Distance Selling Agreement

I understand, I'm updating the missing information with the details you provided.

Based on your statement "There is no need for the remaining missing details," I am removing the fields I expected you to fill in, such as MERSİS and KEP addresses, from the text.

Below you will find the updated and complete versions of the "Legal Notice and Imprint" and "Distance Selling Agreement" texts.

Legal Notice and Imprint (Updated)

This document contains the legal identification information and basic legal notices regarding the use of the site by SKY RAY VE OTO YEDEK PARÇA EKİPMANLARI ÜRETİM SAN. A.Ş. , which offers services and products through the smtrgroup.com website ("Site") under the "SMTR Group" brand.

By visiting or using this site, all users agree to the terms and conditions set forth in this legal notice.

1. Service Provider (Service and Content Provider)

In accordance with Law No. 6563 on the Regulation of Electronic Commerce, we are the "Service Provider" of our site and responsible for all content.

  • Legal Trade Name: SKY RAY VE OTO YEDEK PARÇA EKİPMANLARI ÜRETİM SAN. A.Ş.

  • Trademark / Brand Name: SMTR Group

  • Registered Legal Address: Esenkent Mahallesi Buyruk Sokak No: 19/2 Ümraniye / ISTANBUL

  • Email: info@smtrgroup.com

  • Phone: +90 (216) 540 60 30

  • Tax Office: Sarıgazi Tax Office

  • Tax Number: 8140729409

2. Hosting Provider (Technical Infrastructure)

Our website uses a "Hosting Provider" service for its technical infrastructure.

  • Hosting Provider: Shopify Inc.

  • Address: 151 O'Connor Street, Ground floor, Ottawa, ON K2P 2L8, Canada

3. Content Responsibility

As the Service Provider, we are responsible for our own content on this Site under the laws of the Republic of Turkey. Our Site may contain links to third-party websites. These links are provided for informational or convenience purposes only and do not imply endorsement of the content of those sites.

SKY RAY VE OTO YEDEK PARÇA EKİPMANLARI ÜRETİM SAN. A.Ş. cannot be held responsible for the content and privacy practices of these linked external sites. Only the operators of the respective sites are responsible for the content of the linked sites.

4. Intellectual Property Rights

The "SMTR Group" brand, logo, and all content (texts, images, graphics, designs, software, audio files, etc.) on this Site belong to SKY RAY VE OTO YEDEK PARÇA EKİPMANLARI ÜRETİM SAN. A.Ş. and are protected under the Law No. 5846 on Intellectual and Artistic Works and the Industrial Property Law.

This content may not be reproduced, copied, distributed, modified, or used for commercial purposes without the written permission of the owner.

5. Applicable Law and Competent Court

Any disputes arising from this legal notice and the use of the Site shall be governed by the laws of the Republic of Turkey. The competent courts and enforcement offices shall be those of Istanbul.

DISTANCE SALES AGREEMENT (Updated)

Article 1: Parties

1.1. SELLER (Service Provider)

  • Legal Name: SKY RAY VE OTO YEDEK PARÇA EKİPMANLARI ÜRETİM SAN. A.Ş.

  • Trademark: SMTR Group

  • Address: Esenkent Mahallesi Buyruk Sokak No: 19/2 Ümraniye / ISTANBUL

  • Tax Office: Sarıgazi Tax Office

  • Tax Number: 8140729409

  • Phone: +90 (216) 540 60 30

  • Email: info@smtrgroup.com

1.2. BUYER (Consumer or Commercial Buyer)

  • Name / Title: [To be taken from the order form]

  • Turkish National Identity Number / Tax Number: [To be obtained from the order form]

  • Address: [To be obtained from the order form]

  • Phone: [To be obtained from the order form]

  • Email: [To be obtained from the order form]

Article 2: Definitions

In this agreement:

  • SELLER: The company whose details are given in Article 1.1,

  • BUYER: The natural or legal person whose information is given in Article 1.2, who purchases goods or services through smtrgroup.com ("Site"),

  • CONSUMER: BUYER, acting for non-commercial or non-professional purposes,

  • COMMERCIAL BUYER: A BUYER acting for commercial or professional purposes (e.g., to sell the purchased product, use it in their company, or generate income) (Merchants, self-employed individuals, public and private legal entities),

  • PRODUCT: Physical goods such as automotive spare parts,

  • SERVICES: Intangible assets such as software, consulting, and digital content,

  • LAW: Law No. 6502 on Consumer Protection (TKHK),

  • REGULATION: The Regulation on Distance Contracts,

  • TTK: Refers to the Turkish Commercial Code.

Article 3: Nature of the Buyer and Applicable Law

3.1. The BUYER, according to the Turkish Identity Number or Tax Number provided in the order form: a) If the buyer is a natural person and declares that the purpose of the purchase is not commercial or professional, they are classified as a "CONSUMER" and the provisions of the Consumer Protection Law and its regulations apply. b) If the buyer is a legal entity (Company, Association, Foundation, etc.) or a natural person who declares, by providing their Tax Number, that they are purchasing for commercial/professional purposes (e.g., installing on a vehicle and selling, registering in inventory), they are classified as a "COMMERCIAL BUYER" and the relevant provisions of the Turkish Commercial Code and the Turkish Code of Obligations apply.

3.2. By confirming the order, the BUYER acknowledges and accepts that their role in this agreement (CONSUMER or COMMERCIAL BUYER) is correct and that they will be subject to different laws accordingly.

Article 4: Subject of the Agreement

The subject of this agreement is the sale and delivery of the PRODUCT/SERVICE, the characteristics and sales price of which are specified below, ordered electronically by the BUYER from the SELLER's website smtrgroup.com , and the determination of the rights and obligations of the parties in accordance with the relevant Laws, Regulations or Turkish Commercial Code provisions, as per the BUYER's nature (Article 3).

Article 5: Subject of the Contract, Product/Service, Price and Payment

  • Product/Service Description: [To be taken from the order summary page]

  • Quantity: [To be retrieved from the order summary page]

  • Unit Price: [To be obtained from the order summary page]

  • Subtotal: [To be retrieved from the order summary page]

  • Shipping Fee: [To be obtained from the order summary page]

  • Taxes (VAT): [To be retrieved from the order summary page]

  • Grand Total (Invoice Amount): [To be retrieved from the order summary page]

  • Payment Method: Credit Card / Debit Card (Online Payment)

The BUYER acknowledges the accuracy of this information by confirming the order.

Article 6: Delivery (For Physical Products)

6.1. The PRODUCT will be delivered to the delivery address or to the person indicated by the BUYER, within the legal maximum period of 30 days, in accordance with the Shipping Policy stated on the Site. 6.2. The shipping cost will be paid by the BUYER or covered by the SELLER according to the conditions stated on the Site (e.g., shopping cart total). 6.3. The BUYER is obliged to inspect the product upon delivery. Packages suspected of being damaged or defective should not be accepted; a "Damage Assessment Report" should be completed by the courier. The SELLER is not responsible for damage to products accepted without a report.

Article 7: Provision of Services (For Digital Services)

7.1. Digital services (software, consulting, etc.) are not subject to physical delivery. 7.2. The service will be performed electronically, instantly or within the specified time frame, using the method indicated in the order details (e.g., license delivery via email, user panel access permission, etc.), following the BUYER's confirmation of the order and payment. 7.3. The BUYER acknowledges that digital services are of an "instant performance" nature and that this will affect the right of withdrawal (Articles 8 and 9).

Article 8: Right of Withdrawal (FOR B2C - CONSUMERS ONLY)

8.1. The CONSUMER (Article 3.1a) has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the physical PRODUCT or the date of purchase of the SERVICE, without giving any reason and without paying any penalty. 8.2. Notification of the exercise of the right of withdrawal must be made in writing to the SELLER's e-mail or postal address specified in Article 1.1 within this period. 8.3. Return of Physical Product: The CONSUMER must send the product to the SELLER within 10 days following the withdrawal notification, using the agreed-upon shipping code specified in the Return Policy on the Site. Returns of products that are not in their original packaging, assembled, used, and in a resalable condition will not be accepted. 8.4. Refund: The SELLER will refund the total amount within 14 days of receipt of the withdrawal notification, provided that the product is returned, using the method the BUYER used for payment. 8.5. The Return Policy on this website is an integral part of this agreement.

Article 9: Exceptions to the Right of Withdrawal (B2C - FOR CONSUMERS)

According to the regulation, the CONSUMER cannot exercise the right of withdrawal in the following cases: a) Goods or services whose price varies depending on fluctuations in financial markets. b) Products prepared according to the consumer's wishes or personal needs (personalized, custom-made). c) Goods whose protective elements such as packaging, tape, seal, or wrapping have been opened after delivery; those whose return is not suitable for health and hygiene reasons (e.g., personal care products). d) Auto spare parts that have been assembled or used after delivery, or other products whose protective packaging has been opened. e) Services performed instantly in electronic form (software license, access to consultancy, etc.) or intangible goods delivered instantly to the consumer (digital content). f) Services whose performance has begun with the CONSUMER's consent before the expiration of the withdrawal period (e.g., digital services activated immediately upon purchase). g) Periodicals such as newspapers and magazines, except those provided under a subscription contract.

Article 10: COMMERCIAL BUYER (B2B) PROVISIONS

10.1. No Right of Withdrawal: Buyers classified as COMMERCIAL BUYERS (Article 3.1b) are NOT entitled to a 14-day right of withdrawal as they are not covered by the Turkish Commercial Code (TCC). 10.2. Return Conditions: For Commercial Buyers, returns are only possible according to the "defective goods" provisions of the TCC. Returns after the product has been assembled, used, or for "arbitrary" reasons will not be accepted. 10.3. Notification of Defects: The COMMERCIAL BUYER is obligated to immediately inspect the product upon delivery and, if there is a defect, to notify the SELLER in writing within a reasonable time frame (usually 2-8 days) as specified in the TCC. Otherwise, the product will be deemed accepted as is.

Article 11: Force Majeure

Events beyond the control of the parties, unforeseen at the time of the contract, and preventing the parties from fulfilling their obligations, such as war, earthquake, flood, fire, epidemic, strike, lockout, and cyber attack, are considered force majeure. During the force majeure period, the parties' obligations are suspended.

Article 12: Competent Court and Applicable Law

12.1. The laws of the Republic of Turkey shall apply to the resolution of disputes arising from the implementation of this agreement. 12.2. For BUYERS who are CONSUMERS , in case of disputes, the Consumer Arbitration Boards in the BUYER's place of residence or the place where the transaction took place shall have jurisdiction within the legal monetary limits; in cases exceeding these limits, the Consumer Courts shall have jurisdiction. 12.3. For BUYERS who are COMMERCIAL BUYERS , the Courts and Enforcement Offices of ISTANBUL shall have exclusive jurisdiction in the resolution of disputes.

Article 13: Entry into Force and Adoption

By completing the payment process for their order placed through the Site, the BUYER declares and undertakes that they have read, understood, and accepted all the terms of this agreement. The SELLER is obligated to send a copy of the agreement (or pre-information form) to the BUYER's registered e-mail address.

(Contract Date: [Order Date])

SELLER: SKY RAY AND AUTO SPARE PARTS EQUIPMENT MANUFACTURING INC.

RECIPIENT: [Name Surname / Title]