Terms & Conditions
1. GENERAL
These general sales terms and conditions apply to all quotations and deliveries from Volatis Group Dis Ticaret LTD. STI. (hereinafter referred to as "Volatis Group"), unless otherwise agreed upon in advance in writing by Volatis Group. These sales conditions supersede all other documents concerning the goods, including Buyer’s purchasing conditions, if any.
2. DELIVERY
The size of the delivery is fixed by the order confirmation sent by Volatis Group to Buyer. Additionally required items will have to be agreed upon in writing by both Volatis Group and Buyer. If the delivery contains services, additional work will be charged if necessary, without prior notice to Buyer.
3. PRICES
The prices are excluding VAT, other taxes, duties and any customs related costs. Buyer is responsible for the costs of transport, insurance, customs and other duties, outlined in the applicable delivery terms (INCOTERMS 2010). Special packing costs, such as costs for pallets, wooden crates, metal casings, airfreight packing or sea freight packing will be additionally charged. For orders with a net value under € 250,00, Volatis Group will charge a handling fee of € 25,00, unless otherwise agreed upon in writing.
4. PAYMENT
Payment terms shall be net cash in advance by way of bank transfer, unless other terms are agreed upon in writing. Volatis Group does not accept payments by way of credit card or check, unless agreed upon in writing. In case of late payment, the Buyer shall pay an interest of 0,1% per day of the due amount from the date the payment is due. The Buyer shall cover all debt recovery expenses. When Buyer needs to pay interest and debt costs, all following payments received will cover these interest costs and debt recovery costs first. The remaining payment amount will be deducted from the oldest open invoice, even if the payment indicates another invoice number.
5. VALIDITY
Quotations sent by Volatis Group have a standard validity time of 10 days from date of issue. The validity of the quotation may be changed by Volatis Group in
case of currency depreciation. Agreement of delivery is not legally binding unless Volatis Group has issued an order confirmation to Buyer. Volatis Group reserves the right to cancel the order in case the goods are obsolete or unavailable at time of order.
6. DELIVERY TIME
Delivery time will be indicated by Volatis Group in the order confirmation. Deliveries that require information from Buyer may be delivered later than confirmed if the required information from Buyer is not sent in time to Volatis Group. Late deliveries do not affect the payment requirements, nor will a late delivery give right to Buyer to cancel or alter the order.
7. DELIVERY TERMS
All deliveries are made according to INCOTERMS 2010. Unless otherwise agreed, the goods are delivered EXW (INCOTERMS 2010), exclusive packing. Other delivery terms must be agreed upon in advance in writing. The goods are delivered and marked in accordance with Volatis Group standard practice, unless specific packaging, marking or transportation is agreed upon in advance in writing.
8. PROPERTY RESERVATION
Ownership of the goods shall pass from Volatis Group to Buyer when Buyer has made full payment for the goods. The goods shall be stored in such way that there will be no doubt concerning the retention of title. The goods shall not be subject to other preferential rights. The goods shall not be sold to third parties by Buyer until the Buyer is the legal owner of the goods.
9. RESPONSIBILITY AND RISK
Responsibility and risk related to the goods and transportation are transferred to the Buyer in accordance with the INCOTERMS 2010 regulations that apply to the order or sales contract.
10. RETURN OF GOODS AND ORDER CANCELLATION
Goods shall not be returned without prior notice and written approval for return from Volatis Group. Return shipments are at the entire risk and cost of
the Buyer. Volatis Group can only accept any return shipments of goods within 3 months after date of shipment. In case of standard stock items, unopened and unused, Volatis Group will credit up to 70% of the goods value. Volatis Group will only credit the agreed percentage of returned goods value. Other costs, such as freight costs, handling fees and packing costs will not be credited. If any pressing circumstances make it necessary for the Buyer to cancel the order and Volatis Group approves this in writing, Volatis Group will charge a cancellation fee in accordance with the order situation at that time. Goods that are specially made or altered for Buyer cannot be returned or cancelled.
11. COMMISSIONING AND SERVICE
Any commissioning, service or installation of products shall be done in accordance with manufacturer's guidelines and/or instructions. Volatis Group will not be responsible for any damages caused by incorrect installation/commissioning, nor for any consequential damages. If any special documents or certificates are required by Buyer, Volatis Group will charge all costs involved in providing such documents or certificates.
12. FORCE MAJEURE
If any unexpected and unavoidable incidents prevent Volatis Group from fulfilling its obligations under these conditions, Volatis Group will immediately inform Buyer and the reasons causing this situation. Volatis Group cannot be held liable for defaulted, incomplete, delayed and/or incomplete deliveries caused by Force Majeure situations, which are defined as situations outside the control of the contracting parties and limiting the ability of the delivery, including but not limited to act of war, terrorism, strike, lockout, natural disasters, illness, embargo regulations, economic conflicts and lack of transportation possibilities.
13. DISPUTES AND APPLICABLE LAW
These general sales terms and conditions and any related sales contracts and orders are governed by the Turkish Commercial Law. Attempts should be made to settle disputes by negotiation between the contracting parties. If the negotiations do not succeed, the case is to be settled by ordinary courts, unless the parties agree to bring the case to arbitration. All legal disputes shall be taken to the court in Turkey. The relevance of the Viennese buy treaty is excluded.
14. MISCELLANEOUS
If one or more provisions in these general terms and conditions should prove to be invalid or not binding then the remaining provisions between parties remain undiminished effective. Volatis Group is authorized to replace the concerning invalid or unbinding provision by a legal clause which matches best with the scope of the invalid or unbinding provision.