Last Updated: 31 October 2022
This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below.
Company Name: Curiosity Teknoloji Ticaret Limited Şirketi
Seller Mersis No: 0216139355600001
Seller Internet Address: https://www.zekai.co
Seller Address: KUŞTEPE MAH. MECIDIYEKOY ROAD CAD. TRUMP TOWER BLOCK NO: 12 INTERIOR DOOR NO: 221 SISLI / ISTANBUL
Seller Phone: 02167065040
By accepting this contract, the BUYER accepts in advance that if the subject of the contract approves the order, it will be under the obligation to pay the price of the order and the additional fees, if any, such as shipping fee and tax, and that it has been informed about it.
In the application and interpretation of this contract, the terms written below shall express the written explanations to them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law No. 6502 on the Protection of Consumers,
REGULATION: Regulation on Distance Contracts (RG:27.11.2014/29188)
SERVICE: The subject of any consumer transaction other than the supply of goods made or promised to be made in return for a fee or benefit,
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier,
BUYER: The natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
SITE: The website of the SELLER,
CUSTOMER: The natural or legal person who requests a good or service through the website of the SELLER,
PARTY: SELLER and BUYER,
CONTRACT: This agreement concluded between the SELLER and the BUYER,
Goods: It refers to the movable goods that are the subject of shopping and the software, sound, image and similar intangible goods prepared for use in the electronic environment.
This Agreement, regarding the sale and delivery of the product, whose qualities and sales price are stated below, which the BUYER has placed an order electronically on the website of the SELLER, pursuant to the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, regulates its obligations.
The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
4.1. The main features of the product are published on the website of the SELLER. If the campaign is organized by the seller, you can examine the basic features of the relevant product during the campaign. Valid until the campaign date.
4.2. The shipment of the purchased Product will start within 5 (five) business days following the order of the goods or services by the Buyer.
4.3. Product delivery costs belong to the SELLER unless there is a contrary provision.
4.4. The product is delivered to the e-mail address specified by the BUYER on the Website, together with its invoice.
5.1. The BUYER chooses the payment method for the PRODUCT from the payment screen on the Website.
5.3. In order for the BUYER to pay by credit card, it is necessary to enter the credit card information completely and completely in the relevant section. Payment can be made in a single payment by credit card. The BUYER will only be able to make the installments based on this purchase made with a credit card by contacting the bank. In installment transactions, the relevant provisions of the contract signed between the BUYER and the Bank are valid. By organizing campaigns, the Bank may apply a higher number of installments than the number of installments chosen by the BUYER, and may offer services such as deferring installments. Such campaigns are at the initiative of the Bank. The BUYER accepts that due to the fact that the forward sales are made only with the credit cards of the banks, he will confirm the relevant interest rates and the information about the default interest separately from the bank, and that the provisions regarding interest and default interest will be applied within the scope of the credit card agreement between the bank and the BUYER, in accordance with the provisions of the current legislation, declares and undertakes. Bank and financial institutions such as credit card, installment card, etc. The term/instalment payment opportunities provided by the issuing institutions are a loan and/or an installment payment opportunity provided directly by the mentioned institution; PRODUCT sales realized within this framework and for which the SELLER fully collects the price are not considered as installment sales for the parties of this contract, but are cash sales. The legal rights of the SELLER in cases deemed to be sales in installments by law (including the right to terminate the contract if any of the installments are not paid and/or demand the payment of the remaining debt together with the default interest) are available and reserved. Here, the default interest is subject to the provisions of the agreement between the Bank and the BUYER.
6.1. The BUYER reads the preliminary information about the basic characteristics, sales price and payment method of the product subject to the contract, and delivery on the SELLER's website, It accepts, declares and undertakes that it has information and gives the necessary confirmation in electronic environment. BUYER's; He/she accepts, declares and undertakes that he/she confirms the Preliminary Information in electronic environment, has obtained the address to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the basic features of the ordered products, the price of the products including taxes, payment and delivery information accurately and completely. .
6.2. Each product subject to the contract may be included in the preliminary information section of the website, depending on the distance of the BUYER's residence, provided that it does not exceed the legal period of 30 days. It is delivered to the person and/or organization at the address indicated by the BUYER or the BUYER within the specified period. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
6.3. The SELLER shall deliver the product subject to the contract completely, in accordance with the qualifications specified in the order, and with the information and documents required for the job, including warranty documents, user manuals, if any. To accept, declare and accept, to carry out the work in accordance with the principles of honesty and integrity, to protect and increase the service quality, to show the necessary care and attention during the performance of the work, to act with prudence and foresight, in accordance with the requirements of the legal legislation, free from all kinds of defects, and in accordance with the standards. commits.
6.4. The SELLER may supply a different product with equal quality and price, by informing the BUYER and by obtaining his explicit approval, before the contractual performance obligation expires. .
6.5. If the SELLER fails to fulfill its contractual obligations in case the fulfillment of the product or service subject to the order becomes impossible, it shall inform the consumer in writing within 3 days from the date of learning. agrees, declares and undertakes that it will notify the BUYER and that it will return the total price to the BUYER within 14 days.
6.6. The BUYER shall confirm this Agreement electronically for the delivery of the product subject to the Agreement, if for any reason the price of the product subject to the contract is not paid and/ It accepts, declares and undertakes that the SELLER's obligation to deliver the product subject to the contract will end if it is canceled or canceled in the bank records.
6.7. The BUYER, after the delivery of the product subject to the contract to the person and/or organization at the address indicated by the BUYER or the BUYER, is the unauthorized use of the BUYER's credit card. If the price of the product subject to the contract is not paid to the SELLER by the relevant bank or financial institution as a result of unfair use by the persons, the BUYER accepts, declares and undertakes that he will return the product subject to the contract to the SELLER within 3 days at the SELLER's expense.
6.8. The SELLER, due to force majeure situations such as the occurrence of unforeseen circumstances that prevent and/or delay the fulfillment of the parties' debts, which develop outside the will of the parties. accepts, declares and undertakes to notify the BUYER of the situation if the contractual product cannot be delivered within the period. The BUYER also has the right to request from the SELLER to cancel the order, replace the product subject to the contract with its precedent, if any, and/or delay the delivery period until the obstacle is removed. In case the order is canceled by the BUYER, the product amount is paid to him in cash and in full within 14 days in the payments made by the BUYER in cash. In the payments made by the BUYER by credit card, the product amount is returned to the relevant bank within 14 days after the order is canceled by the BUYER. The BUYER may take 2 to 3 weeks on average for the amount returned to the credit card by the SELLER to be reflected to the BUYER's account by the bank. accepts, declares and undertakes that it cannot be held responsible.
6.9. The address, e-mail address, fixed and mobile phone lines of the SELLER specified by the BUYER in the registration form on the site or updated later by him. and other contact information, has the right to reach the BUYER for communication, marketing, notification and other purposes by letter, e-mail, SMS, phone call and other means. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
6.10. The BUYER shall inspect the contracted goods/services before receiving them; dented, broken, torn packaging, etc. damaged and defective goods / services will not be received from the cargo company. The received goods/services shall be deemed to be undamaged and intact. The responsibility of carefully protecting the goods/services after delivery belongs to the BUYER. If the right of withdrawal is to be used, the goods/services should not be used. The invoice must be returned.
6.11. The BUYER and the credit card holder used during the order are not the same person or the security vulnerability regarding the credit card used in the order before the product is delivered to the BUYER In case of detection, the SELLER may request from the BUYER to submit the identity and contact information of the credit card holder, the statement of the previous month of the credit card used in the order or a letter from the bank of the card holder indicating that the credit card belongs to him. The order will be frozen until the BUYER provides the information/documents subject to the request, and if the aforementioned requests are not met within 24 hours, the SELLER has the right to cancel the order.
6.12. The BUYER, while subscribing to the website belonging to the SELLER, declares that the personal and other information provided by the SELLER is truthful and that the SELLER declares that this information is truthful. declares and undertakes that it will immediately, in cash and in advance, indemnify all damages to be incurred by the SELLER, upon the first notification of the SELLER.
6.13. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them when using the website of the SELLER. Otherwise, all legal and penal liabilities that may arise will bind the BUYER completely and exclusively.
6.14. The BUYER shall in no way violate the public order, contrary to public morals, disturb and harass the others, the SELLER's website, against the law. cannot use it for a contrary purpose, in a way that infringes the material and moral rights of others. In addition, the member cannot engage in activities (spam, virus, trojan horse, etc.) that prevent or make it difficult for others to use the services.
6.15. Owned and/or operated by third parties that are not under the control of the SELLER and/or through the website of the SELLER links to other websites and/or other content may be provided. These links are provided for the purpose of providing ease of orientation to the BUYER and do not support any website or the person who operates that site and do not constitute any guarantee for the information contained in the linked website.
6.16. The member who violates one or more of the articles listed in this contract is personally liable criminally and legally due to this violation, and he/she is not responsible for the SELLER. will keep these violations free of legal and criminal consequences. Moreover; In the event that the incident is referred to the legal field due to this violation, the SELLER reserves the right to claim compensation against the member due to non-compliance with the membership agreement.
7.1. In case the service subject to the contract is made available to the BUYER immediately and the license is obtained, the Customer by stating/not specifying any reason after the payment. cannot use the right of withdrawal.
7.2. Since it is a service/software that is immediately delivered to the Customer in electronic environment and can be utilized immediately, it is not refundable. Since the service will be started when the customer immediately starts to benefit from the software when he becomes a member, even if the BUYER is a consumer, the right of withdrawal cannot be exercised.
In cases where the Service is not provided immediately
In case the Buyer is a consumer within the scope of the Consumer Protection Law No. 6502 and the sale is within the scope of the said law;
The buyer can return the purchased goods/services within 14 (fourteen) days from the delivery date by using his right of withdrawal, without undertaking any legal or criminal liability and without giving any reason. However, the consumer may use the right of withdrawal within the period from the conclusion of the contract to the delivery of the goods.
Notification of the right of withdrawal and notifications regarding the Agreement will be sent through the communication channels specified on the Platform. In order to exercise the right of withdrawal, it is obligatory to notify the Seller within the period in accordance with the provisions of the legislation and the right of withdrawal option on the Platform.
The consumer can use the right of withdrawal by sending a signed request to the Buyer's address or fax number specified above and on the site, or by sending an e-mail from the e-mail address belonging to the membership account to the address of İletiş[email protected].
Confirmation information that the withdrawal requests submitted by ZekAI have been received by the consumers will be notified to the consumer's e-mail address registered in the system.
Cases where the right of withdrawal cannot be exercised:
In the contracts regarding the services performed instantly in the electronic environment and the intangible goods delivered immediately to the consumer, and the goods/services subject to the contract, which are excluded from the scope of application of the Regulation on Distance Contracts (the regular deliveries of the seller, the foodstuffs, beverages, which are delivered to the buyer's residence) or other daily consumption items and services in areas such as travel, accommodation, restaurant, entertainment sector) The right of withdrawal cannot be exercised because the provisions of the Regulation on Distance Contracts cannot be applied to the legal relationship between the Buyer and the Seller.
8.1. In the event that the sale is within the scope of the "Law on the Protection of the Consumer", the Consumer Arbitration Committees and Consumer Courts in the place where the Buyer purchased the Goods or Services and where he or she resides are authorized up to the value declared by the Ministry of Commerce. District/provincial consumer arbitration committees are authorized for consumer demands in line with the lower and upper limits specified in paragraph 1 of Article 68 of the Consumer Protection Law No. 6502.
8.1. In the event that the sale is not within the scope of the aforementioned law, the dispute is resolved in the Istanbul Central (Çağlayan) Court and Enforcement Offices assigned according to the general law rules.
The BUYER accepts, declares and undertakes that he will pay interest and be liable to the bank within the framework of the credit card agreement between the cardholder bank and the bank in case of default in the case of making the payment transactions by credit card. In this case, the relevant bank may take legal action; may claim the costs and attorney's fees to arise from the BUYER, and in any case, if the BUYER defaults due to its debt, the BUYER accepts, declares and undertakes that he will pay the damage and loss suffered by the SELLER due to the delayed performance of the debt.
When the BUYER makes the payment for the order placed on the Site, it is deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to obtain confirmation that this contract has been read and accepted by the BUYER on the site before the order is fulfilled.
SELLER: Curiosity Teknoloji Tic. Ltd. Sti.