Article 1 – Parties
1.1. Satıcı
Trade Name: Zukutu Taş Sanatı Sanayi Ticaret Limited Şirketi
E-mail:info@zukutu.com
1.2. Buyer
Name and Surname:
Turkish ID No (T.C. No):
Address:
Phone:
E-mail:
Article 2 – Subject and Scope
This Distance Sales Agreement (“Agreement”) has been prepared in accordance with the Law on the Protection of Consumers and the Regulation on Distance Contracts. The parties to this Agreement acknowledge and declare that they are aware of and understand their rights, obligations, and liabilities arising from the Law on the Protection of Consumers and the Regulation on Distance Contracts within the scope of this Agreement.
This Agreement determines the rights and obligations of the parties, pursuant to the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts, with respect to the sale and delivery of the membership package, the qualifications and sales price of which are specified below, ordered electronically by the Buyer through the website https://zukutustore.combelonging to Zukutu Taş Sanatı Sanayi Ticaret Limited Şirketi, and the commencement of the online service.
The BUYER hereby acknowledges and declares that he/she has been duly informed by the SELLER, in a clear, comprehensible, and internet-appropriate manner, about the SELLER’s name, title, full address, telephone number and other contact details; the basic characteristics of the package subject to sale; the sales price including taxes; the method of payment; all preliminary information regarding the package subject to sale (including advertisement packages, memberships, premium listing/doping services, etc.); the right of withdrawal and the manner in which this right may be exercised; and the official authorities to which complaints and objections may be submitted. The BUYER further acknowledges that he/she has confirmed such preliminary information electronically and, thereafter, placed the package order in accordance with the provisions of this Agreement.
In the event that the person receiving the service is a person with limited legal capacity (a minor child), it shall be deemed that, by approving this Distance Sales Agreement, the parent or legal guardian of the person receiving the service has granted consent for the person receiving the service to become a party to the Terms of Use, which constitute an integral part of this Agreement. The preliminary information available on the website https://zukutustore.comand the invoice issued based on the order placed by the BUYER shall constitute integral parts of this Agreement.
Article 3 – Subject of the Contract Package / Payment
The sales price, method of payment, and invoice details of the services/services purchased electronically, the packages and the related premium (doping) services are stated below. The BUYER acknowledges that the original and registered digital content PACKAGE, the features of which are specified in detail in this Distance Sales Agreement (“Agreement”) and in the Preliminary Information Form, includes online services (advertisement packages, memberships, premium listing/doping services). The other features and conditions of use of the purchased Package are specified in detail in the information available on the website https://zukutustore.comand in the Preliminary Information Form and the Terms of Use, which are deemed an integral part of this Agreement. The information stated below must be accurate and complete. The BUYER agrees to fully compensate for any damages arising from incorrect or incomplete information and further accepts all kinds of liability that may arise from this situation. The SELLER reserves the right to suspend the order in cases where the information provided by the BUYER does not reflect the truth. In cases where the SELLER detects a problem with the order and cannot reach the BUYER via the telephone number or e-mail address provided by the BUYER, the BUYER shall be granted a period of thirty (30) days to make contact. If no response is received from the BUYER within this period, the SELLER shall cancel the order and terminate the service within the framework of the cancellation conditions in order to prevent any loss to either party. The refund shall be transferred to the BUYER’s account within thirty (30) days.
Package / Packages
Name:
Package Sales Price:
Payment by Credit Card / Iyzico:
Phone Number:
Person/Company to be Invoiced:
Tax Office:
Tax Identification Number:
Article 4 – Contract Date and Force Majeure
The contract date shall be the date on which the BUYER purchases the membership package. Events that are not existing or foreseeable at the time of signing the Agreement, that occur beyond the control of the parties, and that make it partially or completely impossible for one or both parties to fulfill their obligations under the Agreement, or to fulfill them on time, shall be considered force majeure (including, but not limited to, natural disasters, war, terrorism, uprisings, changes in legislation, seizure or confiscation, strikes, lockouts, significant malfunctions in production or communication facilities, etc.). The party affected by the force majeure event shall immediately notify the other party in writing. No liability shall arise for either party for failure to perform their obligations during the continuation of the force majeure event. If the force majeure situation continues for thirty (30) days, each party shall have the right to unilaterally terminate the Agreement.
Madde 5- Satıcının Hak ve Yükümlülükleri
5.1. The SELLER undertakes and commits to fully perform the obligations assigned to it under this Agreement in accordance with Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts, except in cases of force majeure.
5.2. Persons under the age of eighteen (18) are not permitted to make purchases through https://zukutustore.com. Corporate members placing advertisements shall assume that the age provided by the BUYER in the Agreement is correct. However, the SELLER shall not be held liable in any way for any inaccuracies in the age provided by the BUYER.
5.3. Zukutu Taş Sanatı Sanayi Ticaret Limited Şirketi and https://zukutustore.comshall not be responsible for pricing errors arising from system malfunctions or from advertisers. Accordingly, the SELLER shall not be held liable for promotional or pricing errors resulting from the system, website design, or any unlawful interventions on the website. The BUYER cannot make any claims against the SELLER due to errors caused by system malfunctions or corporate members.
5.4. Payments can be made via IYZICO. The processing time for online services is considered to begin at the moment the payment is successfully received in the IYZICO system. Payment methods conducted without consulting customer service shall not be accepted.
Article 6 – Rights and Obligations of the Buyer
6.1. The BUYER undertakes and commits to fully perform the obligations assigned to him/her under this Agreement, except in cases of force majeure.
6.2. By paying the fee for the online service, the BUYER acknowledges and agrees that he/she is deemed to have accepted the terms of this Agreement and commits to making the payment in accordance with the payment method specified in the Agreement.
6.3. The BUYER acknowledges and declares that he/she has been informed, in a clear, comprehensible, and internet-appropriate manner, through the website https://zukutustore.com, about the SELLER’s name, trade name, full address, telephone number and other contact details; the basic characteristics of the package subject to sale; the sales price including taxes; the method of payment; all preliminary information regarding the package subject to sale; the right of withdrawal and the manner in which this right may be exercised; and the official authorities to which complaints and objections may be submitted. The BUYER further confirms that he/she has electronically verified such preliminary information.
6.4. In connection with the previous article, the BUYER declares that he/she has read and become informed about the procedural information available on www.zukutustore.com, including the package purchase and payment conditions, package usage instructions, precautions taken for possible situations, and warnings issued, and that he/she has electronically confirmed this information.
Article 7 – Package Price / Payment Procedure
Payment:
Payment via Iyzico: Payment is made by selecting the “Payment via Iyzico” option for the package to be purchased on the SELLER’s website https://zukutustore.com and proceeding with the purchase. After clicking the “Confirm and Continue” button, the BUYER is redirected to the Iyzico Secure Payment page to complete the payment.
The SELLER shall not be responsible for any disruptions or errors in the payment caused by mistakes made by the BUYER during the payment process.
Article 8 – Procedure Regarding Package Cancellation, Withdrawal, and Refund
If the SELLER cannot reach the service recipient using the phone number or e-mail address provided by the BUYER, the service recipient shall be granted a period of thirty (30) days to make contact. If no response is received from the service recipient within this period, the package shall be terminated by the SELLER in accordance with the cancellation conditions, and the package fee shall be refunded to prevent any loss to either party.
Each purchased membership package shall be delivered to the service recipient within the period specified in the Agreement, without exceeding the statutory 30-day period. If the service recipient cannot be reached within this period, the package shall be terminated in accordance with the cancellation conditions, and the package fee shall be refunded. Both parties have the right to terminate the Agreement in this case.
If the purchased service package is to be refunded without using the advertisement or premium services (doping), the BUYER may request a refund of the package fee within thirty (30) days, provided that notice is given at least forty-eight (48) hours in advance.
Under package cancellation conditions, the refund will be transferred to the BUYER’s bank within thirty (30) days. However, the BUYER acknowledges that the relevant bank may process the refund to their account within 2–3 weeks, and the SELLER shall not be held responsible for any delay.
We reserve the right, at our discretion, to process refunds based on the capacities of our payment service providers, the website from which the package was purchased, or other factors. At our discretion, if we believe that our refund policy has been abused, we reserve the right to reject your refund request and/or limit your future package usage. If your access to the package is restricted due to violation of these conditions, you shall not be entitled to any refund.
To request a refund, please contact us at: info@zukutustore.com
Article 9 – General Provisions
This Agreement has been concluded online between the BUYER and the SELLER at the moment the BUYER declares that he/she has read and confirmed the Preliminary Information Form and that he/she has read and accepted this Distance Sales Agreement. From that moment onward, the Agreement becomes effective and binding. A copy of the Agreement and the invoice will be sent to the e-mail address provided by the BUYER.
The sale is completed once the BUYER has read and accepted the Preliminary Information Form, the Distance Sales Agreement, and the Terms of Use related to the purchased package, and has made the payment for the package. No further action is required. These confirmations constitute the BUYER’s acceptance of the scope and terms of use of the package.
The BUYER is obliged to enter the service recipient’s information completely and accurately. The SELLER shall not be held responsible if the package cannot be activated or used due to incomplete or incorrect information provided by the BUYER. During the conclusion of this Agreement, the BUYER acknowledges that he/she has obtained the necessary information regarding the processing of the service recipient’s personal data, that he/she is authorized to share the service recipient’s personal data with the SELLER, and that the BUYER has fulfilled the necessary disclosure obligations under the Personal Data Protection Law (KVKK) (including obtaining explicit consent if required). Therefore, the BUYER accepts full responsibility for all related matters.
Depending on the nature of the purchased PACKAGE, the obligations undertaken by the SELLER shall be fulfilled in accordance with this Agreement and the details, duration, and conditions specified in the Preliminary Information Form.
If the online membership package service has been activated for the service recipient, and it is determined that the credit card used by the BUYER was used unlawfully or without authorization, and the sold package fee is not received by the SELLER from the relevant bank or financial institution, the SELLER has the right to terminate the Agreement.
In case of unforeseen force majeure events that prevent the package or premium services from being activated within the specified period, the SELLER shall notify the BUYER. The BUYER may request cancellation of the order or defer the activation of the package content until the obstacle is resolved.
If the BUYER cancels the package and has made the payment via Iyzico, the product fee will be refunded to the bank within thirty (30) days from the date of cancellation. However, the BUYER acknowledges that the relevant bank may take 2–3 weeks to process the refund, and the SELLER shall not be held responsible for any delay.
By purchasing the package, the BUYER declares that he/she has read, understood, confirmed, and accepted all preliminary information related to the membership package prior to the purchase, and that he/she has electronically acknowledged this on the internet. By purchasing the package, the BUYER obtains the right to use and benefit from the package within the limits and conditions specified in the Preliminary Information Form and Terms of Use.
The service recipient undertakes not to copy, reproduce, process, distribute, publicly transmit, or retransmit, in whole or in part, any visual, text, audio, graphic, template, design, promotional sign, video, screenshot, message software, or program included in or related to the purchased package. The service recipient further agrees not to commit any infringement that violates copyright laws, including the Turkish Law on Intellectual and Artistic Works No. 5846.
The service recipient accepts and undertakes to comply with all obligations and restrictions imposed by the Law on Intellectual and Artistic Works in this regard.
Article 10 – Infringement of Intellectual and Industrial Property Rights by the Service Recipient and Sanctions
In the event that the service recipient violates Article 9 of this Agreement and infringes upon intellectual property rights arising within the scope of the Terms of Use:
The service recipient agrees and undertakes to compensate the SELLER for any damages arising from such infringement/infringements proportionally to the degree of their fault. The service recipient also undertakes, without the need for any court decision, to pay a predetermined penalty of TRY 3,000,000 (three million Turkish Lira) to the SELLER; acknowledges and declares that this penalty is not excessive, and accepts that he/she cannot request the waiver or reduction of this amount on the grounds that it is excessive.
In addition, the SELLER reserves the right to seek compensation or pursue other legal remedies in accordance with the Turkish Code of Obligations, the Turkish Commercial Code, and relevant legislation for damages resulting from this infringement.
The service recipient acknowledges and accepts that the SELLER may separately claim both the aforementioned penalty and any compensation arising from the breach of the obligation.
Article 11 – Confidentiality
The information provided by the Buyer in this Agreement, as well as the information provided to the Seller for payment purposes, shall not be shared with any third parties by the Seller.
The Seller may disclose such information only within the scope of administrative or legal obligations. In the context of any duly authorized investigation, including judicial investigations, if the Seller possesses the requested information, it may be provided to the relevant authority.
The Buyer's email address, postal address, and phone number shall be used solely by the Seller for creating online service records and for notification procedures. From time to time, information regarding campaigns, new packages, and promotions may be sent to the Buyer upon their consent.
Article 11 – Electronic Communication
The Seller may provide the Buyer with notifications regarding the performance of the service related to the package, the completion of payment, and the correction of malfunctions or errors, without the Buyer's prior consent.
Article 12 – Term, Expiration, and Termination of the Agreement
The term of this Agreement shall continue from the date the Buyer completes the purchase until the period specified in the package details on the https://zukutustore.comwebsite, or until the last use of the rights included in the package.
This Agreement shall automatically terminate at the end of the period specified in Article 12.1.
The Seller may immediately terminate the Agreement if the Buyer fails to fulfill their obligations under this Agreement, the Pre-Information Form, or the Terms of Use as specified. In such a case, the Buyer shall not be entitled to claim any payment or compensation from the Seller.
Article 13 – Competent Courts and Enforcement Offices in Case of Dispute
In the event of any dispute arising from the execution of this Agreement, the Consumer Arbitration Committees up to the value announced each December by the Ministry of Industry and Trade, as well as the Consumer Courts at the place of residence of the Buyer or the Seller, shall have jurisdiction.
Article 14 – Entry into Force
This Agreement shall enter into force in its entirety once it is read and electronically approved by the Buyer. The Buyer acknowledges having read and approved the Agreement knowingly.
A copy of this Agreement and the invoice shall be automatically sent to the e-mail address provided by the Buyer in the application form at the time of purchase for the Buyer's safekeeping.