Ores Concept Distance Sales Contract

  1. Parties

This Distance Sales Contract (the “Agreement”) is made and entered into as of 13.08.2024 by and between:

  • Ores Concept, a company duly organized and existing under the laws of Turkey, with its principal place of business at [Postal Address: Sakarya 1. Organize Sanayi Bölgesi 2.Cadde No:12, 54590 Arifiye/Sakarya, TÜRKİYE] (the “Seller”); and
  • Buyer, an individual or company residing at a specific address (the “Buyer”).
  1. Definitions

In this Agreement, the following terms shall have the following meanings:

  • “Goods” means the products or services that the Seller has agreed to sell to the Buyer pursuant to this Agreement.
  • “Order” means the Buyer’s electronic or written request to purchase Goods from the Seller.
  • “Price” means the total price of the Goods, including any applicable shipping and handling charges.
  • “Website” means the Seller’s website located at [Oresconcept.com].
  1. Subject Matter

The Seller agrees to sell, and the Buyer agrees to purchase, the Goods specified in the Order. The Goods shall be delivered to the Buyer’s address specified in the Order.

  1. Price

The Price shall be the price listed on the Website at the time the Order is placed. The prices included VAT will be displayed before the validation of the order (with or without immediate payment). If there is, Buyer is obliged to pay all applicable taxes. Buyers may be charged with indirect taxes (e.g. Sales tax, VAT, or GST) depending on location, and applicable law.

  1. Payment

The Buyer shall pay for the Goods by credit card or other payment method accepted by the Seller. Payment shall be made at the time the Order is placed.

  1. Delivery

If the ordered products are in our stock, the shipment is sent to the courier company within 5 business days. However, if the product(s) is not in stock, it may take a longer time.

Ores Concept will inform the customer by e-mail of the delivery time of the ordered product, including transportation. The indicated delivery periods are always by approximation and subject to change. However, we will do everything reasonably possible to ensure delivery is made in accordance with the stated delivery period.

  1. Risk of Loss

Risk in goods shall pass to you upon delivery. The Buyer is responsible for checking and inspecting the goods and their packaging immediately upon arrival. Also, the Buyer shall note any pieces of evidence that show hints of damage.

The Buyer shall not receive the package or sign any shipment documents (such as proof of delivery (PoD) document) unless s/he is sure they have arrived in perfect condition. If the goods or/and its packaging show any pieces of evidence of damage, the Buyer shall document the type of damage (e.g., defective packaging, footmarks on the package, dented or torn box, etc.) on the delivery papers of the carrier and confirm this by signature and send us a photo of the box and the delivery paper. In case of damaged products in transit, you need to send us an e-mail by attaching photos of the damaged box with delivery papers showing damages through support@toyzler.com within 5 business days of receipt.

If the box is not exactly damaged on the outside, but the goods are revealed to have been damaged after opening (concealed/hidden transport damage), the Buyer must keep the original packing, take photos of the damage, contact the freight inspector, and make them report the damage claim as soon as possible. Please send the damage report and other relevant documents to info@oresconcept.com within 5 business days at the latest.

Note: Do not send back any item before first requesting. Items returned to us without first requesting a return will not be accepted.

  1. Title

Title to the Goods shall pass to the Buyer upon the Buyer’s full payment of the Price.

  1. Returns

The Buyer may return the Goods for any reason within 14 days of the date of delivery. The Buyer must contact the Seller to obtain a return authorization number. The Buyer must return the Goods in their original packaging and in the same condition as they were received. The Buyer shall be responsible for contacting the Seller about the shipment method before sending the goods.

For more information about the return policy, please see Ores Concept Returns, Cancelation and Refund Policy

  1. Refunds

Once the Seller receives the returned Goods, the Seller examines the goods and the refund shall be issued to the Buyer’s original payment method provided that the product meets all requirements

For more information about the refund policy, please see Ores Concept Returns, Cancelation and Refund Policy

  1. Warranties

The Seller warrants that the Goods are free from defects in material and workmanship for a period of 2 years from the date of delivery. If the Buyer discovers a defect in the Goods, the Buyer must contact the Seller to obtain a repair or replacement. The Seller shall repair or replace the defective Goods at no cost to the Buyer.

This guarantee is a limited- warranty and does not include failure or damages due to misuse or damages remaining after purchase, damages caused by not to be suitable user care, accidents or incorrect mounting, poor assembly, failure to observe instructions, inappropriate or careless handling of the product, scratches, tears, UV degradation or using the product outside its intended use, or the natural breakdown of materials over time. Please note that we will consider these when evaluating your warranty claim.

To make a warranty claim or obtain service under this limited warranty, please send us an e-mail  (info@oresconcept.com) including the following information;

  1. Your Name, Address and Telephone Number
  2. Proof of Purchase
  3. Claim Details (which help explain the defect)

Also, these documents would be very helpful for shortening our first assessment process;

  1. A description of the defect
  2. Photo(s) of the entire product
  3. Close-up photo(s) of the defect

We will respond to your query within 14 working days after the first assessment.

In case of doubt or insufficient information, or in case of a repairable product, we would ask you to send the product back to us. Further details will be communicated per case.

  1. Limitations of Liability

IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE CAUSE OF SUCH DAMAGES AND WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SELLER’S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE PRICE OF THE GOODS.

  1. Force Majeure

Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is caused by an event beyond such party’s reasonable control, including but not limited to acts of God, war, terrorism, strikes, riots, fires, floods, and earthquakes.

  1. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

  1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Turkey.

  1. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck from this Agreement and the remaining provisions shall remain in full force and effect.

  1. Waiver

No waiver of any provision of this Agreement shall be effective unless in writing and signed by both parties.