DISTANCE SALES AGREEMENT
INTRODUCTION
Our company, Trackerups (“Company”, “we”, or “our”), provides the website located at trackerups.com (“Website”, “Site”). All terms, conditions, and notifications referenced here are governed by the trackerups.com Terms of Use (“Terms of Use”). The software is provided via the Vimeo online video player platform at https://trackerups.com
1. PARTIES
This Agreement is signed between the following parties under the terms and conditions specified below:
‘BUYER’; (referred to as “BUYER” in this agreement) NAME-SURNAME:
ADDRESS:
‘SELLER’; (referred to as “SELLER” in this agreement) NAME-SURNAME:
ADDRESS:
By accepting this agreement, the BUYER acknowledges that they are obligated to pay the price of the order and any additional charges such as shipping fees and taxes, if applicable, and that they have been informed of this in advance.
2. DEFINITIONS
For the purposes of this agreement, the following terms will have the meanings ascribed to them:
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
SERVICE: Any consumer transaction other than the provision of goods, made or promised for a fee or benefit,
SELLER: The company providing goods to consumers or acting on behalf of or for the account of the company in the course of its commercial or professional activities,
BUYER: A natural or legal person who acquires, uses, or benefits from a good or service for purposes other than commercial or professional purposes,
SITE: The website belonging to the SELLER,
ORDERING PARTY: The natural or legal person requesting a good or service via the SELLER’s website,
PARTIES: SELLER and BUYER,
AGREEMENT: This agreement executed between the SELLER and BUYER,
GOODS: Tangible goods subject to purchase and intangible goods such as software, audio, video, and other non-material goods prepared for use in electronic environments.
3. SUBJECT
This Agreement regulates the rights and obligations of the parties in accordance with Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale, use, and delivery of the product ordered by the BUYER through the SELLER’s website, as well as its specifications and sale price.
Listed and advertised prices on the site are the sale prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a specific period are valid until the end of that period.
4. SELLER INFORMATION
Title
Address
Phone
Fax
5. BUYER INFORMATION
Recipient
Delivery Address
Phone
Fax
Email/username
6. ORDERING PARTY INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
7. INFORMATION ON THE PRODUCT(S)/SERVICE(S)
- The fundamental characteristics of the product(s)/service(s) (type, quantity, brand/model, color, and number) are published on the SELLER’s website. If the SELLER has organized a campaign, you can review the fundamental characteristics of the relevant product during the campaign period. This is valid until the campaign date.
7.2. Listed and advertised prices on the site are the sale prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a specific period are valid until the end of that period.
8. INVOICE INFORMATION
Name/Surname/Title
Address
Phone
Fax
Email/username
Invoice Delivery: The invoice will be delivered along with the order to the invoice address at the time of delivery.
9. GENERAL PROVISIONS
9.1. The BUYER acknowledges, represents, and undertakes that they have read and understood the basic characteristics of the product, sale price, payment method, and delivery information of the product on the SELLER’s website, and provided electronic confirmation. The BUYER acknowledges, represents, and undertakes that they have obtained the correct and complete information regarding the address to be provided by the SELLER, the basic characteristics of the ordered products, the price including taxes, payment, delivery, and other requested information.
9.2. Since the service subject to the agreement is obtained online, the SELLER will take the necessary actions to ensure that the service is provided in full within 7 days. If the product or service cannot be delivered to the BUYER within this period, except for force majeure, or if the service cannot be defined for the BUYER, the BUYER reserves the right to terminate the agreement.
9.3. The SELLER agrees, represents, and undertakes to perform the contractual obligations in accordance with principles of accuracy and integrity, to maintain and improve service quality, to show the necessary care and attention during the execution of the work, and to act with caution and foresight.
9.4. The SELLER may provide a different product of equal quality and price by informing the BUYER and obtaining their explicit consent before the deadline for fulfilling the contractual obligation.
9.5. If the SELLER cannot fulfill the contractual obligations due to impossibility of performing the subject of the agreement, they agree, represent, and undertake to notify the consumer in writing within 3 days from learning of the situation and to refund the total amount to the BUYER within 14 days.
9.6. The SELLER has the right to reach the BUYER through the address, email address, landline and mobile phone lines, and other contact information specified or updated by the BUYER in the site registration form for communication, marketing, notification, and other purposes through letter, email, SMS, phone call, and other means. By accepting this agreement, the BUYER acknowledges and represents that the SELLER may engage in the aforementioned communication activities.
9.7. The BUYER declares and undertakes that the personal and other information provided when registering on the SELLER’s website is accurate and that they will indemnify the SELLER for all damages arising from the inaccuracy of this information immediately, in cash, and in full, upon the SELLER’s first notice.
9.7. The BUYER accepts and undertakes to comply with and not violate the legal regulations while using the SELLER’s website. Otherwise, all legal and penal liabilities arising will be solely and exclusively binding on the BUYER.
9.8. The BUYER may not use the SELLER’s website in any manner that disrupts public order, is contrary to general morality, harasses or disturbs others, or for any illegal purpose, or violate others’ material and moral rights. Additionally, the BUYER may not engage in activities that prevent or hinder others from using the services (e.g., spam, viruses, Trojan horses, etc.).
9.9. The member violating one or more of the provisions in this agreement is personally liable for legal and penal consequences of such violation and shall hold the SELLER harmless from the legal and penal consequences of such violations. Furthermore, if the violation is referred to the legal domain, the SELLER reserves the right to seek compensation from the member for non-compliance with the membership agreement.
9.10. The training subject to the agreement is provided through the Teachable online training sharing platform via courself.teachable.com. Therefore, the SELLER is not responsible for issues arising from Teachable’s infrastructure such as freezing or server errors. If issues arising from this infrastructure are not resolved within 3 business days, the SELLER will provide necessary solutions and be responsible.
10. RIGHT OF WITHDRAWAL
You have purchased a digital training program from courself.co. You request the cancellation of the assigned training. However, cancellation of the assigned training is not possible under the contracts and relevant legal provisions. Due to various reasons such as copying, distribution, or backup of the digital training, and the initially accepted distance sales agreement, refunding the payment for the training is not possible. The payment for the training has been made, and this training has been assigned to you. Thus, the purpose of the training and the agreement has been achieved, and cancellation and refund are not possible. The service has been provided and assigned to you in accordance with distance sales regulations. After this stage, returning the assigned service is not possible as it is a service that fulfills its purpose once used. *There is no right of return for products with free trial versions.
11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED
Goods prepared according to the BUYER’s request or explicitly for their personal needs and not suitable for return, goods provided under a subscription agreement, periodicals such as newspapers and magazines, services performed instantly in electronic environments, or intangible goods delivered immediately to the consumer, and the return of audio or video recordings, books, digital content, software programs, data recording and storage devices, and computer consumables is not possible under the Regulation. Additionally, the right of withdrawal for services commenced with the consumer’s approval before the end of the withdrawal period is also not possible under the Regulation.
Books, copyable software and programs, videos, online training and courses, DVDs, VCDs, CDs, and cassettes must be unopened, untested, undamaged, and unused to be returned.
12. DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payment transactions made by credit card, they accept, declare, and undertake to pay interest according to the credit card agreement with the card-issuing bank and be responsible to the bank. In this case, the relevant bank may resort to legal remedies; request the incurred costs and attorney fees from the BUYER, and in any case, if the BUYER defaults on the debt,