1. PARTIES
This contract has been signed between; ( ) residing at [.] (hereinafter referred to as “USER” in the contract) and Mada Sarj Teknolojileri Dıs Ticaret Limited Sirketi resident at 7-8-9-10.Ks. Mh. C.Ceşme E-5 Yan Yol Cd. Avrupa Kn. Rez. N8/1 D: 149 Bakırkoy/Istanbul (hereinafter referred to as the “SERVICE PROVIDER in the contract) within the framework of the terms and conditions stated below.
2. DEFINITIONS
For the application and interpretation of this contract, the terms written below shall express the written explanations next to them.
SERVICE: Renting a Power Bank Services,
SERVICE PROVIDER: Within the scope of commercial or professional activities company that will offer Powerbank to the consumer,
USER: A good or service commercial or Professional acquires, uses, or uses natural or legal person benefiting,
SITE: The application of the SERVICE PROVIDER named NTC POWER,
PARTIES: SERVICE PROVIDER and USER,
AGREEMENT: This contract concluded between the SERVICE PROVIDER and the USER,
GOODS: Powerbank rental to USER by SERVICE PROVIDER,
PERSONAL DATA: Any information relating to an identified or identifiable natural person,
DIRECT CONSENT: Consent on a specific subject, based on information and expressed with free will,
PROCESSING: Obtaining, recording, storing, preserving, changing, rearranging, disclosing, transferring, taking over, making available, classifying, or classifying Personal Data by fully or partially automatic or non-automatic means provided that it is a part of any data recording system. It means all kinds of operations performed on the data, such as preventing the use of data.
SPECIAL QUALIFIED PERSONAL DATA: It means the race, ethnic origin, political opinion, philosophical belief, religion, sect or other belief, dress and dress, association, foundation or union.
3. SUBJECT
The subject of this Agreement; is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of the Consumer and the Law No. 6098 Turkish Code of Obligations, regarding the rent and delivery of the powerbank which the USER has placed an order electronically on the website of the SERVICE PROVIDER. 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. SERVICE PROVIDER INFORMATION
Title: Mada Sarj Teknolojileri Dis Ticaret Limited Şirketi
Address: 7-8-9-10.Ks. Mh. C.Ceşme E-5 Yan Yol Cd. Avrupa Kn. Rez. N8/1 D: 149 Bakırkoy / Istanbul
5. USER INFORMATION
Name/Surname/Title:
Address :
Phone :
Fax :
E-Mail / Username:
6. RİGHTS AND OBLİGATİONS OF THE PARTİES
6.1. By accepting the Agreement, the USER agrees that he will comply with all kinds of statements made by the SERVICE PROVIDER regarding the use, membership and related information contained on the application and in accordance with these statements.
6.2. In order to benefit from the Services offered by the User’s SERVICE PROVIDER, the system access tools (User name, password, etc.b.) the USER is fully responsible for the security, storage, keeping away from the information of third parties and the considerations related to the use cases. Users accept, declare and undertake that SERVICE PROVIDER has no direct or indirect, civil, criminal, administrative responsibility for the damages suffered or suffered by Users and/or third parties due to all negligence and defects in matters such as security, storage, keeping away from the information of third parties and using the means of logging in to the system.
6.3. The USER, agreement that are written in all financial, technical and administrative fulfill its obligations under the contract and its annexes and, subsequently amended and additional provisions to be made unilaterally by the service provider, the USER will agree in advance that will abide all the rules and procedures.
6.4. The USER may not transfer his rights and obligations under the Contract, in whole or in part, to any third party without the written consent of the SERVICE PROVIDER.
6.5. All kinds of intellectual property rights belonging to the site (information contained on the site, images, brands, models, slogans and other signs, page layout, etc.) it is exclusively the property of SERVICE PROVIDER. The sending, distribution, sale of information and other other matters of an intellectual property nature presented on the Site, partially or completely copied, modified, published, used online or other media means, in a clear and precise manner, will be contrary to the law No. 6769 and will be subject to civil and criminal sanctions.
6.6. SERVICE PROVIDER may make changes and/or adaptations to the Services at any time to ensure that the USER can perform the work and operations defined in the Agreement more effectively. The rules and conditions regarding the USER is obliged to comply with in connection with these changes and/or adaptations made by SERVICE PROVIDER are announced to the USER from the Site.
6.7. The USER who violates one or more of the articles listed in this AGREEMENT is personally liable for criminal and civil liability for this violation and will keep the SERVICE PROVIDER free of the civil and criminal consequences of these violations. In addition, due to this violation, if the incident is transferred to the legal field, the SERVICE PROVIDER reserves the right to file a claim for compensation against the member for non-compliance with the AGREEMENT.
6.8. The service provided by the SERVICE PROVIDER is a service for renting the Powerbank to USERS. The Parties agree that the ownership of the Powerbank belongs to the SERVICE PROVIDER during the agreement.
6.9. The USER agrees that he will pay 350 TRY penalty if the Powerbank is not delivered by the USER later than 72 hours.
6.10. The fee to be paid within the scope of the rental relationship will be presented to the customer’s approval on the payment system. Powerbank rental fees can be changed unilaterally by the SERVICE PROVIDER based on increased economic parameters.
6.11. The SERVICE PROVIDER is obliged to deliver the Power Supply in working and good condition.
7. RIGHT OF WITHDRAWAL
7.1. In order to exercise the right of withdrawal, the SERVICE PROVIDING must be notified in writing by registered mail, fax or e-mail within 2 (two) hours from the order request. If this right is exercised;
a) the invoice of the Powerbank delivered to the person or the USER, (The invoice of the product to be returned) If it is corporate, it must be sent with the return invoice. Order returns whose invoices are issued on behalf of institutions cannot be completed unless a RETURN INVOICE is issued.)
b) Return form,
c) The box, packaging, standard accessories, if any, of the products to be returned must be delivered complete and undamaged.
d) The SERVICE PROVIDING is obliged to return the total price and the documents that put the USER under debt to the USER within 10 days at the latest from the receipt of the withdrawal notification and to receive a financial refund within 20 days.
e) If there is a decrease in the value of the goods due to the USER’s fault or if the return becomes impossible, the USER is obliged to compensate the SERVICE PROVIDING’s losses at the rate of his fault.
f) In case of falling below the campaign limit amount set by the SERVICE PROVIDING due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.
8. PROTECTION OF PERSONAL DATA
8.1. The SERVICE PROVIDING shall be liable to any Personal Data obtained within the scope of the implementation of this Agreement. They accept and undertake that they know its responsibilities in accordance with the Law on the Protection of Personal Data No. 6698 and the relevant legislation, and that they will act in accordance with their legal responsibilities. In this context, the USER accepts that they will read in detail all kinds of texts, documents and documents sent to them and in this context, if necessary, they will carry out all these transactions consciously if they give their explicit consent.
8.2. The SERVICE PROVIDING accepts, declares and undertakes that they will keep all kinds of Personal Data that are obliged to be transferred to it in an accurate and up-to-date manner by the USER within the scope of the Contract, and that their Personal Data can be processed exclusively for the purpose of transferring the Personal Data.
8.3. Unless the SERVICE PROVIDING obtains a valid Explicit Consent from the USER, they will not transfer the Personal Data of the USER to third parties in the country or abroad without the exceptional circumstances included in the Law on the Protection of Personal Data, The SERVICE PROVIDING accepts, declares and undertakes that it will delete and destroy the personal data records.
8.4. The SERVICE PROVIDING accepts, declares and undertakes to take the measures stipulated in the legislation in order to prevent unauthorized access to Personal Data and to prevent the use of Personal Data for purposes other than Processing. The SERVICE PROVIDING accepts, declares and undertakes that they will make every effort to prevent possible damages in case of any unauthorized access to the Personal Data or in case the Personal Data becomes accessible in any way in violation of this Agreement by third parties.
8.5. The SERVICE PROVIDING shall fulfill the data subject requests communicated to it indirectly by the USER or by other means.
8.6. The SERVICE PROVIDING and the USER declare and undertake to comply with all applicable regulations, procedures and principles regarding the protection of Personal Data, in particular the Personal Data Protection Law and the Personal Data Protection Board decisions, in terms of data processing. In the event that any change in Personal Data processing processes is required due to any change or update that may occur within the scope of the aforementioned regulations, the relevant party is obliged to complete the said change at the latest before the relevant new/updated regulation enters into force, and that the said regulation requires a change within the scope of this Agreement.
9. COMPETENT COURT
9.1. In disputes arising from the implementation and interpretation of the Agreement, the parties shall agree the competence of Consumer Arbitration Committees and Consumer Courts published by T.C. Ministry of Trade. They accept that in the place where the USER rent the goods or services and where the residence is located, will be authorized up to the value announced.
9.2. The SERVICE PROVIDING submits their applications regarding complaints and objections to the arbitral tribunal or the consumer court in the place where he/she purchases the goods or services or where he/she resides within the monetary limits determined by the Ministry of Trade in December every.