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Distance Sales Contract
 
 ARTICLE 1 – PARTIES TO THE CONTRACT


SELLER: gohydraulic.com

Address: Körfez Küçük Sanayi Sitesi 410 Blok 9/10 - KOCAELI - TURKIYE

Phone:  + 90 262 335 63 66

e-mail: info@gohydraulic.com

BUYER: Customer 

ARTICLE 2 – SUBJECT OF THE CONTRACT: The subject of this contract is determination of the rights and obligations of the parties regarding the sales and delivery of the goods/services which the Buyer ordered in the electronic environment of www.gohydraulic.com belonging to the Seller, and which have the qualities and sales price defined in the contract and in accordance with the provisions of the Law no. 4077 on Protection of Consumers and Regulations for Application Principles and Procedures of Distance Contracts. Buyer acknowledges and declares, in accordance with the provisions of this contract, having all preliminary information related to the goods/services subject to the sales, such as basic qualities of the goods/services subject to the sales, sales price of the same, payment terms, delivery terms, etc. and “right of withdrawal”, and that such preliminary information is approved in electronic environment and then goods/services are ordered. Invoice and preliminary information on the payment page of www.gohydraulic.com is an integral part of this contract.

ARTICLE 3 – DATE OF CONTRACT: This contract, already signed by the Seller in advance, in two copies is signed and accepted by the Buyer on the date of………………………… and a copy shall be e-mailed to the buyer’s e-mail address.

ARTICLE 4 – DELIVERY OF THE GOODS/SERVICES, PERFORMANCE PLACE OF THE CONTRACT AND DELIVERY METHOD: Goods/services shall be delivered to………………..at the address of ……………………………… as requested by the Buyer.

ARTICLE 5 – DELIVERY COSTS AND EXECUTION: Delivery costs shall be borne by the buyer. If the Seller declared to cover delivery costs of those who purchase over the announced amount or free delivery within the scope of a campaign, delivery costs shall be borne by the Seller. Delivery shall be done according to the availability of the stocks and in the shortest time after the transfer of the cost of goods to the account of the seller. Seller shall deliver the goods/services within 30 (thirty days) from the order and within this period by a written notification, reserves the right of an additional 10-day extension. If the price of goods/service is not paid for any reason or cancelled in the bank records, seller shall be considered free from goods/service delivery.

ARTICLE 6 – DECLARATION AND REPRESENTATIONS OF THE BUYER: Buyer shall inspect the goods/services that are subject to the contract before taking delivery, and shall not accept delivery of damaged and defective goods/service, such as being crushed, broken, torn package, etc., from the courier service. Delivered goods/services shall be deemed as undamaged and intact. Careful protection of the goods/services after delivery is the buyer’s responsibility. If the buyer shall use the right of withdrawal, the goods/services shall not be used. The invoice must be returned. After the delivery of goods/services, in case of non-payment of the product price to the Buyer by the bank or financial institution due to unfair or unlawful use of the buyers credit card by unauthorized persons in a manner which is not caused by the fault of the Buyer, Buyer is responsible for sending the goods/service to the Seller, provided that it has been delivered, within 3 (three) days. In this case, the delivery costs shall be borne by the Buyer.

ARTICLE 7 – DECLARATIONS AND REPRESENTATIONS OF THE SELLER: Seller is responsible for delivery of the goods/service intact, complete, and conforming to the qualities specified in the order, warranty certificates and user manual, if any. If the goods/services of the contract shall be delivered to a person/entity other than the buyer, the seller shall not be responsible for non-acceptance of the person/entity to be delivered. Seller shall refund the price of goods/service and return valuable documents, if any, within 10 (ten) days after the receipt of withdrawal declaration; take the goods/service back within 20 (twenty) days. On reasonable grounds, seller may supply the same quality at the same price before the performance period of the contract expires. If the seller thinks fulfillment of the goods/service became impossible, notifies the buyer before the performance period of the contract expires. The amount paid and documents, if any, shall be returned within 10 (ten) days. Faulty or damaged goods/services among the sold goods/services with or without warranty certificate shall be sent to the seller for necessary repair under warranty conditions; in this case delivery costs shall be borne by the Seller.

ARTICLE 8 – SPECIFICATIONS OF THE CONTRACT SUBJECT GOODS/SERVICE: Nature and type, quantity, brand/model, color and sales price, including all taxes, of the goods/service are as the information included in the goods/service introduction page on www.gohydraulic.com and as stated on the invoice that is an integral part of this contract.

ARTICLE 9 – CASH PRICE OF THE GOODS/SERVICE: Cash price of the goods/service is available on the sample invoice e-mailed after the order is placed and the invoice sent to the customer with the product.

ARTICLE 10 – FORWARD PRICE: According to the maturity on the sales price of the goods/service, the price is available on the sample invoice e-mailed after the order is placed and in the content of the invoice sent to the customer with the product.

ARTICLE 11 - INTEREST: It cannot be higher than the interest rate set by the Government of the Republic of Turkey and 30% in any case. The buyer is liable to the bank it works with.

ARTICLE 12 – ADVANCE PAYMENT AMOUNT: Advance payment amount of the goods/service is available on the sample invoice e-mailed after the order is placed and in the content of the invoice sent to the customer with the product.

ARTICLE 13 – PAYMENT PLAN: In case the buyer purchases the goods by credit card and in installments, form of installment chosen on the webpage shall apply. For installment transactions, provisions of the agreement signed between the buyer and the cardholder bank shall apply. Payment date of the credit card shall be determined by the provisions of the agreement between the bank and the buyer. The buyer may follow-up the number of installments and payments from the account statement sent by the bank.

ARTICLE 14 – RIGHT OF WITHDRAWAL: Buyer may use the right of withdrawal within 7 (seven) days from the delivery of contract subject goods/service to itself or the person/entity in the address indicated. To be able to use the right of withdrawal, it is essential to notify the customer services of the Seller by e-mail or phone within the same period and that the goods/services are unused in accordance with the provisions of Article 15 and the preliminary information, which is an integral part of this contract, published on www.gohydraulic.com. In case of exercise of this right, it is compulsory to return the original invoice delivered to the third party or the buyer. Within 7 (seven) days following the delivery of right of withdrawal notice, the price of goods/service shall be refunded to the Buyer and within 20 (twenty) days, the goods/service shall be taken back. If the original of the invoice is not sent, the VAT and other legal liabilities, if any, shall not be refunded to the Buyer. Due to the right of withdrawal, delivery cost of the returned goods/service shall be borne by the Seller.


ARTICLE 15 – GOODS/SERVICES NOT AVAILABLE FOR EXERCISING RIGHT OF WITHDRAWAL


Goods/services not to be returned by their nature are rapidly deteriorating and expiring goods/services, single use goods/services, sanitary goods/services and all kinds of duplicable software and programs. Moreover, for using right of withdrawal for all kinds of software and programs, various media (DVD, CD, etc.), for computer and stationery, consumables (toner, cartridge, tape, etc.) and for cosmetics, packaging of the goods/services is required to be unopened, intact and unused.

ARTICLE 16 – DEFAULT STATE AND LEGAL CONSEQUENCES:
 In the event of the buyer’s failure to meet financial obligations on the transactions made by a credit card, buyer shall pay an interest within the framework of the credit card agreement signed between the bank of the credit card and buyer, and shall be liable to the bank. In this case, relevant bank may take legal actions, may demand the arising costs and attorney fees from the buyer and under all circumstances, in the event of default of the buyer due to debts, the buyer agrees to compensate the loss and damages of the seller arising from delayed fulfillment of the debt.

ARTICLE 17 - JURISDICTION: 
For the disputes arising from this Contract, up to the value announced by the Ministry of Industry and Trade Arbitration Committees for Consumer, and for the values above the specified values Consumer Courts, in the places where they are not available Courts of First Instance are authorized.
   
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