Distance Sales Agreement
1. Parties and B2B scope
Seller: ELEGANCE GRUP TURİZM VE OTOMOTİV TİCARET LİMİTED ŞİRKETİ
- MERSİS No: 0331167788400001
- Trade Registry No: 247080-5 (Istanbul Chamber of Commerce)
- Tax Office / Tax Identification No: İkitelli / 3311677884
- Address: İkitelli OSB Mah. Demirciler C5 Blok Sk., Demirciler Sanayi Sitesi C5 Blok No: 241/B, Başakşehir / İstanbul / Türkiye
- Telephone: +90 212 671 52 97
- Email: info@elggassprings.com
- Website: https://www.elggassprings.com
Buyer: The natural or legal person who provides its commercial or professional identity, invoicing details and delivery details when ordering.
The Buyer declares that it purchases the products solely for commercial or professional purposes and is not a consumer within Article 3/1-k of Law No. 6502 on Consumer Protection. Therefore, Law No. 6502 and the consumer-specific 14-day right of withdrawal under the Regulation on Distance Contracts do not apply. Mandatory consumer rights remain reserved if the transaction is in fact a consumer transaction.
2. Subject and formation
This Agreement governs the parties' rights and obligations concerning B2B sales of gas springs, block-lift products and accessories offered on the website.
The product's essential characteristics, code, quantity, unit price, taxes, delivery charge, total price, payment method and delivery terms are shown in the order summary before approval and included in the electronic order confirmation. These order-specific details form part of the Agreement.
The Buyer may review and correct the information before completing the order. Receipt of the order is acknowledged without delay on the website and through at least one additional electronic communication channel. An acknowledgement stating only “order received” is not acceptance; the Agreement is formed when the Seller electronically notifies the Buyer that it accepts the order.
The Buyer may store this Agreement. Method and duration of the Buyer's later access to the concluded agreement — to be completed
3. Payment
The Buyer pays the total amount in the order summary by the selected payment method. Unless deferred payment is expressly accepted in the order confirmation, the Seller's delivery obligation begins after full receipt of payment. Any amount collected for an order that is not accepted is returned without delay to the payment instrument used.
4. Delivery, carriage charges and risk
The delivery date or period is shown in the order summary before the order and repeated in the confirmation. Order-specific dispatch/delivery period and the conditions for its commencement according to stock, production, payment and required technical information — to be completed
Unless otherwise stated in the order confirmation, the place of performance is the Seller's address above. If the Buyer requests shipment to another address, carriage and any insurance charges are borne by the Buyer and shown before the order. Benefit and risk pass to the Buyer when the product is handed to the carrier (Articles 208/3 and 211 of the Turkish Code of Obligations No. 6098, “TCO”). The Seller remains liable for its fault, any pre-delivery defect and inadequate packaging.
5. Inspection and notice
Where both parties are merchants, the Buyer notifies the Seller of a defect apparent on delivery within two days; for a defect discoverable through ordinary inspection, it inspects or has the product inspected and gives notice within eight days after delivery. A latent defect appearing later is notified immediately upon discovery (Article 23/1-c of the Turkish Commercial Code No. 6102, “TCC”; Article 223 TCO). A Buyer that is not a merchant but is not a consumer inspects the product as soon as practicable and gives timely notice of a defect, and immediately gives notice of a latent defect, under Article 223 TCO. Article 225 TCO remains reserved.
For carriage damage, the Buyer notifies the carrier of visible loss or damage no later than delivery; concealed carriage damage within seven days after delivery; and delay within twenty-one days, and sends the report and other records to the Seller (Article 889 TCC).
6. Withdrawal, returns and defective products
The Buyer has no unilateral right to withdraw from or return a non-defective product. A discretionary return is possible only with the Seller's prior written approval; carriage charges and any loss in value attributable to the Buyer are then borne by the Buyer.
If the product was defective at delivery, the Buyer may, subject to the statutory conditions, choose rescission, a price reduction, repair free of charge or, where possible, replacement with a non-defective equivalent (Article 227 TCO). Under paragraph three of that Article, the Seller may prevent the chosen remedy by immediately supplying a non-defective equivalent and compensating all of the Buyer's loss.
The Buyer safeguards the defective product, stops using it and requests dispatch instructions by sending the order/product code, quantity, description of the defect and any available photographs or reports to info@elggassprings.com. Where the defect is attributable to the Seller, necessary and reasonable return/repair carriage charges are borne by the Seller. If there is no defect, or the issue results from the Buyer's selection, technical information, installation, use, storage or unauthorised alteration, those charges are borne by the Buyer.
When a repayment obligation arises following valid rescission, the price is returned without delay, as a rule to the payment instrument used. Claims arising from defects are subject to a two-year limitation period from transfer; the Seller's gross fault remains reserved (Article 231 TCO).
7. Notices, law and effective date
Operational order and defect notices may be sent to info@elggassprings.com. Formal notices between merchants concerning default, termination or rescission must use the methods in Article 18/3 TCC.
The laws of the Republic of Türkiye apply. Disputes shall be submitted to the courts and enforcement offices having jurisdiction under applicable law. This English text is a faithful translation; the Turkish text prevails in the event of any difference.
Effective date: business owner's approval and publication date — to be completed
