1. PARTIES
This Agreement has been signed between the following parties within the framework of the terms and conditions prescribed below.
A. 'BUYER'; (hereinafter referred to as "BUYER" in the agreement)
NAME-SURNAME:
ADDRESS:
B. 'SELLER'; (hereinafter referred to as "SELLER" in the agreement)
COMPANY: HATCHMOVE ENTREPRENEURSHIP CONSULTANCY AND INFORMATION TECHNOLOGIES CORP. (HATCHMOVE GİRİŞİM DANIŞMANLIĞI VE BİLGİ TEKNOLOJİLERİ A.Ş.)
ADDRESS: Fenerbahçe Mahallesi Iğrıp Sokak Growth Plaza No: 13/1 34726 Kadıköy/İSTANBUL
By accepting this agreement, the BUYER accepts in advance that if he approves the order in question, he will be under the obligation to pay the amount of the order and the additional fees specified, if any, such as tax.
2. DEFINITIONS
In the execution and interpretation of this agreement, the terms written below shall express the written definitions next to them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law on Consumer Protection No. 6502,
REGULATION: Distance Agreement Regulation (OG:27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the supply of goods made or pledged to be made in return for a fee or benefit,
SELLER: The Company that provides services to the consumer within the context of its commercial or occupational activities or acts on behalf of or the account of the service provider,
BUYER: The real or legal person who acquires, uses, or benefits from the service for non-commercial or non-professional purposes,
SITE: The website of the SELLER,
ORDERING PARTY: The real or legal person who orders a service through the website of the SELLER,
PARTIES: SELLER and BUYER,
AGREEMENT: This agreement herein concluded between the SELLER and the BUYER,
SERVICE: Refers to the services that are subject to shopping and are clearly described on the www.hatchmove.com website.
3. SUBJECT
This Agreement herein regulates the rights and obligations of the parties under the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Agreements, regarding the sale and delivery of the service the properties and sales price of which are specified below and ordered by the BUYER electronically through the website of the SELLER.
Prices listed and declared on the site are sales prices. Declared prices and promises are valid until they are updated and changed. Prices declared for a period of time are valid until the end of the specified period.
4. SELLER INFORMATION
Title: HATCHMOVE ENTREPRENEURSHIP CONSULTANCY AND INFORMATION TECHNOLOGIES CORP. (HATCHMOVE GİRİŞİM DANIŞMANLIĞI VE BİLGİ TEKNOLOJİLERİ A.Ş.)
Address: Fenerbahçe Mahallesi Iğrıp Sokak Growth Plaza No: 13/1 34726 Kadıköy/İSTANBUL
Phone: +90 (216) 709 11 99
Email: info@hatchmove.com
5. BUYER INFORMATION
Person to be delivered:
Phone:
Fax:
Email:
6. ORDERING PARTY INFORMATION
Name/Surname/Title:
Phone:
Fax:
Email:
7. CONTRACTED SERVICE INFORMATION
7.1. The basic properties (type, quantity, details) of the service are published on the website of SELLER. If a campaign is organized by the seller, the basic properties of the related service are valid during the campaign.
7.2. Prices listed and declared on the site are sales prices. Declared prices and promises are valid until they are updated and changed. Prices declared for a period of time are valid until the end of the specified period.
7.3. The sales price of the contracted service, all taxes included, is shown on the website.
8. BILLING INFORMATION
Name/Surname/Title:
Address:
Phone:
Fax:
Email:
9. GENERAL PROVISIONS
9.1. The BUYER accepts, declares, and undertakes that he/she has read the preliminary information and been informed about the basic properties, sales price, payment method, and delivery of the service subject to the agreement on the website of the SELLER and that he/she has given the necessary confirmation in the electronic environment. Approving the Preliminary Information in an electronic environment by the BUYER means that he/she accepts, declares, and undertakes to have acquired accurately and fully the basic features, price including the tax, payment, and delivery information of the services ordered that must be provided by the SELLER to the BUYER before concluding the distance sales agreement.
9.2. Each service subject to the agreement is delivered to the BUYER or the person and/or organization indicated by the BUYER with a written notification, provided that it does not exceed the legal period of 30 days. In case the service cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the agreement.
9.3. The SELLER accepts, declares, and undertakes to deliver the contracted service in full, following the properties specified in the order and with the information and documents required, if any, to perform the job in an intact way under the standards under the principles of integrity and honesty, as per the requirements of the legal regulations free from all kinds of defects, to protect and increase the service quality and to show the required deliberation during the performance of the job and to act with caution and foresight.
9.4. The SELLER may supply a different service with the equivalent quality and price, by informing the BUYER and obtaining his/her explicit consent, before the contractual performance obligation expires.
9.5. The SELLER accepts, declares, and undertakes that if he cannot fulfill his contractual obligations since the performance of the service subject to the order becomes impossible, he/she will notify the BUYER in writing within 3 days from the date of learning the situation, and will return the total amount to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that he/she will confirm this Agreement electronically for the delivery of the service subject to the Agreement and that if the contractual service amount is not paid for any reason and/or is canceled in the bank records, the SELLER's obligation to deliver the contractual service will cease.
9.7. After the delivery of the contracted service to the BUYER or the person and/or institution indicated by the BUYER with a written notification, if the contractual service amount is not paid to the SELLER by the related bank or financial institution as a result of the unfair use of the BUYER's credit card by unauthorized people, the BUYER accepts, declares and undertakes to pay the contractual service amount to the SELLER within 3 days.
9.8. The SELLER accepts, declares, and undertakes to notify the BUYER if he/she cannot deliver the contractual service within the specified period due to force majeure situations such as the occurrence of circumstances that are beyond the will of the parties, that are unpredictable and that prevent and/or delay the fulfillment of the liabilities of the parties. The BUYER also has the right to demand from the SELLER the cancellation of the order, the replacement of the contractual service with its equivalent, if any, and/or the postponement of the delivery period until the impeding condition is eliminated. In case the order is canceled by the BUYER, the amount of the service is paid to the BUYER in cash and in full within 14 days in situations where the BUYER made the payment in cash. In the payments made by credit card, the service amount is returned to the related bank within 14 days after the cancellation of the order by the BUYER. The BUYER acknowledges that it may take 2 to 3 weeks on average to have this amount back to his/her account and accepts, declares, and undertakes that the SELLER cannot be held responsible because of the possible delays as this is completely due to the banking transaction process.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification, and other purposes via letter, e-mail, SMS, phone call, and other means through the address, e-mail address, land and mobile phone lines, and other contact information specified by the BUYER. By accepting this agreement, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
9.10. The BUYER shall be considered to have accepted that the service is complete after receiving the contractual service.
9.11. In situations where the BUYER and the credit card holder used during the order are not the same, or if a security gap is detected regarding the credit card used before the service is delivered to the BUYER, the SELLER shall ask for the identity and contact information of the credit card holder, the bank statement of the previous month of the credit card used in the order or a letter from the bank of the cardholder stating that the credit card belongs to him/her. The order shall be frozen until the BUYER provides the information/documents subject to the request, and if these demands are not met within 24 hours, the SELLER has the right to cancel the order.
9.12. The BUYER declares and undertakes that the personal and other information provided on the website of the SELLER are true and that upon the first notification of the SELLER, the BUYER will immediately indemnify all damages the SELLER will have because of the misstatement of this information, in cash and a single sum.
9.13. The BUYER accepts and undertakes in advance to comply with the provisions of the legal regulations and not to violate them when using the website of the SELLER. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.
9.14. The BUYER cannot use the SELLER's website in any way that disrupts public order, violates public morals, disturbs and harass others, for an unlawful purpose, infringing on the material and moral rights of others. Besides, he/she cannot engage in activities (spam, virus, Trojan horse, etc.) that prevent or make it difficult for other users to use the services.
9.15. Links to other websites and/or other content that are not under the control of the SELLER and/or owned and/or operated by other third parties may be given over the website of the SELLER. These links are provided for the convenience of the BUYER and do not support any website or the person who operates that site and do not constitute any guarantee for the information contained in the linked website.
9.16. The user, who violates one or more of the articles listed in this agreement herein, is personally liable criminally and legally for this violation and shall keep the SELLER free from the legal and penal consequences of these violations. Moreover; in case the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the users.
10. RIGHT OF WITHDRAWAL
10.1. BUYER may use his/her right to withdraw from the contract by refusing the service without taking any legal or criminal responsibility and without giving any reason within 14 (fourteen) days from the date the distance service agreement is signed or the service payment is made provided that he/she informs the SELLER. The right of withdrawal cannot be used in service agreements where the performance of the service has started with the approval of the BUYER before the expiry of the right of withdrawal. The fees arising from the use of the right of withdrawal belong to the SELLER. By accepting this agreement, the BUYER accepts in advance that he/she has been informed about the right of withdrawal.
10.2. To exercise the right of withdrawal, a written notice must be given to the SELLER by registered mail, fax, or e-mail within 14 (fourteen) days and the service must not be used within the framework of the provisions of the "Services for which the Right of Withdrawal cannot be exercised" regulated in this agreement. If this right is exercised,
a) The invoice of the service delivered to the 3rd party or the BUYER, (If the invoice of the service to be returned is corporate, it must be sent with the return invoice issued by the corporation when returning it. Order returns whose invoices are issued on behalf of the corporations cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The SELLER is obliged to return to the BUYER the total amount and the documents that put the BUYER under liability, within 10 days at the latest from the receipt of the withdrawal notification.
d) In case of going below the campaign limit amount set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.
11. SERVICES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
The return of the services that are prepared as per the request of the BUYER or clearly in line with his/her personal needs and not refundable, that are performed instantly in the electronic environment, or that are delivered immediately to the consumer is not possible. Besides, as per the Regulation, it is not possible to exercise the right of withdrawal regarding the services that have been started with the approval of the consumer before the expiry of the right of withdrawal.
12. EVENT OF DEFAULT AND LEGAL CONSEQUENCES
The BUYER accepts, declares, and undertakes that he/she will pay interest within the framework of the credit card agreement with the related bank and be liable to the bank if there is a default in cases where the payment transactions are made by a credit card. In such a case, the related bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares, and undertakes that he/she will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
13. COMPETENT COURT
Istanbul Anatolian Judiciary Courts and Enforcement Offices are authorized to resolve any disputes arising from the implementation or interpretation of this Agreement herein.
14. ENFORCEMENT
When the BUYER makes the payment for the order placed on the Site, he/she is considered to have accepted all the terms of this agreement. The SELLER is obliged to make the necessary software arrangements regarding the preliminary notification that this agreement must be read and accepted by the BUYER on the site before the order is fulfilled.
SELLER: HATCHMOVE ENTREPRENEURSHIP CONSULTANCY AND INFORMATION TECHNOLOGIES CORP. (HATCHMOVE GİRİŞİM DANIŞMANLIĞI VE BİLGİ TEKNOLOJİLERİ A.Ş.)
BUYER:
DATE: