Article 1 – Definitions

The following terms used in this contract shall have the following meanings:

• Seller: The natural or legal person who offers products and/or services remotely to customers. Hereinafter referred to as “Seller“.
• Customer: The natural person who is not acting for commercial or professional purposes and who enters into a distance contract with the seller. Hereinafter referred to as “Customer” or “You“.
• Contract: The distance sales contract covering the entire range of products and/or services, where the delivery and/or purchase obligation is deferred. Hereinafter referred to as “Contract“.
• Day: Calendar day.
• Durable Data Storage Medium: Any tool that enables the customer or seller to record personal information and allows the stored information to be reproduced unchanged when needed in the future. (For example: USB stick, CD, e-mail, hard disk, etc.).
• Return Policy: The customer’s option to return the product within the framework of this Contract and the Seller’s Return Policy.
• Return Period: The period within which the Customer can return the product under the Return Policy.
• Distance Sales Contract: A contract concluded under a system organized by the seller for the remote sale of products and/or services, using one or more distance communication techniques, including the conclusion of the contract itself. Hereinafter also referred to as “Distance Sales Contract” or “Online Sales Agreement“.
• Distance Communication Techniques: Tools that enable a contract to be concluded without the customer and seller being simultaneously in the same place (For example: Internet, telephone, mail, etc.).

Article 2 – Seller Information

• Company Title: ACCESSORYPART OTO AKSESUARLARI SAN VE TİC LTD. ŞTİ.
• Registered and Visiting Address: Demirtaş DumlupınarOSB Mah. Orkide Sk. No:14, OSMANGAZİ / BURSA / TÜRKİYE
• Phone: +90 541 252 34 95
• Working Hours: Monday – Friday 09:00 – 18:00 (GMT +3)
• E-mail Address: [email protected]
• TAX OFFICE: ULUDAĞ
• TAX NUMBER: 0040955640

Card Payment Systems Partner:

• Apline Asia LTD
  
  • Suite C, Level 7, World Trust Tower, 50 Stanley Street, Central Hong Kong
• PayPal
  

Article 3 – Applicability

These general terms and conditions apply to all offers from the Seller and to all Distance Sales Contracts concluded between the Seller and the Customer.

Before the Distance Sales Contract is concluded, the text of these general terms and conditions will be made available to the Customer. If this is not reasonably possible, the Customer acknowledges that before the Distance Sales Contract is concluded, the general terms and conditions are available at the Seller and will be sent to the Customer free of charge as soon as possible upon request.

If the Distance Sales Contract is concluded electronically, contrary to the previous paragraph, the text of these general terms and conditions may be made available to the Customer electronically. In this case, it is made accessible to the Customer in such a way that it can be easily stored by the Customer on a durable data storage medium. If this is not reasonably possible, it will be indicated to the Customer before the Distance Sales Contract is concluded where the general terms and conditions can be consulted electronically and that they will be sent electronically or free of charge at the Customer’s request. The customer may also request additional information for this information from the e-mail address [email protected].   

In addition to these General Terms and Conditions, specific terms and conditions may also apply to certain products or services. In the event of conflicts between these General Terms and Conditions and the specific product/service terms and conditions, the provisions that are most advantageous to the Customer shall apply. The Seller may make suggestions to the Customer in this regard, and the Customer may choose the most appropriate option from the options offered.   

Article 4 – Offer

The content of the offer must clearly indicate whether the validity period of the offer is limited or subject to certain conditions.   

The offer contains a complete and accurate description of the products and/or services offered. The description is sufficiently detailed to enable the Customer to make a proper assessment of the offer. If the Seller uses images, these images are a true representation of the products and/or services offered, or of the product sold. The Seller is not responsible for obvious errors in the offer.

Each offer contains information that makes it clear to the Customer what rights and obligations are attached to accepting the offer. This concerns in particular:

• Whether or not prices include sales tax (sales tax practices vary from state to state in Illinois and the US, so the tax status should be clearly stated).
• If applicable, the delivery costs.
• The type of contract and the procedures to be applied.
• Whether or not the Return Policy applies and the conditions thereof.   
  
   
• The payment methods.
• The method of delivery or performance of the contract.   
  
   
• The deadline for accepting the offer or accepting the price.
• The amount of the remote communication fee if the costs of using remote communication tools are calculated at a rate other than the normal basic rate of the communication tool used.
• Whether the contract will be archived after acceptance and, if so, how the customer can access it.
• The technical ways in which the customer can check the data and, if necessary, correct it.
• The languages in which the contract can be concluded (including Turkish and English).
• The codes of conduct to which the Seller is subject (if any) and the way in which the customer can consult these codes of conduct electronically.
• The minimum duration of the Distance Sales Contract in the case of a continuing performance contract.

Article 5 – Formation of the Contract

Subject to the provisions of Article 4, the Contract is concluded when the Customer accepts the offer and fulfills the conditions stipulated therein. The Customer is deemed to have accepted this Contract by completing the product purchase process and making the payment.

If the Customer has accepted the offer electronically, the Seller will immediately confirm receipt of acceptance of the offer electronically. As long as this confirmation has not been sent, the Customer may cancel the contract. In electronic contracts, the Seller will take appropriate technical and organizational measures to secure the electronic data transfer and will ensure a secure web environment with SSL. If the Customer is able to pay electronically, the Seller will take all appropriate security measures. The electronic order confirmation e-mail sent to the Customer after the payment transaction means confirmation of the Distance Sales Contract approved by the Customer.

The Seller is obliged to provide the following information to the Customer, in writing or in such a way that it can be accessed by the Customer in a durable medium:

• The visiting address of the branch of the supplier organization to which customers can address complaints.   
  
   
• A clear statement of the conditions under which and how the customer can make use of the Return Policy, or clear information about being excluded from the Return Policy.   
  
   
• The customer service and warranty information.
• The information referred to in paragraph 3 of Article 4 of these General Terms and Conditions (if the Seller has already provided this information to the Customer before the Contract was concluded).
• The conditions for terminating the contract.

Article 6 – Return Policy

The Customer has the right to return the products within 30 days without giving any reason. Official holidays are taken into account when calculating the return period, and the period is extended accordingly. This Return Policy is a gesture offered by the Seller and is not a “right of withdrawal” mandated by US federal law.

To exercise your right of return, it is sufficient for you to notify us of your decision to return by means of a clear statement (e.g. by mail, fax, or e-mail). You can send your return notification to the following contact details:

• E-mail: [email protected]
• Address: Demirtaş DumlupınarOSB Mah. Orkide Sk. No:14, OSMANGAZİ / BURSA / TÜRKİYE

Return requests cannot be made via letter, phone, or applications such as WhatsApp. During the return period, the customer is obliged to handle the product and packaging with care. In this context, the customer will only unpack the product or use it to the extent necessary to assess whether he/she wishes to keep the product.

If you wish to exercise your right of return, you must return the delivered product to the seller in its original condition and packaging, together with all accessories, in accordance with the reasonable and clear instructions provided by the seller. The original packaging, labels, instructions for use, and all accessories of the product to be returned must be returned completely. Returns with unpaid shipping fees will not be accepted.

Products must be returned to 1001 Nicholas Blvd Unit N&P, Elk Grove Village, IL 60007 no later than 30 days after you notify us of your decision to return. You must make your return to our company return warehouse located at 1001 Nicholas Blvd Unit N&P, Elk Grove Village, IL 60007. To exercise your right of return and return, you must notify us that you have delivered the product to the carrier. The authorization procedure for returns after 14 days is at AccessoryPart’s discretion. The refund of the product price will be made within 5 working days after confirmation that the returned product is controlled and in good condition.

You are only liable for the diminished value of the goods resulting from the use beyond what is necessary to determine the nature, characteristics, and proper functioning of the goods. Commercial customers (B2B) are excluded from the right of return.

Article 7 – Costs in Case of Return

If the Customer makes use of the Return Policy, the return costs will be borne by the Customer, unless we specify otherwise. If the Customer has made a payment, the Seller will refund the order amount after receipt of the returned product. The refund of the fee is completed within 5 working days following receipt of the returned product by the Seller. The completion of the return process (including product inspection) may take 3-14 working days. If the product returned by the Customer does not meet the return conditions, cargo and/or restocking fees may apply. A deduction of up to 100% may be made according to the costs stated on the shipping invoice. Restocking costs: A deduction of up to 10% of the order amount may be made.

Unless agreed otherwise, we will use the same payment method for reimbursement that you used for the original transaction; In any case, this reimbursement will not incur any costs for you.

Article 8 – Exceptions to the Return Policy

If the Customer does not have a Return Policy, this can only be valid if the Seller has clearly stated this in the offer before the contract is concluded.

The Return Policy is not applicable to contracts:

• For the delivery of goods that are clearly personalized (e.g., custom-made products, personalized products).
• For the delivery of goods that can spoil quickly or have a limited shelf life.
• For the delivery of newspapers, magazines, or periodicals (excluding subscription contracts for such publications).
• For the delivery of goods that are not suitable to be returned for reasons of hygiene or health protection (e.g., underwear, personal care products, etc.).
• For the delivery of goods that are inseparably mixed with other goods due to their nature after delivery.
• For the delivery of sound or video recordings or computer software, of which the Customer has broken the seal after delivery.
• For the supply of goods or services, the price of which is subject to fluctuations in the financial market over which the seller has no control and which may occur within the return period.
• For contracts for the provision of services, after the service has been fully performed, if the performance has begun with the consumer’s prior express consent, and with the acknowledgment that he will lose his right of return once the contract has been fully performed by the trader.
• For contracts relating to urgent repairs or maintenance for which the consumer has specifically requested the trader to visit him in order to carry out repairs or maintenance.   
  
   
• For the provision of services relating to accommodation, transport, catering, and/or leisure services.
• For the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of return.   
  
   

   
• Commercial customers (B2B) are exempt from the Return Policy. The decision-making authority on this matter rests with AccessoryPart.   
  
   

Article 9 – Price   

Within the validity period stated in the offer, the prices of the products and/or services offered will not be increased, except for changes in VAT rates due to financial market fluctuations (situations beyond the Seller’s control). Service offers are also subject to these fluctuations, and it is stated in the offer that some of the prices mentioned are target prices. Price increases within 3 months after the conclusion of the contract are only permitted if they are the result of legislation or regulations. Offers include legal sales tax, excluding applicable Illinois sales tax rates. Sales tax will be calculated at checkout in accordance with Illinois state law.   

Article 10 – Conformity and Warranty

The Seller guarantees that the products and/or services comply with the contract, the specifications stated in the offer, the reasonable requirements concerning soundness and/or usability, and the legal and/or regulatory requirements that are in force from time to time. The Seller also guarantees that the product is suitable for other than normal use if agreed in the contract. Sold products are covered by a 2-year warranty against manufacturing defects. This warranty covers manufacturing-related defects that occur during normal use of the product and does not cover situations such as misuse, accident, neglect, or unauthorized repair.   

A guarantee provided by another seller, manufacturer, or importer does not affect the legal rights and claims of the Customer under the contract. Consumer rights under Illinois state law and US federal law are reserved. The Seller is, to the maximum extent permitted by applicable law, not responsible for any damage caused. Claims for damages beyond this are rejected in advance within legal limits.   

Article 11 – Delivery and Performance

The Seller will take the greatest possible care when receiving and assessing orders for products and when considering applications for the provision of services.

The place of delivery is the address that the Customer has notified to the company or secure delivery points determined by the couriers for some couriers. If the Seller has sent the order by delivery method; the customer undertakes to collect the product from the delivery addresses.

With due observance of what has been stated in paragraph 4 of these conditions in this respect, the company will execute accepted orders expeditiously, but at the latest within 30 days, unless a longer delivery period has been agreed. If the delivery of an order is delayed, or if an order cannot be fulfilled or only partially fulfilled, the customer will be notified of this no later than 30 days after the order has been placed. In that case, the Customer has the right to withdraw from the contract free of charge and is entitled to a refund of any payments made. In this case, AccessoryPart will provide discount codes to the Customer at rates of 5% – 10% – 20% to ensure customer satisfaction. In case of withdrawal in accordance with the previous paragraph, the Seller will refund the amount paid by the Customer no later than 30 days after the withdrawal.

If an ordered product cannot be delivered, the Seller must endeavor to make a new product available. At the latest upon delivery, it must be stated in a clear and comprehensible manner that a new product is being delivered. The Return Policy cannot be excluded for replacement products. The return costs are determined according to the terms of the Return Policy (unless otherwise specified, borne by the Customer). Unless expressly agreed otherwise, the risk of damage to and/or loss of products remains with the Seller until the moment of delivery to the Customer or a pre-designated representative made known to the Seller.   

Article 12 – Continuing Performance Contracts

The Customer may terminate a contract that has been entered into for an indefinite period at any time, with due observance of the applicable termination rules and a notice period of no more than one month.   

A contract that has been entered into for a definite period has a maximum term of 2 years. If it has been stipulated that the Distance Sales Contract will be tacitly extended if the customer remains silent, the contract will be continued as a contract for an indefinite period and the notice period after continuation of the contract will be a maximum of one month.   

Article 13 – Payment

If the Customer is required to make payment to a current account, the amount owed by the customer must be paid within 14 days of the order date, unless agreed otherwise. If the transfer is not made within 14 days, the order will be automatically cancelled. Payment is made immediately after the purchase transaction by credit/debit card or other payment methods indicated on the website such as PAYPAL. In the case of contracts for services, this period commences on the day after the Customer has received the confirmation of the contract. The contract must be mutually approved.   

The Customer is obliged to immediately notify the Seller of any inaccuracies in provided or stated payment details. In case of default by the Customer, the Seller has the right, subject to legal restrictions, to charge reasonable costs that were notified to the Customer in advance.   

Article 14 – Complaints Procedure

The Seller shall have a sufficiently publicized complaints mechanism and shall handle complaints under this complaints mechanism. Customer service contact information is provided in Article 2.

Complaints about the performance of the contract must be submitted to the Seller within a reasonable time after the customer has discovered the defects, with a full and clear description. Complaints submitted to the Seller will be answered within a reasonable time from the date of receipt. If a complaint requires a foreseeable longer processing time, the Seller will reply within a reasonable period with a notice of receipt and an indication of when the customer can expect a more detailed answer.

If the complaint cannot be resolved amicably, a dispute may arise. Seller and Customer will attempt to resolve disputes in good faith through negotiation first.

Article 15 – Dispute Resolution and Governing Law

All disputes arising out of or in connection with these General Terms and Conditions and the Distance Sales Contract shall be governed by the laws of the State of Illinois, and shall be resolved in the competent courts of the State of Illinois. Customer and Seller irrevocably consent to the exclusive jurisdiction of the courts of the State of Illinois.   

Article 16 – Contract Acceptance and Confirmation

By completing the product purchase process and making the payment through AccessoryPart (accessorypart.net), the Customer declares and undertakes that they have read, understood, and unconditionally accepted all terms and conditions of this Sales Contract.   

The electronic order confirmation e-mail sent to the Customer by the Seller after payment is confirmation of the this Contract approved by the Customer electronically and confirmation that the contract has entered into force. The customer can store the order confirmation e-mail via a durable data storage device.