BATUITI TERMS AND CONDITIONS

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEB SITE
Subject to these Terms of Use, BATUITI (shall be referred to as “BATUITI”, “Us” and “Ours” hereinafter) provides you access to our web sites including but not limited to http://batuiti.com/ (shall be referred to as the “Web Site” individually and “Web Sites” collectively hereinafter).
BATUITI reserves the right to take any action deemed necessary upon becoming suspicious of any fraud or illegal operation, including but not limited to preventing access to the Web Site, closing any BATUITI Account and/or canceling the order for any product.
1. Acceptance of Terms of Use
YOU ACCEPT THESE TERMS WITHOUT ANY LIMITATIONS BY ACCESSING, USING AND/OR PURCHASING PRODUCTS FROM THIS WEB SITE. IF YOU DECLINE TO ACCEPT THESE TERMS, PLEASE LEAVE THE WEB SITE, AND DO NOT ATTEMP TO ACCESS OR USE IT AND DO NOT MAKE PURCHASES FROM THIS WEB SITE.
These Terms of Use are available via a link provided at the bottom of each page on this site. We hereby reserve the right to change these Terms of Use at any time and from time to time. Please check these Terms of Use prior to using the Web Site to determine whether any changes were made. Your continued access to or use of the web site confirm your unconditional and full acceptance of the Terms of Use applicable to the time period concerned. If you decline to accept the Terms of Use in their changed form you will be required to leave the Web Site and not to attempt using it.
At various times, BATUITI could add supplementary terms to these Terms of Use based on specific content or events (“Supplementary Terms”) and these supplementary terms could be displayed and defined in connection with these specific content or events at the Web Site. By means of this document, you acknowledge and accept that the subject matter Supplementary Terms are included in the Terms of Use by reference.
2. Use of the Web Site
You can browse through and use the web site subject to these Terms of Use and for only personal and non-commercial purposes. You cannot distribute, change, transmit, publish, reuse or re-transmit the Web Site or the content made available for access via the Web Site, or (i) you cannot use the web site for public or commercial purposes without prior and explicit written permission of BATUITI; or (ii) in a manner that is inconsistent with these Terms of Use; or (iii) in violation of any applicable law, rule, legislation or instruction; or (iv) in a manner that would cause damage to, disablement, overload, or breakdown of the Web Site or in a way to intervene with the use of the Web Site by others, or to misrepresent our brand or cause damage to our brand.
You will not use the Web Site for bulk communication of any kind to a person, who is not specifically authorized to be included in junk mail, “spam” requests (commercial or non-commercial) or any such kind of list including but not limited to the distribution lists.

You will not distribute, send or make available for access any computer virus, key logger, spyware, worm, Trojan Horse, time bomb or another harmful program (collectively “Viruses”) in any manner by means of the Web Site. You have no obligation to determine the existence of this type of viruses. You may not use the Web Site in connection with requesting, collecting, acquiring or recording any personal information, password, account information or information on other users of the Web Site. You may not use any data mining, robots, or similar data gathering and sorting tools in connection with the Web Site. If you download a software or any other content from the Web Site you will be doing so at your own risk.
3. Copyright and Trademarks
Web Site and any text, sound, video, picture, photograph, music, image, graphic, information, data content and other materials that could be displayed or downloaded from the Web Site are under the ownership of BATUITI and as such protected under copyright, trademark laws as well as other legislation and cannot be used for purposes beyond what is allowed in these Terms of Use or based on a written permission of the owner of the subject matter material granted beforehand. You cannot alter, reproduce, display to the public, realize, or distribute the content or use the same for any other public or commercial purpose. Any unauthorized use of any Content may violate copyright laws, trademark laws, laws of privacy and publicity, or other laws, rules and regulations. You cannot remove any warnings regarding copyrights, trademarks or other ownership rights from the Web Site or any content available on the Web Site. All rights pertaining to the content that are not explicitly granted in this document belong to and are reserved by the owners of the subject matter content.
Specific trademarks, trade names, service marks, logos, icons and domain names that are used or displayed at the Web Site are the registered and unregistered trademarks, trade names and service marks that belong to BATUITI and/or its subsidiaries. Other trademarks, trade names, service marks that are used or displayed at the Web Site are the registered and unregistered trademarks, trade names and service marks of respective owners and used by BATUITI subject to permission. None of the material available at this web site grants, indirectly as inferred from actions or in a different manner, any license or right without the prior written permission of BATUITI or the respective third party owner on any trademark, trade name, service mark or logo that is displayed at the Web Site and it should not be interpreted as such.
4. User Communications
You will be solely responsible for any communication, message or other content (shall be collectively referred to as the “User Communication” hereinafter) that you publish, download, send, transmit or share with BATUITI at the Web Site or via electronic mail including but not limited to any and all kinds of data, question, interpretation, idea, concept, know-how, technical suggestion or similar. By transmitting or publishing any user communication you hereby declare and undertake that any such user Communication is of your creation and it does not and will not in any way violate any copyright, trademark, trade secret, privacy right, promotion right or any other law. BATUITI does not support or sponsor any such user communication that is sent by you or any other user of the Web Site. We reserve the right to terminate and/or prevent your access to the Web Site upon determining based on our sole discretion that you have violated these Terms of Use or the applicable laws, rules or legislation or that your attitude has proven to be damaging to our interests or the interests of another user, third party supplier, merchant, sponsor, licensor, service provider or any other third party
Subject to the terms and conditions set out in our Privacy Policy (Privacy Policy), any and all user communication shall be considered to be non-confidential and anonymous information. Accordingly, please do not publish, upload, send or share any user communication that you would like to keep private, or expect some material compensation for, approval of or mention of your name in regards to. With this document you grant a license to BATUITI and our subsidiaries and/or persons we have appointed that is permanent, fully paid, royalty-free, irrevocable and globally valid with regards to User Communications for display and to be prepared for use in the public domain, communicating, copying, reproducing, and distributing that is realized in a manner open to the general public of derived studies based on the User Communications in question in any and all media that is presently known and will be known in the future for all commercial and non-commercial purposes without any financial returns, approvals or the need for your name to appear. You hereby declare and guarantee to have the right to transmit and publish the user communication to/at the Web Site and that moreover, you are in possession of all the related licenses and approvals from all related third parties. Additionally, BATUITI and its subsidiaries are free to use any idea, concept, know-how or technique that each user communication you send to the Web Site includes, to serve any purpose, including but not limited to the development, production and marketing of products.
You are prohibited from publishing, uploading, sending, sharing or transmitting of any and all kinds of illegal, threatening, violating, slandering, defamatory, obscene, provocative, pornographic or disrespectful material, or material that constitutes a crime, or could give rise to legal liability or constitute or encourage an act that would violate the laws in other ways. BATUITI shall fully cooperate with any security forces authority or administrative authority or court decree requesting the disclosure of the identity of the person who publishes this type of information and materials.
Although we have no obligation to do so, we can keep track of or inspect any user communication. We are not obliged to use, respond to, examine or reply to any user communication. We function as an intermediary solely for the distribution of user communications and bear no responsibility that would or would not materialize on the basis of copyright, defamation, privacy, obscenity laws or other laws, regarding the contents of a user communication. You agree to inform BATUITI of any and all objectionable User Communication. Solely subject to our own discretion, we reserve our right to remove any user communication from the Web Site.
5. Personal Information/Privacy Policy
We value your privacy and are committed to safeguarding your personal information. Please see our Privacy Policy regarding the specifics on the kind of information we collect at this Web Site, and the ways we use and share this information (a link to the Privacy Policy is available on the bottom of each page at the Web Site).
6. Termination/Suspension
We can at any time suspend or terminate your use of the web site due to whatsoever or no reason. We hereby reserve the right to change, suspend or terminate any property of the web site without prior notice. Additionally, subject to our sole discretion, we can cancel an order submitted via the Web Site at any time.

7. Product Purchases; Returns
7. Terms of Sale
By placing an order, you propose to buy a product and accept to be subject to the following terms and conditions. All orders are subject to the availability of the product ordered and the conformation of the order price.
The shipment times could change based on availability and any guarantee or declaration pertaining to delivery times excludes any responsibility due to delays in the post or arising from reasons of force majeure.
To be able to contact us you have to be older than 18 years of age and in possession of a credit card or bank card that has been issued by a bank that is acceptable by us. We hereby reserve the right to decline any request made by you. If your order is accepted we will inform you via e-mail. By placing an order with us you acknowledge and undertake that the information you provide us is accurate and true, you are an authorized user of the credit card or the bank card used to place the order and that you have the sufficient credit to cover the cost of the goods. All advertised prices are subject to this type of changes.

7. Our Contract
When you place an order by confirming that you read and understood the Preliminary Information Form and Arm’s Length Sale Contract, you will receive an e-mail confirmation of your order. This e-mail will only be the confirmation of receiving your order and shall not mean its acceptance. Until your payment is confirmed by us and your credit or bank card is debited there shall be no contract between us pertaining to the sale of goods.
7.3 Pricing and Availability
In spite of all our efforts to ensure that all specifications, explanations and prices on the web site are correct, there could still be some errors from time to time. In case we become aware of an error in the price of the product you place an order for, we will immediately inform you of the circumstances and offer you the option of cancelling or confirming your offer at the correct price. If we are not able to establish contact with you, we will process your order as cancelled. If an order that has already been paid is cancelled, your entire payment will be refunded. The prices cover everything except delivery as explained below. Delivery expenses shall be separately charged. This type of additional expenses are explicitly stated and included in the “Total Cost”.
Service can contain printing errors or other errors and mistakes and may not be fully up to date. For this reason, we hereby reserve the right to correct any error, mistake or overlooked point and change or update any information without prior notice. We hereby reserve the right to decline processing any order that you might place based on services that might include errors and inaccuracies including but not limited to any errors in or outdated information pertaining to the pricing, shipment, payment terms and return policies.

7.4 Payment
Following the receipt of your order, we run a standard pre-approval check on the card you use for payment to make sure that you have sufficient credit for the transaction. The products ordered will not be dispatched until the subject matter pre-approval check is performed. After your order is accepted, the card you use for the transaction will be debited.
We accept the following methods of payment:
Credit Card, Bank Card, Remittance, and EFT
You will be required to pay for all associated fees and prices over the internet by using one of the payment options provided above.
7.5 Discount Codes
Promotional discount codes – at any time we can offer you promotional discount codes that would be applicable to any or a specific purchase that you may realize via this web site.
Conditions pertaining to such discount codes shall be indicated upon offer of the discount.
7. 6 Delivery
The products purchased via the web site shall be delivered via a courier firm under agreement with BATUITI. Accordingly, the risk of loss and ownership of the purchased products shall pass onto you upon delivery of the same to your address.
7.7 Explanations
We endeavor to provide accurate explanations for the products. However, there could be mistakes. If a product purchased from the Web Site does not conform to the product explanation provided at the site, the sole option available to you would be to return the unused product in due time.
7. 8 Cancellations and Returns
You can cancel an order until it is shipped by calling the Customer Services at 02123176700. If the payment has already been made, the original payment including the delivery charges shall be refunded to you in full.
We wish you to be satisfied with the purchase you made from us. If you are not satisfied with any of your purchases from the Web Site, you can exercise your right to withdraw your purchase order and return the product without any excuse in due time. Regarding the terms and conditions applicable to the exercise of the right to change your mind, please see the Preliminary Information Form and Arm’s Length Sale Contract. Returns are accepted only for sales made through this Web Site. Any purchases made from another BATUITI sales point must be returned to the original place of purchase.
For return an unused and unworn product it would be sufficient for you to send the product to us at the following address within 14 (fourteen) days as of receiving delivery of the same, together with the original invoice of sale (if the invoice is issued in the name of an entity then it must be sent back together with a return invoice. unless the return is accompanied by a return invoice, order returns for which the invoice is in the name of an entity, would not be processed) and the return form that is appropriately filled in and signed:
Ahsen Teknoloji San. Tic. Ltd. Sti.
Meltem Mah. Falez Akdeniz Sitesi A blok 8/33
Muratpasa / Antalya / Turkey
Based on the instructions regarding returns provided on Return Approval Form, the charges paid shall be refunded to the payment instrument used in purchasing the product. If the product returned is determined to be used, damaged or worn, we will send the product back to you as soon as possible. We do not undertake any responsibility regarding returned products until they reach our Returns Department. Alternative returns policies may apply to particular products and product lines.
If you have any questions about our returns process, please contact customer services.
8. Provision of a Link
This Web Site may include links to other web sites (each a “Third Party Site”) that are not owned, operated or controlled by BATUITI or its subsidiaries. This type of links to Third Party Sites are provided for the sole purpose of your convenience. We decline any responsibility regarding your access or use of any Third Party Site. We do not support, guarantee or make a representation as to any Third Party Site, and the information you can access through a Third Party Site or the results you can obtain by using a Third Party Site. Any associated responsibility in case you access a Third Party Site through a link provided at the Web Site or access a Third Party Site with a link to the Web Site, shall be borne by you.
If you wish to establish a link from another web site to a page on this Web Site, you will be required to notify us via e-mail by using the following address: satis@batuiti.com . We hereby reserve the right to prohibit any link at any time. All the links allowed at the Web Site must be in compliance with all the applicable laws, rules, regulations, instructions and BATUITI policies in effect. It is prohibited to display or operate the Web Site or any Content of the Web Site at another web site via frameworks or similar methods without our prior written permission.
9. Product Warranty
As per the Law number 6502 on the Protection of Consumers, BATUITI is obliged to deliver the products to the consumer in compliance with the sale contract. If the delivered products are determined to be defective as per the subject matter law; the consumer will be entitled to (i) renege on the contract by notifying BATUITI of his/her intention of returning the product sold, (ii) keep the sold product but request a discount in the price commensurate with the defect, (iii) request free of charge repair of the product with all associated expenses borne by the seller, provided that the such expenses do not amount to an excessive sum, or (iv) if available, request the exchange of product sold with a non-defective one. Without any prejudice to your rights as provided in the subject matter Law;

9.1 You hereby accept that this Web Site is provided “as is” and any warranty is not given or representation is not made as to the fitness of the Web Site or any product for a specific purpose.
9.2 We do not accept any legal or otherwise implicit term and warranty pertaining to this Web Site or the subject of this agreement.
10. Limitation of Liability
BATUITI SHALL UNDER NO CONDITION BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT LOSSES AND DAMAGES (AND DAMAGES DUE TO LOSS OF PROFIT, INTERRUPTION OF BUSINESS AND LOSS OF DATA) INCLUDING WITHOUT ANY LIMITATION ANY FORESEEABLE OR OTHERWISE CONSEQUENTIAL, INCIDENTAL OR PENAL DAMAGES AND LOSSES, DUE TO YOUR ACCESS TO THE WEB SITE OR ITS CONTENTS OR YOUR INABILITY TO ACCESS THE WEB SITE OR DUE TO ANY MESSAGE YOU MIGHT RECEIVE OR ANY TRANSACTION YOU MIGHT REALIZE VIA THE WEB SITE OR THE MESSAGES YOU SENT OR UNAUTHORIZED ACCESS OR ALTERATIONS TO YOUR DATA.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS DOCUMENT, OUR SOLE LIABILITY AGAINST YOU DUE TO WHATSOEVER REASON AND YOUR SOLE REMEDY IN CASE OF A LEGAL ACTION OR CLAIM OF A RIGHT SHALL BE LIMITED TO THE DEGREE ALLOWED UNDER THE APPLICABLE LAWS EXCEPT IN CIRCUMSTANCES FOR WHICH AN EXPLICIT PROVISION IS MADE AT THIS WEB SITE. THERE IS NO OTHER WARRANTY EXTENDED AS TO ANY USE OF BATUITI’S WEB SITE OR ANY TRANSACTION CONDUCTED VIA THE WEB SITE.
11. Indemnity
Unless and until prohibited under the applicable laws, you hereby accept to indemnify and hold BATUITI and its affiliates, subsidiaries, officers, directors and employees harmless against any loss, expense, damage and cost including any reasonable attorney fees, arising from or in connection with your use of this Web Site OR ANY OF ITS CONTENTS, your violation of the terms of use or violation of any intellectual property rights or any other right of an entity or legal entity by any other user utilizing your account. IF YOU ARE REQUIRED TO INDEMNIFY US WITHIN THE SCOPE OF THIS CURRENT ARTICLE, WE MAY CHOOSE TO CONTROL, UNDER OUR SOLE DISCRETION, THE DEFENSE OR DISPOSITION OF SUCH CLAIM OF RIGHT, PROVIDED THAT ALL EXPENSES ARE BORNE BY YOU. WITHOUT IMPOSING ANY RESTRICTIONS ON THE FOREGOING, YOU CANNOT RESOLVE, SETTLE OR OTHERWISE ELIMINATE ANY THIRD PARTY CLAIMS WITHOT OUR APPROVAL.
12. Applicable Law and Recourse to Legal Means
We procure the products offered on the Web Site from our stores in Turkey. We do not make any representations as to whether the Web Site Content would be appropriate, legal or accessible for use outside the borders of Turkey. These Terms of Use shall be governed by and interpreted according to the laws of the Republic of Turkey without any regard to the conflict of laws. A printed version of these Terms of Use shall be usable in legal and administrative action based on and related to these Terms of Use to the same degree and subject to the same conditions as the other business documents and records that are originally created and maintained in printed format.

Any claim or dispute arising from or related to these Terms of Use or Web Site use shall be resolved by the Courts and execution offices of Istanbul (Caglayan). Any claim or dispute arising from or related to your purchase of any product from the Web Site shall on the other hand be resolved by the Consumer Arbitration Panels and Consumer Courts available at the place of residence of the respective consumer or the venue of the transaction within the monetary limits set by the Ministry of Customs and Trade of TR.
Notwithstanding any other provision in these Terms of Use, BATUITI could file lawsuits in order to prevent the violation or exploitation of intellectual property rights or confidential information.
13. Measures Against Violation of these Terms of Use by You
Without any prejudice to any other right or remedy, BATUITI reserves the right to do the following upon determination by BATUITI under its sole discretion that you have violated any part of these Terms of Use or again under sole discretion of BATUITI it is deemed that you have displayed inappropriate or unacceptable behavior; (i) to warn you of your violation of these Terms of Use via e-mail; (ii) remove any content provided by you or your representative/representatives to the Web Site from the Web Site; (iii) terminate your access to the Web Site; (iv) inform and/or send content to and/or cooperate fully with the security forces to ensure what is necessary is done; (v) to perform any other action deemed appropriate by BATUITI.
If your access to and/or your use of the Web Site or any other service provided to you by BATUITI is terminated as per this document, you hereby accept not to attempt accessing or registering to the Web Site and any other service provided by BATUITI by using the name of a different member.
14. Copyright Complaints
We respect intellectual property rights of others and expect the users of the Web Site to do the same. If you believe your work to be copied or that it is accessible at the Web Site in a manner causing breach of a copyright, please notify BATUITI by using the following contact information:
Ahsen Teknoloji San. Tic. Ltd. Sti.
Meltem Mah. Falez Akdeniz Sitesi A blok 8/33
Muratpasa / Antalya / Turkey
or via e-mail: sales@batuiti.com
All claims regarding the violation of copyrights must be in writing and contain the following information; (i) electronic or original signature of the person acting on behalf of the copyright owner; (ii) URL (i.e. web page address) of the work subject to the copyright or an explanation of the copyrighted work including a copy of the same; (iii) URL or other specific location of the material claimed to be in violation of the respective copyright; (iv) your address, telephone number and e-mail address; (v) a declaration to the best of your knowledge that the use in violation and the user or his/her representative has not been authorized under the law; (vi) subject to the penalty for perjury, a declaration made by you that the foregoing information is true to the best of your knowledge and that you are the owner of the copyright or you are authorized to act on behalf of the copyright owner.
15. Children
As per the applicable law, the access to and use of the Web Site is only available to people of legal age and can legally enter binding agreements. Web Site aims to be a tool addressing the general population and as such it is not intended for it to be used by underage children. Children accessing the Web Site should obtain the permission and assistance of a parent or legal guardian. If you give permission to an underage child (“Underage Child”) to access the Web Site as his/her parent or legal guardian, you will be solely responsible for (i) online behavior of the said underage child; (ii) tracking the access to and use of the Web Site by the subject matter Underage Child; (iii) the results of any use of the Web Site by the underage child.
16. Other
If any provision of these Terms of Use is against any applicable law, rule, legislation or order or any provision is deemed to be invalid by a court of jurisdiction, then the subject matter provision shall be restated to reflect the goodwill of the parties, in a manner quite close to the intentions of the parties and the remaining provisions of these Terms of Use shall continue to be valid and in effect. Failure on the part of BATUITI to fully implement a provision of the Terms of Use or use a right as per the Terms of Use shall not be interpreted as the waiver by BATUITI of its right to implement or use the subject matter provision and the subject matter rights of BATUITI as well as the provision shall remain in effect.
You hereby declare to BATUITI that you have the authority to access and use this Web Site in accordance with these Terms of Use. These Terms of Use and Supplementary Terms (the subject matter terms shall be seen upon being published at the Web Site) constitute the agreement reached between the parties in regards to the subject herein and as such replaces all and any agreements and understandings. You consent to receive communications from us electronically. We can contact you via e-mail or by publishing information at this site. You hereby accept that the information, disclosure, alteration or other communication provided to you electronically, is in compliance with all legal and other requirements and that the subject matter communication shall be in writing.

17. Contact
Please contact us by using the following information for any comments and questions you may have.
Ahsen Teknoloji San. Tic. Ltd. Sti.
Meltem Mah. Falez Akdeniz Sitesi A blok 8/33
Muratpasa / Antalya / Turkey
E-mail: sales@batuiti.com