Distance Sales Agreement

Distance Sales Agreement

This agreement governs the sale of the e-consultation service and sets out the legal rights and obligations of the parties.

1. Parties

This Agreement has been concluded between the parties identified below, under the terms and conditions set out herein.

Seller (SELLER)

Buyer (BUYER)

The person who purchases the Service through the website and/or mobile application belonging to the SELLER, and whose identity and contact details are stated on the order/appointment form. By accepting this Agreement, the BUYER acknowledges in advance that, upon confirming the service subject to the order, they will be under an obligation to pay the price thereof, and that they have been duly informed of this fact.

2. Definitions

In the application and interpretation of this Agreement, the terms below shall have the meanings set out opposite them.

• MINISTRY: The Ministry of Trade of the Republic of Türkiye,
• LAW: Law No. 6502 on the Protection of Consumers,
• REGULATION: The Regulation on Distance Contracts (Official Gazette: 27.11.2014 / No. 29188),
• SERVICE: The online examination / e-consultation service provided by the SELLER in return for a fee,
• SELLER: Serkan Oral, who provides the Service,
• BUYER: The natural person who acquires the Service for purposes that are outside their commercial or professional activity,
• PLATFORM: The website and mobile application belonging to the SELLER,
• PARTIES: The SELLER and the BUYER.

3. Subject Matter

This Agreement governs the rights and obligations of the parties, in accordance with the provisions of Law No. 6502 and the Regulation on Distance Contracts, in relation to the provision of the online examination / e-consultation service purchased electronically by the BUYER through the Platform, the characteristics and sale price of which are set out below. The Service is provided entirely in an electronic environment and does not involve the delivery of any physical product. The prices published on the website are the sale prices and remain valid until updated.

4. Service Covered by the Agreement and Its Price

The essential characteristics of the Service and its price including VAT are displayed on the appointment/order form and on the payment page. All prices published on the website are inclusive of VAT. Following payment, an e-invoice is issued to the BUYER and delivered electronically.

Service	Online examination / e-consultation appointment
Price	The amount displayed on the payment page (VAT included)
Method of payment	Credit / debit card (iyzico infrastructure)
Method of performance	Online consultation at the scheduled appointment date and time

5. Payment and the iyzico Payment Infrastructure

1. After completing the appointment/order, the BUYER makes the payment by entering their card details on the payment screen provided by iyzico. The BUYER is responsible for the accuracy of the card details.
2. The SELLER does not receive or store credit/debit card information from the BUYER in any manner during the sale; all information relating to payment instruments is held and processed by iyzico.
3. Payment transactions are protected by SSL encryption and the 3D Secure verification step.
4. Should the price of the Service fail to be collected for any reason, or be cancelled by the bank, the SELLER shall be deemed released from the obligation to provide the Service.

6. General Provisions

1. The BUYER accepts, declares and undertakes that they have read and understood the preliminary information concerning the essential characteristics of the Service, its sale price, the method of payment and its provision through the Platform, and that they have given the necessary confirmation in an electronic environment.
2. The SELLER accepts, declares and undertakes to provide the Service in compliance with applicable legislation, in accordance with the principles of accuracy and good faith, and with the requisite care and professional diligence.
3. Should the provision of the Service become impossible, the SELLER shall notify the BUYER in writing within 3 days of becoming aware of the situation and shall refund the amount collected within 14 days.
4. The BUYER declares and undertakes that the information provided during registration on the Platform is accurate, and that they shall compensate any damages arising otherwise upon the SELLER’s first notice.
5. The BUYER may not use the Platform in a manner contrary to law, public order or general morality; any civil and criminal liability arising otherwise rests exclusively with the BUYER.
6. Where the holder of the card used for the order is not the same person as the BUYER, or where a security vulnerability is identified in respect of the card, the SELLER may request additional identity documents or records; if such a request is not satisfied within 24 hours, the SELLER may cancel the order.

7. Provision of the Service and Its Duration

1. As the Service does not involve physical delivery, no shipping or delivery fee applies. The Service is provided by way of an online consultation on the date and at the time set for the appointment.
2. Any delay that may occur at the appointment time shall be communicated to the BUYER by the SELLER or by a person designated by the SELLER; where suitable, a new appointment time shall be arranged.
3. Where the BUYER is not present at the appointment time and has not given prior notice of cancellation or postponement, the Service may be deemed to have been provided.

8. Right of Withdrawal

1. In distance contracts concerning the provision of services, the withdrawal period is 14 (fourteen) days from the date on which the contract is concluded. Within this period, and provided that performance has not commenced, the BUYER may exercise the right of withdrawal without giving any reason.
2. The BUYER may submit a withdrawal or cancellation request through the SELLER’s telephone and e-mail contact channels set out above.
3. In the event of a valid withdrawal or cancellation, the price of the Service is refunded to the card used by the BUYER, through the iyzico payment system. Pursuant to its agreement with iyzico, the SELLER cannot issue refunds in cash; the refund is made to the card in accordance with banking procedures and may take several business days depending on the bank’s processing times.

9. Cases in Which the Right of Withdrawal Cannot Be Exercised

Pursuant to Article 15 of the Regulation, the right of withdrawal cannot be exercised in the following cases:

• Services whose performance has commenced with the BUYER’s consent before the expiry of the withdrawal period (the commencement of the online consultation at the appointment time falls within this scope),
• Services performed instantaneously in an electronic environment.

By accepting this Agreement, the BUYER acknowledges in advance that they have been informed that the right of withdrawal shall lapse once the provision of the Service commences at the appointment time.

10. Protection of Personal Data (KVKK)

1. The BUYER’s personal and health data are processed solely for the purpose of providing the Service, in accordance with Law No. 6698 on the Protection of Personal Data and the related legislation, and are not shared with third parties.
2. Health data constitute special categories of personal data and are processed on the basis of the BUYER’s explicit consent, with the necessary technical and administrative security measures applied.
3. For further details, the Privacy Notice applies. By approving this Agreement, the BUYER accepts that they have read that document.

11. Default and Its Legal Consequences

Should the BUYER fall into default in transactions carried out by credit card, they shall pay interest within the framework of the agreement between them and the issuing bank and shall be liable towards that bank. In such a case, the bank concerned may resort to legal remedies and may claim from the BUYER any resulting costs and attorney’s fees. The BUYER accepts to pay any loss and damage arising from the delayed performance of their obligation.

12. Competent Court

In disputes that may arise from this Agreement, the Consumer Arbitration Committees at the place where the BUYER purchased the service or at their place of residence shall have jurisdiction, within the monetary limits announced annually by the Ministry of Trade; for disputes exceeding these limits, the Consumer Courts shall have jurisdiction.

13. Entry into Force

Upon making payment for the order placed through the Platform, the BUYER shall be deemed to have accepted all the terms of this Agreement. This Agreement forms an integral whole together with the Preliminary Information Form and enters into force upon electronic approval.