Distance Sales Agreement
- 1. PARTIES – Seller: Kimlik Makina San. ve Tic. – Muzaffer SARUHAN; address: Horozluhan OSB District, Demirtepe Street No:14, Selçuklu/Konya, Türkiye; telephone: +90 332 249 85 71; email: bilgi@kimlikmakina.com; website: https://www.kimlikmakina.com; Selçuk Tax Office; Tax/Turkish ID No: 44746575620. The Buyer is the natural or legal person identified by the information supplied when placing the order.
- 2. SUBJECT – This Agreement governs the rights and obligations of the parties concerning the sale of the products ordered by the Buyer through the Website and described below.
- 3. PRODUCT AND TECHNICAL SCOPE – The product page, quotation, proforma invoice, technical specification, drawing, capacity, materials, electrical/automation scope, accessories and written approvals form an integral part of the order. Images may be illustrative. The Buyer shall review and approve the technical scope in writing before production.
- 4. ORDER AND DELIVERY
4.1. An order for a standard product becomes final upon payment approval. A custom-manufactured order becomes final upon written acceptance of the quotation/technical scope and receipt of the agreed advance payment. Production begins after technical approval and payment confirmation.
4.2. Changes requested after a custom order is confirmed may result in additional charges and lead time. Delays caused by the Buyer's late approval, incomplete or incorrect measurements, samples or process information, or late payment shall be added to the delivery period.
4.3. For custom-manufactured products, the general production and dispatch period is 10–45 days from technical approval and payment confirmation. Buyer-requested changes or delays, supply conditions, force majeure or transport conditions may reasonably extend this period.
4.4. Unless otherwise agreed in writing, freight, transport, loading/unloading and insurance costs are borne by the Buyer. Even where installation labour is agreed to be free of charge, the Buyer's responsibility includes the installation personnel's travel, meals, accommodation and local transfer costs. Any visible transport damage must be recorded in a report with the carrier upon delivery.
5. PRICE AND PAYMENT
5.1. Unless expressly stated otherwise, prices exclude VAT and do not include transport, unloading, insurance, customs, site preparation, utility connections or similar expenses.
5.2. Card payments are processed through PayTR. Bank transfer/EFT payments may only be made to the Seller's own bank account as published or notified in writing; this method cannot be used until the bank details have been added to the system. Payment is not deemed completed until cleared funds reach the account. Advance payments for custom manufacture are allocated to materials, engineering and production capacity.
5.3. Card payments are processed through PayTR's secure payment infrastructure. Bank transfer/EFT is inactive until the relevant bank details are added.
5.4. If a payment problem occurs, the Seller may inform the Buyer and contact the Buyer to arrange the necessary correction.
6. RIGHT OF WITHDRAWAL AND RETURN CONDITIONS
6.1. A Buyer acting as a consumer has a statutory 14-day right of withdrawal for standard stocked products, subject to applicable legal conditions. Buyers acting for commercial or professional purposes do not benefit from the consumer right of withdrawal. The statutory exception to the right of withdrawal applies to products personalised to the Buyer's requirements or manufactured specifically for a project.
6.2. A valid withdrawal or return request must be submitted in writing to bilgi@kimlikmakina.com and include the order and invoice numbers. A standard product must be returned with its accessories, documents and secure packaging. The Buyer may be responsible for any reduction in value caused by handling beyond what is necessary for ordinary inspection.
6.3. If a custom-manufactured order is cancelled, completed engineering and labour, order-specific materials, supplier deductions, payment-service charges and other documented direct expenses may be deducted from amounts already paid. Mandatory rights relating to defective goods remain unaffected. An approved refund will normally be issued through the original payment method.
6.4. Statutory exceptions to the right of withdrawal apply to custom-made products prepared specifically for the Buyer or whose production has begun at the Buyer's request. Returns of standard stocked products and spare parts may be requested by written notice within 14 days of delivery; statutory rights relating to defective goods remain unaffected.
7. PRIVACY
The Seller undertakes to keep the Buyer's personal information confidential. Personal information is protected and used in accordance with applicable data-protection legislation.
8. DISPUTES – In consumer transactions, the consumer's right to apply to the competent Consumer Arbitration Committee or Consumer Court remains unaffected. For commercial transactions, the Courts and Enforcement Offices of Konya shall have jurisdiction, without prejudice to mandatory jurisdiction rules.
The Buyer declares that, before payment, they have read and accepted the preliminary information form, this Agreement, the return and delivery conditions, the technical scope and the order summary. The Buyer accepts that the electronic approval may be retained together with the date/time, order and technical records.
This Agreement has been concluded electronically by mutual consent of the parties.
