Distance Sales Contract

Parties to the contract
ARTICLE 1 - (1) This Agreement has been signed between Softivation(R) (hereinafter referred to as "Seller") operating at Nilüfer/BURSA and the person shopping at softivation.com/en internet address (hereinafter referred to as "Buyer").
(2) When the Seller and the Buyer are referred to separately, the term "Party" shall be used; when referred to together, the term "Parties" shall be used.
 
Subject of the contract
ARTICLE 2 - (1) The subject of this Agreement; It is to determine the procedures and principles for determining the rights and obligations of the Parties by the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the Buyer ordered electronically from the softivation.com/en website of the Seller.
 
Product subject to contract
ARTICLE 3 - (1) The content of the Training and Services, name of the trainer, and sales price including taxes are as stated on the website.
(2) Trainings/Services can be purchased by credit card or eft/transfer method via softivation.com/en.
(3) Since forward sales are made only with credit cards belonging to banks, the Buyer agrees, declares and undertakes that it will confirm the relevant interest rates and information on default interest from its bank separately and that the provisions regarding interest and default interest by the provisions of the legislation in force will be applied within the scope of the credit card agreement between the bank and the Buyer.
 
Return procedure
ARTICLE 4 - (1) For purchases made by credit card; In cases where the Buyer uses the right of withdrawal or in cases where the product subject to the shopping cannot be supplied for various reasons or in cases where it is decided to refund the Buyer with the decisions of the Consumer Arbitration Committee if the shopping is made by credit card and in instalments, the credit card refund procedure is as follows:
a) The bank repays the buyer in instalments, depending on how many instalments the buyer has purchased the product.
b) After the Seller pays the full amount of the product price to the bank at one time, if the instalment expenditures made from the bank poses are returned to the Buyer's credit card, the requested refund amounts are transferred to the bearer party accounts by the bank in instalments to prevent the parties involved in the matter from being victimized.
c) The instalment amounts paid by the Buyer until the cancellation of the sale, if the return date and the account cut-off dates of the card do not coincide, 1 (one) refund will be reflected on the card every month and the Buyer will receive the instalments paid before the return for the number of months after the instalments of the sale are over and will be deducted from the existing debts. In the event of the return of goods and services purchased with the card, the Seller cannot pay the Buyer in cash by the contract with the bank. In case of a return transaction, the merchant, i.e. the Seller, will make the return through the relevant software, and since the merchant, i.e. the Seller, is obliged to pay the relevant amount to the bank in cash or in offset, the Buyer will not be paid in cash by the above-mentioned procedure.
d) The refund to the credit card will be made by the bank in accordance with the above procedure after the Seller has paid the price to the bank in one lump sum. The Buyer accepts, declares and undertakes that he/she has read and accepted this procedure.
(2) For purchases made by wire transfer / EFT; By requesting bank account information from the Buyer, it will be made in the form of wire transfer / EFT to the account specified by the Buyer (The account must be in the name of the person at the billing address or in the name of the user member.
 
Delivery method and address
ARTICLE 5 - (1) Since the Training/Services are online or face-to-face, the necessary information will be sent to the e-mail address specified by the Buyer. If it is thought that it has not been received, the Recipient is required to check the junk/spam box section of the e-mail address.
(2) If the order is realized, the Buyer shall be deemed to have accepted all the terms of this Agreement.
 
General Provisions
ARTICLE 6 - (1) Buyer, softivation.com/en accepts, declares and undertakes that he/she has read and informed the preliminary information about the basic qualities of the product subject to the Contract, the sales price and payment method and delivery on the website and that he/she has given the necessary confirmation electronically.
(2) The product subject to the Contract shall be delivered to the Buyer or the person/organization at the address indicated by the Buyer or the person/organization at the address indicated by the Buyer within the period announced in the preliminary information on the website, depending on the distance of the Buyer's settlement for each product, provided that it does not exceed the legal period of 30 (thirty) days.
(3) If the product subject to the Contract is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible for the failure of the person/organization to accept the delivery.
(4) The Seller is responsible for delivering the product subject to the Contract intact, complete, by the qualifications specified in the order and with warranty documents and user manuals, if any.
(5) For the delivery of the product subject to the Contract, the signed copy of this Contract must be delivered to the Seller and the price must be paid by the Buyer's preferred payment method. If for any reason the price of the product is not paid or is cancelled in the bank records, the Seller shall be deemed to be released from the obligation to deliver the product.
(6) After the delivery of the product, if the relevant bank or financial institution does not pay the product price to the Seller due to the unfair or unlawful use of the credit card of the Buyer by unauthorized persons in a way that is not caused by the fault of the Buyer, the product must be sent to the Seller within 3 (three) days, provided that it has been delivered to the Buyer.
 
Right of withdrawal
ARTICLE 7 - (1) The Buyer has no right of withdrawal due to the copying of the contents after the Buyer has accessed the training or service subject to the Contract. If the participant wishes to cancel his/her registration, the entire training fee can be refunded 1 (one) week before the start of the training or service and 50% up to 3 (three) days before the start of the training or service. No refund will be given less than 3 (three) days before the start of the training. There will be no refund for training that have already been purchased and can be used immediately (ready to use).  The participant irrevocably accepts, declares and undertakes that he accepts this condition in advance.
 
Default provisions
ARTICLE 8 - (1) In the event that the Parties fail to fulfil their obligations arising from this Agreement, the provisions of "Default of the Debtor" in Articles 106 and 108 of the Code of Obligations shall apply. In cases of default, in the event that any Party fails to fulfil its obligations within the due time without a justifiable reason, the other Party shall give a period of 7 (seven) days to the non-performing party to fulfil the performance in question. In the event that the performance is not fulfilled within this period, the non-performing Party shall be deemed to be in default and the creditor shall have the right to demand the delivery of the goods by demanding the performance of the performance, and/or the termination of the Contract and the return of the price.
 
Completeness and binding nature of contractual clauses
ARTICLE 9 - (1) The terms ofthis Agreement and its Annexes constitute the complete and sole statement of the agreement reached between the Parties. In the event of a conflict of the terms of this Agreement with, but not limited to, the following, the terms of this Agreement shall prevail:
Any oral and written statements exchanged before the signature of this Agreement.
All trade and commerce procedures of the Parties and their written declarations.
Bids that are not attached to the Contract and past contracts whose validity is not specified.
Any provision recorded on any proforma invoice, invoice or other document issued by the Purchaser or any third party about this Contract.
 
Amendment of the contract
ARTICLE 10 - (1) Additional protocols may be made with the agreement of the Parties to amend the Agreement and/or to introduce new provisions. These amendments shall not be valid and binding unless made in writing and duly signed.
(2) Any additional protocols to be concluded shall be considered as an integral part of this Convention.
 
Prohibition of transfer and assignment
ARTICLE 11 - (1) The Buyer may not transfer and/or assign its rights and obligations arising from this Agreement for any purpose without the consent and approval of the Seller.
 
Privacy
ARTICLE 12 - (1) Each Party shall use information obtained from the other Party only for the purposes for which it was provided and shall prevent third parties from accessing such information and shall keep such information confidential in the same manner as its trade secrets. This obligation of confidentiality does not apply to information obtained from a third party that is generally known, that can be proven to have been independently developed by the recipient of the information, or that is not subject to any non-disclosure obligation to the discloser. Likewise, this obligation shall not apply if either party is legally required to disclose any of the information it has obtained. This obligation shall survive the expiration of this Agreement indefinitely.
(2) Following any termination of this Agreement, all information disclosed and all copies thereof shall be returned to the Party that provided such information within 3 (three) days following its written request. Information and copies that cannot be returned shall be destroyed.
(3) The Parties acknowledge that any unauthorized disclosure, use or disposition of information may result in irreparable harm, loss of business and substantial damage to the Party in possession of the information. Therefore, if either Party breaches this confidentiality provision, it hereby declares, agrees and undertakes to indemnify the other Party for any direct damages, including, without limitation, indemnification of its expenses, costs, and attorneys' fees arising from such breach.
(4) The Parties shall notify each other as soon as possible if the personal data shared with them are obtained by others through unlawful means.
 
Waiver and partial invalidity
ARTICLE 13 - (1) The failure of any Party to enforce the provisions of this Agreement or any right arising out of this Agreement and its Annexes shall not be construed as a waiver of such rights.
(2) The invalidity or unenforceability of any provision of this Agreement for any reason whatsoever shall not affect the validity or enforceability of the other provisions. In such event, the Parties shall use their best efforts to agree on the provisions of this Agreement that have the closest mutual commercial effect in replacing the provisions that have lost their validity or enforceability.
 
Force majeure
ARTICLE 14 - (1) For an event to be considered as force majeure within the framework of this Agreement, it must be unavoidable, unavoidable or unremediable although the Party affected by the event has exercised due care and attention and taken the necessary measures, and this situation must significantly or completely adversely affect the fulfilment of the obligations under the Agreement in terms of time and/or cost.
(2) The Parties shall not be liable for any loss or damage arising directly or indirectly, directly or indirectly, from natural disasters, war, acts of terrorism, government restrictions, import or export regime, trade disputes, fire, explosion, flood or other natural events, closure of factories and facilities or any other similar cause, which are beyond the control of the Parties, nor shall the Parties be held liable for any failure to perform their obligations or delays in the performance of their obligations due to such causes. If the Seller cannot deliver the product subject to this Agreement within the time limit, in such cases, the Buyer may use one of the rights to cancel the order or postpone the delivery period until the preventive situation is eliminated, and the Seller has no responsibility. If the Buyer cancels the order, the amount paid shall be refunded to him.
(3) Under the last paragraph of Article 9 of the Regulation on Distance Contracts, if the Seller is unable to fulfil its obligations under the Contract by claiming that it has become impossible to fulfil the goods or services subject to the order (if the product cannot be supplied in any way from the supplier company), it accepts, declares and undertakes to notify the Buyer of this situation before the expiration of the performance obligation arising from the Contract. In this case, the Buyer has the right to terminate the Agreement immediately, and the Seller agrees, declares and undertakes that the Buyer will return the price of the product ordered by the Buyer and all documents, if any, that put it under debt.
 
Notification addresses
ARTICLE 15 - (1) The Parties acknowledge, declare and undertake that the addresses written in Article 1 of this Agreement are their legal notification addresses, and unless the other Party is notified in writing of a change of address, notifications to be made to these addresses shall be legally valid and shall have all the legal consequences of a duly executed notification.
 
Cases where there is no provision
ARTICLE 16 - (1) In cases where there is no provision inthis Agreement, general provisions shall apply.
 
Competent jurisdiction
ARTICLE 17 - (1) In the resolution of disputes that may arise between the parties due to this Agreement and its Annexes, first of all, reconciliation shall be tried to be achieved within the framework of Article 35/A of the Attorneyship Law No. 1136 and the Regulation on Reconciliation of the Union of Turkish Bar Associations published in the Official Gazette dated 14/04/2017 and numbered 30038.
(2) Bursa Courts, Enforcement Offices and Consumer Arbitration Committees are authorized in case of failure to reach an agreement.
 
Taxes and fees
ARTICLE 18 - (1) Stamp tax that may arise due to the signing ofthis Contract shall be borne by the Contractor.
 
Effectiveness of the contract
ARTICLE 19 - (1) This Agreement consists of 5 (five) pages and 19 (nineteen) articles; 2 (two) originals were signed jointly by the authorized representatives of the Parties on .../.../2023. 
Buyer
 
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softivation.com/en
Softivation(R)