updated on September 2, 2020
1. PARTIES
1.1 INFORMATION ABOUT THE SELLER
Company Title: ER-AS MUSIC ALETLERİ Tax Office: Şahinbey Tax Number: 0850058939 Address: Akyol neighborhood Tufan Hamam Sokak No: 2 / B K: 2 D: 48 34394 Şahinbey / Gaziantep Telephone: 0342 231 76 04 Web: www.erasaz.com
1.2. INFORMATION ABOUT THE BUYER
Recipient: The BUYER, who requests to become an Erasaz member by being a party to the Erasaz Online Membership Agreement, the e-mail address declared on the Online Membership Portal will be deemed the valid notification address for any notification to be made by Erasaz, and any notification to be made to the specified e-mail address knows that legally valid notification will have all legal consequences.
2. SUBJECT OF THE AGREEMENT
The subject of this Contract is the Erasaz Online Membership Agreement, Preliminary Information Form and the qualifications of the BUYER to the SELLER electronically via the www.Erasaz.com extension website, the application and all the applications connected to it ("Website"). and the determination of the mutual rights and obligations of the Parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer ("Law No. 6502") and the Regulation on Distance Contracts in relation to the provision and sale of the service ("Service"), whose sales price is specified.
3. SERVICE INFORMATION SUBJECT TO THE CONTRACT AND SALES PRICE
3.1. The qualifications, type, sales price and payment terms of the service subject to the contract are specified in the information below.
PRODUCT UNIT PRICE (TL) UNIT TOTAL (TL) PAYMENT TOTAL (INCLUDING VAT)
3.2. All Services offered by the SELLER will be subject to the provisions of distance contracts.
3.3. There is only one method by which the SELLER can pay the BUYER. In the event that the BUYER receives the Service on the Website, the infrastructure of iyzi Ödeme ve Elektronik Para Hizmetleri A.Ş. (“Iyzico”), payment will be made by entering credit card information through the online payment method.
Billing Information Name Surname: Address: Phone: E-Mail:
4. GENERAL CONDITIONS
4.1. The service will be performed on the Website or, in case of changes, on the website to be determined by the SELLER.
4.2. In order for the individual to purchase the product / service offered for sale by the company, it is obligatory to become a member of the website where the sales transactions will be made.
4.2.1. After the BUYER completes his order on the Website, he will be asked to enter his credit card information to pay him. After entering the credit card information, it will complete the transaction.
4.2.2. An information message will be sent to the e-mail address of the member whose contract has been approved without any problems and that the purchase request has reached the company.
4.2.3. If the product / service purchase is completed in full, the e-invoice or e-archive invoice for the product and service will be sent to the member's address specified in the contract within 30 working days at the latest.
4.3. The credit card payment date is determined by the terms of the contract between the bank and the BUYER. The BUYER can also follow up their payments from the account statement sent by the bank.
4.4. In the event that the BUYER goes into default in transactions made by credit card, the BUYER will pay interest and be liable to the bank within the framework of the credit card agreement made with the bank. In case the BUYER goes into default due to the debt, the BUYER agrees and undertakes to pay the damage and loss of the SELLER due to the delayed performance of the debt.
4.5. If the BUYER fails to pay the service fee ordered or the sales price of the selected product / service cannot be collected due to the absence of the required amount in the credit card account, the service will not be sold. The BUYER acknowledges, declares and undertakes that the time to process the order is not the moment when the order is placed, but the moment when the necessary collection is made from the credit card account, and if this collection cannot be made, the SELLER will not be obliged to provide any service.
4.6. If the BUYER has purchased the Service through the Website, it cannot be used or sold to third parties. The SELLER may allow persons whose personal information is given to the SELLER to use the Service in corporate sales where multiple access is permitted.
4.7. The SELLER may fulfill its contractual performance obligation based on a justified reason by offering a different service to the BUYER at equal quality and / or price.
4.8. The BUYER cannot transfer or assign its rights and membership arising from this Agreement and the Erasaz Online Membership Agreement to third parties.
4.9. The BUYER acknowledges, declares and undertakes that the training program purchased through the Website may be removed from the site by Erasaz and that Erasaz reserves the right to close the website and cannot make any request from the SELLER in such cases. Except for these situations, Erasaz provides yearly or unlimited access to purchased trainings.
4.10. The BUYER understands and accepts that the features of "Live Question & Answer with Instructor" and "Special comments for you" announced on the Website will not be applied for every training program. In addition, in terms of training programs where these features will be offered, the SELLER reserves the right to cancel these features depending on the instructor calendars. In this case, the BUYER accepts, declares and undertakes that the SELLER will not be responsible and will not make any demands from the SELLER.
4.11. The SELLER is not responsible for price and content errors arising from typesetting and system errors that may occur on the Website.
4.12. The BUYER shall be responsible for any personal interaction that may occur between the consultant providing the program in the training programs to be purchased through the Website until the completion of the program, the SELLER's responsibility is limited to following the completion of the training program, and the personal consultancy that can be experienced with the consultant agrees, declares and undertakes that the SELLER will not be responsible for disputes, disputes or similar negative situations.
4.13. The BUYER accepts that the purchased services must be paid with the selected payment tool before the delivery of the training program, otherwise the services will not be delivered to him.
4.14. The BUYER will be responsible for the accuracy of the card information provided during the online payment method.
4.15. In payments, if the card is used unlawfully by someone other than the holder, transactions are made in accordance with the provisions of the Bank Cards and Credit Cards Law and the Regulation on Bank Cards and Credit Cards. It is issued by the SELLER who receives the receipt / invoice / e-invoice order against the order.
5. BUYER'S DECLARATIONS AND COMMITMENTS
5.1. The BUYER acknowledges that all copyrights of the videos, presentations, images, texts and other educational materials included in the content of the product / service purchased belong to the SELLER and undertakes that they will not share their passwords and training content with others, copy or reproduce the contents without permission from the SELLER.
5.2. If it is determined that the BUYER has access to the product / service subject to the order from a large number of different IP addresses, the BUYER is warned by the company or its access to the product / service may be canceled. In this case, the fee paid is not refunded.
6. SELLER'S DECLARATIONS AND COMMITMENTS
6.1. The SELLER is obliged to present the product / service subject to the contract to the BUYER in accordance with the "Consumer Legislation", in full and in accordance with the qualifications specified in the order.
6.2. If the SELLER cannot offer the product / service subject to the contract to the BUYER due to force majeure or extraordinary circumstances, the SELLER is obliged to notify the BUYER as soon as possible.
6.3. If the BUYER achieves 80% or more in the "Certificate Test" conducted within the scope of training, it will be entitled to receive a certificate.
7. RIGHT OF WITHDRAWAL AND EXCEPTIONS
7.1. PURCHASER, in accordance with the Consumer Legislation, by approving this Contract, by sending an e-mail to the erasazbaglama@gmail.com address within 14 (fourteen) days from the date of purchasing the Service, withdraw from the contract and its membership, provided that the withdrawal notice is notified to the SELLER. has the right to cancel. In this case, the purchase will be returned to the BUYER within 14 (fourteen) days without any deduction.
7.2. If the service is initiated without the expiry of the 14 (fourteen) day withdrawal period, 15.1.h. of the Distance Contracts Regulation. Since it has the quality of "Exception of the Right of Withdrawal" in accordance with the Clause, if the service starts to be performed and the BUYER starts to watch the special video program purchased by the BUYER without the expiry of 14 (fourteen) days of withdrawal period, this situation is stated in the 15.1.h. Pursuant to the clause "Before the right of withdrawal expires, the BUYER will not be able to use the right of withdrawal with the start of the relevant private course program, since it will be evaluated within the scope of the contracts regarding the services started with the approval of the consumer".
8. FORCE MAJEURE
8.1. Natural disasters, war, mobilization, fire, explosion, strike, lockout, cancellation of authorization, stopping, decisions taken by official authorities and beyond the control of the company, which are determined by laws and in a manner and degree to cease the working opportunities of the company partially or permanently. situations are considered force majeure. In such cases, the company will not be responsible for not fulfilling its obligations or late fulfilling its obligations during the continuation of the force majeure. The Institution will immediately notify the member through written or other communication channels after the occurrence of force majeure.
9.RETURN PROCEDURE TO CREDIT CARD:
9.1 In cases where the BUYER exercises its right of withdrawal or the product subject to the order cannot be supplied for various reasons or the Arbitration Committee decides to return the price to the consumer, the credit card return procedure is as follows:
9.2. The BUYER requests a refund from the relevant page on the website.
9.3. The SELLER initiates the refund process through the iyzico payment system in order to pay the entire amount paid to the BUYER.
9.4. In the event of the return of goods and services purchased by card, the SELLER cannot pay the BUYER in cash in accordance with the contract made with iyzico.
9.5. In the event of a refund transaction, the SELLER will make the refund via the relevant software, and since the Member establishment, the SELLER, is obliged to pay the relevant amount to the Bank in cash or on account, the BUYER cannot be paid in cash in accordance with the procedure mentioned above. The refund process may take several business days to complete, depending on the speed of the bank.
9.6. The refund to the credit card will be made by the Bank in accordance with the above procedure, after the SELLER has paid the bank the amount at once through the online payment system provided by iyzico. The BUYER accepts and undertakes that he has read and accepted this procedure.
10. HALL OF DISPUTES
In the disputes arising from the implementation of this Agreement, the Consumer Problems Arbitration Committee or the Consumer Courts in the place where the BUYER purchases the service or is located within the monetary limits determined by the Ministry of Commerce.
11. ENFORCEMENT
11.1. With the acceptance and approval of this Agreement and the payment of the order placed on the website, the BUYER will be deemed to have accepted all the terms of this Agreement and this Agreement will enter into force.
11.2. BUYER, SELLER's name, title, full address, telephone and other access information, the basic characteristics of the service subject to the contract, the sales price including taxes, payment method, all preliminary information about the service subject to sale and the use of the "withdrawal" right and It is understood how to use it, the official authorities where they can submit their complaints and objections, and all the rights and obligations brought by the contract, that they are informed by the SELLER in accordance with the internet environment and the Law No. 6502, that they have accurate and complete information about these issues, that they have confirmed these preliminary information electronically and it accepts, declares and undertakes the service order afterwards.
11.3. The KVKK Disclosure Text and Confidentiality Agreement, Preliminary Information Form, Erasaz Online Membership Agreement and the invoice issued by the BUYER on the website www.Erasaz.com are integral parts of this Agreement.