DISTANT SERVICE SALES AGREEMENT

 

1. PARTIES

 

  1. INFORMATION ABOUT THE SELLER

 

Company Title           : Mars Sportif Tesisler İşletmeciliği A.Ş.

Tax Office                  : Beşiktaş

Tax ID Number         : 6120525594

MERSİS Number      : 0612052559400010

Address                      : Dereboyu Cd. Ambarlıdere Yolu No: 4 Kat: 1

Ortaköy-Beşiktaş/İstanbul

Telephone                  : 0 212 970 19 00                    Fax: 0 212 227 02 23

E-mail                         : info@nuspa.com.tr               Web: www.nuspa.com.tr

 

  1. INFORMATION ABOUT THE BUYER

 

The Buyer requesting to buy the services selected through the Website knows that the e-mail address declared on the Website shall be deemed valid notification address for any notification made by the Seller. Any notification to the specified e-mail address shall have all the legal consequences of the legally valid notification.

 

  1. DEFINITIONS

 

Withing the scope of this Agreement, the terms used shall have the following meanings:

 

Buyer                                     : The natural / legal person who is a party to this Agreement who purchases the services offered by the Seller / Service Provider for sale through the Website,

Massage/Care Package(s)    : The type of service in which massage, skin care and body care services are offered to include multiple sessions (here in after referred to as Package(s).)

Service(s)                               : Massage, skin care, body care services offered by the Seller / Service Provider as a single session and/or Massage / Care Package on the Website, and/or other types of services that may be offered for sale within the field of activity of the Seller / Service Provider.

Web Site                                 : Website with the domain name www.nuspa.com.tr

Law                                        : Law No 6502 on Consumer Protection

Codes / Coupons                   : The voucher / code issued electronically or physically delivered upon the request of the Buyer that allows the use of the Service(s).

Duration of Use                     : Maximum lifetime of the Service(s) purchased

Location                                : The place where the Service(s) selected by the Purchaser will be performed

Seller / Service Provider      : Mars Sportif Tesisler İşletmeciliği A.Ş. (hereinafter referred to as the “Seller"), whose information is contained in Article 1.1. of the Agreement

Agreement                             : This Distance Sales Agreement

Regulation                             : Regulation on Distance Agreements published in the Official Gazette dated 27.11.2014 and numbered 29188

 

  1. THE SUBJECT OF THE AGREEMENT

 

The subject matter of this Agreement is the sale of the Services by means of remote communication means where the Buyer places an order through the Seller's Web Site electronically, makes the selection via the Web Site and whose qualifications and sales price are specified in the documents transmitted to the Buyer. It is also the determination of the mutual rights and obligations of the Parties in accordance with the provisions of the Law and Regulation on this matter.

 

  1. THE PERIOD OF THE AGREEMENT

 

This Agreement shall enter into force on the date the order is placed by the Buyer. Upon the proper fulfilment of the contractual acts of the Parties, it shall be effective as of that date and in any case upon expiry of the Terms of Use referred to in Article 6.5. for the avoidance of doubt, upon the expiration of the Period of Use of the Service(s) purchased under Article 6.5., the Supplier's obligation to perform the Service(s) subject to the Agreement shall cease to exist. No claim or request shall be made to Seller in this respect.

 

  1. SERVICE INFORMATION AND SALES PRICE SUBJECT TO THE AGREEMENT

 

5.1. Qualifications of the Services subject to the Agreement, Location Name, Service / Package / Information, Reservation Date and Time / Package Start Date and Time, Service / Package Price (Total price including all taxes), Delivery Address at the Purchase of Coupon / Code, Coupon / Code Information regarding the Delivery Fee at the time of purchase is specified in the purchase stages of the Website and in the Distance Sales Agreement and Preliminary Information Form sent to the Buyer.

 

5.2. The Seller reserves the right to make changes to the prices and campaigns specified on the Website. The prices and campaigns on the Website will remain in effect until the Seller makes any changes to this.

 

  1. GENERAL CONDITIONS-INFORMATION ON PAYMENT AND EXECUTION

 

6.1. The Service will be performed in the Location selected by the Buyer through the Website.

 

6.2. In the event that a single session of the Service is purchased by the Buyer, the Service shall be executed on the Reservation Date and Time, on which the Buyer chooses through the Website. In the event that the Buyer buys a Package, the Start Date and Time of the Package selected by the Buyer shall be the first use date of the Package and the performance of the Service shall be commenced as of the mentioned date and time. The dates of the remaining Package usage will be determined by the Buyer upon the reservation request made to the Seller by considering the availability of the aforementioned Location. 

 

6.3. If the Buyer and/or the Service(s) subject to the Agreement are used by a third party other than the Buyer, the person who will use the Service(s) shall certify that they have the right to use the Service(s). 

 

6.4. The Service subject to the Agreement is specific to a single person for a specific date and time. The Buyer acknowledges, declares and undertakes that he is aware of this matter and as a result of this condition is bound by the following rules.  

 

i. The Buyer and/or the Third Parties who will benefit from the Service  are obliged  to comply with the reservation date and time determined by the parties  for the selected Reservation Date and Time, Package Start Date and Time  and/or remaining package use. In the event that the Buyer and/or the Third Parties to whom the Service will be performed without any force majeure experience a delay on the specified dates and times, the duration of the Service shall be interrupted accordingly.

 

ii. The Buyer and/or the Third Parties who will benefit from the Service request changes in the reservation date and time determined by the parties for the selected Reservation Date and Time, Package Start Date and Time and/or remaining Package use and/or for any reason in the event that they are not able to benefit from the Service, they are obliged to notify the Seller 4 (four) hours in advance. In the event of a breach of this obligation without force majeure, the Service shall be deemed to have been performed on the specified date and time and the Parties shall be bound by the consequences thereof. Even in the event of a change in the reservation date and time determined by the parties for the use of the Reservation Date and Time, Package Start Date and Time and/or remaining of the Package in accordance with the terms mentioned in this article, the Buyer shall in any case be bound by the Period of Use referred to in Article 6.5.

 

iii. The Service purchased by the Buyer may not be replaced by any other products or services offered by the Seller for sale.

 

6.5. Duration of Use: The duration of one-session Service(s) is 30 (thirty) days from the date of purchase;  The package(s) of 6 (six)'s expiry date is 6 (six) months from the date of purchase; The expiry date of packages of 10 (ten) and 20 (twenties) is 12 (twelve) months from the date of purchase, and the voucher / Code(s) is 3 (three) months from the date of purchase.  At the end of these periods, Seller's obligation to provide purchased and unused one-session service, Coupon / Code(s), Package(s) and/or unused portion of the Package(s) will cease to exist.  No claim can be made to Seller regarding the Service(s) not used within the Term of Use specified in this article. No claim including refund can be made. 

 

6.6. Persons under 16 (sixteen) years of age may not benefit from the services performed by the Seller.  Seller has no responsibility for providing false information about Buyer's age. Minors over the age of 16 agree that they have the consent of the parent and/or guardian in order to benefit from the Service subject to the Agreement and to carry out the purchase subject to the Agreement.

 

6.7. The Buyer and/or the Third Parties who will benefit from the Service Persons are personally responsible for the privacy of the locker rooms, WCs and special use areas in the Location, as no camera can be found in these areas, and that no valuable items are brought with them, and no valuable and special items are left in locker rooms, inside the lockers and mentioned areas. Persons know that the lockers in the locker rooms do not have the nature of a safe and that in no way jewelry, jewels, watches etc. special and valuable items will be left in these lockers. Persons accept, declare and undertake to act in accordance with this article. However, in the event that valuable and special items are left in the locker rooms, lockers and in the mentioned areas, all responsibility belongs to the person who acts against this obligation. The person concerned is personally responsible for the storage of these goods. For all these reasons, Seller accepts, declares and undertakes that the Seller cannot be held responsible for the losses and damages that may occur in case of violation of this article.

 

6.8. If the Service / Package Fee is not paid by the Buyer, the payment is not realized for any reason, the payment made by the Buyer is canceled in the bank records or the objection of expenditure before the performance of the Service is not paid to the Seller and/or in case of a recover from the Seller; Seller’s obligation to perform the Service will also be eliminated.

6.9.  In the event that the said Service / Package is not paid to and/or recovered from the Seller by the relevant bank or financial institution after the partial or total performance of the Service subject to the Agreement, for the reasons mentioned in Article 6.8. or for any other reasons without limitation; all rights of the Seller arising from the law and other legislation regarding the collection of the Service fee that are performed by the Seller are reserved.

 

6.10. In case the Buyer pays the sales price in installments by credit card, the installment format selected on the website shall be valid. The relevant provisions of the contract signed between the Buyer and the cardholder bank shall be applicable for the installments. The payment date of the credit card is determined by the provisions of the contract between the bank and the Buyer. The buyer can also track the number of installments and payments from the bank statement sent by the bank.

                                                     

6.11. The Buyer is the holder of the credit card that he/she has notified for the collection of the Service Fees subject to the Agreement. In the event that he/she is not the holder of the credit card, he/she accepts that he/she is solely responsible for the claims made by the holder of the credit card.

 

6.12. If the Buyer default on payment of his debt as a result of transactions with the credit card, the Buyer shall pay interest under the credit card contract made by the bank and shall be liable to the related bank. The Buyer shall be liable for any loss or harm incurred to the Seller due to the delayed execution of the debt, in the event of default in paying the debt.

 

6.13. If the Buyer does not pay the price of the Service(s) ordered or the Service price cannot be collected due to lack of required amount in the credit card account, the purchase will not take place. Buyer accepts, declares and undertakes that the time of processing of the order is not the moment when the order is placed, but the moment when the required collection is made from the credit card account, and that the Seller shall not have any obligation regarding the performance of the Service in the event that this collection fails.

 

6.14. The Buyer shall not transfer or assign the rights and obligations arising from this Agreement to third parties. The Buyer is obliged to ensure that it is used in person or by third parties who will benefit from the Service in accordance with the selection of the Service. The Buyer is obliged to inform the Third Parties who will benefit from the Service regarding the rights and obligations mentioned in this Agreement and Article 6 General Conditions Information on Payment and Execution and to ensure that these conditions are observed by the person concerned. Otherwise, Buyer accepts, declares and undertakes that Seller cannot be held responsible.  

 

6.15. The Seller shall notify the Buyer in case it fails to perform in unforeseen circumstances beyond the control of Seller such as natural disasters, war, fire, decisions taken by the government in a way that temporarily or permanently halting the working conditions of the Seller or the Location where the service would be given, and the fulfillment of the Service subject to the Contract becomes impossible. In the event that the related fees have been paid to the Seller, the Seller shall refund the paid price for the periods when the Service cannot be provided to the Buyer within the legal terms.

 

6.16. The Seller is not responsible for price and content errors arising from typesetting and system errors that may occur on the Website.

 

6.17. The Seller may change the terms of use of the Service unilaterally by declaring on its website at its own discretion, without prejudice to the provisions of the applicable legislation. The Buyer accepts, declares and undertakes that it will follow these modified terms through the Website and will be bound by the changes in the conditions of use as of that date.

 

6.18. In case of the demand of physical delivery of the Coupon / Code, the Seller shall deliver the purchased Coupon / Code to the Buyer or to the person / institutions located at the delivery address notified by the Buyer withing the legal terms.

 

6.19. The Buyer acknowledges that he/she has the necessary health conditions to use the Service(s), and that Seller is not responsible for any other circumstances.

 

  1.  THE RIGHT OF WITHDRAWAL AND ITS EXCEPTIONS              

 

7.1. According to Article 9 of the Distance Contracts Regulation, the Consumer has the right to withdraw from the agreement withing fourteen days without giving any justification and paying a penalty. The right of withdrawal period starts on the day the contract is established in the contracts related to the execution of the service, and on the day of the delivery of the goods to the consumer or the third party determined by the consumer in the contract for the delivery of goods. However, the consumer may use the right of withdrawal from the establishment of the contract to the delivery of the goods.

 

7.2. Exceptions to the right of withdrawal: In accordance with Article 15 of the Regulation on Distance Contracts, The Consumer may not exercise his right of withdrawal in the following contracts:

  1. Contracts for goods or services whose price varies due to fluctuations in financial markets and which are not under the control of the seller or provider.
  2. Contracts for goods prepared in line with the wishes or personal needs of the consumer.
  3. Contracts for the delivery of goods which may be perishable or exceed the expiry date.
  4. Contracts for the delivery of goods that are unsuitable in terms of health and hygiene after the delivery of goods with protective elements such as packaging, tape, seal, and package opened.
  5. Contracts for goods which, after delivery, are intermixed with other products and which are inherently impossible to be segregated again.
  6. Contracts on books, digital content and computer consumables provided in the material environment in case the protective elements such as packaging, tape, seal, and package are opened after the delivery of the goods.
  7. Contracts for the delivery of periodicals, such as newspapers and magazines, other than those provided under the subscription agreement.
  8. Contracts for the assessment of leisure time for accommodation, transport of goods, car rental, food and beverage supply, and entertainment, or recreation, to be made at a particular date or period.
  9. Contracts for services executed in electronic environment or for royalties delivered immediately to the consumer.
  10. Contracts for services commenced with the consent of the consumer before the right of withdrawal expires.

 

  1. TERMS OF USE OF THE WEBSITE AND PROTECTION OF PERSONAL DATA

 

8.1. The Buyer accepts, declares and undertakes that it is bound by the terms and conditions of Nuspa User Agreement on the Website.

 

8.2. By becoming a party to this Agreement, the Buyer accepts, declares and undertakes that the data should / would be provided in electronic or other media in connection with the payment of the amount subject to the order, with all information provided by the Buyer on the Website and/or any personal data provided to the Seller in any manner in the course of the service relationship may be obtained and inherited by the Seller as a Data Officer and by the Seller's partners, business partners, successors and/or third parties designated by them, by taking necessary measures to protect the confidentiality of the said data and by complying with the legal principles regarding the processing of personal data by automatic / non-automatic methods. Without breaching Legal periods, it may be recorded, stored, made available, updated, modified, reorganized, classified in written and digital archives in Turkey and/or abroad or may be transferred in the country or abroad and processed in any manner in accordance with other laws, and the Seller would enlighten the Buyer by various means on the various channels and inform about his/her legal rights (consent / approval).

 

8.3. The Buyer accepts, declares and undertakes that the necessary consent has been obtained for receiving, storing, processing, sharing with the Third Parties, transferring inside and abroad, the personal data of the Person(s) to whom the Service is to be executed by the Seller; and it has made necessary notifications to the Person(s) to whom the Service is to be executed.

 

  1. SETTLEMENT OF DISPUTES

 

The Buyer may file a dispute with the Consumer Arbitration Tribunal or the Consumer Courts.

 

  1. ENFORCEMENT

 

Upon acceptance of this Agreement and payment of the order placed on the website, Buyer shall be deemed to have accepted all the terms of this Agreement and this Agreement shall enter into force.

 

Buyer accepts, declares and undertakes that he/she understands the Seller's name, title, full address, telephone and other access information, the basic characteristics of the contract service, sales price including taxes, payment method, all prior information about the service subject to sale and the right of withdrawal, and how this right will be used, how they can communicate their complaints and objections, and all the rights and obligations of the contract. The Buyer has been informed by the Seller in accordance with the Law No. 6502 on Consumer Protection. The Buyer has been informed about these issues accurately and completely, he/she confirmed this preliminary information electronically and then ordered service, accepted the terms of the Agreement and became a party to this Agreement, and has no objections to the provisions of the Agreement.

 

The Preliminary Information Form on the website www.nuspa.com.tr and the invoice issued on the order to the Buyer are integral parts of this Agreement.

 

Date:

 

ELECTRONIC COMMERCIAL MESSAGES

I accept, declare and undertake that in accordance with this Agreement, I have notified to Seller, The Seller could send informational and commercial electronic messages to any electronic communication address; And I consent to the sharing of information with third parties for the purpose of sending of those messages through third parties; that I know  that the content of the commercial electronic message and other records of the shipment have been recorded by the Seller for submission to the Ministry when necessary; and I was informed by the Seller that if I wanted to stop receiving electronic commercial messages, I have to inform info@nuspa.com.tr by e-mail that I may cancel the receipt of mail and/or SMS by notification.

 

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DISTANCE SALES AGREEMENT PRELIMINARY INFORMATION FORM

 

With this Remote Sales Agreement Preliminary Information Form (“Preliminary Information Form”), the Buyer is informed by the Seller in relation to the Service(s) given below, the basic characteristics of the Service(s) subject to the Distance Sale Agreement (“Agreement”), The title of the Seller and the information that enables contact with the Seller; the total price of the Service(s) ordered, including any taxes; matters relating to payment and performance; in accordance with the Regulation on Distance Contracts dated 27.11.2014 and numbered 29188 and Law no. 6502 on the Protection of the Consumer and (where the right of withdrawal may be exercised) all matters relating to the exercise of this right, in cases where the right of withdrawal may be exercised, and exceptions to the right of withdrawal.

 

By accepting this Preliminary Information Form, the Buyer accepts, declares and undertakes that if he/she approves the order subject to the Agreement, the price and any additional charges, if any, shall be subject to payment by following the principles specified in this Preliminary Information Form.

 

1. PARTIES

 

  1. INFORMATION ABOUT THE SELLER

 

Company Title           : Mars Sportif Tesisler İşletmeciliği A.Ş.

Tax Office                  : Beşiktaş

Tax ID Number         : 6120525594

MERSİS Number      : 0612052559400010

Address                      : Dereboyu Cd. Ambarlıdere Yolu No:4 Kat:1

Ortaköy-Beşiktaş/İstanbul

Telephone                  : 0 212 970 19 00        Fax: 0 212 227 02 23

E-mail                         : info@nuspa.com.tr   Web: www.nuspa.com.tr

 

  1. INFORMATION ABOUT THE BUYER

 

The Buyer whose information is above and requesting to buy the goods and services belonging to the Seller selected through the Website knows that the e-mail address declared on the Website shall be deemed valid notification address for any notification made by the Seller. Any notification to the specified e-mail address shall have all the legal consequences of the legally valid notification.

 

  1. PRODUCT / SERVICE INFORMATION- BASIC QUALIFICATIONS AND SALES PRICE

 

2.1. Qualifications of the Services subject to the Agreement, Location Name, Service / Package / Information, Reservation Date and Time / Package Start Date and Time, Service / Package Price (Total price including all taxes), Delivery Address at the Purchase of Coupon / Code, Coupon / Code Information regarding the Delivery Fee at the time of purchase is specified in the purchase stages of the Website and in the Distance Sales Agreement and Preliminary Information Form sent to the Buyer.

 

2.2. The Seller reserves the right to make changes to the prices and campaigns specified on the Website. The prices and campaigns on the Website will remain in effect until the Seller makes any changes to this.

 

  1. GENERAL CONDITIONS-INFORMATION ON PAYMENT AND EXECUTION

 

3.1. The Service will be performed in the Location selected by the Buyer through the Website.

 

3.2. In the event that a single session of the Service is purchased by the Buyer, the Service shall be executed on the Reservation Date and Time, on which the Buyer chooses through the Website. In the event that the Buyer buys a Package, the Start Date and Time of the Package selected by the Buyer shall be the first use date of the Package and the performance of the Service shall be commenced as of the mentioned date and time. The dates of the remaining Package usage will be determined by the Buyer upon the reservation request made to the Seller by considering the availability of the aforementioned Location. 

 

3.3. If the Buyer and/or the Service(s) subject to the Agreement are to be used by a third party other than the Buyer, the person who will use the Service(s) shall certify that they have the right to use the Service(s). 

 

3.4. The Service subject to the Agreement is specific to a single person for a specific date and time. The Buyer acknowledges, declares and undertakes that he is aware of this matter and as a result of this condition is bound by the following rules.  

 

i. The Buyer and/or the Third Parties who will benefit from the Service  are obliged  to comply with the reservation date and time determined by the parties  for the selected Reservation Date and Time, Package Start Date and Time  and/or remaining package use. In the event that the Buyer and/or the Third Parties to whom the Service will be performed without any force majeure experience a delay on the specified dates and times, the duration of the Service shall be interrupted accordingly.

 

ii. The Buyer and/or the Third Parties who will benefit from the Service request changes in the reservation date and time determined by the parties for the selected Reservation Date and Time, Package Start Date and Time and/or remaining Package use and/or for any reason in the event that they are not able to benefit from the Service, they are obliged to notify the Seller 4 (four) hours in advance. In the event of a breach of this obligation without force majeure, the Service shall be deemed to have been performed on the specified date and time and the Parties shall be bound by the consequences thereof. Even in the event of a change in the reservation date and time determined by the parties for the use of the Reservation Date and Time, Package Start Date and Time and/or remaining of the Package in accordance with the terms mentioned in this article, the Buyer shall in any case be bound by the Period of Use referred to in Article 3.5.

 

iii. The Service purchased by the Buyer may not be replaced by any other products or services offered by the Seller for sale.

 

3.5. Duration of Use: The duration of one-session Service(s) is 30 (thirty) days from the date of purchase;  The package(s) of 6 (six)'s expiry date is 6 (six) months from the date of purchase; The expiry date of packages of 10 (ten) and 20 (twenties) is 12 (twelve) months from the date of purchase, and the voucher / Code(s) is 3 (three) months from the date of purchase.  At the end of these periods, Seller's obligation to provide purchased and unused one-session service, Coupon / Code(s), Package(s) and/or unused portion of the Package(s) will cease to exist.  No claim can be made to Seller regarding the Service(s) not used within the Term of Use specified in this article. No claim including refund can be made. 

 

3.6. Persons under 16 (sixteen) years of age may not benefit from the services performed by the Seller.  Seller has no responsibility for providing false information about Buyer's age. Minors over the age of 16 agree that they have the consent of the parent and/or guardian in order to benefit from the Service subject to the Agreement and to carry out the purchase subject to the Agreement.

 

3.7. The Buyer and/or the Third Parties who will benefit from the Service Persons are personally responsible for the privacy of the locker rooms, WCs and special use areas in the Location, as no camera can be found in these areas, and that no valuable items are brought with them, and no valuable and special items are left in locker rooms, inside the lockers and mentioned areas. Persons know that the lockers in the locker rooms do not have the nature of a safe and that in no way jewelry, jewels, watches etc. special and valuable items will be left in these lockers. Persons accept, declare and undertake to act in accordance with this article. However, in the event that valuable and special items are left in the locker rooms, lockers and in the mentioned areas, all responsibility belongs to the person who acts against this obligation. The person concerned is personally responsible for the storage of these goods. For all these reasons, Seller accepts, declares and undertakes that the Seller cannot be held responsible for the losses and damages that may occur in case of violation of this article.

 

3.8. If the Service / Package Fee is not paid by the Buyer, the payment is not realized for any reason, the payment made by the Buyer is canceled in the bank records or the objection of expenditure before the performance of the Service is not paid to the Seller and/or in case of a recover from the Seller; Seller’s obligation to perform the Service will also be eliminated.

3.9.  In the event that the said Service / Package is not paid to and/or recovered from the Seller by the relevant bank or financial institution after the partial or total performance of the Service subject to the Agreement, for the reasons mentioned in Article 3.8. or for any other reasons without limitation; all rights of the Seller arising from the law and other legislation regarding the collection of the Service fee that are performed by the Seller are reserved.

 

3.10. In case the Buyer pays the sales price in installments by credit card, the installment format selected on the website shall be valid. The relevant provisions of the contract signed between the Buyer and the cardholder bank shall be applicable for the installments. The payment date of the credit card is determined by the provisions of the contract between the bank and the Buyer. The buyer can also track the number of installments and payments from the bank statement sent by the bank.

 

3.11. The Buyer is the holder of the credit card that he/she has notified for the collection of the Service Fees subject to the Agreement. In the event that he/she is not the holder of the credit card, he/she accepts that he/she is solely responsible for the claims made by the holder of the credit card.

 

3.12. If the Buyer default on payment of his debt as a result of transactions with the credit card, the Buyer shall pay interest under the credit card contract made by the bank and shall be liable to the related bank. The Buyer shall be liable for any loss or harm incurred to the Seller due to the delayed execution of the debt, in the event of default in paying the debt.

 

3.13. If the Buyer does not pay the price of the Service(s) ordered or the Service price cannot be collected due to lack of required amount in the credit card account, the purchase will not take place. Buyer accepts, declares and undertakes that the time of processing of the order is not the moment when the order is placed, but the moment when the required collection is made from the credit card account, and that the Seller shall not have any obligation regarding the performance of the Service in the event that this collection fails.

 

3.14. The Buyer shall not transfer or assign the rights and obligations arising from this Agreement to third parties. The Buyer is obliged to ensure that it is used in person or by third parties who will benefit from the Service in accordance with the selection of the Service. The Buyer is obliged to inform the Third Parties who will benefit from the Service regarding the rights and obligations mentioned in this Agreement and Article 3 General Conditions Information on Payment and Execution and to ensure that these conditions are observed by the person concerned. Otherwise, Buyer accepts, declares and undertakes that Seller cannot be held responsible.  

 

3.15. The Seller shall notify the Buyer in case it fails to perform in unforeseen circumstances beyond the control of Seller such as natural disasters, war, fire, decisions taken by the government in a way that temporarily or permanently halting the working conditions of the Seller or the Location where the service would be given, and the fulfillment of the Service subject to the Contract becomes impossible. In the event that the related fees have been paid to the Seller, the Seller shall refund the paid price for the periods when the Service cannot be provided to the Buyer within the legal terms.

 

3.16. The Seller is not responsible for price and content errors arising from typesetting and system errors that may occur on the Website.

 

3.17. The Seller may change the terms of use of the Service unilaterally by declaring on its website at its own discretion, without prejudice to the provisions of the applicable legislation. The Buyer accepts, declares and undertakes that it will follow these modified terms through the Website and will be bound by the changes in the conditions of use as of that date. 

 

3.18. In case of the demand of physical delivery of the Coupon / Code, the Seller shall deliver the purchased Coupon / Code to the Buyer or to the person / institutions located at the delivery address notified by the Buyer within the legal terms.

 

  1. THE RIGHT OF WITHDRAWAL AND ITS EXCEPTIONS              

 

4.1. According to Article 9 of the Distance Contracts Regulation, the Consumer has the right to withdraw from the agreement within fourteen days without giving any justification and paying a penalty.  The right of withdrawal period starts on the day the contract is established in the contracts related to the execution of the service, and on the day of the delivery of the goods to the consumer or the third party determined by the consumer in the contract for the delivery of goods. However, the consumer may use the right of withdrawal from the establishment of the contract to the delivery of the goods.

 

4.2. Exceptions to the right of withdrawal: In accordance with Article 15 of the Regulation on Distance Contracts, The Consumer may not exercise his right of withdrawal in the following contracts:

 

  1. Contracts for goods or services whose price varies due to fluctuations in financial markets and which are not under the control of the seller or provider.
  2. Contracts for goods prepared in line with the wishes or personal needs of the consumer.
  3. Contracts for the delivery of goods which may be perishable or exceed the expiry date.
  4. Contracts for the delivery of goods that are unsuitable in terms of health and hygiene after the delivery of goods with protective elements such as packaging, tape, seal, and package opened.
  5. Contracts for goods which, after delivery, are intermixed with other products and which are inherently impossible to be segregated again.
  6. Contracts on books, digital content and computer consumables provided in the material environment in case the protective elements such as packaging, tape, seal, and package are opened after the delivery of the goods.
  7. Contracts for the delivery of periodicals, such as newspapers and magazines, other than those provided under the subscription agreement.
  8. Contracts for the assessment of leisure time for accommodation, transport of goods, car rental, food and beverage supply, and entertainment, or recreation, to be made at a particular date or period.
  9. Contracts for services executed in electronic environment or for royalties delivered immediately to the consumer.
  10. Contracts for services commenced with the consent of the consumer before the right of withdrawal expires.

 

  1. SETTLEMENT OF DISPUTES

 

The Buyer may file a dispute with the Consumer Arbitration Tribunal or the Consumer Courts.

 

After this Prior Information Form has been read and accepted by the Purchaser electronically, the distant sales agreement will be established.

 

The Buyer acknowledges, declares and undertakes that he has read, accepted and has no objection and that the order subject to this Prior Information Form will cause payment obligation.

 

 

Date: