Distance Sales Contract
DISTANCE SALES CONTRACT
ARTICLE 1 – PARTIES
1.1. INTERMEDIARY SERVICE PROVIDER
- Title: Waytogo Software and Consulting Services Inc.
- Address: SANAYI MAH. TEKNOPARK BLVD. NO: 1 /4C INTERIOR DOOR NO: Z08 PENDIK/ ISTANBUL
- Email: info@waytogo.live
- Website: https://www.waytogo.live/
1.2. BUYER
- Name Surname / Title:
- Turkish ID Number:
- Tax Office:
- Tax Number:
- Address:
- Phone Number:
- Email:
1.3. SELLER
- Name Surname / Title:
- Turkish ID Number:
- Tax Office:
- Tax Number:
- Address:
- Phone Number:
- Email:
In this Distance Sales Contract ("Contract"), the Intermediary Service Provider, Seller and Buyer shall hereinafter be referred to individually as "PARTY" and collectively as "PARTIES".
ARTICLE 2 – SUBJECT OF THE CONTRACT
2.1 The subject of this Contract is to determine the rights and obligations of the Parties in accordance with the provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation published in the Official Gazette dated November 27, 2014 and numbered 29188, regarding the Buyer's purchase of online education or online professional coaching consulting services ("Service") to be provided by the Seller through the Intermediary Service Provider's platform ("Platform").
2.2 The Pre-Information Form and User Agreement are integral parts of this Contract.
ARTICLE 3 – OBLIGATIONS OF THE PARTIES
3.1. The Buyer accepts, declares and undertakes that they have purchased the Service with knowledge of the characteristics of the Service, the fee to be paid for the Service, the payment method, and the right of withdrawal according to the provisions of this Contract.
3.2. The Buyer will pay the Seller a consulting service fee ("Service Fee") for the Service purchased. The Buyer and Seller accept that the Payment will be collected by the Intermediary Service Provider for payment to the Seller.
3.3. The Seller accepts, declares and undertakes that the Intermediary Service Provider is exclusively authorized to collect payments to be made by the Buyer regarding sales through the Platform, and that the relevant payment will be collected by the Intermediary Service Provider on behalf of the Seller. The Buyer will have fulfilled the payment obligation by making the payment to the Intermediary Service Provider for the Services.
3.4. This Contract is deemed concluded and enters into force at the moment the Buyer pays the Service Fee. When the Buyer makes the Payment, they will be deemed to have accepted all the terms of this Contract.
3.5. The Buyer accepts, declares and undertakes that they have read all the conditions and explanations written in the Pre-Information Form and User Agreement, which are integral parts of this Contract, and that they have received, examined and accepted all the sales conditions, the use of the right of withdrawal and all other preliminary information accurately and completely.
3.6. The Buyer and Seller accept, declare and undertake that the Platform has the status of an intermediary service provider mediating the establishment of distance contracts within the scope of the Consumer Protection Law and the Law on the Regulation of Electronic Commerce, and that it is not obliged and responsible for controlling the content provided by the Seller and Buyer and investigating whether there is an illegal activity or situation related to this content or the Service subject to the content.
3.7. The Seller accepts, declares and undertakes that all responsibility arising from the provision of the Service under this contract belongs to the Seller. In case the Buyer suffers any damage in relation to the Service, the Parties accept, declare and undertake that the Intermediary Service Provider has no responsibility.
ARTICLE 4 – SERVICE FEE AND PAYMENT METHOD
4.1. The Buyer will pay the session package fee purchased through the Platform as the Service Fee ("Payment"). Payment will be made by the Buyer to the bank account of the Intermediary Service Provider by credit card or debit card in cash or by bank transfer/EFT.
4.2. If for any reason the Service fee is not paid at all or is underpaid by the Buyer, or if the payment made is canceled in the bank records, the Seller will not be obliged to perform the Service.
4.3. In case the Service purchased through the Platform is not performed by the Seller, the Buyer will be able to receive the Service from another consultant.
4.4. For credit card payments, the refund will be made as a one-time refund to the Buyer's credit card.
ARTICLE 5 – RIGHT OF WITHDRAWAL
5.1. Since the Platform services provided by the Intermediary Service Provider to the Buyer under this Contract constitute a service relationship between the Buyer and the Intermediary Service Provider, the right of withdrawal period starts on the day the Contract is established in accordance with the Regulation. The Buyer has the right to withdraw from the Contract within 14 (fourteen) days ("Withdrawal Period") from the establishment of this Contract without giving any reason and without paying any penalty.
5.2. With the expiration of the Withdrawal Period, the Buyer loses the right to withdraw without reason and without penalty with respect to unused sessions. However, if the Buyer wishes to terminate this Contract and requests it within three (3) months ("Termination Period") from the date of establishment of the Contract, the undiscounted session fees of the used sessions will be deducted from the total Service Fee and refunded to the Buyer. With the expiration of the Termination Period, the Buyer will not be able to request any refund, including the Service Fee.
5.3. However, since the right of withdrawal cannot be exercised in Services that have begun to be performed with the Buyer's approval from the moment the Contract is established (even if the Withdrawal Period or Termination Period has not expired) and in Services that are instantly performed in the electronic environment, the Buyer has no right of withdrawal with respect to sessions that have been used.
5.4. The Seller or Intermediary Service Provider is obliged to prove that the consumer has been informed about the right of withdrawal. If the Buyer is not properly informed about the right of withdrawal, they can exercise the right of withdrawal within one (1) year from the date the right of withdrawal period ends.
5.5. In order for the Buyer to exercise the right of withdrawal, the notification containing the intention to withdraw must be directed to the Intermediary Service Provider in writing before the right of withdrawal period expires. In case the right of withdrawal is offered to the Buyer through the Intermediary Service Provider, the Intermediary Service Provider will immediately forward to the Seller the confirmation information that the withdrawal requests submitted by the Buyer have reached them.
ARTICLE 6 – APPOINTMENT CHANGES
6.1. The Buyer can request an appointment through the Intermediary Service Provider and make an appointment with any expert on the desired day and time. When the Buyer creates an appointment in this way, if they will not be able to attend the meeting on the agreed day and time, they can cancel the appointment and open it or change it with another suitable appointment by providing information up to 24 (twenty-four) hours before the appointment time.
6.2. The Buyer has the right to cancel the session consecutively and at most twice (2) within a session package. A Buyer who cancels a session twice (2) will not be able to cancel a session again from the same account, and if they do not attend the session at the appointment time, they cannot request a refund and the relevant session is deemed used.
cannot request a refund and the relevant session is deemed used.
6.3. If there is less than 24 (twenty-four) hours left until the appointment time or if the Buyer has created an appointment that will take place within 24 (twenty-four) hours, they cannot open the appointment and cannot make any appointment changes. For appointments canceled by the Buyer when there is less than 24 (twenty-four) hours left, refunds cannot be requested except for proven emergency situations such as accidents, serious illness, death, natural disasters, etc.
6.4. If the appointment is canceled by the Seller, the Buyer can make an appointment with a new consultant or request a refund according to the refund conditions specified in Articles 5.1. and 5.2.
ARTICLE 7 – TERM OF THE CONTRACT
7.1. This Contract will remain in force for one (1) year from the date of its conclusion, and at the end of the 1 (one) year period, the Contract will automatically terminate.
7.2. After the Contract ends, the Buyer will not be able to request Services from the Seller or Intermediary Service Provider and cannot request a refund for unused sessions. In this case, the Buyer may be charged for the intermediary services provided by the Intermediary Service Provider and for the use of the Platform. However, for the avoidance of doubt, no additional fee will be requested in addition to the fee paid by the Buyer while purchasing the session.
ARTICLE 8 – APPLICABLE LAW AND COMPETENT COURT
8.1. The Buyer can make their applications regarding complaints and objections to the Consumer Arbitration Committee within the monetary limits regularly determined by the Ministry of Trade of the Republic of Turkey, or to the Consumer Court and Enforcement Directorates in cases exceeding these values, at the place where their residence is located or where the consumer transaction is made.
This Distance Sales Contract and Pre-Information Form have been read and accepted by the Buyer in electronic form.