1.PARTIES AND PRODUCTS
SELLER (hereinafter referred to as "ACE NAYMAN"
Company Name : NAYMAN İNŞAAT TEKSTİL SAN.ve TİC. A.Ş.
Central Registration System No : 9328736218896956
Address : Ağaoğlu My Office Barbaros Mah. Çiğdem Sok. No: 1 Kat: 9 Batı Ataşehir/Istanbul/Turkey
Telefon : +90 216 688 42 55
E-mail : [email protected]
Payment Charge and Type:
Shipping:
Billing:
Order Date / Time:
2.INTRODUCTION
This Contract (together with the all documents referred to herein) sets out the terms and conditions (hereinafter the "Terms") governing the use of this website (https://www.acenayman.com) and the purchase of products through this website. Please read through the Terms, Cookies Policy and Privacy Policy (collectively, the "Data Privacy Policy") and the Personal Data Protection Law (altogether, "the Personal Data Protection (PPD) Policy"). By using this website or placing an order through it, you as the Customer explicitly consent to be bound by these Terms, Data Privacy Policy and PDP Policy.
3. YOUR DETAILS AND YOUR VISITS TO THIS WEB
You as the Customer are required to share your personal information to purchase a product from here. The information or personal details you provide to ACE NAYMAN shall be processed pursuant to the Data Privacy Policy. By using this website, you confirm that all information you provide to ACE NAYMAN is true and correct and you allow ACE NAYMAN to process your personal information
In case the Customer explicitly shows his/her interest, ACE NAYMAN may inform the Customer of new collections, catalogues, campaigns and special offers via mail, e-mail and/or SMS.
4.USE OF OUR WEBSITE
By using the website or placing an order through it, you agree and acknowledge:
• To use the website exclusively to make legitimate enquiries or orders.
• Not to make any speculative, false or fraudulent order. If ACE NAYMAN is reasonably of the opinion that such an order has been made, it will be entitled to cancel the order and report it to the relevant authorities;
• To provide correct and accurate e-mail, postal and/or other contact details to ACE NAYMAN and acknowledge that ACE NAYMAN may use these details to contact you if this should prove necessary.
If you do not give us all information that we need, we may not be able to complete your order. By placing an order through this website, you warrant that you are at least 18 years old and legally capable of entering into binding contracts.
5.SERVICE AVAILABILITY
The items we offer through this website are available for shipping worldwide.
6.HOW THE CONTRACT IS FORMED
To place an order, you should follow the shopping process online and click "Authorise Payment" button to submit the order. After this, you will receive an e-mail from us acknowledging that we have received your order (the "Order Confirmation"). You will later receive a second e-mail confirming that the order has been accepted and being despatched (the "Shipment Confirmation").
7.AVAILABILITY OF PRODUCTS
All orders for products are subject to availability. In the event of supply difficulties or because products are no longer in stock, ACE NAYMAN will reserve the right to give you information about substitute products of an equal or similar quality and value which you can order. If you do not wish to order such substitute products, ACE NAYMAN will refund you any monies that you might have paid.
8.REFUSAL OF ORDER
We as ACE NAYMAN reserve the right to withdraw any Product from this website at any time and/or remove or edit any material or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that it may need to refuse to process an order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion. We will not be liable to the Customer or any other third party by reason of withdrawing any item from this website, whether it has been sold or not, removing or editing any item or content on this website or for refusing to process or accept an order after we have received it or sent you an Order Confirmation.
9.DELIVERY
Subject to availability (see Clause 7 above), ACE NAYMAN will deliver domestic orders within 2 days and international orders within 6 days from the date of Order Confirmation unless there are any exceptional circumstances. No delivery is made on Saturdays, Sundays and public holidays. For the purpose of these Terms, "delivery" or "delivered" shall be deemed to have occurred upon you or a third party nominated by you acquiring physical possession of the products, which will be evidenced by signing for delivery slip at the agreed delivery address.
All deliveries in Turkey are made via Yurtiçi Kargo free of charge and international shipments via DHL with shipping fee payable by the Customer.
If our supply of the products is delayed by any event beyond the control of ACE NAYMAN, then ACE NAYMAN will inform you of this situation as soon as possible and take steps to minimise the effect of the delay. ACE NAYMAN will not be liable for delays caused by the event beyond its control. However, if there is a risk of substantial delay you may contact ACE NAYMAN to terminate the Contract and receive a refund for any products you have paid for but not received (except for the shipping fee payable by the Customer).
10.INABILITY TO DELIVER
If we are unable to deliver your order to you, your product(s) will be returned to our depot and you will be informed about where your parcel is and how you can rearrange the delivery. If you are not at the delivery location at the time agreed, please contact ACE NAYMAN again to rearrange delivery for another mutually convenient day.
If the parcel cannot be delivered at the first attempt due to any reason not attributable to ACE NAYMAN and the Customer fails to contact ACE NAYMAN in the following fifteen (15) days, the Contract will be deemed as terminated due to fault of the Customer. As a result of the termination of the Contract, ACE NAYMAN will return you all payments received from you (except for any shipping fee payable by the Customer as stated herein) within 14 days of the date on which this Contract was terminated.
11.RISK AND TITLE
The Products will be at the risk of ACE NAYMAN until delivery unless you designate a logistic company different from that we designate. The title to the Products will pass to you upon delivery (i.e. transfer of the title) of the product to you or the person at your address.
12.PRICE AND PAYMENT
The price of each item will be as stipulated on our website. While ACE NAYMAN takes care to ensure that all prices on the website are accurate, errors may occur. If we as ACE NAYMAN discover an error in the price of any item you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or of cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the products you will receive a full refund of any payment you have made.
We are under no obligation to provide the product(s) to you at the incorrect (lower) price (even after we have sent you a Delivery Confirmation) if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as incorrect price. For international sales, the prices on the website exclude VAT, taxes and shipping fee, which will be added to the total amount due. Shipping fee of the domestic sales will be assumed by ACE NAYMAN. Prices are liable to change at any time, but other than as set out above, any change will not affect orders for which you have already been sent an Order Confirmation. Therefore, except as provided above, price adjustments on previous orders are not permitted. Once you have selected all the items you wish to purchase, they will be added to your basket and your next step will be to place the order and make payment. To do this, you must follow the steps of the purchase process by completing or verifying the information requested in each step. Furthermore, you can modify the details of your order during the purchase process prior to payment.
Payment can be made using the payment methods detailed on the website via credit cards and debit cards. Once we receive your order, we will request a pre-authorization on your card to ensure there are sufficient funds available to complete the transaction. Your credit card will be charged as soon as your order is confirmed by ACE NAYMAN. By clicking "Authorize Payment" you are confirming that the credit card belongs to you or that you are the legitimate holder of the credit card.
Credit cards are subject to validation checks and authorisation by your card issuer but if your card issuer does not authorise the payment to ACE NAYMAN, we will not be liable for any delay or non-delivery and may not be able to form a Contract with you.
Payment can be made by means of the payment tools on the website and apps via credit card and debit cards. Cards are subject to the validation checks and authorisation described above. Further, you may be offered an option to pay at physical stores, in which case you will be able to make payment through any payment method provided at the stores.
13.INVOICE
Invoice is issued and submitted to the customer at latest along with the products delivered. ACE NAYMAN reserves the right to apply different procedures required by e-invoice/e-archive legislation.
14.VALE ADDED TAX
Pursuant to the current laws and regulations, all purchases made through this website are subject to Value Added Tax (VAT), except for eventual applicable exemptions, which shall be subject to confirmation by the customer.
15.RETURNS POLICY
15.1. Statutory Right of Withdrawal
You have the right to withdraw from your order within fourteen (14) days, without giving any reason or paying any penalty.
In case of domestic sales, you may return the purchased products with Yurtiçi Kargo free of charge. However, if you are an international buyer, you can return your order to us with DHL or a logistic company of your own choice. Shipping fees and other costs of international returns shall be borne by the Customer. The customer shall be responsible for making arrangement with the logistic company. The cancellation period will expire after fourteen (14) days from the day on which you, or a third party nominated by you (other than the carrier), takes physical possession of the products, or in case of multiple products in one order delivered separately, after fourteen (14) days from the day on which you, or a third party nominated by you (other than the carrier), takes physical possession of the last product.
You may exercise your right of withdrawal by notifying ACE NAYMAN of your decision to cancel the Contract with a written notice or via other means provided on the website for communication. You may notify ACE NAYMAN of your decision by sending us an email to [email protected] In order to meet the withdrawal deadline, all you need to do is to send your notice concerning your exercise of the right of withdrawal before the cancellation period expires.
If you have any questions, you may contact ACE NAYMAN by sending an e-mail to [email protected]
Please note that, following delivery of the order, if you exercise your legal or contractual right of withdrawal and you have not preferred the logistic companies offered by ACE NAYMAN (namely, Yurtiçi Kargo and DHL), and instead you have returned the purchased product with a logistic company of your own choice, ACE NAYMAN will not be, instead you will be, responsible for any loss or damage that may occur during the return of the products unless the return is caused by any reason attributable to ACE NAYMAN.
Also, please be informed that you will be responsible for the content of the return package when you use any of the return options offered by ACE NAYMAN.
In the event that there is an error in the content of the return package not attributable to ACE NAYMAN, we will be entitled to return the package to you and charge you for the related costs.
Effects of Withdrawal
If you decide to withdraw, ACE NAYMAN will refund all payments received from you (except for the shipping fee and other delivery costs in case of returning the goods with any logistic company other than Yurtiçi Kargo) by the same means of payment that you used to pay for your order.
You must send back the items to the logistic company designated by ACE NAYMAN without undue delay, but in any event within ten (10) days from the day on which ACE NAYMAN was informed of the withdrawal. You will be considered to meet this deadline if you have handed the items over for shipment before the ten (10)-day period expires.
16.RETURNS
If you want to return any item to ACE NAYMAN, you should contact us by sending an e-mail to [email protected] you should send the product in the same package that you received it. After checking the reason of return and whether the returned item meets the return conditions, ACE NAYMAN will inform you by sending an e-mail about the return procedure. If you have purchased any item as a guest, you may request return by courier by calling us at our toll free customer services line +90 216 688 42 55.
Please note that only returns from Turkey with Yurtiçi Kargo shall be free of charge. You will pay the delivery costs if you return the goods with any logistic company other than Yurtiçi Kargo in domestic orders and with any logistic company in international orders.
After examining the products, ACE NAYMAN will inform you of whether you have the right to refund of the amounts paid. The refund will be possible only if the right of withdrawal has been exercised in due time and the all products included in the parcel have been returned. The refund will be paid within fourteen (14) days from the date on which you notified ACE NAYMAN of your withdrawal. Refunds will be made in the same payment method used for the purchase.
You will be responsible for any risk of returning the items to ACE NAYMAN as described above.
17.INTELLECTUAL PROPERTY
You as the Customer acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website belong to ACE NAYMAN or its licensors at all times. You are only permitted to use this material to the extent expressly authorised by ACE NAYMAN or its licensors.
18.VIRUSES, HACKING AND OTHER CYBERCRIMES
You undertake not to misuse this website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other malware or material which is malicious or technologically harmful.
ACE NAYMAN accepts no liability for any loss or damage resulting from any denial of service attack, virus or any malware or technologically harmful material that may damage your computer, its components, data or any other material resulting from the use of this website or from downloading its material or similar material on another website to which this website redirects.
19.WRITTEN COMMUNICATION
When using our site, you accept that communication with ACE NAYMAN will be mainly electronic. ACE NAYMAN will contact you by e-mail or provide you with information by posting notices on its website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
This condition does not affect your statutory rights.
20.NOTICES
All notices ACE NAYMAN receives from you should be submitted in writing. Without prejudice to Clause 19 and as may be otherwise provided for, ACE NAYMAN may give notice to you either by e-mail or at postal address you provided to ACE NAYMAN when placing your order. The notice will be deemed properly served and received immediately when posted on our website or 24 hours after an e-mail is sent. That the e-mail in question was sent to the specified e-mail address of the addressee will constitute sufficient proof of delivery of any notice.
21.FORCE MAJEURE
ACE NAYMAN will not be liable or responsible for any inability to perform, or delay in the performance of, any of its obligations under a Contract that is caused by events beyond its reasonable control. An event beyond ACE NAYMAN's control includes (without limitation) the following:
1. Strikes, lock-outs or other industrial actions.
2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
4. Inability to use railways, ships, aircraft, motor vehicles or other means of public or private transport.
5. Inability to use public or private telecommunications networks.
6. Acts, decrees, laws, regulations or government restrictions.
7. Any strike, damage or accident of shipping or postal services or other means of transport.
The performance of ACE NAYMAN's obligations is deemed to be suspended for the duration of any Event of Force Majeure, and the time for performing its obligations is extended by a period of time equal to the duration of that period. ACE NAYMAN will make every reasonable effort to bring the Event of Force Majeure to a close or to find a solution which makes it possible to fulfil its obligations under the Contract despite the Event of Force Majeure.
22.WAIVER
If we as ACE NAYMAN fail at any time during the term of a Contract to insist upon strict performance of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver on our part nor a limitation of such rights or remedies and will not relieve you of your obligations herein.
23.SEVERABILITY
If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
24.JURISDICTION
We as ACE NAYMAN have the right to revise and amend these General Terms and Conditions from time to time. When you use this website or place an order through it, you will be subject to these Terms valid at that time.
The use of our website and the Contracts for the purchase of products through such website will be governed by Turkish law. Any dispute arising from, or related to the use of the website or to such Contracts shall be subject to the jurisdiction of the Turkish courts. Istanbul Anatolian Courts and Enforcement Offices shall have jurisdiction over any dispute that may arise out of the contract between ACE NAYMAN and the Client.
25.FEEDBACK
ACE NAYMAN always welcomes your comments and feedback. Please send all feedback and comments to ACE NAYMAN by sending an e-mail to [email protected]
SELLER:
NAYMAN İNŞAAT TEKSTİL SAN.ve TİC. A.Ş.
BUYER:
DATE/HOUR:
IP ADDRESS: