Terms & Conditions

GENERAL TERMS AND CONDITIONS

Article 1 – Definitions

In these General Terms and Conditions:

• Cooling-off Period: The period during which the Client may exercise the Right of Withdrawal.

• Client: A natural person, not acting in a professional or commercial capacity, who enters into a distance contract with the Company.

• Day: Calendar day.

• Extended Transaction: A distance contract concerning a series of products and/or services, the delivery and/or purchase obligation of which is spread over a period of time.

• Durable Data Carrier: Any means that allows the Client or the Company to store information directed to them in a way that permits future reference and unchanged reproduction.

• Right of Withdrawal: The Client’s right to terminate the distance contract within the cooling-off period without giving reasons.

• Standard Form: The withdrawal form provided by the Company for exercising the Right of Withdrawal.

• Company: The natural or legal person offering products and/or services to Clients via distance sales methods.

• Distance Contract: A contract concluded solely by means of one or more distance communication techniques without the Client and Company being simultaneously present.

• Distance Communication Techniques: Means such as internet, phone, or email, that allow concluding a contract without physical presence.

• General Terms and Conditions: This document.

Article 2 – Company Identity

Pschiptuning Promech Otomotiv San .Tic. Ltd. Şti.
Address: Atatürk Oto Sanayi Sitesi 1 Kısım 40 Sokak No 283 Sarıyer Maslak - Istanbul / TÜRKİYE
Phone: +90 536 216 8164 (available during business hours)
Email: [email protected]
Trade Registry/MERSIS No: [] – Tax No: [] – VAT No: []

Article 3 – Applicability

1. These terms apply to all offers by the Company, as well as to all distance contracts and orders concluded between the Company and the Client.

2. Before concluding a contract, the Client may review these terms. Upon request, they will be provided free of charge in writing or electronically.

3. In case of conflicting product/service-specific conditions, the more favorable provision for the Client shall prevail.

4. If any provision becomes void or unenforceable, the remaining provisions remain valid, and the parties shall replace the invalid clause with one that reflects the original intent as closely as possible.

5. Unregulated situations and interpretation ambiguities shall be assessed in the spirit of these Terms and Conditions.

Article 4 – The Offer

1. Any limited validity period or conditions of the offer shall be explicitly stated.

2. Offers are generally non-binding; the Company may amend them.

3. Product/service descriptions must be accurate and sufficiently detailed; obvious errors or misprints are non-binding.

4. Images may be illustrative; color variations may occur due to display differences.

5. Each offer includes details such as:

   • Price (including taxes),

   • Shipping costs,

   • Method of conclusion,

   • Right of Withdrawal (if applicable),

   • Payment, delivery, and execution methods,

   • Offer validity,

   • Any additional communication costs,

   • Storage and access of contract records,

   • Information review/correction procedure,

   • Available contract languages,

   • Codes of conduct (if applicable),

   • Minimum duration for extended contracts.

Article 5 – Conclusion of the Contract

1. A contract is formed when the Client accepts the offer electronically and all conditions are met.

2. The Company confirms receipt of acceptance electronically without undue delay; until confirmed, the Client may cancel.

3. The Company takes technical and organizational measures to secure data transfers and payment transactions.

4. The Company may lawfully assess the Client’s ability to fulfill obligations; it may refuse or impose special conditions if necessary.

5. Upon delivery, the Company provides:

   • Address for complaints/returns,

   • Withdrawal conditions and exclusions,

   • Warranty and after-sales service information,

   • Termination requirements for contracts exceeding one year or indefinite term.

6. For extended transactions, these apply only to the first delivery.

7. Each contract is subject to product availability.

Article 6 – Right of Withdrawal

Products:

1. The Client may withdraw within 14 days after receiving the product, without reason.

2. During this period, the Client may handle the product only as necessary to evaluate it.

3. Withdrawal must be notified within 14 days; the product must be returned within another 14 days, preferably in original packaging.

4. If no timely withdrawal is made, the purchase becomes binding.

Services:
5. The Client may withdraw within 14 days of concluding the service contract.
6. Withdrawal instructions are provided at the time of offer or at delivery.

Article 7 – Costs and Refunds upon Withdrawal

1. The Client bears the direct cost of returning goods.

2. The Company refunds payments within 14 days after product return or upon proof of dispatch.

Article 8 – Exclusions from Withdrawal

Withdrawal may be excluded for:

• Custom-made or personalized products,

• Unsealed software, digital content, or audio/video recordings,

• Services that commenced within the cooling-off period with Client’s consent.

Article 9 – Price

1. Prices remain unchanged during the validity of the offer, except for:

   • VAT rate changes,

   • Legal or regulatory changes.

2. Prices include VAT.

3. Misprints or typographical errors are not binding.

Article 10 – Conformity and Warranty

1. The Company ensures products/services comply with the contract, offer specifications, reasonable reliability, and legal requirements at the time of contracting.

2. Warranties by manufacturer/importer/Company do not affect statutory rights.

3. Defects must be reported within 2 weeks of delivery; returns should be in original condition/packaging.

4. Warranty equals manufacturer’s warranty but excludes:

   • Unauthorized repair/modification by Client or third parties,

   • Abnormal or improper use,

   • Future legislative changes affecting product characteristics.

Article 11 – Delivery and Execution

1. The Company exercises due care in order fulfillment.

2. Delivery address is the one provided by the Client.

3. Delivery occurs within 30 days unless otherwise agreed; delays entitle the Client to cancel without costs.

4. Delivery dates are indicative; no damages may be claimed for delays.

5. Upon cancellation, refunds are made within 14 days.

6. If unavailable, a replacement product may be offered; withdrawal remains applicable, and return costs are borne by the Company.

7. Risk of damage/loss transfers to the Client only upon delivery.

Article 12 – Extended Transactions: Termination and Renewal

• Termination:

  1. Indefinite contracts may be terminated by the Client with max. 1-month notice.

  2. Fixed-term contracts may be terminated at the end of the term with max. 1-month notice.

  3. Termination must be as easy as conclusion.

• Renewal:
  4. Fixed-term contracts cannot be renewed without mutual consent.

• Duration:
  5. Contracts exceeding one year may be terminated by the Client with 1-month notice, unless unreasonable.

Article 13 – Payment

1. Unless agreed otherwise, payments are due within 7 business days after the cooling-off period begins.

2. Errors in payment details must be reported immediately.

3. In case of late or non-payment, the Company may charge legal interest and reasonable costs.

Article 14 – Complaints

1. The Company maintains a published complaints procedure.

2. Complaints must be submitted in writing within 7 days of arising.

3. The Company responds within 14 days; if longer is needed, an expected timeline is provided

Article 15 – Disputes and Governing Law

1. These Terms are governed by Turkish Law.

2. Mandatory consumer protection laws of the Client’s country of residence remain applicable.

3. Jurisdiction lies with Istanbul Courts and Enforcement Offices.

4. The CISG (UN Convention on International Sale of Goods) shall not apply.

Article 16 – Additional or Deviating Provisions

Additional or deviating provisions may not disadvantage the Client and must be provided in writing or on a durable medium.

Article 17 – Credits

1. The Company may operate a prepaid credit system; credits are pre-purchased and added to the Client’s account.

2. Credits remain valid as long as the account is active; they do not expire with time.

3. If the account is closed, unused credits are canceled and non-refundable.