Distance Sales Agreement
This agreement applies to online orders placed with UÇAKHAN by customers qualifying as consumers under Turkish law. The order summary, information entered by the buyer and order-specific terms displayed at checkout form an integral part of the agreement. The Turkish version governs where mandatory Turkish consumer law applies.
1. Parties
Seller / Provider: UÇAKHAN Yazılım Proje Danışmanlığı Limited Şirketi
Zeytinlik Mah. 20. Cad. Spor 89 Sitesi Spor 89 Sitesi I-Blok No: 81 İç Kapı No: 16 Kepez / Antalya, Türkiye
Tax No. 8831248504 · MERSIS No. 0883124850400001 · KEP: ucakhanyazilimproje@hs01.kep.tr · +90 530 686 96 93 · cemalettin@ucakhan.com.tr
Buyer: the person/entity whose details are entered at checkout.
2. Subject
This agreement governs the sale and/or performance of the products and/or services ordered electronically by the buyer through the UÇAKHAN website, and the parties' rights and obligations under Turkish Consumer Protection Law No. 6502, the Distance Contracts Regulation and other applicable legislation.
3. Order details and price
The name, scope and quantity of the product/service, unit and total price, VAT status, any installation charges, payment method and delivery/performance information are displayed in the order summary and at checkout. The buyer can review this information before confirming the order.
4. Formation and payment
The agreement is concluded when the buyer electronically confirms receipt of the Pre-Contract Information and acceptance of this Distance Sales Agreement, and then confirms the order/payment through a control clearly indicating that it creates a payment obligation. Credit/debit card payments are processed through the secure infrastructure of the active virtual POS or payment institution.
5. Delivery / performance
- Services are performed according to the scope and schedule shown at checkout or set out in the applicable proposal or contract. For web development packages, work starts on the planned schedule after payment confirmation and receipt of the required content (texts, images, domain and access details, etc.).
- Depending on the nature of the work, delivery may be a published website, access credentials, source or design files, a report, digital deliverables or an online/on-site working session. UÇAKHAN does not sell physical products; no shipping applies.
6. Right of withdrawal
As a rule, the consumer may withdraw from the agreement within fourteen days without giving any reason and without paying any penalty. For services, the period starts on conclusion of the contract. Notice of withdrawal may be sent to UÇAKHAN in writing or via a durable medium.
7. Early start of services
The consumer may expressly request, using the separate consent box at checkout, that a service begin before the 14-day withdrawal period expires. For services whose performance begins with this consent, the right of withdrawal cannot be exercised under Article 15(1)(ğ) of the Turkish Distance Contracts Regulation. Without this consent, the service begins after the withdrawal period. The start of performance (first meeting, first working session or first interim delivery) is recorded and notified to the consumer by e-mail.
8. Exceptions to the right of withdrawal
The exceptions listed in the Distance Contracts Regulation apply. Depending on the nature of the service, these may include services performed instantly in electronic form or intangible goods supplied instantly, and services whose performance begins with the consumer's consent before the withdrawal period ends.
9. Returns and refunds
Where the right of withdrawal is validly exercised, UÇAKHAN refunds the amounts collected within the period prescribed by law, using a method compatible with the payment instrument used by the consumer and without imposing any cost on the consumer. The Delivery, Cancellation & Refunds also apply to cancellations and refunds.
10. Defective services
The buyer's optional rights under mandatory consumer law regarding defective services remain reserved.
11. Delivery, acceptance and completed services
No refund is made for services that have been completed and delivered. If the consumer does not send a written, reasoned objection within 7 days of delivery, the delivery is deemed accepted; reported shortcomings are first remedied by correction. The consumer's mandatory statutory rights regarding defective services remain unaffected.
12. Customer cooperation and delays
The customer is responsible for providing the content, access and approvals needed to perform the service in time. Delays caused by the customer extend the schedule accordingly. If the required cooperation is not provided for 30 days, UÇAKHAN may complete the service by delivering the work done so far; the amount paid is then considered consideration for the work done and the meetings held.
13. Intellectual property and confidentiality
Usage rights to reports, roadmaps, designs and software prepared specifically for the customer pass to the customer once the price is paid in full. UÇAKHAN's pre-existing methods, tools, templates and general know-how remain with UÇAKHAN and may be used in other work. Each party protects the other's confidential information learned during the service.
14. Business purchases
The right of withdrawal does not apply to purchases made for commercial or professional purposes by customers who are not consumers; cancellation, refund and delivery terms are governed by these terms and any proposal or agreement.
15. Impossibility and force majeure
If performance of the ordered obligation becomes legally or factually impossible, the notification and refund obligations set out in consumer legislation apply. In cases of force majeure beyond the parties' control, the parties inform each other within a reasonable time.
16. Personal data
Personal data processed during the order and payment process is processed under the Privacy notice. Card data is not stored on UÇAKHAN's static website; card transactions are carried out by the payment infrastructure.
17. Records
Electronic records of the order, pre-contract information and agreement confirmations may be retained in accordance with applicable legislation. The buyer agrees that records and documents relating to the order may be sent to them electronically.
18. Dispute resolution
For consumer transactions, the Consumer Arbitration Committees and Consumer Courts are competent within the applicable monetary limits and jurisdiction rules. For commercial/business purchases by customers who are not consumers, the relevant contract and general law apply.
19. Effect
The agreement enters into force electronically when the buyer confirms, before ordering, that they have received the Pre-Contract Information electronically and have read and accepted this Distance Sales Agreement.