible defects detected within 10 days must be reported in writing by the other party, at least reasonably identified and motivated by reference to the Supplier invoice.
Invoice complaints must be notified to the Seller in writing within 5 days from the invoice date.
If the Other Party fails to report defects during the specified complaint periods, its complaint will not be considered and therefore all rights will cease.
Facts and objections based on facts that justify the declaration that the delivered goods do not meet the required standards under the contract have a limitation period one year after delivery.
Article 12: Warranty
The warranty period starts upon delivery, as referred to in article 5.
Warranty implies that goods, which show material and / or construction errors, to the free choice of the Supplier will be repaired / replaced free of charge, or readily providing components needed for repair / replacement, according to the of the Supplier
Not under warranty are defective goods as a consequence of normal use, or any other external cause.
The right of warrenty is declined, in case the goods have been used incorrectly or carelessly, or (repair) activities or changes made in the goods were made without prior written consent of the Supplier, unless these activities or changes were essential to the use of the goods.
In the event that the Other Party appeals to the by the Supplier given warranty, the Other Party must allow, within 14 days after delivery by the Supplier of the warranty appeal, the Supplier to examine the goods at a by the Supplier selected location. In case of a default the Other Party loses its right to warranty, unless the act or negligence of the Other Party is not reasonable in relation to a loss of its right to warranty.
In the event that the Supplier repaires / replaces material and / or construction errors through warranty, the Supplier is fully dismissed from warranty commitments and will not be subject to any damages under the contract, unless damages occur from intent or gross negligence by the Supplier or executive personnel, or when liability of the Supplier results from Title 3 Section 3 Book 6 of the Turkey Civil Code
Article 13: Termination Of The Contract
In the event that the Other Party fails to comply with or perform any obligation towards the Supplier at the time and in the manner required, in case of the Other Party bankruptcy, going into administration or being under legal restraint or liquidation of the company, the Supplier has the right to, after the Other Party has received a written notice of default, without further judicial intervention and any obligation for paying damages and without prejudice to other rights of the Supplier, to delay the performance of any obligation. Under those circumstances all claims that the Supplier has towards the Other Party will directly become fully claimable.
Article 14: Force Majeure
Force majeure includes circumstances that prevent compliance to the duties under the contract and which are not allocated to the Supplier. These circumstances will include, if and to the extent that such circumstances make the performance either impossible or unreasonable: strikes in companies other than those of the Supplier, wildcat strikes or political strikes in the company of the Supplier, a general lack of the raw materials and other items or services required to deliver the agreed performance, unforeseeable delays at supplier parties on which the Supplier depends, general transport difficulties, fires and government measures, for example import and export prohibitions.
Also circumstances regarding dysfunctional failures in the (telecommunications) network, the connection or use of communication systems and/or the website being offline amount to force majeure circumstances.
In case a force majeure condition exists for longer than six months, both parties shall be entitled to terminate the agreement. In that event the Supplier is not obliged to pay any damages.
Article 15: Applicable Law & Competent Court
Dutch law is applicable in all legal relations between the Supplier and the Other Party.
The court of the domicile of the established Supplier has exclusive jurisdiction in disputes between the Supplier and the Other Party, unless the Supplier chooses the jurisdiction of the domicile of the Other Party, either as a plaintiff or defendant, in which he/she resides or is established.
Personal details, for example contact details and payment details which have been stated by the Other Party, will only be used by us in order to facilitate or clarify the transaction.