Distance Sales Agreement

Article 1 – Seller

Name: KMS Endüstriyel Mutfak Makinaları San. ve Tic. Ltd. Şti. Address: İkitelli OSB Mahallesi Eskoop Sanayi Sitesi C-3 Blok No:132 Başakşehir / İstanbul MERSİS No: 0564058162900017 Tax office / number: İkitelli / 5640581629 Phone: +90 541 314 75 75 · Email: info@kms.com.tr Website: shop.kms.com.tr

Article 2 – Buyer

The person or organisation placing the order. The BUYER’s name or company name, tax or Turkish ID number, address, phone number and email address are those given in the order form.

Article 3 – Subject and product details

This agreement covers the sale and delivery of the products the BUYER orders on shop.kms.com.tr. The products’ names, models, quantities, unit prices, VAT and total price appear in the order summary and in the order confirmation emailed to the BUYER, and form an integral part of this agreement. The products’ main characteristics are described on their product pages.

Article 4 – Price and payment

• Prices are in Turkish lira; VAT is shown separately in the order summary. Price changes on the site after an order is placed do not affect that order.
• Payment is made by the methods offered on the site at checkout: bank transfer (EFT) or credit or debit card. Orders paid by bank transfer are confirmed when the payment reaches the SELLER’s account.
• Card payments are taken through the licensed payment institution iyzico; the SELLER never sees or stores card details.
• Shipping and freight costs are not included in the product price; they are paid by the BUYER, to the carrier on delivery.

Article 5 – Delivery

• Products are delivered to the address in Türkiye given by the BUYER in the order form.
• Machines are built to order and handed to the carrier within 15 business days of the payment being confirmed. Spare parts and consumables in stock are usually dispatched the same day. Delivery may not exceed the statutory 30 days from the order date.
• If the SELLER cannot fulfil the order within this period, it informs the BUYER. The BUYER may cancel the order, in which case the full amount paid is refunded within 14 days of the cancellation notice.
• On delivery, the BUYER checks the product and its packaging in front of the carrier’s courier; if there is damage, the BUYER has the carrier record it and informs the SELLER. Damage caused in transit is remedied by the SELLER free of charge, as described in the Delivery & Returns terms.

Article 6 – Right of withdrawal

• A BUYER acting as a consumer may withdraw from the agreement within 14 days of receiving the product, without giving a reason and without penalty.
• Under article 15 of the Distance Contracts Regulation, the right of withdrawal does not apply to goods prepared to the consumer’s requests or personal needs. KMS machines are built after the order to the model and capacity the BUYER chooses and fall under this exception; machines are not accepted for return or exchange.
• To withdraw, the BUYER sends a notice within the 14 days to info@kms.com.tr or to the WhatsApp line +90 541 314 75 75, with the order number. The BUYER returns the product within 10 days of the notice, with its invoice and all its parts; when it is sent with the carrier the SELLER names, the SELLER pays the return shipping.
• The SELLER refunds the amount paid within 14 days of receiving the notice, by the method used for payment. The BUYER is liable for any loss of value caused by use beyond normal handling.
• BUYERS acting for commercial or professional purposes (merchants and legal entities) are not consumers; the right of withdrawal does not apply to them, and the Turkish Commercial Code and Code of Obligations govern the relationship.

Article 7 – Cancelling an order

The BUYER may cancel an order that has not yet gone into production; any payment made is refunded within 14 days. Machine orders already in production cannot be cancelled.

Article 8 – Warranty and defective goods

KMS machines carry a 2-year manufacturer’s warranty. Its scope and conditions are set out in the user manual supplied with the machine. If a delivered product is defective, the BUYER may exercise the rights in article 11 of Law No. 6502; the BUYER’s statutory rights regarding defective goods are reserved.

Article 9 – Personal data

The BUYER’s personal data is processed in accordance with the Privacy Policy and the Privacy Notice (KVKK) published on the site.

Article 10 – Disputes

A BUYER acting as a consumer may apply to the Consumer Arbitration Committee of their place of residence or of the place of the transaction, within the monetary limits announced each year by the Ministry of Trade, and to the Consumer Courts above those limits. For disputes with BUYERS who are not consumers, the courts and enforcement offices of Istanbul have jurisdiction.

Article 11 – Entry into force

Before confirming the order, the BUYER declares having read and accepted the Pre-Information Form, this agreement and the Delivery & Returns terms. The agreement enters into force when the order is confirmed. The SELLER emails the BUYER a copy of the pre-information form and of this agreement, completed with the order. The current text is always available on this page.