These Terms and Conditions ("Terms") govern your access to and use of the website operated by Herman İç ve Dış Ticaret Limited Şirketi ("Herman", "we", "us", "our") and all sub-pages thereof (the "Website").
By accessing, browsing or otherwise using the Website you confirm that you have read, understood and agreed to be bound by these Terms and by our Privacy Policy and Cookie Policy. If you do not accept these Terms, please do not use the Website.
2.1 The Website is an informational and promotional platform. It presents Herman's fields of activity, sectoral capabilities, geographic reach and selected project references.
2.2 The Website contains no online sales, ordering or payment functionality. No goods or services can be purchased through the Website and no payment instruments are accepted through it.
2.3 Nothing on the Website constitutes an offer, a public offer, a binding quotation, a commitment to supply, a warranty of availability, or an invitation to enter into a contract within the meaning of the Turkish Code of Obligations No. 6098 or any other applicable law. All product descriptions, capacities, quantities, specifications, lead times, prices and geographic availability are indicative only.
2.4 A binding commercial relationship between Herman and a counterparty arises only upon the signature of a written contract, or upon Herman's written confirmation of an order, proforma invoice or sales contract executed outside the Website. In case of conflict, the individually negotiated contract prevails over the Website content.
2.5 Any transaction concluded with Herman will be governed by internationally accepted trade practices, including the Incoterms® 2020 rules of the International Chamber of Commerce where expressly incorporated, the applicable customs and export control legislation and, where applicable, the United Nations Convention on Contracts for the International Sale of Goods (CISG), in each case as specified in the relevant contract.
3.1 You may access and view the Website for lawful business and informational purposes.
3.2 You agree not to:
3.3 We reserve the right to restrict or block access to the Website in the event of a breach of this Section, without prejudice to any other remedy.
4.1 The contact form is provided so that you may send us a commercial enquiry. It collects your name and surname, your e-mail address and your project details.
4.2 By submitting the form you warrant that the information you provide is accurate and that you are entitled to disclose it. You must not submit special categories of personal data or third-party confidential information.
4.3 Enquiries are answered as a matter of commercial courtesy. We give no undertaking that any enquiry will receive a response, a quotation or an offer, nor any undertaking as to response time.
4.4 Information you submit is processed as described in the Privacy Policy. Any technical or commercial idea, specification or suggestion you send us on a non-confidential basis may be used by us without restriction or compensation, unless a separate non-disclosure agreement has been signed between us. If your enquiry is confidential, please request a non-disclosure agreement before disclosing sensitive details.
5.1 All content on the Website — including text, layout, graphics, photographs, illustrations, diagrams, project descriptions, logos, trade names, icons, software and source code — is owned by Herman or licensed to Herman and is protected by the Turkish Industrial Property Law No. 6769, the Law on Intellectual and Artistic Works No. 5846 and applicable international treaties.
5.2 "Herman" and the Herman logo are trade names and/or trade marks of Herman İç ve Dış Ticaret Limited Şirketi. No licence to use them is granted by these Terms.
5.3 Third-party trade marks, product names and project references appearing on the Website remain the property of their respective owners and are used for identification purposes only. Their appearance does not imply any endorsement, partnership or affiliation unless expressly stated.
5.4 You may not remove, obscure or alter any copyright, trade mark or other proprietary notice.
6.1 The Website content is provided "as is" and "as available". While we take reasonable care to keep it accurate and current, product specifications, availability, capacities, regulatory requirements and market conditions in international trade change frequently.
6.2 To the fullest extent permitted by law, we exclude all warranties, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness or uninterrupted availability of the Website.
6.3 We do not warrant that the Website will be free of errors, defects or malicious code, or that any defect will be corrected within a specific period.
7.1 To the fullest extent permitted by applicable law, Herman, its directors, employees and agents shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profit, revenue, business, contracts, anticipated savings, goodwill or data, arising out of or in connection with the use of, or inability to use, the Website.
7.2 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any liability that cannot lawfully be excluded.
7.3 Where liability cannot be excluded, our aggregate liability arising out of your use of the Website shall be limited to [ ].
7.4 The limitations in this Section apply to your use of the Website only. Liability under any individually negotiated supply, sourcing or project contract is governed exclusively by that contract.
The Website may link to third-party websites. Such links are provided for convenience. We do not control and are not responsible for the content, products, services, availability, security or privacy practices of any linked website, and their inclusion does not imply endorsement.
9.1 Herman conducts its business in compliance with applicable Turkish, European Union, United Nations, United Kingdom and United States export control, sanctions and anti-money laundering legislation, as applicable to the relevant transaction.
9.2 By contacting us you confirm that you are not, and are not acting on behalf of any person or entity that is, subject to any applicable trade sanctions or export restrictions, and that the goods or services enquired about will not be used for any prohibited purpose or diverted to any sanctioned destination or end-user.
9.3 We reserve the right to decline any enquiry or transaction that could give rise to a breach of such requirements, or that we consider incompatible with our compliance policies, without giving reasons.
10.1 We may modify, suspend, restrict or withdraw all or part of the Website at any time, with or without notice, including for maintenance, security or commercial reasons.
10.2 We may amend these Terms at any time. The revised version takes effect once published on this page with an updated date. Your continued use of the Website after publication constitutes acceptance of the revised Terms.
Your use of the Website is also governed by our Privacy Policy and Cookie Policy, which form an integral part of these Terms.
We shall not be liable for any failure or delay in the operation of the Website resulting from events beyond our reasonable control, including natural disasters, earthquakes, fire, epidemic, war, civil unrest, terrorism, strikes, embargoes, sanctions, changes in law, port or customs closures, failures of telecommunications networks, hosting provider failures or cyber-attacks.
If any provision of these Terms is found invalid, illegal or unenforceable, that provision shall be severed and the remaining provisions shall remain in full force and effect. Our failure to enforce any provision shall not constitute a waiver of that or any other provision.
These Terms, together with the Privacy Policy and the Cookie Policy, constitute the entire agreement between you and Herman regarding your use of the Website, and supersede any prior understanding regarding that subject matter.
15.1 These Terms and any non-contractual obligations arising out of or in connection with them are governed by the laws of the Republic of Türkiye.
15.2 The İzmir Courts and Enforcement Offices shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms.
15.3 Where you are a consumer resident in the European Economic Area, this Section does not deprive you of the protection of the mandatory provisions of the law of your country of habitual residence.
Herman İç ve Dış Ticaret Limited Şirketi
Çınarlı, 1572. Sk. No:33, Office No 121, 35250 Konak / İzmir, Türkiye
E-mail: [email protected]
Trade registry no.: [ ] · Tax office / no.: [ ] · MERSIS no.: [ ]