Legal Information
Distance Sales Agreement
This text is a framework agreement prepared for service sales concluded through distance communication means. Online payments are not currently taken through the site; when online sales begin, this text will be integrated into the order flow and take effect.
This English text is an informational translation. In the event of any discrepancy, the Turkish original prevails: read the Turkish version
1. Subject of the Agreement
The subject of this agreement is to determine the rights and obligations of the parties, in accordance with Turkish Consumer Protection Law No. 6502 and the Distance Contracts Regulation, in relation to the sale and performance of the service ordered electronically by the BUYER through the SELLER's website at hulaguhanlabs.com.tr or through other distance communication means.
2. Parties
2.1. SELLER
- Legal name: Hülagühan Labs Yazılım Teknolojileri Ltd. Şti.
- Location: İstanbul / Türkiye
- Email: info@hulaguhanlabs.com.tr
2.2. BUYER
The natural or legal person whose name/company name, address, telephone and email details are declared in the order form. The BUYER accepts that the information provided at the time of the order is accurate and complete.
3. Characteristics of the Service
The type, scope and duration of the service and the sale price including all taxes are set out on the order confirmation screen and in the order summary sent to the BUYER. The order summary forms an integral part of this agreement.
- Prices are those in effect on the date of the order.
- VAT is included in the stated price unless expressly stated otherwise.
- The validity period of campaigns and discounts is stated on the order screen.
4. Payment Terms
- Payment is made using the methods offered on the order screen (credit card, bank transfer/EFT).
- Card details are not stored by the SELLER; payment transactions are carried out through licensed payment institutions with 3D Secure.
- For projects with staged payments, the payment plan is set out in the order summary and, where applicable, in a separate service agreement.
- The invoice is sent electronically to the email address notified by the BUYER following performance of the service.
5. Performance of the Service
The service is performed within the period stated in the order summary. Under the applicable legislation this period may not exceed thirty (30) days; for projects that by their scope take longer, the parties conclude a separate written service agreement and the delivery schedule is set out in that agreement.
If the BUYER fails to provide in good time the information, content, access or approvals required for performance of the service, the performance period is extended by the length of the delay.
6. Right of Withdrawal
A BUYER who qualifies as a consumer has the right to withdraw from the agreement within fourteen (14) days of the date on which the agreement was concluded, without giving any reason and without paying any penalty.
6.1. Exercising the right of withdrawal
The withdrawal notice must be sent by email to info@hulaguhanlabs.com.tr before the period expires. It is sufficient that the notice is sent within the period.
6.2. Refund
Within fourteen (14) days of the withdrawal notice reaching the SELLER, the amount collected is refunded to the BUYER by a means appropriate to the payment instrument used.
6.3. Exceptions to the right of withdrawal
Under Article 15 of the Distance Contracts Regulation, the right of withdrawal cannot be exercised in the following cases:
- Services whose performance has begun with the BUYER's approval and has been completed
- Services and deliverables produced to order in line with the BUYER's requests or personal needs (bespoke software development work falls within this scope)
- Intangible goods performed instantly in electronic form and delivered instantly to the consumer
If you request that the service begin within the withdrawal period, the fact that your right of withdrawal will end once performance has started is separately confirmed in the order confirmation.
7. Obligations of the Parties
- The SELLER undertakes to perform the service with the characteristics stated in the order summary, in accordance with the legislation and its duty of professional care.
- The BUYER undertakes to provide the information and materials required for performance in good time and to meet its payment obligation in line with the schedule in the order summary.
- The parties undertake not to share with third parties the confidential information they learn within the scope of the agreement.
8. Intellectual Property Rights
The rights of use in deliverables that have been paid for in full are transferred to the BUYER to the extent stated in the order summary or in a separate service agreement. The SELLER's rights in the general-purpose libraries, tools, methods and know-how it developed previously are reserved.
9. Protection of Personal Data
Personal data processed within the scope of the order is processed in the framework of the Data Protection Notice and the Privacy Policy.
10. Resolution of Disputes
For disputes arising from this agreement, the Consumer Arbitration Committees at the BUYER's place of residence or the place where the transaction was carried out have jurisdiction within the monetary limits announced each year by the Turkish Ministry of Trade; for disputes above those limits, the Consumer Courts have jurisdiction. For a BUYER who does not qualify as a consumer, the İstanbul (Çağlayan) Courts and Enforcement Offices have jurisdiction.
11. Entry into Force
The agreement is deemed concluded at the moment the BUYER confirms on the order screen that they have read and accepted it. A copy of the agreement is sent to the email address notified by the BUYER.
Note Before Going Live
This text is a framework. Before online payments begin, it must be reviewed by a legal adviser in light of the scope of your services and integrated into the order flow.
In addition, the pre-contractual information provisions of the Distance Contracts Regulation require the seller's full address, telephone number and MERSİS/tax details to be provided to the consumer. These details must be added to the agreement text and to the order flow before online sales begin through the site.