Introduction

At Databoard, we provide variety of Merchandise (e.g. NFC cards, stickers) to enhance networking experience in physical world by granting convenient access to our social platform, in another words, to your digital business card.

This Contract specifies the terms of the sale, delivery and quality standards of such Merchandise as well as the quantity and price for an order placed via Databoard website or app.

1. Parties to The Contract

This Contract is hereby executed between the Databoard [The Stay Teknoloji ve Gayrimenkul Danismanligi AS] (also referred to as “Seller”, “we” and “us”) and the customer (also referred to as “buyer”). The Seller and the Buyer will be referred to as a “Party” individually and “Parties” collectively.

2. Goods or Services Covered by The Contract, Payment and Delivery

The types, quantities, brands, models, colors and sales values, inclusive of VAT of the Product(s) constituting the subject matter of this Contract are as indicated below:

3. Representations, Rights and Obligations of The Parties

3.1 The Customer hereby agrees, declares and pledges that it has read the preliminary information form on the Seller’s full trade name, address and communication information under which the basic qualities of the Product(s) covered by this Contract, terms regarding sale prices including VAT, delivery and costs of delivery, renouncement right and exercise shall be met by the Customer, obtaining accurate and full information in connection therewith.

3.2 The Customer hereby agrees, declares and pledges that it is aware of the basic qualities, sale prices, payment methods and delivery conditions of the Product(s) covered by sale as well as of any other preliminary information and renouncement right, that it confirms this preliminary information electronically and subsequently places an order for the Product(s).

3.3 Delivery of the Product(s) is made as soon as possible upon stock availability and receipt of the price in the Seller’s account. The Seller hereby agrees, declares and pledges to deliver the Product(s) at the delivery address specified by the Customer in this Contract no later than 30 days from the order date.

3.4 The Seller hereby agrees, declares and pledges that it is responsible for delivering the Product(s) covered by the Contract to the Customer in a condition meeting the qualities specified in the order and together with warranty certificates and operating guides if any.

3.5 Delivery costs are borne by the Seller in cases where the Seller states that the Seller shall meet delivery costs or that free delivery shall be made as part of a campaign in case of those shopping for a figure above the figure set and announced by the Seller on the Site.

3.6 The Customer shall inspect the Product(s) covered by the Contract during delivery before accepting their delivery, refusing any Product(s) which are in poor condition (e.g. damaged) and/or delivered in a torn package or similar defects.

3.7 The Customer hereby agrees, declares and pledges that the Product(s) taken over from the courier have been delivered in a complete, damage free and sound condition. The Customer is obligated to protect the Product(s) and packaging with care after delivery.

3.8 The Customer hereby agrees, declares and pledges that the Customer is obligated to return the Product(s) to the Seller within 3 days and meet delivery costs to be incurred in this case in the event that the relevant bank or finance institution does not pay the value of the Product(s) to the Seller after delivery of the Product(s) because the credit card held by the Customer is used by unauthorized persons in an unjustified or illegal manner not arising from the Customer’s fault.

3.9 In the event that the value of the Product(s) is not paid or payment is cancelled in the bank records for any reasons whatsoever, the Seller is considered having been relieved of its obligation to deliver the Product(s) covered by this Contract.

3.10 The Parties hereby agree, declare and pledge that in cases where the Product(s) are to be delivered to a person/entity other than the Customer, and the Person/entity to take delivery thereof refuses to accept delivery, the Seller is not liable in connection therewith.

3.11 The Seller may not be held liable for non-delivery of the ordered Product(s) at the delivery address of the Customer or at the Customer’s Delivery Address specified in the Contract, due to any problems to be encountered by the courier, which shall make delivery, at the stage of delivery to the Customer.

3.12 In the event that the Seller is unable to meet its obligations under the Contract because delivery of the ordered Product(s) to the Customer is not possible, the SELLER informs the Customer accordingly before the expiry of the term of its performance obligation arising from the Contract and may provide the Customer with a different product of the same quality and price.

3.13 In cases where the Seller is unable to deliver the Product(s) covered by the Contract in the prescribed time limit due to Force Majeure or extraordinary circumstances such as adverse weather and interruption of transport preventing delivery, the Seller is obligated to inform the Customer accordingly. In this case, the Customer may exercise one of the options involving order cancellation, replacement of the Product(s) with equivalent items and/or postponement of the delivery time limit until after the elimination of the preventive condition. In the event that the Customer cancels the order, the sum paid thereof is refunded all at once within 10 days.

3.14 If the Customer shops with credit card with payments in installments, the method of instalments specified in this Contract applies. In installment operations, the relevant provisions of the contract signed between the Customer and credit owner bank apply. The credit card payment date is determined as per the provisions of the Contract between the bank and the Customer. In addition, the Customer may follow the number of installments and payments thereof on the statement of accounts sent by the bank.

3.15 In payments made by the Customer with a credit card, the product sum is returned to the relevant bank within 7 business days after order cancellation by the Customer. The reflection in Customer’s account after the refund of this sum to the Bank is solely a bank process and the Seller is unable to intervene with this process in any manner whatsoever.

4. Renouncement Right and Replacement

4.1 The Customer is entitled to renouncement without having to provide any justification within 14 days from delivery of the Product(s) to the Delivery Address specified in this Contract.

4.2 For exercise of the renouncement right, notice must be served on the Seller by contact form found on Seller’s website within the time limit of 14 days and the Product(s) intended to be returned must be in an unused condition allowing the Seller to put them on sale again subject to the provisions of Article 6 of this Contract. In case of the exercise of the renouncement right;

• The Product(s) must be delivered to the Seller in a complete and undamaged condition

• With the invoice of the Product(s)

• Inside packages including standard accessories, if any, of the Product(s).

4.3 The sum of the Product(s) is to be returned to Customer within 10 business days from receipt of the items listed in Article 4.2 and notification of the refund approval sent by the Seller. Any transport costs of the Product(s) returned in the prescribed time limit for any reasons including costs of shipment to the Customer shall be met by the Seller. In case of replacement, transport costs for initial replacement shall be met by the Seller; in cases where the same product is replaced twice, costs of the second replacement shall be met by the Customer.

4.4 Upon return of the Product(s) to the Seller, the original invoice submitted to the Customer during delivery must also be returned to the Seller and no return request may be processed unless the invoice is sent back with the Product(s) or individually to the Seller within 5 days from return of the Product(s). In such case, the Product(s) shall be sent back to the Customer against payment upon delivery.

5. Products for Which Renouncement Right Is Not Exercisable

Renouncement right may not be exercised for products not considered appropriate to be returned in terms of health and hygiene as far as goods on which protective elements such as packaging, tapes, seals and packages are opened after delivery are concerned.

More information on circumstances and procedures regarding Product return and refund could be found on Seller’s Return & Refund Policy.

6. Jurisdiction

Consumers Arbitration Tribunals and Consumers Courts at the location of the Seller’s domicile have the sole jurisdiction over the settlement of disputes arising from this Contract, which have a value of up to the limit communicated by the Ministry of Industry and Trade.

7. Notices

Any notices, warnings and notifications to be served as per this Contract shall be served by email, courier accompanied with an explanation thereof, certified mail or a notary at the addresses of the Seller designated in Article 1 of this Contract.

The Parties hereby agree that their addresses designated in the Contract are their respective notice addresses and that unless any change of address shall be notified to the other Party before 5 business days, notices to be served at these addresses shall be effective. Any notices served by the Seller on the Customer under this contract shall be considered having reached the Customer 1 day after this dispatch and any notices to be sent by the Customer to the Seller shall be considered effective from the date when they are considered having been served according to Turkish laws.

8. Final Provisions

This Contract, comprising 8 articles is hereby executed by the Parties on [*DATE*]. The preliminary information form located on the payment page of the Seller’s or partner’s platform and invoice are integral parts of this Contract. The Parties hereby agree, declare and pledge that they have fully read, understood and accepted this Contract in its entirety, that the information provided by each of them is correct and that any provisions hereof are effective. By approving this Contract via the specifically prepared platform of the Site, the Customer is hereby considered as having agreed to any terms hereof.