Distance Sales Agreement
- PARTIES AND INFORMATION ABOUT THE PRODUCTS
1A-PARTIES
The Buyer
Name / Surname : {{name}}
E-Mail : {{email}}
Seller
Title : Lunarya İletişim Limited Şirketi
E-Mail : [email protected]
Web Site : www.heytipster.com
Address : İÇERENKÖY MH. TOPÇU İBRAHİM SK. QUICK TOWER NO:8 10D ATAŞEHİR /ISTANBUL
Mersis Number : 0609050342600016
Trade Registry : Istanbul Trade Registry / Trade Registry Number: 924490
This distance sales agreement (“Agreement”) is executed by and between Buyer and Seller whose information is given above in accordance with the following terms and conditions.
1B- THE INFORMATION ABOUT PURCHASED PRODUCTS
The Purchased Product: The Custom Travel Advices Booklet
Product Price (VAT Included): The Booklet is prepared on the basis of the travel day chosen by the Buyer individually, and the price of the Booklet per day is 20 USD + VAT. Current sales price specified on the Seller’s website can be updated by the Seller due to campaigns etc. any time. The Booklet prices may vary according to the details of the Booklets and the additions made in line with the Buyer’s wishes and demands. The services specified in this Agreement will be provided free of charge to the customers of İstanbul Sabiha Gökçen Uluslararası Havalimanı Yatırım Yapım ve İşletme A.Ş. and SGC Havalimanı İşletmeleri Ticaret ve Turizm A.Ş.
Number of travel days covered by the product: As appears on the Advices Booklet
- SUBJECT
2.1. This agreement regulates the rights and obligation of the Parties with respect to the sales of and delivery of the products and services ordered by the Buyer electronically through the Seller’s web site, whose qualities and purchase prices are indicated below, as per the provisions of Law on the Protection of Consumer numbered 6502 and the Regulation on Distance Sales Agreements dated 06.03.2011.
2.2 The sale price of the products and services listed below under article 3 and 1 can be changed and updated by the Seller at any time.
2.3 By accepting this distance sales agreement, the Buyer agrees in advance, that (i) in the event that the Buyer confirms the purchase of the products and services constituting the subject of this Agreement, the Buyer will be under the obligation to pay fees of the relevant products and services, taxes and additional fees specified herein, and that (ii) the Buyer is informed on this obligation.
- INFORMATION ON THE PRODUCT AND SERVICES SUBJECT TO THE AGREEMENT
3.1 Main features of the products and services are available on the Seller’s web site.
3.2 The prices that are listed and announced in web site are valid sales prices. Prices and conditions announced under the web site are valid until they are updated or changed. Also, prices that are announced for a specific time period are valid until the end of such specified time period.
3.3 The price of products or services subject to the Agreement (including all taxes) and their main features/qualifications are indicated in the following table:
| 1. Product | |
| Product Name: | The Custom Travel Advices Booklet |
| Delivery
Method: |
Via e-mail |
| Delivery Price: | Non |
| Total Price: | Free of Charge |
| Payment Time of t he Price: | Before this this Agreement established:
– This distant sales agreement will be validly established upon the Buyer’s approval of this Agreement and the Claficiation Text . No fee will be charged from the Buyer. |
| Main Features:
|
– The booklet subject to this Agreement is a travel guide prepared custom for the Buyer and Buyer’s travel target in light of Buyer’s personal preferences that the Buyer has transmitted to the Seller through Seller’s website or via telephone calls, if any. This booklet is not a physical booklet, it is a travel guide including travel advices and it will be sent to the e-mail address or mobile phone of the Buyer in the manner explained below as a web page link.
– This travel guide will contain travel advices for the Buyer as for number of days specified under the section “Number of travel days covered by the product” of Article 1 above. – Travel advices booklet will be sent as a web link to the Buyer’s -or any other e-mail address or phone number notified by the Buyer, following the Buyer’s approval of this Agreement and the Clarification Text. – The booklet will be prepared within 1 week following Buyer’s confirmation of the purchase and collection of the sales price by the Seller, and the booklet will be sent as a web page link to Buyer’s e-mail address or mobile phone number indicated above, or it will be sent to another e-mail address or mobile phone number that the Buyer has notified to the Seller. In the event that the booklet is sent to the mobile phone, the web page link will be sent as a Whatsapp message. The Buyer must have a sufficient and secure internet connection for opening such web page link. Seller shall not be liable for the Buyer’s problems and delays in viewing the booklet on the submitted web page link due to Buyer’s lack of internet connection or Buyer’s quality of internet connection. – Seller is not giving any representation or warranty to the Buyer with respect to the facilities, institutions, companies, persons or opportunities (including – without limitation – institutions, persons and opportunities related to all kinds of accommodation, transportation, alimentation, visitation and tours/travels) that are recommended by or whose information is given within such booklet. In this context, Seller is not giving any representation or warranty to the Buyer with respect to the availability or working hours or quality / satisfaction provided by the services any facility, institution, flight, hotel, restaurant, transportation opportunities, entertainment venue and other facilities and further companies / trade persons that are recommended to be used or visited by such booklet. Such booklet is prepared without controlling the features of such facilities, institutions, and opportunities – suggested in such booklet – such as availability, working hours, suitability for use / visit, service quality. – Buyer shall personally conduct the purchase transactions with respect to all services or products relating to facilities, institutions, companies, persons or opportunities whose information is given in such booklet. And if the Buyer wants to purchase any products or services from such persons, the relevant legal relationships will be established between such persons and the Buyer, and the Seller shall not have any obligations within the scope of such legal relationships. |
- GENERAL TERMS
4.1 The Buyer agrees, represents and warrants that he/she has read the preliminary information on the main features/qualifications, sales prices, methods of payment and delivery relating to the products and services subject to the Agreement on the Seller’s web site (the “Preliminary Information”), got the necessary knowledge on such issues and given the necessary confirmation electronically. Confirmation of Preliminary Information electronically by the Buyer before the execution of this Agreement represents and warrants that the Buyer has received the address information that have to be given by the Seller on the address, main qualifications of products and services that are ordered, prices/fees including all taxes of such products and services, payment and delivery methods accurately and completely.
4.2 The product subject to this Agreement will be delivered to the Buyer within the time period specified within the table under Article 3 above. In the event that the product cannot be delivered in such time period, the Buyer may terminate this agreement.
4.3 The Seller agrees and undertakes that the delivery of the product subject to this Agreement will be delivered completely and in accordance with the qualification specified in the relevant order, free of any defects, in accordance with standards in compliance with requirements of the relevant legislation, and with good faith, and that the Seller will protect and enhance to service quality, show the required care during performing its obligations and act with foresight and prudence.
4.4 In the event that the provision of the product or service subject to the order becomes impossible, the Seller shall inform the Buyer on this situation before expiry of the term indicated for the fulfillment of contractual obligations, and within 15 (fifteen) days following this notification, the Seller shall return the total collected sums to the Buyer.
4.5 The Buyer agrees that it shall confirm this Agreement and Clarification Text electronically with the purpose of receiving the delivery of the product subject to this Agreement, otherwise Seller’s obligation regarding the delivery of the product or services subject to this Agreement shall be waived.
4.6 If the Seller cannot deliver the products and services subject to the Agreement or fulfill its obligations hereunder within due time as a result of circumstances that are beyond the control of the Parties, that are unforeseeable, and that prevent or delay the performance of the obligations of the Parties such as force majeure events, the Seller shall the Buyer on such circumstance. In such case the Buyer has the right to demand from Seller that the orders are cancelled, and/or delivery time is delayed until termination of such circumstances.
4.7 The Seller has the right to reach, send mail, e-mail, text message and other kinds of messages Buyer to and through the address, e-mail address, landline or mobile telephone and other communication means, information on which is provided by the Buyer via the registration form on Seller’s website, or given to the Seller by the Buyer during telephone call or by any other means for the purposes of communication, marketing, promotion notification and other purposes (including with respect to marketing, promotion of Seller’s products and services). By accepting this Agreement, the Buyer agrees and consents that the Seller may communicate with the Buyer as mentioned in this clause. The Buyer can withdraw this consent at any time by reaching the Seller over the communication means, information on which are given under Article 1 above.
4.8 As the product subject to this Agreement will be delivered via e-mail, upon its delivery the Buyer shall control immediately that the product subject to this Agreement is electronically – with an up-to-date computer system – usable.
4.9 The Buyer represents and warrants that the personal information or other information given by the Buyer while placing an order and becoming a member on Seller’s web site are true and accurate, and the Buyer shall immediately compensate all damages of the Seller incurred due to such information not being truthful or accurate upon the notice of Seller.
4.10 Buyer undertakes in advance to comply with all relevant legislation while using the Seller’s web site and the products and services provided by Seller. Otherwise, the Buyer shall be liable for all damages (including – without limitation – all legal and penal obligations) that are incurred by the Seller and shall compensate such damages.
4.11 Buyer signs this Agreement as a consumer. Therefore, the Buyer shall not in any case use the products and services provided by Seller commercially and, the Buyer shall not sell or assign such products or services to third persons.
4.12 The Buyer shall not use Seller’s website in any way that violates the public order or the general morality, that harasses or disturbs others, or violates material or moral rights of others or for illegal purposes. Additionally, the Buyer cannot prevent or complicate (via spam, virus, trojan horse, etc.) the use of products / services by third parties who are members of the Seller’s website and/or who purchase products or services from Seller.
4.13 Links to other web sites and/or other content owned and/or operated by third parties, that are not under the Seller’s control, may be given on the Seller’s website or products and services provided by the Seller electronically. Such links may have advertising purposes or purposes of providing user convenience to the Buyer. Existence of such links shall not be deemed as the Seller supporting any linked web site or its operator and does not constitute a guarantee with respect to the accuracy or truthfulness of the information contained in the linked website.
4.14 In case the Buyer breaches one or more of the clauses under this Agreement, the Buyer shall bear all liability and responsibility with respect to such breach (including – without limitation – all liability and responsibility with respect to criminal law) and hold the Seller harmless from any results of such breach. The Buyer shall compensate the Seller for all damages incurred by the Seller due to such breach.
4.15 The Seller provides an online Booklet on travel planning in the direction of the Buyer’s wishes and demands, by only sharing the travel experience with the Buyer, and this Booklet is prepared only for the purpose of advice. The Buyer undertakes and declares that, The Seller does not make any commitments that the information specified in the Booklet is correct and up to date. The Seller is not liable for any material and other damages, including but not limited to injury or death, that may occur to the Buyer in any activity or place suggested in the Booklet.
4.16 The services and payments determined within the scope of this Agreement can be made through the company mentioned in the Agreement, as well as the relevant services, payments and collections can be carried out through the company’s affiliates and solution/business partners.
- RIGHT OF WITHDRAWAL
5.1 The Custom Travel Advices Booklet is prepared as per this Agreement in accordance with the requests and requirements of the consumer. The consumer has no right of withdrawal relating to “agreements relating to products prepared in light of consumer’s requests or personal needs” as per the Article 15/1 – b of the Regulation on Distance Sales Agreements published in the Official Gazette of Turkey on 27 November 2014 and with respect to “agreements relating to accommodation, transportation of goods / removing, car rental, catering and evaluation of free time with the purposes of entertainment or resting” as per the Article 15/ 1 – g. Therefore, the Buyer has no right of withdrawal in accordance with the Regulation on Distance Sales Agreements Article 15/ 1 – b and g.
- EVENT OF DEFAULT AND ITS LEGAL EFFECTS
6.1 Buyer acknowledges and agrees that the Buyer will pay interest and be liable to the bank within the scope of credit card agreement executed between the Buyer and the bank, that is credit card’s holder, if the Buyer lapses into default with respect to the transactions – if needed- done via credit card. In such case, relevant bank may take legal actions, and may request the Buyer to pay relevant expenses and counsels’ fees. In the event that Buyer lapses into default with respect to its payment obligations, the Buyer shall compensate all losses and damages incurred by the Seller due such default.
- PERSONAL DATA
7.1 With this agreement the Buyer agrees and declares that any processing, transferring, recording and storage of the data belonging to the Buyer shall be subject to rules of the Seller with respect to the processing of personal data, available on the Seller’s website link https://heytripster.com/personal-data-policy/.
7.2 Additionally, the Buyer agree and acknowledges that the validity of this Agreement is conditional upon Buyer’s approval of the Seller’s rules with respect to the processing of personal data, available on the Seller’s website.
- APPLICABLE LAW AND COMPETENT COURT
8.1 This agreement subject to the laws of the Turkish Republic. In relation to conflicts relating to the interpretation and application of this Agreement, Consumer Arbitration Committee and Consumer Courts, located in the place where the residence of the consumer is, shall have the authority to settle issues having a monetary value within the limits indicated by the Ministry.
8.2 This agreement is executed by the Seller for commercial purposes.
- VALIDITY
In the event that payment for the placed order is completed, the Buyer shall be deemed to agree to all terms of this Agreement. This agreement’s validity is additionally subject to approval of the rules of the Seller with respect to the processing of personal data (Clarification Text), available on the Seller’s website. The Seller is obligated to make software regulations that will provide that orders cannot be placed without the Buyer approving that the Buyer has red and accepted the relating to read and accepted the rules of the Seller with respect to the processing of personal data, available on the Seller’s website.
SELLER
Title : Lunarya İletişim Limited Şirketi
BUYER
Name / Surname : {{name}}