DISTANCE SALES AGREEMENT
ARTICLE 1 - PARTIES:
1.1. SELLER:
Title: SCORESOFT SOLUTIONS TEKNOLOJI A.Ş.
Address: Çubuklu Mah. Boğaziçi Cad. No:9 Floor:2 Kavacık/Beykoz Istanbul
Phone: +90 (216) 383 60 60 pbx
Customer Service Phone: +90 532 468 89 87
Email: info@memap.com.tr
1.2. BUYER ("CONSUMER"):
Name/Surname/Title: ____________________
Address: ____________________
Phone: ____________________
Email: ____________________
ARTICLE 2 - SUBJECT
The subject of this agreement is the sale and delivery of the product, the qualifications and sales price of which are stated below, ordered by the CONSUMER electronically via the www.memap.com.tr website, and the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on Consumer Protection.
ARTICLE 3 - INFORMATION REGARDING THE PRODUCT, PAYMENT, AND DELIVERY:
3.1. The name, quantity, sales price including VAT, payment method, and basic specifications of the product or service subject to the agreement:
Product Name and Basic Specifications Quantity Sales Price Deferred Sales Price
(Including VAT (Including VAT total)
total in Turkish Lira)
******** ***** **** *****
3.2- Payment Method: Transaction with Credit Card
3.2.1. The order summary page includes information on how many installments the order total will be paid in.
3.2.2. Your bank may organize campaigns by applying a larger number of installments than the number of installments you selected, and services such as deferment of installments may be offered. These campaigns are at your bank's discretion, and if the company is informed, information about the campaigns is provided on our pages.
3.2.3. The order total will be reflected on your credit card statement by your bank, divided into installments, from your credit card account statement date. The bank may not distribute the installment amounts equally by taking the decimal point differences into account. The creation of your detailed payment plan is at the discretion of your bank.
3.3. On the other hand, because deferred sales can be made only with credit cards belonging to banks, the CONSUMER acknowledges, declares, and undertakes to confirm the relevant interest rates and default interest and that the provisions concerning interest and default interest will be applied between the Bank and the CONSUMER under the credit card agreement, in accordance with current legislative provisions. Additionally, because the credit sale opportunity is provided only to the CONSUMER who is a customer of a Bank, the CONSUMER acknowledges, declares, and undertakes to confirm the relevant interest rates and default interest from the bank and that the provisions concerning interest and default interest will be applied between the Bank and the CONSUMER under the Instant/Distance Shopping Credit agreement, in accordance with current legislative provisions. Credit approval and the creation of your detailed payment plan is at your bank's discretion.
3.4 - Return Procedure:
In cases where the CONSUMER exercises the right of withdrawal, or if the product subject to the order cannot be supplied for various reasons or if a refund is decided for the CONSUMER by the arbitration committee, the procedure for repayment of the payment options is specified below:
a) Refund Procedure for Credit Card Payment Options
If the shopping was made with a credit card and in installments, the Bank refunds the CONSUMER in installments depending on the number of installments CONSUMER purchased the product with. After the SELLER pays the product price to the bank in one go, the credit card returns made through bank POS equipment are transferred to the accounts of the same holder parties as installments by the Bank, so that the parties involved are not deprived in the case of installment transactions. The number of installments paid by the CONSUMER until the cancellation of the sale will be refunded as 1 (one) return per month to the credit card, provided that the return date and the card's account statement date do not overlap, and the number of installment payments made before the cancellation of the sale will be deducted from the existing debts. If the product/service purchased with the card is returned, the SELLER cannot pay the CONSUMER in cash due to the agreement with the Bank. When there is a return transaction, the SELLER will make the return via the relevant software, and the SELLER is obligated to pay the related amount to the Bank in cash or via offset. In line with the above procedure, no cash payment can be made to the CONSUMER. Once the SELLER has paid the amount in one go to the Bank, the Bank will carry out the refund as per the above procedure. The CONSUMER acknowledges, declares, and undertakes to have read and understood this procedure.
b) Refund Procedure for Transfer/EFT Payment Options
The refund will be made as a transfer and EFT to the account specified by the CONSUMER, after requesting bank account information from the CONSUMER (provided that the account belongs to the person in the invoice address or the member user). The SELLER pays back the entire product price to the bank in one go.
In the case of return of goods and services purchased via transfer/EFT, the SELLER cannot pay the CONSUMER in cash due to the agreement with the Bank. When there is a return transaction, the SELLER will make the return via the relevant software, and since the SELLER is obligated to pay the related amount to the Bank in cash or via offset, no cash payment can be made to the CONSUMER in line with the above procedure. The CONSUMER acknowledges, declares, and undertakes to have read and understood this procedure.
c) Refund Procedure for Shopping Credit Payment Options
The refund will be made as a transfer and EFT to the account specified by the CONSUMER, after requesting bank account information from the CONSUMER (provided that the account belongs to the person in the invoice address or the member user). The SELLER pays back the entire product price to the bank in one go.
In the case of return of goods and services purchased via credit, the SELLER cannot pay the CONSUMER in cash due to the agreement with the Bank. When there is a return transaction, the SELLER will make the return via the relevant software, and since the SELLER is obligated to pay the related amount to the Bank in cash or via offset, no cash payment can be made to the CONSUMER in line with the above procedure. The CONSUMER acknowledges, declares, and undertakes to have read and understood this procedure.
3.5- Delivery Method and Address:
Consumer Name-Surname:
Consumer ID:
Consumer Delivery Address:
Consumer Invoice Address:
The Fitscore License will be delivered immediately, within 3 business days at the latest, to the electronic mail address registered in the CONSUMER’s system following payment. Even if the electronic mail address mentioned is not a valid address or is not suitable for receiving mails, the SELLER shall be deemed to have fulfilled its obligation fully and completely. Therefore, the SELLER is not liable for any losses or expenses resulting from the late delivery or non-receipt of the product.
ARTICLE 4 - GENERAL PROVISIONS
4.1. The CONSUMER declares that they have read, are informed about, and have approved the pre-terms related to the product subject to the contract on the www.memap.com.tr website and have confirmed the necessary electronic approval.
4.2. The product will be delivered within 14 days from the date of the contract at the latest. The total responsibility belongs to the SELLER until the moment of delivery of the product.
4.3. If the product subject to the contract will be delivered to another person/institution other than the CONSUMER, the SELLER cannot be held responsible for the receiving person/institution refusing to accept the delivery.
4.4. The SELLER is responsible for delivering the product subject to the contract complete and in accordance with the features specified in the order.
4.5. The payment for this agreement must be made by the payment method chosen by the CONSUMER for the delivery of the product subject to the contract. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product.
4.6. In cases where the credit card belonging to the CONSUMER, which is not due to the CONSUMER's fault, is used by unauthorized persons unfairly or illegally after the delivery of the product, and the relevant bank or financial institution does not pay the product price to the SELLER, the SELLER reserves the right to cancel the relevant license.
4.7. Pursuant to the general communiqué of the Tax Procedure Law numbered 385, for the refund processes to apply, the recipient must fill out the return section of the invoices we have sent to you without any mistakes and send them back with the product after signing.
4.8. For products that are legally required to go through official procedures with official authorities to complete, the Preliminary Information Form and Distance Sales Agreement are in the nature of a preliminary protocol. The total price, payment method will be specified in the Campaign Conditions and/or Product Descriptions, and the costs arising during the completion of the official procedures will not be included in this price. These costs will be paid by the CONSUMER during the performance of official procedures. These sales will be considered complete upon the payment of the total price by the CONSUMER to the SELLER and the completion of official procedures with the authorities. Within this scope, the right of withdrawal, cargo/delivery, and similar provisions that do not have an area of application will not be applicable for these products.
ARTICLE 5 - RIGHT OF WITHDRAWAL
5.1. The Right of Withdrawal is regulated in Article 9 of the Distance Contracts Regulation published in the Official Gazette dated November 27, 2014, numbered 29188 and exceptions to the right of withdrawal in Article 15. According to this;
“Right of Withdrawal
ARTICLE 9 (1) The consumer has the right to withdraw from the contract within fourteen days, without giving any reason and without incurring any penalty cost.
(2) The withdrawal period in service contracts starts on the day the contract is established; in contracts for the delivery of goods, it starts on the day the goods are received by the consumer or by a third person designated by the consumer. However, the consumer may also exercise the right of withdrawal during the period from the establishment of the contract until the delivery of the goods.
(3) For determining the withdrawal period;
a) In deliveries of multiple goods ordered separately, it is the day the last of the goods is received by the consumer or by a third person designated by the consumer,
b) In goods consisting of multiple parts, it is the day the last part is received by the consumer or by a third person designated by the consumer,
c) In contracts for the regular delivery of goods for a specific period, it is the day the first goods are received by the consumer or by a third person designated by the consumer.
(4) The delivery of goods to the carrier by the seller is not considered as delivery to the consumer.
(5) In contracts where the delivery of goods and the performance of services are combined, the provisions regarding the right of withdrawal concerning the delivery of goods shall apply.”
Exceptions to the Right of Withdrawal
5.1. Unless otherwise agreed by the parties, the consumer cannot use the right of withdrawal in the following contracts:
ğ) Contracts related to services rendered instantly in electronic environments or intangible goods instantly delivered to the consumer.”
5.2. The Buyer cannot use the right of withdrawal for the products/services subject to this Agreement, as per the provision stated in paragraph (ğ) of Article 15, clause 1 of the Distance Contracts Regulation published in the Official Gazette dated November 27, 2014, numbered 29188. Therefore, the Buyer accepts that no refund will be made in any way.
ARTICLE 6 - FORCE MAJEURE
6.1. Unforeseen events and circumstances existing at the date of entry into force of the contract or occurring beyond the parties' control, which makes it impossible for one or both of the parties to fulfill their contractual responsibilities and obligations, either partially or completely or in a timely manner, will be considered as force majeure (Natural disasters, war, terrorism, uprisings, changing legislative provisions, confiscation or strike, lockout, significant breakdown in production and communication facilities, etc.). The party in which the force majeure occurs will inform the other party of the situation as soon as possible.
6.2. During the continuation of the force majeure, the parties will have no liabilities arising from not fulfilling their obligations. If the force majeure situation continues for 30 days, each party shall have the unilateral right to terminate this contract.
ARTICLE 7 - EVIDENCE AGREEMENT
In the resolution of any disputes arising from this contract, the records of the seller (including computer and voice recordings on magnetic media) constitute definitive evidence.
ARTICLE 8 - INTELLECTUAL PROPERTY RIGHTS AND RESERVATION OF RIGHTS
8.1. All intellectual and industrial property rights of the MeMap Software and Website belong to the Seller. The structure, layout, design, images, any exercises, content, and information contained, along with the software's source codes, constitute the intellectual and industrial property assets of the Company. All these assets are protected under the Industrial Property Law No. 6769 (IPL) and the Law on Intellectual and Artistic Works No. 5846. This Agreement does not provide the Buyer with any intellectual property rights of the software and/or content, and all rights in this regard are reserved by the Company.
8.2. The Seller guarantees that it owns the right to use the “MeMap” brand and software Know-How. The Buyer accepts, declares, and undertakes that the Company has exclusive ownership and all intellectual and industrial property rights, licenses, use, copying, reproduction, and processing rights over the “MeMap” Brand and Know-How.
ARTICLE 9 - DISPUTES AND COMPETENT COURTS
The courts of Turkey shall be competent, and Turkish Law shall apply in any disputes arising from this contract.
For disputes within the value announced by the Customs and Trade Ministry each year, the Consumer Arbitration Panels in the location where the Consumer transaction occurred, or where the Consumer’s domicile is located, will be competent within the borders of the Republic of Turkey; for disputes over the specified value, the Consumer Courts in the location where the Consumer transaction occurred, or where the Consumer’s domicile is located, will be competent. Upon the realization of the order, the CONSUMER is deemed to have accepted all the conditions of this agreement.
ARTICLE 10 - ACCEPTANCE STATEMENT
The Buyer acknowledges, declares, and undertakes that they have read all conditions and explanations written in the Preliminary Information Form on the Website that is an integral part of and forms an inseparable part of this Contract, has prior information regarding all issues related to the products/services subject to the sale, the basic features, qualifications, sales price, payment method, delivery conditions, seller and other issues related to the products/services subject to the sale, has seen them electronically on the website, read them, accepted their contents, and has given the approval for this Contract by electronically approving the products/services through the electronic environment.
ARTICLE 11 - ENFORCEMENT
This Agreement has been read by the parties, concluded by the Buyer electronically approving it, and by making a positive act as payment, it has been executed and entered into force.
SELLER: SCORESOFT SOLUTIONS TEKNOLOJİ A.Ş.
BUYER("CONSUMER"):
Date:
