Distant Sales Contract

DISTANT SALES CONTRACT

This Contract regulates the rights and obligations of the parties regarding the sale, delivery, and other issues of the products and services specified on the website that the BUYER wants to buy by placing an order on the electronic commerce website app.webtures.com  (WEBSITE) belonging to the SELLER, including the cases where the BUYER makes transactions through the application on his mobile device. Upon the approval of this contract by the BUYER on app.webtures.com’ the price and expenses of the Service (s) s/he has ordered are collected with the payment method s/he chooses.  

ARTICLE 1 – PARTIES

SELLER

Name: Webtures Digital Bilişim A.Ş.
Address: Esentepe Mah. Milangaz Cad. No:77 A2 Blok K:32 D:219 Kartal / Istanbul
Website Address: app.webtures.com
E-mail: info@webtures.com
Phone: 0216 599 0495

Hereinafter referred to as “SELLER”.

BUYER

Name-Surname / Title:
Address:
Phone Number:
E-Mail:

Hereinafter referred to as “BUYER”

ARTICLE 2 – SUBJECT OF THE CONTRACT

The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of Law No.4077 on the Protection of Consumers and the Regulation on the Principles and Procedures of the Application of Distance Contracts regarding the sale price, sale, delivery, and payment of the products/ services ordered electronically by the Customer from the seller’s website app.webtures.com. The BUYER acknowledges, declares, and undertakes that he/she has information regarding the basic characteristics of the products/services subject to the contract, the price, payment method, terms of delivery, and all other preliminary information and right of “withdrawal”, confirms this preliminary information electronically and then orders the product/service in accordance with the provisions of this Contract.

ARTICLE 3 – GENERAL PROVISIONS

3.1. The services subject to this contract are as follows: SEO support, SEO coaching, access to SEO analysis, and site scanning tools provided by the SELLER on the website Adınızd app.webtures.com and all kinds of sales and commercial activities carried out through app.webtures.com.

3.2. The BUYER may use a credit card or other payment methods for the goods/services purchased.

3.3. The BUYER accepts, declares and undertakes that she approves the registration of the GSM information submitted by him/her at the stage of purchasing the package with a credit card or mobile payment, to the database of the SELLER for automatic renewal.

3.4. The BUYER declares that s/he is informed about the qualifications, sales price, payment method, and all preliminary information regarding the delivery of the services on the app.webtures.com  site  and gives the necessary confirmation in an electronic environment. The service packages purchased by the BUYER will automatically become active as soon as they approve the transaction. 

3.5. Delivery is done as soon as the customer approves the sale and the collection is made from the credit card. The seller delivers the products/services within 1 (one) day from the order date of the goods/services and reserves the right to extend the period for an additional 10 (ten) days with a written notice within this period. If, for any reason, the price of products/services is not paid or canceled in the bank records, the seller is deemed to have been released from the obligation to deliver the goods/services.

3.6.The responsibility of carefully protecting the products/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the products/services shall not be used. Should the relevant bank or financial institution fail to pay the Seller the price of the goods or service due to the unauthorized or unlawful use of the Buyer’s credit card through no fault of the Buyer after delivery of the goods or service, the Buyer is obliged to return the products or service to the Seller within 3 (three) days provided it was delivered to him/her.

3.7. The seller is responsible for the delivery of the contracted products/services intact, complete, and in accordance with the qualifications specified in the order. The seller returns the cost of products/services within 10 (ten) days after the withdrawal statement is received. The products/services are returned within 20 (twenty) days.

3.8. The type of products/services and the sales price including all taxes are stated both in this contract and during the meeting with the support unit, which is considered an integral part of this contract, and (or) in the preliminary information short message and (or) link and (or) in the products/services promotion page within the website Adınızd app.webtures.com.

3.9. In case the BUYER is shopping with a credit card and in installments, the installment method s/he has chosen is valid. In installment transactions, the relevant provisions of the contract signed between the BUYER and the cardholder bank are valid. The credit card payment date is determined by 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.

3.10. ALICI, kredi kartı ile yapmış olduğu işlemlerinde temerrüde düşmesi halinde kart sahibi bankanın kendisi ile yapmış olduğu kredi kartı sözleşmesi çerçevesinde faiz ödeyecek ve bankaya karşı sorumlu olacaktır.

In this case, the relevant bank may apply for legal remedies, can demand the expenses and the counsel’s fee from the BUYER and under all circumstances, if the BUYER goes into default due to its debt, the BUYER accepts that the s/he will pay the loss and damage incurred due to the delayed performance of the debt.

3.11. The BUYER accepts, declares and consents to receive the information electronic messages of the SELLER, which is the party of this contract, of all kinds of advertisements, promotions and all kinds of campaigns that it has made and/or will make in the future.

3.12. SELLER is obliged to inform the BUYER if the SELLER is unable to deliver the product within the due period because of force majeure or exceptional cases such as weather conditions make impossible the delivery, transportation problems, fire, earthquake, flood, etc., and in cases with justified reason. In this case, the BUYER may use one of the rights to cancel the order, replace the goods or services subject to the contract with its precedent, if any, and/or postpone the delivery time until the obstacle is removed. If the BUYER cancels the order, the amount paid will be refunded at the amount s/he has paid. In the case of the payments made by the credit card of the BUYER, the amount of the products/ services will be returned to the bank upon the cancellation of the order by the BUYER. Since this amount is directly related to the bank transaction process after its refund to the bank, the BUYER acknowledges and accepts that SELLER cannot be able to intervene in any way for the possible delays and it shall be the responsibility of the SELLER for the period to be taken by the SELLER to transfer to the credit card by the bank which may take 2 to 3 weeks on avarage.

ARTICLE 4 – RIGHT OF WITHDRAWAL

4.1. The BUYER can exercise its right of withdrawal within 7 (seven) days from the delivery of the contractual products/services and the membership package from the date of approval for membership. In order to exercise the right of withdrawal, the seller’s customer service must be notified by e-mail or telephone within the same period and the products/services must not be used as stated in the provisions of the article 3.12  in line with the information published on the app.webtures.com  website. Within 7 days following the receipt of the notice regarding the right of withdrawal, the cost of products/services is returned to the BUYER and the producs/services themselves are returned within 20 (twenty) days.

4.2. There will be no refund in case of unfair termination of the contract and/or the service subject to the contract is used.

4.3. By confirming this contract electronically, the BUYER confirms that, before the conclusion of the distance contracts, the address to be given by the SELLER, the basic features of the ordered products/services, the price of the product/service including taxes, payment, and delivery information, and information on the right of withrawal are also correct and complete.

(All taxes are included for products and services purchased within Turkey. For orders placed abroad from Turkey, fees that may arise from any customs fees, VAT and similar situations arising from country customs, taxation or bank applications are not included.)

4.4. For the delivery of the products or services subject to the contract, the price of the products or services must be paid in the form of payment preferred by the BUYER. If, for any reason, the price of products/services is not paid or canceled in the bank records, the seller is deemed to be released from the obligation to deliver the products/services.

ARTICLE 5 – RULES ON SECURITY-PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL PROPERTY RIGHTS 

Confidentiality rules-policy and conditions, the current principles of which are stated below, apply for the protection, confidentiality, processing-use of information, communications, and other issues on App.webtures.com

5.1.  The necessary measures for the security of the information and transactions entered by the BUYER on the Website have been taken in the system infrastructure of the SELLER, within the scope of today’s technical possibilities, according to the nature of the information and transaction. However, since the said information is entered from the BUYER’s device, it is the BUYER’s responsibility to take the necessary precautions, including those related to viruses and similar harmful applications, so that they are protected by the BUYER and cannot be accessed by unrelated persons. 

5.2. The personal data and commercial electronic communication information obtained with BUYERS consent at the time of membership registration and shopping of the BUYER on app.webtures.com may be recorded indefinitely or for a period to be determined by those mentioned and successors, stored in printed/magnetic archives, updated if necessary, shared, transferred, used and processed with other copies for electronic and other commercial-social correspondence to be maintained for the purposes of provision of various products/services and of any information, advertisement-introduction, promotion, sales, marketing, credit card and membership by the Webtures Dijital Bilişim A.Ş, present and prospective affiliates, subsidiaries, partners, successors, and/or third people to be determined by them. These data can also be forwarded to the relevant Authorities and Courts where required by law. The BUYER consents and gives permission for the use, sharing, processing of existing and new information, personal and non-personal, in accordance with the legislation on the protection of personal data and electronic commerce legislation, and to make commercial and non-commercial electronic communications and other communications. 

5.3. The BUYER can always stop the communication by reaching the SELLER through the specified communication channels and/or by reaching the same channels or by using the right of refusal in the electronic communications sent to him/her. According to the clear notification of the BUYER on this matter, personal data transactions and/or communications to the party are stopped within the legal maximum period; In addition, if he wishes, his information, other than what is legally required and/or possible, is deleted from the data recording system or anonymized in an anonymous way. If the BUYER wishes, s/he can always apply to the SELLER via above mentioned channels and get information for Transactions related to the processing of personal data, the persons to whom it is transferred, correction in case of incomplete or inaccuracy, notification of the corrected information to the relevant third parties, deletion or destruction of data, analysis with automatic systems in matters such as objection to the emergence of a result against him/her, removal of damage in case of damage due to unlawful processing of data. Applications and requests in these matters will be fulfilled within the legal maximum period or may be rejected by explaining the legal reason to the party. 

5.4. Regarding all kinds of information and content of App.webtures.com and their arrangement, revision, and partial/complete use; Except for those belonging to other third parties according to the SELLER’s contract; All intellectual property and proprietary rights belong to the SELLER and Webtures Dijital Bilişim A.Ş.

5.5. The SELLER reserves the right to make any changes it deems necessary on the above issues; These changes will become effective as soon as they are announced by the SELLER on app.webtures.com or by other appropriate methods.

5.6 On other sites accessed from App.webtures.com, their own privacy-security policies and terms of use are valid, and the SELLER is not responsible for any conflicts or negative consequences that may arise. 

5.7. In the event of a failure by Seller to supply the products/ services subject to the contract, s/he may supply another good/service with equal quality-price, provided that it clearly informs the BUYER in accordance with the law and receives its verbal/written approval within three (3) days from the day of notice and the SELLER is deemed to have fulfilled its contractual commitment in this way. The BUYER is free in all respects whether or not to give the consent, and in cases where s/he doesn’t, the contractual-legal provisions regarding the cancellation of the order (Contract termination) are exercised.

Article 6 – AUTHORIZED COURT
 6.1. Istanbul Anatolian Side Courts and enforcement offices are authorized to resolve any incompatibilities that may arise in this contract.