Distance Sales Agreement

1. PARTIES

2. DEFINITIONS

In the implementation and interpretation of this contract, the terms written below shall express the written explanations opposite them.

• MINISTER: The Minister of Customs and Trade,
• MINISTRY: The Ministry of Customs and Trade,
• LAW: Law No. 6502 on the Protection of Consumers,
• REGULATION: Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
• SERVICE: The subject of any consumer transaction other than providing 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 account of the one offering goods,
• BUYER: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
• SITE: The internet site belonging to the SELLER (https://thumbswise.com),
• ORDERER: The real or legal person who requests a good or service through the SELLER's internet site,
• PARTIES: The SELLER and the BUYER,
• CONTRACT: This contract concluded between the SELLER and the BUYER,
• GOODS: Refers to the movable property subject to shopping and software, sound, image, and similar intangible goods prepared for use in the electronic environment.

3. SUBJECT

The subject of this Contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and delivery of the product whose qualifications and sales price are specified below, which the BUYER ordered electronically from the SELLER's internet site.

The prices listed and announced on the site are the sales prices. Announced prices and promises are valid until they are updated and changed. Prices announced for a period are valid until the end of the specified period.

4. CONTRACT SUBJECT PRODUCT/SERVICE INFORMATION

4.1. The basic characteristics of the Good / Product / Products / Service (type, quantity, brand/model, color, number) are published on the SELLER's internet site.

4.2. The service subject to the contract is the "ThumbsWise" digital subscription service. The type, duration, and sales price including taxes of the service are as stated on the payment page approved by the BUYER during the purchase process.

• Service Name: ThumbsWise Subscription
• Delivery Method: Instant Performance in Electronic Environment (Online Access)
• Shipping Cost: There is no shipping cost as it is a digital service (0 TL).

5. GENERAL PROVISIONS

6. RIGHT OF WITHDRAWAL AND EXCEPTIONS

6.1. According to Article 15 (ğ) of the Regulation on Distance Contracts titled "Exceptions to the Right of Withdrawal"; "Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer" are outside the scope of the right of withdrawal.

6.2. Since the ThumbsWise service is a digital service that is performed instantly and opened to access after the payment transaction is completed, the BUYER does not have a legal right of withdrawal.

6.3. However, the SELLER may apply its own refund policies (Refund Policy) determined at its own initiative within the scope of customer satisfaction. Please review the "Refund Policy" page for details.

7. STATE OF DEFAULT AND LEGAL CONSEQUENCES

The BUYER accepts, declares, and undertakes that if they default in the case of making payment transactions with a credit card, they will pay interest within the framework of the credit card contract between the cardholder bank and themselves and will be responsible to the bank. In this case, the relevant bank may apply to legal remedies; may demand the costs and attorney's fees to be born from the BUYER, and in any case, if the BUYER defaults due to their debt, the BUYER accepts, declares, and undertakes that they will pay the damage and loss incurred by the SELLER due to the delayed performance of the debt.

8. AUTHORIZED COURT

In disputes arising from this contract, complaints and objections will be made to the Consumer Arbitration Committee or the Consumer Court in the place where the consumer's residence is located or where the consumer transaction is made, within the monetary limits declared by the Ministry of Trade.

9. ENFORCEMENT

When the BUYER performs the payment for the order placed on the Site, they are deemed to have accepted all the terms of this contract. The SELLER is obliged to make the necessary software arrangements to ensure that confirmation is obtained that this contract has been read and accepted by the BUYER on the site before the order is realized.