Article 1 — Parties
SELLER
- Company: Mechart Mühendislik Mekanik İnşaat Ticaret Limited Şirketi
- Address: Cevizli Mah. Karabük Cad. Akıncıoğlu İş Merkezi No:24 İç Kapı No:20 Kartal/İstanbul, Türkiye
- Phone: +90 216 766 52 68
- E-mail: [email protected]
- MERSİS No: 0622246008700001
- Tax Office / Tax ID: Kartal Tax Office / 6141745166
(Hereinafter referred to as the "SELLER".)
BUYER
- Name / Surname / Company: [Information declared at the time of the order]
- Address: [Address declared at the time of the order]
- Phone / E-mail: [Contact details declared at the time of the order]
(Hereinafter referred to as the "BUYER".)
The SELLER and the BUYER shall each be referred to individually as a "Party" and collectively as the "Parties".
Article 2 — Subject Matter
The subject of this Distance Sales Agreement is to determine the rights and obligations of the Parties, in accordance with Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, in relation to the sale and performance of the service/product whose qualities and price are specified below and in the pre-information form, ordered electronically by the BUYER through the SELLER's website mechart.com.tr and/or through the payment link sent by the SELLER.
By approving this agreement electronically, the BUYER confirms that, prior to the conclusion of the distance contract, it has correctly and completely received the address, the essential characteristics of the ordered service, the price of the service including taxes, and the payment and performance information that the SELLER is required to provide.
Article 3 — Information on the Service/Product
The SELLER provides engineering and consultancy services together with related digital products and software services. The type, scope, delivery/performance period and total price including taxes of the service/product subject to the agreement are set out in the quote and/or order summary mutually agreed between the BUYER and the SELLER and in the Pre-Information Form.
The fees for the services and products offered by the SELLER are not determined on the basis of a standard price list, but on the amount mutually agreed with the BUYER for each work/project. The BUYER completes the payment after seeing and approving the total amount including taxes shown in the quote/order summary provided to it. The amount shown to the BUYER at the payment stage is the final amount payable, including all taxes.
Article 4 — General Provisions
4.1. The BUYER declares that it has read and become aware of the essential qualities, the sale price including taxes, the payment method and the preliminary information regarding performance of the service on mechart.com.tr and/or in the payment link provided to it, and that it has given the necessary confirmation electronically.
4.2. By confirming this agreement and the Pre-Information Form electronically, the BUYER accepts that it has obtained all information that the SELLER is required to provide prior to the conclusion of the distance contract.
4.3. Performance of the service commences and/or is carried out within the agreed period after the price is credited to the SELLER's account. In digital content and software services, performance is deemed completed when the service is made available for the BUYER's access/use electronically.
4.4. If the service fee is not paid for any reason or is cancelled in the records of the bank/payment institution, the SELLER shall be deemed released from its obligation to perform the service.
4.5. In cases where performance of the service becomes impossible, the SELLER shall notify the BUYER in writing or by durable medium within 3 (three) days from the date it becomes aware of the situation, and shall refund any total amount collected to the BUYER within 14 (fourteen) days at the latest from the date of notification.
4.6. During performance of this agreement, payment is collected through the infrastructure of payment and electronic money institutions authorised under Law No. 6493 and acting on behalf of the SELLER. Regardless of the brand/channel through which the order is placed, the invoice is issued by the SELLER (Mechart Mühendislik Mekanik İnşaat Ticaret Limited Şirketi).
Article 5 — Invoice Information
The SELLER issues the invoice for the service in accordance with the applicable tax legislation and delivers it to the BUYER in line with the information declared by the BUYER at the time of the order. The BUYER is responsible for the accuracy of the natural/legal person details for which the invoice will be issued.
Article 6 — Method of Payment
6.1. The BUYER may pay the service fee by credit card, debit card or other electronic payment methods offered through the secure payment infrastructure available on the SELLER's website or in the payment link provided to it.
6.2. Payment transactions are carried out through the secure payment infrastructure (SSL/3D Secure, etc.) of authorised payment institutions. The SELLER does not see or store the BUYER's card details.
6.3. The amount shown to and approved by the BUYER is the total amount payable including taxes. If payment does not take place for any reason, the order is not processed.
6.4. For continuous services (website maintenance/support, regular services tied to hosting, etc.), the service fee is collected ANNUALLY and in advance, even if expressed monthly. In return, the service is provided uninterruptedly for 12 (twelve) months from the date of payment. The annual advance payment model is clearly stated in the quote/order summary provided to the BUYER.
Article 7 — Performance / Delivery
7.1. The service is performed after the price is credited to the SELLER's account, within the period and scope stated in the quote/order summary. In consultancy and project services, performance is carried out according to the work plan, the agreed schedule and the delivery method.
7.2. In digital products and software services, delivery/performance takes place when the service is made available for the BUYER's access, account or use electronically.
7.3. In continuous maintenance/support services, performance continues throughout the 12 (twelve) month period. Reasonable minor changes and updates within the agreed service package are included; out-of-scope major works such as new pages, redesign or new features are subject to a separate quote and agreement.
7.4. In cases of force majeure (natural disaster, fire, epidemic, decisions of official authorities, infrastructure and communication interruptions, etc.), the performance period is suspended for the duration of the force majeure. The SELLER notifies the BUYER of this situation.
7.5. Unless expressly stated otherwise, hosting, domain name and e-mail mailbox fees are not included in the service fee. The final product is delivered in working condition; the renewal and follow-up of these services are the responsibility of the BUYER. The SELLER may send an informative reminder regarding the domain name expiry date.
Article 8 — Right of Withdrawal and Its Exceptions
8.1. Where the legislation so provides, the BUYER has the right to withdraw within 14 (fourteen) days from the date the contract is concluded, without giving any reason and without paying any penalty.
8.2. However, pursuant to Article 15 of the Regulation on Distance Contracts, the right of withdrawal cannot be exercised in the following cases:
- (a) Custom-made services and products prepared in line with the BUYER's requests or personal needs,
- (b) Services performed instantly in the electronic environment and intangible goods delivered instantly to the BUYER (digital content, software, licences, digital service activation, etc.),
- (c) Services whose performance has commenced and been completed with the consumer's approval.
8.3. Since the engineering/consultancy services and the digital products and software services offered by the SELLER are, by their nature, prepared as person/work-specific and/or performed instantly in the electronic environment, there is no right of withdrawal for these services within the scope of Article 8.2. By approving the payment, the BUYER accepts that it requests the immediate commencement of performance of these services and that it is aware that there is no right of withdrawal.
8.4. For services whose performance has not yet commenced and/or which have not been delivered, the BUYER may request cancellation within the framework of the "Cancellation" provisions of this agreement and the Delivery, Cancellation and Refund Terms.
Article 9 — Cancellation
9.1. The BUYER may request cancellation for a service whose performance has not yet commenced and/or which has not been delivered. The cancellation request is made by completing the "Cancellation Request Form" in the Contact section of the SELLER's website and sending it to [email protected].
9.2. If, on the date the cancellation request reaches the SELLER, performance of the service has not yet commenced, the amount collected is refunded to the BUYER, without any deduction, within 14 (fourteen) days at the latest, using the payment method used by the BUYER.
9.3. For services whose performance has commenced or been completed, since there is no right of withdrawal/refund pursuant to Article 8 of this agreement, the cancellation request is not accepted. In this case, the SELLER informs the BUYER about the status of the work.
9.4. In continuous maintenance/support services collected annually in advance, if the BUYER wishes to terminate the service within the 12 (twelve) month period, the annual amount collected is not refunded; however, the service continues to be provided uninterruptedly until the end of the paid period.
Article 10 — Default and Its Legal Consequences
If the BUYER makes the payment by credit card and falls into default, it accepts that it will pay interest within the framework of the credit card agreement between the cardholder and the bank and will be liable to the bank. In this case, the relevant bank may resort to legal remedies and may claim any resulting costs from the BUYER.
Article 11 — Protection of Personal Data
The SELLER processes the BUYER's personal data in accordance with Law No. 6698 on the Protection of Personal Data and the relevant legislation. Detailed information regarding the processing of personal data is set out in the Privacy Policy and KVKK Disclosure Text published on the SELLER's website.
Article 12 — Governing Law and Resolution of Disputes
This agreement and all relations arising from it are governed by the laws of the Republic of Türkiye. Where the BUYER has consumer status, in disputes that may arise from this agreement, the Consumer Arbitration Committees and Consumer Courts at the BUYER's place of residence or the place where the service was purchased are competent, within the monetary limits announced each year by the Ministry of Trade. In matters falling outside the scope of consumer legislation, and for commercial buyers within the scope of Article 13 below, the courts and enforcement offices of the Republic of Türkiye are competent to resolve disputes.
Article 13 — Commercial (B2B) Buyers
13.1. Where the BUYER is a merchant within the meaning of the Turkish Commercial Code No. 6102, or purchases the service for commercial or professional purposes outside of consumer status, this agreement is deemed a commercial agreement. In this case, the rights granted only to consumers (right of withdrawal, etc.) under Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts do not apply.
13.2. For commercial buyers, the rights and obligations of the Parties are determined within the framework of this agreement, the agreed quote/order summary, and the general provisions of the Turkish Code of Obligations No. 6098 and the Turkish Commercial Code No. 6102.
13.3. The laws of the Republic of Türkiye apply to the resolution of disputes that may arise between commercial buyers and the SELLER, and the courts and enforcement offices of the Republic of Türkiye are competent.
Article 14 — Entry into Force
The BUYER accepts that it has read, understood and electronically approved all the terms of this agreement and the Pre-Information Form. This agreement is concluded and enters into force on the date it is electronically approved by the BUYER. In matters not covered by the agreement, the provisions of Law No. 6502 and the Regulation on Distance Contracts, together with the relevant provisions of the legislation of the Republic of Türkiye, apply.