Distance Sales Agreement
DISTANCE SALES CONTRACT
- a) SERVICE PROVIDER
|Title||:||Bilen Bilişim Teknolojileri Ticaret LTD. ŞTİ.|
|Address||:||Balmumcu Mh. Bestekar Şevkibey Sk. No:26/2 Beşiktaş/İSTANBUL|
|T.O./No||:||Beşiktaş / 1710590578|
|Phone||:||0(212) 274 21 21|
- b) BUYER
|Name and Surname :|
- c) MOBILE APPLICATION
GeziBilen belonging to the Service Provider.
- 2. SUBJECT MATTER OF THE CONTRACT
The subject matter of this contract is to undertake the rights and obligations of the parties in accordance with the provisions of the Law no. 6502 on the Protection of the Consumer and the Regulation on the Distance Sales Contracts published on the Official Gazette no. 29188, regarding the sales of the service, where the BUYER purchases the GeziBilen mobile application of the SERVICE PROVIDER in the electronic media, and the qualifications and sales price of which is specified below, and the utilization of the service by the BUYER.
- INFORMATION ON THE CONTRACTUAL SERVICE
3.1. All commitments, including the price stated in the contract, shall be valid until they are amended and updated. The promises and prices announced for a period of time shall be valid until the expiry of such period.
The prices listed and announced on the site are the sales prices. The sales price of the contractual goods or services, including all taxes, is shown below.
|Date of Contract||Service Type||Date of Service||Unit Price||Quantity||Amount|
|Payment Method and Schedule||:||Credit Card|
|Name and Surname/Title||:|
4) GENERAL PROVISIONS
4.1. The BUYER acknowledges, declares and undertakes that s/he has read and understood the Preliminary Information Form regarding the basic properties, sales price and payment method of the contractual service and the right of withdrawal in the MOBILE APPLICATION belonging to the SERVICE PROVIDER and has given the necessary confirmation in the electronic media.
4.2. By confirming this contract electronically, the BUYER also confirms that, before the conclusion of the distance contracts, s/he has acquired properly and completely the address to be provided to the consumer by the SERVICE PROVIDER, the basic properties of the service purchased, the price of the service including taxes, payment and delivery information, and the right of withdrawal.
4.3. The parties acknowledge and declare that the provisions of this contract have been prepared taking into account the provisions of the Turkish Code of Obligations and the Law on the Protection of the Consumer, that they do not contain unfair terms, that any of the provisions of this contract are not contrary to the nature and spirit of this contract, that the provisions of this contract were prepared in a clear and understandable manner.
4.4. The BUYER acknowledges, declares and undertakes to make payment at the prices and under the conditions specified in www.gezibilen.com and in the mobile application for access to paid memberships, apart from the sections and features of the MOBILE APPLICATION that are freely accessible.
4.5. If the SERVICE PROVIDER determines that the payment information provided by the BUYER is invalid or overdue, the SERVICE PROVIDER has the right to suspend or cancel the BUYER's membership. The BUYER declares and undertakes that s/he has a legal right to use the bank accounts, credit cards and all payment means s/he will use in relation to the Service and that s/he has the authority to make savings within the scope of these payment amounts. The SERVICE PROVIDER does not collect, store or use the credit/debit card number of the Customer within the scope of payment transactions made through third parties.
4.6. The BUYER acknowledges and declares that the SERVICE PROVIDER may offer special memberships, subscriptions, promotions, discounts and prices, and that s/he shall not be liable for any memberships, subscriptions, promotions, discounts and prices offered by the SERVICE PROVIDER to another BUYER and that s/he cannot claim any rights or adaptations.
4.7. The BUYER acknowledges, declares and undertakes that his/her membership will be renewed in return for a fee, unless s/he requests or notifies the SERVICE PROVIDER via e-mail that s/he does not want his/her membership to be renewed.
4.8. The SERVICE PROVIDER acknowledges, declares and undertakes that it will inform the BUYER with an e-mail it will sent within 48 hours at the latest after the request and notification sent to it in case the BUYER requests detailed information after his/her membership, subscription, and service purchase and if s/he has a problem with using the service, and that it will take the necessary initiatives to eliminate the problem.
4.9. The BUYER accepts, declares and undertakes that s/he cannot transfer the service, membership, subscription, promotion and gifts s/he has purchased to any third person.
4.10. The BUYER acknowledges and declares that the service, membership, subscription and special promotions, gifts and discounts provided to him/her may change, and that the SERVICE PROVIDER does not guarantee that its services are continuous.
5) RIGHT OF WITHDRAWAL
5.1. The BUYER has the right of withdrawal within 14 (fourteen) days from the delivery of the contractual product/service to himself/herself or the person/organization at the address s/he specified, without assuming any legal or penal responsibility and giving any reason, provided that the goods/services have not been used. The withdrawal notification to be made to the SERVICE PROVIDER for the exercise of the right of withdrawal must be made by the BUYER in writing or through a continuous data carrier, in accordance with the Regulation on Distance Sales Contracts, within 14 (fourteen) days from the delivery of the product/service. Therefore, the BUYER must request a return in writing to the mailing address of the SERVICE PROVIDER above, via the customer services telephone line or the mail address email@example.com.
In case the right of withdrawal is exercised,
5.2. The SERVICE PROVIDER is obliged to return the total price and all documents that put the BUYER under debt to the BUYER, and to take back the product/service within 14 (fourteen) days at the latest, following the return of the product/service together with its invoice.
5.3. Return amounts shall be refunded through the payment method used during the order. Return amounts for purchases shall be refunded to the BUYER's credit card account. The relevant bank rules are reserved for refund payments to be made to the credit card.
6) PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
6.1. The BUYER cannot exercise his/her right of withdrawal for the products and services produced in accordance with the special requests and demands of the BUYER, or which have been customized by making changes or additions. In addition, the BUYER cannot exercise his/her right of withdrawal in the case of goods that cannot be returned due to their nature, which are likely to deteriorate rapidly or expire. Therefore, in accordance with the Regulation, it is not possible to return disposable products that were prepared in line with the requests of the BUYER or clearly his/her personal needs and that are not suitable for return due to their nature, the product/service/audio/image recordings that can be downloaded to the device, goods that are in danger of spoiling quickly or that are likely to expire, and the audio and image records, software programs and computer consumables if their packaging has been opened by the BUYER.
6.2. The books, reproducible software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridge, tape, etc.) can be returned if their packaging is unopened, untested, intact and unused.
7) BUYER’S DEFAULT
In case of BUYER’s default, the BUYER acknowledges, declares and undertakes to pay the loss and damage of the SERVICE PROVIDER due to delayed performance of the debt. In cases where the BUYER’s default is caused by the fault of the SERVICE PROVIDER, the BUYER shall not be obliged to meet any claim for loss or damage.
8) COMPETENT COURT
During the implementation of this contract, the Consumer Arbitration Committees and Consumer Courts in the place where the BUYER purchased the goods/services or where his/her settlement is located shall be authorized for the applications of the BUYER regarding the complaints and objections of the BUYER up to the amount announced by the Ministry of Customs and Trade of the Republic of Turkey.
SERVICE PROVIDER : Bilen Bilişim Teknolojileri Ticaret LTD. ŞTİ.