OVERVIEW
These are the Terms and Conditions (T&Cs) which will apply to your purchase of all the goods ("Goods") from this website [www.elibuyukotomotiv.com], which is operated by Elibüyük Otomotiv San. ve Tic. Ltd. Şti. and is herein referred to as the “Website”. Throughout the website, the terms “we”, “us” , “our” and "Elibuyuk Otomotiv" refer to Elibüyük Otomotiv San. ve Tic. Ltd. Şti. When we refer to "you" and "your" we mean the user of the Website and purchaser of the Goods.
These T&Cs form a legally binding contract between us and you. Your acceptance of the T&Cs is given when you purchase Goods from us. You should read these T&Cs carefully before buying anything from this Website. These Terms of Service apply to all users of the website, including without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the website following the posting of any changes constitutes acceptance of those changes. We will also notify you when we update our T&Cs via email if you have given your consent to be contacted by email.
PART 1 - ONLINE STORE USING TERMS
By agreeing to these Terms of Service, you confirm that you are at least 18 years of age.
You may not use our goods/product(s) for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). Any use of our goods/product(s) for “authorised” purposes (to be determined solely by us) must only be done subsequent to obtaining explicit written consent from the Chief Executive Officer (or appointed delegate) of Elibüyük Otomotiv.
You must not transmit any viruses or any code of a destructive nature, or in any way seek to compromise the cybersecurity & data privacy/protection safeguards of our website/company.
A breach or violation of any of the Terms of Service may result in an immediate termination of the Services we provide you.
PART 2 - GENERAL TERMS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your personal data and other informational content you maintain via our website (e.g. a membership account) (not including credit or debit card information), may be transferred unencrypted and involve (a) transmissions over various secure networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit and debit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
PART 3 - INFORMATION ABOUT OUR WEBSITE AND GOODS
This Part 3 sets out some terms about information on the Website, descriptions of Goods, and how you use the Website.
We try to make sure that all information on the Website, including descriptions of our Goods, and listed prices, are accurate and correct at all times. However, mistakes do happen, and in such instances, we will endeavour to resolve all informational and technical errors on the Website as soon as reasonably possible.If we reasonably think that such an error has affected your purchase of Goods, or any information about you maintained on/via our website (e.g. your personal data or membership account information) we will let you know via email as soon as possible and within 7 calendar days.
You should bear in mind that buying goods over the internet provides a different shopping experience to buying in-store. In particular you acknowledge that:
- The colours which are shown for the Goods on the Website will depend on many factors – including your display settings; all sizes and measurements of the Goods are approximate;
- All Goods are subject to availability - we may not be able to supply your order;
III. Any delivery estimates given on the Website or by email are estimates only;
- We may need to change the Goods/products to reflect changes in relevant laws and regulation requirements.
We reserve the right to amend errors, inaccuracies or omissions, or to update good/product information at any time without prior notice. In the event that a good/product is listed at an incorrect price due to photographical error, typographical error, or error in pricing information from our manufacturers, we and/or you shall have the right to refuse or cancel any orders placed for goods/product listed at the incorrect price (regardless of whether or not the order has been confirmed and you have been charged). If your credit/debit card has already been charged for the purchase and your order is cancelled, we shall issue a refund to you the same amount of what you paid in 14 calendar days if not earlier.
PART 4 - ORDERING AND AVAILABILITY
To order any Goods/Product, you must be at least 18 years of age (or any older age legally required under local law to bind yourself legally to these terms and conditions). By doing so, you confirm that you meet this requirement.
Goods/Products may be ordered by clicking on the item(s) you wish to purchase and then following the prompts that will appear on-screen. You may check and correct any input errors in your order up until the point at which you submit your order by clicking the "Confirm and Pay" button on the checkout page.
You make an offer to purchase a good/product from us (your "Order") by completing the staged process on the Website as set out below:
Adding good(s)/product(s) to your shopping basket.
Checkout step 1 – Enter Login details / or check out as a guest.
Checkout step 2 – Address details.
Checkout step 3 – Payment details and confirmation of Order.
Your Order only constitutes an offer to purchase Goods/products from us, and does not form a binding contract until accepted by us. Where you order more than one good/product your Order contains a series of offers for each good/product individually.
All orders are subject to acceptance by us. We are not obliged to accept your order and may, at our discretion, decline to accept any order. You do, however, acknowledge that by clicking on the "Confirm and Pay" button, you enter into an obligation to pay for the good(s)/Product(s). Where your order is accepted, this will be confirmed by sending you a confirmation (Order Confirmation) via email. The contract between you and us (as applicable) in relation to the good(s)/Product(s) ordered (Contract) will only be formed when we send you the relevant Order Confirmation. After entering into the Contract, we will be under a legal duty to supply you with goods/purchases that are in conformity with the Contract.
The Contract will relate only to the good(s)/Product(s) which have been confirmed in the Order Confirmation. We will not be obliged to supply any other good(s)/Product(s) which may have been part of your order until such good(s)/Product(s) have been confirmed in a separate Order Confirmation.
PART 5 - DELIVERY OF THE GOODS & RETURNS
We endeavour to ensure that the Good(s)/Product(s) that you order are provided by the agreed delivery date and where applicable time, however delays are occasionally inevitable due to unforeseen circumstances, which are sometimes beyond our control. Neither Elibuyuk Otomotiv, nor our nominated carrier(s), shall be under any liability for any delay or failure to deliver the Goods within the estimated time frame.
Please see Delivery and Shipping Information for delivery options, costs, and estimates time frames.
We are unable to change the delivery address for parcels once the order has been placed. Please note that any changes you make to your account after placing an order will not take effect immediately and won't apply to orders already placed.
We aim to deliver your ordered good(s)/product(s) by the estimated date set out in the dispatch confirmation email, or, if no date is given, at the latest within 30 calendar days of the date of the dispatch confirmation email. In the unlikely event that your delivery is delayed for any reason within our control, we will do our best to keep you informed of the estimated delivery date via email. Please note that if the good(s)/product(s) is/are not delivered within 30 calendar days of the dispatch confirmation email, you are entitled to cancel the order and be refunded any amounts paid by you for that order. Please see our Returns Policy for more information on your right to cancel.
Ownership of, and risk in, the good(s)/product(s) you have ordered will pass to you at the time they are delivered to your specified shipping address. If you decide to return the good(s)/product(s) to us (either in their entirety, or certain part of an order) for a refund in accordance with our Returns Policy, risk will remain with you until we have received the returned good(s)/product(s) you have posted to us.
Returning Goods by Post
If you wish to return your goods by post, follow the instructions outlined below:
Make return request on our website or customer service once confirmed. Complete the returns note (that posted to you with your Goods) and enclose it with your parcel whilst requesting proof of postage (Signed For, Recorded Delivery or via any other recorded carrier services). Please retain this until you have received your refund. When we receive your Order we will send an email to you confirming the refund has been successful and your card will be credited.
Ensure your Goods are in a securely wrapped parcel and place a returns address label on the parcel.
The returns address is Elibuyuk Otomotiv – Aksaray Mah. Valide Cami Sok. No.8 Aksaray Is Merkezi Z02 34096 Fatih, Istanbul, Turkey
The return postage fee paid by the customer.
PART 6 – GOOD(S)/PRODUCT(S) WARRANTY
All goods/products supplied by us are warranted to be generally free from defects in workmanship and materials, and fit for the purpose for which such goods/products would normally be used. If you purchase goods/products in the course of your business, all other express or implied terms or warranties relating to the goods/products are excluded to the fullest extent permitted by applicable law. Subject to this, however, goods/products are not tested or sold as being fit for any particular use or for use under specific conditions, unless expressly agreed in writing. All products provided by us will be provided with reasonable skill and due care, and within a reasonable period. If you purchase products in the course of your business, all other express or implied terms or warranties relating to the products are excluded to the fullest extent permitted by applicable law.
PART 7- FORCE MAJEURE
We will not be responsible for the performance of any obligations under these terms and conditions in the case of an event outside of our reasonable control, including (but not limited to) strikes, lockouts, failures of third-party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment.
We warrant to you that any Good(s)/product(s) purchased from us through our Website are of satisfactory quality and reasonably fit for all the purposes for which goods/products of the kind are commonly supplied.
Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Good(s)/product(s) you purchased and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
PART 8 – LIABILITY
Nothing in these terms and conditions shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
- under Part I of the Consumer Protection Act 1987; or
- for any other liability that, by law, may not be limited or excluded.
PART 9 - THIRD-PARTY LINKS ON WEBSITE
Certain content, good(s)/product(s) and services available via our website may include materials from third-parties.
Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party material(s) or website(s), or for any other material(s), good(s)/product(s), or service(s) of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods/products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party good(s)/product(s) should be directed to the third-party.
PART 10 - INTELLECTUAL PROPERTY
Unless otherwise noted, all design and content featured on the website - including navigational buttons and images, artwork, graphics, photography, text, and the like - are subject to copyrights, trademarks, trade dress and/or other intellectual property rights that are owned, controlled or licensed by or to Elibuyuk Otomotiv. All such rights are reserved.
The content on the website, and the website as a whole, is intended solely for the personal and non-commercial use by users of our website. Any use of our website and its content for purposes other than personal and non-commercial is prohibited without the prior written permission of Elibuyuk Otomotiv.
You may download, print or store any of the page contents displayed on the website, provided that you (1) only use these materials for your personal, non-commercial use, (2) do not post the content on any website/media network or broadcast the content in any media; or (3) do not modify or alter the content in any way, or delete or change any copyright or trademark notice. Should you choose to download, copy, or forward any website materials via email, no right, title, or interest in those materials will be transferred to you. We reserve complete title and full intellectual property rights in any content you download, reproduce, print, redistribute or store from this website.
PART 11 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service on our website will be accurate or reliable.
You agree that from time to time we may remove the service/goods for indefinite periods of time or cancel the service/goods at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all good(s)/product(s) and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Elibuyuk Otomotiv, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct/indirect, incidental, punitive, special, or consequential damages of any kind. This includes; without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any good(s)/product(s) procured using the service, or for any other claim related in any way to your use of the service or any good/product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or good/product) posted, transmitted, or otherwise made available via the service. Even if advised of their possibility because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.
PART 12 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us via email to info@elibuyukotomotiv.com that you no longer wish to use our Services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
PART 13 – GOOD(S)/PRODUCT(S) & PROMOTIONS
Our good(s)/product(s) or services are available exclusively online through the website. These good(s)/product(s) or services may have limited quantities and are subject to return only according to our Returns Policy.
We reserve the right, but are not obligated, to limit the sales of our good(s)/products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis, at our sole discretion, and as permitted by applicable law. We reserve the right to limit the quantities of any good(s)/product(s) or services that we offer. All descriptions of good(s)/product(s) or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any good/product at any time. Any offer for any good/product or service made on this website is void where prohibited.
We do not warrant that the quality of any good(s)/product(s), services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
For sale periods, such as (but not limited to) Black Friday and Cyber Monday where discounting is applied at our sole discretion, additional credit notes and/or other discount codes cannot be applied.
PART 14 - PERSONAL INFORMATION
Your submission of personal data/information through the website is governed by our Privacy Policy.
PART 15 - LAW
These terms are governed by Turkish Law and you can bring legal proceedings in respect of the good(s)/Products in the Turkish courts.
PART 16 - COMPLAINTS
If you would like to raise a complaint/claim/concern please contact us on info@elibuyukotomotiv.com
PART 17 - CONTACT INFORMATION
Questions about the Terms of Condition should be sent to us on our Contact Us page, or via info@elibuyukotomotiv.com