DISTANCE SALES AGREEMENT
1. PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions specified below.
The 'BUYER' ; (hereinafter referred to as "BUYER" in the contract)
B. 'SELLER'; (hereinafter referred to as "SELLER" in the contract)
By accepting this agreement, the BUYER agrees that if they approve the order subject to the contract, they will undertake the obligation to pay the price of the order and any additional fees such as shipping costs and taxes, and that they have been informed about this matter and accept it in advance.
2. DEFINITIONS
In the application and interpretation of this agreement, the terms written below shall express the written explanations opposite them.
MINISTER: The Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Distance Contracts Regulation (RG:27.11.2014/29188)
SERVICE: The subject of every consumer transaction, except for the provision of goods, performed or undertaken to be performed in exchange for a fee or benefit,
SELLER: The company that supplies goods to the consumer within the scope of its commercial or professional activities, or acts on behalf of or account of the supplier of goods,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The SELLER's website,
CUSTOMER: The real or legal person who requests a good or service from the SELLER's website,
PARTIES: SELLER and BUYER,
AGREEMENT: This agreement concluded between the SELLER and the BUYER,
GOODS: Refers to movable property that is the subject of purchase and intangible goods such as software, audio, and video prepared for use in electronic media.
3. SUBJECT
This Agreement, in accordance with Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regulates the rights and obligations of the parties regarding the sale and delivery of the product with the specified qualifications and sales price, ordered by the BUYER electronically through the SELLER's website.
The prices listed and advertised on the site are the selling prices. Advertised prices and promises are valid until updated and changed. Prices advertised for a limited time are valid until the specified period ends.
4. SELLER INFORMATION
Company Name: YDS Academy Private Foreign Language Education Ltd. Co.
Address: Akıncılar Mah. Vasıf Çınar Cad. No:77 Karesi / Balıkesir
Phone: 0266 – 243 66 65
Fax: 0266 – 243 66 35
Email: info ( @ ) ydsacademy.com
5. BUYER INFORMATION
Person to be delivered:
Delivery Address:
Phone:
Fax:
Email/username:
6. ORDERER INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/username:
9. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE AGREEMENT
7.1. The basic features of the good/product/products/service (type, quantity, brand/model, color, number) are published on the SELLER's website. If a campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign. It is valid until the campaign date.
7.2. The prices listed and announced on the site are the selling prices. The announced prices and promises are valid until updated and changed. Prices announced for a limited time are valid until the end of the specified period.
7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.
Product Description:
Quantity:
Unit Price:
Subtotal (VAT Included):
Cargo Amount:
Total :
Payment Method and Plan:
Delivery Address:
Person to be Delivered:
Billing Address:
Order Date:
Delivery Date:
Delivery Method:
7.4. The shipping cost, which is the product shipment expense, will be paid by the BUYER.
8. INVOICE INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email/username:
Invoice delivery: It will be sent as an e-invoice to the buyer's e-mail address.
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares and undertakes that they have read and become informed about the basic characteristics of the product subject to the contract on the SELLER's website, the sales price and payment method, and the delivery information, and that they have given the necessary confirmation in electronic environment. The BUYER accepts, declares and undertakes that by confirming the Preliminary Information in the electronic environment, they have obtained the address to be given by the SELLER to the BUYER before the conclusion of the distance sales contract, the basic characteristics of the ordered products, the price of the products including taxes, and the payment and delivery information correctly and completely.
9.2. Each product subject to the contract shall be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER within the period specified in the pre-information section on the website, depending on the distance to the BUYER's place of residence, without exceeding the 30-day legal period. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the contract completely, in accordance with the qualities specified in the order, and with warranty certificates, user manuals, and information and documents required by the work, if any; to perform the work in a sound and standard-compliant manner, free from all defects, based on the principles of accuracy and honesty; to maintain and improve the quality of service; to show the necessary attention and care during the performance of the work; and to act with caution and foresight.
9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the expiry of the performance obligation arising from the contract.
9.5. The SELLER accepts, declares and undertakes to notify the consumer in writing within 3 days from the date of learning that it cannot fulfill its contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, and to refund the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares and undertakes that they will confirm this Agreement electronically for the delivery of the product subject to the Agreement, and that in case the product price subject to the Agreement is not paid for any reason and/or cancelled in bank records, the SELLER's obligation to deliver the product subject to the Agreement shall terminate.
9.7. The BUYER accepts, declares and undertakes that in case the product subject to the Agreement is not paid to the SELLER by the relevant bank or financial institution due to the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the product subject to the Agreement to the BUYER or the person and/or organization at the address indicated by the BUYER, the BUYER will return the product subject to the Agreement to the SELLER within 3 days, with the shipping cost to be borne by the SELLER.
9.8. The SELLER accepts, declares and undertakes to notify the BUYER in case it cannot deliver the product subject to the contract within the period due to force majeure events, such as events developing beyond the will of the parties, unforeseeable and preventing and/or delaying the fulfillment of the parties' obligations. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the product subject to the contract with its equivalent, if any, and/or the postponement of the delivery period until the impediment is removed. In case of cancellation of the order by the BUYER, in payments made by the BUYER in cash, the product amount shall be paid to him in cash and in full within 14 days. In payments made by the BUYER by credit card, the product amount shall be refunded to the relevant bank within 14 days after the cancellation of the order by the BUYER. The BUYER accepts, declares and undertakes that the average process for the amount refunded by the SELLER to the credit card to be reflected in the BUYER's accounts by the bank may take 2 to 3 weeks, and that since the reflection of this amount in the BUYER's accounts after the refund to the bank is entirely related to the bank's transaction process, the BUYER cannot hold the SELLER responsible for possible delays.
9.9. The SELLER has the right to reach the BUYER via letter, e-mail, SMS, phone call and other means through the address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the site registration form or updated by the BUYER later, for communication, marketing, notification and other purposes. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the aforementioned communication activities towards the BUYER.
9.10. The BUYER shall inspect the goods/services subject to the contract before taking delivery; damaged and defective goods/services such as dented, broken, torn packaging, etc. shall not be accepted from the cargo company. The delivered goods/services shall be deemed to be undamaged and intact. The obligation to protect the goods/services carefully after delivery belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/services must not be used. The invoice must be returned.
9.11. If the credit card holder used during the order is not the same person as the BUYER, or if a security vulnerability is detected in the credit card used in the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order, or a letter from the cardholder's bank stating that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if this request is not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided while becoming a member of the SELLER's website are true, and that they will compensate the SELLER for all damages arising from the falsity of this information immediately, in cash and in full, upon the SELLER's first notification.
9.13. The BUYER agrees and undertakes from the outset to comply with and not violate the provisions of legal legislation while using the SELLER's website. Otherwise, all legal and criminal liabilities that may arise shall be entirely and exclusively binding on the BUYER.
9.14. The BUYER shall not use the SELLER's website in any way that disrupts public order, is contrary to general morality, harasses or annoys others, for an illegal purpose, or in a manner that infringes upon the material and moral rights of others. Furthermore, the member shall not engage in activities that prevent or hinder others from using the services (spam, virus, trojan horse, etc.).
9.15. Links may be provided from the SELLER's website to other websites and/or other content owned and/or operated by third parties over whom the SELLER has no control. These links are provided for the convenience of directing the BUYER and do not support any website or the person operating that site, and do not constitute any guarantee regarding the information contained in the linked website.
9.16. The member who violates one or more of the articles listed in this agreement shall be personally responsible for such violation both criminally and legally, and shall keep the SELLER free from the legal and criminal consequences of these violations. Furthermore; due to this violation, in case the matter is brought to the legal field, the SELLER reserves the right to claim compensation from the member for the breach of the membership agreement.
10. RIGHT OF WITHDRAWAL
10.1. General Provisions
In cases where the distance contract pertains to the sale of goods, the BUYER shall, within 14 (fourteen) days within; in the case of contracts for the performance of services, from the date of the conclusion of the contract 14 (fourteen) days within, without any justification and without paying any penalty, has the right of withdrawal.
However, the right of withdrawal is limited or exceptional within the scope of the relevant legislation for the types of services and products and package sales specified below.
10.2. Regarding Examination Services (Cambridge Exam Registrations)
exam services (e.g. Cambridge English exams) purchased by the BUYER and to be performed on a specific date or period, services offered within the scope of an organization to be held on a specific date nature.
In this context:
- After the exam registration is completed, due to the reservation of a place for the relevant exam organization and operational planning,
- The BUYER's ability to exercise the right of withdrawal, the period until the exam date, according to the rules of the relevant exam provider (Cambridge) and the SELLER's cancellation/refund policy within the framework.
The BUYER, presented before payment exam cancellation and change conditions declares that it accepts.
10.3. Digital Products and Services
For services rendered instantly in an electronic environment or digital content delivered instantly (e.g., online materials, e-books, digital exam preparation content, etc.):
- If the delivery of the digital content begins with the explicit consent of the BUYER the right of withdrawal cannot be exercised.
- The BUYER accepts that they have been informed about this matter during the purchase process and have lost their right of withdrawal.
- This provision also applies to digital products included in package (bundle) contents.
10.4. Physical Products (Books etc.)
The right of withdrawal for physical products is valid under the following conditions:
- The product can be returned within 14 days from the delivery date.
- The product's unused, undamaged, and in resalable condition must be.
- The product to be returned must be sent completely with its box, packaging, and all accessories, if any.
- In case of return of physical products offered within the package, the package price may be recalculated.
10.5. Exercise of the Right of Withdrawal
For the exercise of the right of withdrawal, the BUYER must notify the SELLER via email or written communication channels within the period.
In cases where the right of withdrawal is valid:
- The SELLER, within... from the receipt of the withdrawal notification, within 14 days refunds the collected amount to the BUYER.
- If the product needs to be returned, within a maximum of within 10 days needs to return the product.
10.6. Package (Bundle) Products and Services
The following provisions shall apply to sales made by the SELLER within packages where multiple products and/or services are offered together (e.g. exam + book, exam + digital content or their combinations):
- Products and services offered within the package an inseparable whole is considered.
- If the BUYER starts to use any product or service included in the package content (e.g., accessing digital content, finalizing exam registration, etc.), they may lose their right of withdrawal for the entire package.
However:
- Included in the package physical products , provided they are unused and in a resalable condition, can be returned separately.
- In this case, the price of the returned product will be deducted from the total package price are recalculated by considering discounts and campaign conditions.
- For exam services and digital content included in the package, the conditions specified in the relevant articles the exceptions to the right of withdrawal remain valid.
The BUYER declares that they accept these conditions during the package purchase.
11. PRODUCTS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
Under Article 15 of the Distance Contracts Regulation, the right of withdrawal cannot be exercised in the following cases:
- Services to be performed on a specific date or period (e.g. exam organizations)
- Services rendered instantly in electronic environment or digital content delivered instantly
- Opened packaging books, digital content, software, and similar products
- Products that cannot be returned due to their nature or that spoil quickly
- Products prepared in line with the BUYER's special requests
12. DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares, and undertakes that in case of default in payment transactions by credit card, they will pay interest in accordance with the credit card agreement between them and the cardholder bank and will be responsible to the bank. In this case, the relevant bank may resort to legal remedies; it may demand the resulting expenses and attorney fees from the BUYER, and in any case, if the BUYER defaults on their debt, the BUYER accepts, declares, and undertakes to pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
In disputes arising from this contract, within the monetary limits determined annually by the Ministry of Trade of the Republic of Turkey, at the consumer's place of residence or the place where the consumer transaction was made Consumer Arbitration Committees and Consumer Courts authorized.
Applications are made within the monetary limits valid for the relevant year. Current monetary limits are published annually in the Official Gazette by the T.R. Ministry of Commerce, and consumers are obliged to check these limits before applying.
Application to Consumer Arbitration Committees is mandatory for disputes below the monetary limit, and for disputes above this limit, applications are made to Consumer Courts.
14. EFFECTIVE DATE
By making the payment for the order placed through the Site, the BUYER shall be deemed to have accepted all the terms and conditions of this agreement. The SELLER is obliged to make the necessary software arrangements to obtain confirmation from the BUYER that this agreement has been read and accepted on the site before the order is finalized.
SELLER:
BUYER:
DATE: