1.1. Seller
Name: ÖZNURAY TEKSTİL SAN.TİC.LTD.ŞTİ
Address: Mehmet Nesih Özmen Mah. Gülsever Sokak No:14B Güngören/Istanbul Turkey
Phone: +905416845750
MERSIS NO: 0703034520000015
Email: [email protected]
1.2. Buyer
Name – Surname:
TCK No:
Address:
Phone:
Email:
Article 2 - Subject
The subject of this contract is the sale and delivery of the product, which the BUYER orders electronically from the website www.ozdisan.com belonging to the SELLER, with the qualifications and sales price specified below. It is intended to determine the rights and obligations of the parties in accordance with the provisions of the Turkish Commercial Code, the Code of Obligations, and the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts. The Buyer acknowledges and declares that they have been informed by the Seller in a clear, understandable, and internet-appropriate manner regarding the Seller's name, title, full address, phone, and other contact information, the essential characteristics of the product subject to sale, the sales price including taxes, payment method, delivery conditions, and costs, as well as all preliminary information regarding the "right of withdrawal" and how to exercise this right, and the official authorities where they can submit complaints and objections. The Buyer confirms that they accepted and declared that they placed an order for the product after electronically verifying this preliminary information. The preliminary information on the website www.rugatchib2b.com and the invoice issued based on the order given by the Buyer are integral parts of this contract.
Article 3 - Product/Payment/Delivery Information of the Contract
The type and category of the product(s) purchased electronically, the quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information, and shipping cost are specified below. The person to be invoiced must be the same as the person entering into the contract. The information provided below must be accurate and complete. The Buyer accepts full responsibility for any damages resulting from incorrect or incomplete information and also accepts all responsibilities that may arise from this situation. The SELLER reserves the right to suspend the order if the information provided by the BUYER does not match reality. In cases where the SELLER identifies an issue with the order, if they are unable to reach the BUYER using the phone, email, or postal address provided by the BUYER, the SELLER will suspend the order for a period of 15 (fifteen) days. During this period, the BUYER is expected to contact the SELLER regarding the matter. If no response is received from the BUYER during this time, the SELLER will cancel the order to prevent any harm to both parties.
Purchased Product(s)
Name, code: … units
Total Sales Price: …. – TL/USD
Payment Method: Credit Card/Bank Transfer (EFT)
Recipient:
Phone Number:
Delivery Address:
Invoiced Person/Organization:
Invoice Address:
Tax Office:
Tax Identification Number:
Shipping Cost: … - TL/USD
For delivery addresses outside of Turkey, the shipping cost and any additional expenses that may arise at customs will be added separately.
Article 4 - Date of the Contract and Force Majeure
The date of the contract is the date on which the order is placed by the buyer, which is ../../…. Circumstances that were not present or anticipated at the time the contract was signed, which arise outside the control of the parties, and that make it impossible for one or both parties to fulfill their obligations and responsibilities under the contract partially or completely, or to fulfill them in a timely manner, shall be considered force majeure (natural disasters, war, terrorism, riots, changes in legislation, confiscation, strikes, lockouts, significant breakdowns in production and communication facilities, etc.). The party experiencing the force majeure situation shall notify the other party of the situation immediately and in writing. During the continuation of the force majeure situation, the parties shall not incur any liability for their inability to perform their obligations. If the force majeure situation continues for a period of 30 (thirty) days, each party shall have the right to unilaterally terminate the contract.
Article 5 - Rights and Obligations of the Seller
5.1. The Seller agrees and undertakes to fulfill the obligations assigned to them in the contract in accordance with the provisions of the Law on Consumer Protection No. 6502 and the Regulation on Distance Contracts, except in cases of force majeure.
5.2. Persons under the age of 18 (eighteen) cannot make purchases from www.rugatchib2b.com. By shopping on the website, the Buyer warrants that they are over the age of 18. The Seller cannot be held responsible in any way for the actions of a user under the age of 18 who opens an account and performs actions on www.rugatchib2b.com.
5.3. www.rugatchib2b.com is not responsible for price inaccuracies arising from system errors. Accordingly, the Seller is not liable for promotional or pricing errors that may occur due to interventions in the system, design, or illegal actions affecting the website. The Buyer cannot make claims against the Seller based on system errors.
5.4. Purchases can be made from www.rugatchib2b.com using credit cards (Visa, MasterCard, etc.) or bank transfer. Orders for which the transfer has not been completed within 1 business day from the order date will be canceled. The processing time for orders is determined not by the moment the order is placed but by the time the necessary payment is collected from the credit card account or when the transfer (EFT) reaches the bank accounts. Payment methods such as cash-on-delivery or postal checks that have not been discussed with customer service are not accepted.
5.5. For orders to be paid by bank transfer, there is a "payment notification form" that must be filled out after each order. The payment notification form indicates that the Buyer has paid the amount for the product(s) purchased to the Seller, and it allows these transactions to be processed more quickly and accurately by the Seller. ÖZNURAY TEKSTİL SAN.TİC.LTD.ŞTİ cannot be held responsible for any delays arising from the Buyer's failure to fill out this form, or if it is filled out incorrectly or incompletely, even if the Buyer has transferred the required amount to the Seller's accounts.
5.6. The technical specifications of the products ordered by the Buyer are primarily contained in the manufacturer's technical documents. www.rugatchib2b.com is not responsible for errors and inaccuracies in the data provided by the manufacturer. The technical or visual information published on the www.rugatchib2b.com website is solely for the convenience of the customers; the suitability of the published data is entirely at the Buyer's discretion. The Seller's preliminary information does not constitute a guarantee.
5.7. There may be color, size, and text differences between the product shown in the visual and the product delivered due to the online environment. The primary criterion is the manufacturer's technical data related to the product.
5.8. Technical data is updated periodically by the manufacturers. While www.rugatchib2b.com closely monitors these updates and uploads them to the site, it cannot guarantee 100% compatibility with the products in its stock.
5.9. If www.rugatchib2b.com provides a direct link to a website, all responsibility for the content and use of the provided link lies with the user, and www.rugatchib2b.com has no liability for the use or content of the link.
5.10. All technical data and visuals on the www.rugatchib2b.com site shall not be used by the user for any reason or for commercial purposes.
5.11. Orders placed on www.rugatchib2b.com outside of business hours, on weekends, official holidays, or on dates when the entire company or a specific part of it is considered to be on administrative leave, will be processed on the first business day following the transfer of payments to the accounts.
5.12. The product stock visible on the www.rugatchib2b.com website may vary because multiple orders for the same product can be placed by different individuals at the same time. Therefore, the final available product stock will be determined by the products approved by the system during the order process, not by the items added to the cart.
5.13. During purchases made on the www.rugatchib2b.com website, there may be instantaneous fluctuations in prices due to changes in exchange rates. In this regard, the final pricing will be the prices stated in the order confirmation email.
5.14. Some product detail pages on the website contain the term "Obsolete." This indicates that the product will no longer be manufactured by the manufacturer and may therefore not be available in the future. Although ÖZNURAY TEKSTİL SAN.TİC.LTD.ŞTİ tries to keep the most current information on the website, it is not responsible for the accuracy of this information or any legal consequences arising from it.
At this point, all responsibility lies with the Buyer.
5.15. Some products on the website have a "Substitute" option. A substitute product refers to similar products with comparable features or products of different brands that can replace the relevant product.
ÖZNURAY TEKSTİL SAN.TİC.LTD.ŞTİ updates substitute products on its website based on technical data or feedback received from manufacturers; however, it cannot guarantee the accuracy of this information 100%. The final decision regarding substitutes lies with the Buyer, and the Seller does not accept any legal liability for errors that may arise.
5.16. There is a messaging module on the website. This module is designed to enable ÖZNURAY TEKSTİL SAN.TİC.LTD.ŞTİ to provide faster and more effective service to its customers.
By using this module, you agree and undertake to share your traffic information on the website, as well as details such as the device and browser you use to access the website, location, etc., with Özdisan Elektronik A.Ş. and Zopim Application Manager.
5.17. The technical data on www.rugatchib2b.com is compiled by ÖZNURAY TEKSTİL SAN.TİC.LTD.ŞTİ to help users gather information about the products they are looking for. However, ÖZNURAY TEKSTİL SAN.TİC.LTD.ŞTİ cannot guarantee that this technical data refers to the mentioned products 100%. The responsibility for the use of technical data lies with the user.
5.18. The minimum order limit for orders that can be placed on www.rugatchib2b.com is $2, excluding VAT. Orders cannot be placed for amounts below this.
5.19. ÖZNURAY TEKSTİL SAN.TİC.LTD.ŞTİ reserves the right to cancel or modify any campaigns and promotions offered to users on its websites without prior notice.
5.20. A shipping fee is charged for all orders under 200 TL. This fee will be reflected in the amount and invoice that the Buyer will pay, regardless of whether the Buyer picks up their order from the Seller's warehouse or branches, and will be collected from the Buyer.
5.21. There is a "money point" application for purchases made on the www.rugatchib2b.com sites. The percentage of money points earned and the conditions for their use are entirely at the discretion of ÖZNURAY TEKSTİL SAN.TİC.LTD.ŞTİ, which also reserves the right to make changes to or terminate the application. There is no requirement for the Seller to provide any warning or notification to the Buyers regarding these specified conditions.
5.22. For sales made by the Seller through the aforementioned websites, the "same-day shipping for orders placed after 15:00" application may not be carried out depending on the current operational workload or the number of items in the order. In such cases, ÖZNURAY TEKSTİL SAN.TİC.LTD.ŞTİ cannot be held responsible for the failure to fulfill this promise due to shipping companies and other external factors.
5.23. Multiple pricing for a product may be found on the website. This situation is related to the minimum package quantity of the material. Discounts will be applied at a rate determined by the Seller for purchases exceeding the minimum package quantity of a material.
5.24. The www.rugatchib2b.com websites work best with the Google Chrome web browser. The Seller is not responsible for any errors related to transactions and displays made with other web browsers.
Article 6 - Rights and Obligations of the Buyer
6.1. The Buyer agrees and undertakes to fulfill the obligations assigned to them in the contract, except in cases of force majeure.
6.2. The Buyer accepts and undertakes that by placing an order, they are deemed to have accepted the terms of the contract and will make payment according to the payment method specified in the contract.
6.3. The Buyer acknowledges that they have obtained clear, understandable, and internet-appropriate information about the Seller's name, title, address, telephone, and other contact details, the essential characteristics of the goods being sold, the sales price including taxes, payment method, delivery conditions and costs, etc., and that they have electronically confirmed this preliminary information regarding their right of withdrawal and how to exercise it, as well as the official authorities to which they can address complaints and objections.
6.4. In accordance with the previous article, the Buyer declares that they have read and understood the information regarding the order/payment/use procedures on www.rugatchib2b.com, which includes product ordering and payment conditions, product usage instructions, measures taken for possible situations, and warnings, and that they have provided the necessary electronic confirmation.
6.5. If the Buyer wishes to return the purchased product, they agree and undertake not to damage the product and its packaging under any circumstances, not to tear or destroy the seal, to ensure that the product has not been used in any way, and not to exchange it for another product. The Buyer also agrees to return the original invoice and delivery note at the time of return.
6.6. After the product intended for return due to any defect is delivered to our company via the contracted cargo company, the product will be subjected to a technical examination. Depending on the suitability report provided as a result of this examination, if the return of the product is accepted, the Buyer will be contacted to either exchange it for another existing product or to process a refund. These procedures take a total of 3 to 15 days.
6.7. If the order created by the Buyer on rugatchib2b.com includes SENSECAP M1 LORAWAN GATEWAY products, the Buyer is deemed to have accepted the terms included in the ADDENDUM-1 Protocol in addition to this contract.
6.8. The Buyer declares, accepts, and undertakes that they are not subject to economic sanctions imposed by Turkey, the European Union, or the United States of America, and that they will not resell the products purchased from ÖZNURAY TEKSTİL SAN.TİC.LTD.ŞTİ to any private, legal, or public entities subject to sanctions as announced by regulatory authorities, nor will they use the purchased products in any way that would violate these sanctions.
Article 7 - Order/Payment Procedure
Order: After the total amount in TL (including VAT) of the products added to the shopping cart (total installment amounts for installment transactions) is approved by the Buyer, the transaction is processed through the relevant bank card's POS. Therefore, orders are confirmed by sending an order confirmation email to the customer before shipment. No shipment will be made before the order confirmation email is sent. Orders can only be placed for items visible in stock on www.rugatchib2b.com. All other stock data is for informational purposes only and is closed to sales through the system. For ordering products that are not currently in stock, you can call customer service, use the notification module, or email [email protected]. The Minimum Order Quantity defines the smallest quantity of a product that can be sold from available stock.
Purchases made through www.rugatchib2b.com must be in the Minimum Order Quantities and multiples of the products. Purchases cannot be made below the minimum order quantity or outside of its multiples. Any disruptions in the process or issues that may arise related to credit cards will be communicated to the Buyer using one or more of the contact methods specified in the contract (phone, fax, email). If necessary, the Buyer may be asked to contact their bank. The processing time for orders is determined not at the moment the order is placed, but rather when it is confirmed that the necessary payment has been made from the credit card account or that the bank transfer (EFT) has reached the seller's accounts.
In exceptional circumstances, if it is understood that the goods subject to the contract cannot be supplied for valid reasons and/or if there is a stock problem, the Buyer will be informed immediately and clearly. With the Buyer's approval, an equal quality and equivalent product may be sent at the same price, or at the Buyer's request and choice, a new product may be sent. The Buyer may wait for the product to be restocked or for other obstacles to delivery to be resolved, and/or either the Buyer or the Seller may cancel the order.
In cases where the obligation to deliver the goods subject to the contract becomes impossible, the Buyer will be informed of this situation, and the total amount paid, along with any documents that may have placed them in debt, will be returned to them within a maximum of ten days, and the contract will be canceled. In such cases, the Buyer will not have any claims for additional material or moral damages from the Seller.
Payment:
On www.rugatchib2b.com, buyers who do not wish to use credit card information online have the option to place orders via cash transfer. When making a transfer, the buyer can choose the most suitable bank and complete the transaction. If a bank transfer (EFT) has been made, the date of receipt in the account will be considered. When making the transfer and/or EFT, the "Sender Information" must match the Invoice Information, the transfer order number must be written in the bank's transfer description section, and the transferred amount must be exactly the same as the "amount to be paid." Orders for which payment is not made within one business day after placing the order will be canceled.
For orders paid by bank transfer, there is a "Payment Notification Form" that must be completed after each order. The Payment Notification Form indicates the amount of the product(s) purchased by the buyer and serves to expedite and ensure accuracy in processing with the seller. The sections for "Bank where payment was made," "Person sending the payment," and "Amount paid" on this form must be filled out completely. ÖZNURAY TEKSTİL SAN.TİC.LTD.ŞTİ cannot be held responsible for any delays resulting from the buyer's failure to complete this form or for filling it out incompletely or incorrectly, even if the payment amount has been transferred to the seller's accounts.
In purchases made through www.rugatchib2b.com, product prices are displayed in US Dollars on the product selection screen and in the cart. Once the order is completed and the payment screen appears, the total is converted to Turkish Lira based on the current exchange rate for US Dollars on that day and invoiced in Turkish Lira.
If, after the product is delivered, the buyer's credit card is used unlawfully or without authorization by unauthorized persons for reasons not attributable to the buyer, and the related bank or financial institution does not pay the seller the product price, the buyer is required to return the product delivered to them or the designated individual to the seller within 10 days. In such cases, the shipping costs will be borne by the buyer.
If the buyer prefers to pay by credit card, the buyer acknowledges, declares, and undertakes to confirm the applicable interest rates and default interest information with their bank, accepting that the provisions regarding interest and default interest under the applicable legislation will be applied in accordance with the "Credit Card Agreement" between the bank and the buyer.
Article 8 - Shipment/Delivery Procedure
Shipment:
With the sending of the order confirmation email, the product/products will be handed over to the cargo company agreed upon by the seller.
Delivery:
The product/products will be delivered to the buyer's address by the cargo company agreed upon by the seller. The delivery period is 30 days from the sending of the order confirmation email and the establishment of the contract. This period may be extended by a maximum of ten days, provided the buyer is notified in writing or through a durable medium in advance. For deliveries outside of Turkey, additional time due to customs procedures will also be added. The buyer acknowledges that ÖZNURAY TEKSTİL SAN.TİC.LTD.ŞTİ reserves the right to cancel the sale without stating any reason based on the delivery location. Products will be sent to areas where the cargo companies do not deliver directly with a phone notification.
In areas where the cargo company delivers once a week, there may be delays in the specified delivery days due to inaccuracies or deficiencies in the shipping information, as well as situations such as social events and natural disasters. The buyer cannot hold the seller responsible for any of these delays. If the product is to be delivered to someone other than the buyer, the buyer is responsible for any additional shipping costs and delays arising from the refusal of the receiving person or organization to accept the delivery, or from inaccuracies in the shipping information or the absence of the buyer, and the seller is not responsible.
If the product/products have not reached the customer within the specified days, delivery issues must be reported immediately to customer services via the email address [email protected]. In the case of damaged packages, the damaged packages must not be accepted and a report should be made with the cargo company's representative. If the cargo company representative believes that the package is not damaged, the buyer has the right to request that the package be opened there to verify that the products were delivered without damage and to have this situation recorded in a report.
Once the package is accepted by the buyer, it is considered that the cargo company has fulfilled its duties completely. If the package was not accepted and a report was made, the situation should be reported to the seller's customer services as soon as possible, along with a copy of the report retained by the buyer.
Article 9 - Return and Withdrawal Procedure for Products
The right of withdrawal or return applies to products purchased through www.rugatchib2b.com under the following conditions.
9.1. Within the scope of the Consumer Protection Law No. 6502, the buyer has the right to withdraw and return the purchased product(s) within 14 days after receiving them from the cargo company, without specifying any conditions. To exercise the right of withdrawal, there is an option for "Cancellation and Return" under the "My Orders" section on the website.
After clicking on the return option, the form that appears must be filled out completely. In this context, if the return of the product(s) is made via the cargo company agreed upon by the seller, the buyer will not have to pay any shipping fees. The conditions for returns are as follows:
9.2. If the above conditions are met, the product(s) to be returned will be examined by ÖZNURAY TEKSTİL SAN.TİC.LTD.ŞTİ and, if necessary, by the manufacturers of the products to determine whether they are suitable for return. The duration of this process is 1-15 days. If the products are deemed suitable for return, the product price will be refunded to the buyer using the same payment method used for the purchase. This process will take a maximum of 10 days. ÖZNURAY TEKSTİL SAN.TİC.LTD.ŞTİ is not responsible for delays caused by the bank for credit card refunds.
9.3. The existence of a reason that decreases the value of the received goods or makes the return impossible does not prevent the exercise of the right of withdrawal. However, if the decrease in value or impossibility of return is caused by the consumer's fault, the seller must compensate the seller for the value of the goods or the decrease in value. If the seller believes that the return of the goods sent by the buyer has become impossible, they must inform the buyer of this situation within a maximum of 3 days from the date of receipt of the goods.
9.4. In the case of the return of goods and services purchased with a card, the seller cannot make a cash payment to the buyer due to the contract made with the bank. The member workplace, i.e., the seller, will process the return through the relevant software, and since the member workplace, i.e., the seller, is obliged to pay the relevant amount to the bank in cash or by offset, cash payments to the buyer cannot be made as detailed in the above procedures. Refunds to the credit card will be made by the bank according to the above procedures after the buyer has paid the amount to the bank in one installment.
9.5. In commercial transactions outside the scope of Law No. 6502, the provisions of the Turkish Commercial Code regarding defects, hidden defects, or returns shall apply.
Article 10 - Warranty
www.rugatchib2b.com will assist the buyer in initiating the warranty process within a specified period determined by the manufacturer, only for products that have transferable manufacturer warranties obtained from the manufacturers. In this case, the buyer must deliver the defective/deficient product they wish to return to the seller. If it is understood that a counterfeit, imitation, or non-original product is intended to be returned instead of the original, the seller is free to take the necessary actions required by applicable laws. All responsibility in this case lies with the buyer. For products supplied by www.rugatchib2b.com that are not from manufacturers, there is no concrete and positive warranty application. In this situation, the warranty is entirely at the seller's discretion. www.rugatchib2b.com shall not be liable for any claims arising under these conditions.
The seller's warranty responsibility is only applicable to consumers covered by Law No. 6502.
For commercial transactions, the provisions of the Turkish Commercial Code shall apply.
Article 11 - Confidentiality
The information provided by the buyer as specified in this agreement and the information shared with the seller for payment purposes will not be shared with third parties by the seller.
The seller may disclose this information only within the framework of administrative/legal obligations. In the context of any judicial investigation documented with investigative authority, if the seller possesses the requested information, it may be provided to the relevant authority. Credit card information is not stored under any circumstances. Credit card information is used only during the collection process, securely transmitted to the relevant banks to obtain authorization, and is deleted from the system after authorization. Information such as the buyer's email address, mailing address, and phone number will only be used by the seller for standard product delivery and information procedures. Occasionally, campaign information, new product information, and promotional details may be sent to the buyer after their consent. In cases where the security of the site or the terms of use are violated by the user in a manner that constitutes a crime, identifying information that may aid law enforcement will be shared with security forces.
Article 12 - Website Security
www.rugatchib2b.com uses one of the most advanced encryption systems, RapidSSL TLS version 1.0. This is a cryptographic protocol that provides secure communication over a computer network. In order to actively use this protocol on your computer, you need a secure browser that supports the protocol. If you log into the site using a secure browser, you will transmit your information to us in the most secure way. However, it should also be noted that no data can be guaranteed to be 100% secure on the internet. The risk related to your personal information lies with you at this point.
Article 13 - Access to the Site, Protection of Account Information
To shop on www.rugatchib2b.com, the buyer must create a username and password. This username and password are determined solely by the person making the purchase and are unique to that individual.
The username and password must be correct and complete. Together, they will be referred to as the buyer's identity, and the security and confidentiality of this identity are entirely the buyer's responsibility. The buyer will be fully responsible for any activities conducted by different persons or institutions within the site using their identity information. Therefore, if the buyer becomes aware that anyone other than themselves has accessed the site using their identity, they must report this situation by sending an email to [email protected]. www.rugatchib2b.com reserves the right to monitor identity information and to request changes or deletion at its discretion. The buyer acknowledges that no data on the internet can be guaranteed to be 100% secure. Even though www.rugatchib2b.com uses the most advanced security systems, the buyer understands and accepts that there are risks of misuse by malicious third parties, and that ÖZNURAY TEKSTİL SAN.TİC.LTD.ŞTİ has no liability in this regard.
Article 14 - Authorized Courts and Enforcement Offices in Case of Dispute
In the event of a dispute arising from the implementation of this contract, the Consumer Arbitration Committees and the Consumer Courts located in the residence of the Buyer or Seller are authorized, up to the amount announced by the Ministry of Industry and Trade each December. For commercial transactions not covered by the Law on the Protection of Consumers No. 6502, the courts and enforcement offices in Istanbul will have jurisdiction and authority.
In the event of the order being completed, the Buyer is deemed to have accepted all the terms and conditions of this contract. …/…/…
Seller
Buyer
ÖZNURAY TEKSTİL SAN.TİC.LTD.ŞTİ