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SELLER                      :
Business Name   : Rubiga Tasarim ve Uygulama Tic. Ltd. Şti.
Address                    : Nispetiye caddesi Hisarüstü Mezarlık sk. No7 Daire 12 Rumelihisarı mah. Sarıyer – İstanbul
Telephone Number     : +90 553 057 07 07
Electronic MailAddress                   : hello@rubiga.co
Mersis                   :  
BUYER                      :
Name/Surname/
Business Name:		  
Telephone Number                  :  
Electronic Mail Address                    :  
  1. SUBJECT OF THE CONTRACT, TECHNICAL CHARACTERISTICS OF THE PURCHASED PRODUCT UNDER THE CONTRACT AND PAYMENT
    • 1. The subject of this Contract is to establish the rights and obligations of the Parties under the provisions of the Law and Regulation in relation with placing an electronic order by the BUYER through the website of the SELLER ‘’‘www.rubiga.co’’ (Hereinafter referred to as “Website”) or the associated application and the sale and delivery to the BUYER of the products with characteristics indicated in the contract.
    • 2. Basic characteristics of the purchased product (type and contents) are published at the website of the SELLER. The full amount of the products sold, including VAT are clearly shown in the page where you purchase the products.
    • 3. Selling price of the product, which you are about to purchase under this Distance Sale Contract, including all taxes is indicated below.
Name of Product Quantity Unit Price Total Amount (Including VAT)
       
  • 4. Type, kind, quantity and selling price of the Product are as indicated above and this information was also approved by the BUYER.

Date of Order: …………..

Method of Payment: ……………..

Total Amount of Order: ……. TRY (Including VAT)

  • 5. SELLER collects the payments of products sold through intermediary organization (iyzico – https://www.iyzico.com/). Depending upon the choice of the BUYER, the price of the product can be paid via credit card, debit card and the balance available in the relevant website to the extent permitted by the intermediary organization. If credit card or debit card is chosen, the payment takes places directly through the bank system or intermediary organization’s payment system according to the credit card or debit card information provided by you, and SELLER does not save any credit card or debit card information in the website. Therefore, SELLER is not responsible for the theft of your card information or for any damage that might be suffered by the BUYER.
  • 6. If the payment is made by Credit Card, the number of installments might be different according to the options offered by the relevant intermediary organization (iyzico – https://www.iyzico.com/) and your bank. You can contact your bank or intermediary organization about the campaigns related to payment types.
  1. INVOICE DETAILS

BUYER  :

Name/Surname/ Business Name:

Turkish ID/ Tax ID Number:

Address:

  1. EXECUTION OF CONTRACT, DELIVERY AND RETURN
    • 1. Date of signing of the contract is deemed as the moment when the BUYER makes payment upon agreeing with the Pre-Information Form and this Distance Sale Contract, which the BUYER has read and understood before signing this contract, by ticking the boxes available in the purchasing page.
    • 2. If the purchased product is a physical product to be delivered such as printed magazine, textile and similar items, the cargo charge and other delivery details are provided below.

Name of Recipient: …..

Delivery Address: ………

Cargo Charge: …… TRY

  • 3. In case the purchased product is a physical product to be delivered; upon the payment of the price of the product,SELLER is obliged to deliver it to the address of BUYER within maximum 30 (thirty) days following the receipt of the order by the SELLER. Cargo charge will be paid by the BUYER and the amount of cargo charge is indicated in the Article 4.2 of this contract. Upon the delivery of the product to the contracted cargo company, SELLER may not be held responsible for late receipt or non-receipt by the BUYER of the product as a result of the return of the product due to non-availability of any person at the address or due to delivery to a different person.
  • 4. If the purchased product is an e-magazine to be delivered digitally, no cargo charge is applied. Upon the payment of the fee by BUYER; SELLER will identify the e-magazine in the membership account of BUYER in the Website within maximum 30 (thirty) days and enable BUYER to view and use the e-magazine through the web browser or application. Delivery is deemed to take place upon the identification by SELLER of the e-magazine in the relevant membership account.
  • 5. BUYER hereby agrees and undertakes in relation with the sale of E-magazine that all personal and other information provided by it at the time of registration to the website of SELLER and at the time of placing an order is accurate, and SELLER will, at the time of delivery, activate the product in the relevant membership account based on such information, deliver the product to the relevant address and SELLER will not be responsible for the re-delivery of the product due to the wrong information provided by BUYER.
  • 6. In case BUYER exercises its right of withdrawal or it is required to refund the payment to BUYER due to the failure to deliver the ordered product for various reasons; the payment will be refunded according to method of payment used at the time of purchasing.
  1. GENERAL PROVISIONS
    • 1. BUYER hereby agrees, declares and undertakes that it has read and has been informed about the preliminary information regarding the basic characteristics, selling price, payment method and delivery of the product(s) offered for sale at the website of SELLER https://www.rubiga.co and has purchased the product(s) by sending the necessary confirmation electronically. Upon reading andelectronically confirming the Pre-Information Form by BUYER prior to concluding distance sale contract, BUYER hereby agrees, declares and undertakes that SELLER has provided BUYER with information about “method of provision of product(s)/sale service, basic characteristics of the ordered products, price of the products including taxes, payment and delivery information’’ in an accurate and complete way.
    • 2. For the delivery of the product(s) covered by distance sale contract; it is mandatory to make the payment according to the method of payment chosen by BUYER. If payment is not made for any reasons or is cancelled in bank records, SELLER is released from the liability to deliver the product in terms of un-delivered product and digital contents. In case of non-payment of the selling price of the delivered products, SELLER reserves its right to claim interest and expenses.
    • 3. The rights and obligations gained under this contract are the rights and obligations which belong to BUYER and which may not be transferred to any third parties in part or in full. As the use of the same membership by multiple individuals might result in violation of rights and security, do not share your membership password/code with anyone else. The Parties hereby agree, declare and undertake that if this situation is found out by SELLER, it is entitled to cancel the membership of BUYER without specifying any reasons. SELLER is not responsible for any damages and losses that might occur in this regard. SELLER might reject the membership application made by BUYER whose membership has been previously terminated for any reasons.
    • 4. If BUYER purchases any digital contents, the technical protection measures that might affect the functionality of digital contents, web browser settings and information about interoperability of digital contents with a particular software or hardware, which is known or reasonably expected to be known to SELLER, are provided in the description section available in the page where the product is sold at www.rubiga.co
    • 5. SELLER might not be held responsible for the lack of sufficient hardware on the electronic device of BUYER to run the product or for the possession of inappropriate web browser settings. BUYER is solely responsible for uploading the applications required for the browser that BUYER will use
  1. INTELLECTUAL PROPERTY RIGHTS
    • 1. All photos, texts, articles, visual and auditory symbols, files, code structures, catalogues including (but not limited to) this Website’s database, interface, design, texts, images, symbols, logos, html code and other codes available within this Website as well as the purchased e-magazine, printed magazine and other products purchased and available for purchase, including online, printed or other copyrighted products are registered in the name of SELLER, and all copyrights, sales and marketing rights belong to SELLER, for which use and marketing rights have been obtained or even if they are novelties not certified yet.BUYER may not, directly or indirectly, reproduce copy and replicate the purchased products without profit making purpose or for commercial purposes.
  2. FORCE MAJEURE
    • 1. If SELLER fails to timely deliver the product covered by this contract due to events of force majeure, which are described as unpredictable events that occur beyond the will of the parties, which cannot be prevented in spite of necessary care and which prevent and/or delay the fulfillment of obligations (including but not limited to natural disasters, war, fire, strike, riot, pandemic, adverse weather conditions, infrastructure and internet breakdowns, system-related improvement and renovation works and all breakdowns that occur for these reasons, power failure etc.); it hereby agrees to complete its obligations towards BUYER upon becoming aware of and elimination of such events of force majeure. BUYER hereby agrees and undertakes that the subscribed printed magazines and e-magazines are quarterly magazines, it may access to these magazines as long as the website continues to be published, in case the website fails to provide services, BUYER might not be able to access to the retrospective publications identified in the membership account of BUYER.
  3. EXERCISE OF WITHDRAWAL RIGHT AND EXCLUSIONS
    • 1. Except for events of force majeure, BUYER is entitled to withdraw from the contract within the period until the delivery of each purchased product. Except for the products which are listed in the Article 8.2 of this contract and which are impossible to be returned according to the provisions of relevant legislation; BUYER is entitled to withdraw from contract without specifying any reasons and without paying any penalty within 14 (fourteen) days following the delivery of the purchased product to BUYER. If BUYER intends to exercise its withdrawal right, it may withdraw from the contract by sending an e-mail about its intention of withdrawal to the e-mail address indicated in the Contact section at the Website of SELLER. BUYER is obliged to return the purchased product within 10 (ten) days upon receipt of the withdrawal notification by SELLER. While returning the product, BUYER will return the purchased product through the contracted cargo company that was previously used by SELLER to send the product to BUYER. Otherwise, cargo charge for return will be paid by BUYER. All collected payments including delivery expenses of the product or service will be refunded according the method of payment used by BUYER at the time of purchasing within 14 (fourteen) days following the receipt by SELLER of the notification about exercise of withdrawal right.
    • 2. According to the Article 15 of the Distance Sale Contracts Regulation No 29188, withdrawal right may not be exercised in the following contracts concluded by and between BUYER and SELLER:
      • 2.1. Contracts related to the products or services whose prices change depending upon the fluctuations in the financial markets and which are not under control of the seller or provider.
      • 2.2. Contracts related to the products prepared in line with consumer demands or personal needs.
      • 2.3. Contracts related to the delivery of the products which are perishable or which might expire.
      • 2.4. Contracts related to the delivery of the products, whose packaging, tape, seal or wrap has been opened after delivery, and the return of which is not appropriate in terms of health and hygiene.
      • 2.5. Contracts related to the products which are mixed with other products after delivery and which are impossible to be degraded by their nature.
      • 2.6. Contracts related to the delivery of books, digital contents and computer consumables that are presented in tangible media and whose protective elements such as packaging, tape, seal or wrap have been opened after delivery of the products.
      • 2.7. Contracts related to the delivery of periodicals such as newspapers and magazines, other than those provided under subscription contract.
      • 2.8. Contracts related to accommodation, moving of items, car rental, supply of foods and beverages and leisure time activities for the purpose of entertainment or relaxation, which are required to be done on a particular date or period.
      • 2.9. Contracts related to services instantly provided in electronic media or intangible products instantly delivered to consumers.
      • 2.10. Contracts related to the services, which are started to be provided upon the consent of consumer, prior to the expiry of withdrawal period.
    • 3. As the purchased product is a printed magazine not subject to subscription or an e-magazine having digital contents that are instantly delivered to consumer in electronic media, BUYER may not exercise withdrawal right after delivery. If withdrawal right is exercised while the product is in transit with the cargo company, the product is required to be returned to SELLER through the same cargo company without being actually received by BUYER. Otherwise, withdrawal right may not be exercised because the product is among those products for which no withdrawal right may be exercised.
    • 4. BUYER hereby agrees, declares and undertakes under this “Distance Sale Contract’’ that it has been sufficiently informed about the ‘‘Exercise of Withdrawal Right’’.
  4. NOTIFICATIONS AND EVIDENTIAL CONTRACT
    • 1. BUYER and SELLER hereby agree, declare and undertake that the electronic mail addresses indicated in this distance sale contract are their legal notification addresses, and all notifications and communications will be made to the electronic mail address designated by BUYER, except for the cases considered mandatory in the laws, and all notifications and communications to be sent will be valid and effective.
    • 2. The parties hereby agree that for disputes that might arise from this Contract, the electronic information and system records kept in the database and servers of SELLER as well as correspondence made by e-mail, official books and commercial records, e-archive records, microfilm, microfiche and computer records constitute valid, binding, final and exclusive evidence, and this article is deemed as an evidential contract within the meaning of the Article 193 of the Code of Civil Procedures No 6100.
  5. APPLICABLE LAWS AND COMPETENT COURT
    • 1. The disputes arising from this contract and the implementation of this contract will be governed by the Turkish Laws. For the disputes arising from this contract, BUYER may initiate legal action in the Provincial and District Arbitration Committees located in its or SELLER’s place of domicile, within the monetary limitations determined by the relevant authorities; it may initiate legal action at the Consumer Courts located in its or SELLER’s place of domicile, if the monetary limitations are exceeded.
  6. EFFECTIVE DATE
    • 1.When BUYER makes the payment for the order placed by it through the Website, it hereby agrees and undertakes that it has read and accepted this Contract and the integral parts of the Contract i.e. all conditions, contracts (withdrawal right text, terms of use of website, membership contract, information text about personal data) described in the website www.rubiga.co; and it has read and electronically approved all information contained in the Article 5 of the Distance Contracts Regulation in the pre-information form in relation with the Product(s) sold, prior to purchasing the product and that it will also comply with the provisions of this Contract.This contract has been concluded and came into force upon being approved by BUYER electronically. A copy of the contract will be sent to the e-mail address of BUYER in the membership account upon the approval of the sales transaction.
    • TARİH
SELLER   BUYER
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