DISTANCE SALES AGREEMENT

(Internet Sales)

1.  PARTIES

a.  SELLER

Name/Title                           :

Address                                :

Mersis No / Turkish ID No     :

Phone/Fax                            :

Email Address                       :

KEP Address                         :

 

b.  BUYER

Name/Title                           :

Address                                 :

Phone                                  :

Email Address                       :

 

2.  SUBJECT

a.    This Distance Sales Agreement ("Agreement") is executed in compliance with the Law No. 6502 on Consumer Protection ("Law") and the Regulation on Distance Contracts ("Regulation"), for the sale, delivery of goods or provision of services with the qualities specified in this agreement, based on the electronic order or reservation placed by the BUYER for goods or services from the SELLER via the "WUGO" mobile application and its associated websites.

 

b.    The parties of this Agreement acknowledge and declare that they are aware of and understand their obligations and responsibilities arising from the Law and the Regulation on Distance Contracts under this Agreement.

 

3.  PRODUCT AND SERVICE INFORMATION, PAYMENT, DELIVERY

a.  The BUYER undertakes to have reviewed and verified the essential features of the goods/products/services (such as type, quantity, brand/model, color, number), sales price, and other necessary information listed below, and confirms that these details pertain to the goods or services for which the electronic order was placed.

GOODS SALE

Product (Name-Code)

Quantity

Unit Price + VAT

Discount (%)

Total + VAT

 

 

 

 

 

Total

 

 

 

 

 

SERVICE SALE

Service Name

Quantity

Unit Price + VAT

Discount (%)

Total + VAT

 

 

 

 

 

Sum Total

 

 

 

 

 

b.    The BUYER undertakes to pay for the products/services, which are the subject of the electronic order, using the payment methods and procedures specified below, and commits to fulfilling all legal obligations and responsibilities associated with the chosen payment method.

Payment Method

Payment Instrument

Installment / Instant Payment

Credit Card Payment

Credit Card

Instant Payment or Installment

Debit Card Payment

Debit Card

Instant Payment

 

c.    The BUYER undertakes that the following information is valid for the delivery and invoicing of the goods or services ordered electronically, which are the subject of this agreement.

 

DELIVERY INFORMATION

Name/Surname/Title of Person to Whom Delivery Will Be Made

 

Delivery Address

 

Contact Information

 

Email Address

 

Estimated Delivery Date

 

 

INVOICE INFORMATION

Name/Surname/Title of Person to Whom Invoice Will Be Issued

 

Tax ID/Number/TCKN

 

Address

 

Contact Information

 

Email Address

 

 

d.    The BUYER acknowledges and accepts that, unless the SELLER specifies otherwise on the application/website, they have purchased the goods or services ordered electronically under this contract, including any shipping/cargo, VAT, and other additional costs added to the sales price. The BUYER is aware of and agrees to pay these charges.

 

e.    The BUYER can choose any of the payment methods listed in this contract. The BUYER undertakes to bear any costs and expenses related to bank and other intermediaries resulting from their choice of payment method.

 

f.     The BUYER undertakes that they are aware and accept the possibility of price differences in case of deferred or installment sales of the goods or services ordered electronically and agrees to the price difference that may arise due to the choice of deferred or installment payment.

 

g.    The BUYER undertakes to use their own credit card for payments made by credit card, and in case they use a third-party credit card, they will be responsible for all damages and legal liabilities in case of any objections if the card owner's consent is not obtained.


h.  The BUYER undertakes and accepts responsibility for any delays or late deliveries due to incomplete or incorrect information regarding payment methods, and for any damages incurred by third parties or parties involved.

 

i.   The BUYER acknowledges and accepts that the SELLER can change the prices, sales terms, and methods of the products or services offered for sale on the mobile application/website at any time. The BUYER understands that they cannot request any discount or price adjustment for products that have already been paid for due to changes in sales prices. The BUYER is aware that campaigns and other sales-enhancing activities do not guarantee continuity and that these campaigns and activities have their own specific rules and methods.

 

j.   The SELLER has the right and authority to not deliver the goods or services ordered electronically, to stop or suspend the order if the information provided by the BUYER does not match reality, or if the payment method and procedures are incorrect, or if there are objections or warnings from the credit card user regarding payments made by third-party credit cards.

 

k.  The SELLER is obliged to fulfill its obligation within the promised time from the receipt of the BUYER's order for the goods or services subject to the contract. However, for goods sales, this period cannot exceed 30 days. The BUYER can terminate the contract if the SELLER does not fulfill the obligation or make the delivery within the stated time or, in any case, within 30 days.

 

l.   The BUYER is aware and anticipates that they may default if they do not pay the credit card debt to the relevant bank on time for payments made by credit card, and in the event of default, they may face interest and other costs.

 

4.    GENERAL PROVISIONS

a.    The BUYER declares and undertakes that they have read and examined the "Preliminary Information" document containing comprehensive details about the product's basic characteristics, the SELLER or provider's title, address, contact information, the sales price and all additional costs, payment methods and procedures, the right of withdrawal, etc., as specified in Article 5 of the Regulation on Distance Contracts, before placing an electronic order for the products subject to this contract and confirming this contract. The BUYER acknowledges that they have been adequately informed before placing the order and confirming this contract.

 

b.    The SELLER undertakes to deliver the product subject to the contract in full, in accordance with the qualities specified in the order, and with any warranty documents, user manuals, and information and documents required for the business, free from all defects, in compliance with legal requirements, in a standard, appropriate manner, and to perform the service with due care, attention, and prudence based on principles of accuracy and honesty.

 

c.    The SELLER may supply a different product of equal quality and price with the BUYER's explicit consent and notification before the performance obligation arising from the contract expires.

 

d.    If the SELLER cannot fulfill the contractual obligations in case the performance of the product or service subject to the contract becomes impossible, they shall inform the BUYER before the expiry of the performance obligation of the contract and refund the total price to the BUYER within 10 (ten) days.

 

e.    The BUYER will electronically confirm the contract for the delivery of the product subject to the contract. The BUYER agrees that if the product price is not paid or cancelled in the bank records for any reason, the SELLER's obligation to deliver the product will be terminated.

 

f.     The BUYER agrees to purchase the service according to written service terms (maximum number of tickets per person, prices, contents, etc.), and cannot request changes to these service terms. Moreover, the service terms may be subject to change by the SELLER when deemed necessary. The BUYER has no right to object in this case.

 

g.    When purchasing tickets for concerts, theaters, and similar events, the BUYER is obliged to strictly adhere to the security measures and instructions notified by the event venue owner or the SELLER if necessary due to various reasons (attack, natural disaster, epidemic, etc.) before or during the event.

 

h.    When purchasing tickets for concerts, theaters, and similar events, the BUYER accepts that entrance and exit to the event venue are subject to the rules and regulations set by the Event Organizer and the venue, and that re-entry may not be allowed once they leave after ticket control, latecomers may not be admitted or may be admitted late depending on the Event Organizer's rules, and these rules may vary depending on the organizer and venue owner. 

 

i.     The BUYER acknowledges that they are solely responsible for the loss of personal belongings at the event venue.

 

j.     The BUYER agrees and undertakes to return the product subject to the contract to the SELLER within 3 days at the expense of the SELLER, if the product price of the contract is not paid by the relevant bank or financial institution to the SELLER due to unauthorized use of the BUYER's credit card after the delivery of the product or service to the BUYER or the person/organization at the address indicated by the BUYER. Also, the BUYER acknowledges that any digital ticket related to the contracted service will be automatically canceled.

 

k.    If the SELLER cannot deliver the product subject to the contract within the promised period due to force majeure or unforeseen circumstances beyond the control of the parties that prevent or delay fulfillment of obligations, the SELLER will notify the BUYER of the situation. The BUYER has the right to request the cancellation of the order, replacement of the product with an equivalent if available, or postponement of delivery until the barrier is removed. If the BUYER cancels the order, the product amount paid via credit/debit card will be refunded to the respective bank within 7 (seven) days. The BUYER acknowledges that it may take between 2 to 3 weeks for the bank to reflect the refunded amount to the BUYER's account, and any delays in this process are solely related to the bank's procedures, thus the BUYER cannot hold the SELLER responsible for these delays.

 

l.     The SELLER has the right to reach out to the BUYER via letter, email, SMS, phone calls, and other means for communication, marketing, notification, and other purposes using the contact information provided by the BUYER or declared in the membership system or updated later. By accepting this contract, the BUYER agrees and declares that the SELLER can conduct the above-mentioned communication activities towards them.

 

m.  The BUYER will inspect the product subject to the contract before receiving it and will not accept delivery of damaged, broken, torn packaging, or faulty products from the courier company. Once received, the product is deemed to be undamaged and intact. The BUYER is responsible for keeping the product carefully until the right of withdrawal expires. If the right of withdrawal is to be exercised, the product must not be used. The invoice must also be returned.

 

n.    If the cardholder of the credit card used during the order is not the same as the BUYER, or if a security breach is detected in the credit card used for the order before the product is delivered to the BUYER, the SELLER may request the BUYER to provide identity and contact information of the cardholder, the statement of the credit card used in the order for the previous month, or a letter from the cardholder's bank confirming the card belongs to them. The order will be suspended until the BUYER provides the requested information/documents, and if these are not provided within 24 (twenty-four) hours, the SELLER has the right to cancel the order.

 

o.    The BUYER declares and undertakes to immediately and fully compensate the SELLER for any damages incurred due to any discrepancy between the personal and other information provided by the BUYER while registering on the WUGO Platform and the actual facts, upon the SELLER's first notification.

 

p.    The BUYER agrees and undertakes to comply with the legal regulations while using the WUGO Platform and not to violate them. Otherwise, all legal and criminal liabilities arising from such violations will be solely and exclusively binding on the BUYER.

 

q.    The BUYER cannot use the WUGO Platform in any way that disrupts public order, violates general morality, harasses or annoys others, for illegal purposes, or infringes upon the material and moral rights of others. Additionally, the BUYER cannot engage in activities that prevent or hinder other members from using the services (e.g., spam, viruses, Trojan horses, etc.).

 

r.     The WUGO Platform may contain links to other websites and/or content that are not under the control of the SELLER or are owned/operated by third parties. These links are placed to facilitate navigation for the BUYER and do not endorse any website or the person operating that site, nor do they guarantee the information contained in the linked websites.

 

s.    In the Distance Sales Contract, it's specified that if the BUYER violates one or more of the stipulated clauses, they will be personally responsible for any legal and criminal consequences arising from such violations. This responsibility includes indemnifying the SELLER against any legal and criminal outcomes due to these breaches. Additionally, should the matter be escalated to legal proceedings due to such violations, the SELLER reserves the right to claim damages from the BUYER for non-compliance with the terms of the contract.

 

t.     As the BUYER has made the purchase transaction through the WUGO application, they are obliged to comply with the "Platform Usage Rules and Policies" published by WUGO. To avoid any misunderstanding, it should be noted that there is no relationship between the BUYER and the owner of the WUGO application. The BUYER's sole contact is the SELLER, and the BUYER will direct all requests and complaints to the SELLER.

 

u.    Individuals under 18 (eighteen) years of age cannot shop from the Site. The SELLER will assume the age indicated by the buyer in the contract is correct. However, the SELLER will not be responsible if the buyer misrepresents their age.


5.    RIGHT OF WITHDRAWAL

a.    The BUYER, in accordance with Article 9 of the Distance Contracts Regulation, can use their right of withdrawal within 14 (fourteen) days from the delivery date to themselves or the person/organization at the address shown, without any reason or penalty, by using the return form included in this contract. (APPENDIX:1 - Return Form Due to Right of Withdrawal)

 

b.    For distance contracts relating to service provision, this period starts from the contract's signing date. The BUYER must notify the SELLER within this timeframe to exercise the right of withdrawal. The BUYER acknowledges being clearly informed by the seller or provider about the obligations of payment when confirming the order and accepts this in advance. The right of withdrawal cannot be used for service contracts where the service began with the consumer's consent before the end of the withdrawal period.

 

c.    To exercise the right of withdrawal, a written notification must be made to the SELLER within 14 (fourteen) days through WUGO application, registered mail, fax, KEP, or email. The BUYER, when exercising the right of withdrawal, must complete the following: the invoice of the delivered product (if the product's invoice is corporate, a return invoice must be sent with it), the Right of Withdrawal Usage Form, and the products must be returned in their full, undamaged box and packaging with any standard accessories.

 

d.    The BUYER must send the goods to the SELLER within 10 days of notifying the SELLER of their decision to use the right of withdrawal. The SELLER has the right not to refund until the goods or services subject to the right of withdrawal are returned. If the BUYER does not return the goods or services within the terms of the Distance Sales Regulation and this contract, the SELLER can claim and collect damages.

 

e.    The SELLER is obliged to return all payments collected within 14 (fourteen) days from the day the notification of the exercise of the right of withdrawal is received.

 

f.     If the value of the goods decreases due to a fault of the BUYER, or if the return becomes impossible, the BUYER is responsible for compensating the SELLER in proportion to their fault.

 

g.    If the use of the right of withdrawal results in falling below the campaign limit amount set by the SELLER, the discount amount benefited under the campaign will be canceled, and this amount will be collected from the BUYER or offset against the refund.

 

6.  CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED

a.  According to Article 15 of the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014, the right of withdrawal CANNOT BE USED in the following situations:

·     Contracts for goods made to the consumer's specifications or clearly personalized

 

·     Contracts for goods that are liable to deteriorate or expire rapidly

 

·     Contracts for goods whose protective elements such as packaging, tape, seal, package have been opened after delivery, and which are not suitable for return due to health or hygiene reasons

 

·     Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature

 

·     Contracts for books, digital content, and computer consumables in material form, if their protective elements have been opened after delivery

 

·     Contracts for periodicals such as newspapers and magazines, except for those provided under a subscription contract

 

·     Contracts for services related to accommodation, transport of goods, car rental, supply of food and beverages, and leisure activities, if they must be provided on a specific date or period

 

·     Contracts for services performed instantly in an electronic environment, or for intangible goods delivered instantly to the consumer

 

·     Contracts for services started with the consumer's approval before the end of the withdrawal period

 

·     Contracts for goods or services whose prices depend on fluctuations in the financial market and are beyond the control of the seller

 

b.    Apart from the cancellation or postponement of the event by the SELLER, all ticket sales are final. According to the provision (g) of Article 15 of the Distance Contracts Regulation titled "exceptions to the right of withdrawal," contracts for activities that need to be performed on a specific date or period, such as accommodation, goods transport, car rental, supply of food and beverages, and leisure activities, are exceptions to the right of withdrawal. Therefore, there is NO right of withdrawal for event tickets purchased under this contract

 

7.  PRIVACY, PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC COMMUNICATION, AND INTELLECTUAL-INDUSTRIAL RIGHTS

a.  The SELLER will not share any information obtained under this contract, such as the goods or services, payment details, contact information, etc., with third parties. However, the SELLER may disclose these details to comply with legal obligations or upon requests from official institutions.

 

b.  The SELLER cannot store Credit Card details of the BUYER. These details are only used to obtain authorization from banks during payment processing and are deleted after the authorization process.

 

c.  The BUYER’s email address, postal address, phone number, etc., are used only for standard product delivery and information procedures. Campaign information, new product details, promotional information can be sent to the BUYER with their consent.

 

d.  In accordance with the Personal Data Protection Law No. 6698, the SELLER can process personal data of the BUYER during the formation or performance of this contract. The BUYER will be informed under Article 10 of Law No. 6698 about the processing of personal data, as detailed in the “Personal Data Protection Law Information Notice,” which is an annex and an integral part of this contract. (ANNEX:2 - Personal Data Protection Law Information Notice)

 

e.  Commercial electronic communications to the BUYER by the SELLER for any product and service promotions, advertisements, communication, promotions, sales, and marketing, credit card and membership information, transactions, and applications can only be conducted with the explicit consent of the BUYER. The presence or absence of this consent does not affect the validity of this contract between the BUYER and SELLER. 

 

f.   The BUYER acknowledges and undertakes that all intellectual and industrial property rights to the goods or services subject to the electronic order and this contract belong to the SELLER. The BUYER agrees not to engage in any illegal actions or interventions and not to perform any act or transaction that could harm the reputation, respectability, or reliability of the SELLER.

 

8.     OTHER MATTERS

a.    For the implementation of this contract, Consumer Arbitration Committees and Consumer Courts in the BUYER's or SELLER's residence up to the value announced by the Ministry of Industry and Trade are authorized.

 

b.    The SELLER is obliged to keep records and documents related to all transactions concerning the establishment of this contract with the BUYER for 3 years, as required by Article 20 of the Distance Contracts Regulation. In case of any dispute, these records and documents (log records, magnetic or electronic media images and sound recordings, email correspondence, SMS, WhatsApp, and other communication records, etc.) will constitute conclusive and exclusive evidence under Article 193 of the Code of Civil Procedure.

 

c.    The BUYER acknowledges and accepts that the electronic APPROVAL of this contract is binding and legally effective.


d.    This contract has come into effect as of the date of electronic APPROVAL by the BUYER.

Annexes:

ANNEX:1-Return Form Due to Right of Withdrawal

ANNEX:2-Information Notice on Personal Data Protection Law

 

BUYER

SELLER

READ-APPROVED-ACCEPTED

READ-APPROVED-ACCEPTED

 

 

 

 

 

 

RETURN FORM DUE TO RIGHT OF WITHDRAWAL

ANNEX:1

SELLER

 

Address

 

Phone-Fax

 

Email

 

I hereby declare that I exercise my right of withdrawal from the contract related to the sale of the following goods or provision of services

I hereby declare that I exercise my right of withdrawal from the contract related to the sale of the following goods or provision of services

BUYER Name/Title

 

Address

 

Order Date

 

Delivery Date

 

Product or Service Subject to Withdrawal Right

 

 

 

 

 

Amount of Product or Service Subject to Withdrawal Right

 

Date

 

BUYER Signature (Only for Physically Sent Items)

 

 

 

 

PERSONAL DATA PROTECTION LAW INFORMATION NOTICE

ANNEX:2

DATA CONTROLLER Name/Title

 

Postal Address

 

Registered Electronic Mail (KEP) Address:

 

Phone/Fax

 

Website

 

Email Address for Inquiries

 

1.  DATA CONTROLLER

Under the Personal Data Protection Law No. 6698 ("KVKK"), as the Data Controller ("SELLER"), we are committed to processing and securing your personal data lawfully. We ensure that all personal data related to individuals associated with our business is processed and preserved in compliance with the Personal Data Protection Law No. 6698. This Illumination Notice provides details on which of your personal data we process, the purposes of processing, third parties to whom your data is shared, your rights, and how you can contact us.

 

2.  METHOD OF COLLECTING YOUR PERSONAL DATA AND CATEGORIES OF YOUR PERSONAL DATA THAT CAN BE PROCESSED

a.  Your personal data may be collected automatically/semi-automatically and non-automatically, provided it is part of a data recording system, during the establishment and performance of a contractual relationship with our business.

 

b.  Personal data that can be processed by our business include Identity (Name, Surname, National ID No., Date of Birth, etc.), Contact (Phone, Email, Address, etc.), Legal Transaction (Contract Date, Type of Contract, Delivery Time of Goods/Services, etc.), Finance (Payment Method, Payment Amount, Credit Card Details, Bank Account Information, etc.), Customer Transaction (Customer Preferences, Customer Requests/Complaints, Order Information)

 

3.  PURPOSES AND LEGAL REASONS FOR PROCESSING YOUR PERSONAL DATA

a.  In establishing and performing a contractual relationship with our business, your Personal Data such as Identity, Contact, Legal Transaction, Finance, Customer Transaction will be processed for purposes including Executing Information Security Processes, Conducting Activities in Compliance with Legislation, Following and Executing Legal Affairs, Ensuring Security of Data Controller Operations, Conducting Financial and Accounting Affairs, Conducting Communication Activities, Executing Logistic Activities, Conducting Post-Sales Support Services for Goods/Services, Execution of Goods/Services Sales Contracts, Conducting Strategic Planning Activities, Ensuring Security of Movable Property and Resources, based on legal reasons such as Explicitly Foreseen by Law, Establishment or Performance of Contract, Fulfillment of Legal Obligations, Necessity for the Establishment, Exercise, or Protection of a Right, Legitimate Interest of the Data Controller;

 

b.  Your Communication Data will be processed based on your explicit consent for purposes such as Mass SMS & Mailing for Marketing Activities, Customer Loyalty Processes for Company/Product/Service, Conducting Communication Activities, Conducting Customer Satisfaction Oriented Activities, Organization and Event Management, Managing Marketing Analysis Studies, Managing Performance Evaluation Processes, Managing Advertising/Campaign/Promotion Processes, Conducting Strategic Planning Activities, Following Requests/Complaints, Conducting Marketing Processes of Products/Services. Without explicit consent, they will not be processed.

 

4.  TRANSFER OF YOUR PERSONAL DATA

Personal data, for the purposes mentioned above, may be transferred to authorized public institutions and organizations as permitted or required by legal regulations; our lawyers, affiliates, suppliers, group companies, and/or direct/indirect subsidiaries; institutions and third parties responsible for the preservation of personal data, preventing unauthorized access, and preventing illegal processing of personal data. Personal data can only be transferred in compliance with Law No. 6698 and related regulations.

 

5.  YOUR RIGHTS

You can submit your requests within the scope of Article 11 of the KVKK, which regulates the rights of the related person, in writing through a notary or registered letter to the postal address above, registered electronic mail (KEP), secure electronic signature, mobile signature, or by using the email address previously notified to us and recorded in our system to our KEP address written above or to the designated email address for KVKK communication.