Issue date of these Conditions: Aug 2010
The following words shall have the meanings given them below throughout these conditions of supply:
‘Catalogue’ – the catalogue (in whatever form, whether paper or electronic) in which these Conditions are set out and which includes a directory of products offered by the Company.
‘Company’ – ASO, a trading division of ASO Ajans Medya Tanitim Hizmetleri Limited Sirketi (Company Number 700870) whose registered office is situated at Halil rifat Pasa Mah. Aydinliktepe Sk no 11 okmeydani 34384 Sisli Istanbul Turkey or its permitted assignees.
‘Conditions’ – these terms and conditions.
‘Contract’ – any contract between us and you for the sale of Goods and/or the supply of Services.
‘Consumer’ means a real or legal entity contracting with the Company in order to acquire, use or benefit from the Goods or Services for non-commercial or non-professional purposes whose order for the Goods or Services is accepted by the Company.
‘Goods’ – any goods supplied or to be supplied by us to you.
‘Services’ – any services supplied or to be supplied by us to you.
‘Supplies’ – any Goods or Services.
‘in writing’ – includes electronic communications.
All orders are accepted by the Company subject to and in accordance with these Conditions.
The Consumer is obliged to read and accept these Conditions prior to placing an order.
These Conditions override and exclude any terms or conditions in or referred to in any negotiations or course of dealing between the Company and the Consumer. If there is any conflict between the other provisions of this Catalogue and these Conditions; or the provisions of the order and these Conditions these Conditions will prevail unless the Company agrees otherwise in writing. Together with any terms accepted by the Company in connection with an order, these Conditions constitute the entire agreement between the Company and the Consumer in relation to the Supplies ordered. No variation to these Conditions is permitted unless expressly authorised in writing by a duly authorised representative of the Company.
Unless otherwise stated, prices for Supplies are in EUR exclusive of VAT as stated in the Catalogue or, where appropriate, the Company’s written quotation. The Company has used all reasonable endeavours to ensure that prices for the Supplies are accurately set out in the Catalogue, but reserves the right to change its prices without notice at any time. Prices charged will be those prevailing when an order is placed by Consumer, unless the Company informs the Consumer without delay about a vital change in prices and Consumer confirms the order with the new price. If the Consumer did not confirm the order it is considered as unplaced and the Company will inform the Consumer about this without delay.
Where Supplies are to be made in instalments (‘Scheduled Delivery’), the price payable for them will be that applicable at the time of delivery of the first batch of Supplies.
The Company’s standard documentation is a single invoice and despatch note. The cost of other documents such as Chamber of Commerce or Consular certification or legalisation or multiple invoice copies is not included unless specified on the Company’s quotation or pro-forma invoice and the Company will quote separately for such charges if requested. All delivery charges shall be borne by the Consumer
Payment may be made by one of the following methods, as agreed with the Company:
- in the currency invoiced upon delivery of the Goods; or
- by bankers draft or cheque with order, drawn on a bank recognised by the Company in the Turkey.; or
- by net interbank transfer, for the purposes of which the Company’s bank details are available upon request; or
- Visa and master credit cards; or
- in accordance with any credit terms account made available by the Company in connection with the Consumer’s account in accordance with these Conditions.
Please note that the Company will not accept any bank charges, commissions or fees. All documentary credits must clearly be marked that all such charges or commissions are for the account of the Consumer.
All payments must be made without any deductions, withholding or set off. Time for payment is of the essence. If the Consumer fails to make payment by the due date or if the Consumer is declared bankrupt (or any equivalent action is taken) then, without prejudice to any other right or remedy, the Company shall be entitled to:
- cancel the order or suspend any further deliveries or performance;
- charge interest (both before and after any judgment) on the amount unpaid at the rate of 5% per annum above the base rate from time to time of T Garanti Bank until payment is made in full;
- withdraw from the contract.
5. New Accounts
A Consumer wishing to open a credit account must furnish such information as may be requested by the Company and the Company may make such searches and enquiries as it sees fit. The Company reserves the right at its absolute discretion to grant, refuse or discontinue any credit facilities or reduce or suspend any credit limit at any time, without notice to the Consumer. No account facility or credit terms shall be binding on the Company unless confirmed by the Company in writing.
The Company reserves the right to decline to trade with any company, person or entity.
An order can be placed by telephone, facsimile, e-mail or web or e-procurement orders.
Before placing an order a consumer is to be provided with written information on the purchase regarding Company’s name, trade name, full address, telephone and other contact details, if any, a description and basic characteristics of the Goods and Services to be purchased, quantity, price, the term of validity of all representations of the Company including the price, information on the Consumer’s options for payment and total cost and mode of delivery and performance and information on by whom delivery charges will be covered, right of and procedure for withdrawal, and full address, telephone number and other contact information of the Company which may be used by the Consumer for any requests and complaints.
Each order placed by the Consumer will be confirmed in writing, which will include details of the price, product description, quantity, delivery etc.
The Consumer should quote its account number and order number when telephoning and in all correspondence.
To avoid duplication, written confirmation of telephone orders must be clearly marked ‘Confirmation only’. The Company will not accept liability for orders not so marked and duplicate orders will be charged accordingly.
Once accepted, an order may only be cancelled with the prior written agreement of a duly authorised representative of the Company, provided that the rights of the Consumer to withdraw the order under the provisions of the Law for the Protection of the Consumer are reserved.
Orders for Goods are accepted by the Company by dispatching the Goods provided; however, that dispatch shall not constitute acceptance where the price for the Supplies has been incorrectly quoted or referenced in the Consumer’s order.
Telephone, facsimile, email, web and e-procurement orders are automatically assumed to be urgent and save as set out below the Company will use all reasonable endeavours to despatch Goods so ordered on the same day, provided that orders are received before 3.00pm GMT Monday to Friday, and all Goods ordered after such time on the next working day to the place indicated by Consumer in an order as a place of delivery.
Goods ordered by other means will be delivered within 5-14 days to the place indicated by the consumer in an order to be the place of delivery.
Information on the costs of delivery are provided on the website: see www.cd-spider.com
Information on the modes of delivery available on the website: see www.cd-spider.com
The Consumer may request delivery or performance by instalments for up to 12 months from the date of order. The Company reserves the right to deliver or perform by instalments. Failure to meet a delivery or performance date where deliveries or performance are by instalment shall not prevent or restrict the Company from making further deliveries or rendering subsequent performance under the relevant Contract by instalment.
The Company may use any method of delivery available to it. The Company will use reasonable endeavours to meet delivery and/or performance estimates but, except as set out in Condition 8 below and to the extent permitted under the mandatory provisions of Law for the Protection of the Consumer and Turkish Law, in no circumstances shall it be liable to compensate the Consumer for non-delivery, non-performance or late delivery or performance . Time for delivery and/or performance will not be of the essence, provided that maximum periods set out in the Law for the Protection of the Consumer are not exceeded.
Provided that maximum periods set out in the Law for the Protection of the Consumer are not exceeded, The Company reserves the right to delay the dispatch for number of reasons, including to perform necessary credit or anti-fraud checks or procedures. Where the dispatch is delayed for such reasons, the Company will inform the Consumer in due course.
8. Inspection, defects and non-delivery
The Consumer must inspect the Supplies as soon as reasonably practicable after delivery or, in the case of Services, performance and, except as set out in Condition 15 below, the Company shall not be liable for any defect in the Supplies unless written notice is given to the Company within 30 days of the date of inspection. The Company does not write software comprised in the Goods and it is the Consumer’s responsibility to check for the presence of computer viruses before the Goods are used.
The quantity of any consignment of Goods, as confirmed by Consumer upon collection at the place of delivery indicated by Consumer, shall be conclusive evidence of the quantity received by the Consumer on delivery. The Company will not be liable for any non-delivery of Goods or non-performance of Services unless written notice is given to the Company within 30 days of the date when Goods should have been delivered or the Services performed in the ordinary course of events. Subject to condition 16(i) below, any liability of the Company for non-delivery or non performance or for Goods notified as defective on delivery or Services notified as defective following performance in accordance with this Condition 8 will be limited to replacing the Goods or re-performing the Services within a reasonable time, without additional charge and costs for the Consumer, or to refunding the price then paid in respect of such Supplies as described in Condition 9 below and withdrawing from the Agreement, reduction in the price pro rata to the defect or repair free of charge unless mandatory provisions of applicable law provide otherwise.
9. Returns – Complaints
Subject to provisions of Condition 10 below and to the extent permitted by the mandatory provisions of the Law and Regulation for the Protection of the Consumer, the following complaint procedure is in place.
No Goods, except defective Goods, may be returned to the Company unless the Consumer has first obtained from the Company a returns authorisation number (‘RAN’).
All Goods, except defective Goods, are returned at the Consumer’s risk and expense and should be undamaged by the Consumer and in their original packaging. The Consumer is responsible for returning Goods to the Company and for providing proof of delivery of such return.
The Company operates a 30-day returns policy. To be accepted for return on this basis, Goods should be returned for receipt by the Company within 30 days of delivery. The Consumer should return the Goods to the following address ASO Ajans halil Rifat Pasa Mah. Aydinliktepe Sk no 11 okmeydani 34384 Sisli Istanbul Turkey clearly quoting the Consumer’s account number, order number and RAN.
For more information, the company provides phone number: +90 212 2223801, where information in Turkish is available. The phone number is liable to change. Consumers should check the Company’s website for the latest number.
Any Goods returned after 30 days as ‘unwanted’ or ‘incorrectly ordered’ may be accepted at the discretion of the Company, but will be subject to a restocking fee of 20% of the invoice value of the Goods.
Goods that consist of software or are specially constructed or contain any of the hazardous substances referred to in Directive 2002/95/EC on the Restriction of the Use of Certain Hazardous Substances in Electrical or Electronic Equipment (‘RoHS’) may not be returned under this Condition 9.
Any static-sensitive Goods supplied in sealed packaging may not be returned if the blister or ‘peel’ packs in which they are supplied have been ordered, tampered with or damaged.
10. Right to withdraw
Provided that the rights of the Consumer under the Turkish Law and Regulations for the Protection of the Consumer are reserved the consumer is entitled to withdraw from the agreement without providing justification and without additional charges within 10 days of delivery of item or performance of Service, by providing a written notice (but not by email) to the following address ASO Ajans halil Rifat Pasa Mah. Aydinliktepe Sk no 11 okmeydani 34384 Sisli Istanbul Turkey. Upon withdrawing from the agreement regarding purchase of Goods, the Consumer is to follow the return procedure described in clause 9 above.
This time is prolonged to 3 months after delivery/performance, if appropriate, if the consumer is not provided with a written confirmation of the order including product, price, and confirmation of delivery mode.
All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions, capacity or other details including, without limitation, any statements regarding compliance with legislation or regulation (together “Descriptions”) wherever they appear (including, without limitation, in this Catalogue, data sheets, application notes, on despatch notes, invoices or packaging) are intended to give a general idea of the Supplies, but will not form part of the Contract. If the Description of any Goods differs from the manufacturer’s description, the latter shall be deemed to be correct.
The Company shall take all reasonable steps to ensure the accuracy of Descriptions, but relies on such information, if any, as may have been provided to it by its suppliers and accepts no liability in contract or tort or under statute or otherwise for any error in or omission from such Descriptions whether caused by the Company’s negligence or otherwise, to the extent permitted under the mandatory provisions of Turkish Law. The Company may make changes to the Supplies as part of a continuous programme of improvement or to comply with legislation.
Without prejudice to this Condition 11, Consumers are obliged to check the Company’s website for the latest descriptions of the Goods, in particular, but without limitation, with regard to statements regarding RoHS.
Where the delivery is per post or courier, the risk of damage to or loss of Goods will pass to the Consumer when the Goods are delivered to the Consumer and collected upon confirmation in writing.
This Catalogue remains at all times the sole and exclusive property of the Company.
13. Quality Assurance
All Goods detailed in this Catalogue have been processed in strict accordance with standard quality procedures approved to BS EN ISO 9001:2000, unless otherwise indicated on the despatch documentation.
Further details can be obtained from the Company’s sales office at the time of order. Selected items are available with full lot traceability to CECC distributor requirements.
14. Performance and fitness for purpose
Unless any performance figures, tolerances or characteristics have been specifically and expressly warranted by a duly authorised representative of the Company in writing, the Company accepts no liability for any failure of the Supplies to comply with such criteria, whether attributable to the Company’s negligence or otherwise to the maximum extent permitted under applicable law. The responsibility for ensuring that Supplies are sufficient and suitable for a particular purpose is that of the Consumer, unless specifically stated in writing by a duly authorised representative of the Company. Any advice or recommendation given by an employee of the Company which is not confirmed in writing by a duly authorised representative of the Company is acted on entirely at the Consumer’s risk and the Company shall not be liable for any such advice or recommendation which is not so confirmed. Except as set out in Condition 16, reserving the rights of the Consumer arising from the relevant provisions of the Turkish Consumer Protection Law, the liability of the Company to the Consumer, should any warranty, statement, advice or recommendation confirmed in accordance with this Condition 14 prove to be incorrect, inaccurate or misleading, will be limited to the refund of the price paid for the Supplies or, at the Company’s option, the supply of replacement Supplies which are sufficient and suitable.
The Company will transfer to the Consumer the benefit of any warranty or guarantee given by the manufacturer of Goods.
In the event of failure of the warranted goods within the warranty period due to faulty material or workmanship or assembly faults, the Company is obliged to repair or cause the repair of the goods without charging any fee for the costs of workmanship or replacements for any other reason.
In the event that the Consumer has exercised its right to repair; in the event that the goods cannot be used permanently due to frequent failures occurring within the warranty period as set out in the Consumer legislation or in the event that the maximum period required for the repair of such goods has been exceeded or in the event that the repair of the goods is deemed as not possible, the Consumer shall be entitled to exercise its alternative rights under Condition 8.
This obligation will not apply:
- if the defect arises because the Consumer has altered or repaired such Goods without the written consent of the Company; or
- because the Consumer did not follow the manufacturers’ instructions for storage, usage, installation, use or maintenance of the Goods; or
- if the Consumer has failed to notify the Company of any defect in accordance with Condition 8 where the defect should have been reasonably apparent on reasonable inspection; or
- if the Consumer fails to notify the Company of the defect within two years (or such other longer period as the Company shall specify at the time of acceptance of the order for the Supplies) of the date of delivery of the Goods or performance of the Services.
Any replacement Supplies made or Goods repaired under this Condition 15 will be guaranteed on these terms for any unexpired portion of the period of guarantee given on the original Supplies. Any Goods that have been replaced will belong to the Company.
Except as set out in Condition 16(i), the Company’s sole obligation and liability, should any Supplies prove damaged or defective in accordance with this Condition 15 and reserving the mandatory provisions of Turkish Law, shall be limited to, the repair or replacement of the relevant Goods or the re-performance of the relevant Services or the refund of the price paid for the relevant Supplies or reduction in price pro rata to the defect.
Subject to the above and except as set out in Condition 16(i), and Condition 8 above and the mandatory provisions of Turkish Law, this Condition is the Company’s sole obligation and the Consumer’s sole remedy for defective Supplies and is accepted by the Consumer in substitution for all express or implied representations, conditions or warranties, statutory or otherwise, as to satisfactory quality, fitness for purpose or performance of the Goods (or any materials used in connection therewith) or the standard of workmanship of the Services and all such representations, conditions and warranties are excluded.
16. Exclusion of Liability
- The Company does not exclude its liability to the Consumer:
- For breach of the Company’s obligations under section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982;
- For personal injury or death arising as a result of the Company’s negligence Under section 2(3) of the Consumer Protection Act 1987;
- For any matter which it would be illegal for the Company to exclude or to attempt to exclude its liability; or
- For fraud, including fraudulent misrepresentation.
- For damages inflicted as a result of Company intended misbehaviour or unlawful conduct or gross negligence;
- Under the mandatory provisions of Law for the Protection of the Consumer with No. 4077 amended by various laws and the relevant legislation; or
- Under the mandatory provisions of the Turkish Code of Obligations.
Except as provided in Conditions 8 (Inspection, defects and non delivery), 14 (Performance and fitness for purpose), and 15 (Warranty/Guarantee) and Condition 16(i) above, the Company will be under no liability to the Consumer whatsoever (whether in contract, tort, (including negligence), breach of statutory duty, restitution or otherwise) for any injury, death, damage or direct or indirect or consequential loss (all of which terms include, without limitation, pure economic loss, loss of profits, loss of business, loss of use, loss of data, computer downtime, depletion of goodwill, business interruption, increased purchasing or manufacturing costs, loss of opportunity, loss of contracts and like loss) howsoever caused or arising out of or in connection with:
- Any of the Supplies, or the manufacture, sale, performance or supply or failure or delay in performance or supply of the Supplies by the Company or on part of the Company’s employees, agents or sub-contractors; or
- Any breach by the Company of any of the express or implied terms of the Contract; or
- Any use made or resale or on-supply of any of the Supplies or any product incorporating any of the Goods or developed using the Supplies; or
- Any acts or omissions of the Company at the Consumer’s premises; or
- Any statement made or not made or advice given or not given by or on behalf of the Company, including as to compliance with legislation or regulation; or
- Otherwise under the Contract.
And the Company hereby excludes to the fullest extent permissible at law all conditions, warranties and stipulations, express (other than those set out in these Conditions or given in accordance with Condition 14) or implied, statutory, customary or otherwise which but for such exclusion, would or might subsist in favour of the Consumer.
Save as set out in Condition 16(i), the Company’s total liability in contract, tort, (including negligence), breach of statutory duty, misrepresentation or otherwise shall be limited to repairing or replacing Goods or in the case of Services, re-performing the Services or, at the Company’s option, refunding monies already paid in respect of the Supplies.
Each of the Company’s employees, agents and sub-contractors may rely on and enforce the exclusions and restrictions of liability in Conditions 8, 11, 14, 15, 16 and 17 in that person’s own name and for that person’s own benefit.
The Consumer acknowledges that these services are provided free of charge. Without limiting the generality of Condition 16:
The Company will make all reasonable efforts to inform as soon as practically possible the Consumer of the pending obsolescence or replacement of any Goods but accepts no liability for failing to do so in a timely manner or at all, nor for failing to provide details of possible or appropriate substitutes or for failing to provide the service in the manner or at the times anticipated. It is the responsibility of the Consumer to determine whether the Goods suggested are suitable for the Consumer’s intended use and no representations or warranties are provided in this regard.
18. Intellectual Property Rights
The Supplies in this Catalogue may be subject to intellectual and industrial property rights including patents, know-how, trademarks, copyright, design rights utility rights, database rights and or other rights of third parties. No right or licence is granted to the Consumer, except the right to use the Supplies or the Goods in the Consumer’s ordinary course of business. The Company shall have no liability whatsoever in the event of any claim of infringement of any such rights howsoever arising.
In particular, without limiting the above, title in any software program forming all or any part of the Goods is reserved to the Company and/or its suppliers. The Consumer is responsible for informing itself of the terms of its licence or use and paying any royalty payable.
The Company owns full copyright in respect of this Catalogue and its reproduction in whole or part is prohibited without the Company’s prior written consent.
19. Use of Personal Data
“Personal Data” means, in relation to any Consumer, any data from which (whether alone or in combination with other information held by the Company) the Company can identify that Consumer, regardless of how and when that data is provided.
The Company may process Personal Data for some or all of the purposes contemplated in these conditions or arising in the context of the relationship between the Company and the Consumer, including:
- Deciding whether to enter into any contract or arrangement with that Consumer. This may include conducting credit reference searches against a Consumer or its representatives and the disclosure of information to the relevant agency as to how the Consumer conducts its accounts and other anti-fraud or identity checks;
- Order fulfilment, administration, consumer services, profiling the Consumer’s purchasing preferences and to help to review, develop and improve the Company’s business and the goods and services it offers;
- Direct marketing of the Company’s products and services and/or of the products and services of other companies in the ASO Ajans or third parties which the Company believes may be of interest to the Consumer or its representatives, whether by post, fax, telephone, email, SMS, MMS or otherwise, upon Consumers prior express consent to the extent that it is lawfully entitled to do so;
- Crime prevention or detection
The processing of the Personal Data may involve:
- The disclosure of that Personal Data to the Company’s service providers and agents for the purpose of processing of order of the Consumer;
- Upon the Consumer’s prior express consent, the disclosure of that Personal Data to other companies in the ASO Ajans whose products and services the Company believes may be of interest to that Consumer;
- Upon the Consumer’s prior express consent, the disclosure of that Personal Data to third parties whose products and services the Company believes may be of interest to that Consumer;
- Upon the Consumer’s prior express consent the transfer of Personal Data outside of the EEA, including to countries whose laws may not provide adequate protection to Personal Data.
If, at any time, the Consumer does not wish his or her Personal Data to be used for any or all of the above purposes, he or she should contact the Marketing Manager, ASO Ajans halil Rifat Pasa Mah. Aydinliktepe Sk no 11 okmeydani 34384 Sisli Istanbul Turkey or notify any of our sales representatives when placing an order by phone.
In the event that the Company sends promotional material to the Consumer in relation to goods or services available from the Company, these Conditions shall apply to all Supplies purchased from such material.
21. Country of Origin
Goods may originate from a non-EC source. Unless otherwise confirmed by the Company in writing, nothing in this Catalogue is to be taken as a representation of the source of origin, manufacturer or production of the Goods or any part of them. Where certificates of origin are requested and available, these may be provided by the Company for a fee determined at the time of request.
22. Trade Counter
Goods can only be supplied at the trade counter against official orders for credit, debit card or cash transactions. A purchase order is required when collecting Goods. Cash transactions will only be accepted at the trade counter.
The Consumer is responsible at its own expense for obtaining any licence and complying with any export regulations in force within the Turkey and any import or export regulations in force in the country for which the Goods are destined.
Certain Goods imported from the United States of America are subject to specific restrictions.
With respect to goods manufactured in or originating from the United States, the Consumer agrees to comply with all applicable export laws, restrictions and regulations of the United States or foreign agencies or authorities, and shall not import, export, or transfer for the purpose of re-export, any product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such U.S. or foreign law or regulation. The Consumer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the Supplies.
The Company reserves the right not to supply certain consumers or certain countries and to require from the Consumer full details of the end use and final destination of the Goods.
24. US Stock*
In relation to any Contract for the supply of Goods which are notified by the Company at the time of order to be US Stock or subject to the Newark direct ship terms (“US Stock Goods”), the provisions of this Condition 24 shall apply in addition to all other terms and conditions set out in these Conditions. If there is any conflict or inconsistency between the terms set out above and this Condition 24, this Condition 24 shall prevail. This Condition 24 does not apply to any Contract which does not include US Stock Goods.
All orders containing US Stock Goods are subject to an additional delivery charge in the amount published by the Company at the time of the order. The US Stock Fee is payable only once per Contract regardless of the number of US Stock Goods ordered under that Contract and only once per Contract in the case of a Contract for Scheduled Delivery. The US Stock Fee will be charged on shipment of the first US Stock Goods to be delivered under any Contract.
US Stock Goods are normally delivered 3 working days after receipt of an order received prior to 5pm GMT on a working day. US Stock Goods ordered after 5 pm GMT on a working day or on a non-working day are normally delivered 3 working days after the next working day following receipt of the order. This is regardless of the delivery method chosen during the order process (which shall continue to apply to all other Goods ordered). The special same or next day delivery service does not apply to US Stock Goods. As set out above, all delivery times are estimates only.
Save in accordance with Condition 10 above, all orders for US Stock Goods, whether single drop or scheduled, are irrevocable and cannot be cancelled and US Stock Goods may not be returned except in accordance with Conditions 10 or 15 (if applicable) or with the prior written consent of a director of the Company.
- Cancellation and returns
In order to fulfil any Contract for US Stock Goods the Company will transfer the Personal Data of the person to whom the Goods are to be delivered to the USA. In placing any order for US Stock Goods, the Consumer accepts that this transfer will take place and consents to its taking place, even though the USA does not provide the same level of protection to Personal Data as the UK. The Company will endeavour to ensure that the Personal Data will receive an adequate level of protection while in the hands of its representatives in the USA. Where the Personal Data relate to another individual to whom the Goods are to be delivered, the Consumer agrees that he or she has the authority of that individual to consent on their behalf. The Consumer can withhold or withdraw his or her consent by contacting the Export Department, ASO Ajans, Halil Rifat Pasa Mah. Aydinliktepe Sk no 11 okmeydani 34384 Sisli Istanbul Turkey but this will severely curtail the service which the Company can offer and may require the Company to vary the terms of the Contract.
- Use of Personal Data in relation to US Stock Goods
*Applicable to EU countries only
25. Age requirements for certain goods
Where the law requires a minimum age for the purchase of certain Goods, the Consumer confirms that he or she is over the required age and that delivery of the Goods will be accepted by a person over the relevant age limit.
26. Life Support and Medical Applications
The Goods are not designed or authorised for implantation in the body or for use in life support equipment, other medical equipment or systems for any other purpose where the malfunction of the Goods could reasonably be expected to result in personal injury. Consumers using the Goods for any such purpose do so at their own risk and agree to indemnify the Company and its suppliers against any and all liability and expense (including costs) resulting from such use.
Agrees to the fixing of conversion rates between European Union member states, it will not have the effect of altering any term or discharging or excusing performance under the Contract.
28. Force Majeure
The Company shall not be liable to the Consumer in any manner or be deemed to be in breach of these Conditions because of any delay in performing or any failure to perform any of the Company’s obligations under this Contract if the delay or failure was due to any cause beyond the Company’s reasonable control (which shall include, but not be limited to government actions, war, fire, explosion, flood, import or export regulations or embargoes, labour disputes or inability to obtain or a delay in obtaining supplies of Goods or labour). The Company may, at its option, delay the performance of, or cancel the whole or any part of a Contract.
29. Recording of telephone calls
The Company reserves the right to monitor, intercept or record telephone calls and many monitor or intercept all email or other electronic communications made to its premises for training, security and quality purposes.
30. Legal Construction
All Contracts and these Conditions shall be governed by and interpreted in accordance with Turkish law and the Parties submit to the jurisdiction of the Turkish Courts.
Any provision of these Conditions of Supply which is held by any competent authority to be invalid, void, voidable, unenforceable or unreasonable (in whole or in part) shall to the extent of such invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the other provisions of these Conditions of Supply and the remainder of such provision shall not be affected. Failure by the Company to enforce or partially enforce any provision of these Conditions of Supply will not be constrained as a waiver of any rights under these Conditions of Supply.
The Company shall be entitled, without the consent of or notice to the Consumer, to assign the benefit, subject to the burden, of these Conditions and/or any Contract to any company in its group (as defined in section 53(1) of the Companies Act 1989) at any time.
Except as set out in Condition 16, the parties to the Contract do not intend that any of its terms will be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
These Conditions supersede all previous issues.