WearTechClub
Terms of Sale
LAST UPDATED: 25.10.2023
WEARTECHCLUB MEMBERSHIP DISTANCE SALES AGREEMENT
1. PARTIES
The hereby agreement is a Distance Sales Agreement ("Agreement") established in electronic form between the Client and Weartechclub, with the terms and conditions specified below.
1.1 INFORMATION OF THE WEARTECHCLUB
Title : Weartechclub Giyilebilir Spor Ürünleri Hizmet ve Teknolojileri Anonim Şirketi
Tax Office : Sarıyer
Tax Number : 8001188167
MERSİS Number : 0800-1188-1670-0001
Addresss : Reşitpaşa Mah. Katar Cad. İTÜ Arı Teknokent 3 Binası Blok 4/B205 Sarıyer/İstanbul
Phone : Fax :
E-mail : Web :
1.2. INFORMATION OF THE USER
Name/Title :
Surname :
Turkish ID Number :
Tax Number :
Address :
Phone :
E-mail :
2. DEFINITIONS
Under this Agreement,
Service(s) refers, The services provided to the User through the Weartechclub Application during the period in which the User pays the service fee to Weartechclub,
Website refers, The website with the domain www.weartechclub.com,
User refers, The person who pays the service fee to Weartechclub and benefits from the services available in the Weartechclub Application during the payment period, and is a party to this Agreement,
Agreement refers, The hereby Distance Sales Agreement,
Weartechclub refers, Weartechclub Giyilebilir Spor Ürünleri Hizmet ve Teknolojileri Anonim Şirketi which provides the services available in the Weartechclub Application to the User,
Weartechclub Sales Channels refers, Weartechclub's Website, Mobile Application, and any future digital sales channels developed,
Weartechclub Application refers, the mobile application named "WearTechClub."
3. SUBJECT OF THE AGREEMENT
3.1 The subject of this Agreement is for the User to benefit from the services available in the Weartechclub application during the period in which the User pays the service fee to Weartechclub. Within this scope, the rights and obligations of the Parties are determined in accordance with the provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Agreements. The preliminary information form is an integral part of this Agreement.
3.2 If the User does not qualify as a 'consumer' under Law No. 6502 this Agreement will be interpreted and applied in accordance with the provisions of the Turkish Commercial Code No. 6102 and the Turkish Code of Obligations No. 6098.
3.3The User acknowledges and declares that they have been informed by Weartechclub in a clear and understandable manner about all preliminary information related to the purchased service, information about the "right of withdrawal," and official authorities to which they can submit complaints and objections. The User further confirms that they have electronically confirmed this preliminary information and subsequently benefited from the service in accordance with the provisions of this Agreement.
4. DETAILS OF THE SERVICE COVERED BY THE AGREEMENT AND THE SALES PRICE
Service Description :
Membership Duration :
Membership Fee (Total price including all taxes) :
Shipping Fee : 0-TL
Total Amount (Total price including all taxes) :
Invoice Address :
Order Date :
Payment Method :
Card Type :
Card Number :
Credit Card Installment/Single Payment :
Total Amount :
5. INVOICE INFORMATION
Name/Surname/Title :
Address :
Phone :
Fax :
E-mail/Username :
The invoice will be sent as an e-invoice to the e-mail address provided by the User to Weartechclub.
6. PAYMENT AND DELIVERY
6.1. PAYMENT
The information and commitments regarding payment, delivery, and performance, as well as the DISTANCE SALES AGREEMENT PRELIMINARY INFORMATION FORM, and upon reading and accepting the hereby DISTANCE SALES AGREEMENT, you are required to check the relevant box and, if you wish to purchase the membership whose total sales amount and information are displayed on your screen, press the "Proceed to Payment/Ödemeye geç" option. In this case, the total sales amount of the membership you wish to purchase will be collected from the credit card information you provided for the payment transaction. If approval cannot be obtained for payment from the bank system, the sales transaction will be deemed unsuccessful.
6.2 DELIVERY
The service purchased by the User is delivered electronically, provided that the payment transaction is successfully completed. The User can start benefiting from the service within a maximum of 10 minutes from the moment the payment is collected. However, for services dependent on hardware, the delivery of the hardware must be completed.
a. Delivery of Membership Services by Introducing Bank/Credit Card Information to the Weartech Application:
The User can access the service by entering the Weartech Application with their email and password. In the event that, for any reason, the service fee cannot be collected, or the payment is cancelled during the purchase and/or renewed periods, or if the payment cannot be collected by Weartechclub due to a technical reason, Weartechclub is considered relieved of the obligation to deliver the service and provide the service for the relevant period.
In cases where the payment is made without issuing a spending document such as a credit card, and if the credit card is unlawfully used by someone else, the transaction will be processed in accordance with the provisions of the "Bank Cards and Credit Cards Law" numbered 5464 and the Regulation Amending the Regulation on Bank Cards and Credit Cards published in the Official Gazette dated 13/06/2019 and numbered 30800, amending the Regulation on Bank Cards and Credit Cards published in the Official Gazette dated 10/3/2007 and numbered 26458.
b. Delivery of Membership Services Created Through In-App Purchase:
After the User makes the payment through the relevant application store using the Weartechclub application available in the app stores, they can start using the services.
7. INFORMATION ABOUT MEMBERSHIP CANCELLATION
The cancellation of the user's membership varies depending on the payment method chosen by the user during the membership creation. In the event of membership cancellation, the user's membership and usage rights will continue until the end of the membership period, and no refund will be issued to the user. In this context
a. Memberships Created via Bank/Credit Card:
Memberships will automatically terminate upon the expiration of the specified membership period.
b. Memberships Created Through In-App Purchases
The cancellation procedure to be applied is determined by the relevant application store and is subject to the policies of that application store. Users who create memberships through the in-app purchase method within the application store can cancel their subscriptions either through the application store or through the settings section of their smart device. In this context, Weartechclub has no responsibility regarding the cancellation of membership. Users who are unable to cancel their membership in the specified manner will not make any claims for rights, receivables, and/or compensation from Weartechclub.
8. RIGHTS AND OBLIGATIONS OF THE PARTIES
8.1. RIGHTS AND OBLIGATIONS OF THE USER
a. The User, by confirming this Agreement electronically and before the execution of the distance agreement, acknowledges that they have obtained the necessary information from Weartechclub, including Weartechclub's name, title, address, and contact information, as well as the essential characteristics of the ordered service, the subject matter of the service, the start and end date of the service, the total price of the service including taxes, and information regarding payment and the performance of the service; and affirms that they have acquired the required information accurately and completely.
b. The User may convey any claims, demands, or complaints regarding the Services under this Agreement to Weartechclub using the contact information provided above.
c. Weartechclub may, at any time, change the usage method and purpose, as well as the usage and publishing technique of its website or application, modify the content, extend/shorten the accessibility and usage period, restrict or completely stop usage, and make any changes in the purposes of usage.
d. If the User is not the holder of the credit card used to pay for the Services covered by this Agreement, the User expressly acknowledges responsibility for any claims coming from the cardholder regarding the payment of the fees for the Services.
e. Regardless of the reason, the User accepts, declares, and undertakes that Weartechclub has no responsibility for payments made to Weartechclub by the bank and/or financial institution, even if it is reported as unsuccessful by the bank and/or financial institution.
f. The User assures the accuracy of the personal and other miscellaneous information provided during website or Weartechclub application registration, as well as when placing an order. In the event of any damages incurred by Weartechclub due to the inaccuracy of information, the User shall compensate Weartechclub promptly in cash, and without delay upon its initial notification.
g. The User agrees to comply with the legal provisions while using Weartechclub's website or application and undertakes not to violate them. Otherwise, all legal and criminal liabilities arising will be solely and exclusively binding on the User.
h. Weartechclub has no responsibility for the products or services subject to the advertisements on Weartechclub's website, Weartechclub application, or linked links.
8.2 RIGHTS AND OBLIGATIONS OF THE WEARTECHCLUB
Weartechclub shall provide the Service to the User in accordance with this Agreement.
9. EXCEPTION OF THE RIGHT OF WITHDRAWAL
The User acknowledges that the notification regarding the right of withdrawal has been duly provided in accordance with the Distance Agreement Regulation.
Within the scope of this Agreement, the Service to be provided by Weartechclub falls under the "Exceptions to the Right of Withdrawal" as stipulated in Article 15/1/g of the Distance Agreements Regulation published in the Official Gazette numbered 29188 on 27.11.2014, which pertains to "Services performed instantly in electronic environments or agreements for non-material goods delivered immediately to the consumer." In accordance with this provision, the User shall not be entitled to exercise the right of withdrawal. There is no right of withdrawal for the Service provided by Weartechclub and under this Distance Sales Agreement within the scope of the aforementioned legal provision.
10. PROTECTION OF PERSONAL DATA
10.1 Weartechclub, within the scope of this Agreement, is obligated to store the information and data provided by the User to Weartechclub, such as name, surname, email address, contact information, financial data, special category data, etc., which may be defined as personal data under Law on the Protection of Personal Data No. 6698, in compliance with the relevant legislation and to submit these records to the Ministry upon request within the legally stipulated periods.
10.2 The User acknowledges, declares, and undertakes that they are aware of Weartechclub's obligation and, within this framework, accepts that Weartechclub has not engaged in any unlawful activities under Law on the Protection of Personal Data No. 6698. The privacy policy and information text on this matter can be accessed on the website.
10.3 Weartechclub accepts and declares to process the personal data collected from the User as mentioned above in connection with the services provided within the scope of this Agreement, to process it in a manner compatible with the purpose of the Agreement, to keep it until the end of the period required for the provision of the service under this Agreement, to delete, destroy, or anonymize it when the reasons requiring the processing of personal data cease to exist, in accordance with the principles of Law on the Protection of Personal Data No. 6698.
11. INTELLECTUAL PROPERTY
The design, text, images, HTML code, and other codes of the Weartechclub website and Weartechclub application, including but not limited to all elements (all works for which Weartechclub has rights and/or is the copyright owner) and all content, trademarks, logos, know-how, and all rights arising from legal regulations are owned by Weartechclub or used under license by Weartechclub. The User agrees, declares, and undertakes not to copy, modify, display on another site, share, distribute, reproduce, process, market, rent, sell, make available to third parties for access/use, and/or transmit any text, images, any kind of visual, auditory and/or audio-visual elements, interface, and, in short, the entire or any part of the content on the Site or Application, as well as intellectual and industrial property of Weartechclub or third parties, without limitation to the specified, in a manner that would materially or morally harm Weartechclub, the content, the Site, the Application, or individuals who are copyright or right holders according to legal regulations. The User further agrees, declares, and undertakes not to use or allow the use of the content in a manner that would cause material or moral harm to Weartechclub, the content, the Site, the Application, or individuals who are copyright or right holders, and not to use it in violation of legal regulations.
12. APPLICABLE LAW, CONSUMER COMPLAINTS, AND DISPUTE RESOLUTION
12.1 Turkish law shall be applied in the validity, interpretation, and resolution of any other disputes arising from the validity of this Agreement.
12.2 In case the legal relationship between the parties involves an element of foreignness, the User acknowledges, declares, and undertakes that Turkish law will be applied without considering conflict of laws rules in any legal disputes, and waives the application of conflict of laws rules under the Turkish International Private Law and Procedure Law.
12.3 The User must address all requests and complaints related to the Service to Weartechclub.
12.4 In consumer complaints and objections arising from the implementation of this Distance Sales Agreement, the Arbitration Committees for Consumer Problems in the city or district where the User purchased the Service or where their residence is located, within the monetary limits determined annually by the Ministry of Customs and Trade of the Republic of Turkey, are authorized. In disputes exceeding determined value, Consumer Courts shall have jurisdiction.
13. NOTIFICATIONS AND EVIDENTIAL AGREEMENT
13.1 The User acknowledges that the email address provided will be considered as a valid notification address for any notifications made by Weartechclub and understands that any notification made to the specified email address will have all legal consequences of valid notification in accordance with the law.
13.2 In case of disputes arising from this Agreement, the User accepts, declares, and undertakes that Weartechclub's official books and commercial records, as well as the electronic information and computer records held in its own database and servers, will be binding, conclusive, and exclusive evidence. The User acknowledges that this provision constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
14. EFFECTIVENESS
Upon acceptance and approval of this Agreement and the completion of the relevant payment, the User will be deemed to have accepted all the terms of this Agreement, and this Agreement will come into effect.
The User acknowledges that Weartechclub has provided accurate and comprehensive information, in compliance with the Law on the Protection of Consumer No. 6502. This information includes Weartechclub's name, title, address, telephone, and other contact details, along with essential details about the Service, all relevant preliminary information regarding the sales price, payment methods, and the fact that the nature of the Service constitutes an "exception to the right of withdrawal." The User also acknowledges being properly and thoroughly informed by Weartechclub in accordance with the law through the online platform. Additionally, the User verifies that they have electronically affirmed the preliminary information, proceeded with the service order, accepted the terms of the agreement, and has no objections.
Date:
MEMBERSHIP DISTANCE SALES AGREEMENT
PRELIMINARY INFORMATION FORM
INTRODUCTION
The subject of the hereby Distance Sales Agreement Preliminary Information Form ("Preliminary Information Form") is to determine the rights and obligations of the Parties in relation to the membership ordered by the User through the www.weartechclub.com website ("Website") owned by Weartechclub, or the mobile application named "WearTechClub" ("Weartechclub Application"), in accordance with the provisions of Law on the Protection of Consumer No. 6502 and the Regulation on Distance Agreements.
By accepting this Preliminary Information Form, the User acknowledges, declares, and undertakes that upon confirming the order subject to the Distance Sales Agreement ("Agreement"), they will be obligated to make the payment the order amount and any additional fees stated in this Preliminary Information Form.
1. INFORMATION OF THE PARTIES
1.1 INFORMATION OF THE WEARTECHCLUB
Title : Weartechclub Giyilebilir Spor Ürünleri Hizmet ve Teknolojileri Anonim Şirketi
Tax Office : Sarıyer
Tax Number : 8001188167
MERSİS Number : 0800-1188-1670-0001
Addresss : Reşitpaşa Mah. Katar Cad. İTÜ Arı Teknokent 3 Binası Blok 4/B205 Sarıyer/İstanbul
Phone : Fax :
E-mail : Web :
1.2 INFORMATION OF THE USER
Name/Title :
Surname :
Turkish ID Number :
Tax Number :
Address :
Phone :
E-mail :
2. DEFINITIONS
Under this Preliminary Information Form,
Service(s) refers, The services provided to the User through the Weartechclub Application during the period in which the User pays the service fee to Weartechclub,
Website refers, The website with the domain www.weartechclub.com,
User refers, The person who pays the service fee to Weartechclub and benefits from the services available in the Weartechclub Application during the payment period, and is a party to this Agreement,
Agreement refers, The Distance Sales Agreement,
Weartechclub refers, Weartechclub Giyilebilir Spor Ürünleri Hizmet ve Teknolojileri Anonim Şirketi which provides the services available in the Weartechclub Application to the User,
Weartechclub Sales Channels refers, Weartechclub's Website, Mobile Application, and any future digital sales channels developed,
Weartechclub Application refers, the mobile application named "WearTechClub."
Preliminary Information Form means, the hereby Preliminary Information Form.
3. DETAILS OF THE SERVICE COVERED BY THE AGREEMENT AND THE SALES PRICE
Service Description :
Membership Duration :
Membership Fee (Total price including all taxes) :
Shipping Fee : 0-TL
Total Amount (Total price including all taxes) :
Invoice Address :
Order Date :
Payment Method :
Card Type :
Card Number :
Credit Card Installment/Single Payment :
Total Amount :
4. INVOICE INFORMATION
Name/Surname/Title :
Address :
Phone :
Fax :
E-mail/Username :
The invoice will be sent as an e-invoice to the e-mail address provided by the User to Weartechclub.
5. PAYMENT AND DELIVERY
5.1 PAYMENT
The information and commitments regarding payment, delivery, and performance, as well as the hereby Preliminary Information Form, and upon reading and accepting the Distance Sales Agreement, you are required to check the relevant box and, if you wish to purchase the membership whose total sales amount and information are displayed on your screen, press the "Proceed to Payment/Ödemeye geç" option. In this case, the total sales amount of the membership you wish to purchase will be collected from the credit card information you provided for the payment transaction. If approval cannot be obtained for payment from the bank system, the sales transaction will be deemed unsuccessful.
5.2 DELIVERY
The service purchased by the User is delivered electronically, provided that the payment transaction is successfully completed. The User can start benefiting from the service within a maximum of 10 minutes from the moment the payment is collected. However, for services dependent on hardware, the delivery of the hardware must be completed.
a. Delivery of Membership Services by Introducing Bank/Credit Card Information to the Weartech Application:
The User can access the service by entering the Weartech Application with their email and password. In the event that, for any reason, the service fee cannot be collected, or the payment is cancelled during the purchase and/or renewed periods, or if the payment cannot be collected by Weartechclub due to a technical reason, Weartechclub is considered relieved of the obligation to deliver the service and provide the service for the relevant period.
In cases where the payment is made without issuing a spending document such as a credit card, and if the credit card is unlawfully used by someone else, the transaction will be processed in accordance with the provisions of the "Bank Cards and Credit Cards Law" numbered 5464 and the Regulation Amending the Regulation on Bank Cards and Credit Cards published in the Official Gazette dated 13/06/2019 and numbered 30800, amending the Regulation on Bank Cards and Credit Cards published in the Official Gazette dated 10/3/2007 and numbered 26458.
b. Delivery of Membership Services Created Through In-App Purchase:
After the User makes the payment through the relevant application store using the Weartechclub application available in the app stores, they can start using the services.
6. INFORMATION ABOUT MEMBERSHIP CANCELLATION
The cancellation of the user's membership varies depending on the payment method chosen by the user during the membership creation. In the event of membership cancellation, the user's membership and usage rights will continue until the end of the membership period, and no refund will be issued to the user. In this context
a. Memberships Created via Bank/Credit Card:
Memberships will automatically terminate upon the expiration of the specified membership period.
b. Memberships Created Through In-App Purchases
The cancellation procedure to be applied is determined by the relevant application store and is subject to the policies of that application store. Users who create memberships through the in-app purchase method within the application store can cancel their subscriptions either through the application store or through the settings section of their smart device. In this context, Weartechclub has no responsibility regarding the cancellation of membership. Users who are unable to cancel their membership in the specified manner will not make any claims for rights, receivables, and/or compensation from Weartechclub.
7. GENERAL CONDITIONS
a. The User, by confirming this Preliminary Information Form electronically and before the execution of the distance agreement, acknowledges that they have obtained the necessary information from Weartechclub, including Weartechclub's name, title, address, and contact information, as well as the essential characteristics of the ordered service, the subject matter of the service, the start and end date of the service, the total price of the service including taxes, and information regarding payment and the performance of the service; and affirms that they have acquired the required information accurately and completely.
b. The User may convey any claims, demands, or complaints regarding the Services under this Agreement to Weartechclub using the contact information provided above.
c. If the User is not the holder of the credit card used to pay for the Services covered by this Agreement, the User expressly acknowledges responsibility for any claims coming from the cardholder regarding the payment of the fees for the Services.
d. Regardless of the reason, the User accepts, declares, and undertakes that Weartechclub has no responsibility for payments made to Weartechclub by the bank and/or financial institution, even if it is reported as unsuccessful by the bank and/or financial institution.
e. The User assures the accuracy of the personal and other miscellaneous information provided during website or Weartechclub application registration, as well as when placing an order. In the event of any damages incurred by Weartechclub due to the inaccuracy of information, the User shall compensate Weartechclub promptly in cash, and without delay upon its initial notification.
f. The User agrees to comply with the legal provisions while using Weartechclub's website or application and undertakes not to violate them. Otherwise, all legal and criminal liabilities arising will be solely and exclusively binding on the User.
g. Weartechclub shall provide the Service to the User in accordance with this Preliminary Information Form and the Agreement.
8. EXCEPTION OF THE RIGHT OF WITHDRAWAL
Within the scope of this Preliminary Information Form and the Agreement, the Service to be provided by Weartechclub falls under the "Exceptions to the Right of Withdrawal" as stipulated in Article 15/1/g of the Distance Agreements Regulation published in the Official Gazette numbered 29188 on 27.11.2014, which pertains to "Services performed instantly in electronic environments or contracts for non-material goods delivered immediately to the consumer." In accordance with this provision, the User shall not be entitled to exercise the right of withdrawal. There is no right of withdrawal for the Service provided by Weartechclub and under this Preliminary Information Form and the Agreement within the scope of the aforementioned legal provision.
9. PROTECTION OF PERSONAL DATA
9.1 Weartechclub, within the scope of this Agreement, is obligated to store the information and data provided by the User to Weartechclub, such as name, surname, email address, contact information, financial data, special category data, etc., which may be defined as personal data under Law on the Protection of Personal Data No. 6698, in compliance with the relevant legislation and to submit these records to the Ministry upon request within the legally stipulated periods.
9.2 The User acknowledges, declares, and undertakes that they are aware of Weartechclub's obligation and, within this framework, accepts that Weartechclub has not engaged in any unlawful activities under Law on the Protection of Personal Data No. 6698. The privacy policy and information text on this matter can be accessed on the website.
9.3 Weartechclub accepts and declares to process the personal data collected from the User as mentioned above in connection with the services provided within the scope of this Agreement, to process it in a manner compatible with the purpose of the Agreement, to keep it until the end of the period required for the provision of the service under this Agreement, to delete, destroy, or anonymize it when the reasons requiring the processing of personal data cease to exist, in accordance with the principles of Law on the Protection of Personal Data No. 6698.
10. APPLICABLE LAW, CONSUMER COMPLAINTS, AND DISPUTE RESOLUTION
10.1 Turkish law shall be applied in the validity, interpretation, and resolution of any other disputes arising from the validity of the hereby Preliminary Information Form.
10.2 In case the legal relationship between the parties involves an element of foreignness, the User acknowledges, declares, and undertakes that Turkish law will be applied without considering conflict of laws rules in any legal disputes, and waives the application of conflict of laws rules under the Turkish International Private Law and Procedure Law.
10.3 The User must address all requests and complaints related to the Service to Weartechclub.
10.4 In consumer complaints and objections arising from the implementation of this Preliminary Information Form and Agreement, the Arbitration Committees for Consumer Problems in the city or district where the User purchased the Service or where their residence is located, within the monetary limits determined annually by the Ministry of Customs and Trade of the Republic of Turkey, are authorized. In disputes exceeding determined value, Consumer Courts shall have jurisdiction.
11. NOTIFICATIONS AND EVIDENTIAL AGREEMENT
11.1 The User acknowledges that the email address provided will be considered as a valid notification address for any notifications made by Weartechclub and understands that any notification made to the specified email address will have all legal consequences of valid notification in accordance with the law.
11.2 In case of disputes arising from this Preliminary Information Form, the User accepts, declares, and undertakes that Weartechclub's official books and commercial records, as well as the electronic information and computer records held in its own database and servers, will be binding, conclusive, and exclusive evidence. The User acknowledges that this provision constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
Once the hereby Preliminary Information Form is read and accepted by the User in the electronic environment, the distance sales agreement process will commence.
The User acknowledges, declares, and undertakes that they have read and accepted all the matters specified in the Preliminary Information Form, and they have no objections. The User further acknowledges that their acceptance of this Preliminary Information Form will result in the obligation to pay for the order in question.
Date:
WEARTECHCLUB PRODUCT DISTANCE SALES AGREEMENT
1.PARTIES
The hereby agreement is a Distance Sales Agreement ("Agreement") established in electronic form between the Client and Weartechclub, with the terms and conditions specified below.
1.1 INFORMATION OF THE WEARTECHCLUB
Title : Weartechclub Giyilebilir Spor Ürünleri Hizmet ve Teknolojileri Anonim Şirketi
Tax Office : Sarıyer
Tax Number : 8001188167
MERSİS Number : 0800-1188-1670-0001
Addresss : Reşitpaşa Mah. Katar Cad. İTÜ Arı Teknokent 3 Binası Blok 4/B205 Sarıyer/İstanbul
Phone : Fax :
E-mail : Web :
1.2 INFORMATION OF THE USER
Name/Title :
Surname :
Turkish ID Number :
Tax Number :
Address :
Phone :
E-mail :
2. DEFINITIONS
Under this Agreement,
Service(s) refers, The services provided to the User through the Weartechclub Application during the period in which the User pays the service fee to Weartechclub,
Website refers, The website with the domain www.weartechclub.com,
User refers, The person who pays the service fee to Weartechclub and benefits from the services available in the Weartechclub Application during the payment period, who purchases the product from the website and is a party to this Agreement,
Agreement refers, The hereby Distance Sales Agreement,
Weartechclub refers, Weartechclub Giyilebilir Spor Ürünleri Hizmet ve Teknolojileri Anonim Şirketi which provides the services available in the Weartechclub Application to the User and which completes the sale of the Product on the Website,
Weartechclub Sales Channels refers, Weartechclub's Website, Mobile Application, and any future digital sales channels developed,
Weartechclub Application refers, the mobile application named "WearTechClub."
Product refers, to the item(s) and/or accessory(ies) for which the User places an electronic order, and whose qualifications and sales price are specified in the Agreement.
3. SUBJECT OF THE AGREEMENT
3.1 The subject of this Agreement is to determine the rights and obligations of the parties in accordance with the provisions of Law on the Protection of Consumer No. 6502 and the Regulation on Distance Agreements regarding the sale and delivery of the Product, for which the User has placed an electronic order through the Website, with its qualifications and sales price specified in the Agreement. The Preliminary Information Form is an integral part of this Agreement.
3.2 If the User does not qualify as a 'consumer' under Law No. 6502 this Agreement will be interpreted and applied in accordance with the provisions of the Turkish Commercial Code No. 6102 and the Turkish Code of Obligations No. 6098.
3.3 The User acknowledges and declares that they have been informed by Weartechclub in a clear and understandable manner about all preliminary information related to the purchased Product, information about the "right of withdrawal," and official authorities to which they can submit complaints and objections. The User further confirms that they have electronically confirmed this preliminary information and subsequently purchased the Product in accordance with the provisions of this Agreement.
4. DETAILS OF THE PRODUCT COVERED BY THE AGREEMENT AND THE SALES PRICE
Product Description :
Product Fee (Total price including all taxes) :
Shipping Fee :
Total Amount (Total price including all taxes) :
Invoice Address :
Order Date :
Payment Method :
Card Type :
Card Number :
Credit Card Installment/Single Payment :
Total Amount :
5. INVOICE INFORMATION
Name/Surname/Title :
Address :
Phone :
Fax :
E-mail/Username :
The invoice will be sent as an e-invoice to the e-mail address provided by the User to Weartechclub.
6. PAYMENT AND DELIVERY
6.1 PAYMENT
The information and commitments regarding payment, delivery, and performance, as well as the DISTANCE SALES AGREEMENT PRELIMINARY INFORMATION FORM, and upon reading and accepting the hereby DISTANCE SALES AGREEMENT, you are required to check the relevant box and, if you wish to purchase the product whose total sales amount and information are displayed on your screen, press the "Proceed to Payment/Ödemeye geç" option. In this case, the total sales amount of the product you wish to purchase will be collected from the credit card information you provided for the payment transaction. If approval cannot be obtained for payment from the bank system, the sales transaction will be deemed unsuccessful.
6.2 DELIVERY
a. The Product will be delivered to the User or the person/organization at the address specified by the User within the period specified on the Website, depending on the distance of the User's place of residence, provided that it does not exceed the legal 30 (thirty) days.
b. Unless otherwise specified, the shipping fee will be paid by the User. Weartechclub cannot be held responsible for any problems the shipping company may encounter during the delivery of the Product to the User, and Weartechclub cannot be held responsible for the non-delivery of the ordered Product to the User.
c. If the User is not present at the address during the delivery of the Product and/or if the persons at the address refuse to accept the delivery, Weartechclub will be deemed to have fulfilled its performance in this regard. If there is no one to receive the delivery at the address, it is the User's responsibility to contact the shipping company to track the shipment of the products. Weartechclub cannot be held responsible if the person/organization to whom the Product will be delivered is not present at the address or refuses the delivery. In these cases, any damages arising from the User's delayed receipt of the Product, as well as the expenses incurred due to the Product waiting at the shipping company and/or being returned to Weartechclub by the shipping company, are the responsibility of the User.
7. RIGHTS AND OBLIGATIONS OF THE PARTIES
7.1 RIGHTS AND OBLIGATIONS OF THE USER
a. The User, by confirming this Agreement electronically and before the execution of the distance agreement, acknowledges that they have obtained the necessary information from Weartechclub, including Weartechclub's name, title, address, and contact information, as well as the essential qualifications of the ordered product, the total price of the product including taxes, and information regarding payment and the performance of the service; and affirms that they have acquired the required information accurately and completely.
b. The User may convey any claims, demands, or complaints regarding the Product under this Agreement to Weartechclub using the contact information provided above.
c. Weartechclub may, at any time, change the usage method and purpose, as well as the usage and publishing technique of its website or application, modify the content, extend/shorten the accessibility and usage period, restrict or completely stop usage, and make any changes in the purposes of usage.
d. If the User is not the holder of the credit card used to pay for the Products covered by this Agreement, the User expressly acknowledges responsibility for any claims coming from the cardholder regarding the payment of the fees for the Services.
e. Regardless of the reason, the User accepts, declares, and undertakes that Weartechclub has no responsibility for payments made to Weartechclub by the bank and/or financial institution, even if it is reported as unsuccessful by the bank and/or financial institution.
f. The User assures the accuracy of the personal and other miscellaneous information provided during website or Weartechclub application registration, as well as when placing an order. In the event of any damages incurred by Weartechclub due to the inaccuracy of information, the User shall compensate Weartechclub promptly in cash, and without delay upon its initial notification.
g. The User is responsible for inspecting the Product upon delivery and, if there is a problem with the Product due to the shipping company, refusing to accept the Product and reporting to the shipping company official. Otherwise, Weartechclub will not accept responsibility.
h. The User agrees to comply with the legal provisions while using Weartechclub's website or application and undertakes not to violate them. Otherwise, all legal and criminal liabilities arising will be solely and exclusively binding on the User.
i. Weartechclub has no responsibility for the products or services subject to the advertisements on Weartechclub's website, Weartechclub application, or linked links.
7.2 RIGHTS AND OBLIGATIONS OF THE WEARTECHCLUB
a. Weartechclub undertakes to send and deliver the Product to the User in accordance with this Agreement, in a sound, complete, and compliant manner with the specified qualities in the order.
b. If, for any reason, the Product price is not paid or is cancelled from the bank records, Weartechclub shall be deemed relieved of the obligation to deliver the Product.
c. In the event that the fulfilment of the delivery of the Product becomes impossible, Weartechclub shall inform the User of this situation in accordance with the relevant legislation before the expiration of the performance obligation arising from the Agreement and will refund the total price of the Product to the User within 15 (fifteen) business days.
8. THE RIGHT OF WITHDRAWAL
8.1 The User acknowledges that the information regarding the right of withdrawal has been provided properly in accordance with the Distance Agreement Regulation.
8.2 The User has the right to withdraw from this Agreement without specifying any reason and without paying any penalty within 14 (fourteen) days starting from the date of (delivery) receiving the Product.
8.3 However, the right of withdrawal does not apply to the following agreements, even if the product and/or service is unused and not utilized:
a. Products prepared according to the User's requests or personal needs,
b. Perishable or products that may expire,
c. Products for which the protective elements such as packaging, tape, seal, package have been opened after delivery and/or which are not suitable for return due to health and hygiene reasons,
d. Services performed instantly in electronic environment and/or non-material products delivered to the User,
e. Services that have started with the User's approval before the expiration of the withdrawal period,
f. Products purchased by the User for commercial and/or professional purposes.
8.4 In cases where the use of the right of withdrawal is possible, the User is legally responsible for any changes or deterioration that may occur if the product is not used in accordance with its operation, technical specifications, and usage instructions during the withdrawal period. In this context, if there is any change or deterioration in the product due to non-compliance with the operation, technical specifications, and usage instructions until the withdrawal date, the User will lose the right of withdrawal.
8.5 The exercise of the right of withdrawal must be clearly communicated by the User to Weartechclub through the Internet Site within the legal 14 (fourteen) days. If the right is exercised within this period, the Product must be sent to the address specified in Article 1 of this Agreement within a maximum of 10 (ten) days. If a courier company is specified on the Internet Site for product returns, the User is obliged to send the product with this courier company. No expense will be charged to the User if the right of withdrawal is exercised within the specified period.
8.6 If the User chooses to exercise the right of withdrawal, the Product must be returned in its entirety and without any damage. This includes the box, packaging, and, if applicable, any standard accessories.
9. PROTECTION OF PERSONAL DATA
9.1 Weartechclub, within the scope of this Agreement, is obligated to store the information and data provided by the User to Weartechclub, such as name, surname, email address, contact information, financial data, special category data, etc., which may be defined as personal data under Law on the Protection of Personal Data No. 6698, in compliance with the relevant legislation and to submit these records to the Ministry upon request within the legally stipulated periods.
9.2 The User acknowledges, declares, and undertakes that they are aware of Weartechclub's obligation and, within this framework, accepts that Weartechclub has not engaged in any unlawful activities under Law on the Protection of Personal Data No. 6698. The privacy policy and information text on this matter can be accessed on the website.
9.3 Weartechclub accepts and declares to process the personal data collected from the User as mentioned above in connection with the services and/or sale of Product provided within the scope of this Agreement, to process it in a manner compatible with the purpose of the Agreement, to keep it until the end of the period required for the provision of the service and/or sale of Product under this Agreement, to delete, destroy, or anonymize it when the reasons requiring the processing of personal data cease to exist, in accordance with the principles of Law on the Protection of Personal Data No. 6698.
10. INTELLECTUAL PROPERTY
The design, text, images, HTML code, and other codes of the Weartechclub website and Weartechclub application, including but not limited to all elements (all works for which Weartechclub has rights and/or is the copyright owner) and all content, trademarks, logos, know-how, and all rights arising from legal regulations are owned by Weartechclub or used under license by Weartechclub. The User agrees, declares, and undertakes not to copy, modify, display on another site, share, distribute, reproduce, process, market, rent, sell, make available to third parties for access/use, and/or transmit any text, images, any kind of visual, auditory and/or audio-visual elements, interface, and, in short, the entire or any part of the content on the Site or Application, as well as intellectual and industrial property of Weartechclub or third parties, without limitation to the specified, in a manner that would materially or morally harm Weartechclub, the content, the Site, the Application, or individuals who are copyright or right holders according to legal regulations. The User further agrees, declares, and undertakes not to use or allow the use of the content in a manner that would cause material or moral harm to Weartechclub, the content, the Site, the Application, or individuals who are copyright or right holders, and not to use it in violation of legal regulations.
11. APPLICABLE LAW, CONSUMER COMPLAINTS, AND DISPUTE RESOLUTION
11.1 Turkish law shall be applied in the validity, interpretation, and resolution of any other disputes arising from the validity of this Agreement.
11.2 In case the legal relationship between the parties involves an element of foreignness, the User acknowledges, declares, and undertakes that Turkish law will be applied without considering conflict of laws rules in any legal disputes, and waives the application of conflict of laws rules under the Turkish International Private Law and Procedure Law.
11.3 The User must address all requests and complaints related to the Product and Service to Weartechclub.
11.4 In consumer complaints and objections arising from the implementation of this Distance Sales Agreement, the Arbitration Committees for Consumer Problems in the city or district where the User purchased the Product or where their residence is located, within the monetary limits determined annually by the Ministry of Customs and Trade of the Republic of Turkey, are authorized. In disputes exceeding determined value, Consumer Courts shall have jurisdiction.
12. NOTIFICATIONS AND EVIDENTIAL AGREEMENT
12.1 The User acknowledges that the email address provided will be considered as a valid notification address for any notifications made by Weartechclub and understands that any notification made to the specified email address will have all legal consequences of valid notification in accordance with the law.
12.2 In case of disputes arising from this Agreement, the User accepts, declares, and undertakes that Weartechclub's official books and commercial records, as well as the electronic information and computer records held in its own database and servers, will be binding, conclusive, and exclusive evidence. The User acknowledges that this provision constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
13. EFFECTIVENESS
Upon acceptance and approval of this Agreement and the completion of the relevant payment, the User will be deemed to have accepted all the terms of this Agreement, and this Agreement will come into effect.
The User acknowledges that Weartechclub has provided clear and comprehensive information, in compliance with the Law on the Protection of Consumer No. 6502. This information inclueds Weartechclub's name, title, address, telephone, and other contact details, along with essential characteristics of the Product, all relevant preliminary information regarding the sales price, payment methods, as well as the terms concerning the "right of withdrawal" for the Product, and the official authorities where complaints and objections can be lodged. The User also acknowledges being properly and thoroughly informed by Weartechclub in accordance with the law through the online platform. Additionally, the User verifies that they have electronically affirmed the preliminary information, proceeded with the service order, accepted the terms of the agreement, and has no objections.
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PRODUCT DISTANCE SALES AGREEMENT
PRELIMINARY INFORMATION FORM
INTRODUCTION
The subject of the hereby Distance Sales Agreement Preliminary Information Form ("Preliminary Information Form") is to determine the rights and obligations of the Parties in accordance in accordance with the provisions of Law on the Protection of Consumer No. 6502 and the Regulation on Distance Agreements regarding the product ordered by the User through the website www.weartechclub.com ("Website") owned by Weartechclub.
By accepting this Preliminary Information Form, the User User acknowledges, declares, and undertakes that upon confirming the order subject to this Distance Sales Agreement ("Agreement"), the User will be obliged to make the payment the order amount and any additional fees in accordance with the principles specified in this Preliminary Information Form.
1. INFORMATION OF THE PARTIES
1.1 INFORMATION OF THE WEARTECHCLUB
Title : Weartechclub Giyilebilir Spor Ürünleri Hizmet ve Teknolojileri Anonim Şirketi
Tax Office : Sarıyer
Tax Number : 8001188167
MERSİS Number : 0800-1188-1670-0001
Addresss : Reşitpaşa Mah. Katar Cad. İTÜ Arı Teknokent 3 Binası Blok 4/B205 Sarıyer/İstanbul
Phone : Fax :
E-mail : Web :
1.2 INFORMATION OF THE USER
Name/Title :
Surname :
Turkish ID Number :
Tax Number :
Address :
Phone :
E-mail :
2. DEFINITIONS
Under this Preliminary Information Form,
Service(s) refers, The services provided to the User through the Weartechclub Application during the period in which the User pays the service fee to Weartechclub,
Website refers, The website with the domain www.weartechclub.com,
User refers, The person who pays the service fee to Weartechclub and benefits from the services available in the Weartechclub Application during the payment period, who purchases the product from the website and is a party to this Agreement,
Agreement refers, The Distance Sales Agreement,
Weartechclub refers, Weartechclub Giyilebilir Spor Ürünleri Hizmet ve Teknolojileri Anonim Şirketi which provides the services available in the Weartechclub Application to the User and which completes the sale of the Product on the Website,
Weartechclub Sales Channels refers, Weartechclub's Website, Mobile Application, and any future digital sales channels developed,
Weartechclub Application refers, the mobile application named "WearTechClub."
Product refers, to the item(s) and/or accessory(ies) for which the User places an electronic order, and whose qualifications and sales price are specified in the Agreement.
Preliminary Information Form means, the hereby Preliminary Information Form.
3. DETAILS OF THE PRODUCT COVERED BY THE AGREEMENT AND THE SALES PRICE
Product Description:
Product Fee (Total price including all taxes):
Shipping Fee: 0-TL
Total Amount (Total price including all taxes):
Invoice Address:
Order Date:
Payment Method:
Card Type:
Card Number:
Credit Card Installment/Single Payment:
Total Amount:
4. INVOICE INFORMATION
Name/Surname/Title :
Address :
Phone :
Fax :
E-mail/Username :
The invoice will be sent as an e-invoice to the e-mail address provided by the User to Weartechclub.
5. PAYMENT AND DELIVERY
5.1 PAYMENT
The information and commitments regarding payment, delivery, and performance, as well as the DISTANCE SALES AGREEMENT PRELIMINARY INFORMATION FORM, and upon reading and accepting the DISTANCE SALES AGREEMENT, you are required to check the relevant box and, if you wish to purchase the product whose total sales amount and information are displayed on your screen, press the "Proceed to Payment/Ödemeye geç" option. In this case, the total sales amount of the product you wish to purchase will be collected from the credit card information you provided for the payment transaction. If approval cannot be obtained for payment from the bank system, the sales transaction will be deemed unsuccessful.
5.2 DELIVERY
a. The Product will be delivered to the User or the person/organization at the address specified by the User within the period specified on the Website, depending on the distance of the User's place of residence, provided that it does not exceed the legal 30 (thirty) days.
b. Unless otherwise specified, the shipping fee will be paid by the User. Weartechclub cannot be held responsible for any problems the shipping company may encounter during the delivery of the Product to the User, and Weartechclub cannot be held responsible for the non-delivery of the ordered Product to the User.
c. If the User is not present at the address during the delivery of the Product and/or if the persons at the address refuse to accept the delivery, Weartechclub will be deemed to have fulfilled its performance in this regard. If there is no one to receive the delivery at the address, it is the User's responsibility to contact the shipping company to track the shipment of the products. Weartechclub cannot be held responsible if the person/organization to whom the Product will be delivered is not present at the address or refuses the delivery. In these cases, any damages arising from the User's delayed receipt of the Product, as well as the expenses incurred due to the Product waiting at the shipping company and/or being returned to Weartechclub by the shipping company, are the responsibility of the User.
6. GENERAL CONDITIONS
a. The User, by confirming this Agreement electronically and before the execution of the distance agreement, acknowledges that they have obtained the necessary information from Weartechclub, including Weartechclub's name, title, address, and contact information, as well as the essential qualifications of the ordered product, the total price of the product including taxes, and information regarding payment and the performance of the service; and affirms that they have acquired the required information accurately and completely.
b. The User may convey any claims, demands, or complaints regarding the Product under this Agreement to Weartechclub using the contact information provided above.
c. Weartechclub may, at any time, change the usage method and purpose, as well as the usage and publishing technique of its website or application, modify the content, extend/shorten the accessibility and usage period, restrict or completely stop usage, and make any changes in the purposes of usage.
d. If the User is not the holder of the credit card used to pay for the Products covered by this Agreement, the User expressly acknowledges responsibility for any claims coming from the cardholder regarding the payment of the fees for the Services.
e. Regardless of the reason, the User accepts, declares, and undertakes that Weartechclub has no responsibility for payments made to Weartechclub by the bank and/or financial institution, even if it is reported as unsuccessful by the bank and/or financial institution.
f. The User assures the accuracy of the personal and other miscellaneous information provided during website or Weartechclub application registration, as well as when placing an order. In the event of any damages incurred by Weartechclub due to the inaccuracy of information, the User shall compensate Weartechclub promptly in cash, and without delay upon its initial notification.
g. The User is responsible for inspecting the Product upon delivery and, if there is a problem with the Product due to the shipping company, refusing to accept the Product and reporting to the shipping company official. Otherwise, Weartechclub will not accept responsibility.
h. The User agrees to comply with the legal provisions while using Weartechclub's website or application and undertakes not to violate them. Otherwise, all legal and criminal liabilities arising will be solely and exclusively binding on the User.
i. Weartechclub has no responsibility for the products or services subject to the advertisements on Weartechclub's website, Weartechclub application, or linked links.
j. Weartechclub undertakes to send and deliver the Product to the User in accordance with this Agreement, in a sound, complete, and compliant manner with the specified qualities in the order.
k. If, for any reason, the Product price is not paid or is cancelled from the bank records, Weartechclub shall be deemed relieved of the obligation to deliver the Product.
l. In the event that the fulfilment of the delivery of the Product becomes impossible, Weartechclub shall inform the User of this situation in accordance with the relevant legislation before the expiration of the performance obligation arising from the Agreement and will refund the total price of the Product to the User within 15 (fifteen) business days.
7. THE RIGHT OF WITHDRAWAL
7.1 The User acknowledges that the information regarding the right of withdrawal has been provided properly in accordance with the Distance Agreement Regulation.
7.2 The User has the right to withdraw from this Agreement without specifying any reason and without paying any penalty within 14 (fourteen) days starting from the date of (delivery) receiving the Product.
7.3 However, the right of withdrawal does not apply to the following agreements, even if the product and/or service is unused and not utilized:
a. Products prepared according to the User's requests or personal needs,
b. Perishable or products that may expire,
c. Products for which the protective elements such as packaging, tape, seal, package have been opened after delivery and/or which are not suitable for return due to health and hygiene reasons,
d. Services performed instantly in electronic environment and/or non-material products delivered to the User,
e. Services that have started with the User's approval before the expiration of the withdrawal period,
f. Products purchased by the User for commercial and/or professional purposes.
7.4 In cases where the use of the right of withdrawal is possible, the User is legally responsible for any changes or deterioration that may occur if the product is not used in accordance with its operation, technical specifications, and usage instructions during the withdrawal period. In this context, if there is any change or deterioration in the product due to non-compliance with the operation, technical specifications, and usage instructions until the withdrawal date, the User will lose the right of withdrawal.
7.5 The exercise of the right of withdrawal must be clearly communicated by the User to Weartechclub through the Internet Site within the legal 14 (fourteen) days. If the right is exercised within this period, the Product must be sent to the address specified in Article 1 of this Agreement within a maximum of 10 (ten) days. If a courier company is specified on the Internet Site for product returns, the User is obliged to send the product with this courier company. No expense will be charged to the User if the right of withdrawal is exercised within the specified period.
7.6 If the User chooses to exercise the right of withdrawal, the Product must be returned in its entirety and without any damage. This includes the box, packaging, and, if applicable, any standard accessories.
8. PROTECTION OF PERSONAL DATA
8.1 Weartechclub, within the scope of this Agreement, is obligated to store the information and data provided by the User to Weartechclub, such as name, surname, email address, contact information, financial data, special category data, etc., which may be defined as personal data under Law on the Protection of Personal Data No. 6698, in compliance with the relevant legislation and to submit these records to the Ministry upon request within the legally stipulated periods.
8.2 The User acknowledges, declares, and undertakes that they are aware of Weartechclub's obligation and, within this framework, accepts that Weartechclub has not engaged in any unlawful activities under Law on the Protection of Personal Data No. 6698. The privacy policy and information text on this matter can be accessed on the website.
8.3 Weartechclub accepts and declares to process the personal data collected from the User as mentioned above in connection with the services and/or sale of Product provided within the scope of this Agreement, to process it in a manner compatible with the purpose of the Agreement, to keep it until the end of the period required for the provision of the service and/or sale of Product under this Agreement, to delete, destroy, or anonymize it when the reasons requiring the processing of personal data cease to exist, in accordance with the principles of Law on the Protection of Personal Data No. 6698.
9. APPLICABLE LAW, CONSUMER COMPLAINTS, AND DISPUTE RESOLUTION
9.1 Turkish law shall be applied in the validity, interpretation, and resolution of any other disputes arising from the validity of this Preliminary Information Form.
9.2 In case the legal relationship between the parties involves an element of foreignness, the User acknowledges, declares, and undertakes that Turkish law will be applied without considering conflict of laws rules in any legal disputes, and waives the application of conflict of laws rules under the Turkish International Private Law and Procedure Law.
9.3 The User must address all requests and complaints related to the Product to Weartechclub.
9.4 In consumer complaints and objections arising from the implementation of this Preliminary Information Form, the Arbitration Committees for Consumer Problems in the city or district where the User purchased the Product or where their residence is located, within the monetary limits determined annually by the Ministry of Customs and Trade of the Republic of Turkey, are authorized. In disputes exceeding determined value, Consumer Courts shall have jurisdiction.
10. NOTIFICATIONS AND EVIDENTIAL AGREEMENT
10.1 The User acknowledges that the email address provided will be considered as a valid notification address for any notifications made by Weartechclub and understands that any notification made to the specified email address will have all legal consequences of valid notification in accordance with the law.
10.2 In case of disputes arising from this Preliminary Information Form, the User accepts, declares, and undertakes that Weartechclub's official books and commercial records, as well as the electronic information and computer records held in its own database and servers, will be binding, conclusive, and exclusive evidence. The User acknowledges that this provision constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
Once the hereby Preliminary Information Form is read and accepted by the User in the electronic environment, the distance sales agreement process will commence.
The User acknowledges, declares, and undertakes that they have read and accepted all the matters specified in the Preliminary Information Form, and they have no objections. The User further acknowledges that their acceptance of this Preliminary Information Form will result in the obligation to pay for the order in question.
Date: