Distance Selling Agreement
PARTIES
SELLER:
SPARK ELECTROSTATIC MACHINERY INDUSTRY AND TRADE LIMITED COMPANY
Akşemsettin Neighborhood, Petrol Yolu Avenue, Tercih Street No:18
Sultanbeyli – Istanbul / Türkiye
Phone: +90 532 163 85 29
Email: info@guardpowder.com
Hereinafter referred to as the “SELLER”.
BUYER:
Name-Surname, Turkish ID Number, Address, Phone, Email
Hereinafter referred to as the “BUYER”.
This Agreement regulates the rights and obligations of the parties in accordance with the Law on Consumer Protection No. 4077 and the Regulation on Distance Contracts, regarding the sale and delivery of the product ordered electronically by the BUYER through the SELLER’s website (www.guardpowder.com).
The product/service shall be delivered to the person or entity specified as the DELIVERY RECIPIENT at the address provided by the BUYER.
The BUYER declares that they have read and understood all preliminary information regarding the essential characteristics of the product, sales price, payment method, and delivery conditions stated on the SELLER’s website, and has given the necessary confirmation electronically.
The product subject to this Agreement shall be delivered to the BUYER or the designated recipient within the period specified on the website, depending on the distance of the BUYER’s location, provided that it does not exceed the legal period of 14 days.
If the product is to be delivered to a person or entity other than the BUYER, the SELLER shall not be held responsible if the designated recipient refuses to accept the delivery.
The SELLER is responsible for delivering the product complete, undamaged, and in accordance with the specifications stated in the order, along with any applicable warranty documents and user manuals.
The delivery of the product is conditional upon the payment being successfully completed using the BUYER’s chosen payment method.
If the payment is not made or is canceled in bank records, the SELLER shall be deemed released from the obligation to deliver the product.
If, after delivery, the BUYER’s credit card is unlawfully used by unauthorized persons (without the BUYER’s fault) and the bank or financial institution does not pay the SELLER, the BUYER must return the product within 3 days.
If the SELLER is unable to deliver the product within the specified time due to force majeure or extraordinary circumstances, the BUYER shall be informed.
In such a case, the BUYER may:
- Cancel the order
- Request a replacement with an equivalent product
- Postpone delivery until the obstacle is resolved
If the BUYER cancels the order, the amount paid will be refunded within 10 days.
Defective or faulty products (whether under warranty or not) may be sent to the SELLER for repair within the warranty conditions.
In such cases, shipping costs will be covered by the SELLER.
The SELLER shall not be held responsible for typographical errors or incorrect pricing entries.
RIGHT OF WITHDRAWAL
The BUYER has the right to withdraw from the contract within 7 days from the delivery of the product.
To exercise the right of withdrawal, the BUYER must notify the SELLER via fax, email, or phone within this period, and the product must not have been used in accordance with the relevant provisions.
In case of withdrawal:
- The product must be returned with the delivery receipt and original invoice
- The product price will be refunded within 7 days after these documents are received
If the original invoice is not returned, VAT and other legal obligations cannot be refunded.
The shipping cost for returned products is covered by the BUYER.
The right of withdrawal does not apply to:
- Products that cannot be returned due to their nature
- Single-use products
- Copyable software and programs
- Perishable goods or products past their expiration date
Additionally, for eligible products, the right of withdrawal is valid only if the product is unused, unopened, and undamaged.
JURISDICTION
For disputes arising from this Agreement, Consumer Arbitration Committees and Consumer Courts at the place of residence of the BUYER or SELLER shall have jurisdiction, within the monetary limits determined by the Ministry of Trade.
By placing an order, the BUYER is deemed to have accepted all terms and conditions of this Agreement.
(20/10/2025)
Contact
Akşemsettin Neighborhood, Tercih Street No:18 Sultanbeyli / Istanbul, Türkiye
SPARK ELECTROSTATIC MACHINERY INDUSTRY AND TRADE LIMITED COMPANY
Guard has become an innovative and leading brand in Turkey’s electrostatic powder coating industry by achieving numerous milestones and successes since 1993. Throughout its nearly three-decade journey, Guard has taken responsibility for the localization of electrostatic powder coating systems and for positioning Turkey as a global player in this field. With a strong commitment to quality and sustainability, Guard now operates in 20 countries across 4 continents.