User Agreement

ARTICLE_1 PARTIES

1.1 SELLER INFORMATION

Seller Title: BERK KULLE / KULLERIAN SOFTWARE

Address: ALACAATLI MAH. 3412 CAD. NO: 18 A İÇ KAPI NO: 14 ÇANKAYA/ANKARA

Website: https://kullerian.com/en

Email: sales@kullerian.com

1.2 CONSUMER INFORMATION

Full Name (or Company Name):

ID or Tax Number:

Email:

Address:

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 “Law on the Protection of Consumers No. 4077” and the “Regulation on the Principles and Procedures for the Implementation of Distance Contracts” regarding the sale and delivery of the product, the qualifications and sales price of which are stated below, ordered by the BUYER electronically from the website “www.kullerian.com”.

ARTICLE_3 PRICE, PAYMENT METHOD

3.1. On the other hand, since installment sales are made only with credit cards of banks, the buyer agrees, declares, and undertakes that they will confirm the relevant interest rates and default interest information from their bank, and that the provisions regarding interest and default interest will be applied within the framework of the credit card agreement between the bank and the buyer according to the current legislation.

Credit Card Refund Procedure:

3.2 Due to the nature of the products, products that cannot be returned, single-use products, copyable software and programs, and data services, the right of withdrawal and refund cannot be used for the website.

ARTICLE_4 GENERAL PROVISIONS

4.1. The BUYER declares that they have read, understood, and electronically confirmed all the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product(s)/service(s) subject to the contract, as stated in the “information form” prepared according to the provisions of the “Law No. 4077” and the “Regulation on the Principles and Procedures for the Implementation of Distance Contracts” on the website “kullerian.com”.

4.2. The product subject to the contract is delivered to the BUYER or the person/organization at the email address indicated by the BUYER within the period specified in the preliminary information on the website, depending on the distance of the BUYER’s location, provided that it does not exceed the legal 30-day period for each product.

4.3. If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.

4.4. The SELLER is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the specifications specified in the order, and with warranty documents and user manuals, if any.

4.5- For the delivery of the product subject to the contract, it is mandatory for the signed copy of this contract to be delivered to the SELLER and the price to be paid by the BUYER’s preferred payment method. For any reason, if the product price is not paid or canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.

4.6- After the delivery of the product, if the BUYER’s credit card is used unfairly or illegally by unauthorized persons in a way that is not due to the BUYER’s fault, and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER is obliged to send the product to the SELLER within 3 days, provided that it has been delivered to them. In this case, transportation costs are borne by the BUYER.

4.7- Products that are sold with or without a warranty certificate and are faulty or defective (defective) can be sent to the SELLER for necessary repairs within the warranty conditions, and in this case, the transportation costs will be covered by the SELLER.

ARTICLE_5 RIGHT OF WITHDRAWAL

The BUYER has the right to withdraw from the contract within 7 days from the delivery of the product to themselves or the person/organization at the address indicated by them for hardware products. To exercise the right of withdrawal, notification must be made to the SELLER via fax, email, or phone within this period, and the product must be unused in accordance with the provisions of Article 6. If this right is exercised, it is obligatory to return the original invoice along with the cargo delivery receipt showing that the product delivered to the third party or the BUYER has been sent to the SELLER. Within 7 days following the receipt of these documents, the product price will be refunded to the BUYER. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded. The shipping cost of the product returned due to the right of withdrawal will be covered by the SELLER. For software products, Kullerian Bilişim (Berk Kulle) is not subject to the right of withdrawal and therefore license cancellation and refund after the order payment due to consumer rights law. (The right of withdrawal cannot be exercised after the data or software is received). The relevant consumer rights law article (Right of Withdrawal Article 8): Contracts related to services performed instantly in the electronic environment and goods delivered instantly to the consumer are not subject to the provisions regarding the right of withdrawal and its use. Since Kullerian Bilişim (Berk Kulle) delivers a service/software electronically to our customers, it is not possible to return it physically. Once our customers have the software and data, they may keep a copy of the software or data outside of our knowledge, making a physical return and therefore the right of withdrawal not possible.

All customers who place an order are deemed to have accepted the above-mentioned conditions in advance.

Before placing an order, all customers can follow the relevant links on our site to access the demo of our software or data, review the system with all its features, and also contact our company for any pre-sale inquiries.

385 General Communiqué of the Tax Procedure Law: In order for the return transactions to be carried out, the relevant sections on the invoice with the return section sent to you must be completely filled out and sent back to us along with the product after being signed.

However, since our customers do not pay VAT for orders sent to TRNC and abroad, they are responsible for paying the taxes of the products they receive from customs. Customers do not have the right of withdrawal for products that are not received from customs for any reason. Because according to Article 8 of the Regulation on the Principles and Procedures for the Implementation of Distance Contracts, the consumer has the right to withdraw from the contract by rejecting the goods without any legal or penal liability and without providing any justification within seven days from the date of delivery.

ARTICLE_6 PRODUCTS THAT CANNOT BE RETURNED

There is no return process for software and data products in any way.

ARTICLE_7 DEFAULT PROVISIONS

In the event that the parties do not fulfill their obligations arising from this contract, the provisions of the Debtor’s Default in Articles 106-108 of the Code of Obligations shall apply. In default cases, if any party fails to fulfill its acts within the due time without a justified reason, the other party will give 7 days for the fulfillment of the act. If the act is not fulfilled within this period, the party failing to fulfill its acts will be considered in default, and the creditor will have the right to demand the delivery of the goods and/or the termination of the contract and the return of the price by demanding the performance of the act.

According to the last paragraph of Article 9 of the Regulation on Distance Contracts, if the seller cannot fulfill the contract due to the impossibility of fulfilling the order for the goods or services, they must notify the consumer of this situation before the fulfillment period of the contractual obligation expires. In this case, “www.kullerian.com” has the right to terminate the contract immediately and will refund the amount paid by the customer and, if any, all documents that put the customer in debt.

If “www.kullerian.com” is unable to fulfill its contractual obligations due to force majeure or extraordinary events that prevent transportation such as weather conditions, interruption of transportation, fire, earthquake, flood, etc., the buyer has no responsibility, and the buyer may request the cancellation of the order or the postponement of the delivery until the obstacle is removed. In the event that the buyer cancels the order, the amount paid is refunded to them within 10 days. In installment payments made by credit card, the above procedure is accepted by the BUYER for the refund to the credit card.

ARTICLE_8 AUTHORIZED COURT

In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts at the place of residence of the BUYER or SELLER are authorized up to the value announced by the Ministry of Industry and Trade. If the order is realized, the BUYER is deemed to have accepted all the terms of this contract.

ARTICLE_9 DATA AND SOFTWARE PROCESSES

9.1. This DATA or program will be provided to the buyer by the seller via email specified with the latest updated version of the software. The buyer may request the email containing the software or data files if the software or data sent is damaged or lost during the contract period from the seller/manufacturer.

9.2. The update process of the program will be provided via the internet, or the user may request the updated files of the software or data via email.

9.3. After paying the seller the price and obtaining the program or data, the buyer will receive a password from the manufacturer to use the program or data.

9.4. If needed, the buyer can receive training from the seller on how to use the program.

9.5. Functions that the buyer wants to be added or removed from the program will be subject to an additional fee.

9.6. The seller or manufacturer will not be responsible for data loss due to the malfunction of the computer on which the program is installed or for other reasons.

9.7. The buyer will not give the program to third parties under any circumstances and will not allow unauthorized persons to intervene to solve the problems that may arise.

9.8. The buyer will be responsible for the maintenance and protection of the computer on which the program is installed from external factors, preventing viruses or similar harmful software from infecting the system, and ensuring the security of the devices where data or data backups are stored.

9.9. The buyer can receive technical support for the program via phone, email, msn, remote desktop connection, or free of charge during the contract period.

The buyer accepts in advance that they will not return the software they have purchased by email/DVD or from the website “www.kullerian.com” after trying it out.
After purchasing, the buyer will be able to receive 1 year of free remote support (Remote Connection, Phone, Email). If the buyer wishes to receive support after 1 year, the annual maintenance contract will be charged at 1000 USD.
This protocol is arranged for one (1) year from the effective date, and either party may terminate this protocol at any time by notifying the other party in writing during the effective period.
The warranty period for Kullerian Bilişim products is one year from the invoice date.
Kullerian Bilişim does not claim or guarantee that its software and data are flawless, error-free, perfect, or that they will fully meet the user’s needs. The demo is reviewed before purchase, and there are no features other than those in the demo.

KULLERIAN BİLİŞİM (BERK KULLE)

The BUYER declares that they have read, understood, and electronically confirmed all the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product(s)/service(s) subject to the contract, as stated in the “information form” prepared according to the provisions of the “Law No. 4077” and the “Regulation on the Principles and Procedures for the Implementation of Distance Contracts” on the website “www.kullerian.com”.

For the contract’s hardware/physical products, the product subject to the contract will be delivered to the BUYER or the person/organization at the address indicated by them by mail within the period specified in the preliminary information on the website, depending on the distance of the BUYER’s location, provided that it does not exceed the legal 30-day period for each product.

If the product subject to the contract is to be delivered to a person/organization other than the BUYER, the SELLER cannot be held responsible if the person/organization to be delivered does not accept the delivery.

The SELLER is responsible for delivering the product subject to the contract in a sound, complete manner, in accordance with the specifications specified in the order, and with warranty documents and user manuals, if any.

The BUYER is deemed to have accepted this contract in advance, and it is mandatory for the price to be paid by the BUYER’s preferred payment method for the delivery of the product subject to the contract. For any reason, if the product price is not paid or canceled in the bank records, the SELLER is deemed to be released from the obligation to deliver the product.

After the delivery of the product, if the BUYER’s credit card is used unfairly or illegally by unauthorized persons in a way that is not due to the BUYER’s fault, and the relevant bank or financial institution does not pay the product price to the SELLER, the BUYER is obliged to send the product to the SELLER within 3 days, provided that it has been delivered to them. In this case, transportation costs are borne by the BUYER.

RIGHT OF WITHDRAWAL

For software and data products, Kullerian Bilişim (Berk Kulle) is not subject to the right of withdrawal and therefore license cancellation and refund after the order payment due to consumer rights law. (The right of withdrawal cannot be exercised after the data or software is received). The relevant consumer rights law article (Right of Withdrawal Article 8): Contracts related to services performed instantly in the electronic environment and goods delivered instantly to the consumer are not subject to the provisions regarding the right of withdrawal and its use. Since Kullerian Bilişim (Berk Kulle) delivers a service/software electronically to our customers, it is not possible to return it physically. Once our customers have the software and data, they may keep a copy of the software or data outside of our knowledge, making a physical return and therefore the right of withdrawal not possible.

All customers who place an order are deemed to have accepted the above-mentioned conditions in advance.

Kullerian Bilişim (Berk Kulle) does not claim or guarantee that its software and data are flawless, error-free, perfect, or that they will fully meet the user’s needs. The demo is reviewed before purchase, and there are no features other than those in the demo.

Cancellation / Return Conditions

The BUYER has the right to withdraw from the products purchased from Kullerian Bilişim within 7 days of delivery to themselves or to the email addresses of the individuals/organizations indicated by the BUYER. To exercise the right of withdrawal, notification must be made to the SELLER via fax, email, or phone within this period, and the product must be unused.

In the event of exercising this right, the original invoice of the product delivered to the third party or the BUYER must be returned to the SELLER. The product price will be refunded to the BUYER within 7 days following the receipt of these documents. If the original invoice is not sent, VAT and any other legal obligations cannot be refunded.

The shipping cost of the product returned due to the right of withdrawal will be covered by the SELLER.

For software and data products, Kullerian Bilişim is not subject to the right of withdrawal and consequently, refund, as per consumer rights law after the payment of the order. (The right of withdrawal cannot be exercised after the data has been received).

The relevant consumer rights law article (Right of Withdrawal Article 8): Contracts related to services performed instantly in the electronic environment and goods delivered instantly to the consumer are not subject to the provisions regarding the right of withdrawal and its use.

Since Kullerian Bilişim delivers a service/software electronically to our customers, it is not possible to return it physically. Once our customers have the software and data, they may keep a copy of the software or data outside of our knowledge, making a physical return and therefore the right of withdrawal not possible.

All customers who place an order are deemed to have accepted the above-mentioned conditions in advance. Before placing an order, all customers can follow the relevant links on our site to access the demo of our software or data, review the system with all its features, and also contact our company for any pre-sale inquiries.