Distance Sales Contract
This Distance Sales Contract has been arranged between the Buyer and the Seller, whose information is given below, within the framework of the conditions specified.
1.Seller Information (It will be included as Seller in the contract.):
Title: SoftVexis Software
Telephone: +1 782 855 4681
Telephone 2: 49 176 83809999
E-mail address: info@softvexis.com
2.Consumer Information (It will be included as Buyer in the contract.)
Person to be delivered to:
Delivery Address:
Telephone:
E-Mail address:
3.Invoice and Ordering Information
Name/Surname/Title:
Address:
Telephone:
E-Mail address:
Invoice Delivery : Unless otherwise requested by us, the invoice will be delivered to the Buyer electronically after the order delivery.
4. Subject matter The subject matter of this agreement is; the terms and conditions of sale and delivery of the products/services ordered electronically by the Buyer from the Seller’s websites, whose characteristics and sales prices are specified on the websites, in accordance with the provisions of the Consumer Protection Law No. 4077 and the Regulation on Distance Contracts published in the Official Gazette dated 03.03.2011.03.2011, published in the Official Gazette and entered into force.
5.Product/Service Information Subject to the Contract
5.1 All features of the product to be purchased and pictures taken from various angles are available on the websites. You can review the product specifications, whether the product is in stock or not, on our website between the specified purchase dates. It is at the Seller’s discretion whether or not to reproduce the product that is out of stock.
5.2 You can view the price of the product you wish to purchase on our website. The listed prices do not include country-specific tax rates. The final price is updated and displayed during the purchase process, taking into account any applicable taxes and transaction fees based on the country selected by the user. Product prices are valid throughout the campaign period (until 11:59 PM on the campaign’s end date), unless otherwise specified.
5.3 The sales price of the products / services subject to the contract, which are intended to be purchased by the buyer, including all taxes, is included on the websites and in the order form.
6. Right of Withdrawal
6.1. Underwear bottom parts, swimwear and bikini bottoms, make-up materials, disposable products, goods that are in danger of spoiling quickly or that are likely to expire, products that are not suitable for return in terms of health and hygiene if the packaging is opened by the BUYER after delivery to the BUYER, products that mix with other products after delivery and cannot be separated by nature, Except for those provided within the scope of the subscription agreement, goods related to periodicals such as newspapers and magazines, services performed instantly in electronic media or intangible goods delivered to the consumer instantly, and audio or video recordings, books, digital content, software programs, data recording and data storage devices, computer consumables, if the packaging is opened by the BUYER, it is not possible to return them in accordance with the Regulation. In addition, before the expiration of the right of withdrawal period, it is not possible to use the right of withdrawal regarding the services started to be performed with the approval of the consumer in accordance with the Regulation.
6.1.1. Cosmetics and personal care products, underwear, swimwear, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes and stationery consumables (toner, cartridges, ribbons, etc.) must be unopened, untested, intact and unused in order to be returned.
6.1.2.Software services performed instantly (remotely) in electronic media or intangible goods delivered instantly to the consumer,
6.1.3.Software programs and computer consumables are excluded from the right of withdrawal and product return.
6.2. Exercise of the Right of Withdrawal
6.2.1. The original invoice of the product delivered to the third party or the Buyer (If the product to be returned was purchased by a legal entity and the invoice was issued on behalf of the legal entity; when returning the product, the Buyer must be sent together with the return invoice issued by the legal entity. Product returns whose invoice is issued on behalf of the legal entity will not be completed unless a return invoice is issued.) must be delivered to the Seller together with the product.
6.2.2. The return form to be filled out by logging into the website with the registered username and password,
6.2.3. The Seller is obliged to return to the Buyer the price of the product / products received or the documents that put the Buyer under debt to the Buyer within ten days at the latest after the withdrawal notification is made within the period and the products subject to the withdrawal notification reach him within a reasonable time.
6.2.4. If, due to the fault of the Buyer, the value of the goods decreases or the return becomes impossible, the Buyer is obliged to compensate the Seller for the value of the goods or the decrease in their value.
6.2.5. Due to the exercise of the right of withdrawal; The Buyer is obliged to return any benefits provided by the campaign organized by the Seller. For example, if there is a discount made within the scope of shopping with a certain limit within the scope of the campaign, this amount will be deducted from the refund amount to be made to the Buyer. Again, in the case of gifts given in return for shopping at a certain limit amount, the gift product sent with the product to be returned after the use of the right of withdrawal will also be returned.
6.2.6. The costs arising from the exercise of the right of withdrawal shall be borne by the Seller.
6.3. Cases in Which the Right of Withdrawal Cannot Be Exercised
Products prepared at the request of the BUYER or in accordance with their explicit personal needs and which are not suitable for return, such as underwear, swimwear, makeup products, single-use items, products that are prone to rapid deterioration or have an expired shelf life, and products that cannot be returned for health and hygiene reasons once the packaging has been opened by the BUYER after delivery, products that have been mixed with other products after delivery and cannot be separated due to their nature, products related to periodicals such as newspapers and magazines, except those provided under a subscription agreement, services performed immediately in an electronic environment or intangible goods delivered immediately to the consumer, and the return of sound or video recordings, books, digital content, software programs, data storage devices, and computer consumables if their packaging has been opened by the BUYER is not possible in accordance with the Regulation. Additionally, the right of withdrawal cannot be exercised for services whose performance has begun with the consumer’s consent before the withdrawal period expires, in accordance with the Regulation.
7. Product Delivery
7.1. The Buyer declares and accepts that they have read and accepted the above preliminary information regarding the characteristics of the product(s) subject to the contract, the sales price, payment method, and delivery conditions on our websites, and that they have confirmed these matters electronically. The confirmation of this preliminary information form in electronic format constitutes the Buyer’s acknowledgment and acceptance, in accordance with the relevant regulations, that they have received information from the Seller regarding the product characteristics, sales price, delivery and return conditions, addresses, and all other questions that the Seller is required to disclose prior to the conclusion of the distance sales contract, and that they wish to enter into the distance sales contract under these conditions.
7.2. The product(s) subject to the contract shall be delivered to the Buyer or to the person or legal entity designated by the Buyer at the delivery address within the period specified on the website, without exceeding the thirty-day legal period. (Special products and projects may exceed the 30-day period)
7.3. In cases where the performance of the goods or services subject to the order becomes impossible, the Seller undertakes to notify the Buyer of this situation within the performance period and to refund the total amount paid, along with any documents that place the Buyer under any obligation, within ten days at the latest.
7.4. The Buyer shall confirm this Pre-Contract Information Form electronically for the delivery of the product subject to the contract. In the event of non-payment of the product price for any reason and/or cancellation of the payment in the bank records, the Seller’s obligation to deliver the product subject to the contract shall cease. the Buyer shall accept, declare, and undertake that the advance payment previously sent shall not be refunded if the Buyer fails to make payment on time, and that the Seller may unilaterally terminate the contract and cancel the project without refund if the Buyer fails to make payment within the specified period (the payment period for special products and projects/software is 30 days).
7.5. The Seller declares and accepts that in the event of unforeseeable circumstances beyond its control that prevent it from fulfilling its obligations, or if it becomes clear that it cannot deliver the product(s) subject to the contract, it will immediately notify the Buyer. The Buyer declares, accepts, and undertakes that in such unforeseeable circumstances, it accepts the cancellation of the order by the Seller. In the event that the order is canceled by the Seller under such circumstances, the cash payment made by the Buyer shall be refunded by the Seller within ten days to the Buyer’s account or credit card. In the event of a refund to a credit card, the Buyer acknowledges and accepts that the refund amount may be reflected on the credit card with a delay due to banking procedures. The Buyer hereby declares and accepts that it has no right to make any claim against the Seller under any circumstances due to the possible delay in the refund being reflected on the credit card.
7.6. In cases where payment is made by credit card, debit card, or similar payment card without a receipt in distance contracts, if the card is used unlawfully by another person, the provisions of the Bank Cards and Credit Cards Law No. 5464 dated February 23, 2006, and the Regulation on Bank Cards and Credit Cards published in the Official Gazette dated March 10, 2007, No. 26458, shall apply.2007 and published in the Official Gazette No. 26458, the provisions of the Regulation on Bank Cards and Credit Cards shall apply.
7.7. If the buyer has commissioned custom software or modifications to an existing project, they shall not have the right to cancel the project and request a refund.
8. Miscellaneous Provisions
8.1. The Buyer, by registering on the Seller’s website and subsequently updating the information provided (address, landline and mobile phone numbers, email address, etc.), has authorized the Seller to contact the Buyer for purposes such as sales, marketing, and information. The Buyer acknowledges and agrees that the Seller may use their contact information for these purposes.
8.2. The Buyer shall check the preliminary information form and the goods/services subject to this contract before delivery, shall not accept delivery of broken, worn, wet, or torn packaging from the shipping company, and shall open the product in the presence of a shipping company representative to check whether the products listed on the delivery note/invoice are included in the delivered products/services. The Buyer shall be deemed to have accepted that the goods/services delivered are sound and undamaged and consistent with the delivery note/invoice. If the right of withdrawal is exercised, the goods/services must not be used and must be returned together with the original invoice.
8.3. The Buyer declares and undertakes that the personal information provided when registering on the Seller’s website is accurate and that the Seller shall be fully liable for any damages incurred as a result of the inaccuracy of such information, regardless of the nature of such damages.
8.4. In the event of any disputes arising from the application of the provisions of this Distance Sales Agreement, within the monetary limits determined by the Ministry of Industry and Trade each December;
8.5. The Seller is not liable for any damages incurred by the Buyer as a result of the software/product sold, and the Buyer hereby declares and undertakes this.
9. LICENSE & SALES
The sale, distribution, or exchange of scripts with an open demo on any portal or your own website (SOFTWARE) is strictly prohibited. All software offered for sale on our website belongs to softvexis.com and its owner, “SoftVexis,” and is the property of SoftVexis. Therefore, individuals who purchase software from this site may not resell, distribute, share, modify, or redistribute the software without permission. They may not share the software as if it were their own. The buyer agrees to comply with these terms and acknowledges that legal action may be taken if they fail to do so. The buyer agrees not to use the software provided to them on any domain name other than the domain name provided to the seller, and that all licenses will be permanently revoked if they do so.
There are no license changes in our software, but the SELLER may grant this right to the BUYER free of charge or for a fee determined by the SELLER if deemed necessary. The SELLER reserves the right to change the license.
9.1 You can request information about the HTML theme or plugin related to the purchased open source script from our live support team before purchase or from your order details after purchase.
9.2 The Seller is not liable for any damage caused by the software it sells; this responsibility lies entirely with the Buyer. The Buyer must test the software thoroughly before using it actively.
9.3 Any modifications to the software are the responsibility of the buyer. The seller will only fix issues related to the software that are not working, broken, or causing errors within the specified support period and for buyers who are eligible for support. The seller reserves the right to discontinue support for the software modified by the buyer.
The default support period is one month. Unless otherwise specified, this period applies to all software, mobile applications, and software modification services provided by us. The seller reserves the right to terminate support at any time and may cease providing support to the buyer at its discretion.
The Consumer Disputes Arbitration Board or Consumer Court in the location where the consumer purchased the goods or services or where the consumer resides is authorized.
By electronically approving this distance sales contract and the Pre-Contract Information Form and making the payment for the goods/services subject to the contract, the buyer acknowledges and declares that they have read and accepted the terms of the contract. This pre-contract information form has been read, fully understood, and all its provisions have been approved, accepted, and declared by the buyer.