This Distance Sales Agreement (hereinafter referred to as the “Agreement”) is signed between the parties below, within the framework of the provisions and conditions stated below.
‘BUYER’: (hereinafter referred to as the “BUYER” in the agreement)
ADDRESS: Octopus Technology Digital Solutions Inc.; (hereinafter referred to as the “SELLER” in the agreement)
COMPANY NAME: Octopus Technology Digital Solutions Inc.
ADDRESS: Huzur Mah. Fatih Cad. No:67/16 Sarıyer/ISTANBUL
PHONE NUMBER: ……………..
EMAIL ADDRESS: email@example.com
MERSIS NUMBER: 0633095443900001
By accepting this agreement, the BUYER acknowledges that upon confirming the order subject to this agreement, they will be obliged to pay the order amount, additional charges specified such as shipping fee and taxes, and acknowledges that they have been informed about this in advance.
In the implementation and interpretation of this agreement, the terms written below shall signify the explanations stated next to them.
MINISTER: The Minister of Trade,
MINISTRY: The Ministry of Trade,
No. 6502 on Consumer Protection,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188), S
ERVICE: The subject matter of any consumer transaction other than the provision of goods in exchange for a fee or benefit,
SELLER: The company acting on behalf of or on behalf of the entity that offers goods and/or services to consumers within the scope of commercial or professional activities,
BUYER: The individual or legal entity who acquires, uses, or benefits from goods or services for non-commercial or non-professional purposes,
USER ACCOUNT: The individual membership account created on the SELLER’s website that enables the use of the SELLER’s website and services,
WEBSITE: The internet site owned by the SELLER at “https://panel.tvoctopus.net/“,
ORDERING PARTY: The individual or legal entity who requests goods or services through the SELLER’s website,
PARTIES: The SELLER and the BUYER,
PRE-INFORMATION FORM: The information provided by the SELLER to the BUYER regarding the services subject to the AGREEMENT, as per Article 5/1 of the Regulation on Distance Contracts, before establishing the Distance Sales Agreement,
AGREEMENT: This Distance Sales Agreement entered into between the SELLER and the BUYER,
GOODS: Refers to the movable property that is the subject of the transaction and intangible goods such as software, sound, images, and similar goods prepared for use in electronic media.
3.SUBJECT OF THE AGREEMENT
This Agreement regulates the rights and obligations of the parties in relation to the sale and delivery of the product(s) and/or service(s) with the specifications and sale price specified below, which the BUYER has ordered electronically through the SELLER’s website, in accordance with the provisions of the Law and the Regulation. In order to benefit from the purchased product(s) and/or service(s), it is necessary for the BUYER to first create a USER ACCOUNT on the SELLER’s website and make the purchase through this USER ACCOUNT. The USER ACCOUNT is a prerequisite for the purchase and use of the product(s) and/or service(s). The product(s) and/or service(s) package specified in this AGREEMENT and the Pre-Information Form will be assigned to the opened USER ACCOUNT and made available for the exclusive use of the BUYER who owns this account.
The Buyer acknowledges that they are aware of the basic characteristics of the goods and/or services offered for sale, the sale price, the payment method, the delivery conditions, and all the preliminary information and the right of withdrawal related to the goods and/or services, and confirms that they have confirmed this information electronically before placing an order for the goods or services in accordance with the provisions of this agreement. The pre-information form and the invoice on the payment page of the website are integral parts of this agreement. The prices listed and announced on the website are the sale prices. The announced prices and promises are valid until they are updated or changed. The prices announced for a specific period are valid until the end of the specified period.
The BUYER, regarding the purchased product(s) and/or service(s), upon (i) reading and confirming the Pre-Information Form, (ii) reading and confirming this Agreement, and (iii) making the payment for the purchased product(s) and/or service(s) through any of the payment methods available on the Site, the sale transaction is completed without the need for any further processing. In this way, the purchased product(s) and/or service(s) will be assigned to the BUYER’s User Account, as specified in the Pre-Information Form, and will be made accessible through internet access, and the performance of the product(s) and/or service(s) will commence simultaneously.
COMPANY NAME: Octopus Teknoloji Dijital Çözümleri A.Ş.
ADDRESS: Huzur Mah. Fatih Cad. No:67/16 Sarıyer/İSTANBUL
PHONE NUMBER: [Phone number not provided]
EMAIL ADDRESS: firstname.lastname@example.org
MERSIS NUMBER: 0633095443900001
NAME SURNAME/TITLE: ………………….
ADDRESS : ………………….
PHONE NUMBER : ………………….
FAX : ………………….
E-MAIL ADDRESS : ………………….
7.SUBJECT OF THE AGREEMENT – PRODUCT AND/OR SERVICE INFORMATION
7.1. The basic features of the product(s) and/or service(s) (type, quantity, brand/model, color, quantity) are published on the SELLER’s website. If the SELLER has organized a campaign, you can review the basic features of the relevant product during the campaign period. The campaign is valid until the specified date.
7.2. The listed and advertised prices on the website are the sales prices. The announced prices and promises are valid until they are updated or changed. Prices announced for a specific period are valid until the end of the specified period.
7.3. The total sales price, including all taxes, of the product(s) and/or service(s) subject to the agreement is shown below: Product Description Quantity Unit Price Subtotal (Incl. VAT) Shipping Fee Total Payment Method and Plan Delivery Address Recipient Name Billing Address Order Date Delivery Date Delivery Method
7.4. The shipping cost for the product will be paid by the BUYER.
Name/Title Address Phone Fax Email/Username Invoice Delivery: The invoice will be delivered to the billing address along with the order during the order delivery.
9.RULES REGARDING SECURITY, PRIVACY, PERSONAL DATA, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL PROPERTY
The following privacy rules, policies, and terms are applicable to the protection, confidentiality, processing, use of information, communications, and other related matters on the INTERNET SITE.
9.1. Necessary precautions have been taken by the SELLER in the system infrastructure to ensure the security of the information and transactions entered by the BUYER on the INTERNET SITE, considering the current technological capabilities, the nature of the information and transaction. However, since the mentioned information is entered from the BUYER’s device, it is the responsibility of the BUYER to take necessary measures to protect them and prevent unauthorized access, including protection against viruses and similar harmful applications.
9.2.BUYER, in addition to the permissions and approvals given in other ways for personal data and commercial electronic communications, confirms and gives consent for the following purposes related to their membership on the INTERNET SITE and the information obtained during their shopping: SELLER may record and store the information indefinitely or for the duration determined by the SELLER and its successors, for the purpose of providing various products/services, informing, advertising/promoting, communicating, promoting sales, marketing, store cards, credit cards, membership programs, and other electronic and commercial/social communications. This information may be stored in printed/magnetic archives, updated when necessary, shared, transferred, transferred, used, and processed in other ways. In cases required by law, this data may also be shared with the relevant authorities and courts. The BUYER has given consent and permission for the use, sharing, processing, and communication of their personal and non-personal existing and new information, within the scope mentioned above, in compliance with the legislation on the protection of personal data and electronic commerce legislation, as well as for commercial/non-commercial electronic communications and other communications.
9.3.BUYER, can contact the SELLER through the specified communication channels to stop data usage-processing and/or exercise their right to opt-out by using the same channels or by using the opt-out option in electronic communications. Based on the explicit notification from the ALICI, personal data processing and/or communications to the ALICI will be stopped within the legally required maximum period. Furthermore, unless it is legally necessary to retain or possible to anonymize the information, the ALICI’s information will be deleted from the data recording system or anonymized in a way that cannot be identified. If the ALICI wishes, they can contact the SELLER through the specified communication channels to request actions such as rectifying incomplete or inaccurate information, notifying corrected information to relevant third parties, deleting or destroying data, objecting to the occurrence of a result against them through automated systems analysis, or seeking remedy in case of damage due to unlawful data processing. The ALICI can make inquiries and receive information from the SELLER through the above-mentioned communication channels regarding the processing of their personal data. The SELLER will respond to these requests and inquiries within the legally required maximum periods or may refuse them by providing legal justification.
9.4. All intellectual and industrial property rights and ownership rights, including any information, content, and their arrangement, revision, and partial/complete use related to the INTERNET SITE, unless otherwise owned by third parties according to an agreement, belong to the SELLER.
9.5. The SELLER reserves the right to make any necessary changes regarding the above-mentioned matters, and these changes will become effective from the moment they are announced by the SELLER on the INTERNET SITE or through other appropriate methods.
10. GENERAL PROVISIONS
10.2. The SELLER agrees, declares, and undertakes to perform the contractually agreed product and/or service package in accordance with the specified qualities, details, usage period, and terms, without any defects or deviations, in compliance with the relevant legislation, accuracy, and honesty rules. The SELLER also agrees to maintain the quality of the service provided during the usage period, exercise the necessary care and diligence during the performance of the work, and act with caution and foresight.
10.3. The BUYER acknowledges, declares, and undertakes that they will electronically confirm this agreement for the activation of the product and/or service subject to the contract, and in the event of non-payment of the service fee and/or cancellation in the bank records for any reason, the SELLER’s performance obligation will terminate, and this agreement will become null and void.
10.4. The SELLER is responsible for providing the product and/or service specified in this agreement and the Preliminary Information Form to the BUYER as it is. The effective and accurate use of the provided product and/or service and all consequences of such use are the responsibility of the BUYER. The SELLER is not responsible for the BUYER’s failure to achieve their personal expectations and goals as a result of the provided product and/or service.
10.5. The BUYER declares and undertakes that the personal and other miscellaneous information provided during the registration on the SELLER’s website is accurate, and in the event of any damages incurred by the SELLER due to the inaccuracy of this information, the BUYER will compensate the SELLER immediately, in cash and in full, upon the first notification by the SELLER.
10.7. The BUYER shall not use the SELLER’s website in any way that disrupts public order, violates general morality, harasses or disturbs others, or infringes upon the SELLER’s or others’ intellectual and industrial property rights, including material and moral rights. Additionally, the BUYER, as a member of the SELLER’s website, shall not engage in activities (such as spam, viruses, trojan horses, etc.) that prevent or hinder other users from using the services.
10.8. In the case of the product being the subject of the contract, the product shall be delivered to the BUYER or the person/organization designated by the BUYER at the address indicated by the BUYER within the timeframe specified in the preliminary information section on the website, not exceeding the legal period of 30 days, depending on the distance between the BUYER’s place of residence and the SELLER’s location. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
10.9. The SELLER undertakes to provide the product and/or service subject to the contract in a complete and accurate manner, in accordance with the specified qualifications in the order, along with any warranty documents, user manuals, and necessary information and documents related to the job, in compliance with legal requirements and standards, excluding any defects. The SELLER further agrees to perform the service with accuracy and honesty, maintain and enhance the quality of the service, and exercise the necessary care and diligence during the execution of the work.
10.10. In the event that it becomes impossible to fulfill the obligations of the contract regarding the ordered product and/or service, the SELLER agrees to notify the consumer in writing within 3 days from the date of knowledge, and within 14 days, refund the total amount to the BUYER.
10.11. The BUYER agrees to confirm this Agreement electronically for the performance of the product and/or service subject to the contract. In the event of non-payment of the product and/or service price for any reason, or cancellation in the bank records, the BUYER acknowledges and undertakes that the SELLER’s obligation to fulfill the product and/or service subject to the contract will cease.
10.12. The SELLER has the right to contact the BUYER via mail, email, SMS, phone calls, and other communication methods, for communication, marketing, notifications, and other purposes, using the address, email address, landline and mobile phone numbers, and other contact information specified by the BUYER in the registration form on the website or subsequently updated by the BUYER. By accepting this agreement, the BUYER acknowledges and declares that the SELLER may engage in the aforementioned communication activities towards the BUYER.
10.13. The BUYER shall inspect the product/service subject to the contract before accepting it, and shall not accept any damaged or defective product/service with dents, breakages, torn packaging, or any other visible damages from the courier company. The received product/service shall be deemed undamaged and in good condition. The obligation to protect the product/service carefully shall lie with the BUYER after delivery. If the right of withdrawal is to be exercised, the product/service should not be used, and the invoice should be returned.
10.14. The BUYER declares and undertakes that the personal and other related information provided when becoming a member of the SELLER’s website is accurate, and in the event of any damages incurred by the SELLER due to the falsity of this information, the BUYER shall compensate the SELLER immediately, in cash and without delay, upon the SELLER’s first notification.
10.15. The BUYER agrees and undertakes to comply with the provisions of the applicable legislation and not to violate them while using the SELLER’s website. Otherwise, all legal and criminal liabilities arising from such violations shall be solely and exclusively binding on the BUYER.
10.16. The BUYER shall not use the SELLER’s website in a manner that disrupts public order, violates general morality, harasses or disturbs others, or for any unlawful purpose that infringes upon the material and moral rights of others. Additionally, the BUYER shall not engage in activities that prevent or hinder others from using the services (such as spam, viruses, trojans, etc.).
11.1. The Right of Withdrawal is regulated in Article 9, and Exceptions to the Right of Withdrawal are regulated in Article 15 of the Distance Contracts Regulation published in the Official Gazette numbered 29188 on November 27, 2014. Accordingly: Exceptions to the right of withdrawal ARTICLE 15 – (1) Unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following contracts: ğ) Contracts related to services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.”
The Buyer acknowledges that, in accordance with the provision stated in Article 15, paragraph 1, subparagraph (ğ) of the Distance Contracts Regulation published in the Official Gazette numbered 29188 on November 27, 2014, they cannot exercise the right of withdrawal for the product and/or service subject to this Agreement. Therefore, the Buyer accepts that no refund will be made in any way.
12.1. Unforeseeable circumstances that did not exist at the time of the entry into force of the contract, which develop beyond the control of the parties, and render partially or completely impossible for one or both parties to fulfill their obligations and responsibilities under the contract, such as force majeure (natural disasters, war, terrorism, uprising, changes in legislative provisions, confiscation, or strikes, lockouts, significant breakdowns in production and communication facilities, etc.) shall be considered as force majeure. The party affected by the force majeure shall notify the other party of the situation as soon as possible.
12.2. During the continuation of the force majeure, neither party shall be liable for the non-performance of their obligations. If the force majeure situation persists for a period of 30 days, each party shall have the right to terminate the contract unilaterally.
13.DEFAULT AND LEGAL CONSEQUENCES
In the event that the BUYER defaults on payment when making payment transactions with a credit card, the BUYER acknowledges, declares, and undertakes to pay interest and be liable to the card-issuing bank within the framework of the credit card agreement between the cardholder and the bank. In this case, the relevant bank may resort to legal remedies; it may request the expenses and attorney fees incurred and, in any case, if the BUYER defaults on the debt, the BUYER agrees, declares, and undertakes to compensate the SELLER for any damages suffered due to the delayed performance of the debt.
The records of the SELLER (including records in magnetic media such as computers, sound recordings, etc.) constitute conclusive evidence in the resolution of any dispute that may arise from this contract.
15.DISPUTE AND JURISDICTION
In case of any disputes arising from this contract, Turkish Courts shall have jurisdiction, and Turkish Law shall apply.
In the event of any disputes arising from this contract, complaints and objections shall be filed with the consumer dispute resolution board or consumer court in the place where the consumer’s residence is located or where the consumer transaction is conducted, within the monetary limits specified by the Law.
The Buyer declares and acknowledges that they have read all the terms and explanations stated in this Contract and the integral part thereof, which are available on the Website and in the Preliminary Information Form, and that they have been informed in advance about the basic characteristics, qualities, selling price, payment method, delivery conditions, the Seller, and other relevant aspects of the products/services offered for sale. The Buyer further declares and acknowledges that they have seen, read, and accepted the entire content electronically on the website and, by giving their electronic approval and permission, they accept and declare that they accept the terms of this Contract by placing an order for the products/services.
This Contract is deemed to have been read and accepted in its entirety with all its terms when the Buyer, after reading it, makes the payment for the order placed through the Site. The SELLER is responsible for making the necessary software arrangements to ensure that the Buyer reads and accepts this contract on the Site before the order is placed.