DISTANCE SALES CONTRACT

1. PARTIES

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

“BUYER” ; (hereinafter referred to as “BUYER” in the contract)
NAME- SURNAME:
ADDRESS:

“SELLER” ; (hereinafter referred to as “SELLER” in the contract)
NAME- SURNAME / TITLE: BookCoverZone
ADDRESS: Ömer Avni Mah. Dümen Sok. Gümüşsuyu İş Merkezi 11/1 Gümüşsuyu – Taksim
PHONE: (532) 741 41 48 | (212) 528 33 14 | (212) 527 79 82 | (212) 527 79 36
E-MAIL: support@bookcoverzone.com

By accepting this contract, the BUYER agrees in advance that if they approve the order subject to the contract, they will be under the obligation to pay the price subject to the order and any additional fees specified, such as taxes, and that they have been informed about this.

2. DEFINITIONS

In the application and interpretation of this contract, the terms written below shall express the written explanations karşısındaki.

MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than providing goods, which is performed or undertaken to be performed 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 for the account of the one offering goods,
BUYER: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
SITE: The website belonging to the SELLER,
ORDERING PARTY: The real or legal person who requests a good or service via the SELLER's website,
PARTIES: The SELLER and the BUYER,
CONTRACT: This contract concluded between the SELLER and the BUYER,
GOODS: Refers to movable items subject to shopping, and intangible goods such as software, sound, images, and similar prepared for use in electronic environment (including digital book cover designs).

3. SUBJECT

This Contract regulates the rights and obligations of the parties regarding the sale and delivery of the product, whose qualifications and sales price are specified below, which the BUYER ordered electronically via the SELLER's website, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.

The prices listed and announced on the site are the sales prices. Announced prices and promises are valid until updated and changed. Prices announced for a specific period are valid until the end of the specified period.

4. SELLER INFORMATION

Title: Cinius Yayınları - Mustafa Diren Yardımlı - BookCoverZone
Address: Ömer Avni Mah. Dümen Sok. Gümüşsuyu İş Merkezi 11/1 Gümüşsuyu – Taksim
Phone: (532) 741 41 48 | (212) 528 33 14 | (212) 527 79 82 | (212) 527 79 36
Email: support@bookcoverzone.com

5. BUYER INFORMATION

Person to be delivered to:
Billing Address:
Phone:
Email/username:

6. ORDERING PARTY INFORMATION

Name/Surname/Title:
Address:
Phone:
Email/username:

7. CONTRACT SUBJECT PRODUCT/PRODUCTS INFORMATION

7.1. The basic features (type, quantity, brand/model, color, number) of the Good/Product/Products/Service are published on the SELLER's website. If a campaign has been organized by the seller, you can examine the basic features of the relevant product during the campaign. Valid until the campaign date.

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

7.3. The sales price of the goods or services subject to the contract, including all taxes, is shown below.

Payment Method and Plan:
Delivery Method: Electronic Delivery (Download Link / Account Access)
Person to be delivered to: [BUYER Name/Email]
Billing Address:
Order Date:
Delivery date: Upon successful payment confirmation (or as specified)

7.4. Since the product is digital content delivered electronically, there are no shipping costs.

8. BILLING INFORMATION

Name/Surname/Title:
Address:
Phone:
Invoice Delivery: The invoice will be sent electronically to the BUYER's specified email address following the order completion.

9. GENERAL PROVISIONS

9.1. The BUYER accepts, declares, and undertakes that they have read the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the contract on the SELLER's website, have obtained the information, and have given the necessary confirmation electronically. The BUYER; confirming the Preliminary Information electronically, accepts, declares, and undertakes that before the conclusion of the distance sales contract, they have accurately and completely obtained the address to be given by the SELLER to the BUYER, the basic features of the ordered products, the price of the products including taxes, and the payment and delivery information.

9.2. The product subject to the contract shall be delivered electronically to the BUYER (e.g., via download link, access to an account) immediately or within the period specified in the preliminary information on the website, following the confirmation of payment. The legal 30-day period for physical goods is not applicable.

9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the Contract complete, in accordance with the qualifications specified in the order, along with any warranty documents, user manuals, and information and documents required by the job, free from any defects, in accordance with the requirements of the legal legislation, soundly, in compliance with standards, to perform the work within the principles of accuracy and honesty, to maintain and improve the service quality, to show the necessary attention and care during the performance of the work, and to act with prudence and foresight.

9.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the performance obligation arising from the contract expires.

9.5. If the SELLER cannot fulfill its contractual obligations because the fulfillment of the product or service subject to the order becomes impossible, the SELLER accepts, declares, and undertakes that it will notify the consumer in writing within 3 days from the date it learns of this situation and will return the total price to the BUYER within 14 days.

9.6. The BUYER accepts, declares, and undertakes that they will confirm this Contract 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.

9.7. If, 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, the credit card belonging to the BUYER is used unfairly by unauthorized persons, resulting in the relevant bank or financial institution not paying the price of the product subject to the contract to the SELLER, the BUYER accepts, declares, and undertakes that they cannot claim the product was not received, as delivery is electronic and logged. The SELLER reserves the right to revoke access or take legal action for non-payment.

9.8. The SELLER accepts, declares, and undertakes to notify the BUYER if it cannot deliver the product subject to the contract within the period due to force majeure situations that develop beyond the will of the parties, are unforeseen, and prevent and/or delay the parties from fulfilling their obligations. The BUYER also has the right to request the cancellation of the order, the replacement of the product subject to the contract with its equivalent, if any, and/or the postponement of the delivery period until the hindering situation disappears. If the order is canceled by the BUYER, in payments made by the BUYER in cash, the product amount is paid back to them in cash and lump sum within 14 days. In payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER accepts, declares, and undertakes that the average process for the amount returned to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take 2 to 3 weeks, and since the reflection of this amount into the BUYER's accounts after its return to the bank is entirely related to the bank transaction process, the BUYER cannot hold the SELLER responsible for possible delays.

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, fixed and mobile telephone lines, and other contact information specified by the BUYER in the site registration form or updated by them later. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities towards them.

9.10. [Removed - Clause related to physical inspection upon delivery is not applicable]

9.11. 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 product is delivered 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 a letter from the cardholder's bank stating that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if these requests 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 while signing up to the SELLER's website is truthful, and that the BUYER will immediately, in cash and lump sum, compensate for all damages that the SELLER may incur due to the untruthfulness of this information upon the SELLER's first notification.

9.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of legal legislation and not to violate them while using the SELLER's website. Otherwise, all legal and penal obligations that may arise will bind the BUYER completely and exclusively.

9.14. The BUYER may not use the SELLER's website in any way that disrupts public order, violates general morality, disturbs and harasses others, for an unlawful purpose, or in a way that infringes upon the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or hinder others from using the services.

9.15. Links may be given through the SELLER's website to other websites and/or other content that are not under the SELLER's control and/or owned and/or operated by other third parties. These links are provided for ease of orientation to the BUYER and do not support any website or the person operating that site and do not constitute any guarantee regarding the information contained in the linked website.

9.16. The member who violates one or more of the articles listed in this contract is personally responsible criminally and legally for this violation and will keep the SELLER free from the legal and criminal consequences of these violations. Also; if the event is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member for non-compliance with the membership agreement.

10. RIGHT OF WITHDRAWAL

10.1. Pursuant to the relevant Regulation on Distance Contracts, the BUYER generally has the right to withdraw from the contract within 14 (fourteen) days from the date of delivery in contracts related to the sale of goods, without any legal or criminal liability and without giving any reason. However, for contracts related to the performance of services started with the consumer's approval before the end of the withdrawal period, and for contracts related to intangible goods delivered instantly to the consumer in electronic environment (such as the digital book cover designs subject to this contract), the right of withdrawal cannot be used once the performance has begun with the BUYER's explicit prior consent and acknowledgment that they will lose their right of withdrawal.

10.2. By accepting this contract and proceeding with the download or access to the digital content, the BUYER explicitly consents to the commencement of the performance and acknowledges that they thereby lose their right of withdrawal. Therefore, for the digital book cover designs purchased under this contract, the right of withdrawal is not applicable after the BUYER has started downloading or accessing the files.

10.3. Costs arising from the use of the right of withdrawal, where applicable (which is not the case for these digital goods after access), belong to the SELLER. By accepting this contract, the BUYER accepts in advance that they have been informed about the right of withdrawal and its limitations for digital content.

11. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE USED

Pursuant to the Regulation, the right of withdrawal cannot be exercised for the following contracts:

a) Contracts for goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or provider.

b) Contracts for goods prepared according to the consumer's requests or personal needs.

c) Contracts for the delivery of perishable goods or goods likely to expire.

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

e) Contracts for goods that mix with other products after delivery and cannot be separated due to their nature.

f) Contracts for books, digital content, and computer consumables offered in material media if protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods.

g) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.

h) Contracts for accommodation, transportation of goods, car rental, food and beverage supply, and leisure activities for entertainment or relaxation, which must be done on a specific date or period.

i) Contracts for services performed instantly in electronic environment or intangible goods delivered instantly to the consumer (This includes the digital book cover designs sold under this contract).

j) Contracts for services whose performance has started with the consumer's approval before the expiry of the right of withdrawal period.

Cosmetics and personal care products, underwear products, swimwear, bikinis, books, reproducible software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridge, ribbon, etc.) can be returned only if their packaging is unopened, untested, intact, and unused. [This part is generally not applicable to the Seller's specific digital products but is retained from the original template for completeness regarding general regulations].

12. DEFAULT AND LEGAL CONSEQUENCES

The BUYER accepts, declares, and undertakes that if they default in the case of making payment transactions by credit card, they will pay interest within the framework of the credit card agreement between the cardholder bank and themselves and will be liable to the bank. In this case, the relevant bank may resort to legal remedies; may request the costs and attorney's fees arising from the BUYER, and in any case, if the BUYER defaults due to their debt, the BUYER accepts, declares, and undertakes to pay the damages and losses incurred by the SELLER due to the delayed performance of the debt.

13. COMPETENT COURT

Complaints and objections in disputes arising from this contract shall be made to the consumer problems arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction was made, within the monetary limits specified in the law below. Information regarding the monetary limit is below:

Effective from 28/05/2014:

a) For disputes with a value below 2,000.00 (two thousand) TL, according to Article 68 of the Law No. 6502 on the Protection of Consumers, applications are made to district consumer arbitration committees,
b) For disputes with a value below 3,000.00 (three thousand) TL, applications are made to provincial consumer arbitration committees,
c) In provinces with metropolitan status, for disputes with a value between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL, applications are made to provincial consumer arbitration committees.

This Contract is made for commercial purposes.

14. EFFECTIVENESS

When the BUYER completes the payment for the order placed on the Site, they are deemed to have accepted all the terms of this contract. 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 placed.