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PARTIES

This Agreement has been signed between the following parties within the framework of the terms and conditions set forth below.
A. 'BUYER' ; (hereinafter referred to as "BUYER" in the contract)
B. 'SELLER' ; (hereinafter referred to as "SELLER" in the contract)
By accepting this contract, the buyer accepts in advance that if the subject of the contract approves the order, he will be under the obligation to pay the price of the order and the additional fees, if any, such as tax, and that he has been informed about this matter.

DEFINITIONS

In the application and interpretation of this contract, the terms written below shall express the written explanations against them.
MINISTER: Minister of Customs and Trade,
MINISTRY: Ministry of Customs and Trade,
LAW: Law on Consumer Protection No. 6502,
REGULATION: Distance Contracts Regulation (OG:2
014/29188)
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 Personal Trainer that offers workout sessions 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 workout sessions for non-professional purposes,
SITE: The website of the SELLER, ORDERING PERSON: The natural or legal person who requests a good or service through the PT Organizer app
PARTIES: SELLER and BUYER
AGREEMENT: This contract concluded between the SELLER and the BUYER WORKOUT SESSIONS: It refers to the workout sessions purchased by the buyer from the seller at an agreed rate and total price, which are added to the buyer’s account with the seller for future use.

SUBJECT

This Agreement regulates the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, regarding the sale and delivery of the product, the qualities and sales price of which are specified below, which the buyer has purchased electronically via the PT Organizer app from the seller. Prices are agreed between the seller and buyer upon request and are notified via the PT Organizer app interface. The buyer has no obligation to accept.

SELLER INFORMATION

Any Personal Trainer registered in the PT Organizer mobile application.

BUYER INFORMATION

Any client who is registered with a Personal Trainer registered via the PT Organizer mobile application.

CONTRACTUAL PRODUCT/PRODUCTS INFORMATION

The content of workout sessions are agreed between the buyer and seller. Workout sessions may include an expiry date, which will be notified to the buyer before purchasing.
Prices given by the seller state a breakdown of commission and fees payable, and are included in the final price presented to the buyer. Prices and promises are valid until they are updated and changed.
No other fees – e.g. shipping – are applicable.

GENERAL PROVISIONS

The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price, payment method and delivery of workout sessions, subject to the contract in place with the seller, and that he is informed and gives the necessary confirmation in the electronic environment. of the buyer: He/she accepts, declares and undertakes that he/she confirms the preliminary information in electronic format, has obtained the details to be given by the SELLER to the BUYER before the establishment of the distance sales contract, the expectations and price of workout sessions, including taxes and payment method accurately and completely.
Each workout session subject to the contract is provided to the person as agreed between the buyer and seller at a mutually agreed location, within the time (expiry) period specified in the purchase agreement. If the workout sessions cannot be delivered to the buyer within this period, the buyer reserves the right to terminate the contract.
The seller undertakes to deliver the workout sessions subject to the contract completely, in accordance with the requirements of the legal legislation, in accordance with the standards, and to perform the work within the principles of accuracy and honesty. It accepts, declares and undertakes to protect and increase the quality of service, to show the necessary care and attention during the performance of the workout sessions, to act with prudence and foresight.
The seller may vary the content and objectives of workout sessions, by informing the buyer and by obtaining its explicit approval, before the contractual performance obligation expires.
The seller accepts, declares and undertakes that if it becomes impossible to fulfill the workout sessions subject to the order, it will notify the buyer in writing within 3 days from the date of learning of this situation, and will return the total price to the buyer within 14 days.
The buyer accepts, declares and undertakes that he/she will confirm this Agreement electronically for the delivery of workout sessions subject to the contract, and that if the contract price is not paid for any reason and/or is cancelled in the bank records, the sellers obligation to deliver the contracted workout sessions will end.
After conducting workout sessions, subject to the contract to the person at the address indicated, or the buyer, as a result of the unfair use of the buyer’s credit card by unauthorized persons, if the price of the workout sessions subject to the contract is not paid to the seller by the relevant bank or financial institution. It accepts, declares and undertakes that it will return it to the seller within 3 days at the sellers expense.
seller accepts, declares and undertakes to notify the buyer if the workout sessions subject to the contract cannot be delivered in due time due to force majeure situations that develop beyond the will of the parties, are unpredictable and prevent and / or delay the fulfilment of the obligations of the parties. The buyer also has the right to demand from the seller the cancellation of the order, the replacement of the workout sessions subject to the contract with its precedent, if any, and/or the delay of the delivery period until the obstacle is removed. In case the order is cancelled by the buyer, the product amount is returned to the relevant bank within 14 days after the order is cancelled by the buyer.
The seller’s address, e-mail address, fixed and mobile phone lines and other contact information specified by the buyer via the registration form in the PT Organizer app, or updated later by him, via letter, e-mail, SMS, telephone call and other means, communication, marketing, notification and has the right to reach the buyer for other purposes. By accepting this contract, the buyer accepts and declares that the seller may engage in the above-mentioned communication activities.
If the buyer and the credit card holder used during the order are not the same person, or if a security vulnerability is detected regarding the credit card used in the order before the product is delivered to the buyer, the seller shall provide 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 request the buyer to submit a letter from the bank of the card holder stating 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 demands are not met within 24 hours, the seller has the right to cancel the purchase.
The buyer declares and undertakes that the personal and other information provided while registering to the app are true, and that the seller will immediately indemnify all damages, in cash and in advance, upon the first notification of the seller, due to the falseness of this information.
The buyer accepts and undertakes in advance to comply with the provisions of the legal regulations and not to violate them while using the PT Organizer app. Otherwise, all legal and penal liabilities to arise will bind the buyer completely and exclusively.
The buyer may not use the PT Organizer app in any way that disrupts public order, violates general morality, disturbs and harass others, for an unlawful purpose, and infringes on 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.
Links to other websites and/or other content that are not under the control of the seller and/or owned and/or operated by other third parties may be given over the website of the seller. These links are provided for the purpose of facilitating the redirection of the buyer and do not support any website or the person operating that site and do not constitute any guarantee for the information contained in the linked website.
The member who violates one or more of the articles listed in this contract will be personally and criminally responsible for this violation and will keep the seller free from the legal and penal consequences of these violations. Also; 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.

RIGHT OF WITHDRAWAL

Buyer: In the event that the distance contract is related to the sale of goods, the product itself or the person / organization at the address indicated, within 14 (fourteen) days from the date of purchase, on the condition of notifying the seller, he can use his right to withdraw from the contract by rejecting the workout sessions without taking any legal or criminal responsibility and without giving any reason. In distance contracts related to service provision, this period starts from the date of signing the contract. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in service contracts where the performance of the service has started with the approval of the consumer. The costs arising from the use of the right of withdrawal belong to the seller. By accepting this contract, the buyer accepts in advance that he has been informed about the right of withdrawal.
In order to exercise the right of withdrawal, a written notification must be given to the seller by registered mail, fax or e-mail within 14 (fourteen) days and the workout sessions must not be used within the framework of the provisions of the "Products for which the Right of Withdrawal cannot be exercised" regulated in this contract. If this right is exercised,
a) The invoice of the workout sessions purchased by the buyer
b) Return form
c) The seller is obliged to return the total price to the buyer within 10 days at the latest from the receipt of the withdrawal notification
d) If there is a decrease in the value of the workout sessions due to a fault of the buyer or if the return becomes impossible, the buyer is obliged to compensate the damages of the seller at the rate of the buyer’s fault. However, the buyer is not responsible for the changes and deteriorations that occur due to the proper use of the goods or products within the period of the right of withdrawal.
e) In case of falling below the campaign limit amount set by the seller due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign is cancelled.

CASE OF DEFERRED AND LEGAL CONSEQUENCES

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 with a 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.

COMPETENT COURT

Complaints and objections in disputes arising from this contract, consumer problems in the place of residence of the consumer or where the consumer transaction is made, within the monetary limits specified in the law below, will be made to the arbitral tribunal or the consumer court. Information on the monetary limit is below:
Effective from 28/05/2014:
a) District consumer arbitration committees in disputes whose value is less than 2,000,00 (two thousand) TL, pursuant to Article 68 of the Law No. 6502 on the Protection of Consumers,
b) Provincial consumer arbitration committees in disputes with a value less than 3,000,00 (three thousand) TL,
c) In the provinces with metropolitan status, applications are made to the provincial consumer arbitration committees in disputes with a value between 2,000,00 (two thousand) TL and 3,000,00 (three thousand) TL.
This Agreement is made for commercial purposes.

ENFORCEMENT

When the BUYER makes the payment for the order placed via the PT Organizer app, 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.