Distance Sales Agreement

Article 1 — Parties

SELLER

• Company name: 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 / Title: [Information declared during the order]
• Address: [Address declared during the order]
• Phone / E-mail: [Contact details declared during the order]

(Hereinafter referred to as the "BUYER". The SELLER and the BUYER are individually referred to as a "Party" and jointly as the "Parties".)

Article 2 — Subject

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, regarding the sale and performance of the service/product ordered electronically by the BUYER through the SELLER's mechart.com.tr website and/or a payment link sent by the SELLER, whose qualities and price are specified below and in the pre-information form.

By approving this agreement electronically, the BUYER confirms having received, accurately and completely, the address, the essential characteristics of the ordered service, the tax-inclusive price, and the payment and performance information that must be provided to the BUYER before a distance contract is concluded.

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 tax-inclusive total price of the service/product are specified in the quotation and/or order summary agreed between the BUYER and the SELLER and in the Pre-Information Form.

The prices of the services and products offered by the SELLER are not based on a standard list, but on an amount agreed with the BUYER for each job/project. The BUYER completes the payment after seeing and approving the tax-inclusive total amount in the quotation/order summary. The amount shown to the BUYER at the payment stage is the final amount payable, all taxes included.

Article 4 — General Provisions

4.1. The BUYER declares having read and understood the essential characteristics, the tax-inclusive sale price, the method of payment and the preliminary performance information relating to the service, as presented on mechart.com.tr and/or the payment link, and having given the necessary electronic confirmation.

4.2. By confirming this agreement and the Pre-Information Form electronically, the BUYER acknowledges having obtained all information that must be provided before a distance contract is concluded.

4.3. Performance of the service begins and/or is carried out within the agreed period after the price has been credited to the SELLER's account. For digital content and software services, performance is deemed complete once the service is made available for the BUYER's access/use electronically.

4.4. If the service price is not paid for any reason or is cancelled in the records of the bank/payment institution, the SELLER is deemed released from the obligation to perform the service.

4.5. Where performance becomes impossible, the SELLER notifies the BUYER in writing or via a durable medium within 3 (three) days of becoming aware of the situation, and refunds any total amount collected to the BUYER within 14 (fourteen) days at the latest from the date of notification.

4.6. During the performance of this agreement, payment is collected through the infrastructure of payment and electronic money institutions authorised under Law No. 6493 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 during the order. The BUYER is responsible for the accuracy of the natural/legal person details on which the invoice is issued.

Article 6 — Method of Payment

6.1. The BUYER may pay the service price by credit card, debit card or other electronic payment methods offered, through the secure payment infrastructure available on the SELLER's website or the payment link sent to the BUYER.

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, taxes included. If the payment is not completed for any reason, the order is not processed.

Article 7 — Performance / Delivery

7.1. The service is performed within the period and scope specified in the quotation/order summary after the price has been credited to the SELLER's account. For consultancy and project services, performance is carried out according to the work plan, the agreed schedule and the delivery method.

7.2. For digital products and software services, delivery/performance occurs when the service is made available for the BUYER's access, account or use electronically.

7.3. 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.

Article 8 — Right of Withdrawal and Its Exceptions

8.1. Where provided by legislation, 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 begun with the consumer's approval and has been completed.

8.3. Since the engineering/consultancy services and the digital products and software services offered by the SELLER are, by their nature, prepared specifically for the person/job 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 they have requested performance of these services to begin immediately and that they are aware there is no right of withdrawal.

8.4. For services whose performance has not yet begun and/or which have not been delivered, the BUYER may submit a cancellation request 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 submit a cancellation request for a service whose performance has not yet begun and/or which has not been delivered. The cancellation request is made by completing the "Cancellation Request Form" available in the Contact section of the SELLER's website in full 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 begun, 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 begun or been completed, since there is no right of withdrawal/refund under 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.

Article 10 — Default and Its Legal Consequences

If the BUYER makes the payment by credit card and falls into default, the cardholder accepts that they will pay interest within the framework of the credit card agreement between them and the bank and will be liable to the bank. In this case, the relevant bank may resort to legal remedies and may claim the 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 related legislation. Detailed information on the processing of personal data is set out in the Privacy Policy and KVKK Disclosure Statement published on the SELLER's website.

Article 12 — Resolution of Disputes

For 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. Information on the monetary limits can be obtained from the current values announced by the Ministry of Trade.

Article 13 — Entry into Force

The BUYER accepts that they have 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 approved electronically by the BUYER. In matters not covered by the agreement, the provisions of Law No. 6502 and the Regulation on Distance Contracts apply.