Terms of Use

1. Parties and scope

These terms of use govern the website habibmakina.com.tr operated by Habib Makina Sanayi ve Ticaret Anonim Şirketi (“the Company”) and the services offered through it.

The Company owns and operates the site; its identifying details are below. Its postal address, telephone number and e-mail address appear in the “Contact us” block at the foot of this page.

By visiting the site, sending a request form or opening an account you are deemed to have accepted these terms. If you do not accept them, please do not use the site.

• Registered name: Habib Makina Sanayi ve Ticaret Anonim Şirketi
• MERSIS (central registry) number: 0454001184200010
• Tax office and tax number: Şişli Tax Office — 4540011842
• KEP (registered electronic mail) address: habibmakinasan@hs01.kep.tr

2. What the site is for

The site exists to present the products of the brands the Company distributes, to share technical documents and to receive requests. It is not an e-commerce site: nothing is sold directly through it, no prices are shown and no payment is taken.

Because no distance sales contract is concluded through the site, the pre-contractual information and right-of-withdrawal provisions of Turkish Law No. 6502 on Consumer Protection and of the Distance Contracts Regulation do not apply to the use of the site. Those provisions fall to be assessed on the nature of any contract concluded separately.

The technical specifications, capacity figures, images and documents on the site are based on information published by the manufacturers and are provided for guidance. A manufacturer may change them without notice; the information that governs an order is the written quotation sent to you.

3. Opening an account and keeping it secure

An account is optional; you do not need one to send a request. You are responsible for the accuracy and currency of the information you give when opening one.

The site is intended for commercial use and an account may only be opened by a person over eighteen. Your password must be at least ten characters long and contain a letter and a digit; you are responsible for keeping it confidential and for everything done through your account. Tell us at once if you notice unauthorised use.

4. Reseller accounts

A reseller account is opened on application and with the Company's approval; accepting an application is at the Company's discretion. Until it is approved, the account continues to be used as a customer account.

The discount rates and commercial terms shown in a reseller account are confidential and may not be shared with third parties. Breach of this obligation may lead to the account being suspended or closed.

5. Requests and quotations

A request sent through the site is not an order; it is a request for a quotation. Sending it places no obligation on the Company to sell.

A quotation issued by the Company is binding within the validity period, price, delivery time and payment terms stated in it. Product and stock availability is subject to confirmation. A contract is formed when you accept the quotation in writing and the Company confirms the order.

6. Content you upload

You may attach files such as machine photographs and spare-part lists to your request. A request may carry at most ten files, and each file may be at most 25 MB.

You confirm that you are entitled to dispose of the content you upload and that it does not infringe the rights of third parties. The Company uses what you upload solely to assess and conclude your request.

Files that are unlawful, that infringe the rights of others or that contain malicious software may not be uploaded. The Company reserves the right to remove such content.

7. Unacceptable use

When using the site you agree not to:

• Harvest, copy or reproduce the site's content in bulk by automated means.
• Attempt to gain unauthorised access to the site, its systems or other users' data.
• Take any action that would disrupt the site or place an excessive load on it.
• Open an account or send a request on someone else's behalf or with false information.
• Use the site for any unlawful purpose.

8. Intellectual property

The design, software, texts and layout of the site belong to the Company; product images, technical documents, brand and model names belong to the respective manufacturers. This content may not be copied, reproduced, published or used commercially without the written permission of the Company or the rights holder.

You may download and share product brochures and documents for your own use, provided you do not alter their source or their content.

9. Links to third-party sites

The site may link to third-party addresses such as manufacturer sites and video platforms. The Company is not responsible for the content or the privacy practices of those addresses.

10. Limitation of liability

The information on the site is prepared with care, but the Company does not undertake that the site will operate without interruption or error. Access may be suspended temporarily for maintenance, updates or technical reasons.

The technical data, calculators and product-finder tools on the site are indicative. The final choice of product, its suitability for your application and compliance with occupational safety requirements must be based on the operating and installation manuals and on the information in the quotation. You are welcome to consult our technical team in choosing the right product.

The Company's liability is limited to the fullest extent permitted by the applicable legislation. This clause does not remove any right you may have under consumer legislation.

11. Changes to the service and closing an account

The Company reserves the right to change the content of the site and the features offered. Use in breach of these terms may lead to your account being suspended or closed. You may ask us to close your account at any time.

12. Protection of personal data

The purposes for which your personal data is processed, the legal grounds relied on, whom it is shared with, how long it is kept and how you may exercise your rights are explained in the Privacy Notice (KVKK).

13. Commercial electronic messages

We send campaign and new-product announcements by e-mail only where you have given explicit consent, either when opening your account or afterwards. The date the consent was taken is recorded.

You may withdraw your consent at any time — writing to us is enough, and every commercial message sent also offers a means of refusal. Withdrawing consent affects neither the handling of your request nor the operation of your account. Messages about a request of yours are not commercial electronic messages and are sent regardless of consent.

Commercial electronic messages are governed by Turkish Law No. 6563 on the Regulation of Electronic Commerce and by the Regulation on Commercial Communication and Commercial Electronic Messages. Uploading consent and refusal records to the Message Management System (İYS) is an obligation under that legislation.

The Company is registered with the Message Management System (İYS). The registration is not held under a separate brand name but under the Company's own legal entity — Habib Makina Sanayi ve Ticaret Anonim Şirketi.

14. Changes to these terms

These terms may be updated. The updated text is published on this page with the effective date shown above and takes effect on the date of publication.

15. Governing law and jurisdiction

These terms are governed by Turkish law. The Istanbul Central (Çağlayan) Courts and Execution Offices have jurisdiction over any dispute arising from them. For users who qualify as consumers, the forums prescribed by consumer legislation are reserved.