DISTANCE SALES AGREEMENT
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GENERAL
If you place an order electronically on the website of MADE Danışmanlık Eğitim Teknoloji Anonim Şirketi, you are deemed to have accepted the preliminary information form and the distance sales contract.
The buyers are subject to the rulings of Consumer Protection Law No.6502 and the Distance Contracts Regulation (RG: 27.11.2014 / 29188) and other applicable laws regarding the sale and delivery of the purchased product.
1. PARTIES
This Agreement has been signed between the following parties under the terms and conditions stated below.
A. 'SELLER'; Cumhuriyet Mah. Adnan Menderes Cad. No: 22 34788 C1-Çekmeköy, Istanbul, Turkey resident at the address MADE Consulting Training Technology Inc. (hereinafter referred to as "SELLER", in the contract)
B. 'BUYER'; Name surname:............................................... ........... Address: ..................................... .................................................. .......................... (hereinafter referred to as "BUYER" in the contract)
By accepting this contract, the BUYER accepts that if the BUYER confirms the order, the BUYER will be under the obligation to pay the amount subject to the order and has been informed about it.
2. DEFINITIONS
In the implementation and interpretation of this contract, the terms below will be defined as such that they are stated in this section of the contract.
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on Consumer Protection,
REGULATION: Distance Contracts Regulation (Official Gazette: 27.11.2014 / 29188)
SERVICE: The subject of all kinds of consumer transactions other than providing goods that are made or committed to be made in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf or account of the goods,
BUYER: Real or legal person who acquires, uses or makes use of a good or service for commercial or non-professional purposes,
SITE: SELLER's website,
ORDERING PARTY: A real or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
PRODUCT: Refers to software, sound, image, and similar intangible goods that are subject to be bought and prepared for electronic use.
3. SUBJECT of the CONTRACT
This Agreement regulates the rights and obligations of the parties in accordance with the rulings of Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts regarding the sale and delivery of the product whose contents and sales price are specified below, which the BUYER has ordered electronically through the website of the SELLER.
The prices listed and announced on the site are the sales price. The announced prices and promises are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
4. SELLER INFORMATION
Title: MADE Consulting Education Technology Inc.
(Sarigazi VD 6100522838)
Address: Cumhuriyet Mah. Adnan Menderes Cad. No: 22-C1 34788 Cekmekoy, Istanbul
Phone: (0216) 312 11 01
Email: info@mobixa.net
5. BUYER INFORMATION
Person to be delivered:
Delivery mail address:
Telephone:
6. ORDERING PERSON INFORMATION
Name / Surname / Title:
Address:
Telephone:
Email:
7. INFORMATION ON THE PRODUCT/PRODUCTS SUBJECT TO THIS CONTRACT
1. The main features of the product or products are published on the website of the SELLER. If a special offer has been organized by the seller, you can also review the basic features of the concerned product during the time limit specified in the special offer. Special offers and conditions are valid until the end of the special offer period specified on the site.
7.2. The prices listed and announced on the site constitute the sales price. The announced prices and pledges are valid until they are updated and changed. The prices announced periodically are valid until the end of the specified period.
8. INVOICE INFORMATION
Name / Surname / Title
Address
Telephone
Fax
Email / username
Invoice delivery:
The invoice will be sent to the buyer as an e-invoice. If the buyer wishes to receive the invoice in hard copy, printing and shipping costs will be added to the invoice separately.
9. GENERAL STATEMENTS
9.1. The BUYER accepts, declares and commits to the fact that he has read the preliminary information about the basic characteristics of the product subject to the contract, the sales price, the payment method and the delivery on the website of the SELLER. The BUYER accepts, declares, and pledges that they have given the necessary confirmation in the electronic environment.
The BUYER accepts, declares and pledges that they have confirmed their Preliminary Information and have received from the SELLER the correct address, the basic features of the PRODUCT ordered, the sales price, including VAT, terms and conditions of the payment and delivery information before the establishment of the Distance Sales contract.
9.2. Each product subject to the contract is delivered electronically to the BUYER or the person and / or organization indicated by the BUYER within 7 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER declares and guarantees that they shall deliver the product subject to the contract complete, in accordance with the specifications highlighted in the order and with the information and documents required by the product, and if any, the warranty documents and user manuals. The SELLER guarantees and declares that they will perform the work according to the principles of integrity and honesty within the required framework of the legal legislation. The SELLER guarantees to uphold and enhance service quality, to show the necessary attention and care during all processes and to act with prudence and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining its explicit approval before the contractual performance obligation expires.
9.5. In cases where it becomes impossible for the SELLER to fulfil its obligations stipulated in the contract, the SELLER guarantees, accepts and declares that the SELLER will notify the BUYER in writing within 3 days and to return all fees associated with the contract within 14 days.
9.6. The BUYER agrees, declares, and undertakes that it will confirm this Agreement electronically for the commencement of delivery of the product concerned in the contract. The BUYER acknowledges, accepts and declares that if the BUYER is unable to pay for the product, or the payment is erased from banking records, the SELLER will be freed from the delivery obligations of the product.
9.7. The BUYER guarantees that in cases where after the delivery of the product, the credit card belonging to the BUYER has been used unlawfully or exploited by third parties and the SELLER has not received the full payment because of such an event, that the BUYER returns the product to the SELLER within 3 days.
9.8. The SELLER accepts, declares and undertakes that it will notify the BUYER if it cannot deliver the product subject to the contract within due time due to force majeure situations such as the occurrence of situations that are not foreseen, preventing and / or delaying the fulfillment of the debts of the parties. The BUYER also has the right to demand from the SELLER to cancel the order, to replace the product subject to the contract with a similar product, and / or to postpone the delivery period until the force majeure situation is reversed. In the event that the order is canceled by the BUYER where the payment transaction has been made with cash, the amount of the product is repaid to the BUYER in cash and in lump sum within 14 days. For the payments made by the BUYER by credit card, the amount paid is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares and acknowledges that the amount repaid by the SELLER to the BUYER through the relevant bank may take up to 3 weeks, as a result of the banking transaction process. In such situations, the SELLER may not be held responsible for the delay of any delayed payments.
9.9. The SELLER reserves the right to reach the BUYER through the BUYER’S address as declared on the registration form on the site, their e-mail address, landline, mobile lines or any other contact point declared by the BUYER with the aims of communication, marketing informing and other purposes. The SELLER may contact the BUYER using letters, e-mails, SMS, phone calls and other communication methods. By accepting this contact, the BUYER accepts and declares that the SELLER may contact the buyer using communication methods mentioned above.
9.10. The BUYER will check whether the product ordered fits the requirements specified by the SELLER at the time of the delivery. The BUYER declares that they will protect the special code given with the product. If the right of withdrawal will be used by the BUYER, the product/service must not be used, and the invoice returned.
9.11. In cases where, during the delivery process, the credit card used to pay for the transaction belongs to a different person or where a security defect is detected before the delivery process in the credit card used during the transaction process, the SELLER reserves the right to demand from the BUYER identification of and communication methods to the rightful owner of the credit card, the previous monthly statement of the credit card or a written statement from the bank declaring that they are the rightful owners of the credit card concerned. The delivery process of the product will be frozen during the time in which the BUYER provides the above-mentioned statements. The SELLER reserves the right to cancel the delivery if any of the above-mentioned demands are not fulfilled within 24 hours.
9.12. the BUYER guarantees that the personal and other information provided to the SELLER on the internet website is true. The BUYER declares and guarantees that in cases of any damages incurred to the SELLER because of falsehood in provided information, the BUYER, when informed by the SELLER, immediately pays in cash all damages incurred as a result.
9.13. The BUYER agrees and undertakes to comply with the obligations of the legal legislation and not to violate them while using the SELLER's website and the digital products purchased. In cases where this clause is breached all legal and penal obligations that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER may not use the SELLER’s website and products purchased from the SELLER in any way that disrupts public order, is immoral, is against the law and harasses the material and moral rights of others. Additionally, the BUYER may not engage in activities increasing the difficulty or outright preventing the usage of the product (spam, virus, truva etc.). The SELLER reserves the right to terminate the usage of product in cases where it is identified that the product is used unlawfully, or a notice has been given by official authorities about such usage.
9.15. On the website of the SELLER, links may be given to other websites/ and or content that is not under the control of the SELLER and belongs to third parties. These links are provided to ease the guidance of the BUYER and do not support any website and/or any persons running the websites. These links do not constitute any guarantee for the information contained in the website.
9.16. The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. In cases where such a violation of this contract may lead to legal repercussions, the SELLER reserves the right to demand compensation.
10. DEFAULT AND LEGAL CONSEQUENCES
The BUYER agrees, declares and undertakes that, in the event that he defaults in the case of payment by credit card, the cardholder will pay interest within the framework of the credit card agreement with the bank and be liable to the bank. In this case, the bank may apply for legal remedies and may demand compensations from the BUYER. The BUYER accepts and declares that in cases where the SELLER may incur losses due to defaulting on the side of the BUYER, the BUYER will pay for all losses incurred by the SELLER.
11. AUTHORIZED COURT
Complaints and objections in disputes arising from this contract will be made to the arbitration committee or the consumer court in the place where the consumer is located or where the consumer transaction is made within the monetary limits specified in the following law. Information on the monetary limit is below:
The value for applications to be made to consumer arbitration committees for 2017, effective from 01/01/2017:
a) District consumer arbitration committees in disputes under 2.400 (two thousand four hundred) Turkish Lira,
b) Provincial consumer arbitration committees in disputes between 2,400 (two thousand four hundred) Turkish Liras and 3,610 (three thousand six hundred ten) Turkish Liras in provinces with metropolitan status.