Article 1: Parties
1.1 Buyer and Seller
Article 2: Subject
The subject of this agreement is to determine the rights and obligations of the parties concerning the sale and delivery of the Roadside Assistance Services and Spare Parts, whose qualifications and sales price are specified below, which the BUYER has purchased electronically (e-commerce) from the SELLER's website www.sdassist.com, in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts. The Buyer accepts and declares, in accordance with the provisions of this agreement, that they have been informed by the seller in a clear, understandable, and internet-appropriate manner (on the e-commerce site) about the seller's name, title, full address, telephone, and other contact information, the basic characteristics of the goods/services subject to sale, the sales price including taxes, the payment method, delivery conditions and costs, etc., all preliminary information regarding the goods/services subject to sale and the use of the "right of withdrawal" and how to exercise this right, the official authorities to which they can submit complaints and objections, etc., that they have confirmed this preliminary information electronically, and subsequently purchased the Roadside Assistance Package. The preliminary information on the www.sdassist.com site and the invoice issued upon the purchase made by the buyer are integral parts of this agreement.
Article 3: Product/Payment/Delivery Information of the Agreement
The type and nature, quantity, brand/model, sales price, payment method, recipient, delivery address, invoice information, and shipping fee of the product(s) purchased electronically are as specified below. The person to be invoiced must be the same as the person concluding the contract. The information below must be correct and complete. The buyer agrees to fully cover any damages arising from incorrect or incomplete information and also accepts any liability that may arise from this situation. The SELLER reserves the right to halt the purchase when deemed necessary if the information provided by the BUYER does not match reality. If the SELLER detects a problem with the purchase and cannot reach the BUYER through the telephone, e-mail, and postal addresses provided by the BUYER, it will suspend the execution of the purchase for a period of 15 (fifteen) days. The BUYER is expected to contact the SELLER regarding the issue within this period. If no response is received from the BUYER within this period, the SELLER will cancel the sale to prevent harm to both parties.
Purchased Product(s) and Service(s)
Package Name:
Sale Price: ….
Payment Method: Credit Card/Bank Transfer
Person to be Invoiced:
Billing Address:
Article 4: Contract Date and Force Majeure
The date of the contract is the date on which the purchase was made by the buyer, which is ../../…. . Situations that did not exist or were not foreseeable at the time the contract was signed, that develop beyond the control of the parties, and that make it impossible for one or both of the parties to fulfill their obligations and responsibilities under the contract, either partially or completely, or to fulfill them on time, will be considered as force majeure (Natural disaster, war, terror, uprising, changing legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party experiencing the force majeure event will notify the other party immediately and in writing. During the continuation of the force majeure, the parties shall not be liable for any failure to perform their obligations. If this force majeure situation continues for 30 (thirty) days, each of the parties shall have the right to terminate the agreement unilaterally.
Article 5: Rights and Obligations of the Seller
5.1 The seller accepts and undertakes to fulfill the obligations imposed on it in the contract in full, except in cases of force majeure, in accordance with the provisions of Law No. 4077 on the Protection of Consumers and the Regulation on Distance Contracts.
5.2 Persons under the age of 18 (eighteen) cannot make purchases from www.sdassist.com. The seller will assume that the age specified by the buyer in the contract is correct. However, the seller cannot be held responsible in any way for the buyer's misrepresentation of their age.
5.3 www.sdassist.com is not responsible for price inaccuracies arising from system errors. Accordingly, the seller is not responsible for promotional or price errors that may arise from the system, design, or illegal interventions on the website. The buyer cannot claim rights from the seller based on system errors.
5.4 Purchases can be made from www.sdassist.com by Credit Card (Visa, MasterCard, etc.), PayPal, or Bank Transfer. Purchases for which payment is not completed will be canceled. The time of purchase is the moment when the necessary collection is made from the credit card account, the transfer (EFT) reaches the bank accounts, or the payment made via PayPal reaches the bank accounts. Payment methods such as cash on delivery or postal money order, which are carried out without consulting customer service, are not accepted.
Article 6: Rights and Obligations of the Buyer
6.1 The buyer accepts and undertakes to fulfill the obligations imposed on them in the contract in full, except in cases of force majeure.
6.2 The buyer accepts and undertakes that by making the purchase, they are deemed to have accepted the terms of this agreement and will make the payment in accordance with the payment method specified in the contract.
6.3 The buyer accepts and declares that they have been informed in a clear, understandable, and internet-appropriate manner on the www.sdassist.com website about the seller's name, title, full address, telephone, and other contact information, the basic characteristics of the goods subject to sale, the sales price including taxes, the payment method, delivery conditions and costs, etc., all preliminary information regarding the goods and the use of the "right of withdrawal" and how to exercise this right, the official authorities to which they can submit complaints and objections, etc., and that they have confirmed this preliminary information electronically.
6.4 In connection with the previous article, the Buyer declares that they have read and understood the purchase and payment conditions of the Product/Service, the content of the Product/Service, and the information in the General Terms and Conditions regarding the relevant Product/Service, and has given the necessary confirmation electronically.
6.5 If the Buyer wishes to return the purchased Product/Service, they accept and undertake not to damage the product and its packaging in any way, and to return the original invoice and delivery note at the time of return.
Article 7: Purchase/Payment Procedure
Purchase: After the type of Product/Service to be purchased is selected and the amount in Euro or TRY, including VAT, is approved by the buyer, the transaction is processed through the POS of the relevant bank card. Any disruption in the process or problems that may arise with the credit card will be notified to the buyer using one or more of the telephone/fax/e-mail methods specified in the contract. If necessary, the buyer may be asked to contact their bank. The time of purchase is the moment when the necessary collection is made from the credit card account, the Online Payment reaches the bank accounts, or the payment made via PayPal reaches the bank accounts.
Payment: On www.sdassist.com, buyers who do not wish to use their credit card information online are offered the option to purchase via bank transfer and PayPal. For payment by transfer, the buyer can choose the most suitable bank and make the transfer. If an Online Payment is made, the date it is credited to the account will be taken into consideration. When making an online transfer, the "Sender Information" must match the "Invoice Information" and the order number must be written. If the bank or financial institution does not pay the package price to the SELLER due to the unauthorized and unlawful use of the Buyer's credit card by unauthorized persons, through no fault of the Buyer, the purchase will be considered canceled, and the Seller cannot be expected to fulfill its obligations under this agreement. If the Buyer chooses to pay by credit card, the BUYER accepts, declares, and undertakes that they will separately confirm the relevant interest rates and information on default interest from their bank, and that the provisions regarding interest and default interest will be applied within the scope of the "Credit Card Agreement" between the Bank and the BUYER, in accordance with the current legislation.
Article 8: Procedure for the Right of Withdrawal
The buyer has the right to withdraw from the contract within seven days of purchasing the Roadside Assistance Package, without giving any reason and without paying any penalty. In accordance with the General Communiqué on Tax Procedure Law No. 385, for the return process to be carried out, the buyer must completely and correctly fill out the return sections at the bottom of the 2 invoices belonging to the seller, sign them, send one copy to the seller, and keep the other copy. The withdrawal period starts from the day the Roadside Assistance Package is purchased. If the buyer exercises their right of withdrawal, the seller will refund the total amount received and any documents that put the consumer in debt within ten days at the latest from the receipt of the invoice containing the withdrawal notice, without imposing any cost on the consumer. The general return period for any product purchased by mistake is also 7 (SEVEN) days. For a return, the situation must first be communicated to customer service. After this communication, the invoice containing the return information must be delivered to the seller. The return invoice that reaches the seller is accepted as a return, and the refund is made to the buyer's credit card/account. No refund will be made without the return of the invoice. The time it takes for refunds made to a credit card to be reflected in the credit card accounts is at the discretion of the relevant bank. In the case of a return of goods and services purchased by card, the seller cannot make a cash payment to the buyer as per the agreement with the Bank. The merchant, i.e., the seller, will process the refund through the relevant software, and since the merchant, i.e., the seller, is obliged to pay the relevant amount to the Bank in cash or by set-off, payment cannot be made to the buyer in cash according to the procedure detailed above. The refund to the credit card will be made by the Bank in accordance with the above procedure after the buyer has paid the amount to the Bank in a single installment.
Article 9: Privacy
The information specified by the buyer in this contract and the information provided to the seller for payment purposes will not be shared with third parties by the seller. The seller may disclose this information only within the framework of an administrative/legal obligation. In any judicial investigation with a documented research capacity, the seller may provide the requested information to the relevant authority if it is in their possession. Credit card information is strictly not stored; it is only used to obtain authorization by being securely transmitted to the relevant banks during the collection process and is deleted from the system after authorization. Information such as the buyer's e-mail address, postal address, and telephone number is used by the seller only for standard product delivery and information procedures. During certain periods, campaign information, information about new products, and promotional information may be sent to the buyer upon their approval.
Article 10: Competent Court and Enforcement Offices in Case of Dispute
In case of disputes arising from the application of this agreement, the Consumer Arbitration Committees up to the value announced by the Ministry of Industry and Trade each year in December, and the Consumer Courts at the Istanbul Anadolu Courthouse are authorized. In the event the sale is completed, the Buyer is deemed to have accepted all the terms of this agreement. …/…/…
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