Distance Selling Agreement
1.PARTIES
This Agreement is entered into between the following parties under the terms and conditions set forth below.
1.SERVICE AREA'; (hereinafter referred to as "SERVICE RECIPIENT" in the contract)
NAME- SURNAME:
ADDRESS:
2.'SERVICE PROVIDER'; (hereinafter referred to as "SERVICE PROVIDER" in the contract)
NAME- SURNAME: Fenomio Internet Advertising Services Trade Joint Stock Company
No: 47 B Interior Door No: 2809 Bayraklı, Izmir
By accepting this contract, the SERVICE BUYER accepts in advance that if he approves the order subject to the contract, he will be under the obligation to pay the price subject to the order and the specified additional fees such as shipping fee, tax, if any, and that he has been informed about this.
2.DEFINITIONS
In the application and interpretation of this contract, the terms written below shall refer to the written explanations opposite them.
MINISTER: The Minister of Commerce,
MINISTRY: Ministry of Commerce,
LAW: Law on Consumer Protection,
REGULATION: Distance Contracts Regulation
SERVICE: The subject of any consumer transaction other than the provision of goods made or promised to be made in return for a fee or benefit,
SERVICE PROVIDER: A company that provides services to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the service provider,
SERVICE RECIPIENT: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SERVICE PROVIDER,
PARTIES: SERVICE PROVIDER and SERVICE AREA,
CONTRACT: This contract concluded between the SERVICE PROVIDER and the SERVICE AREA,
GOODS: It refers to the movable goods subject to shopping and software, audio, video and similar intangible goods prepared for use in electronic environment.
TOPIC 3
This Agreement regulates 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 Distance Contracts regarding the sale and delivery of the service whose qualifications and sales price are specified below, which the SERVICE BUYER orders electronically through the website of the SERVICE PROVIDER.
The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4. SERVICE PROVIDER INFORMATION
Title: Fenomio Internet Advertising Services Trade Joint Stock Company
No: 47 B Interior Door No: 2809 Bayraklı, Izmir
Email: info@fenomio.com
5. SERVICE AREA INFORMATION
Title:
Address:
Phone:
Fax:
Email:
6. INFORMATION OF THE SERVICE(S) SUBJECT TO THE CONTRACT
6.1. . The basic features (type, quantity, brand/model, number) of the Goods/Products/Products/Services are published on the website of the SERVICE PROVIDER. If a campaign has been organized by the SERVICE PROVIDER, you can examine the basic features of the relevant product during the campaign. It is valid until the campaign date.
6.2. The prices listed and advertised on the site are the sales price. The announced prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.
6.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Brand:
Billing Address:
Order Date:
7. BILLING INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email:
Invoice delivery: The invoice will be viewable in your Fenomio account after the payment is completed.
8. GENERAL PROVISIONS
8.1. The SERVICE BUYER accepts, declares and undertakes that he/she has read the basic qualifications of the service subject to the contract, the sales price and payment method and the preliminary information regarding the delivery on the website of the SERVICE PROVIDER, that he/she has information and that he/she has given the necessary confirmation electronically. SERVICE AREA; Confirming the Preliminary Information electronically, before the establishment of the distance sales contract, it accepts, declares and undertakes that it has obtained the address to be given to the SERVICE AREA by the SERVICE PROVIDER, the basic features of the ordered service, the price of the services, payment and delivery information accurately and completely.
8.2. The SERVICE PROVIDER agrees to deliver the product subject to the contract in full, in accordance with the qualifications specified in the order and with the information and documents required by the job, to perform the work in accordance with the requirements of the legal legislation, free from all kinds of defects, in accordance with the standards, within the principles of accuracy and honesty, to maintain and increase the quality of service, to show the necessary attention and care during the performance of the work, to act with prudence and foresight, declares and undertakes.
8.3. The SERVICE PROVIDER may supply a different service of equal quality and price by informing the SERVICE BUYER and obtaining its explicit approval before the expiry of the contractual performance obligation.
8.4. If the SERVICE PROVIDER fails to fulfill its contractual obligations in the event that the fulfillment of the product or service subject to the order becomes impossible, it accepts, declares and undertakes that it will refund the total price to the SERVICE AREA within 14 days from the date of learning of this situation.
8.5. The SERVICE BUYER accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the service subject to the contract, and that if the price of the product subject to the contract is not paid and/or canceled in the bank records for any reason, the SERVICE PROVIDER's obligation to deliver the service subject to the contract will end.
8.6. In the event that the service fee subject to the contract is not paid to the SERVICE PROVIDER by the relevant bank or financial institution as a result of the unfair use of the credit card belonging to the SERVICE AREA by unauthorized persons after the delivery of the product subject to the Agreement to the person and/or organization at the address indicated by the SERVICE AREA or the SERVICE AREA, the SERVICE AREA agrees that it will return the product subject to the contract to the SERVICE PROVIDER within 3 days, declares and undertakes.
8.7. If the SERVICE PROVIDER cannot deliver the product subject to the contract within the time limit due to force majeure situations such as the occurrence of unforeseen and/or delaying situations that develop outside the will of the parties and prevent and/or delay the fulfillment of the obligations of the parties, it accepts, declares and undertakes that it will notify the SERVICE AREA. The SERVICE BUYER also has the right to request from the SERVICE PROVIDER the cancellation of the order, the replacement of the product subject to the contract with its precedent, if any, and/or the postponement of the delivery period until the obstructive situation is eliminated. In the event that the order is canceled by the SERVICE AREA, the product amount is returned to the relevant bank within 14 days after the order is canceled by the SERVICE AREA, in the payments made by the SERVICE AREA by credit card. The SERVICE AREA accepts, declares and undertakes that the average process of reflecting the amount returned to the credit card by the SERVICE PROVIDER to the SERVICE AREA's account by the bank may take 2 to 3 weeks, and that the SERVICE AREA cannot hold the SERVICE PROVIDER responsible for possible delays, since the reflection of this amount on the accounts of the SERVICE AREA after the return of this amount to the bank is completely related to the bank transaction process.
8.8. The SERVICE PROVIDER has the right to reach the SERVICE AREA for communication, marketing, notification and other purposes by letter, e-mail, SMS, phone call and other means via the address, e-mail address, fixed and mobile phone lines and other contact information specified by the SERVICE AREA in the registration form on the site or updated by the SERVICE AREA. By accepting this agreement, the SERVICE PROVIDER accepts and declares that the SERVICE PROVIDER may engage in the above-mentioned communication activities for him/her.
8.9. In the event that the SERVICE AREA and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the delivery of the product to the SERVICE AREA, the SERVICE PROVIDER requests the SERVICE AREA to submit the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month, or the letter from the card holder's bank stating that the credit card belongs to him. Can. The order will be frozen until the SERVICE AREA provides the information/documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SERVICE PROVIDER has the right to cancel the order.
8.10. The SERVICE BUYER declares and undertakes that the personal and other information provided while subscribing to the website of the SERVICE PROVIDER is true, and that the SERVICE PROVIDER will indemnify all damages incurred due to the untruthfulness of this information, immediately, in cash and in full, upon the first notification of the SERVICE PROVIDER.
8.11. The SERVICE BUYER accepts and undertakes from the beginning to comply with the provisions of the legal regulations and not to violate them while using the website of the SERVICE PROVIDER. Otherwise, all legal and penal liabilities that may arise will bind the SERVICE AREA completely and exclusively.
8.12. The SERVICE BUYER may not use the website of the SERVICE PROVIDER in any way that disrupts public order, violates public morality, disturbs and harasses others, for an unlawful purpose, and violates the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
8.13. Links to other websites and/or other content owned and/or operated by other third parties that are not under the control of the SERVICE PROVIDER may be provided through the website of the SERVICE PROVIDER. These links are placed for the purpose of providing ease of orientation to the SERVICE AREA and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
8.14. The member who violates one or more of the articles listed in this agreement is personally responsible for this violation criminally and legally and will keep the SERVICE PROVIDER free from the legal and penal consequences of these violations. In addition; In the event that the incident is transferred to the legal field due to this violation, the SERVICE PROVIDER reserves the right to claim compensation against the member for non-compliance with the membership agreement.
9. RIGHT OF WITHDRAWAL
9.1. SERVICE RECIPIENT; In the event that the distance contract is related to the sale of goods, within 14 (fourteen) days from the date of delivery of the product to the person / organization at the address indicated, it may use its right to withdraw from the contract by rejecting the goods without assuming any legal and criminal liability and without giving any reason, provided that it notifies the SERVICE PROVIDER. In distance contracts for the provision of services, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service is started with the approval of the SERVICE AREA. The costs arising from the use of the right of withdrawal belong to the SERVICE PROVIDER. By accepting this contract, the SERVICE RECIPIENT accepts in advance that he has been informed about the right of withdrawal.
10. DEFAULT AND LEGAL CONSEQUENCES
The SERVICE BUYER accepts, declares and undertakes that he/she will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder bank and the cardholder in case of default in the event that he/she makes the payment transactions by credit card. In this case, the relevant bank may take legal action; may request the costs and attorney's fees to be incurred from the SERVICE AREA, and in any case, in the event that the SERVICE AREA defaults due to its debt, the SERVICE AREA accepts, declares and undertakes that it will pay the damage and loss incurred by the SERVICE PROVIDER due to the delayed performance of the debt.
11. COMPETENT COURT
Complaints and objections in disputes arising from this contract shall be made to the arbitration committee or the consumer court for consumer problems in the place where the consumer is domiciled or where the consumer transaction is made, within the monetary limits specified in the law below. Below is the information on the monetary limit:
Effective 28/05/2014:
a) Article 68 of the Law No. 6502 on Consumer Protection. In accordance with the article, in disputes with a value of less than 2,000.00 (two thousand) TL, to the district consumer arbitration committees,
b) Provincial consumer arbitration committees in disputes with a value of less than 3,000.00 (three thousand) TL,
c) In the provinces with metropolitan status, applications are made to the provincial consumer arbitration committees in disputes between 2.000.00 (two thousand) TL and 3.000.00 (three thousand) TL. This Agreement is made for commercial purposes.
12. ENFORCEMENT
When the SERVICE BUYER makes the payment for the order placed on the Site, he is deemed to have accepted all the terms of this agreement. The SERVICE PROVIDER is obliged to make the necessary software arrangements in such a way as to obtain confirmation that this agreement has been read and accepted by the SERVICE AREA on the site before the order is realized.
SERVICE PROVIDER: Fenomio Internet Advertising Services Trade Joint Stock Company
SERVICE AREA:
HISTORY: