Distance Selling Agreement

WEWALK SMART CANE

DISTANCE SELLING AGREEMENT

PLEASE, READ ALL THE PROVISIONS CAREFULLY. WHEN YOU ACCEPT THE AGREEMENT OVER THE INTERNET OR BY USING OUR SERVICES, THAT IS, WHEN YOU BECOME A BUYER WITHIN THE SCOPE OF THE DISTANCE SELLING AGREEMENT, YOU ARE DEEMED TO HAVE READ, EVALUATED AND FULLY UNDERSTOOD ALL ITS PROVISIONS AND YOU DECLARE, ACCEPT AND UNDERTAKE TO BE BOUND BY THEM AND TO PAY THE AGREED AMOUNT. IF YOU DO NOT WANT TO BUY THE PRODUCT AND DO NOT WANT TO PAY ACCORDINGLY, PLEASE DO NOT APPROVE THIS DISTANCE SELLING AGREEMENT. PROVIDED THAT YOU DO NOT APPROVE, NO PRODUCTS OR SERVICES WILL BE PROVIDED.

 

ARTICLE 1: PARTIES

1.1.     SELLER

Seller’s Name/Trade Name              : WEWALK LIMITED

Seller’s Registration Number         : 12387785 

Seller’s Phone Number                    : [*]

Seller’s E-Mail Address               : WeWork 33 Queen Street Floor:3, Office 3111, London, EC4R 1AP

1.1.         BUYER (YOU)

The person who purchases the product (“Product”) under this Distance Selling Agreement (“Agreement”) by using the website [*] (“Web Site”) of [*] (“Seller”) will be referred to as Buyer.

Buyer’ Name                                     : [*]

Buyer’s Address                                : [*]

Buyer’s Phone Number                    : [*]

Buyer’s E-Mail Address                   : [*]

Seller and the Buyer shall hereinafter collectively be referred to as the “Parties” and individually as the “Party”.

ARTICLE 2: SCOPE OF THE AGREEMENT

The scope of this Agreement is to set forth the terms and conditions for the Parties. The Parties accept and declare that they know and understand the provisions and responsibilities arising from this Agreement.

ARTICLE 3: MAIN QUALIFICATIONS AND PRICES OF GOODS AND SERVICES

3.1.     The prices listed and announced on the Website are sale prices. The announced prices and commitments are valid until the date of the update. The prices which are announced in specific terms are valid until the end of the specified period.

3.2.     Goods/services subject to the Agreement         : WeWALK Smart Cane SE

Total Product price exl. Shipping                     : [* USD]

Shipping fee                                                      : [XX TL]

Total price (incl. shipping, taxes etc.)            : [XX TL]

Payment Method and plan                                :  [*]

ARTICLE 4: TERMS AND CONDITIONS OF DELIVERY

4.1.     Seller hereby agrees to deliver the Product at the delivery address within 30 (thirty) business days following the order of goods and services by the Buyer.

4.2.     The Agreement shall enter into force upon electronic approval by the Buyer and shall be executed upon delivery of the purchased goods or services to the Buyer.

4.3.     Product shall be delivered to the address specified by the Buyer.

4.4.     Delivery Address: [*]

4.5.     Person/People to Take Delivery: []

4.6.     If the goods or services in question are to be delivered to a person other than the Buyer, the Seller shall not be held liable for the non-acceptance of the delivery. In this case, the Buyer shall make all the necessary applications at his own expense for the delivery of the goods or services.

ARTICLE 5: DELIVERY COST AND PERFORMANCE

5.1.     The delivery costs of the goods shall be borne by the Buyer unless provided otherwise. If the Seller declares on its Website that the delivery costs will be borne by them, delivery costs will be borne by the Seller.

5.2.     Delivery of the goods shall be made within the promised period after the payment has been realized. The Seller hereby agrees, declares and pledges to deliver the goods/services at the delivery address specified by the Buyer in this Agreement no later than 30 (thirty) days from the day of order. If the Product is not delivered to the Buyer within this period, the Buyer has the right to terminate the Agreement.

5.3.     In the event that the value of the goods/services is not paid or the payment is cancelled in the bank records for any reasons whatsoever, the Seller is deemed to be be relieved of their obligation to deliver the Product covered by this Agreement.

5.4.     The Buyer is responsible for the shipping cost in order cancellations made by the Buyer after the goods are shipped by the Seller but before the Buyer receives them.

5.5.     In the event that it is impossible for the ordered goods or services to be delivered, the Seller shall notify the Buyer within 3 (three) business days from the date on which the Seller had learned about this situation. The Seller shall then refund all payments, including the delivery costs, if any, to the Buyer within no more than 14 (fourteen) days from the date of notification.

ARTICLE 6: BUYER’S DECLARATIONS AND COMMITMENTS

6.1.     The Buyer agrees and undertakes to share the information required by the Seller on the Website in order to perform the service properly in accordance with this Agreement and declares that the information provided shall be complete and reflecting the truth. 

6.2.     By confirming this Agreement electronically, the Buyer confirms that he/she received accurate and complete information about the address, basic features of the ordered products including their tax-inclusive prices, delivery information as well as the right of withdrawal and its conditions.

6.3.     The Buyer may submit their requests and complaints using the Seller’s contact information and/or through My Account> Product Questions on the Website.

6.4.     The Buyer hereby agrees, declares and pledges that he/she has read the Preliminary Information Form stating the detailed information including the tax-inclusive sales prices of the Product or Products subject to this Contract as well as the Seller’s full trade name, full address, and contact information.

6.5.     The Buyer shall inspect the Product or Products covered by the Contract before taking their delivery and he/she shall not take delivery of any Product or Products which are damaged, broken or have torn packages or similar defects. The Buyer hereby agrees, declares and pledges that the Product or Products taken over from the courier have been delivered in a complete, damage free and sound condition.

6.6.     In case that the relevant bank or financing institution does not pay the Product’s price to the Seller following the Product’s delivery, because the Buyer’s credit card, banking card, debit card and ⁄ or other payment methods on the Website were used by unauthorized persons unjustly or unlawfully or because of any other reason, the Buyer is required to return the Product (if it was delivered) within 3 (three) days. In this case, the shipment expenses belong to the Buyer.

6.7.     The Buyer declares and undertakes that he/she will indemnify all damages incurred by the Seller due to any incorrect personal or other information provided by the Buyer on the Seller’s Website during registration as a member.

6.8.     The Buyer undertakes to use the received Product or Products in question in consideration of their sensitivity. The Buyer cannot claim compensation for any damage that may occur as a result of product misuse.

6.9.     The Buyer has been given the opportunity to inspect the Goods or to have it inspected and the Buyer has accepted the Goods in its existing condition. Inspection will be made by the Buyer at the time and Delivery Address. After accepting the Product following the inspection, the Buyer cannot claim any defects on the Product.

6.10.  Upon the approval of this Agreement, the Buyer accepts that the Seller can send to the Buyer any promotions, campaigns or notifications using telephone, call centers, fax, automatic dialing machines, smart voice recorder systems, electronic mail or short messages as well as any other content with data, sound or images forwarded to the Buyer electronically for commercial purposes.

 

ARTICLE 7: SELLER’S DECLARATIONS AND COMMITMENTS

7.1.     The Seller is responsible for delivering the goods or services under the Agreement to the Buyer in a sound manner in accordance with the Law, and the Product information specified in the order together with the warranty documents, user manuals, if any.

7.2.     In cases that the Seller is unable to deliver the goods/services covered by the Agreement in the prescribed time limit due to Force Majeure or or any other extraordinary circumstances, the Seller is obligated to inform the Buyer in 5 (five) days accordingly.

7.3.     The Seller agrees and declares to carry out the necessary return procedures in case that the notification of the right of withdrawal is made by the Buyer in accordance with this Agreement and the Law.

7.4.     The Seller sets forth the scope of the Product’s two-year domestic warranty in the Users guide. Accordingly, the Buyer shall forward to the Seller any related claims covered by the warranty, as specified in the user manual, and the Seller shall process these claims as soon as possible and contact the Buyer for examination of the Product.

ARTICLE 8: RIGHT OF WITHDRAWAL

8.1.     Buyer has the right of withdrawal for 14 (fourteen) days following the delivery of the Product subject to contract to him/her or to the person/organization in the address he/she specifies, without specifying any reason.  Buyer has the right of withdrawal until the delivery of the goods.

8.2.     Buyer may exercise his right of withdrawal from the “Return” link on My Account> Existing Order> My Orders on the Web Site. The box, packaging, bill, and standard accessories (if any) of the Product’s need to be returned to the Seller within 10 (Ten) days from the exercise of the right of withdrawal. Along with the goods, the invoice, the box, the packaging, the standard accessories, if any, and the other products gifted with the goods must be returned completely and undamaged. If the Buyer uses the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period, the Buyer is not responsible for any changes and deteriorations that occur.

8.3.     Detailed information on the exercise of the right of withdrawal is available on the https://test.wewalk.io/en/product/ page.

8.4.     As long as the Buyer sends the Product to be returned to Seller within the scope of the right of withdrawal to Seller with the contracted cargo company of Seller specified in the Preliminary Information Form, the return shipping fee belongs to Seller. If Seller sends the Product with a cargo company other than the contracted cargo company, Buyer is responsible for the return shipping cost and the damage to the Product during the cargo process.

8.5.     In case the right of withdrawal is exercised, Buyer is responsible to return the goods to Seller with the shipping company which is the contracted company of Seller within 14 days following the receiving of the request of right of withdrawal by the Seller.

8.6.     All payments made by the Buyer to the Seller for the relevant Product shall be refunded within 14 (fourteen) days from the Buyer’s use of the right of withdrawal, in accordance with the payment instrument used by the Buyer and without incurring any cost or obligation to the Buyer (provided that the Product is returned via the carrier specified by the Seller for return).

8.7.     If Buyer does not use the goods within the cancellation period in accordance with its operation rules, technical specifications and usage instructions, it is responsible for the changes and deteriorations that occur. Accordingly, the Buyer loses his/her right of withdrawal if there is any change or deterioration in the process up to the date of withdrawal due to failure to use the Product in accordance with the operating instructions, specifications and operation.

ARTICLE 9: RESOLUTION OF DISPUTES AND APPLICABLE LAW

The Buyer is able to submit complaints about the goods or services purchased directly from the Seller via the Web Site. After the complaint is communicated to the Seller, the Seller shall provide all possible support to resolve the issue.

The Parties accept and declare that Turkish Courts are authorized to resolve any disputes t arising from this Contract and the applicable law is Turkish law.

ARTICLE 10: DEFAULT AND LEGAL RESULTS

In the event that the Buyer is in default on his/her payment due to the transactions made with the credit card, the cardholder will pay interest and be liable to the bank within the framework of the credit card agreement made with the bank. In such a case, the relevant bank may apply for legal remedies and request the costs and proxy fees from the Buyer. However, if the Buyer is in default for any other reason, the Buyer shall be liable for any loss or damage incurred by the Seller due to the delayed performance on the Buyer’s side.

ARTICLE 11: NOTIFICATIONS AND EVIDENTIAL AGREEMENT

Any correspondence between the Parties under this Contract shall be made by My Account> Product Questions or by e-mail on the Website, except as required by the legislation.

The Buyer agrees that in case of any dispute arising from this Agreement, the official books and commercial records of the Seller, the electronic information and computer records kept in the Seller’s database and servers shall constitute binding, conclusive and exclusive evidence.

ARTICLE 12: EXECUTION

This Contract, which consists of 12 articles and 10 pages is hereby concluded by the Parties. The Parties hereby agrees, declares and undertakes that they have fully read, understood and accepted this Contract in its entirety. By approving this Contract via the specifically prepared platform of the Site, the Buyer is deemed to have agreed to it.

Approval date: [*]