This Distance Sales Agreement (“Agreement”) sets out the general conditions applicable to distance sales agreements to be concluded electronically between EKMAŞ GIDA MAKİNALARI SAN. VE TİC. LTD. ŞTİ. (“SELLER / SERVICE PROVIDER”) and the BUYER placing an order through www.ekmas.com.tr. Order-specific product, price, payment, delivery and BUYER information is also displayed in the agreement generated during the ordering process.
ARTICLE 1 - PARTIES
1.1 - SELLER / SERVICE PROVIDER:
Company Name: EKMAŞ GIDA MAKİNALARI SAN. VE TİC. LTD. ŞTİ.
Address: Kağıthane Barbaros Cad. Şebnem Sokak No:10/A Seyrantepe, Kağıthane, Istanbul
Phone: 0850 650 00 00
Fax: 0212 270 42 69
Email: [email protected]
MERSIS No.: 0329-0053-3632-0014
1.2 - BUYER:
The identity, contact, billing and delivery information provided by the BUYER during the ordering process.
ARTICLE 2 - SUBJECT MATTER
The subject of this Agreement is to determine the rights and obligations of the parties regarding the sale and delivery of the product or products ordered electronically by the BUYER through the SELLER’s website. In transactions where the BUYER qualifies as a consumer under Law No. 6502 on Consumer Protection, Law No. 6502 and the Regulation on Distance Contracts shall apply.
ARTICLE 3 - PRODUCTS SUBJECT TO THE AGREEMENT AND PRICE
The essential characteristics, quantity, sales price, total price including taxes, any delivery and other additional costs, and payment information are shown to the BUYER during the ordering process in the Pre-Contract Information Form and the order-specific Distance Sales Agreement.
ARTICLE 4 - DELIVERY AND PERFORMANCE
4.1 - The SELLER shall deliver the ordered products to the BUYER or to the person/entity at the address designated by the BUYER within the period committed to in the order. Except for goods prepared specially in accordance with the BUYER’s requests or personal needs, the delivery period for sales of goods may in no event exceed 30 days.
4.2 - The SELLER is obliged to deliver the ordered products complete, in conformity with the specifications stated in the order and, where applicable, together with warranty documents and user manuals.
4.3 - If a product subject to the Agreement is to be delivered to a person or entity other than the BUYER, the SELLER shall not be held responsible if that person or entity refuses to accept delivery.
4.4 - If the product price is not paid for any reason or is cancelled in the records of the bank/payment institution, the SELLER’s obligation to deliver shall cease.
4.5 - If it becomes impossible to perform the obligation subject to the Agreement, the SELLER shall notify the BUYER in writing or through a durable medium within 3 days from the date on which the SELLER becomes aware of such impossibility and shall refund all payments collected, including delivery costs where applicable, no later than 14 days from the date of notification. The mere fact that the goods are out of stock shall not, by itself, constitute impossibility of performance.
ARTICLE 5 - RIGHT OF WITHDRAWAL AND RETURNS
5.1 - Where the BUYER qualifies as a consumer under Law No. 6502 and no statutory exception applies, the BUYER may exercise the right of withdrawal within 14 days from the date on which the BUYER or a third party designated by the BUYER takes delivery of the product, without giving any reason and without incurring any penalty. The BUYER may also exercise the right of withdrawal before the product is delivered.
5.2 - The notice of withdrawal may be sent within the 14-day period to the SELLER’s postal address above or to [email protected] in writing or through a durable medium.
5.3 - The carrier designated by the SELLER for returns is Yurtiçi Kargo. For returns made under the right of withdrawal through this carrier, the BUYER may not be charged return shipping costs. If the designated carrier has no branch at the BUYER’s location, the SELLER shall arrange collection of the goods without requesting any additional cost from the BUYER.
5.4 - Unless the SELLER has offered to collect the goods itself, the BUYER shall return the product to the SELLER or to a person authorised by the SELLER within 14 days from the notice of withdrawal.
5.5 - The BUYER shall not be liable for any change or deterioration in the goods resulting from use in accordance with their normal operation, technical specifications and instructions for use during the withdrawal period.
5.6 - The SELLER shall refund all payments received from the BUYER, including delivery costs to the BUYER where applicable, within 14 days from the date on which the goods subject to the right of withdrawal are handed over to the designated return carrier. If the BUYER uses a different carrier, this period shall begin on the date the goods reach the SELLER.
5.7 - Refunds shall be made in a single transaction, using a payment method compatible with the payment instrument used by the BUYER for the purchase, without imposing any cost or obligation on the BUYER.
5.8 - Unless otherwise agreed by the parties, cases in which the right of withdrawal cannot be exercised under applicable legislation are reserved. In particular, subject to the conditions prescribed by law, the right of withdrawal cannot be exercised in contracts for goods prepared specially in accordance with the BUYER’s requests or personal needs; goods liable to deteriorate rapidly or expire; or goods whose protective elements such as packaging, tape, seal or package have been opened after delivery and which are unsuitable for return for health or hygiene reasons.
ARTICLE 6 - PERSONAL DATA AND COOKIES
6.1 - The BUYER’s personal data are processed under the Turkish Personal Data Protection Law No. 6698 (KVKK) and related legislation, within the purposes, legal bases and transfer conditions described in the KVKK Privacy Notice separately provided by EKMAŞ. Acceptance of this Agreement does not constitute explicit consent for personal-data processing activities that require explicit consent.
6.2 - Non-essential analytics and marketing cookies are operated based on user preferences; detailed information is provided in the Cookie Notice.
ARTICLE 7 - DISPUTES AND REMEDIES
7.1 - In disputes where the BUYER qualifies as a consumer, an application may be made, subject to the monetary thresholds and jurisdictional rules in force, to the Consumer Arbitration Committees or, following the mandatory mediation process under Article 73/A of Law No. 6502, to the Consumer Court.
7.2 - For transactions entered into for commercial or professional purposes in which the BUYER does not qualify as a consumer, jurisdiction and venue shall be determined in accordance with mandatory applicable law.
The order-specific Distance Sales Agreement is generated electronically using the information supplied by the BUYER and the selected product/payment/delivery terms during the ordering process and is submitted to the BUYER for approval.