DISTANCE SALES AGREEMENT

This Agreement regulates the rights and obligations of the parties regarding the sale/delivery of the products and services specified on the website, which the BUYER wishes to purchase by placing an order on the electronic commerce website app.webtures.com (“WEBSITE”) belonging to the SELLER, including transactions made via the application on the BUYER’s mobile device, and other matters. After the BUYER approves this Agreement on app.webtures.com, the price and costs of the Service(s) ordered are collected via the selected payment method.

ARTICLE 1 – PARTIES

SELLER

  • Name: Webtures Dijital Bilişim A.Ş.
  • Address: Esentepe Mah. Milangaz Cad. No:77 A2 Block Floor:32 Flat:219 Kartal / Istanbul
  • Website address: app.webtures.com
  • Email: info@webtures.com
  • Phone: +90 216 599 0495

Hereinafter referred to as the “SELLER”.

BUYER

  • Name, Surname / Title:
  • Address:
  • Phone:
  • Email:

Hereinafter referred to as the “BUYER”.

ARTICLE 2 – SUBJECT OF THE AGREEMENT

The subject of this Agreement is the determination of the rights and obligations of the parties pursuant to the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Principles and Procedures of the Implementation of Distance Contracts, regarding the sale and delivery of the goods/service ordered electronically by the BUYER from the SELLER’s website app.webtures.com, at the sales price specified on the app.webtures.com website and mentioned in this Agreement. The BUYER accepts and declares under the provisions of this Agreement that they have been informed about all preliminary information regarding the basic characteristics of the goods/services subject to sale, the sales price, payment method, delivery conditions, etc., as well as the right of withdrawal, that they have confirmed such preliminary information electronically, and then ordered the goods/service.

ARTICLE 3 – GENERAL PROVISIONS

3.1. The services subject to this Agreement are all sales and commercial activities carried out via app.webtures.com, including SEO support, SEO coaching, SEO analysis, and access services to site scanning tools offered by the SELLER through its website named app.webtures.com.

3.2. The BUYER may use a credit card or other payment methods for the goods/service purchased.

3.3. The BUYER accepts, declares, and undertakes that they consent to the GSM number information provided by them at the stage of purchasing a package with credit card or mobile payment being recorded in the SELLER’s database for the purpose of automatic renewal.

3.4. The BUYER declares that they have been informed about all preliminary information regarding the characteristics, sales price, payment method, and delivery of the services on app.webtures.com and that they have provided the necessary confirmation electronically. Service packages purchased by the BUYER will become active automatically at the time they approve the transaction.

3.5. Delivery is made as soon as possible from the moment the customer approves the sale and the amount is collected from the credit card. The SELLER delivers the goods/service within 1 (one) day from the order and reserves the right to extend this period by an additional 10 (ten) days with written notice within this period. If the goods/service price is not paid for any reason or is cancelled in bank records, the SELLER is deemed to be released from the obligation to deliver the goods/service.

3.6. After delivery, the obligation to protect the goods/service with due care belongs to the BUYER. If the right of withdrawal is to be exercised, the goods/service should not be used. If, after delivery, the relevant bank or financial institution does not pay the goods/service price to the SELLER due to unauthorized persons using the BUYER’s credit card unfairly or unlawfully in a manner not arising from the BUYER’s fault, the BUYER is obliged to send the goods/service to the SELLER within 3 (three) days, provided that it has been delivered to the BUYER.

3.7. The SELLER is responsible for delivering the goods/service subject to the Agreement in a sound and complete manner, in accordance with the qualities specified in the order. The SELLER refunds the goods/service price within 10 (ten) days after the withdrawal declaration reaches it. The SELLER receives the returned goods/service within 20 (twenty) days.

3.8. The type, kind, and sales price including all taxes of the goods/service are as stated in this Agreement, in the information included in the conversation with the support unit and/or in the preliminary information SMS and/or its link, and/or on the goods/service promotion page on the app.webtures.com website, which is considered an integral part of this Agreement.

3.9. If the BUYER makes a purchase by credit card and in installments, the chosen installment method is valid. In installment transactions, the relevant provisions of the agreement signed between the BUYER and the cardholder bank apply. The credit card payment date is determined by the provisions of the agreement between the bank and the BUYER. The BUYER may also track the number of installments and payments from the account statement sent by the bank.

3.10. If the BUYER defaults in transactions made by credit card, they will pay interest and be responsible to the bank within the framework of the credit card agreement they have made with the cardholder bank. In this case, the relevant bank may resort to legal remedies and may request the expenses and attorney fees to arise from the BUYER; and in any case, if the BUYER defaults due to their debt, the BUYER accepts to pay the SELLER’s damages and losses arising from delayed performance of the debt.

3.11. The BUYER accepts, declares, and consents that electronic messages containing information about any advertisements, promotions, and any campaigns carried out and/or to be carried out in the future by the SELLER, who is a party to this Agreement, may reach them.

3.12. In cases where the performance of the goods or service subject to the order becomes impossible due to force majeure or extraordinary circumstances such as adverse weather conditions preventing transportation, interruption of transportation, fire, earthquake, flood, etc., or where it is understood for a justified reason that the goods or service subject to the Agreement cannot be supplied, if the SELLER cannot deliver the goods or service within the period, the SELLER is obliged to notify the BUYER. In this case, the BUYER may use one of the rights to cancel the order, replace the goods or service with an equivalent (if any), and/or postpone the delivery period until the obstructing situation is eliminated. If the BUYER cancels the order, the amount paid will be refunded to them in the same manner as paid. For payments made by the BUYER by credit card, the goods or service amount is refunded to the relevant bank after cancellation of the order by the BUYER. Since the reflection of this amount to the BUYER’s accounts after it is refunded to the bank is entirely related to the bank’s transaction process, the BUYER already accepts that it will not be possible for the SELLER to intervene in any way in possible delays and that it may take an average of 2 to 3 weeks from the refund date for the amount refunded to the credit card by the SELLER to be reflected to the BUYER’s account by the bank.

ARTICLE 4 – RIGHT OF WITHDRAWAL

4.1. The BUYER may exercise the right of withdrawal within 7 (seven) days from the delivery of the goods/service subject to the Agreement, or in case of a membership package, from the date they approve the membership. In order to exercise the right of withdrawal, within the same period, notification must be made to the SELLER’s customer services via email or phone and the goods/service must not have been used within the framework of Article 3.12 and the information published on the app.webtures.com website, which is an integral part of this Agreement. Within 7 days following the receipt of the withdrawal notice, the goods/service price is refunded to the BUYER and the goods/service is taken back within 20 (twenty) days.

4.2. In case of unjustified termination of the Agreement and/or use and consumption of the service subject to the Agreement, no refund will be made.

4.3. By confirming this Agreement electronically, the BUYER is deemed to have confirmed that, before the conclusion of distance contracts, they have obtained correctly and completely the address that must be provided to the consumer by the SELLER, the basic characteristics of the ordered goods/service, the price of the goods/service including taxes, payment and delivery information, and information regarding the right of withdrawal.

(All taxes are included for goods and services purchased within Türkiye. For orders placed from Türkiye to abroad, any customs fees, VAT, and similar fees that may arise from the customs of the destination country or from tax or banking practices are not included.)

4.4. For the delivery of the goods or service subject to the Agreement, it is required that the goods or service price has been paid via the payment method preferred by the BUYER. If the goods or service price is not paid for any reason or is cancelled in bank records, the SELLER is deemed to be released from the obligation to deliver the goods or service.

ARTICLE 5 – RULES ON SECURITY/CONFIDENTIALITY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS, AND INTELLECTUAL/INDUSTRIAL RIGHTS

The privacy rules/policy and terms specified below apply regarding the protection, confidentiality, processing/use of information on app.webtures.com and communications and other matters.

5.1. Necessary measures for the security of the information and transactions entered by the BUYER on app.webtures.com are taken in the system infrastructure on the SELLER’s side, to the extent of today’s technical possibilities, depending on the nature of the information and transaction. However, since such information is entered from the BUYER’s device, the responsibility to take the necessary measures on the BUYER’s side, including those related to viruses and similar harmful applications, to protect them and prevent access by unrelated persons, belongs to the BUYER.

5.2. In addition to and confirming the permissions/consents regarding personal data and commercial electronic communications otherwise given by the BUYER; information obtained during the BUYER’s membership and shopping on app.webtures.com may be recorded, stored in printed/magnetic archives, updated where deemed necessary, shared, transferred, used, and otherwise processed for electronic and other commercial/social communications for the purposes of providing various products/services and any kind of information, advertising-promotion, communication, promotion, sales, marketing, store card, credit card, and membership applications by the SELLER, the current and future affiliates, subsidiaries, partners, successors of Webtures Dijital Bilişim A.Ş. to which it belongs, and/or third parties/organizations to be determined by them, for an indefinite period or for the period they foresee. Such data may also be transmitted to the relevant authorities and courts where required by law. The BUYER has consented and permitted the use, sharing, processing, and contacting (commercial and non-commercial electronic communications and other communications) of their existing and new information, whether personal or not, within the scope above, in accordance with the legislation on personal data protection and electronic commerce.

5.3. The BUYER may stop communications at any time by contacting the SELLER through the specified communication channels for data use/processing and/or by using the right to refuse in electronic communications sent to them. In accordance with the BUYER’s explicit notification in this regard, personal data processing and/or communications to them will be stopped within the maximum legal period; and if the BUYER so wishes, information other than those that must be legally retained and/or those possible will be deleted from the data recording system or anonymized in a way that the identity cannot be determined. If the BUYER wishes, they may apply to the SELLER at any time through the communication channels above and obtain information regarding matters such as processing activities regarding their personal data, persons to whom it is transferred, correction in case of incomplete or incorrect data, notification of corrected information to relevant third parties, deletion or destruction of data, objection to an adverse result arising from analysis by automated systems, and compensation in case of damage due to unlawful processing. Such applications and requests will be fulfilled within maximum legal periods, or may be rejected by explaining the legal reason to the BUYER.

5.4. All intellectual and industrial rights and property rights regarding any information and content on app.webtures.com and their arrangement, revision, and partial/complete use belong to the SELLER and Webtures Dijital Bilişim A.Ş., except for those belonging to other third parties according to the SELLER’s agreement.

5.5. The SELLER reserves the right to make any changes deemed necessary regarding the matters above; such changes become effective from the moment they are announced by the SELLER on app.webtures.com or by other appropriate methods.

5.6. The privacy-security policies and terms of use of other sites accessed from app.webtures.com apply; the SELLER is not responsible for disputes and negative consequences that may arise.

5.7. If it is understood that the SELLER cannot supply the goods or service subject to the Agreement, provided that it clearly informs the BUYER by a method compliant with the law within three (3) days from the date it learns of this situation and obtains the BUYER’s verbal/written approval, it may supply another goods/service of equal quality and price, and the SELLER is deemed to have fulfilled its commitment under the Agreement in this manner. The BUYER is free to give or not give such approval in all respects, and in cases where the BUYER does not give approval, contractual and legal provisions regarding cancellation of the order (termination of the Agreement) shall apply.

ARTICLE 6 – COMPETENT COURT

6.1. Istanbul Anatolian Courts and Istanbul Anatolian Enforcement Offices are competent to resolve disputes that may arise from this Agreement.

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