DISTANCE SALES AGREEMENT
Article 1- DEFINITIONS
The terms written below will represent the explanations written next to them in the application and interpretation of this agreement.
Law: Law No. 6502 on Consumer Protection
Law: Turkish Code of Obligations No. 6098 (For Companies)
Regulation: Regulation on Distance Contracts (OG: 27.11.2014/29188)
Service: Any kind of consumer transaction other than the provision of goods against payment or benefit
Service Provider: The company or “SELLER” providing services to its customers within the scope of its commercial or professional activities
Customer: Real or legal person acquiring, using, or benefiting from a service offered by the Seller or “BUYER”
Site: The website owned by the SELLER (www.dposphere.com)
Parties: “SELLER” and “BUYER”
Agreement: This agreement concluded between the SELLER and the BUYER
Article 2- PARTIES
Seller: JURCOM Technology Inc.
Address: Kavacık Mahallesi, Okul Caddesi, Güngör Plaza No:21 kat:7 Daire:14, 34810, Beykoz/İstanbul
Phone: +90 216 693 14 43
Email address: [email protected]
Buyer:
Address:
Phone:
Fax:
Email address:
Hereinafter, the BUYER and the SELLER will be collectively referred to as the “Parties.”
Article 3- SUBJECT OF THE AGREEMENT
The subject of this agreement is the electronic purchase made by the BUYER through the online platform established on the website www.dposphere.com owned by the SELLER. The Seller’s responsibility within the scope of this agreement is to determine the rights and obligations of the parties in accordance with the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts dated 27.11.2014 regarding the sale and provision/delivery of the service whose characteristics and sales price are specified within this agreement. The prices listed and announced on the website are sales prices excluding VAT. The right to change the announced prices and payment conditions belongs unilaterally to the SELLER. The prices and conditions of the services sold cannot be changed by the SELLER from the moment the sales transaction is completed. Prices announced for a certain period are valid until the end of the specified period.
Article 4- CHARACTERISTICS OF THE SERVICE SUBJECT TO THE AGREEMENT
The basic features of the trainings offered under this agreement are clearly stated on the website owned by the SELLER. The service provided by the SELLER is online trainings offered via the internet. In case of purchasing the trainings offered by the SELLER through the online platform, the SELLER is not responsible for the participation of the BUYER in the training. Even if the BUYER does not attend the purchased training, the SELLER will be entitled to receive the training fee. The SELLER is not obliged to refund the training fee to the BUYER. The sales price of the service subject to the agreement, including all taxes, has been declared on the website.
Article 5 – BUYER’S OBLIGATIONS
The BUYER declares and undertakes that he/she is informed of all kinds of information regarding the service, including the name, title, address, telephone and other access information of the SELLER, the basic characteristics of the services subject to sale, the legal taxes and supplements including the sales price, the payment method, the place of performance, the conditions of performance, and all preliminary information regarding the service, including the right of withdrawal, and that he/she confirmed this information electronically and purchased the service within the scope of this Agreement. The preliminary information and invoice on the website www.dposphere.com are integral parts of this Agreement, and the BUYER declares that he/she has read and is informed about the basic characteristics of the service subject to the agreement, the sales price, and the payment terms declared on the website www.dposphere.com, and confirmed it electronically. The BUYER acknowledges and declares that he/she accepts that the electronic program named “Zoom,” which will be used by the BUYER during the service within the scope of the website, can operate on the device used by the BUYER during the service, the program is installed on the electronic device, the program works fully, completely, and without errors, and will work during the service provided, and if this program is not available, the BUYER will be responsible for not being able to receive the trainings and the SELLER will not be responsible.
Article 6- SELLER’S OBLIGATIONS
The SELLER acknowledges and declares that the information declared on the www.dposphere.com online platform regarding the subject event of the agreement is correct, accepts that the services offered for sale comply with the specified qualifications, and undertakes that these specified qualifications will be provided during the period the service is provided. If the SELLER cannot perform the service subject to the sales contract within the specified period due to force majeure, it is obliged to immediately notify the BUYER. In this case, the BUYER has the right to cancel the order, request the replacement of the service subject to the agreement with a similar one if available, and/or postpone the service period until the force majeure situation is eliminated. The BUYER accepts and declares that if he/she exercises one of these optional rights, he/she will lose the right to exercise other rights. If the BUYER requests the cancellation of the purchased service; It can be canceled online up to 24 hours before the date and time declared as the date and time when the service will be provided through the online platform. It is necessary for the cancellation request to be sent via the email address [email protected] through the website/online platform, and cancellation requests made in any other way will be deemed not to have been made. In case of canceling the purchased service, if the relevant amount is paid by bank transfer, EFT, or in cash, the paid amount will be refunded to the BUYER by the SELLER within 10 days in the same manner. In payments made by the BUYER via credit card, the paid amount will be refunded to the account of the BUYER within 10 days after the cancellation of the order. The process of refunding the relevant amount to the BUYER’s account will be carried out by the company making the payments, and the BUYER hereby accepts in advance that the SELLER cannot intervene in any way for possible delays.
Article 7- GENERAL PROVISIONS
The content of the service may vary at the discretion of the service provider during the provision of the service. In this case, the SELLER is obliged to refund the service fee to the BUYER. The fact that the services provided last for a shorter or longer period than the previously declared time interval and that the services last longer than planned does not give the BUYER the right to request a refund nor gives the SELLER the right to demand an additional fee from the BUYER for longer training sessions than planned. The SELLER has the right to remove the participant from the service salon and terminate the service for this participant or participants due to negatively affecting the continuation of the service provided during the service, the BUYER cannot request a refund of the amount paid to the SELLER for the service he/she paid for. The BUY
ER declares that he/she is informed about the basic characteristics of the service subject to the agreement, the sales price, and the payment method, as well as the delivery-related preliminary information on the website www.dposphere.com, and confirmed it electronically. By confirming this agreement electronically, the BUYER acknowledges, declares, and undertakes that before the conclusion of the distance contracts, he/she has correctly and completely obtained the address to be given by the SELLER to the BUYER, the basic characteristics of the services ordered, the prices of the services, including taxes, and the payment information. It is a condition that this Agreement is approved by the BUYER and the service fee is paid by one of the payment methods offered by the SELLER for the performance of the service. If the service fee is not paid or does not reach the SELLER’s bank account due to the bank or other intermediary, the SELLER will be deemed relieved of the obligation to perform the service subject to the Agreement. This agreement has been prepared taking into account the provisions of Law No. 6098 on the Turkish Code of Obligations and the Regulation on Distance Contracts No. 29188. This Agreement, read and accepted by the SELLER and the BUYER, enters into force on the date the service fee subject to this agreement is paid to the SELLER.
Article 8 – PAYMENT OF THE SERVICE FEE
In order for the BUYER to make payment by credit card, it is necessary to fill in the credit card information completely and accurately. Payments can be made in a single installment with a credit card, or in installments. In installment transactions, the provisions of the agreement signed between the BUYER and the Bank are valid. The Bank may apply a number of installments higher than the number of installments chosen by the BUYER and/or offer services such as installment deferral by organizing campaigns. Such campaigns are at the discretion of the Bank. In payments made by bank transfer or EFT, the moment of establishment of the Agreement is the date when the payment reaches the SELLER’s bank account. In case the payment is not realized within 2 (two) business days in payments made by bank transfer or EFT, the sales transaction related to the service by the SELLER may be canceled. In case of payment by credit card or similar payment card, if the credit card information declared by the BUYER for use after receiving the service is used by unauthorized persons without the consent of the BUYER, due to unfair or unlawful use, the bank or financial institution does not pay the product price to the SELLER, the SELLER may refrain from performing the service subject to the contract.
Article 9 – NOTIFICATIONS
Any correspondence between the Parties under this Agreement, except for mandatory cases specified in the Law, will be made via e-mail. The BUYER acknowledges, declares, and undertakes that in case of disputes arising from this Agreement, the e-mail correspondences made with the SELLER will be binding, conclusive, and exclusive evidence, and that this article is in the nature of a proof agreement within the meaning of Article 193 of the Code of Civil Procedure. “Force majeure” includes but is not limited to natural disasters, riots, war, terrorism, strikes, changes in legislation, seizure, communication problems, infrastructure and internet failures, power outages, economic crises, and adverse weather conditions, excluding the reasonable control of the relevant party and events that cannot be prevented despite the necessary care.
Article 10 – JURISDICTION
In disputes arising from the implementation of this distance sales contract, Istanbul Courts and Istanbul Enforcement Offices are authorized.
This agreement has been read, accepted, and signed electronically by the parties. In matters not regulated in this distance sales agreement, the provisions of Law No. 6502 on Consumer Protection and relevant legislation shall apply.
BUYER:
SELLER: JURCOM Technology Inc.