Distance Sales Agreement
DISTANCE SALES AND DIGITAL SERVICE AGREEMENT
ARTICLE 1 - PARTIES
1.1. SELLER:
- Company Name: Catchpad Spor Eğitim ve Eğlence Teknolojileri Anonim Şirketi
- Address: REŞİTPAŞA Mah. KATAR Cad. ARI 3 Binası No: 4 / B204 34467 Sarıyer / Istanbul, Turkey
- Phone: +90 530 825 94 40
- E-Mail: info@catchpad.com
- Mersis: 0203075863000001
- Tax Office: Sarıyer
- Tax Number: 2030758630
- Registered Electronic Mail (KEP): catchpadspor@hs01.kep.tr
1.2. BUYER ("CONSUMER"):
- Full Name/Company Name: [BUYER]
- Address: [BUYERADDRESS]
- Phone: [BUYERPHONE]
- Email: [BUYEREMAIL]
- Date: [CONTRACTDATE]
By accepting this agreement, the BUYER acknowledges that if the order is confirmed, they will be obligated to pay the order amount and any additional fees such as shipping costs and taxes, and that they have been duly informed of this in advance.
ARTICLE 2 - SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Turkish Law No. 6502 on the Protection of Consumers, regarding (i) the sale and delivery of physical products and (ii) the use of digital services and subscription-based features offered through the mobile application, ordered electronically by the CONSUMER from the catchpad.com website or mobile application, whose characteristics and sale price are specified below.
The prices listed and announced on the site/application are sale prices. The announced prices and commitments are valid until updated or changed. Prices announced for a specific period are valid until the end of the specified period.
ARTICLE 3 - INFORMATION REGARDING THE CONTRACTUAL PRODUCT AND SERVICE, PAYMENT AND DELIVERY
3.1. Physical Product Information:
| Product | Quantity | Price (VAT Included) |
|---|---|---|
| Total | ||
| Discount | ||
| Grand Total |
- Payment Method: Accepted methods — Credit Card, Wire Transfer/EFT
- Shipping Information: To be selected at the payment stage.
3.2. Digital Service and Subscription Information:
Paid subscription features offered under digital services are listed up-to-date within the mobile application. The subscription fee, duration (monthly/annual), and renewal terms are clearly shown to the user during the subscription initiation process.
3.3. As installment sales can only be made with credit cards issued by banks, the CONSUMER acknowledges that they will verify the relevant interest rates and default interest information from their bank.
3.4. Refund Procedure:
a) Refund for Credit Card Payments: For installment purchases, refunds are transferred by the bank to the CONSUMER in installments. The SELLER pays the full amount to the bank in a single transaction. Cash refunds cannot be made due to bank agreements.
b) Refund for Wire Transfer/EFT Payments: Made by wire transfer/EFT to the account specified by the CONSUMER. The account must be in the name of the billing address or the registered user. Cash refunds cannot be made due to bank agreements.
3.5. Delivery Method and Address:
Delivery Address:
- Full Name/Company Name: [BUYER]
- Address: [BUYERADDRESS]
Person to Receive Delivery:
- Full Name/Company Name: [RECEIVER]
- Address: [DELIVERYADDRESS]
Packaging, shipping, and delivery costs are borne by the CONSUMER. Delivery is made by the contracted shipping company to the address specified above. Even if the CONSUMER is absent at the time of delivery, the SELLER is deemed to have fully fulfilled its obligations. The SELLER is responsible for delivering the product in sound condition, complete, in accordance with the qualifications specified in the order, and with warranty documents and user manuals if any. Digital services are activated on the user account immediately upon completion of payment.
ARTICLE 4 - RIGHT OF WITHDRAWAL
The CONSUMER has the right to withdraw from this Distance Sales Agreement within 14 (fourteen) days without giving any reason and without paying any penalty. The withdrawal period begins on the day the goods are received for product sales; and on the day the agreement is established for service contracts.
In determining the withdrawal period:
a) For goods delivered separately under a single order, the day the last goods are received, b) For goods consisting of multiple parts, the day the last part is received, c) For contracts with regular delivery over a specific period, the day the first goods are received is taken as the basis.
Withdrawal notifications can be sent via email to info@catchpad.com.
The Consumer cannot exercise the right of withdrawal in the following contracts:
a) Goods or services whose prices change depending on fluctuations in financial markets. b) Goods prepared according to the Consumer's personal needs. c) Goods that are perishable or may expire. ç) Goods with opened packaging that are not suitable for return in terms of health and hygiene. d) Goods mixed with other products after delivery that cannot be separated. e) Books, digital content, and computer consumables with opened packaging. f) Newspaper/magazine delivery contracts other than subscriptions. g) Accommodation, transportation, rental, food-beverage, entertainment contracts for specific dates. ğ) Services performed instantly in electronic environments or intangible goods delivered instantly. h) Services whose performance has started with CONSUMER approval before the withdrawal period ends.
4.I) Exercise of Right of Withdrawal:
4.I1) The invoice of the product to be returned must be sent. For corporate invoices, a return invoice must be issued.
4.I2) The product box, packaging, and accessories must be complete and undamaged.
4.I3) The SELLER refunds the amount within 10 days of receiving the withdrawal notification and takes back the goods within 20 days.
4.I4) The BUYER is responsible for depreciation caused by their fault.
4.I5) If the campaign limit is reduced due to withdrawal, the discount is cancelled.
4.I6) Condition That the Product Has Not Been Used:
In order to exercise the right of withdrawal, the original packaging, protective films, seals, and security tapes of the product to be returned must be unbroken, unopened, and undamaged. If the product has been installed, activated, used, or tried, the right of withdrawal cannot be exercised.
4.I7) Scope of Right of Withdrawal for Technological Products:
CatchPad and CatchZone products are technological devices that require software activation, are calibrated specifically for the user, and acquire second-hand status after use. Therefore, the right of withdrawal cannot be exercised for products whose packaging has been opened, that have been activated, or that have been used even once, in accordance with the relevant articles of the Turkish Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts.
4.I8) Depreciation and Partial Refund:
If the BUYER uses the product beyond what is necessary to understand its nature, characteristics, and functioning, even during the withdrawal period, the BUYER is responsible for the depreciation of the product. In this case, the SELLER reserves the right to process the refund by applying a discount from the product price in proportion to the depreciation.
4.I9) Return Acceptance Conditions:
- The original packaging, box, and all protective elements must be unbroken
- All accessories, cables, user manual, and warranty certificate must be complete
- There must be no scratches, impact marks, or signs of use on the product
- Software activation must not have been performed
- The sales invoice must be sent together with the return invoice
Return requests that do not meet these conditions may be rejected by the SELLER, or partial refunds may be made by deducting the depreciation.
4.I10) Withdrawal for Digital Service Subscriptions:
The CONSUMER has the right to withdraw from the digital subscription agreement within 14 days from the date of its establishment. However, if the CONSUMER explicitly confirms that they wish to benefit from the service immediately upon initiating the subscription, pursuant to the relevant article of the Regulation on Distance Contracts, the right of withdrawal terminates at the moment of use. No pro-rata refund is made for unused periods after subscription activation and service usage has begun.
ARTICLE 5 - DIGITAL SERVICE AND SUBSCRIPTION TERMS
5.1. Scope of Service: The SELLER offers free and paid (subscription-based) features through the mobile application. The current scope of services is published within the application in a manner visible to the CONSUMER.
5.2. Right to Modify the Application: The SELLER reserves the right to add, modify, update, or remove free and paid features offered in the application for technical, operational, or commercial reasons. In case of material changes to paid features, the CONSUMER shall be notified at least 30 days in advance via email or in-app notification. If the CONSUMER does not accept these changes, they have the right to cancel their subscription free of charge.
5.3. Subscription Fee and Payment: The subscription fee is determined according to the selected plan (monthly/annual) and includes VAT. Payment is made through the in-app payment infrastructure (App Store, Google Play, or the SELLER's direct billing system).
5.4. Automatic Renewal: The subscription is automatically renewed at the end of the period unless cancelled by the CONSUMER. The CONSUMER is notified of the renewal terms via email or in-app notification at least 30 days before the automatic renewal date.
5.5. Termination and Cancellation: The CONSUMER may terminate an indefinite-term subscription agreement at any time, and a fixed-term subscription agreement at the end of its term. Cancellation may be done through the application or via info@catchpad.com. After cancellation, the subscription remains active until the end of the paid period.
5.6. Service Continuity: The SELLER shall exercise reasonable care to ensure the uninterrupted operation of the application. However, interruptions may occur due to maintenance, updates, technical failures, third-party infrastructure issues, or force majeure. Without prejudice to mandatory legal provisions, the SELLER shall not be liable for compensation for such interruptions.
5.7. Intellectual Property: The application, its content, visuals, software code, and trademark belong to the SELLER. The CONSUMER is granted only a limited, non-transferable, and non-exclusive license for personal use.
5.8. Terms of Use: The CONSUMER may not use the application for unlawful purposes, in violation of others' rights, or for malicious purposes. The CONSUMER may not attempt to reverse engineer the application, extract its source code, or copy it through unauthorized means.
5.9. Personal Data: The CONSUMER's data is processed in compliance with the Turkish Personal Data Protection Law (KVKK) and relevant legislation. Please refer to the SELLER's Privacy Policy for details.
ARTICLE 6 - GENERAL PROVISIONS
6.1. The CONSUMER declares that they have read the preliminary information about the product and service on the catchpad.com website/application and have given the necessary confirmation electronically.
6.2. Physical products are delivered within a maximum of 30 days from the agreement date. Digital services are activated immediately after payment completion.
6.3. If the product is to be delivered to a person/institution other than the CONSUMER, the SELLER is not liable for non-acceptance.
6.4. The SELLER is responsible for delivering the product in sound condition, complete, in compliance with qualifications, and with warranty documents/manuals.
6.5. If the product fee is not paid or cancelled in bank records, the SELLER is released from the delivery obligation.
6.6. In case of unauthorized credit card use, the CONSUMER is obligated to return the product to the SELLER.
6.7. Warranty-covered product failures are repaired at authorized service centers.
6.8. If the performance of the ordered product/service becomes impossible, the SELLER shall notify the CONSUMER within 3 days and refund the amount within 14 days.
6.9. The SELLER has the right to communicate using the CONSUMER's registration information and share it with the shipping company and e-invoice intermediary.
6.10. The CONSUMER shall inspect the product before receipt and shall not accept damaged products.
6.11. If the credit card holder and the BUYER are different, the SELLER may request additional verification; if no response is received within 24 hours, the order may be cancelled.
6.12. The CONSUMER declares that their registration information is accurate; otherwise, they shall compensate the SELLER's damages.
6.13. The CONSUMER is obligated to comply with legal legislation.
6.14. The CONSUMER may not use the site/application in a manner that violates public order, harasses, or causes harm.
6.15. Third-party links may appear on the site/application; the SELLER is not responsible for their content.
ARTICLE 7 - DEFAULT AND LEGAL CONSEQUENCES
If the BUYER defaults on payment transactions, they shall pay interest and be liable to the bank within the framework of the credit card agreement with the cardholder bank. In case of default, the BUYER agrees to pay the damages and losses incurred by the SELLER.
ARTICLE 8 - DISPUTES AND COMPETENT COURT
For disputes arising from this agreement; Consumer Arbitration Committees have jurisdiction for disputes up to the monetary limit announced annually by the Ministry of Trade, and Consumer Courts have jurisdiction for disputes exceeding this limit.
If the order is executed, the CONSUMER is deemed to have accepted all terms of this agreement.
SELLER:
- Company Name: Catchpad Spor Eğitim ve Eğlence Teknolojileri Anonim Şirketi
- Address: REŞİTPAŞA Mah. KATAR Cad. ARI 3 Binası No: 4 / B204 34467 Sarıyer / Istanbul, Turkey
- Phone: +90 530 825 94 40
- E-Mail: info@catchpad.com
- Mersis: 0203075863000001
- Tax Office: Sarıyer
- Tax Number: 2030758630
- Registered Electronic Mail (KEP): catchpadspor@hs01.kep.tr
BUYER:
- Full Name/Company Name: [BUYER]
- Address: [BUYERADDRESS]
- Phone: [BUYERPHONE]
- Email: [BUYEREMAIL]
- Date: [CONTRACTDATE]