Distance Selling Agreement

Legal Notice and Imprint

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

All users who visit or use this site are deemed to have accepted the terms specified in this legal notice.

1. Service Provider (Service and Content Provider)

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

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

  • Trade Mark / Brand Name: SMTR Group

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

  • Email: info@smtrgroup.com

  • Phone: +90 (216) 540 60 30

  • Tax Office: Sarıgazi V.D.

  • Tax Number: 8140729409

2. Hosting Provider (Technical Infrastructure)

Our site uses a "Hosting Provider" service as 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 within the framework of the laws of the Republic of Turkey. Our site may contain links to third-party websites. These links are provided solely for informational purposes or convenience and do not imply that the content of these sites is approved by us.

SKY RAY VE OTO YEDEK PARÇA EKİPMANLARI ÜRETİM SAN. A.Ş. cannot be held responsible for the content of these linked external sites or their privacy practices. The operators of the redirected sites are solely responsible for their content.

4. Intellectual Property Rights

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

The laws of the Republic of Turkey shall apply to all disputes that may arise from this legal notice and the use of the Site. The authorized judicial authority is the ISTANBUL Courts and Enforcement Offices.

 

DISTANCE SALES AGREEMENT

 

Article 1: Parties

1.1. SELLER (Service Provider)

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

  • Trade Mark: SMTR Group

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

  • Tax Office: Sarıgazi V.D.

  • Tax No: 8140729409

  • Phone: +90 (216) 540 60 30

  • Email: info@smtrgroup.com

1.2. BUYER (Consumer or Commercial Buyer)

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

  • TR ID No / Tax No: [To be taken from the order form]

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

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

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

Article 2: Definitions

In this agreement:

  • SELLER: Refers to the company whose information is provided in Article 1.1,

  • BUYER: Refers to the real or legal person whose information is provided in Article 1.2, who purchases goods or services through smtrgroup.com ("Site"),

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

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

  • PRODUCT: Refers to physical goods such as automotive spare parts,

  • SERVICE: Refers to intangible assets such as software, consultancy, digital content,

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

  • REGULATION: Refers to the Distance Contracts Regulation,

  • TCC: Refers to the Turkish Commercial Code.

Article 3: Buyer's Status and Applicable Law

3.1. Based on the Turkish ID Number or Tax Number information provided in the order form, the BUYER: a) If a real person and declares that the purpose of purchase is non-commercial or non-professional, they have the status of "CONSUMER" and the provisions of the TKHK and the Regulation apply to them. b) If a legal entity (Company, Association, Foundation, etc.) or a real person who declares that they are making a purchase for commercial/professional purposes (e.g., to install on a vehicle and sell, register in inventory) by providing a Tax Number, they have the status of "COMMERCIAL BUYER" and the relevant provisions of the Turkish Commercial Code and the Turkish Code of Obligations apply to them.

3.2. By confirming the order, the BUYER acknowledges in advance the accuracy of their status in this agreement (CONSUMER or COMMERCIAL BUYER) and that they will be subject to different laws according to this distinction.

Article 4: Subject of the Agreement

The subject of this agreement is to determine the rights and obligations of the parties regarding the sale and delivery of the PRODUCT/SERVICE, whose qualifications and sales price are specified below, which the BUYER has ordered electronically from the SELLER's website smtrgroup.com, in accordance with the relevant Law, Regulation, or TCC provisions depending on the BUYER's status (Article 3).

Article 5: Product/Service, Price and Payment Subject to the Agreement

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

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

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

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

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

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

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

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

The BUYER accepts 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 specified by the BUYER or to the person indicated by them, within the scope of the Shipping Policy specified on the Site and within the legal maximum period of 30 days. 6.2. The shipping fee will be paid by the BUYER or covered by the SELLER according to the conditions specified on the Site (e.g., basket total). 6.3. The BUYER is obliged to inspect the product during delivery. Packages that are deemed damaged or defective should not be accepted without having a "Damage Assessment Report" prepared by the cargo officer. The SELLER is not responsible for damages to products accepted without a report.

Article 7: Service Performance (For Digital Services)

7.1. Digital services (software, consultancy, etc.) are not subject to physical delivery. 7.2. The performance of the service will be carried out electronically, instantly or within the specified period, by the method stated in the order details (sending a license by e-mail, granting access to the user panel, etc.), after the BUYER confirms the order and makes the payment. 7.3. The BUYER accepts that digital services are "instant performance" in nature and that this will affect the right of withdrawal (Articles 8 and 9).

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

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 that the right of withdrawal has been exercised must be made in writing to the SELLER's email or postal address specified in Article 1.1 within this period. 8.3. Physical Product Return: The CONSUMER must send the product to the SELLER within 10 days following the withdrawal notification, using the contracted cargo code specified in the Return Policy on the Site. Returns of products whose original packaging has been damaged, that have been assembled, used, or are not in a resalable condition will not be accepted. 8.4. Refund: The SELLER will refund the total amount within 14 days from the date of receipt of the withdrawal notification, provided the product is returned, using the same payment method used by the BUYER. 8.5. The Return Policy on the Site is an integral part of this agreement.

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

In accordance with the Regulation, the CONSUMER cannot exercise the right of withdrawal in the following cases: a) Goods or services whose prices vary depending on fluctuations in financial markets. b) Products prepared in line with the consumer's wishes or personal needs (personalized, custom production). c) From goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; those whose return is not suitable for health and hygiene reasons (e.g., personal care products). d) Automotive 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 environment (software license, consultancy access, etc.) or intangible goods delivered instantly to the consumer (digital content). f) Services whose performance has started with the CONSUMER's consent before the expiry of the right of withdrawal period (e.g., digital services activated immediately upon purchase). g) Periodicals such as newspapers and magazines, other than those provided under a subscription agreement.

Article 10: COMMERCIAL BUYER (B2B) PROVISIONS

10.1. No Right of Withdrawal: BUYERS classified as COMMERCIAL BUYER (Article 3.1b), as they are not covered by the TKHK, DO NOT have a 14-day right of withdrawal. 10.2. Return Conditions: For Commercial Buyers, returns are only possible according to the "defective goods" provisions under the TCC. Requests for "arbitrary" returns, or returns of products that have been assembled or used, will not be accepted. 10.3. Defect Notification: The COMMERCIAL BUYER is obliged to immediately inspect the product upon receipt and to notify the SELLER in writing within a reasonable period (generally 2-8 days) as specified in the TCC if there is a defect in the product. Otherwise, the product will be deemed to have been accepted as is.

Article 11: Force Majeure

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

Article 12: Authorized 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 dispute, Consumer Arbitration Boards at the BUYER's place of residence or where the transaction was made are authorized within the legal monetary limits, and Consumer Courts are authorized in cases exceeding these limits. 12.3. For BUYERS who are COMMERCIAL BUYERS, the ISTANBUL Courts and Enforcement Offices are exclusively authorized for the resolution of disputes.

Article 13: Effectiveness and Acceptance

The BUYER shall be deemed to have read, understood, and accepted all clauses of this agreement at the moment they complete the payment process for their order placed through the Site. The SELLER is obliged to send a copy of the agreement (or the preliminary information form) to the BUYER's registered email address.

(Contract Date: [Order date])

SELLER: SKY RAY VE OTO YEDEK PARÇA EKİPMANLARI ÜRETİM SAN. A.Ş.

BUYER: [Name Surname / Title]