DISTANCE SALES CONTRACT

DISTANCE SALES CONTRACT

 

1.PARTIES

 

This Agreement has been signed between the following parties under the following terms and conditions.

 

A. 'BUYER'; (hereinafter referred to as “BUYER” in the contract)

B. 'SELLER'; (hereinafter referred to as “SELLER” in the contract)

 

By accepting this contract, the BUYER agrees in advance that if he/she approves the order subject to the contract, he/she will be obliged to pay the price subject to the order and additional fees such as tax and that he/she has been informed in this regard.

 

2.DEFINITIONS

 

In the application and interpretation of this agreement, the following terms shall mean the written explanations opposite them.

 

SERVICE : The subject matter of all kinds of consumer transactions other than the provision of goods made or undertaken to be made in return for a fee or benefit,

 

SELLER : The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the consumer,

BUYER : A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,

 

SITE/PLATFORM : The website or platform belonging to the SELLER,

 

ORDER GIVER: A natural or legal person who requests a good or service through the website/platform of the SELLER,

 

PARTIES : SELLER and BUYER,

 

CONTRACT : This contract concluded between the SELLER and the BUYER,

 

GOODS: The RWAs that are the subject of the exchange are real assets that have tangible equivalents.

 

3.SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Distance Sales Contract regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER ordered electronically through the SELLER's website / platform.

 

The prices listed and announced on the site are the sales price. The advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.

 

4. SELLER INFORMATION

 

Title

Address

Telephone

Email

 

(Defined on the website/platform)

 

5. BUYER INFORMATION

 

Name/Surname/Title

Telephone

Email

 

(Defined on the website/platform)

 

6. ORDERING PERSON INFORMATION

 

Name/Surname/Title

Address

Telephone

Email

 

(Defined on the website/platform)

 

7. PRODUCT(S) SUBJECT TO THE CONTRACT

 

1. The basic features (type, quantity, brand / model, color, quantity) of the Goods / Products / Products / Service are published on the website / platform of the SELLER. If a campaign is organized by the Seller, you can review the basic features of the relevant product during the campaign. Valid until the date of the campaign.

 

7.2. The prices listed and announced on the site are the sales price. The advertised prices and promises are valid until they are updated and changed. Prices announced for a period of time are valid until the end of the specified period.

 

8. INVOICE INFORMATION

 

Name/Surname/Title

Address

Telephone

Email

 

(Defined on the website/platform)

 

9. GENERAL PROVISIONS

 

9.1. The BUYER accepts, declares and undertakes that he / she has read and informed the preliminary information regarding the basic characteristics, sales price and payment method and delivery of the product subject to the contract on the website / platform of the SELLER and that he / she has given the necessary confirmation electronically. BUYER; Confirming the Preliminary Information electronically, before the establishment of the distance sales contract, the address that must be given to the BUYER by the SELLER, the basic features of the products ordered, the price of the products including taxes, payment and delivery information, also accepts, declares and undertakes that it has obtained accurate and complete.

 

9.2. If the SELLER cannot fulfill its contractual obligations in case it becomes impossible to fulfill the product or service subject to the order, the SELLER accepts, declares and undertakes that it will notify the consumer in writing within 3 days from the date of learning of this situation, and that it will refund the total price to the BUYER within the period notified on the website / platform.

 

9.3. The BUYER accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of the product subject to the Contract, and if for any reason the price of the product subject to the contract is not paid and / or canceled in the bank records, the SELLER's obligation to deliver the product subject to the contract will end.

 

9.4. If the BUYER and the credit card holder used during the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request the BUYER to submit the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month or the letter from the cardholder's bank stating that the credit card belongs to him. The order will be frozen until the BUYER provides the information / documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.

 

9.5. The BUYER declares and undertakes that the personal and other information provided by the SELLER while becoming a member of the website / platform belonging to the SELLER is in accordance with the truth, and that the SELLER will compensate all damages that the SELLER may incur due to the untruthfulness of this information immediately, in cash and in full upon the first notification of the SELLER.

 

9.6. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them while using the website/platform belonging to the SELLER. Otherwise, all legal and penal obligations that may arise shall be fully and exclusively binding on the BUYER.

 

9.7. The BUYER may not use the SELLER's website/platform in any way that disrupts public order, violates public morality, disturbs and harasses others, for a purpose contrary to the law, in a way that violates the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.

 

9.8. Over the website/platform belonging to the SELLER, links may be given to other websites and/or other contents that are not under the SELLER's own control and/or owned and/or operated by other third parties. These links are provided to provide ease of orientation to the BUYER and do not support any website or the person operating that website and do not constitute any guarantee for the information contained in the linked website.

 

9.9. The member who violates one or more of the articles listed in this contract shall be criminally and legally responsible for this violation and shall hold the SELLER free from the legal and criminal consequences of these violations. In addition; Due to this violation, if the incident is transferred to the legal field, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.

 

10. RIGHT OF WITHDRAWAL

 

10.1. The BUYER cannot use the right of withdrawal in any way in purchases made using blockchain technology (transactions made through Credipto and Terramirum platforms). Due to the nature of blockchain technology, transactions cannot be reversed or changed. Therefore, it is not possible to return products purchased through the marketplace or to refund payments.

 

In funding processes, the right of withdrawal can only be exercised within the funding period and within the period specified in the funding terms on the website/platform. If the right of withdrawal is exercised, refunds are made under the conditions set out on the website/platform.   This is because all applications made within the specified period are kept in a “waiting list”. After the funding process is completed, the payments made cannot be refunded as they are recorded in the blockchain. By accepting this contract, the BUYER agrees that he/she has been informed about the right of withdrawal and will not claim any rights.

 

 

 

 

11. DEFAULT AND LEGAL CONSEQUENCES

 

The BUYER accepts, declares and undertakes that if he/she defaults in the event that he/she makes payment transactions by credit card, he/she will pay interest within the framework of the credit card agreement between the cardholder bank and the bank and will be liable to the bank. In this case, the relevant bank may apply for legal remedies; may request the costs and attorney's fee from the BUYER and in any case, if the BUYER defaults due to the BUYER's debt, the BUYER accepts, declares and undertakes that the BUYER will pay the loss and damage incurred by the SELLER due to the delayed performance of the debt.

 

12. AUTHORIZED COURT

 

Complaints and appeals in disputes arising out of this agreement shall be filed with the courts of Germany

 

13. ENFORCEMENT

 

The BUYER is deemed to have accepted all the terms of this contract when he/she makes the payment for the order placed through the Site. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is realized.

 

SELLER:

 

BUYER:

 

DATE: