Distance Sales Agreement (“Agreement”)
2 May 2022 2024-07-15 4:47Distance Sales Agreement (“Agreement”)
ALFA Information Technologies Management Consulting Ltd. Co. Distance Sales Agreement (“Agreement”)
1 – PARTIES:
This Agreement has been signed between ALFA Information Technologies Management Consulting Ltd. Co., with registered address at Koru Mah. 2579 sok. No: 9-2 Daire:34 Çayyolu 06810 Çankaya Ankara (hereinafter referred to as “ALFA” or “Seller”), and the individual who makes purchases from the Seller’s website (hereinafter referred to as the “Buyer”). When referred to separately, Seller and Buyer shall be referred to as “Party”; when referred to together, they shall be referred to as “Parties”.
2 – SUBJECT OF THE AGREEMENT
The subject of this Agreement is the sale, delivery, return, and resolution of disputes regarding the characteristics and fees of the education/event/workshop/membership that the Buyer orders remotely via communication to the Seller, in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts. The Parties agree that the duration of the education/event/workshop/membership to be provided to the Buyer, the name of the instructor, the format of the education/event, and the sales price of the education/event/workshop/membership are as specified on the denizorbay.com website
3 – TERMS OF USE
The Buyer acknowledges that they have carefully read, approved, and will abide by all the conditions stated in this Distance Sales Agreement before using the service.
4 – PAYMENT METHOD
Participation in the education/event/workshop/membership can be purchased via credit card or EFT/Transfer through the denizorbay.com website. The prices listed and announced on the denizorbay.com website are the sales prices. The announced prices are valid until updated or changed by denizorbay.com. Prices announced for a specified period are valid until the end of the specified period. If the product/service subject to the contract is to be delivered to the Buyer with a material (CD, DVD, FLASH MEMORY, HARD DISK, etc.), the shipping cost related to the shipment shall be paid by the Buyer and is not included in the product/service price. The provisions regarding delivery shall only be applicable in cases where shipment is requested, and delivery via digital data for immediate performance of the service/product is not covered by the contract.
5 – FORCE MAJEURE
If due to force majeure events beyond the control of the Parties, the Seller cannot deliver the education/event within the specified period, the Seller agrees to notify the Buyer of the situation. The Buyer has the right to request cancellation of the order, replacement of the service with a similar one if available, and/or postponement of the service provision until the obstacle is removed. In case of cancellation of the order by the Buyer, in payments made in cash, the product amount shall be refunded in cash within 14 days. In payments made by credit card, the product amount shall be refunded to the relevant bank within 14 days after the Buyer cancels the order. The Buyer agrees that the Seller shall not be liable for the process of crediting the refunded amount to the Buyer’s accounts after the refund to the bank by the Seller.
6 – RIGHT OF WITHDRAWAL
The Buyer understands and accepts that under the Regulation on Distance Contracts published in the Official Gazette dated November 27, 2014 and numbered 29188, the right of withdrawal does not apply to contracts for services performed instantly in electronic environment or non-material goods delivered instantly to the consumer, including online education (including digital educational content).
7 – PRIVACY POLICY
Before using the service, the Buyer acknowledges that they have carefully read, approved, and will abide by the entire Privacy Policy available on denizorbay.com. The Seller has the right to contact the Buyer via mail, email, SMS, phone calls, and other means for communication, marketing, notifications, and other purposes using the address, email address, fixed and mobile phone lines, and other contact information specified by the Buyer on the registration form on the site or updated later. By accepting this agreement, the Buyer acknowledges and agrees that the Seller may engage in the aforementioned communication activities with them.
8 – INFORMATION ON PROTECTION OF PERSONAL DATA AND PRIVACY POLICY
Before using the service, the Buyer acknowledges that they have carefully read, approved, and will abide by the entire Privacy Policy available on denizorbay.com, which provides detailed information on how their Personal Data is protected, stored, processed, and their rights as data subjects under the Law No. 6698 on Protection of Personal Data. In this context, the Buyer freely consents to the recording of their Personal Data and related documents in the data recording systems of ALFA, classification thereof in these systems for the duration prescribed by legislation, and their use in every stage and transaction for fulfilling the requirements of this Agreement, sharing with third parties for the provision of post-sale services, authorized judicial and administrative authorities in compliance with legal obligations, and with ALFA’s affiliated persons and legal entities in contractual relationships, as well as for the purposes specified in the Privacy Policy available on denizorbay.com.
Furthermore, the Buyer declares and undertakes that the personal and other information provided when becoming a member of the denizorbay.com website is accurate, and in case of any damages incurred by the Seller due to the inaccuracy of this information, they will immediately compensate the Seller upon first notice, in cash and without delay. The Seller may use the information transmitted by the Buyers via the denizorbay.com website in accordance with the provisions of the “Privacy Policy”. The Seller may process this information, store it in a database, and use it for statistical evaluation, announcement of campaigns, and provision of personalized services, including but not limited to the identity, address, email address, phone number, IP address, sections of the denizorbay.com site visited by the Buyer, domain type, browser type, visit date, and time.
Personal information of Buyers will not be disclosed to real and legal third parties except for the instances listed above. The Buyer consents to the indefinite or determined period of recording, storage, processing, updating, sharing, transfer, and use of their personal information and related documents by the Seller’s affiliates, partners, successors, and/or third parties-organizations designated by them for all kinds of promotion, advertising, promotion, communication, sales, marketing, and membership applications unless otherwise specified, and to contact them via SMS, internet, mail, telephone, etc. channels. If the Buyer wishes to change their data sharing preferences, they may submit their request through the communication channels specified by the Seller. The information entered for membership on the denizorbay.com website, product/service acquisition, and information update purposes, as well as confidential information related to credit cards and bank cards, are not viewed by other internet users.
Security measures have been taken by the Seller in the system infrastructure to ensure the security of the information and transactions entered by the Buyer from their device, in accordance with today’s technical capabilities, including protection against viruses and similar harmful applications. However, it is the responsibility of the Buyer to take necessary precautions to protect such information and prevent unauthorized access by irrelevant individuals.
9 – PROHIBITION ON ASSIGNMENT
The Buyer may not transfer and/or assign their rights and obligations arising from this Agreement for any purpose without the Seller’s permission and approval.
10 – APPLICABLE LAW – DISPUTE RESOLUTION VENUE
This Agreement shall be governed by and construed in accordance with the laws of the Republic of Turkey. The Parties agree that Ankara Courts and Enforcement Offices shall have jurisdiction over any disputes, conflicts, or contradictions arising from the validity of this Agreement, its breach, or arising in connection with this Agreement or its breach.
11 – EFFECTIVE DATE
The Buyer is deemed to have accepted all the terms of this Agreement upon completing the payment for the order placed via the denizorbay.com website.
12 – TERM OF THE AGREEMENT
Upon delivery of the product specified in this document to the Buyer, the terms stipulated in the Distance Sales Agreement shall commence and conclude.