1. General
Mechart Mühendislik Mekanik İnşaat Ticaret Limited Şirketi ("Mechart") provides engineering and consultancy services together with related digital products and software services. This text governs the delivery/performance procedure of the services offered and the cancellation and refund conditions.
2. Delivery / Performance
2.1. The service fee is collected on the amount mutually agreed with the BUYER, through the secure payment infrastructure. Performance of the service commences after the payment is credited to Mechart's account.
2.2. In engineering and consultancy services, performance is carried out according to the agreed work plan, schedule and delivery method. The delivery period and scope are stated in the quote/order summary provided to the BUYER.
2.3. In digital products and software services, delivery/performance is deemed completed when the service is made available for the BUYER's access, account or use electronically (activation, user setup, sharing of access information, etc.).
2.4. In continuous maintenance/support services, the fee is collected annually and in advance; the service is provided uninterruptedly for 12 (twelve) months from the date of payment. Reasonable minor changes and updates within scope during this period are included; out-of-scope major works such as new pages, redesign or new features are subject to a separate quote.
2.5. Unless 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 and the renewal/follow-up of these items is the responsibility of the BUYER.
2.6. 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. Mechart notifies the BUYER of this situation.
3. Right of Withdrawal and Its Exceptions
3.1. Where the legislation so provides, the BUYER has the right to withdraw within 14 (fourteen) days from the date the contract is concluded.
3.2. However, pursuant to Article 15 of the Regulation on Distance Contracts, there is no right of withdrawal for custom-made services and products, services performed instantly in the electronic environment, intangible goods provided instantly to the BUYER (digital content, software, licences, digital service activation, etc.), and services whose performance is completed.
3.3. Since the services offered by Mechart are, by their nature, prepared as person/work-specific and/or performed instantly in the electronic environment, the right of withdrawal cannot be exercised for these services. By approving the payment, the BUYER accepts that it requests the immediate commencement of performance of the service and that it is aware that there is no right of withdrawal.
4. Refund
By the nature of the work, no refund is made for services whose performance has commenced or been completed. For digital services and products performed instantly in the electronic environment, no right of withdrawal or refund arises due to the above exceptions. In continuous maintenance/support services collected annually in advance, in case of termination within the 12-month period, the annual amount collected is not refunded; however, the service continues to be provided until the end of the paid period.
5. Cancellation
5.1. The BUYER may request cancellation for a service whose performance has not yet commenced and/or which has not been delivered.
5.2. The cancellation request is made by downloading and completing the "Cancellation Request Form" in the Contact section of the Mechart website and sending it to [email protected].
5.3. If, on the date the cancellation request reaches Mechart, 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.
5.4. For services whose performance has commenced or been completed, the cancellation request is not accepted. In this case, Mechart informs the BUYER about the status of the work.
6. Governing Law and Jurisdiction
These Delivery, Cancellation and Refund Terms and the service relationship between the Parties are governed by the laws of the Republic of Türkiye. Where the BUYER has consumer status, 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. Where the BUYER is a merchant or purchases the service for commercial/professional purposes, consumer rights do not apply, and the courts and enforcement offices of the Republic of Türkiye are competent to resolve disputes.
7. Contact
For all requests and questions regarding delivery, cancellation and refund processes:
- Phone: +90 216 766 52 68
- E-mail: [email protected]
- Address: Cevizli Mah. Karabük Cad. Akıncıoğlu İş Merkezi No:24 İç Kapı No:20 Kartal/İstanbul, Türkiye