The following "TRAINING AGREEMENT" has been entered into between the INSTITUTION and the PARTICIPANT, whose name (Title) and address are stated below, entirely at their own request and free will, under the specified terms and conditions.

 

 

 

ARTICLE 1: PARTIES

 

1. The parties' business, identification, and contact information.

 

1. A) THE INSTITUTION'S

 

Title: Ayko Education and Consulting Services Trade Limited Company Address: Bayar Caddesi No 99 Daire 6 Kozyatağı 34742 KADIKÖY / ISTANBUL Phone: 0216 360 88 44

Email: info@nystudio.com.tr

 

 

 

1. B) PARTICIPANT'S/BUYER'S

 

Turkish ID Number:

 

Full Name:

 

Place/Year of Birth: / — Phone:

Email Address:

 

Address:

 

 

 

Certificate Name:

 

1. The person who completes and approves the order for the service covered by this agreement shall be deemed the "BUYER" under this agreement and shall undertake to bear the costs arising from the agreement, such as the service fee, shipping fee, and tax payment.

, shipping costs, tax payments, and other expenses arising from the contract.

.

 

ARTICLE 2: SUBJECT

 

1. The subject matter of this contract is the sale, delivery, return, and dispute resolution of the product (digital content) specified at www.newyorkstudio.com.tr, as well as the characteristics of the training for which the BUYER has placed an order with the SELLER via remote communication, in accordance with the provisions of Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts

.

 

1. With this contract, the buyer agrees to the seller's address, title, the characteristics of the product subject to the contract

, the product price including tax and shipping fees, the payment method, the obligations arising from the contract, the conditions for exercising the right of withdrawal, the competent authorities in case of disputes

, that the information related to the subject matter is clearly shared on the website and that he/she has read and understood this information, that he/she has reviewed the contract text and completed his/her order based on this information, and that he/she is aware of any campaigns related to the product.

that the information and details have been shared on the website in a manner appropriate to the environment, and

that they have selected the product based on this information, have read this contract, and have approved it of their own free will and accord in accordance with the Turkish Code of Obligations.

ARTICLE 3: PRODUCT INFORMATION SUBJECT TO THE AGREEMENT

 

1. The information about the product subject to the agreement is clearly stated on the seller's website If the product is part of a campaign, the terms and dates of the campaign are shared among the product information, and the buyer's participation in the campaign is taken into account based on the date and time they confirmed their order after reading and accepting the terms of this agreement, not the date and time they started creating the order.

The payment time and method are specified in this contract, and a payment plan has been created in accordance with the express intentions of the parties.

1. The sales price of the product/service subject to the contract, including taxes, is specified below. 3.3. If the product/service subject to the contract is to be delivered to the buyer on the

buyer's request

will be delivered to the buyer with a material (CD, DVD, FLASH MEMORY, HARD DISK, etc.) that can be shipped, the shipping fee will be paid by the buyer and is not included in the product/service price. The seller reserves the right to offer promotions on shipping costs. The delivery terms for the service provided in accordance with this request are set forth in the remainder of this contract. The provisions regarding delivery shall only apply in cases where shipment is requested; in cases where the service/product is to be performed immediately via digital data transmission

where the service/product is to be performed immediately.

 

ARTICLE 5: DATE OF ESTABLISHMENT OF THE AGREEMENT AND FORCE MAJEURE

 

1. The contract shall be deemed to have been formed at the moment the buyer reads and approves the distance sales contract.

 

1. Circumstances that did not exist or could not be foreseen at the time the contract was signed, developed beyond the control of the parties, and which, upon their occurrence, make it impossible for one or both parties to fulfill their obligations and responsibilities under the contract, in whole or in part, or to fulfill them on time, shall be considered force majeure (natural disasters, war, terrorism, insurrection, changes in legislation, confiscation or strike, lockout, significant malfunction in production and communication facilities, etc.). The party affected by force majeure shall immediately notify the other party of the situation in writing. During the continuation of force majeure, the parties' obligations

They shall not be liable for any failure to perform. If this force majeure situation continues for 30 (thirty) days, each party shall have the right to terminate the agreement unilaterally.

ARTICLE 6: GENERAL PROVISIONS

 

1. By entering into this agreement, the buyer acknowledges that they have reviewed the product subject to the agreement on the website and accept its specified features, agree to make payment for the product in accordance with the terms,

that they have obtained the seller's address information, that the information they have provided is correct, and that they will be responsible for any problems that may arise if this is not the case, and that the fee will be paid on the payment date determined by the parties after the delivery of the product.

1. The seller undertakes to fulfill the obligations imposed on them by this contract, the obligations imposed on them by the Consumer Protection Law No. 6502 and the Distance Contracts Regulation, except in cases of force majeure.

2. It is clearly stated whether taxes are included in the price of the product specified in the contract.

The payment of taxes shall in any case be the responsibility of the buyer, and this amount shall be included in the total price to be paid

price.

 

1. If it has been agreed that the product/service will be delivered to the buyer in physical form (CD, flash drive, etc.) in accordance with the buyer's requests, it will be delivered to the address specified by the buyer within 30 days

address within 30 days. If the product does not reach the buyer within this period, the buyer reserves the right to cancel the order and terminate the contract.

1. If there is an error or discrepancy in the buyer's address, invoice, delivery address, or payment information, the seller will suspend the order and shipment and contact the buyer. If the seller cannot contact the buyer using the information provided, the seller may cancel the order by indicating the situation in the order details on the website so that neither party suffers any damage.

2. In the event of any disruptions during the preparation or shipment of the order, the seller will notify the buyer within 3 business days.

 

1. If the order is canceled for the reasons listed above and the buyer has made a payment, the relevant amount will be refunded to them within 14 business days.

2. Due to the nature of the distance learning sales contract, the seller can only determine whether the buyer has the capacity to enter into a contract based on the information shared and the confirmations made on the website. Therefore, the seller is not liable for any damages that may arise due to the person placing the order or the buyer not having the capacity to enter into a contract. The seller cannot be held liable for these reasons, and it cannot be expected that they will bear the consequences of either the inability to make the payment or any defects that may arise in the return of the product. In such cases, the buyer and their legal representative are responsible.

3. The seller undertakes to prepare the product for which the order has been placed in accordance with the order, with the features specified on the website; to deliver the user manual and warranty certificate, if any, to the buyer together with the product; to act with the good faith and honesty required for the delivery of the product to the buyer

and that the product will be in accordance with the order details when it leaves their custody.

1. The seller is responsible for delivery in accordance with the law and regulations until the product reaches the buyer or a third party designated by the buyer.

Delivery will be made by MNG Kargo (customer no: 74580147) to the address specified by the buyer in this contract. If the buyer requests delivery by a company other than the contracted shipping company specified above, the seller is only responsible for arranging for the buyer's shipment

The seller is not responsible for any problems that may arise after the order has been delivered to the shipping company. The relationship established with the shipping company will be on behalf of and at the expense of the buyer, in accordance with the choices made by the buyer when placing the order.

1. If the product(s) subject to the contract are to be delivered to a person/entity other than the Buyer, the Seller cannot be held responsible if the person/entity to whom the delivery is made refuses to accept the delivery.

2. If the Seller believes that the product subject to the order cannot be delivered to the Buyer due to force majeure, it shall immediately notify the Buyer of this situation. Upon notification, the Buyer may request that the order be canceled and the fee refunded, that the order be postponed until the date when shipment of the product included in the order can be made,

or request that the product in the order be replaced with another product that can be shipped. The Seller is not responsible for any delays experienced by the bank in processing the refund to the bank account.

1. The buyer agrees to receive campaign information and advertisements sent to the phone number and email address shared with the seller. If the buyer wishes to opt out of receiving this information

 

If the buyer wishes to opt out of receiving this information, they may contact the seller to request that the sharing of information be stopped.

1. The buyer shall exercise due care when using the website through which they interact with the seller. The buyer is responsible for any malfunctions or difficulties that may occur while using the site and accepts that the seller has no criminal or legal liability.

2. Access to the website where the seller promotes and sells their products may be provided through links shared on websites designed and used by third parties. In such cases, the seller is not responsible for the security of links shared on websites under the control of third parties. The buyer is responsible for any damages incurred as a result of visiting links believed to belong to the seller. If there are differences between the advertisements encountered on these sites

, the buyer accepts that the seller's own website shall prevail in the event of any differences between the advertisements encountered on these websites and the promotions on the seller's own website.

1. The buyer may not make any posts on the seller's website that would disturb the seller and third parties and violate their personal rights, and may not use the site for any purpose other than its legal

purpose, or upload viruses, programs, or similar virtual harmful elements to the site that may cause harm to the seller and third parties. In such

cases, the buyer accepts and undertakes to be responsible for any damages that may arise. The buyer is also responsible if the seller takes such damages to court.

1. The buyer cannot expect the seller to provide a tax deduction and cannot claim that the tax arising during the sale of the product will not be paid by them.

6.22. After delivery of the product(s), if the Bank or financial institution fails to pay the seller the price of the product(s) due to the unauthorized, unjust, or unlawful use of the buyer's credit card by unauthorized persons through no fault of the buyer, the buyer is obliged to send the product(s) to the seller at their own expense within 5 (Five) business days, with the delivery costs borne by the Buyer. Otherwise, the Buyer shall be liable to pay the price of the product(s).

6.23. If the participant/recipient has requested that the product/service be delivered to them using a durable data storage medium

, the provisions regarding the right of withdrawal are set forth in Article 9 of this agreement, and the participant/recipient acknowledges and declares that they have received the necessary information upon approving this distance sales agreement.

6.23.The product/service will be delivered to the buyer/participant primarily via the internet, and the provisions regarding delivery will apply in cases where the buyer requests that the service/product be delivered to them via a permanent data storage device. Accordingly, the type of performance of the service/product to be provided via digital data over the internet

the type of performance of the service/product provided via digital data over the internet is immediate performance.

 

The performance will be deemed to have been fulfilled by the institution when the participant/buyer logs in to the www.newyorkstudio.com.tr website using the username and password assigned to them and approves the preliminary information form and the distance selling agreement. Accordingly

the buyer's right of withdrawal as a result of the fulfillment that has taken place is addressed in Article 9 of this contract, and the participant/buyer accepts and declares that they have received the necessary

information.    ARTICLE     7:     PAYMENT METHOD

1. Payment by Credit Card: In order for the buyer to pay by credit card, they must fill in their credit card information completely and accurately in the relevant section.

Payment can be made in a single transaction with a credit card, or it can be divided into a number of installments determined within the scope of campaigns. The Bank

may organize campaigns to apply a higher number of installments than the number selected by the Buyer, and services such as installment deferral may be offered. Such campaigns are at the Bank's discretion, and if the Seller is aware of them, information about the campaigns will be provided at www.newyorkstudio.com.tr. Starting from the credit card statement date, the order total will be divided by the number of installments and reflected on the credit card statement by the Bank. The Bank may not distribute the installment amounts equally across months, taking into account any fractional differences. The creation of your detailed payment plan is at the Bank's discretion.

1. Payment by Bank Transfer: If the Buyer wishes to pay by bank transfer, the Buyer must transfer the payment to the Seller's account at TÜRKİYE İŞBANKASI, GALATASARAY/BEYOĞLU Branch, branch code 1011, account number 2032222, and IBAN number TR74 0006 4000 0011 0112 0322

22.

 

1. On the other hand, since installment sales can only be made with credit cards belonging to Banks

the Buyer agrees, declares, and undertakes to separately confirm the relevant interest rates and information regarding default interest from their bank, and that the provisions regarding interest and default interest shall be applied within the scope of the credit card Agreement between the Bank and the Buyer, in accordance with the provisions of the legislation in force.

ARTICLE 8: RETURN PROCEDURE

 

1. Credit Card Refund Procedure: In cases where the Buyer exercises their right of withdrawal, or where the product subject to the order cannot be supplied for various reasons, or where the Consumer Disputes Arbitration Board decides that the Buyer is entitled to a refund, if the purchase was made by credit card in a single payment or in installments, the refund procedure will be determined by the bank.

The Buyer hereby declares that they accept the refund procedure to be applied by the relevant bank in advance.

 

1. Refund Procedure for Wire Transfer Payment Options: For refunds in wire transfer payment options, the Buyer's bank account information will be requested, and the refund will be made to the account specified by the Buyer (the account must be in the name of the person listed on the invoice

address or the user member's name)

.

 

ARTICLE 9: RIGHT OF WITHDRAWAL

 

1. In accordance with the Consumer Protection Law No. 6502 and the Distance Contracts Regulation published in the Official Gazette No. 29188 dated 27/11/2014

as follows: "Computer programs, applications, games, music, video, and text, as well as any other data provided in digital form." A permanent data storage device is defined as "Any means or medium, such as text messages, e-mail, the internet, disks, CDs, DVDs, memory cards, and similar, that enables the consumer to record and copy without alteration, in a manner that allows them to examine the information sent by or to them for a reasonable period of time in accordance with the purpose of that information, and that allows access to that information in its entirety." The product/service subject to this agreement is a product or service to be delivered via digital data or a permanent data storage device as defined in the regulation.

1. Pursuant to Article 15, Paragraph 1, Item "ğ" of the Distance Contracts Regulation, "contracts relating to services performed immediately in an electronic environment or intangible goods delivered immediately to the consumer," the participant DOES NOT HAVE THE RIGHT TO WITHDRAW from the contract by returning the product or service they have purchased. By reading and approving this contract, the participant accepts and declares that they DO NOT HAVE THE RIGHT OF WITHDRAWAL as required by legal regulations.

2. If the delivery of the product or service to the participant/recipient is to be provided in accordance with the participant's or recipient's requests, using a durable data storage medium as defined in the regulation,

In accordance with Article 15, Paragraph 1, Item "e" of the Distance Contracts Regulation, "Contracts relating to books, digital content, and computer consumables provided in a tangible medium, where the protective elements such as packaging, tape, seal, or package have been opened after delivery of the goods." Accordingly, if the packaging of these products has been opened, RETURNS WILL NOT BE ACCEPTED, and this participant/purchaser WILL NOT BE ABLE TO EXERCISE THEIR RIGHT OF WITHDRAWAL. In this

In this case, in order for the right of withdrawal to be exercised within fourteen days, the package containing the permanent data storage device related to the service to be delivered must be unopened, and the packaging must be

unbroken. By approving this contract, the buyer/participant who does not act within the framework of this article acknowledges and declares that they will LOSE their right of withdrawal.

1. If, in accordance with the buyer's requests, the products or services are to be provided to the buyer with a permanent data storage device as defined in the regulation (CD, flash memory, DVD, etc.), the buyer may exercise their right of withdrawal under Article 9.3 of this contract if the packaging of the products has been opened

 

, the buyer undertakes to clearly state that they are exercising their right of withdrawal by notifying the seller in writing via email, telephone, or fax.

1. The fee to be refunded upon exercising the right of withdrawal is the fee collected during the establishment of the agreement. If, during the period when the refund is to be made, the campaign period has ended or the market value of the product has increased, resulting in a price difference from the price stated on the website, the buyer cannot claim this difference. Furthermore, if the buyer has not made any payment during the exercise of the right of withdrawal, the buyer cannot request payment of a fee and is obliged to return the product/service received under this contract.

ARTICLE 10: DEFAULT

 

1. Failure of the parties to fulfill their obligations arising from this Agreement

In such cases, the provisions of Turkish Code of Obligations No. 6098 shall apply. If the Seller is unable to deliver the product subject to the Agreement within the specified time due to force majeure events or extraordinary circumstances preventing transportation, such as adverse weather conditions, disruption of transportation, fire, earthquake, or flood, in such cases, the Buyer may exercise the right to cancel the order or postpone the delivery period until the impediment ceases, and the Seller shall bear no liability. If the Buyer cancels the order, the amount paid will be refunded within 10 (ten) days. (For installment purchases made with a credit card, the Buyer accepts the procedure determined by the bank for refunds to the credit card.)

1. If the Buyer has made the payment using a credit card, they are liable to the bank issuing the credit card within the framework of the agreements between them. If the Buyer defaults on their credit card debt, they are liable for the damages incurred by the Seller's inability to collect the full amount, including interest.

ARTICLE 11: PROTECTION OF PERSONAL INFORMATION AND PRIVACY POLICY

 

1. The SELLER may use the information provided by the BUYER through the www.newyorkstudio.com.tr website in accordance with the provisions of the "Privacy Policy" and "Website Terms of Use."

The SELLER may process this information and store it in a database

. The SELLER may also collect information such as the BUYER's identity, address, email address, phone number, IP address, which sections of the www.newyorkstudio.com.tr website they visited, domain type, browser type, date and time of visit, etc., for statistical

evaluation, announcing campaigns, and providing personalized services

for purposes such as statistical analysis, campaign announcements, and providing personalized services.

 

1. Personal information belonging to BUYERS will not be disclosed to real or legal third parties, except at the request of authorities authorized by law and in the cases listed below. The BUYER agrees that the personal information they provide may be used by the SELLER, its current and future affiliates, subsidiaries, partners, successors, and/or third parties or organizations designated by them for any kind of promotion, advertising, communication, sales, marketing, store card, credit card, and membership applications, to be recorded indefinitely or for a period they deem appropriate, to be kept in written/magnetic archives, to be stored, processed, updated, shared, transferred, and used, unless otherwise

unless otherwise specified,

If the BUYER wishes to change their data sharing preferences, they may submit this request through the communication channels specified by the SELLER. Information entered for membership, product/service purchase, and information update purposes on the www.newyorkstudio.com.tr website, as well as confidential information related to credit cards and bank cards, is not visible to other internet users.

1. The necessary measures for the security of the information and transactions entered by the BUYER on the WEBSITE have been taken in the system infrastructure on the SELLER's side, according to the nature of the information and transaction, within the scope of today's technical capabilities. However, since the information in question

information is entered from the BUYER's device, the responsibility for protecting it on the BUYER's side and preventing access by unauthorized persons, including measures against viruses and similar harmful applications, lies with the BUYER.

ARTICLE 12: OTHER PROVISIONS

 

1. The Buyer acknowledges that they have read all the terms and conditions and explanations set forth in this Agreement and in the order-contract pre-information (on the WEBSITE), which forms an integral part thereof.

and that they have prior knowledge of all matters written in this Agreement and the Pre- Information Form, including the basic characteristics and qualities of the Product(s) subject to sale, the sale price, payment method, delivery conditions, all other preliminary information about the Seller and the Product subject to sale

including the right of withdrawal and personal information/electronic communication conditions, and that they have seen all of these in electronic form on the WEBSITE and, by confirming/approving/accepting/consenting to all of these in electronic form, they accept the terms of this Agreement by ordering the Product.

1. The pre-information and invoice on the www.newyorkstudio.com.tr website are integral parts of this Agreement. Upon placing an order, the BUYER is deemed to have accepted all terms and conditions of this Agreement. The type and category of the Product, its quantity, brand/model, color, and sales price including all taxes are as specified in the information on the product's presentation page on the website www.newyorkstudio.com.tr and in the invoice, which is considered an integral part of this Agreement. The SELLER is not responsible for price update errors arising from technical reasons.

 

1. Both the aforementioned preliminary information and this Agreement are also sent to the email address provided by the Buyer to the Seller

The aforementioned email address is also used to send the order confirmation, which includes the order summary.

ARTICLE 13: COMPETENT COURT

 

1. The Buyer may submit any complaints or objections arising from this Agreement to the consumer disputes arbitration committee or consumer court in the location where the product was purchased or where the Buyer resides, within the monetary limits determined each December by the Ministry of Customs and Industry.

2. Where the buyer is also a merchant or is deemed to be a merchant, or where it is understood that the buyer has entered into a relationship with the seller for commercial purposes based on the order placed by the buyer,

the commercial courts where the seller's address is located shall have jurisdiction over any disputes arising therefrom.

ARTICLE 14: ENFORCEMENT

 

1. The seller undertakes to create software on the website that will declare that the buyer has read and accepted this contract

The seller undertakes to create software that will declare that the buyer has read and accepted this contract. The contract is deemed to have been established upon the buyer's reading and acceptance of the contract, and the buyer is obligated to pay the fee for the product/service within the payment plan mutually determined by the parties.

1. If the buyer has contacted the seller through a means of communication before the contract is established and subsequently made a transaction through the site, the previous discussions shall not have any effect or result, and the buyer and seller shall be liable to each other under this contract.

 

 

 

ARTICLE 15: TRAINING FEE AND PAYMENT PLAN

 

 

 

PAYMENT PLAN

 

 

 

CERTIFICATE

 

 

 

INSTALLMENT AMOUNT

 

INSTALLMENT DATE

 

 

 

This distance selling contract for the training service, consisting of 7 pages and 15 articles, was drawn up in two copies by the parties on 12.02.2019 and accepted and signed in accordance with a conscious consumer approach and in a manner appropriate to means of distance communication. (DATE)

 

 

 

PARTICIPANT                                                                   INSTITUTION AUTHORITY

 

Ayko Education and Consulting Services Co. Ltd.