UPDATED DATE: 25.02.2024

SIDES

This Distance Selling Agreement ("Agreement"); It has been established electronically between the ("BUYER or MEMBER") whose address is specified in Article 5 and the ("SELLER") whose address is specified in Article 4, within the framework of the terms and conditions specified below. The Distance Contracts Regulation applies to matters for which there is no provision in this contract.

SUBJECT AND SCOPE OF THE CONTRACT

This Agreement has been drawn up in accordance with the Consumer Protection Law No. 6502 and the Distance Contracts Regulation. The Parties accept and declare that they know and understand their obligations and responsibilities arising from the Consumer Protection Law No. 6502 and the Distance Contracts Regulation under this Agreement. The subject of this Agreement is the Consumer Protection No. 6502 regarding the sale and delivery of Goods/Services with the qualifications specified in the Agreement, where the BUYER places an electronic order for the purchase of Goods/Services belonging to the SELLER, who offers Goods/Services for sale on the website. It constitutes the determination of the rights and obligations of the Parties in accordance with the provisions of the Law and the Distance Contracts Regulation.

ISSUES ON WHICH THE BUYER IS INFORMED IN PRIOR

3.1. According to the Distance Contracts Regulation, all preliminary notifications required to be made to the consumer have been made with separate texts prepared outside this distance sales contract, and therefore the preliminary information within the scope of the regulation is not included within the scope of this contract.

SELLER INFORMATION

Title: ADN Information Technologies

Address: İstinye neighborhood Gümüş Damla Street Istanbul / Sarıyer

Mersis:

Phone: +90 (545) 422 58 01

Fax:

Seller Email: info@adnbilisim.com.tr

RECEIVER INFORMATIONS

Delivery Person: [invoice-name]

TR Identity Number: [tc-identification-no]

Company Name: [invoice-company]

Tax Office: [tax-office]

Tax Number: [tax-number]

Delivery Address: [invoice-address]

Phone: [phone]

Fax:

Email/Username: [email] / [cargo-name]

Products Received: [product-list]

Payment Method: [payment-method]

Tax Amount: [tax-amount]

Purchase Amount: [total-amount]

Date: [date]

BILLING INFORMATION

Invoice Delivery: The invoice will be delivered to your email address within 7 days from the order delivery. If the SELLER wishes, it can also send the invoice for the products subject to sale to the BUYER's e-mail address registered in the system. All liability arising from the BUYER's inadvertent or intentional misrepresentation of his/her information belongs to the BUYER. In this case, the SELLER is completely faultless and does not accept any liability.

CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION

7.1. The basic features of the Goods/Products/Service (type, quantity, brand/model, color, quantity) are available on the SELLER's website. BUYER accepts and undertakes that he has examined all the product features on the seller's website and that the product he ordered and wants to purchase complies with all his demands.

7.2. The prices listed and announced on the site are the sales price. Declared prices and promises are valid until updated or changed. Prices announced periodically are valid until the end of the specified period. SELLER has the right and authority to update prices at any time.

GENERAL PROVISIONS

8.1. BUYER accepts, declares and undertakes that he/she has read the preliminary information regarding the basic characteristics of the Product subject to the Contract, the sales price and payment method and delivery on the website, and has given the necessary confirmation electronically. BUYER, as a consumer, can submit his requests and complaints to the SELLER contact information above and/or through the channels provided by the website. BUYER; By confirming the Preliminary Information Form electronically, before the establishment of the Distance Sales Contract, the SELLER accepts that it has obtained the address to be given to the BUYER by the SELLER, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information accurately and completely. , declares and undertakes.

8.2. Each product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER, through the cargo company with which the SELLER is integrated, within the period specified in the preliminary information section on the website, depending on the distance of the BUYER's residence, provided that it does not exceed the legal period of 30 days. is delivered. If the SELLER does not fulfill its obligation within this period, the BUYER may terminate the Contract. The delivery date stated on the website as "estimated delivery date" is stated as an estimate and this statement does not contain any commitment. These products will be delivered to the BUYER within 30 days at the latest as stated in the legislation. If the BUYER or the person to be delivered is not at the address at the time of delivery, the SELLER is not responsible for any damages and expenses arising from the BUYER's late receipt of the product and/or not receiving it at all.

8.3. SELLER undertakes to deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with warranty documents, user manuals, if any, and the information and documents required for the job, free from all kinds of defects, in a sound manner in accordance with the requirements of legal legislation, in accordance with the standards, within the principles of accuracy and honesty. accepts, declares and undertakes to perform the work, to maintain and improve the quality of service, to show the necessary care and attention during the performance of the work, and to act with prudence and foresight. If there is a defect, error or deficiency in the delivered products, the BUYER is obliged to immediately notify the SELLER of this situation. Otherwise, the SELLER will not have any liability for damages arising from these errors, omissions or defects.

8.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his express approval before the contractual performance obligation expires. If the BUYER does not approve this situation, the price of the product purchased from the BUYER will be returned to the BUYER.

8.5. BUYER accepts that he/she will confirm this Agreement electronically for the delivery of the product subject to the contract, and that if the price of the product subject to the contract is not paid for any reason and/or is canceled in the records of the bank or financial institution, the SELLER's obligation to deliver the product subject to the contract will end. declares and undertakes. BUYER accepts, declares and undertakes that the SELLER has no liability for payments made to the SELLER by the bank and/or financial institution, but for which a failure code was sent by the bank and/or financial institution for any reason.

8.6. BUYER, in case the price of the product subject to the Contract is not paid to the SELLER by the relevant bank or financial institution as a result of unfair use of the BUYER's credit card by unauthorized persons after the delivery of the Product subject to the Contract to the BUYER or the person and/or organization at the address indicated by the BUYER, He/she accepts, declares and undertakes that he/she will return the product in question to the SELLER within 3 days, at the expense of the BUYER.

8.7. BUYER will inspect the goods/services subject to the contract before receiving them; dents, broken, packaging torn, etc. Damaged and defective goods/services will not be received from the cargo company. The goods/services received will be deemed to be undamaged and intact. The BUYER is responsible for carefully protecting the goods/services after delivery. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.

8.8. Delivery costs of the goods belong to the BUYER unless there is a provision to the contrary. If the SELLER has declared on the website that the delivery fee will be covered by the SELLER, the delivery costs will be borne by the SELLER. Delivery of the goods is made if the SELLER's stock is available and within the promised time after the payment is made.

8.9. In cases where it becomes impossible to fulfill the goods or services subject to the order, the SELLER must notify the BUYER in writing or via the BUYER data recorder within 3 (three) days from the date of learning of this situation and all payments collected, including delivery costs, if any, from the date of notification. It must be returned within fifteen days at the latest. The fact that the goods are not in stock is not considered as impossibility of fulfillment of the goods. In case of payments made by the BUYER by credit card, the average process for the bank to reflect the amount returned to the credit card by the SELLER to the BUYER's account may take up to 2 (two) to 3 (three) weeks, and after this amount is returned to the bank, the reflection of this amount to the BUYER's accounts is entirely through the bank process. BUYER accepts, declares and undertakes that he cannot hold the SELLER responsible for possible delays as it relates to the process.

8.10. If the BUYER and the credit card holder used during the order are not the same person, or if a security vulnerability is detected in the credit card used in the order before the product is delivered to the BUYER, the SELLER will provide the identity and contact information of the credit card holder, the previous month's statement of the credit card used in the order. or may request the BUYER to submit a letter from the card holder's bank stating that the credit card belongs to him/her. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the said demands are not met within 24 (twenty-four) hours, the SELLER has the right to cancel the order.

8.11. In case of sending goods that were not ordered, no rights can be claimed against the BUYER. In these cases, the BUYER's silence or use of the goods cannot be interpreted as a declaration of acceptance for the establishment of the contract.

8.12. There may be restrictions on the number of products that the BUYER can order at times announced on the website. If the BUYER orders more products than stated in the announcements made on the website, the orders may be canceled and the product prices will be refunded to the BUYER within the legal period. BUYER accepts, declares and undertakes that he has placed his order by accepting these issues and that SELLER has the right to cancel the order for orders exceeding the quantity limitation.

8.13. In cases where the BUYER exercises the right to replace the product with a defect-free product due to a defect in the product sold, and if the product subject to sale is no longer produced, the SELLER may decide to deliver another product that is equivalent to this product to the BUYER.

8.14. If the SELLER cannot deliver the products within the time stipulated in the contract due to force majeure such as earthquake, flood, fire, epidemic disease, problem in raw material supply, the product delivery period will be extended until these force majeure events disappear. The SELLER delivers the products within 7 - 15 days at the latest after the force majeure ceases. If the force majeure events have made the delivery of the products impossible or unbearable for the SELLER, then the SELLER may cancel the sale and return the product price to the BUYER if it has collected it. If the contract and order are terminated in accordance with this article, the BUYER cannot claim any material or moral compensation from the SELLER.

SPECIAL PROVISIONS

9.1. If the seller wishes, he may decide to sell the products in installments. SELLER has full freedom to decide whether to sell in installments or not and to choose installment options. By organizing campaigns, your bank may apply a higher number of installments than the number of installments you have chosen, and services such as installment postponement may be offered. Such campaigns are at the initiative of your bank and if the SELLER is informed, information about the campaigns is provided on our pages. Starting from the statement date of your credit card, the order total will be divided by the number of installments and reflected in your credit card statement by your bank. The bank may not distribute the installment amounts evenly over the months, taking into account the fractional differences. Creating your detailed payment plan is at the discretion of your bank.

9.2.The liability assumed by the Seller under this Agreement is fault liability. The seller cannot be held responsible for any damage unless fault is proven. If there is an advertising ban or a ban within the scope of the service in the sector / business line in which the Member operates, the responsibility arising from the lack of information and information about these prohibitions belongs to the Member. If there is content to be produced, this content is subject to the Member's approval, so all legal responsibility for the approved content belongs to the Member.

9.3.The service provided as a result of the Member placing an order is deemed to have ended from the moment the password, report and similar relevant information are delivered to the Member. The Seller's responsibility ends upon delivery of the relevant information. Liability up to the moment of delivery is fault liability. The seller cannot be held responsible for anything in which he is not at fault. The seller does not give any guarantee regarding the usefulness of the service/order purchased by the member and the success of the service result, unless it is specifically stated in the offers offered through communication channels in the services offered to the member. If the Member suffers damage due to a cyber attack that occurs during the contract period, the Seller is not responsible for the damages suffered by the Member or third parties. The Member is fully and solely responsible for all damages and liability against the law.

9.4.The Seller uses the service it offers within the scope of the approval given by the customer with this contract, as a reference, provided that it does not share confidential and personal data. website, commercial messages, social media platforms, forum sites, etc. can be used in all written, visual and internet media. The Member expressly consents and accepts the use of the Google PageSpeed Insights test result in the reference section, where the Member's website link, logo and the name of the real or legal person receiving the service are required.

9.5.During the performance of the service, the Member via the website or any messaging application expressly consents to the sharing of personal data with compulsory third parties. The provisions of the Personal Data Protection Law apply to the storage and protection of personal data. Login information that is not directly related to the service, such as login information for applications such as customer panel, domain or hosting etc., but is given to the Customer by the Member, is used by the Seller for its intended purpose. The Seller cannot be held responsible if this data is stolen or obtained by third parties. The Seller's liability against the law is limited only to its fault. The member is solely and fully responsible for the protection of all personal or corporate information against third parties.

9.6.The Seller may send commercial messages to the Member's e-mail and contact numbers for advertising and promotional purposes related to other services offered but not within the scope of this agreement, and may contact the Seller's telephone number 0232 215 01 33 or 0541 527 56 07. The member expressly consents to the commercial messages, advertisements and promotions to be made through these channels by signing this agreement.

9.7.If it is within the scope of the product ordered by the Member, WordPress training will be provided to the Member by the Seller after the delivery of the relevant service. This training will be held via Google Meet program with a maximum of 5 participants and screen sharing. By signing this agreement, the Member is deemed to have accepted the recording and archiving of this training to be given by the Seller and accepts that all rights regarding this recording belong to the Seller. The Member cannot make any rights or demands from the Seller regarding the record to be taken within the scope of this article, but the record received will be shared with the Member upon request.

9.8.The invoice for the service provided will be issued by the Seller within a maximum of 7 days following the delivery and payment of the service in accordance with Article 231 of the Tax Procedure Law. The Seller is not responsible for errors that are not caused by the Seller's fault.

9.9.If it is within the scope of the product in the order placed by the BUYER, if a technical problem occurs on the website within 3-7 days after the completion of the service and the delivery of the order is notified to the BUYER by e-mail, the Seller will review it free of charge. If it is understood that the problem detected as a result of the examination is due to the work of the Seller, the Seller is obliged to solve the problem free of charge, but if the source of the problem is related to third parties, the Seller notifies this situation to the BUYER in writing. If the BUYER requests the problem to be corrected, this service is subject to an additional fee. Pricing is done externally.

9.10. If the order placed by the BUYER contains a custom-made software, add-on, theme, etc., it cannot be shared by the BUYER with third parties, with or without a fee. In case of sharing, all rights of the Seller, including compensation, are reserved. Allowing or using a product licensed for the domain through the license verification system in other domain names without permission is also within the scope of this article.

9.11.SELLER does not accept responsibility for any technical malfunctions on the system it provides service to. BUYER irrevocably releases SELLER from all possible damages that may arise from technical malfunctions that may occur while using the system.

9.12.The validity guarantee for third-party licensed services provided by the SELLER is 1 year from the delivery date. All issues such as technical glitches, updates, and non-functionality that may arise at the end of 1 year are the responsibility of the BUYER.

9.13.SELLER does not offer more than 1 year warranty on third party software. The BUYER is entirely responsible for the renewal of periodical software and plug-ins that need to be renewed from third party software.

9.14. If the payment is not transferred to the SELLER's account due to the BUYER accidentally or deliberately entering incorrect information in the information form on the SELLER's website during the payment (money transfer/EFT/Fast), there will be no legal or contractual period, including the delivery time of the service. does not work

9.15 BUYER accepts and undertakes to contact the SELLER in case of a complaint regarding the service received or a defect in the service. If no defects are found in the checks made after contacting or if the SELLER is not at fault, the SELLER accepts and undertakes not to make any propaganda or discourse against the website in any communication tools such as social media, print and visual media, otherwise to compensate for the damage suffered to commercial reputation.

RULES REGARDING PERSONAL DATA PROTECTION AND INTELLECTUAL-INDUSTRIAL RIGHTS

10.1. The personal data of the BUYER, which can be defined as personal data within the scope of the Personal Data Protection Law No. 6698, is processed by the SELLER and the necessary clarification documents regarding the personal data processed have been submitted to the BUYER in the relevant parts of the website.

10.2. BUYER undertakes that the personal data he provides in all transactions made on the website are his own, accurate and up-to-date.

10.3 From the moment the BUYER uses the website; By approving this agreement, he accepts the sharing of his personal data with the following third parties for purposes such as security, advertising, statistics and verification, and the storage and transfer of this data on overseas servers.

a) CleanTalk Spam Protect

b)Wistia

c) Yandex Metrica

d) Elementor

e)WooCommerce

f) HubSpot

g)Google Analytics

h) PixelYourSite

i) Wordfence

i) Cloudflare

j) Microsoft Clarity

RIGHT OF WITHDRAWAL

11.1. BUYER may return the goods/services purchased within 14 (fourteen) days from the delivery date by exercising his right of withdrawal, without assuming any legal or criminal liability and without giving any reason.

11.2. Notification of the right of withdrawal and notifications regarding the Agreement can be made via the SELLER's website, by sending to the SELLER's address or via the SELLER's e-mail address. Detailed information about the exercise of the right of withdrawal can also be found in the preliminary information form prepared in accordance with the Distance Contracts Regulation.

11.3. In order to exercise the right of withdrawal, it is necessary to notify the SELLER within the time limit in accordance with the legislation provisions and the right of withdrawal option on the website.

11.4. In case the right of withdrawal is exercised:

a) The BUYER sends the goods back to the SELLER via the contracted cargo company within 10 (ten) days after exercising his right of withdrawal.

b) Within the scope of the right of withdrawal, the Goods box, packaging, and standard accessories, if any, must be returned along with the other products given as a gift, complete and undamaged.

11.5. The BUYER is not responsible for any changes or deteriorations that occur if the product is used in accordance with its operation, technical specifications and usage instructions within the withdrawal period.

11.6. Within 14 (fourteen) days following the exercise of the right of withdrawal, the cost of the goods will be returned to the BUYER in the same manner as paid. While the goods are being returned to the SELLER, the original invoice submitted to the BUYER during the delivery of the goods must also be returned by the BUYER.

11.7. As long as the BUYER sends the Goods to be returned to the SELLER via the SELLER's contracted cargo company specified in the preliminary information form, the return shipping cost belongs to the SELLER. If there is no SELLER's contracted cargo company branch in the BUYER's location for the return, the BUYER will be able to send it with any cargo company. In this case, the shipping cost belongs to the SELLER. If the BUYER sends the goods to be returned by a cargo company other than the SELLER's contracted cargo company specified in the Preliminary Information Form, the SELLER is not responsible for the return shipping fee and the damage that the Goods may suffer during the shipping process.

11.8. In cases where the BUYER exercises his right of withdrawal, or in cases where the product subject to the order cannot be supplied for various reasons, or in cases where a refund is decided to the BUYER by the decisions of the arbitration committee, if the purchase is made by credit card and in installments, the refund procedure to the credit card is stated below:

Regardless of how many installments the BUYER purchased the product in, the Bank repays the BUYER in installments. After the SELLER pays the entire product price to the bank at once, and in case the installment expenditures made through the Bank's POS are refunded to the BUYER's credit card, the requested refund amounts are transferred by the Bank to the holder's accounts in installments in order to prevent the parties involved in the matter from being victimized. If the installment amounts paid by the BUYER until the cancellation of the sale do not coincide with the refund date and the account cut-off dates of the card, 1 (one) refund will be reflected on the card every month and the BUYER will continue to pay the installments he/she paid before the refund for an additional month equal to the number of installments he/she paid before the refund, after the installments of the sale are completed. will be deducted from its receivables and existing debts.

CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED

12.1. BUYER cannot exercise his right of withdrawal in the following contracts:

a) Contracts regarding goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the SELLER

b) Contracts regarding goods prepared in line with the wishes or personal needs of the consumer

c) Contracts for the delivery of goods that can quickly deteriorate or expire

d) Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene.

d) Contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature.

e) Contracts regarding books, digital content and computer consumables presented in tangible form, if the protective elements such as packaging, tape, seal and package have been opened after the delivery of the goods.

f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.

g) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and utilization of free time for entertainment or recreation purposes, which must be made on a certain date or period.

g) Contracts regarding services performed instantly in electronic environment and intangible goods delivered instantly to the BUYER.

h) Contracts regarding services whose performance started with the approval of the BUYER before the right of withdrawal expires.

DIGITAL PRODUCTS/SERVICES FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

1. Domain Name Sale/Transfer: Sale or transfer of domain names registered from the international center.
2. Content Placement: Customized content and visual preparation.
3. SSL Certificates: Site-specific international security certificates.
4. Automatic SEO Contents: Specially created SEO content.
5. Promotional Article Packages: Special promotional articles and their publication.
6. Special Web design and Development: Websites designed and developed specifically for the customer. This service is non-refundable as it is customized to the customer's needs.
7. Custom Software Solutions: Software solutions developed for the specific needs of your business.
8. E-Commerce Systems: Customized e-commerce solutions and infrastructures. These systems are non-returnable as they are designed and installed to the customer's specific requirements.
9. User Interface/UI Design: Special user interface design and user experience development studies.
10. Mobile Application Development: Custom mobile application development services for iOS, Android or other platforms.
11. SEO and Digital Marketing Services: SEO optimization and digital marketing campaigns to increase the visibility of your website in search engines.
12. Social media management: Custom content creation and management services for your social media accounts.

The Goods/Service subject to the contract are excluded from the scope of application of the Distance Contracts Regulation (foodstuffs, beverages or other daily consumption items delivered to the BUYER's residence by regular deliveries of the SELLER, and services in areas such as travel, accommodation, restaurant business, entertainment industry). ) If it consists of goods/service types, the right of withdrawal cannot be exercised since the provisions of the Distance Contracts Regulation cannot be applied to the legal relationship between the BUYER and the SELLER.

DISPUTE RESOLUTION

13.1. In the implementation of this Distance Sales Agreement, Consumer Arbitration Committees and Consumer Courts located in the place where the BUYER purchased the Goods or Services and where he resides are authorized, up to the value declared by the Ministry of Commerce.

13.2. District/provincial consumer arbitration committees are authorized for consumer requests in line with the lower and upper limits specified in the first paragraph of Article 68 of the Law on Consumer Protection No. 6502. In disputes that fall within the scope of mediation, it is mandatory to apply to a mediator before filing a lawsuit.

13.3. In all disputes that may arise from this contract, Turkish Law will apply, regardless of whether the contract contains a foreign element or not.

PRICE OF GOODS/SERVICES

14.1 The cash or deferred sales price of the goods is included in the order form, but is the price included in the information e-mail sent at the end of the order and in the invoice sent to the customer along with the product. Discounts, coupons, shipping fees and other applications made by the SELLER are reflected in the sales price.

DEFAULT AND LEGAL CONSEQUENCES

15.1. If the BUYER defaults on the transactions made with his credit card, the card holder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may take legal action, request the expenses and attorney fees incurred from the BUYER, and in any case, in case of default due to the BUYER's debt, the BUYER will be responsible for the damage and loss suffered by the SELLER due to the delayed performance of the BUYER's debt.

NOTIFICATIONS and EVIDENCE AGREEMENT

16.1. All correspondence between the Parties under this Agreement will be made via e-mail, except for the mandatory cases listed in the legislation.

16.2. BUYER acknowledges that, in case of disputes that may arise from this Agreement, the SELLER's official books and commercial records, as well as the electronic information and computer records kept in its database and servers, will constitute binding, definitive and exclusive evidence, and that this article is evidence within the meaning of Article 193 of the Code of Civil Procedure. accepts, declares and undertakes that it is in the nature of a contract.

FORCE

17.1. This Agreement, consisting of 17 (seventeen) articles, has been read by the Parties and has been concluded and entered into force by being approved electronically by the BUYER on the transaction date. A copy of the contract is available on the BUYER's website and can also be sent by e-mail upon request.