Distance Sales Contract

1. PARTIES

This Agreement is signed between the parties mentioned below, under the following terms and conditions.

“BUYER”; (hereinafter referred to as “BUYER” in the agreement)

  • FULL NAME/COMPANY NAME:
  • ADDRESS:
  • PHONE:
  • E-MAIL:

“SELLER”; (hereinafter referred to as “SELLER” in the agreement)

  • COMPANY NAME: Raktive Software Technologies
  • ADDRESS: Yalı Mah. 210 Sk. No:1/6 Güzelbahçe/İzmir
  • PHONE: +90 535 672 64 28
  • EMAIL: hello@raktive.com

By accepting this agreement, the BUYER acknowledges that, upon approval of the software service subject to the agreement, they will be obligated to pay the service fee and any additional charges (such as taxes, technical support fees), and that they have been informed about this obligation in advance.

2. DEFINITIONS

In the implementation and interpretation of this agreement, the terms written below will have the meanings stated next to them.

  • MINISTER: Refers to the Minister of Customs and Trade,
  • MINISTRY: Refers to the Ministry of Customs and Trade,
  • LAW: Refers to Law No. 6502 on Consumer Protection,
  • REGULATION: Refers to the Regulation on Distance Contracts (OG: 27.11.2014/29188),
  • SERVICE: Refers to software development, maintenance, support, and all other software-related consumer transactions performed or committed to be performed in exchange for a fee or benefit,
  • SELLER: Refers to the company offering software services to the consumer in the scope of its commercial or professional activities, or acting on behalf of or in the name of the provider of such services,
  • BUYER: Refers to the real or legal person acquiring, using, or benefiting from a software service for non-commercial or non-professional purposes,
  • SITE: Refers to the website owned by the SELLER,
  • ORDERING PARTY: Refers to the real or legal person requesting a software service through the SELLER’s website,
  • PARTIES: Refers to the SELLER and the BUYER,
  • AGREEMENT: Refers to this agreement entered into between the SELLER and the BUYER,
  • SOFTWARE SERVICE: Refers to the software development, maintenance, updates, support services, and all digital services provided electronically that are subject to the transaction.

3. SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts concerning the sale and delivery of the software services, whose specifications and sale price are listed below, that the BUYER has ordered electronically through the SELLER’s website.

The listed and announced prices on the site are the sale prices. The announced prices and promises are valid until updated or changed. Prices announced for a limited time are valid until the end of the specified period.

4. SELLER INFORMATION

  • Company Name: Raktive Software Technologies
  • Address: Yalı Mah. 210 Sk. No:1/6 Güzelbahçe/İzmir
  • Phone: +90 535 672 64 28
  • Fax: [Insert Fax Number Here]
  • E-mail: hello@raktive.com

5. BUYER INFORMATION

  • Person to be Delivered:
  • Delivery Address:
  • Phone:
  • Fax:
  • E-mail/Username:

6. ORDERING PARTY INFORMATION

  • Full Name/Company Name:
  • Address:
  • Phone:
  • Fax:
  • E-mail/Username:

7. PRODUCT/SERVICE INFORMATION SUBJECT TO THE AGREEMENT

7.1. The essential features of the software service (type, scope, version, user count, etc.) are published on the SELLER’s website. If a campaign is organized by the SELLER, you can review the essential features of the relevant service during the campaign period. The campaign is valid until the specified date.

7.2. The listed and announced prices on the site are the sale prices. The announced prices and promises are valid until updated or changed. Prices announced for a limited time are valid until the end of the specified period.

Payment Method and Plan:

  • Payment Method: Bank transfer/EFT or credit card
    Delivery Address:
    Person to be Delivered:
    Invoice Address:
    Order Date:
    Delivery Date:
    Delivery Method: Delivered electronically via encrypted and secure cloud systems

7.4. The service provision cost (e.g., technical support fee) will be paid by the BUYER.

8. INVOICE INFORMATION

  • Full Name/Company Name:
  • Address:
  • Phone:
  • Fax:
  • E-mail/Username:

Invoice Delivery: The invoice will be sent electronically to the invoice address during the service delivery.

9. GENERAL PROVISIONS

9.1. The BUYER declares that they have read, understood, and confirmed the essential features, sale price, and payment method of the service subject to the agreement on the SELLER’s website, and has provided the necessary confirmation in an electronic environment. The BUYER declares and undertakes that they have obtained the correct and complete information regarding the address, essential features of the service, its price including taxes, and payment and delivery details, which must be provided by the SELLER before the establishment of the distance sales agreement, by confirming this information electronically.

9.3. The SELLER may provide an equivalent service of equal quality and price with the BUYER’s explicit approval before the fulfillment period of the contract expires.

9.4. If the SELLER becomes aware that the performance of the ordered service becomes impossible, they will notify the BUYER in writing within 3 days of becoming aware of this situation, and will refund the total amount to the BUYER within 14 days.

9.5. The BUYER declares and undertakes that they will confirm this Agreement electronically for the delivery of the service subject to the agreement, and that if the service fee is not paid for any reason or is canceled in the bank records, the SELLER’s obligation to provide the service will terminate.

9.6. After the delivery of the service, if the service fee is not paid to the SELLER by the relevant bank or financial institution due to unauthorized use of the BUYER’s payment instrument, the BUYER shall cancel the service and initiate the necessary refund procedures.

9.7. If the SELLER is unable to provide the service within the agreed period due to force majeure or unforeseen circumstances beyond the control of the parties, the SELLER will notify the BUYER of the situation. The BUYER has the right to cancel the order or request an extension of the delivery period. If the BUYER cancels the order, the payments made by the BUYER will be refunded.

9.8. The SELLER has the right to contact the BUYER through e-mail, SMS, phone calls, and other means using the contact information provided by the BUYER during registration or later updated by the BUYER, for communication, marketing, notifications, and other purposes. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in such communication activities.

9.9. The BUYER will take necessary security precautions during the delivery of the service and will not share the service with unauthorized third parties.

9.10. If the holder of the payment instrument (e.g., credit card) used during the order is not the same person as the BUYER or if a security issue is detected with the payment method, the SELLER may request the BUYER to provide information and documents regarding the identity and contact details of the payment instrument holder and to verify the validity of the payment instrument. The order will be suspended until the requested information/documents are provided, and if these requests are not fulfilled within 24 hours, the SELLER reserves the right to cancel the order.

9.11. The BUYER declares and undertakes that the personal and other information they provided while registering on the SELLER’s website is accurate, and that they will compensate the SELLER for all damages incurred due to the inaccuracy of such information, upon the first notification from the SELLER.

9.12. The BUYER agrees and undertakes to comply with the legal regulations while using the SELLER’s website and not to violate them. Otherwise, all legal and penal liabilities will be borne solely by the BUYER.

9.13. The BUYER cannot use the SELLER’s website in any way that disrupts public order, violates general morals, disturbs or harasses others, is unlawful, or infringes upon the material and moral rights of others. Additionally, the BUYER cannot engage in activities (such as spam, viruses, Trojan horses, etc.) that would prevent or complicate the services used by others.

9.14. Links may be provided on the SELLER’s website to other websites and/or content that is not under the control of the SELLER and/or owned or operated by third parties. These links are provided to facilitate navigation for the BUYER and do not constitute support for any website or the person operating that website, nor do they guarantee the information on the linked website.

9.15. A member who violates one or more of the provisions listed in this agreement will be personally responsible for the resulting legal and penal consequences, and the SELLER will be held harmless from the legal and penal consequences of such violations. Additionally, if the violation results in the matter being brought to the legal field, the SELLER reserves the right to claim compensation from the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. If the distance contract relates to the sale of software services, the BUYER may exercise the right of withdrawal within 10 (ten) business days from the date of delivery of the service to the BUYER, by notifying the SELLER, without incurring any legal or penal liability and without providing any justification. For distance contracts related to the provision of services, this period begins from the date of service performance. In service contracts where the service has begun with the consumer’s consent before the withdrawal period expires, the right of withdrawal cannot be exercised. The costs arising from the use of the right of withdrawal are borne by the SELLER. The BUYER acknowledges that they have been informed about the right of withdrawal by accepting this agreement.

10.2. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing via e-mail within the 10 (ten) business day period. In case of exercising this right:

a) If the service was delivered via e-mail, the related e-mail must be stored,

b) The return form must be filled out (if applicable),

c) The SELLER is obliged to refund the total amount and any documents that place the BUYER under debt to the BUYER within 10 (ten) business days from the receipt of the withdrawal notice.

d) If there is a decrease in the value of the service due to a fault caused by the BUYER, the BUYER is obliged to compensate the SELLER’s losses in proportion to their fault. However, the BUYER is not responsible for changes and deterioration caused by the proper use of the service during the withdrawal period.

10.3. SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED:

Services that are customized or prepared according to the explicit personal needs of the BUYER, services that are not suitable for return, services provided instantly in the context of a subscription contract, digital services provided instantly, and intangible services delivered to the user cannot be returned. Also, according to the Regulation, the right of withdrawal cannot be exercised for services that have begun with the consumer’s consent before the withdrawal period expires.

If the BUYER defaults on payment when the transaction is made via credit card, they agree to pay interest under the terms of the credit card agreement with the card-issuing bank and will be liable to the bank. In this case, the bank may pursue legal remedies and claim the associated costs and attorney fees from the BUYER. Additionally, if the BUYER defaults on their debt, the BUYER acknowledges, declares, and undertakes that they will compensate the SELLER for any damages and losses incurred due to the delayed performance of the debt.

12. COMPETENT COURT

In disputes arising from this agreement, complaints and objections can be submitted to the consumer arbitration committee or the consumer court at the BUYER’s place of residence or where the consumer transaction was performed, within the monetary limits specified by the law. Information regarding the monetary limits is provided below:

As of 28/05/2014:

a) In disputes with a value of less than 2,000.00 (two thousand) TL, the district consumer arbitration committees shall have jurisdiction.

b) In disputes with a value of less than 3,000.00 (three thousand) TL, the provincial consumer arbitration committees shall have jurisdiction.

c) In provinces with metropolitan status, the provincial consumer arbitration committees shall have jurisdiction over disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.

13. ENFORCEMENT

By making the payment for the order placed via the Site, the BUYER is deemed to have accepted all terms of this agreement. The SELLER is required to make the necessary software arrangements to ensure that the BUYER reads and accepts this agreement before the order is completed.

SELLER:

BUYER:

DATE: