• PARTIES : 

This Distance Sells Agreement (the "Agreement") is established electronically between the "Buyer," whose address is specified in Article 5, and Enermak Enerji Mak. ve İnş. San. Tic. Ltd. Şti., located at Ostim Mahallesi 1234. Sokak no:125 Yenimahalle/Ankara (the "Seller"), under the terms and conditions outlined below.

• SUBJECT : 

The subject of this Agreement is to determine the rights and obligations of the Parties in accordance with the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts concerning the sale and delivery of the product ordered electronically by the BUYER from the SELLER’s website, with the qualities and sales price specified below. The prices listed and advertised on the site are the sale prices. The advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.

• MATTERS THE BUYER HAS BEEN INFORMED ABOUT IN ADVANCE: 

The BUYER acknowledges that, prior to the establishment of this Agreement through acceptance on the Website and before assuming any obligation regarding the order or payment, they have reviewed, read, and understood all general and specific disclosures on the relevant pages or sections of the Website, and that they have been provided with the necessary information.

The SELLER’s name, contact information, and current promotional details. 

The privacy, data usage-processing policies applicable to the BUYER’s information, and the electronic communication rules set by the SELLER, including permissions granted by the BUYER. 

The BUYER’s legal rights, the SELLER’s rights, and the methods for exercising the rights of the Parties,

Products and other goods and services for which the BUYER does not have a right of withdrawal,

Conditions, duration, and procedures for exercising the right of withdrawal when applicable, and the loss of this right if not exercised within the specified time,

The manner in which the BUYER can return products to the SELLER and all related financial matters (including return methods, costs, and refund of the product price, and possible discounts and offsets for reward points earned/used by the BUYER during the return process).

Other sales conditions included in this Agreement by nature, and that the Agreement, once approved by the BUYER on the WEBSITE, will be sent to the BUYER via email, and can be stored and accessed by the BUYER for the requested duration. The SELLER may also retain it for three years.

In case of any disputes arising from the Distance Sales Agreement, if the party to the Agreement is an individual Consumer Buyer, the Consumer Problems Arbitration Committee or Consumer Courts at the place where the Buyer purchased the product or where their residence is located, within the monetary limits set by the Ministry of Customs and Trade, shall be authorized. If the party to the Agreement is a legal entity Buyer, the Ankara Courts and Execution Offices will have jurisdiction.

1.1- SELLER:

Title: Enermak Energy Machinery and Construction Industry Trade Limited Company
Address: Ostim District, 1234th Street No:125, Yenimahalle/Ankara
Phone: 03123851102
Fax:
E-mail:info@enermak.com

1.2- BUYER:

Name/Surname/Title: 
Address:
Phone:
E-mail:

 
ARTICLE 2- SUBJECT 

The subject of this Agreement is to determine the rights and obligations of the Parties in relation to the sale and delivery of the product ordered electronically by the BUYER from the Enermak Enerji Mak. ve İnş. San. Tic. Ltd. Şti. website, with the specifications and sales price detailed below, in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on the Principles and Procedures of Distance Contracts. 


ARTICLE 3 – PRODUCT SUBJECT TO THE AGREEMENT 

The type and kind, quantity, brand/model, color, and sales price of the products are as specified above.

Payment Method: 

Delivery Address:

Delivery District/City:

Recipient:

Invoice Address:

Order Date:
 

GENERAL PROVISIONS

9.1. 9.1. The BUYER acknowledges, declares, and undertakes that they have read and understood the fundamental characteristics, sales price, payment method, and preliminary information regarding delivery of the Product specified in the Agreement on the Website. The BUYER confirms electronically that they have reviewed the preliminary information, and undertakes to have accurately and completely obtained the address required to be provided by the SELLER, as well as the basic features of the ordered products, payment, and delivery information including taxes, before the establishment of the distance sales agreement.

9.2. 9.2. Each product subject to the Agreement shall be delivered to the BUYER or the person and/or organization indicated by the BUYER at the address within the period specified in the preliminary information on the website, depending on the distance of the BUYER’s residence, without exceeding the 30-day legal period. If the SELLER fails to fulfill this obligation within the specified period, the BUYER may terminate the Agreement. The delivery date stated as "estimated delivery date" on the website is only an estimate and does not constitute a commitment. These products will be delivered to the BUYER within a maximum of 30 days as specified in the legislation.

9.3. 9.3. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining explicit consent before the fulfillment obligation under the Agreement expires.

9.4. 9.4. The BUYER acknowledges, declares, and undertakes that they will confirm the Agreement electronically for the delivery of the Product. In case of non-payment or cancellation of the payment for any reason, the SELLER’s obligation to deliver the Product will terminate. The BUYER accepts, declares, and undertakes that the SELLER bears no responsibility for payments made to the SELLER but marked as unsuccessful by the bank or financial institution.

9.5. 9.5. In the event that the BUYER's credit card is used fraudulently by unauthorized persons after the delivery of the Product to the BUYER or the person and/or organization indicated by the BUYER, and the payment for the Product is not made to the SELLER by the relevant bank or financial institution, the BUYER accepts, declares, and undertakes to return the Product to the SELLER within 3 days, with the shipping cost borne by the BUYER.

9.6. 9.6. If the SELLER is unable to deliver the Product within the specified time due to force majeure events such as unforeseen and uncontrollable circumstances that prevent or delay the fulfillment of obligations, the SELLER will notify the BUYER of this situation. 

9.7. 9.7. The BUYER shall inspect the Product before accepting delivery. The BUYER will not accept any damaged or defective products such as those with dents, breaks, or torn packaging from the courier. The received goods/services will be deemed to be undamaged and intact. The BUYER is responsible for protecting the goods/services after delivery. If the right of withdrawal is to be used, the goods/services should not be used, and the invoice should be returned.

9.8. 9.8. If the cardholder is not the same person as the BUYER or if a security breach related to the credit card used in the order is detected before the delivery of the Product, the SELLER may request the BUYER to provide identification and contact information of the cardholder, a statement from the cardholder's bank confirming ownership of the card, or the last month’s statement of the credit card used in the order. The order will be suspended until the requested information/documents are provided, and if the requests are not met within 24 hours, the SELLER has the right to cancel the order.

9.9. 9.9. Links to other websites and/or content owned or operated by third parties may be provided on the SELLER’s website. These links are provided for the BUYER's convenience and do not endorse or guarantee the information contained on the linked websites.

9.10. 9.10. Any member who violates one or more of the provisions listed in this membership agreement shall be personally liable for such violations and shall indemnify the SELLER from any legal or penal consequences. Additionally, if the matter is brought to the legal arena due to such a violation, the SELLER reserves the right to seek compensation from the member for non-compliance with the membership agreement.

• SPECIAL TERMS

10.2. 10.2. The SELLER, at its sole discretion, may offer various campaigns on the Website with conditions determined by the SELLER. If the BUYER returns products purchased under such campaigns for any reason, or if the conditions of the campaign cannot be met for any reason, the discount amount or benefit obtained under the campaign will be canceled and deducted from the refund to be made to the BUYER.

10.3. 10.3. If the BUYER can benefit from multiple campaigns on the same invoice, the campaigns will not be combined, and the BUYER can only benefit from one campaign. The BUYER acknowledges, declares, and undertakes that they will not make any claims in such cases.

10.4. 10.4. The SELLER reserves the right to stop, update, and change the conditions of the campaigns announced on the Website at any time. The BUYER must review the campaign conditions before making each purchase from the Website.

• ABOUT PROTECTION OF PERSONAL DATA

11.1 The SELLER may use members' personal information for the purpose of providing better service, improving their products and services, and facilitating the use of the site by tailoring it to users' specific preferences and interests. The SELLER reserves the right to keep records of the actions taken by the MEMBER on the website www.enermak.com.

11.2. The person who becomes a member of the SELLER declares and accepts that they consent to receive product and service promotions, advertisements, campaigns, advantages, surveys, and other customer satisfaction practices from the SELLER under current and/or future applications. The MEMBER declares and accepts that they permit the collection, sharing, use, and archiving of their personal and shopping information, as well as shopping and/or consumer behavior information, for the purposes mentioned above. Unless otherwise notified, the MEMBER consents to the collection, sharing, use, and archiving of their data even after membership termination. The MEMBER also consents to being contacted by the SELLER via internet, phone, SMS, etc., unless otherwise stated. The MEMBER agrees and accepts not to claim any direct or indirect material and/or moral damage, or any other loss due to the collection, sharing, use, and access of the aforementioned information, and to not hold the SELLER responsible. If the MEMBER wishes to change their data sharing preferences, they can request to change them by contacting the SELLER at the address Ostim Mahallesi 1234. Sokak no:125 Yenimahalle/Ankara or info@enermak.com.

11.3. The SELLER may disclose the MEMBER’s personal information when required by law or in cases where (a) it is necessary to comply with legal requirements or legal proceedings served to the SELLER; (b) it is necessary to protect and defend the rights and property of the SELLER and the SELLER’s website family in good faith.

11.4. The SELLER has taken measures within its capabilities to ensure that the website is free from viruses and similar software. Additionally, to ensure ultimate security, users are required to provide and maintain their own virus protection systems. In this context, the MEMBER is considered responsible for any errors that may occur in their software and operating systems and for any direct or indirect consequences thereof.

 
11.5. The SELLER reserves the right to change the content of the site, modify or terminate any service provided to users, or delete registered user information and data on the SELLER’s website at any time.

RIGHT OF WITHDRAWAL

The BUYER may exercise the right of withdrawal from the contract without assuming any legal or penal liability and without providing any reason within 14 (fourteen) days from the delivery date of the purchased product to themselves or the person/organization they indicated by notifying the SELLER through the contact information provided below.

According to Article 11 and other provisions of the Regulation Amending the Distance Contracts Regulation published in the Official Gazette dated August 23, 2022, and numbered 31932, if the product is not defective, the BUYER will cover all costs (such as shipping, transportation, etc.) associated with returning the product.

As stated in Article 17 of the Distance Sales Agreement, contracts for goods prepared according to the consumer's requests or personal needs are not subject to the right of withdrawal. Additionally, according to the same article, contracts for the delivery of perishable goods or those that may expire are also not subject to the right of withdrawal. 

It is accepted that upon receipt of payment, the BUYER has read and approved all the terms in the distance sales agreement and has knowingly and willingly entered into the agreement. The SELLER is obliged to make software arrangements proving that the BUYER has read the relevant agreements. 

"Since 2000, we have adeptly fused trust and quality, committing ourselves to a customer satisfaction-oriented framework with a relentless pursuit of excellence here at Enermak. Our ascent to a leading position in the field of infrastructure is underpinned by this very rationale. Today, as Enermak, we provide a comprehensive suite of solutions addressing various infrastructure challenges, including three-dimensional subsurface detection of pipes, cables, and other underground networks, as well as the detection and identification of water and gas leaks, pipeline insulation faults, and cable malfunctions. Our services also encompass sewer inspection and rehabilitation. Since our inception, as Enermak, we have been serving our country and stand as the Turkish representative of globally leading, established manufacturing companies."

13- CONTACT INFORMATION FOR THE SELLER'S RIGHT OF WITHDRAWAL NOTIFICATION:

COMPANY: Enermak Energy Machinery and Construction Industry Trade Limited Company

NAME/TRADE NAME: Enermak Energy

ADDRESS: Ostim/1234th Street No:125 Yenimahalle/Ankara

MAIL: info@enermak.com

PHONE: 0312 385 11 02

14- WITHDRAWAL PERIOD:

If the purchase involves a service, this 14-day period begins on the date the contract is signed. The right of withdrawal cannot be exercised for service contracts where the performance of the service has begun with the consumer’s consent before the withdrawal period ends. The Buyer has been informed of the right of withdrawal in the Distance Contracts and Cancellation Conditions, and the Buyer is placing the order with full knowledge of these conditions.

The costs arising from the exercise of the right of withdrawal shall be borne by the SELLER.

To exercise the right of withdrawal, a notification must be sent to the SELLER in writing or via a registered return receipt, fax, email, or by the method specified by the SELLER within the 14-day period, and the product must be unused according to the provisions set out in this contract under "Products for which the Right of Withdrawal Cannot Be Exercised."

15- EXERCISING THE RIGHT OF WITHDRAWAL:

The invoice for the product delivered to the individual or the BUYER (if the invoice for the product to be returned is issued to a company, it must be returned with the return invoice issued by the company. Orders for which the invoice is issued to companies cannot be completed without issuing a RETURN INVOICE).

The return form, the box, packaging, any standard accessories of the product to be returned must be complete and undamaged.

16- RETURN CONDITIONS:

The SELLER is obliged to refund the total price and any documents that place the BUYER under obligation within 10 days from the receipt of the withdrawal notification and to accept the return of the goods within 20 days.

If there is a decrease in the value of the goods due to the BUYER’s fault or if the return becomes impossible, the BUYER is responsible for compensating the SELLER’s losses proportionally. However, the BUYER is not responsible for changes and deterioration caused by the proper use of the goods or products within the withdrawal period.

If the withdrawal causes the SELLER’s promotional campaign limit to fall below the threshold, the discount enjoyed under the campaign will be canceled.

17- PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED:

The product you wish to return must be undamaged, unused, and free from any defects caused by improper use. 

The product(s) you wish to return must be sent back with all accessories and in their original packaging. 

According to the Distance Contracts Regulation, the right of withdrawal cannot be exercised for the following products:

o Contracts related to goods prepared according to the consumer's requests or personal needs.

o Contracts for the delivery of goods that may spoil quickly or whose expiration date may pass.

o Contracts for the delivery of goods whose protective elements, such as packaging, tape, seal, or package, have been opened after delivery and are unsuitable for return due to health or hygiene reasons.

o Contracts for goods that are mixed with other products after delivery and cannot be separated by their nature.

o Contracts for books, digital content, and computer consumables offered in a physical medium, where the protective elements, such as packaging, tape, seal, or package, have been opened after delivery.

o Contracts related to accommodation, goods transportation, car rental, food and beverage supply, or leisure activities that must be carried out on a specific date or within a specific period.

o Contracts for services rendered instantly in electronic form or for intangible goods delivered immediately to the consumer.

18- DEFAULT AND LEGAL CONSEQUENCES:

If the BUYER defaults on a credit card payment, they agree, declare, and undertake to pay interest within the framework of the credit card agreement between them and the card-issuing bank and to be responsible to the bank. In such a case, the relevant bank may take legal action, and the BUYER may be responsible for any arising costs and attorney fees. In any case of the BUYER’s default, the BUYER agrees to compensate the SELLER for any damages and losses incurred due to the delayed performance of the debt.

• EVIDENCE AGREEMENT AND COMPETENT COURT:

In resolving any disputes that may arise from this Contract and/or its implementation, the SELLER's records (including records in magnetic media such as computer and audio records) will constitute conclusive evidence.

In case of any disputes arising from the Distance Sales Agreement, if the party to the Agreement is an individual Consumer Buyer, the Consumer Problems Arbitration Committee or Consumer Courts at the place where the Buyer purchased the product or where their residence is located, within the monetary limits set by the Ministry of Customs and Trade, shall be authorized. If the party to the Agreement is a legal entity Buyer, the Ankara Courts and Execution Offices will have jurisdiction.

In the event of any disputes arising from this contract, the Law on the Protection of Consumers, the Regulation on Distance Contracts, and the Regulation on Amending the Regulation on Distance Contracts published in the Official Gazette No. 31932 dated August 23, 2022, as well as the laws and regulations in effect at the time of the dispute, shall apply.

• ENFORCEMENT:

If payment is made for an order placed through the website, the BUYER is deemed to have accepted all the terms of this Agreement. The SELLER is obliged to make the necessary software arrangements to ensure that the BUYER cannot place an order on the website without confirming that they have read and accepted this Agreement.

For any questions or suggestions regarding our privacy policy, you can send an email to info@enermak.com. You can reach us through the contact information below:

Company Name: Enermak Energy Machinery and Construction Industry Trade Limited Company

Address Ostim/1234th Street No:125 Yenimahalle/Ankara

Mail: info@enermak.com

Phone: 0312 385 11 02