This Online Electronic Device Sale Agreement ("Agreement") is entered into on (the "Effective Date"), by and between ONO Software LLC, a company registered under the laws of Turkey/Ankara, with its principal place of business at Bahcelievler Mahallesi st 320. No:3 ANKARA (hereinafter referred to as "Seller"), and the purchaser, whose details are provided during the online order process (hereinafter referred to as "Buyer").
Background
WHEREAS, Seller is the manufacturer and distributor of electronic devices, including the product known as "SX Sensor & Climate Data Collector" (the "Device").
WHEREAS, Buyer wishes to purchase the Device from Seller through an online transaction on the website sunx.online.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, Seller and Buyer hereby agree as follows:
1. Definitions
1.1 Device: Refers to the "SX Sensor & Climate Data Collector" manufactured and offered for sale by Seller.
2. Purchase and Sale
2.1 Order Placement: Buyer shall place an order for the Device through the Seller's official website sunx.online. By placing an order, Buyer acknowledges and agrees to the terms and conditions set forth in this Agreement.
2.2 Payment: Buyer shall pay the Purchase Price as specified during the order process using the provided payment methods.
2.3 Delivery: Seller shall use its best efforts to deliver the Device to the address specified by Buyer during the order process within the agreed-upon timeframe. Delivery charges, if any, shall be borne by Buyer.
3. Device Warranty
3.1 Limited Warranty: The Device is sold with a three-year limited warranty, the terms of which are provided separately in the warranty documentation accompanying the Device. Buyer is responsible for reviewing and complying with the warranty terms.
4. Return and Refund Policy
4.1 Returns: Buyer may return the Device in accordance with Seller's return policy, as specified on the Seller's website sunx.online or provided separately in writing.
4.2 Refunds: Refunds, if applicable, will be processed in accordance with Seller's refund policy.
5. Intellectual Property
5.1 Ownership: Seller retains all intellectual property rights, including but not limited to patents, trademarks, copyrights, and trade secrets, related to the Device and associated software.
6. Limitation of Liability
6.1 Exclusion: To the extent permitted by applicable law, Seller shall not be liable for any indirect, incidental, consequential, or punitive damages arising from the use or inability to use the Device, even if Seller has been advised of the possibility of such damages.
7. Governing Law
7.1 Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of Turkey, without regard to its conflict of laws principles.
8. Entire Agreement
8.1 Entire Agreement: This Agreement constitutes the entire agreement between Seller and Buyer with respect to the purchase of the Device and supersedes all prior negotiations, understandings, and agreements.
8.2 Shipment:
a. The Seller shall use commercially reasonable efforts to deliver the Device to the Buyer within an estimated shipment timeframe of between 2 and 3 months from the Effective Date, subject to unforeseen delays beyond the Seller's control. The specific shipment date will be communicated to the Buyer upon confirmation of the order.
b. The Buyer is responsible for providing accurate shipping information. The Seller shall not be liable for delays or non-delivery due to incorrect or incomplete address information.
c. Shipping costs and delivery methods will be as specified on the Seller's website or as agreed upon in writing.
d. The risk of loss or damage to the Device shall pass to the Buyer upon delivery to the carrier for shipment.