Delivery And Return
Distance Selling Agreement
Our company,WEBSTERN.NET SOFTWARE, DESIGN, DIGITAL CONSULTANCY, provides all services at ELMALIKENT MAH. GÜLTEN SK. VELİOĞLU A.KENT C1 BLOK NO: 4 B İÇ KAPI NO: 22 ÜMRANİYE/ İSTANBUL and is responsible for collecting and protecting personal data for various purposes.
Our company may collect personal data for various purposes. Below, the way in which personal data is collected and how it is protected is specified.
Personal information (such as name and surname, company information, phone, address or email addresses) about customers is collected by our company as necessary for the nature of the business through various forms and surveys on our website or orders.
During the approval process carried out through the website or email, personal information sent electronically to our store by our members will not be disclosed to third parties beyond the scope and purposes determined by the “User Agreement” made with our members.
In order to quickly solve problems related to the system and possible problems or disputes arising from the service provided, our company records and uses the IP addresses of our members. IP addresses can also be used to generally identify users and collect comprehensive demographic information.
The personal information you provide to our company can also be used to contact the user when necessary.
Our company undertakes to keep confidential information strictly private and confidential, to consider it a duty to keep secrets, and to take all necessary measures and show due care to ensure the confidentiality is maintained, to prevent the entire or any part of the confidential information from entering the public domain or unauthorized use or disclosure to third parties.
CREDIT CARD SECURITY
Our company prioritizes the security of credit card holders who make purchases on our shopping sites. Credit card information is not stored in our system in any way.
When you enter the process, there are two things you need to pay attention to in order to understand that you are on a secure site. One of them is a key or lock icon at the bottom of your browser. This indicates that you are on a secure internet page and all your information is protected with encryption. This information is used only in the sales process and in accordance with the instructions you have given. Credit card information used during shopping is sent to the relevant bank for query and encryption with 128 bit SSL (Secure Sockets Layer) protocol independently of our shopping sites. If the card’s availability is approved, shopping continues. Since no information about the card can be displayed or recorded by us, any attempt by third parties to seize this information is prevented.
The reliability of payment/invoice/delivery address information for orders given by credit card online is controlled by our company against Credit Card Fraud. Therefore, in order for the first-time customers who order from our shopping sites to be able to proceed to the supply and delivery stage, it is necessary to confirm the accuracy of financial and address/telephone information first. If necessary, contact is made with the credit card holder customer or the relevant bank for control of this information.
All the information you give during the order can only be accessed and changed by you. If you keep your information safe, it is impossible for others to access and change this information about you. For this purpose, your transactions are carried out within the SSL security area. This system is an unbreakable international encryption standard.
Internet shopping sites with customer service or a hotline, and which have open address and telephone information, are more preferred nowadays. With this, you can get detailed information about all the issues you have in mind, and gain more reliable information on the reliability of the company providing the online shopping service. Note: We recommend paying attention to the presence of the company’s open address and telephone number on online shopping sites. If you are going to shop, make sure to note all the telephone/address information of the store where you are buying the product before making the purchase. If you do not trust, make sure to confirm by calling before shopping. All of our online shopping sites contain all information about our company and the location of the company is specified.
THIRD-PARTY WEBSITES AND APPLICATIONS
1. Complying with legal obligations imposed by laws, regulations, or other competent legal authorities;
2. To fulfill the requirements of contracts the company has with users and to implement them;
3. To provide information in response to a lawful request by an administrative or judicial authority during an investigation or inquiry conducted in accordance with the rules;
4. When it is necessary to disclose information to protect the rights or security of users.
Do not include your credit card number or passwords in any e-mails you send to our customer service regarding any of your orders. The information in the e-mails can be seen by third parties. Our company cannot guarantee the security of the information transmitted through your e-mails under any circumstances.
Our company may obtain information about the users who visit our store and the use of our website through the use of a technical communication file (Cookie). The technical communication files referred to are small text files that are sent to the user’s browser by an internet site to be stored in main memory. The technical communication file facilitates the use of the Internet by keeping track of the status and preferences of the site.
The technical communication file helps to obtain and use statistical information about how many people visit the site, how many times and for what purpose, and how long they stay on the site. It also helps to produce dynamic ads and content from user pages tailored to users. The technical communication file is not designed to collect data or any other personal information from your main memory or e-mail. Most browsers are designed to accept technical communication files as a default, but users can change the settings to prevent the arrival of technical communication files or to receive a warning when they are sent.
Company Name: WEBSTERN.NET SOFTWARE, DESIGN, DIGITAL CONSULTANCY
Address: ELMALIKENT MAH. GÜLTEN SK. VELİOĞLU A.KENT C1 BLOK
NO: 4 B İÇ KAPI NO: 22 ÜMRANİYE/ ISTANBUL
E-mail: [email protected]
Delivery And Return
Article 1. PARTIES
Title : WEBSTERN.NET YAZILIM, TASARIM, DİJİTAL DANIŞMANLIK (Referred to as Webstern)
Address : ELMALIKENT MAH. GÜLTEN SK. VELİOĞLU A.KENT C1 BLOCK NO: 4 B INNER DOOR NO: 22 ÜMRANİYE/ ISTANBUL
Individual or legal person who makes a purchase through www.webstern.net using credit card/bank card, transfer/eft and other payment methods specified (Referred to as Customer)
1.2. The parties hereby declare, accept, and undertake the accuracy of the information written in this agreement.
Article 2. SUBJECT OF AGREEMENT
2.1. This agreement regulates the opportunities provided by Webstern for the Customer to use any or a few of the Domain Name (Internet address), Web Site Design/Software, Hosting, Social Media Content Production, Digital Marketing, Graphic Design services, as well as the obligations and rights of the parties, in line with the purchase made by the Customer through www.webstern.net. The explanations of these services are as follows:
2.2. Domain Name: Reserving the Internet address that will be taken or already taken by the Customer in the name of Webstern, in accordance with the request and preference of the Customer, in order for it to be used by the Customer.
2.3. Web Site Design: Designing and placing the software and visual design of the Internet Site in a functional way under the preferred address, in accordance with the request and preference of the Customer.
2.4. Hosting: The process of hosting the Internet site, prepared by Webstern or previously prepared by someone else, on the Internet-available computers of a Hosting Company to be selected by Webstern.
2.5. Social Media Content Production: The process of creating and publishing written, visual, or video contents on social media platforms (e.g. Facebook, Instagram, Twitter) in accordance with the requests and target audience of the Customer.
2.6. Graphic Design: The process of designing and creating visual materials (e.g. logos, brochures, posters) in accordance with the needs and purposes of the Customer.
2.7. Digital Marketing: The process of promoting and advertising products or services of the Customer through digital channels, such as search engines, social media, email marketing, etc.
2.8. Any changes, additions or updates to the site structure requested by the customer after the site delivery are not included in the agreement.
2.9. Webstern reserves the right to add a text, logo or link to its own site on the website prepared at the request of the customer.
2.10. In the construction of websites, Webstern prepares drafts and publishes them on the www.webstern.net website for the customer. Unless otherwise stated, the customer must approve or request changes within 7 days of being notified by email that the design has been opened for review (this period is added to the delivery time). The necessary documents for Webstern to perform the subject of the agreement must be delivered by the customer within 7 days. The photographs used in the documents to be delivered must be marked and the texts must be prepared clearly indicating in which section of the website they will be placed, that is, in which category they belong. For the delivery of these documents, Webstern requests confirmation by email and takes all the documents at the customer’s address at once with the paid courier or with its own staff. The photographs specified in the documents provided by the customer are scanned by Webstern for use on the website. There may be a decrease in photograph quality during the scanning process or a satisfactory photograph may not be obtained depending on the quality of the original. Webstern is not responsible for this situation. The customer is responsible for the content and/or copyrights of any documents provided by or permitted for use by the customer.
2.11. The customer may not request or use the products purchased from Webstern for the design and/or hosting of pornographic or illegal websites, graphic design and social media content. The customer may request a maximum of 3 times for Webstern to completely change the design and content. If approval is not obtained in 3 designs, the agreement between the customer and Webstern will be terminated. In this case, if the entire fee has been collected, 50% will be refunded. If 50% has been collected, no refund will be made and Webstern will not claim the remaining 50%. The service will be stopped. In hosting services and software/web applications and content/graphic designs offered with membership systems, the purchase price will not be refunded. That is, the monthly/yearly purchased jobs will not be refunded for the month/year in which they are located.
2.12. The customer may request the control panel password from Webstern at any time to manage the server on which the web pages are hosted, and can change this password. However, if access to the file system is provided by the customer, there is a risk of accidentally deleting or damaging files or email accounts and this is outside the responsibility of Webstern. In such a case, if the deleted files are server files, the customer’s account must be recreated and is subject to a fee.
2.13. Webstern uploads, updates and stores the backup of the file system of the website to its own systems at certain intervals from the date the website went live for 1 year. The customer-caused malfunctions mentioned in 2.9 can be resolved with these backups, but the customer must immediately inform Webstern. If requested, it will be reloaded to the server for a fee of 15 USD.
2.14. The files archived by Webstern are page codes. The codes of dynamic pages are stored, but the content is not. For example, the database content, files where information sent to the site is stored, lists of those with access rights to encrypted pages, or email distribution lists.
2.15. The responsibility of Webstern will cease if the agreement is not renewed or terminated after 1 year or if the customer moves the website to another server.
2.16. When Webstern receives a request to reload a website for which its responsibility continues, the customer must document that they have the right to make this request, meaning they are the owner or authorized representative of the website.
2.17. During the process of restoring the website, the information and files are under the guarantee of Webstern, and will not be shared with any third party.
Article 3. TERM OF AGREEMENT
3.1. This agreement begins with the purchase of the specified rights and obligations of the parties.
3.2. The term of the agreement is 1 year.
3.3. If the customer does not notify Webstern 2 months prior to the expiration of the agreement that the agreement will expire at the end of the term, the agreement will be extended for an additional 1 year under the same conditions for the services of Domain Name Registration (Article 2.2) and Hosting (Article 2.4).
Article 4. FEE
4.1. The fee for the services specified in this agreement is calculated on www.webstern.net and clearly stated on the purchase screen.
4.2. Webstern reserves the right to change the fee and tariffs without prior notice and prospectively. The customer acknowledges, accepts and agrees to this change of authority and any changes.
4.3. The customer is obliged to pay 50% of the fee within 7 days following the date of the contract through credit/bank cards in cash or in instalments, the remaining fee within 7 days following the date of invoice issuance by bank transfer / EFT to Webstern.
5.1. The customer acknowledges that they are responsible for all taxes, duties and similar obligations arising from the use of Domain Name Registration and Hosting and other services received from Webstern and that they undertake to pay them.
5.2. The customer is fully responsible for the content of the Internet site that will be published in the area assigned by Webstern. The customer undertakes to bear any legal and criminal liability arising from the illegality of the data, sound, image, and all types of data on the said site. In this regard, Webstern shall not be held liable.
5.3. Webstern’s delivery obligation begins 30 days after the documents to be placed on the website are delivered by the customer.
Article 6. SUSPENSION OF THE AGREEMENT
6.1. In case the service fees are not paid in full and on time according to the chosen payment method, all services provided to the Customer will be suspended.
Article 7. RIGHT OF TERMINATION AND COMPENSATION
7.1. If the Customer breaches any provision of this agreement and fails to fulfill its obligations and commitments, or if it is determined that the information provided by the Customer on the www.webstern.net website is not true, in the event that the suspension of the agreement as specified in Article 6 continues for more than 15 days, Webstern shall have the right to terminate the agreement unilaterally without any notice or warning.
7.2. In such case of termination, the Customer shall not be entitled to request a refund for the last contract fee paid, and shall accept to pay a commercial penalty of three times the contract fee in force at the date of termination.
7.3. The Customer shall have the right to terminate this agreement one month before the normal expiry date without giving any reason, provided that it gives written notice.
Article 8. ADDRESS FOR NOTIFICATION AND ELECTRONIC MAIL
8.1. Both parties accept, declare and undertake that the postal and electronic mail addresses that they have specified on www.webstern.net will be considered as their legal residence for any kind of notification related to this contract.
8.2. All notifications made to these addresses will be considered as delivered even if they do not reach the parties. These addresses will remain valid unless changes are notified in writing.
8.3. Webstern can send messages, information, letters, notifications of payment, account movement charts, and account statements to the electronic mail address assigned to the customer during the contract period. The customer cannot claim that he has not received or has not been informed of these messages. These messages will be considered as legally notified one day after they are sent.
8.4. Webstern may also notify the customers by phone, fax and courier if requested to do so.
Article 9. VALIDITY OF RECORDS
9.1. The customer declares, accepts and undertakes that in case of any disputes arising from this contract, the records and computer records of Webstern, the electronic mails and similar messages sent by Webstern and the records stored on Webstern’s computers in the Internet environment will be valid, binding, final and prior evidence according to the Article 287 of the Code of Civil Procedure and that this article will act as an evidence contract and he waives his right to object and to claim that these records are not in compliance with the law and that they are not kept properly.
Article 10. CUSTOMER’S DEFAULT IN PAYING DEBT
10.1. If the customer fails to pay the service fees as specified in Article 4.4 of this agreement, the customer shall be considered in default. In this case, Webstern may issue a currency difference invoice, or request a monthly interest rate of 10% from the invoice date. The customer agrees to pay the interest or currency difference invoice, acknowledge, accept and undertake.
10.2. If Webstern takes legal action or enforcement proceedings for any claims arising from this agreement, the customer shall pay a monthly interest rate of 10%, a penal clause of 50% of the balance, a lawyer’s fee of 10% and all other legal expenses.
10.3. If Webstern applies to legal authorities for precautionary attachments or measures for the collection of claims arising from this agreement, Webstern shall have the authority to obtain an attachment or measure without security, but in the event that a court requires security, the customer shall bear the commission and all other expenses arising from the bank guarantee letters, and shall not object to these matters.
Article 11. COMPETENT COURTS AND EXECUTIVE OFFICES
11.1. This agreement has been read and approved by the customer as a distance selling agreement with 11 sub-articles.
11.2. In the event of any disputes arising from the implementation of this agreement, the Istanbul Courts and Execution Offices shall be competent.
Distance Selling Agreement
a.1 Detailed information regarding delivery is as stated in the Distance Sales Agreement.
a.2 Webstern’s delivery responsibility begins from the moment the documents to be placed on the internet site are handed over to the customer by the customer and it will take at least 1 and at most 30 days depending on the size of the product.
2. Cancellation and Return Conditions
a. Our customers have the right to cancel and return their purchased services within 7 days without providing any reason.
b. The customer is obliged to inform Webstern of this situation.
c.1 If the services and products requested by the customer have not yet been started, the payment made by the customer will be fully refunded.
c.2 A customer’s request for cancellation and the payment made by the customer will be fully refunded in case the customer’s discussions with Webstern, explanations of the desired design and software, and decisions about these are not considered as the start of the work.
d.1 However, if an agreement has been reached with the customer on the subject of the work to be carried out by Webstern and the work has been started, the refund situation will change. These situations are described as follows;
d.2 Webstern pays for services offered to customers for free (such as domain name, server, licenses, and some installation processes). If the customer has received these services and agrees to start the work, and then wants to cancel, the completion rate of the service is important.
d.3 If the completion rate of the service is less than 50%, the amounts spent by Webstern will be deducted and refunded to the customer.
d.4 If the completion rate of the service is more than 50%, 50% of the fee will be refunded to the customer.
3. Rights and Guarantees
All obligations, rights and guarantee status are as stated in the Distance Sales Agreement.
4. Refund and Cancellation Request Repayment Status
a.1 Refunds will be made using the payment method used at the time of purchase.
a.2 Credit Card/Bank Card payments will be refunded within 7 days.
a.3 Banks’ refund policies may vary. The reflection of the refund on your account will depend on the bank’s process after Webstern has made the refund.
a.4 Payments made via bank transfer/EFT will be refunded in the same way within 7 days.