This privacy policy defines and informs you of how MAKAR uses and protects the information you transmit to us, if any, when you use this site accessible from the following URL: www.makar.com.tr (hereinafter the “Site”).
Please note that this privacy policy may be modified or supplemented at any time by MAKAR, in particular in order to comply with any legislative, regulatory, jurisprudential or technological changes. In such a case, the date of its update will be clearly identified at the beginning of this policy. These modifications are binding on the User as soon as they are put online. It is therefore advisable for the User to regularly consult this privacy policy and the use of cookies in order to be aware of any changes.

I. PERSONAL DATA
In general, it is possible for you to visit the MAKAR Site without providing any personal information about yourself. In any case, you are under no obligation to transmit this information to MAKAR.
However, in the event of a refusal, you may not be able to benefit from certain information or services you have requested. In this respect, MAKAR may in some cases ask you to provide your name, first name, address, e-mail address, telephone number, company (hereinafter referred to as “Personal Information”). By providing this information, you expressly agree that it may be processed by MAKAR, for the purposes indicated in point 2 below as well as for the purposes mentioned at the end of each form.
In accordance with the General Data Protection Regulations adopted by the European Parliament on 14 April 2016, and the amended Data Protection Act of 6 January 1978, MAKAR informs you of the following points:
1. Identity of the controller
The controller is the company MAKAR, whose registered office is located at Kavak str. 11/15, 34197, Istanbul - Turkey
Tel: + 90 212 639 65 60.
info@makar.com.tr  
2. Purposes of the processing operation
MAKAR may process your Personal Information:
(a) for the purpose of providing you with the information or services you have requested (including sending commercial offers, newsletters, white papers, etc.); and/or
(b) for the purpose of collecting information that enables us to improve our Site, products and services (including through the use of cookies); and/or
(c) for the purpose of contacting you about various events related to MAKAR, including but not limited to product updates and customer support; and/or
(d) for the purpose of meeting legal obligations.
3. Recipients
Only MAKAR is the recipient of your Personal Information. These, whether in individual or aggregate form, are never passed on to a third party, notwithstanding the subcontractors used by MAKAR (you will find more information about them in point 7 below). Neither MAKAR nor any of its subcontractors market the personal data of visitors and Users of its Site.
4. Shelf life
The data collected are kept for a limited period of time, depending on the purpose of the processing.
Where the legal basis is the performance of the contract, they shall be kept for the period necessary for the management of the commercial relationship and then deleted in accordance with the requirements of Turkish legislation.
When customer data are used for commercial prospecting purposes, the retention period is three years from the end of the commercial relationship, collection or last contact and then deleted.
5. Computer Rights and Freedoms
You have the following rights regarding your Personal Information, which you can exercise by writing to us at the postal address mentioned in point 1.
Right of access and communication of data
You have the right to access Personal Information about yourself.
However, due to MAKAR’s obligation of security and confidentiality in the processing of personal data, you are informed that your request will be processed subject to proof of your identity, in particular by producing a scan of your valid identity document (in the case of an electronic request) or a signed photocopy of your valid identity document (in the case of a written request).
MAKAR informs you that it will be entitled, if necessary, to object to manifestly abusive requests (in terms of their number, repetitive or systematic nature).
You will find by clicking on the link following a complete legislation developed by the Kişisel Verileri Koruma Kurulu (the “KvKK”).
https://www.resmigazete.gov.tr/eskiler/2016/04/20160407-8.pdf
Right to rectify data
Under this right, the legislation empowers you to request the rectification, updating, blocking or deletion of data concerning you which may prove to be inaccurate, erroneous, incomplete or obsolete.
In addition, you can define general and specific guidelines regarding the fate of personal data after your death. If necessary, the heirs of a deceased person may request that the death of their loved one be taken into consideration and/or that the necessary updates be made.
You will find by clicking on the link following a complete legislation developed by the Kişisel Verileri Koruma Kurulu (the “KvKK”).
https://www.resmigazete.gov.tr/eskiler/2018/03/20180310-6.htm
Right of opposition
The exercise of this right is only possible in one of the following two situations:
1/ When the exercise of this right is based on legitimate reasons; or
2/ When the exercise of this right is intended to prevent the data collected from being used for commercial prospecting purposes.


6. Response times
MAKAR undertakes to respond to your request for access, rectification or opposition or any other additional request for information within a reasonable period of time, which may not exceed 1 month from the receipt of your request.
7. Authorized service providers and transfer to a third country of the European Union
MAKAR informs you that it uses its authorised service providers to facilitate the collection and processing of the data you have provided us.
MAKAR has previously ensured that its service providers implement adequate guarantees and comply with strict conditions regarding confidentiality, use and data protection. In particular, vigilance has been focused on the existence of a legal basis for any transfer of data to a third country.
8. Complaint to the competent authority
If you consider that MAKAR is not fulfilling its obligations with regard to your Personal Information, you may make a complaint or request to the competent authority. In Turkey, the competent authority is the KvKK to which you can send an electronic request by clicking on the following link: https://sikayet.kvkk.gov.tr/
II. COOKIE POLICY
When you first connect to the MAKAR website, you are warned by a banner at the bottom of your screen that information relating to your navigation may be stored in files called “cookies”. Our cookie policy allows you to better understand the provisions we implement when browsing our website. In particular, it informs you about all the cookies on our website, their purpose (part I.) and gives you the procedure to follow to set them (part II.)
1. General information on cookies on the MAKAR website
MAKAR, as the publisher of this website, may install a cookie on the hard disk of your device (computer, tablet, mobile etc.) in order to guarantee you a smooth and optimal navigation on our website.
Cookies” are small text files of limited size that allow us to recognize your computer, tablet or mobile phone in order to personalize the services we offer you.
The information collected through cookies does not in any way identify you by name. They are used exclusively for our own purposes to improve the interactivity and performance of our website and to send you content tailored to your interests. None of this information is communicated to third parties except when MAKAR has obtained your prior consent or when the disclosure of this information is required by law, by order of a court or any administrative or judicial authority authorised to deal with it.
To help you better understand the information that cookies identify, you will find below a table listing the different types of cookies that may be used on the MAKAR website, their name, their purpose and their storage period.
2. Configuring your cookie preferences
You can accept or refuse the deposit of cookies at any time
When you first connect to the MAKAR website, a banner briefly presenting information about the deposit of cookies and similar technologies appears at the bottom of your screen. This banner warns you that by continuing to browse the MAKAR website (by loading a new page or by clicking on various elements of the site for example), you accept the placement of cookies on your device. You are also deemed to have given your consent to the deposit of cookies by clicking on the “X” icon to the right of the banner at the bottom of your screen.
Depending on the type of cookie involved, it may be necessary to obtain your consent to deposit and read cookies on your device.
a. Cookies exempt from consent
In accordance with the recommendations of the Kişisel Verilerin Korunması Kurulu (KvKK), certain cookies are exempt from prior collection of your consent insofar as they are strictly necessary for the operation of the website or have the exclusive purpose of allowing or facilitating communication by electronic means. These include session ID, authentication, load balancing session cookies and cookies to customize your interface. These cookies are entirely subject to this policy insofar as they are issued and managed by MAKAR.
b. Cookies requiring the prior collection of your consent
This requirement applies to cookies issued by third parties that are described as “persistent” as long as they remain on your device until they are deleted or expire.
As such cookies are issued by third parties, their use and storage are subject to their own privacy policies, a link to which is provided below. This cookie family includes audience measurement cookies (including Google Analytics), advertising cookies (which MAKAR does not use) and social network sharing cookies (including Facebook, YouTube, Twitter and LinkedIn).
Audience measurement cookies collect statistics about the use and usage of various elements of the website (such as the contents/pages you have visited). These data contribute to improving the ergonomics of MAKAR’s website. We do not collect your personal information (such as your name or address).
An audience measurement tool is used on this website:
Google Analytics, you can set not to send any information to the Google Analytics service.
Social network sharing cookies are issued and managed by the publisher of the social network concerned. Subject to your consent, these cookies allow you to easily share part of the content published on the MAKAR website, in particular through a “button” application sharing according to the social network concerned. Four types of social network sharing cookies are available on the MAKAR website:
Facebook, whose cookie policy can be viewed by clicking on the following link: https://www.facebook.com/policies/cookies/
LinkedIn, for which you can find the cookie policy by clicking on the following link: https://www.linkedin.com/legal/cookie-policy?_l=tr_TR
Twitter, for which you will find options dedicated to controlling or restricting the use of cookies as well as the policy on the use of cookies: https://help.twitter.com/tr/rules-and-policies/twitter-cookies
YouTube, for which you will find the necessary help to delete cookies from the Google Chrome browser by clicking on the following link:https://policies.google.com/technologies/cookies?hl=tr 
c. You have various tools for setting cookies
Most Internet browsers are configured by default so that cookies are allowed. Your browser gives you the opportunity to modify these standard settings so that all cookies are systematically rejected or only part of the cookies are accepted or rejected depending on who issued them.
WARNING: We draw your attention to the fact that refusing to accept cookies on your device may nevertheless affect your user experience and your access to certain services or features of this website. If necessary, MAKAR declines any responsibility concerning the consequences related to the deterioration of your browsing conditions which occur because of your choice to refuse, delete or block the cookies necessary for the functioning of the site. These consequences cannot constitute damage and you may not claim any compensation as a result.
Your browser also allows you to delete cookies that already exist on your device or to notify you when new cookies are likely to be placed on your device. These settings do not affect your browsing but cause you to lose all the benefit of the cookie.Please read below the multiple tools available to you so that you can set up the cookies placed on your device.
d. The configuration of your Internet browser
Each Internet browser has its own cookie management settings. To find out how to change your cookie preferences, you will find below the links to the help you need to access the menu of your browser provided for this purpose please visit your browser website.

GENERAL TERMS AND CONDITIONS OF SALE AND DELIVERY
1. Sales Agreement.  The sale of products by Makar Endüstriyel Yedek Parça İç ve Dış Tic. Ltd. Şti. (“MAKAR”) is governed by these terms and conditions (“Terms and Conditions”).  MAKAR’ offer to sell products to the buyer (“Buyer”) is expressly limited by Buyer’s acceptance of these Terms and Conditions, as evidenced by Buyer’s issuance of a purchase order for product(s), or Buyer’s acceptance of any product under the purchase order, or Buyer’s payment for any product under the purchase order.  Terms, if any, included on any Buyer’s purchase orders, acknowledgment forms or other documents shall not apply and are hereby voided, except any such terms that are expressly agreed to in writing by MAKAR.
Any offers to sell products by MAKAR must be in writing to be valid, and all such offers shall be valid for thirty (30) days from issuance, unless otherwise set forth in such offer. Such offers shall be deemed accepted only upon MAKAR’ receipt of Buyer’s written acceptance, provided that MAKAR receives such acceptance within one (1) week of the expiration of such time limit (such accepted offer, an “Order”).
MAKAR shall not be liable for any errors or miscalculations in Buyer’s Orders.
Buyer may not cancel any Order without MAKAR’ prior written approval, such approval at MAKAR’ sole discretion. In the event MAKAR expressly agrees in writing to permit Buyer to cancel an Order, Buyer will compensate MAKAR for all costs and losses attributable to the cancellation. Subject to the warranty set forth in Section 9, products purchased under these Terms and Conditions are not returnable.
2. Prices.  All prices include packing, but exclude (and Buyer shall be solely responsible for) costs of loading, shipping, delivery, insurance, installation and commissioning. Prices do not include any fees, taxes or duties relating to the shipment and delivery of any of the products, including without limitations value-added tax (VAT), duty, import and export tariffs and other forms of taxes and excise duties in Turkey and/or the recipient country.
If the currency fixed in an Order is devaluated, such that the rate of exchange between the currency chosen and Euro varies by more than two percent (2%), MAKAR may, at its sole discretion, suspend all performance under the Order and notify Buyer of any price adjustment resulting from the devaluation. Buyer must then notify MAKAR in writing within eight (8) days of the date of MAKAR’ notification whether Buyer wishes to purchase the products at the adjusted price. If Buyer fails to notify MAKAR during such 8-day period, then Buyer’s order will be automatically cancelled. MAKAR shall not be liable for any costs or losses of Buyer attributable to such cancellation.
3. Time of Delivery.  The estimated date of delivery shall be stated in MAKAR’ initial offer to sell products to Buyer and MAKAR will use commercially reasonable efforts to deliver the products within the estimated time to the extent possible.  Delivery dates are estimates only and MAKAR does not guarantee delivery of products on or by any estimated delivery date.  In no event shall MAKAR be liable to Buyer for any costs, fees, penalties or price reductions as a result of any failure to deliver products in accordance with any estimated delivery dates.
Partial deliveries by MAKAR are permitted unless otherwise upon agreed in writing by the parties.
4. Delivery.  Delivery shall be made Ex Works (EXW) (Incoterms 2020), MAKAR’ shipping point. Unless otherwise agreed upon by the parties in writing, Buyer shall arrange for transportation and transport insurance. If Buyer fails to arrange for transportation, MAKAR will choose a method of transportation that it deems appropriate.  In all cases Buyer is responsible for all expenses involved in the shipment and delivery of products (including without limitation loading, freight, shipping, insurance, forwarding and handling charges).
5. Title Transfer.  Title to products shall pass to Buyer as soon as the products have been placed with a transport agent.
6. Drawings, Descriptive Documents, etc.  MAKAR reserves the right to alter measurements and dimensions as well as the design and description of any products.  All data included in catalogues, prospects, circulars, advertisements, illustrated matter and price lists are approximate and shall not be binding unless otherwise agreed upon in writing by the parties. Drawings, descriptive documents, parts lists and other documentation (collectively, “Documentation”) provided or made available to Buyer by MAKAR are confidential information of MAKAR and may be used by Buyer only in connection with the use of the products. Buyer may not copy Documentation or disclose Documentation to any third party.
7. Use of MAKAR’ Products.  Buyer acknowledges and agrees that the products must be used in accordance with all instructions provided by MAKAR and, where stated, products must be operated only by personnel who have received the appropriate training. Any MAKAR products that are to be connected to an electricity supply must be operated only by appropriately trained and qualified personnel, and must not be made available to any personnel without the proper training and qualifications.
8. Rights and Software.  Buyer shall not copy MAKAR’ software or any related documentation, other than as is necessary for back-up copies. Buyer shall not assign any rights in the software. MAKAR grants to Buyer a limited, non-exclusive license to use the software provided with the products solely for the purpose of operating the products in accordance with MAKAR’ written documentation. Notwithstanding that title to the products may pass to Buyer, MAKAR shall remain the exclusive owner of all intellectual property rights of whatever nature including, without limitation, copyrights, patents and patentable inventions, know-how, trade secrets, trademarks and design rights (whether registered, registrable or otherwise) embodied in or otherwise relating to the products (including any software contained therein).  Unless otherwise expressly agreed in writing by MAKAR, all rights (including all intellectual property rights) in and to any customizations, modifications or enhancements made by MAKAR to the products or the software and any design or development work undertaken by MAKAR, whether for or on behalf of Buyer, shall be the exclusive property of MAKAR. Other than as permitted by applicable law, Buyer shall not reverse engineer the products or any part thereof. Buyer shall not remove any proprietary notices and/or branding contained in or otherwise affixed to the products.
9. Warranty, Remedying Defects and Shortcomings, Complaints.  For a period of one (1) year following the date of delivery, and subject to the other provisions of this Section 9, MAKAR warrants that all new products that are purchased directly from MAKAR shall be free of material defects in materials and workmanship.  Buyer’s sole and exclusive remedy, and MAKAR’ sole and exclusive obligation, in the event of any failure of this warranty shall be for MAKAR to, at its option, repair or replace such products free of charge. In no event shall MAKAR be liable for ordinary wear and tear. 
MAKAR does not provide any warranty for third party parts, components or products (including without limitation computers, lasers, traverses, and cameras) that are not supplied by MAKAR.  Such parts, components or products may be warranted by third parties on a “pass through” basis.
The foregoing remedies shall not apply to any product failure caused in whole or in part by (i) Buyer’s failure to operate, maintain or service the products in accordance with MAKAR’s Documentation, (ii) any alteration, modification or repair made to the products other than by MAKAR, or (iii) use of the products for a purpose other than that for which it is intended.
In order to get the benefit of the foregoing warranty, Buyer must immediately inspect the products upon receipt and notify MAKAR in writing immediately after discovering any defect or shortcoming. Buyer shall not ship products back to MAKAR for any reason without MAKAR’ prior written consent. Notwithstanding such consent, MAKAR reserves the right to inspect the products at its facility and to refuse, at its sole discretion, to accept the return of any item if MAKAR determines that the products’ warranty is not applicable for the reasons set forth above. Any defective products or parts forwarded by Buyer to MAKAR for repairs or replacement, shall be carriage paid and at Buyer’s risk. Buyer must clearly indicate the nature of the defect or shortcoming.
The remedy obligations of this Section 9 shall apply to any replacement products or parts only for the same duration of time as for the replaced products or parts.
THE FOREGOING EXPRESS WARRANTIES ARE THE EXCLUSIVE TERMS AVAILABLE TO BUYER AND EXTEND ONLY TO THE ORIGINAL CUSTOMER OF MAKAR OR MAKAR’ AUTHORIZED DISTRIBUTOR, AS THE CASE MAY BE. THE CORRECTION OF ANY DEFECT IN OR FAILURE OF PRODUCTS BY REPAIR OR REPLACEMENT IN ACCORDANCE WITH MAKAR’ POLICIES AS DESCRIBED HEREIN SHALL BE MAKAR’ SOLE AND EXCLUSIVE OBLIGATION AND THE SOLE AND EXCLUSIVE REMEDY OF BUYER FOR ANY AND ALL LOSSES, DELAYS OR DAMAGES RESULTING FROM THE PURCHASE OR USE OF MAKAR’ PRODUCTS.
OTHER THAN THE LIMITED WARRANTY SPECIFICALLY STATED HEREIN, MAKAR DISCLAIMS ALL WARRANTIES WITH RESPECT TO MAKAR’ PRODUCTS, INCLUDING THE PERFORMANCE THEREOF AND ANY SERVICES PROVIDED TO BUYER, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
10. Limitation of Liability.  MAKAR shall not be liable under any contract, tort, strict liability, negligence or other legal or equitable claim or theory for any special, incidental, consequential or indirect damages or for loss of goodwill or business profits, lost revenue, work stoppage, computer failure or malfunction, or for any and all other exemplary or punitive damages arising hereunder or from the use of products, including, without limitation, any such loss or damage relating to personal injury or property damage, even if MAKAR has been advised or was aware of the possibility of such loss or damages. In no event shall MAKAR’ total aggregate liability for any and all damages, losses or liabilities arising hereunder or from the products exceed the amounts actually received by MAKAR from Buyer with respect to the product giving rise to the liability. Buyer shall indemnify MAKAR for any liability arising from Buyer’s (including its employees’ and agents’) use of the products sold (directly or indirectly) by MAKAR.
11. Payment.  Payment shall be due on the date indicated in MAKAR’ proforma invoice.
For late payments, MAKAR may, at its sole discretion, charge interest at the market rate in force in Turkey accruing from the date the payment was due until payment thereof in full together with such interest. The market rate of interest shall be defined as lesser of two percent (2%) above the prime rate as reported in the website of Turkish Central Bank (www.tcmb.gov.tr), and the maximum rate permitted by applicable law. Buyer may not withhold or set off any payment as a consequence of any counterclaims of Buyer.
12. Force Majeure.  MAKAR shall not be liable for failure to perform or for delay in performance due to fire, flood, strike, or other labor difficulty, act of God, act of any governmental authority, riot, embargo, fuel or energy shortage, wrecks or delays in transportation, inability to obtain necessary labor, materials, or manufacturing facilities from usual sources, or due to any cause beyond MAKAR’ reasonable control.  In the event of a delay in performance due to any such cause, the estimated date of delivery or time for completion of performance will be extended by a period of time reasonably necessary to overcome the effect of such delay.  If MAKAR reasonably determines that any such delay in performance is likely to extend for a period of ninety (90) days or more, MAKAR shall have the right to cancel the applicable order upon notice to Buyer with no liability or further obligation to Buyer with respect to such order.
13. Venue.  These Terms and Conditions and any dispute arising hereunder shall be governed by laws of the Istanbul Trade Court, without respect to its conflict of laws rules. Each party hereby consents to personal jurisdiction in any action brought in any such court in Istanbul, consents to service of process by mail made upon such party at its address stated above and waives any objection to venue in any such court or to any claim that any such court is an inconvenient forum.
14. Other Agreements.  These Terms and Conditions shall apply to all sales by MAKAR and may only be modified or amended by a writing executed by an authorized officer of MAKAR.