Distance Selling Agreement
15 December 2023 2023-12-15 15:02Distance Selling Agreement
ARTICLE 1 – PARTIES
SALES PERSON:
Title: Turkish Education Academy
Address: Kızılay ANKARA Website: www.northwesteu.com
E-Mail: info@northwesteu.com
Customer Services Phone: 08503058909
1.2. BUYER(“CONSUMER”)
Name/surname/:
Recipient Email Address:
Address:
Phone:
ARTICLE 2 – SUBJECT
The subject of this contract is to determine the rights and obligations of the parties in accordance with the provisions of the Law on Consumer Protection No. 6502, regarding the sale and delivery of the product whose qualities and sales price are specified below, which the CONSUMER ordered electronically from the website www.turkiyeegitimakademisi.com.
ARTICLE 3- INFORMATION CONCERNING THE PRODUCT, PAYMENT AND DELIVERY SUBJECT TO THE CONTRACT
3.1- Name, quantity, sales price including VAT, payment method and basic characteristics of the goods or services subject to the contract
Product contents have been prepared by North West University and the relevant institution is responsible for training and certification. The vendor company provides consultancy for relevant training.
Product/Service Name and Basic Features Quantity Usage Period Sales Price is the amount stated in the 10th article of this contract.
3.2- Payment Method: Transaction by Credit Card.
On the order summary page, there is information on how many installments the order total will be paid in. Your bank may organize campaigns and apply a higher number of installments than the number of installments you have chosen, and services such as postponement of installments may be offered. Such campaigns are at the discretion of your bank, and if our company is aware of them, information about the campaigns is provided on our pages.
Starting from the statement date of your credit card, the order total will be divided by the number of installments and reflected in your credit card statement by your bank. The bank may not distribute the installment amounts evenly over the months, taking into account the fractional differences. Creating your detailed payment plan is at the discretion of your bank.
3.3- On the other hand, since deferred sales are made only with credit cards belonging to banks, the CONSUMER will also confirm the relevant interest rates and information regarding default interest from his bank, and in accordance with the provisions of the legislation in force, the provisions regarding interest and default interest will not be included in the credit card agreement between the Bank and the CONSUMER. accepts, declares and undertakes that it will be implemented within the scope of
3.4 – Return Procedure:
After the payment for the relevant training is made, a refund can be made due to force majeure. You have 7 days after making your purchase to make a return. In accordance with the legal regulations, we make the payments of the relevant stakeholders within 7 days after you purchase the training, so you must send an e-mail to info@turkiyeegitimakademisi.com within 7 days for refunds . In order for the refund and cancellation to occur, you must not have used copyrighted documents and videos. Refunds cannot be made if the total duration of the training videos (total video content loaded in the system) is watched for more than 5 minutes or if the participant participates in live broadcasts. (Situations in which the Right of Withdrawal Law No. 6052 on Consumer Protection cannot be used: Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer) In case a refund is requested due to force majeure, the right to make a refund after a 20% legal deduction is at the discretion of the educational institution. Even if payment is not made, the training fee specified in this contract will be collected in accordance with the contract if the videos are watched for more than 5 minutes. Lessons consist of PDF or Book and Videos. Live or online broadcasts about the course are to assist the trainee, they are not a component of the course, and are not included in the subject of the contract. There is no obligation to attend live courses, and failure to attend the course cannot be a reason for cancellation.
In cases where the CONSUMER exercises his right of withdrawal, or in cases where the product subject to the order cannot be supplied for various reasons, or in cases where a refund is decided to the CONSUMER by the decisions of the arbitral tribunal, the refund procedure regarding the payment options is stated below:
- a) Return Procedure for Credit Card Payment Options
If the purchase is made by credit card and in installments, the Bank repays the CONSUMER in installments no matter how many installments the CONSUMER purchased the product with. After the SELLER pays the entire product price to the bank in one go, in case the installment expenditures made through the Bank’s POS are refunded to the CONSUMER’s credit card, the requested refund amounts are transferred by the Bank to the holder’s accounts in installments in order to prevent the parties involved in the matter from being victimized. If the installment amounts paid by the CONSUMER until the cancellation of the sale do not coincide with the refund date and the account cut-off dates of the card, 1 (one) refund will be reflected on the card every month and the CONSUMER will be able to pay the installments he paid before the refund for an additional month as many as the number of installments he paid before the return, after the installments of the sale are completed. will be deducted from its receivables and existing debts.
In case of returning goods and services purchased by card, the SELLER cannot pay the CONSUMER in cash, in accordance with the contract made with the Bank. In case of a refund, the SELLER will make the refund through the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or as an offset, cash payment cannot be made to the CONSUMER in accordance with the procedure we have explained above. The refund to the credit card will be made by the Bank in accordance with the above procedure, after the SELLER pays the amount to the Bank in one lump sum.
CONSUMER acknowledges and undertakes that he has read and accepted this procedure.
- b) Return Procedure for Money Transfer/EFT Payment Options
The refund will be made by wire transfer and EFT to the account specified by the CONSUMER (the account must be in the name of the person at the billing address or in the name of the user member) by requesting bank account information from the CONSUMER.
SELLER pays the bank the entire price of the product at once.
In case of return of goods and services purchased via money order/EFT, the SELLER cannot pay the CONSUMER in cash, in accordance with the contract made with the Bank. In case of a refund, the SELLER will make the refund through the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or as an offset, cash payment cannot be made to the CONSUMER in accordance with the procedure we have explained above.
CONSUMER acknowledges and undertakes that he has read and accepted this procedure.
3.5- Delivery Method and Address:
Since the service subject to the contract is a digital content service, the CONSUMER can start benefiting from the service as soon as he makes the purchase. If he/she successfully completes the Digital Training Content, he/she will be able to receive his/her certificate digitally from the system. If the printed certificate request is made to us in writing via our website; Cargo can be sent to the address entered by the CONSUMER through the system.
Packaging, shipping and delivery costs are covered by the CONSUMER. The shipping fee is 25TL / 45TL and the shipping price is not added to the order total amount. It is not included in the product price. The delivery will be delivered by hand, via the contracted cargo company, to the above-mentioned address of the CONSUMER. Even if the CONSUMER is not at his address at the time of delivery, our Company will be deemed to have fulfilled its obligation fully and completely. Therefore, the SELLER is not responsible for any damages and expenses arising from the CONSUMER receiving the product late and/or not receiving it at all. SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
3.6. The product subject to the contract includes the certificate/document that will be shipped at the end of the digital training content service received, if deserved. The BUYER will have access to digital content for 360 days and will have the right to take the exam 3 times for training with exams. The digital content service will remain accessible to the BUYER for 360 days as stated in the table above. The payment includes 360-day access and the certificate/document to be earned upon successful completion of the training.
3.7 The service received for the invoice is training, and this training is mediated by Teak Aş, and since the service procurement period covers one year, the training fee will be invoiced within a one-year usage period. Book/system usage fees, if any, are invoiced at the time of delivery.
In VAT law no. 3065; It is determined as “Occurrence of taxable event: Article 10 – Taxable Event: a) In cases of delivery of goods and performance of services, delivery of goods or provision of service”.
ARTICLE 4 – RIGHT OF WITHDRAWAL
4.1. The CONSUMER has the right to withdraw from this Distance Sales Agreement signed with the SELLER within 14 (fourteen) days without giving any reason and without paying any penalty . The right of withdrawal period is the day the contract was established in contracts regarding the performance of services; In contracts regarding the delivery of goods, it starts on the day the CONSUMER or the third party designated by the CONSUMER receives the goods. However, the CONSUMER may also exercise his right of withdrawal within the period from the establishment of the contract to the delivery of the goods. In determining the period of right of withdrawal;
- a) For goods subject to a single order and delivered separately, the day the CONSUMER or the third party designated by the CONSUMER receives the last good,
b) For goods consisting of more than one piece, the day the CONSUMER or the third party determined by the CONSUMER receives the last piece, c) In contracts where regular delivery of goods is made for a certain period of time, the day when the CONSUMER or the third party determined by the CONSUMER receives the first goods is taken as basis. You can make your withdrawal notification via the easy return option on your personal membership page at www.teakademi.org before the right of withdrawal expires. The carrier stipulated within the scope of your right of withdrawal is the cargo company to which the ordered product was delivered to you, and details regarding return shipping are explained in the easy return option on your personal membership page at www.teakademi.org.
The consumer cannot exercise his right of withdrawal in the following contracts:
- a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the SELLER or the provider.
b) Contracts regarding goods prepared in line with the wishes or personal needs of the consumer. c) Contracts regarding the delivery of goods that can quickly deteriorate or exceed their expiration date. d) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of goods that are not suitable for return in terms of health and hygiene. d) Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature. , contracts regarding digital content and computer consumables.f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.g) Accommodation, goods transportation, car rental, food and beverage supply, which must be made on a certain date or period. and contracts regarding the use of free time for entertainment or recreation purposes.ğ) Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the CONSUMER.h) Concerning services whose performance started with the approval of the CONSUMER before the right of withdrawal expires. contracts.
Digital content is in force under the Distance Contracts Regulation; digital content; It is defined as “all kinds of data presented in digital form such as computer programs, applications, games, music, videos and text.” In the same regulation, permanent data storage; “Short message, e-mail, internet, disk, CD, DVD, memory card and any similar device that allows the information sent by the consumer or sent to him/her to be recorded and copied without modification in a way that allows the consumer to review this information for a reasonable period of time in accordance with its purpose and allows this information to be accessed verbatim.” It is defined as “any kind of tool or environment.” The service/product offered by the seller within the framework of this agreement is within the scope of the product or service to be transmitted via digital data or permanent data storage defined in the said regulation.
4.2. Paragraph “ğ” of Article 15 of the Distance Contracts Regulation, which came into force after being published in the Official Gazette dated 27.11.2014, states “Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.” Since the consumer has no right of withdrawal, the Buyer accepts and declares in advance that the distance education package he has purchased is within the scope of Article 15/ğ of the said Regulation and therefore he has no right of withdrawal.
4.3. If the Buyer is provided with training materials in the content of permanent data storage upon his/her own request, this will remain within the scope of clause “e” of Article 15 of the Distance Contracts Regulation. According to this article, “Contracts regarding books, digital content and computer consumables offered in tangible form, if the protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods.” Since it will be within the scope of the product, the return of these products will not be accepted if the packaging has been opened, and therefore the Buyer will not be able to exercise his right of withdrawal in terms of the training materials presented to him within the framework of the training package contract.
ARTICLE 5 – GENERAL PROVISIONS
5.1- CONSUMER declares that he has read the preliminary information regarding the product subject to the contract on the website www.turkiyeegitimakademisi.com/ and has given the necessary confirmation electronically.
5.2- The product will be delivered within 30 days from the contract date at the latest. All responsibility belongs to the SELLER until the moment of delivery of the product. 5.3- If the product subject to the contract is to be delivered to another person/organization other than the CONSUMER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery. 5.4- SELLER ensures that the product subject to the contract is intact. is responsible for delivering it completely, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any. 5.5- For the delivery of the product subject to the contract, the price of this contract must be paid by the payment method preferred by the CONSUMER. If the price of the product is not paid for any reason or is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product. 5.6- After the delivery of the product, the CONSUMER’s credit card is used unfairly or unlawfully by unauthorized persons in a way that is not due to the CONSUMER’s fault. If the bank or financial institution does not pay the price of the product to the SELLER, the product must be sent to the SELLER, provided that it has been delivered to the CONSUMER. 5.7- In case of defective (defective, damaged, etc.) products or products that are not sold with a warranty certificate or within the scope of warranty In case of malfunction or deterioration within the terms and conditions, the products in question can be sent to the SELLER for the necessary repairs to be carried out by the authorized service, in which case the shipping expenses will be covered by the SELLER. 5.8- In order for the refund transactions to be made in accordance with the general communiqué of the Tax Procedure Law No. 385, the relevant invoice we have sent to you has a return section. The sections must be filled in completely and signed, and then sent back to us with the product.
ARTICLE 6: FORCE MAJEURE
6.1 In a way that prevents either party from properly performing its obligations arising from this Agreement; Circumstances such as the order of any authority or an unforeseen reason, long-term interruptions in the internet and other communication lines, decisions and actions of BRSA, BTK and other relevant institutions preventing the activities that cannot be foreseen by the parties and make the implementation of this Agreement impossible will be considered as force majeure.
6.2. The party exposed to force majeure shall take the necessary measures to eliminate the conditions that prevent it from fulfilling its obligations under the Agreement and to fulfill its obligations with minimum delay.
Article 7: AUTHORIZED DATABASE and PERSONAL DATA PROTECTION
7.1. When deemed necessary, the Seller may record, share, use, store, process and keep the Buyer’s personal information in connection with the transactions made or direct marketing and similar purposes by the real or legal persons with whom it cooperates. Information requested from the Buyer or provided by the Buyer to the Seller during the conclusion of this contract on the Seller’s website or through other means, and information regarding the transactions made by the Buyer, and the agreements made by the Seller and its collaborators with the members of the Buyer’s website and businesses. Even if it is beyond the specified purposes and scope, it can also be used to make various statistical evaluations, create a database or conduct market research without disclosing the identity of the Buyer.
7.2. In accordance with Law No. 5651, as the person who provides and operates the systems containing services and content, the Seller may also use the Buyer’s IP address, when necessary, to identify the Buyer in a general way and to collect comprehensive demographic information, in order to identify system-related problems and resolve problems that may arise on the site. . The seller’s website may also provide links to other websites. The seller does not bear any responsibility for the privacy practices and content of the websites accessed through this link.7.3. The Seller will not disclose the Buyer’s information to companies and third parties with which it is not in cooperation, unless otherwise stated in this Privacy Policy and in the limited cases stated below. These situations; 1) Laws, Decree Laws, Regulations, etc. issued by the competent legal authorities and in force. Complying with the obligations imposed by the rules of law, 2) Fulfilling the requirements of the contracts made by the Institution with its members and the businesses it cooperates with and putting them into practice, 3) Requesting information about the Buyer in order to duly conduct a research or investigation by the competent administrative and judicial authorities. 4) Giving information to protect the rights or security of the Buyer. 7.4 Pursuant to the Law on the Regulation of Electronic Commerce No. 6563, the Buyer; By concluding this contract, you are entitled to receive commercial electronic messages of all kinds via telephone, call center, fax, automatic dialing machines, smart voice recorder systems, SMS, e-mail and other means by the Seller and the real and legal persons with whom it cooperates, and to send you commercial electronic messages of all kinds, campaigns, declares and undertakes that he/she accepts the sending of commercial electronic messages regarding advertisements, promotions, related activities, collaborations, competitions, games, innovations, current services, changes and all other matters. The content and conditions of the training program requested by the Buyer belong to the Seller and its address is 1 He/she clearly declares and accepts that he / she has accepted the program content and conditions after reading and reviewing the training described in detail on the website specified in the article.
ARTICLE 8 – DISPUTES AND COMPETENT COURT
In case of disputes regarding this contract; Turkish Courts are competent; The applicable law is Turkish Law.
Ankara Courts and Enforcement Offices are authorized to resolve possible disputes.
ARTICLE 9 – NOTIFICATIONS AND EVIDENCE AGREEMENT
All correspondence between the Parties under this Agreement will be made via e-mail, except for the mandatory cases listed in the legislation. The Buyer acknowledges that in case of disputes that may arise from this Agreement, the Seller’s official books and commercial records, the electronic information and computer records kept in its own database and servers will constitute binding, definitive and exclusive evidence, and that this article is an evidence contract within the meaning of Article 193 of the Code of Civil Procedure. accepts, declares and undertakes that it is of
ARTICLE 10: EDUCATION FEE AND PAYMENT PLAN
The distance sales contract for this training service, consisting of 10 articles, was drawn up in two copies by the parties on {today} and was accepted and signed with a conscious consumer approach, in accordance with distance communication tools.
If the order is placed, the CONSUMER is deemed to have accepted all the conditions of this agreement. If the order is placed, the CONSUMER is deemed to have accepted all the conditions of this agreement.
This contract is signed and approved by the user by recording the IP number of the digital device with which the user logs into the system.