I. GENERAL TERMS AND CONDITIONS
FOR GOODS IMPORTED BY LUXURY TOYS SPORT, HEADQUARTERS REGISTERED IN TURKEY, AND SOLD TO DEALERS/TRADERS IN TURKEY
Last Updated: January 2023
ARTICLE 1 – SCOPE AND PARTIES
These General Terms and Conditions (“GTC”) apply to all contracts between Luxury Toys Sport, headquartered in Turkey (“Seller”), and a trader/craftsman established in Turkey (“Buyer”), regarding the sale of goods imported from Germany by the Seller to the Buyer. The Buyer is not a consumer under the Law No. 6502 on Consumer Protection.
ARTICLE 2 – ENTRY INTO FORCE OF GENERAL TERMS AND CONDITIONS
(VERIFICATION OF EFFECTIVENESS)
These General Terms and Conditions become part of the contract if the Seller has explicitly notified the Buyer of these terms and conditions before the conclusion of the contract (at the offer/proforma invoice stage) and the Buyer has been given the opportunity to learn their contents.
If the Buyer explicitly or implicitly accepts these terms and conditions (e.g., places an order, takes delivery of the goods), these terms and conditions become binding. Whether the terms and conditions are included as an annex to the contract, the type of text, or the form of the text is not important in terms of characterization (Turkish Code of Obligations, Article 20/1).
ARTICLE 3 – SURPRISING PROVISIONS
Provisions that are foreign to the nature of the contract and the specifics of the work, or that are not objectively expected by the Buyer (surprising provisions), shall in no way become part of the contract (Turkish Code of Obligations, Article 21/2). This applies even if the Buyer is aware of or has negotiated these terms.
ARTICLE 4 – PRODUCT PRICE AND PAYMENT
All prices are stated in Euro (€) or Turkish Lira (TL) and include VAT. The Seller reserves the right to change price lists and catalogs without prior notice. The binding price is the price valid on the date of order. Payment is to be made to the bank account specified by the Seller within 7 (seven) days of the invoice date. In case of non-payment on time, the Buyer is liable to pay default interest.
ARTICLE 5 – DELIVERY AND TRANSFER OF RISK
Delivery is made from the Seller’s warehouse in Turkey. The risk of damage passes to the Buyer at the moment the goods are actually delivered to the Buyer or to the carrier specified by the Buyer. The Seller cannot be held responsible for delays caused by the Seller’s supplier in Germany.
ARTICLE 6 – RIGHT OF WITHDRAWAL (NONE)
The Buyer acts as a merchant. The relationship between the parties is purely commercial, and the 14-day right of withdrawal granted to consumers by Law No. 6502 on Consumer Protection does not apply to this contractual relationship. The Seller may grant the Buyer the right of return only with their explicit written consent and under the conditions determined by the Seller (with return costs and risk of damage borne by the Buyer).
ARTICLE 7 – LIABILITY FOR DEFECTS (WARRANTY)
The Buyer is obliged to inspect the goods received and to notify the Seller in writing of any defects within a period consistent with commercial practices. The Seller is not liable for defects not reported. Obvious defects must be reported within 3 business days, and hidden defects within 8 days. The Buyer may primarily request the replacement or repair of the goods. The Seller’s liability is limited to the price of the goods.
ARTICLE 8 – INTERPRETATION (PRINCIPLE OF UNCERTAINTY)
If a provision in this Terms and Conditions is not clear and understandable, or if it has multiple meanings, it shall be interpreted against the Seller and in favor of the Buyer (Turkish Code of Obligations, Article 23).
ARTICLE 9 – CONTENT REVIEW
These Terms and Conditions do not contain provisions that are contrary to the principle of good faith pursuant to Article 25 of the Turkish Code of Obligations and that would worsen the Buyer’s situation. Provisions to the contrary are absolutely null and void.
ARTICLE 10 – CLAUSE REGARDING NEGOTIATION
Even if there is a clause in the contract or its annexes indicating that these provisions were discussed and accepted, this clause alone does not remove the terms and conditions from being general terms and conditions (Turkish Code of Obligations, Article 20/3). The burden of proof that negotiation took place rests with the Seller.
ARTICLE 11 – RESOLUTION OF DISPUTES AND COMPETENT COURT
In any dispute arising from or potentially arising from this contract, the Courts and Enforcement Offices of the Republic of Turkey (courts in the Seller’s location) shall have jurisdiction.
The applicable law is Turkish Law.
