This English version is provided for information purposes only. This Agreement is governed by and construed in accordance with Turkish law, and the Turkish version is the sole authentic text. In the event of any discrepancy, inconsistency or conflict between the Turkish version and this English version, the Turkish version shall prevail.
1. Parties
This Distance Sales Agreement (the "Agreement") has been concluded electronically between the SELLER and the BUYER identified below, pursuant to Law No. 6502 on Consumer Protection (Tüketicinin Korunması Hakkında Kanun) and the Regulation on Distance Contracts (Mesafeli Sözleşmeler Yönetmeliği).
SELLER
| Legal Name | Sporara Teknoloji Ticaret A.Ş. |
| Address | Halaskargazi Mah. Halaskargazi Cad. Garanti Apt. No: 4 İç Kapı No: 5 Şişli / İstanbul |
| Tax Office / Tax No | Mecidiyeköy / 7811137059 |
| Telephone | 0850 270 0 260 |
| E-mail | [email protected] |
BUYER
2. Subject Matter of the Agreement and Characteristics of the Service
The subject matter of this Agreement is the determination of the rights and obligations of the parties in relation to the sale and performance of the service ordered electronically by the BUYER, the characteristics and sale price of which are set out below.
The service(s) subject to this Agreement:
- İstanbul Kadınlara Özel Reformer Pilates
The essential characteristics of the service, its duration, participation requirements, age and health conditions, inclusions and exclusions, and, where applicable, the equipment and level of experience expected from the participant are set out on the relevant listing page. The BUYER acknowledges having read and understood this information prior to placing the order. The descriptions on the listing page form an integral part of this Agreement.
3. Contract Price and Payment
- The total amount stated above covers the service fee together with all taxes, duties and statutory charges. No additional amount is charged to the BUYER beyond this amount; optional supplementary services that are expressly stated on the listing page and separately selected by the BUYER fall outside the scope of this provision.
- For payments made by credit card, instalment arrangements, interest for deferred payment and similar terms are governed by the agreement between the BUYER and its bank.
- If the payment fails, is cancelled or is not honoured by the bank for any reason, the obligation to perform the service ceases to exist.
- The invoice is issued on the basis of the information provided during the order and is delivered to the BUYER electronically.
4. General Provisions
- Upon completion of the booking through the Platform and conclusion of this Agreement, agreement between the parties is deemed to have been reached and the service fee becomes due and payable.
- The BUYER's electronic confirmation of this Agreement means that it has obtained accurately and in full all information that must be provided to it prior to the conclusion of the contract regarding the essential characteristics of the service, its duration, participation requirements, the total price including taxes, the method of payment and performance, and any circumstances of a special nature.
- If the service fee is not paid for any reason, the SELLER cannot be held liable for non-performance of the service.
- Following confirmation of the booking, the BUYER is responsible for the purchase transaction and is obliged to comply with the cancellation and refund rules set out in this Agreement and on the listing page.
- The electronic environment in which the service is offered (the "Platform") is operated by the SELLER. The listing, visual, duration and price information on the Platform is valid until updated; prices announced for a limited period apply until the end of the stated period.
- The descriptions, terms and annexes set out on the listing page form an integral part of this Agreement.
5. Performance and Delivery of the Service
- The service is performed on the date, at the time and at the location stated on the listing page and in the order summary.
- The booking confirmation, e-ticket or participation document is delivered to the BUYER electronically. The BUYER may be required to present this document together with identification in order to benefit from the service.
- the SELLER is responsible for the performance of the service. The service shall bear the characteristics stated in the listing and shall be provided in compliance with the applicable legislation.
- The BUYER declares that it meets the health, age, equipment and participation requirements necessary for the performance of the service. Where the service cannot be used because these requirements are not met, the responsibility lies with the BUYER.
- The service may be postponed or cancelled in the event of adverse weather conditions, natural disaster, decisions of official authorities, force majeure events, or circumstances endangering participant safety. In such cases an alternative date is offered to the BUYER; if the BUYER does not accept, the amount paid is refunded.
- If the BUYER fails to attend on the service date (no-show), the service is deemed to have been performed and, as the withdrawal period will have expired, no refund is made. Any more flexible term stated on the listing page in the BUYER's favour is reserved.
6. Right of Withdrawal and Cancellation Terms
Statutory Position
Pursuant to Article 15, first paragraph, subparagraph (g) of the Regulation on Distance Contracts (Mesafeli Sözleşmeler Yönetmeliği), the consumer has no statutory right of withdrawal in respect of contracts relating to accommodation, carriage of goods, car rental, supply of food and beverages and the use of leisure time for entertainment or recreation purposes, which are required to be performed on a specific date or within a specific period.
The sports activities, experiences, courses, tournaments, camps, tours, rentals and event bookings subject to this Agreement constitute services relating to the use of leisure time provided on a specific date or within a specific period, and therefore fall within the scope of the aforementioned exception.
Contractual Right of Withdrawal Granted by the SELLER
Notwithstanding the above, the SELLER grants the BUYER, without any statutory obligation and entirely of its own volition, a contractual right of withdrawal of 30 (thirty) days on the terms set out below.
This granted right does not eliminate or restrict the BUYER's statutory rights arising from Law No. 6502 in respect of defective services, non-performance or improper performance, or any other statutory rights.
Period
- The contractual right of withdrawal may be exercised within 30 (thirty) days from the order date.
- However, this period runs in all cases only until the start date of the service or event. The contractual right of withdrawal cannot be exercised once the service has commenced or the BUYER has benefited from the service.
- If, on the order date, less than 30 days remain until the start of the service, the withdrawal period effectively runs until the start date of the service.
- For multi-day programmes, camps and tours, the "start" is the announced first day of the programme.
Refund and Deductions
In the event of contractual withdrawal, the service fee is refunded to the BUYER. However, expenditure actually incurred towards third parties for the booking and which is non-recoverable as at the date on which the withdrawal notice reaches the SELLER shall be deducted from the refund amount. Such items include, without limitation, the following:
| Items that may be subject to deduction |
| Accommodation and hotel booking charges |
| Air tickets and other transport tickets |
| Vehicle rental charges |
| Pitch, court, facility or venue allocation charges |
| Seat or place allocation charges (event, stand, vehicle seat) |
| Cancellation deductions imposed by the sports centre or service provider |
| Transaction fees (payment processor / bank transaction fees and commissions) |
- Any deduction is limited to the amount actually incurred and capable of being documented. No lump-sum, proportional or estimated deduction is applied.
- The SELLER is obliged to document the items subject to deduction upon the BUYER's request.
- Amounts recoverable or refundable from third parties may not be passed on to the BUYER as a deduction.
- If no such expenditure has been incurred, the full amount is refunded without deduction.
- In cases of force majeure and where the service is cancelled by the SELLER, no deduction whatsoever is applied and the full amount is refunded.
Procedure
- The withdrawal notice may be given through the Platform, by e-mail or through the contact channels stated on the listing page. It is sufficient for the notice to be in writing; no reason need be given.
- The refund is made within 14 (fourteen) days of the withdrawal notice reaching the SELLER, using the payment method used and in the same currency.
- Where more flexible cancellation or refund terms in the BUYER's favour are stated on the listing page, those terms shall apply. Any term on the listing page that is to the BUYER's detriment cannot override this article.
7. Refund Process
- The cancellation and refund terms of each service and the free cancellation period are separately stated on the relevant listing page. The BUYER declares that it has read and accepted these terms prior to placing the order.
- The refund amount and any applicable deductions are determined in accordance with the provisions on the contractual right of withdrawal set out in the preceding article.
- Where the service is cancelled by the SELLER, an alternative date is offered to the BUYER; if the BUYER does not accept, the full amount paid is refunded without deduction.
- Refunds are made using the payment method used by the BUYER and in the same currency. The amount subject to refund is transferred to the bank or payment institution through which payment was made within 14 (fourteen) days at the latest following receipt by the SELLER of the withdrawal or cancellation notice.
- For refunds to credit cards, once the amount has been transferred to the bank, its reflection in the BUYER's account depends on the bank's transaction processes and may take on average 3 (three) weeks. As this stage relates entirely to the operation of the relevant bank, the SELLER cannot be held liable for delays occurring after the amount has been transferred to the bank.
- For payments made using coupons, gift vouchers, campaign discounts or wallet balance, the refund is made in a manner appropriate to the instrument used.
- In the case of partial cancellations, the refund is calculated on the basis of the cancelled participant or item; if the conditions of campaign and package discounts cease to be met, the discount may be recalculated.
Cancellation and refund requests are submitted through the SELLER's contact channels stated above or through the "my orders" section of the membership account.
8. Protection of Personal Data
Personal data obtained for the purposes of carrying out booking and purchase transactions, performing the service and issuing invoices is processed and stored in accordance with Law No. 6698 on the Protection of Personal Data (Kişisel Verilerin Korunması Kanunu) (the "Law") and the related legislation, and may be shared with third parties in the cases provided for by the Law.
In its capacity as data subject, the BUYER has the rights set out in Article 11 of the Law, namely: to learn whether its personal data is being processed, to request information if it has been processed, to learn the purpose of processing and whether the data is used in accordance with that purpose, to know the third parties to whom the data is transferred domestically or abroad, to request rectification of incomplete or inaccurately processed data, to request erasure or destruction of the data where the reasons requiring its processing cease to exist, to request that such operations be notified to the third parties to whom the data has been transferred, to object to an adverse outcome arising from analysis carried out exclusively by automated systems, and to claim compensation for damage suffered due to unlawful processing.
Detailed explanations regarding the purposes for which the data is processed and the legal grounds relied upon are set out in the Privacy Notice, and processing activities requiring consent are set out in the Explicit Consent Text. These texts are accessible through the Platform and constitute annexes to this Agreement.
In the processing of personal data, the SELLER is responsible for fulfilling its obligations arising from the Law.
9. Notices and Service of Process
- Notices between the parties may be made by e-mail, SMS, telephone, call centre, automated calling and communication tools, as well as through in-Platform messaging and notification channels.
- Notices are based on the parties' contact details registered in the Platform system. Notices duly made through these channels are deemed to have actually reached and been served upon the relevant party and produce all the legal consequences of a valid notice.
- The BUYER acknowledges that the e-mail address and telephone number provided during the order are accurate and current, and that it will update any changes to this information without delay. The SELLER is not liable for the failure of a notice to arrive due to contact details that have not been updated.
- In cases requiring written service of process, the addresses of the parties stated above and the electronic service addresses deemed valid under the applicable legislation shall be used.
- The sending of commercial electronic messages is subject to the BUYER's consent pursuant to Law No. 6563 on the Regulation of Electronic Commerce (Elektronik Ticaretin Düzenlenmesi Hakkında Kanun) and the Regulation on Commercial Communication and Commercial Electronic Messages; such consent may be withdrawn at any time. Mandatory transaction notices relating to order, booking and cancellation processes fall outside this scope.
10. Force Majeure
Events which did not exist and were not foreseeable at the date of conclusion of the Agreement, which develop beyond the control of the parties and the occurrence of which renders it impossible for one or both of the parties to perform their contractual obligations in whole or in part or in a timely manner shall be deemed force majeure.
Without limitation, the following are deemed force majeure: natural disaster, earthquake, flood, fire, epidemic disease and related official measures, war, terrorism, insurrection, mobilisation, strike and lock-out, decisions and acts of official authorities, changes in legislation, confiscation, and material failures and interruptions in energy, transport, production or communication infrastructure.
- The party unable to perform its obligations due to force majeure shall notify the other party as soon as reasonably possible and in any event within thirty (30) business days.
- The obligations of the parties are suspended for the duration of the force majeure; the provisions on default do not apply during that period.
- Where the service cannot be performed due to force majeure, an alternative date is offered to the BUYER. If the BUYER does not accept, the amount paid is refunded without deduction; no deduction whatsoever is applied in such cases, including the deductions set out in the article on the contractual right of withdrawal.
- If the force majeure lasts longer than thirty (30) days, either party may terminate the Agreement without compensation.
11. Termination
- This Agreement enters into force on the date on which it is approved electronically by the BUYER and remains in force until the obligations of the parties have been fully performed or the Agreement is terminated.
- The parties' rights of cancellation, withdrawal and termination are exercised within the framework of the article of this Agreement concerning the right of withdrawal and cancellation terms, and of the terms set out on the listing page.
- If the BUYER acts contrary to the safety instructions relating to the performance of the service, to the participation rules or to the applicable legislation, carries out transactions using information belonging to another person, or uses the service for purposes other than those intended, the SELLER may terminate the Agreement immediately and exclude the BUYER from the service. In such cases no refund is made and the SELLER's right to claim its damages is reserved.
- Termination does not affect the rights and receivables of the parties that have accrued up to the date of termination.
12. Prohibition of Assignment
The parties may not assign or transfer their rights and obligations arising from this Agreement to third parties without the written consent of the other party, and may not carry out transactions which would result, even indirectly, in the transfer of rights and receivables.
The transfer by the BUYER of its booking to another participant is possible only if such an option is granted on the listing page and subject to the conditions stated there. In the event of an unauthorised transfer, participation may be refused and no refund is made.
13. Evidential Agreement
The parties agree that, in any dispute that may arise from the performance of this Agreement, the books and records kept by the SELLER, the Platform records, the order and booking records, the computer and server records and system logs, the e-mail and SMS records, the voice recordings and, without limitation, all kinds of electronic records shall constitute conclusive evidence pursuant to Article 193 of the Code of Civil Procedure No. 6100 (Hukuk Muhakemeleri Kanunu), and that this article is in the nature of an evidential agreement.
This provision does not eliminate the BUYER's rights to adduce evidence arising from its capacity as a consumer and protected by legislation; the BUYER's right to prove the contrary is reserved.
14. Severability and Waiver
- Severability. If any provision of this Agreement is found to be invalid, unlawful or unenforceable, this shall not affect the validity of the remaining provisions; the remaining provisions shall continue in force.
- The parties shall, in accordance with the principle of good faith, redraft the affected provision (i) so as to come as close as possible to its original purpose having regard to the Agreement as a whole and (ii) in compliance with the applicable legislation.
- Waiver. The failure or delay of either party to exercise a right arising from this Agreement shall not be deemed a waiver of that right and shall not prevent the subsequent exercise of that right.
- The partial exercise of a right shall not prevent the full exercise of that right or of any other rights.
15. Resolution of Disputes and Jurisdiction
- In disputes arising from this Agreement, the BUYER may apply to the Consumer Arbitration Committees or the Consumer Courts pursuant to Law No. 6502 on Consumer Protection (Tüketicinin Korunması Hakkında Kanun).
- The authority to which the application is to be made is determined according to the monetary value of the dispute. The monetary thresholds governing the jurisdiction of the consumer arbitration committees are redetermined and announced each year by the Ministry of Trade. The official announcements of the Ministry of Trade shall be taken as the basis for the current monetary thresholds.
- The application may be made to the consumer arbitration committee or the consumer court at the BUYER's place of residence or at the place where the transaction was carried out.
- The BUYER's right to apply to the consumer arbitration committee or the consumer court at its own place of residence is reserved and may not be restricted by this Agreement. No provision of this Agreement may be interpreted so as to eliminate this statutory option available to the consumer.
- In respect of BUYERs who do not have consumer status, or where the BUYER so elects, the Istanbul Courts and Enforcement Offices shall also have jurisdiction in addition to the general rules of jurisdiction. This provision does not constitute an exclusive jurisdiction agreement.
- The BUYER may submit its request directly before applying to an arbitration committee or court; this does not eliminate its statutory rights of application or suspend the applicable time limits.
- Turkish law shall apply to the interpretation and performance of this Agreement.
16. Miscellaneous Provisions
- The terms used in this Agreement are used with the meanings ascribed to them in the Platform User Agreement and shall, to the extent applicable, be interpreted and applied in accordance with those definitions.
- The User Agreement, the Privacy Policy, the Privacy Notice, the Cookie Policy and the terms set out on the listing page are annexes to and integral parts of this Agreement. In the event of any conflict, the provision more favourable to the consumer shall apply.
- In matters not regulated by this Agreement, the provisions of Law No. 6502 and the related legislation shall apply.
- This Agreement has been accepted by the parties after each of its provisions has been read. Once the order has been completed, the BUYER may not claim that it was unaware of or did not accept the terms of the Agreement.
- Amendments to the Agreement shall not apply retroactively to the BUYER's existing and completed orders.
17. Entry into Force
- This Agreement has been concluded and entered into force upon being read and approved electronically by the BUYER.
- The BUYER acknowledges, declares and undertakes that, before completing the order, it has read the Preliminary Information Form and this Agreement, and that it has been informed of the essential characteristics of the service, the total price including taxes, the method of payment and performance, the cases in which there is no statutory right of withdrawal, and the 30 (thirty) day contractual right of withdrawal and refund terms granted by the SELLER.
- The Agreement is valid between the SELLER and the BUYER, is sent to the BUYER's registered e-mail address and is stored so as to remain accessible from the membership account.
- The parties agree that the electronic mail addresses notified during the order constitute the addresses for service of process.
- Upon electronic approval by the BUYER, this Agreement shall be deemed to have been read and accepted in respect of all of its articles.