Terms & Conditions

Terms and Conditions of HMK

I. Scope of the Terms and Conditions

All purchase and supply contracts are subject to our General Business Terms. Contrary or additional terms and conditions of the customer and oral agreements are binding for us only if confirmed in writing.

Conclusion of Contract

A contract is formed through an offer and its acceptance. If shipment is confirmed by email, the contract is concluded upon sending the email or, at the latest, upon delivery of the goods to the customer. Our offers, based on the order data provided, are binding for 10 working days, unless otherwise stated, and beyond that without obligation.

Incomplete or ambiguous details in the purchase order/order resulting in incorrect deliveries are the customer's responsibility. The article number of our company is decisive for all deliveries. All subsequent changes initiated by the customer will be charged to them.

Changes or cancellations of orders for goods already in production or being processed are not possible. Information and advertising documents' diagrams, dimensions, and weight details are non-binding. Printing errors, mistakes, changes, and technical improvements are reserved.

For our internet shops:

1. The purpose of the contract is the sale of goods. Our internet offers are non-binding and do not constitute a binding contract offer.

2. A binding purchase order can be submitted using our online shopping basket system. By clicking the appropriate icon, the selected goods are added to the "Basket." After proceeding to the "Checkout" and entering personal data, payment, and shipping preferences, a final order summary with all purchase details is displayed. By clicking "Purchase," a binding order is submitted. An automated email confirming the receipt of the purchase order does not constitute a contract.

3. The acceptance of the offer (and thus the conclusion of the contract) will be sent within 2 business days by written confirmation (e.g., email) confirming the purchase order processing or goods dispatch (order confirmation). Failure to receive notification releases the customer from their purchase order. Refunds for services provided, if applicable, will be made promptly.

4. Non-binding inquiries may be made. We will submit a binding offer in writing (e.g., email) valid for 10 days.

5. Order processing and necessary information for contract conclusion are communicated via email, partially automated. Therefore, it is essential to provide a correct email address and ensure receipt, avoiding interference from SPAM filters.

6. The shop operator HMK Display may instruct its subsidiaries to execute the order.

Prices

All prices are net and do not include shipping, packaging, transport costs, and applicable value-added tax. Since our products are primarily intended for commercial customers, net prices are displayed.

Delivery Times

Goods will be produced and made available as soon as possible. Delivery deadlines are considered expected delivery times (not applicable for orders through our internet shops). Claims for damages due to non-fulfillment or delayed delivery are excluded. Partial deliveries cannot be refused.

For our internet shops:

Goods will be delivered within 3-5 working days within Germany and 4-10 working days to other EU countries following the receipt of the order confirmation (for proforma payment, lead time begins upon receipt of payment). No deliveries are made on Saturdays, Sundays, and public holidays.

Shipment and Transfer of Risk

For commercial customers, the risk transfers when goods are handed over to the carrier or freight forwarder or when they leave our shipping locations but no later than delivery to the customer. End consumers (as per § 13 BGB) assume risk upon goods handover or delivery. Dispatch routes and packaging are at our discretion. We are not liable except for willful intent and gross negligence. Express and special delivery costs are borne by the buyer.

Property Rights

We reserve property rights to the goods until all claims against the buyer have been settled. In case of improper fulfillment of service obligations, we reserve the right to cancel the contract after setting a reasonable deadline. In case of resale, the buyer assigns all claims to us. The buyer is authorized to collect these claims, subject to our right to collect them ourselves.

Printed Products

Charges apply for preliminary work ordered by the customer, such as sketches, blueprints, sample sets, and similar items. The customer is responsible for verifying the accuracy of preliminary and intermediate products sent for correction. We are not liable for minor deviations in colored reproductions or surplus/shortfall in deliveries of up to 10% of the ordered quantity.

Right of Revocation for Consumers

Consumers have a right of withdrawal for distance selling contracts (§ 312b BGB). (A consumer is any natural person not primarily engaged in commercial or self-employed activities.)

Revocation Instructions

Right of Revocation

You have the right to withdraw from the contract within 14 days. The withdrawal period is 14 days from the day you or a third party, other than the carrier, takes possession of the goods or, in the case of multiple goods ordered in one order and delivered separately, the last item. To exercise your right of withdrawal, you must inform us (HMK Display, Ortaköy Ambarlıdere Yolu No:6, Lotus World AVM Kat:4 34347 Ortaköy - Beşiktaş / İstanbul) by a clear statement (e.g., a letter sent by mail, fax, or email) of your decision to withdraw from this contract. You may use the enclosed "right of revocation" sample letter, but its use is not mandatory.

Consequences of Withdrawal

If you withdraw from the contract, we will refund all payments received from you, including delivery charges (except for the additional costs resulting from your choice of a different delivery method than the most favorable standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will make the refund using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the refund.

We may withhold the refund until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Right of Revocation/Right to Return (for Commercial Buyers)

Commercial buyers do not have a right to return or revocation. Return shipment of goods can only be made after coordination with us in case of incorrect deliveries. We do not accept return shipments sent carriage forward without our written consent. In the case of returning goods wrongly ordered by the customer, a processing fee of 10% of the goods' value will be charged.

Reports of Defects and Warranties

The buyer must inspect the goods and report defects in writing within 8 working days of receipt. Defects in part of the delivered goods do not entitle complaints about the entire delivery. Hidden defects must also be reported in writing within 8 working days of discovery. Warranty claims for commercial buyers have a limitation period of one year. End consumers can report defects within the statutory

warranty period. Minor deviations in quality, color, weight, etc., customary in trade or technically unavoidable, do not justify defect reports. HMK Display may request the buyer to reimburse costs incurred for unjustified defect reports.

Damages

Claims of the customer are subject to general statutory regulations, except as explicitly agreed otherwise. We are liable without limitation for damages resulting from injury to life, body, or health, in cases of willful intent, gross negligence, damages under the Product Liability Act, or as stipulated by mandatory law.

Drawings/Documents/Copyrights

We retain property and copyrights for offers, drawings, samples, and other documents. They must not be disclosed to third parties without our consent. The customer is liable for ensuring that we do not infringe the rights of third parties (especially property, copyrights, and reproduction rights) in executing the order. In case of publication, references to HMK Display should be made in an appropriate manner.

Payment

The customer will receive an invoice, including VAT (if applicable), which is sent electronically via email. Payment is generally made in advance or within 30 days net. Unauthorized deductions will be treated as open items and collected. In case of payment default, dunning fees of €5 per dunning letter (excluding the first reminder) plus postage and default interest as per statutory provisions will be charged. If payment remains overdue after the third dunning letter, our claim may be handed over to a debt collection agency. Subsequent deliveries will be made exclusively against prepayment in case of payment default. In the case of agreed installment payments, non-payment of one installment for two weeks accelerates the remaining outstanding amount's payment. We reserve the right to review the payment method and adapt it if necessary for internet shop orders.

Important Instructions

Your address is stored in our IT system. Please notify us of address changes. If you do not agree with the data storage, we will arrange for immediate deactivation. Orders under €30 net will not be processed. For orders under €50 net, a €5 shortfall charge will be applied. A legal guardian's signature is required for customers under 18 years old. We reserve the right to make surplus and shortfall deliveries up to 10% for special productions.

Copyright Notice

This publication is protected by copyright, and all rights are reserved. Text, photos, and drawings may not be used without written approval from HMK Display, including extracts or modifications, considered a copyright infringement and a criminal act. This applies to duplication, translation, and use with data processing equipment. This publication may contain patents, utility patents, design patents, and trademarks, subject to protection provisions. Color accuracy in images cannot be guaranteed.

II. Customer Information

1. Identity of the Seller

HMK Display

Ambarlıdere Yolu No:6,

Lotus World AVM Kat:-1 34347

Ortaköy – Beşiktaş / İstanbul – Turkey

Phone: +90 212 233 9465

Email: sales@hmkdisplay.com

2. Information Regarding the Conclusion of the Contract

The technical steps for the conclusion of the contract, the contract itself, and the option to make changes are detailed in the "Conclusion of Contract" section of our General Business Terms (part I).

3. Contract Language and Storage of Contract Wording

3.1. Contract language is English.

3.2. The complete wording of the contract will not be saved by us. You may print the contract data using your browser's print option or save them electronically. After receiving your purchase order, we will resend the order data, statutory information for distance selling contracts, and General Business Terms by email.

3.3. For inquiries about products or services outside our online shop system, you will receive contract data along with a formal and binding offer by email, which you can print or save electronically.

4. Essential Features of Goods or Services

The essential features of the goods and services are provided in the product descriptions and additional information on our website.

5. Prices and Payment Terms

5.1. Prices in our quotations and delivery costs are net prices.

5.2. Shipping and handling charges are not included in the purchase price. You can review these costs on our homepage and are specified during the order process. For purchase orders not placed through our online shop system, shipping and handling costs are calculated based on work incurred.

5.3. Available payment methods are displayed on our homepage or specified in the product description.

5.4. Payment is due immediately upon conclusion of the contract unless otherwise specified.

6. Shipping Terms

6.1. Shipping terms, delivery times, and possible delivery limitations are detailed on our homepage. As a consumer, you are responsible for any loss or damage during transit, regardless of insurance. Shipping and delivery are at your risk.

7. Legal Liability for Defects of Goods

7.1. The liability for defects in goods follows the warranty provisions in our General Business Terms (part I).

7.2. Consumers are advised to check the delivery for completeness, obvious defects, and transit damage. Failure to do so does not affect your statutory rights.