SALES CONTRACT

1.      PARTIES

This Sales Agreement ("Agreement") has been established between the Buyer and the Seller electronically within the framework of the terms and conditions set out below. The Buyer and the Seller shall be referred to as "Parties" and separately as "Party" under the Agreement.

2.      DEFINITIONS

In the application and interpretation of the Preliminary Information Form and the Agreement, the terms written below shall mean the written explanations opposite them.

 

Buyer

:

The natural person who acquires, uses or benefits from the Product or Service for commercial or non-professional purposes,

 

Bank

:

Licensed banks established in accordance with the relevant Law and banks in foreign countries duly established and operating in accordance with the laws of foreign countries,

AccShop or

Electronic Commerce Intermediary Service Provider

:

AccShop, which operates the Platform where the Seller offers the Product / Service for sale with the system it has created and mediates the establishment of a distance contract on behalf of the Seller

 

Service

:

The subject of all kinds of consumer transactions, other than the provision of products, which are made or undertaken to be made in return for a fee or benefit,

 

Law

:

Relevant Law

Preliminary Information Form

:

A form prepared to inform the Purchaser of the minimum requirements set out in the Regulation before the conclusion of the Contract or the acceptance by the Purchaser of any offer in consideration thereof,

 

Platform

:

All websites, mobile applications, services and tools owned or managed by AccShop, regardless of how they are accessed,

 

 

Seller

:

Any natural or legal person, including individuals and AccShop itself, who offers Products or Services to consumers, whether for commercial, professional, or personal purposes, or acts on behalf of or under the account of a Product or Service provider, as outlined in the following information.

Contract

:

This Distance Sales Contract concluded between the Seller and the Buyer,

 

 

Product

:

Virtual products that are offered for sale by the Seller within the Platform and subject to the sale transaction within the Platform; digital games, digital game accounts & platforms, etc. user accounts prepared for use in digital media and their data, information, sound, image and similar elements,

Regulation

:

Related modalities

3.      SUBJECT AND SCOPE OF THE CONTRACT

3.1.               The subject of the Agreement is to determine the rights and obligations of the Parties in accordance with the provisions of the Law and Regulation in relation to the sale and delivery of the Product / Service with the qualifications specified in the Agreement, which the Buyer has ordered electronically on the Platform for the purchase of the Product / Service. The Parties accept, declare and undertake that they know and understand their obligations and responsibilities arising from the Law and Regulation under the Agreement.

3.2.               The conclusion of the Agreement shall not prevent the performance of the provisions of the contracts that the Parties have separately concluded with AccShop. In the Contracts where AccShop does not have the title of Seller, the Parties accept, declare and undertake that AccShop does not have any responsibility and commitment, except for those imposed on AccShop within the framework of the relevant Law and Regulation.

4.      MATTERS OF WHICH THE BUYER HAS BEEN INFORMED IN ADVANCE

The Buyer accepts, declares and undertakes that he/she has been accurately and completely informed about all general-specific explanations on the relevant pages and sections of the Platform and all matters related to the conclusion and execution of the Agreement, including those set out below, by this Agreement and the Preliminary Information Form and in other ways, and that he/she has read and understood them before the creation of his/her order and the establishment of this Agreement in relation thereto:

1.      Basic characteristics of the Product/Service

2.      Seller's name or title or tax identification number and contact details and other identifying information

3.      Tools-methods suitable for the purpose regarding the stages of the sales process during the purchase of the Product/Service from the Platform and the correction of incorrectly entered information

4.      Confidentiality, data use-processing and electronic communication rules applicable to Buyer information applied by AccShop, the scope of the permissions given by the Buyer to AccShop in these matters, the legal rights of the Buyer, the rights of the Seller and the procedures for the use of the rights of the Parties

5.      Delivery restrictions stipulated by the Seller for the Product/Service

6.      Payment methods and means accepted for the Product / Service, total sales price of the Product / Service including taxes

7.      Information on the procedures for the delivery of the Product/Service to the Buyer and additional costs such as delivery costs

8.      Other payment/collection and delivery information and duration regarding the Product/Service and other information regarding the performance of the Contract and the responsibilities of the Parties in these matters

9.      Information on the conditions under which the Buyer will not benefit from this right in cases where the Buyer cannot use the right of withdrawal or will lose this right, including the failure to use the right in due time

10.  In cases where the Buyer has the right of withdrawal, the conditions, duration and procedure for exercising this right, the procedure foreseen by the Seller for the return and all financial issues (including the return method and cost, the return of the price subject to the Contract and the discounts and deductions earned/used by the Buyer during the return)

11. Electronic mail information where withdrawal notification will be made

12.  Deposits or other financial guarantees to be paid or provided by the consumer, if any, upon the request of the Seller, and the conditions related thereto

13.  Technical protection measures that may affect the functionality of digital content

14.  Details of the conditions for the Buyer to benefit from various opportunities that may be applied on the Platform from time to time

15.  information that the Seller knows, or could reasonably be expected to know, about the hardware or software with which the digital content may interoperate

16.  All other terms of sale included in the Contract according to its nature and the information that the Contract will be sent to the Buyer by e-mail at the request of the Buyer after the Contract is approved and established by the Buyer on the Platform and that the Contract can be accessed by the Buyer from the membership account,

17.  Information that the Buyer may apply to the Consumer Court or the Consumer Arbitration Committee in case of disputes.

5.      BUYER, SELLER, ELECTRONIC COMMERCE INTERMEDIARY SERVICE PROVIDER INFORMATION

 BUYER INFORMATION

Person to be Delivered

:

[1] E-Mail for Product to be Delivered (Access Information)

:

Telephone

:

 SELLER INFORMATION

Trade Name / Name and Surname of the Seller

:

Seller's Address

:

Seller's Telephone

:

Seller E-mail Information

:

 ELECTRONIC TRADING INTERMEDIARY SERVICE PROVIDER INFORMATION

Electronic Commerce Intermediary Service Provider Title

:

MANS DIGITAL FZCO

Electronic Commerce Intermediary Service Provider Address

:

Dubai, United Arab Emirates

Electronic Commerce Intermediary Service Provider Telephone

:

Electronic Commerce Intermediary Service Provider Complaint/Suggestion Channels

:

E-mail address should be written for complaints and suggestions

6.      PRODUCT/SERVICE INFORMATION

6.1.               The main features of the Product (type, quantity, price) are available on the Platform and can be examined in detail on the Platform.

6.2.               All amounts to be paid for the Product/Service (sales price including all taxes, open market and/or total discount amount entitled for purchases made simultaneously from multiple Sellers, etc.) are shown in the table below.

Product/Service Description

Quantity

Advance Price

Interim Total (Including VAT)

 

Total

[2] E-Mail for Product to be Delivered (Access Information)

:

Person to be Delivered

:

Invoice Address

:

Order Date

:

●/●/●

Delivery Time

:

[3] Within 1 week at the latest from the order

Terms of Delivery shall apply as stated on the product page.

Exceptions in the provisions of the Agreement and the relevant legislation are reserved.

6.3.               The price of the Product/Service may be charged to the Buyer directly by the Seller or by AccShop on behalf of the Seller. If the Buyer makes a payment to AccShop for a Product/Service to be purchased from the Seller according to the instructions on the Platform, the Buyer shall be released from the payment obligation to the Seller with this payment and shall not be obliged to pay the Seller separately. The Buyer's right of return under the relevant legislation is reserved.

7.      GENERAL PROVISIONS

7.1.               The Seller accepts, declares and undertakes to deliver the Product / Service in full, in accordance with the qualifications specified in the order and with other information and documents that must be delivered with the Product / Service in accordance with the legislation.

7.2.               The Product (account access information for the Product that is the subject of the sale) is delivered to the Buyer directly through the Platform, and a notification regarding the delivery is sent to the e-mail address specified by the Buyer. In the event that the Seller fails to fulfil its performance within the period specified above, the Buyer may terminate the Agreement. In addition, the delivery period for the Product/Service whose order status is specified as "Pre-Order" may exceed 30 (thirty) days.

7.3.               The Seller may supply an equivalent Product/Service by informing the Buyer via the Platform and obtaining its explicit consent before the expiry of the performance obligation arising from the Contract.

7.4.               In cases where the fulfilment of the Product / Service performance becomes impossible, the Seller is obliged to notify the Buyer in writing within 3 (three) days from the date of learning of this situation and to return all payments collected within 14 (fourteen) days at the latest from the date of notification. The fact that the Product / Service is not in stock is not accepted as the impossibility of fulfilment of the Product / Service performance.

7.5.               If the right of withdrawal is to be used by the buyer, the 'Receive Product' option on the product delivery page should not be approved. For digital products, it will not be possible for users who declare that they have received the Product to use the right of withdrawal.

7.6.               The Buyer is obliged to pay the price subject to the Contract and accepts, declares and undertakes that the non-payment of the price subject to the Contract for any reason and / or its cancellation in the Bank's records will terminate the Seller's obligation to deliver the Product / Service and other obligations arising from the Contract. The Buyer accepts, declares and undertakes that the Seller does not have any responsibility for the payments sent by the Bank with a failed code for any reason but made by the Bank to the Seller despite this.

7.7.               The Buyer accepts, declares and undertakes that if the price subject to the Contract is not paid to the Seller by the relevant Bank as a result of the unfair use of the credit card belonging to the Buyer by unauthorised persons after the delivery of the Product, it shall return the Product to the Seller within 3 (three) days at the Buyer's expense.

7.8.               In cases where a refund is required to be made to the Buyer for any reason within the scope of the Agreement, if the Buyer has made the payment by credit card, the Buyer accepts, declares and undertakes that the average process of reflecting the amount returned to the credit card by the Seller to the Buyer's account by the bank may take 2 (two) to 3 (three) weeks, that the reflection of this amount to the Buyer's accounts after the return of this amount by the Seller to the Bank is entirely related to the Bank's transaction process and that the Bank is responsible for possible delays and cannot hold AccShop and the Seller responsible for them.

7.9.               In the event that the Buyer and the credit card holder used during the order are not the same person or if a security vulnerability is detected regarding the credit card used in the order before the delivery of the Product / Service to the Buyer, the identity and contact information of the credit card holder, the statement of the credit card used in the order for the previous month or the card holder may be requested from the Buyer to submit a letter from the Bank stating that the credit card belongs to him. The order will be frozen during the period until the Buyer provides the information / documents subject to the request, and if such requests are not met within 24 (twenty-four) hours, the Seller has the right to cancel the order.

7.10.           In the event that the Product / Service not ordered is sent, no rights can be asserted against the Buyer. In these cases, the Buyer's silence or use of the Product / Service in question cannot be interpreted as a declaration of acceptance for the establishment of the contract.

7.11.           The number of Products/Services that the Buyer may order may be restricted by announcements to be made on the Platform. If the Buyer wishes to order Products/Services above the quantity specified in the announcements made on the Platform, he/she may be prevented from placing an order, and if he/she can determine that he/she has placed an order above the specified quantity after placing the order, his/her orders above the specified quantity may be cancelled, and in this case, all payments collected, including delivery costs for cancelled orders, if any, will be returned to the Buyer within the legal period. The Buyer accepts, declares and undertakes that he/she has created his/her order by accepting these matters and that his/her orders exceeding the quantity limitation may be blocked and cancelled.

7.12.           Orders that the Seller cannot supply for any reason may be transferred to another Seller, provided that the Buyer's approval is obtained, provided that it does not exceed the legal delivery time in the legislation and has the same characteristics as the Buyer's Product / Service. In such a case, the Product/Service shall be sent to the Buyer by the new Seller and the Contract shall be established between the new Seller and the Buyer. In this case, the Buyer shall not be charged any additional price, fee and/or expense.

7.13.           The Buyer will be able to submit his/her requests, complaints and suggestions as a consumer through the communication channels of the Platform specified in Article 5 of the Agreement.

7.14.           The Buyer confirms the delivery of the Product at the time of receipt through the Platform. This confirmation solely indicates that the delivery process has been completed and does not signify that the Buyer has inspected the Product or accepted its compliance with the specifications of the Agreement. The Buyer must report any defects, malfunctions, or inconsistencies in the Product to the Seller within 24 (twenty-four) hours of confirming the delivery. After this period, the Seller shall not be held responsible for any issues, and the Buyer assumes full responsibility for the Product.

7.15.           The Product is covered by a 7 (seven) day warranty period (Buyer Protection) starting from the date of delivery confirmation by the Buyer on the Platform. During this warranty period, if the Product develops any defects or malfunctions not caused by the Buyer, the Seller is responsible for resolving the issue. Resolution options include:

a) Replacement of the Product with a new one,
b) Refund of the Product's price to the Buyer's balance within the Platform, or
c) A full refund of the Product's price.

The warranty does not cover issues arising from improper use, modification, or external damage caused by the Buyer. The Buyer must report any warranty-related issues to the Seller through the Platform within the 7-day period.

For more details on the warranty policy, please refer to the Buyer Protection Page.

7.16.           The Buyer has the option to purchase an Extended Warranty during the checkout process for an additional fee equal to 20% of the Product's price. If the Buyer chooses to purchase the Extended Warranty:

a) The warranty period for the Product is extended to 14 (fourteen) days starting from the date of delivery confirmation by the Buyer on the Platform.
b) The terms and conditions of the standard 7-day warranty apply to the Extended Warranty period, including the Seller's responsibilities for resolving issues through replacement, refund to the Buyer's Platform balance, or a full refund.
c) The Buyer must select the Extended Warranty option before completing the payment for the Product.
d) The Extended Warranty fee is non-refundable under any circumstances, including returns or cancellations, as it is solely the cost of providing additional warranty coverage.

For more details on the warranty policy, please refer to the Buyer Protection Page.

7.17.           The warranties provided in Articles 7.15 and 7.16 are strictly limited to the terms and conditions outlined in the Warranty Policy Page, respectively. No claims or requests outside the scope of these policies shall be considered under the warranty.

8.      SPECIAL CONDITIONS

8.1.               In case of payment by credit card through the Platform, the Bank may organise campaigns and apply a higher number of instalments than the number of instalments selected by the Buyer or offer additional services such as instalment postponement. Such campaigns are at the initiative of the Bank. As of the account cut-off date of the Buyer's credit card, the order total will be divided by the number of instalments and reflected on the credit card summary by the Bank. The Bank may not distribute the instalment amounts equally to the months taking into account the fraction differences. The creation of detailed payment plans is at the discretion of the Bank.

8.2.               As the Products are digital products, they are not suitable for physical dispatch and as a result of the sale transaction, Product deliveries will be made to the Buyer's account on the Platform via the Product Delivery Page.

8.3.               Notifications regarding delivery shall be made by e-mail to the e-mail address specified by the Buyer. The provisions in the Agreement and the Preliminary Information Form shall be interpreted to the extent and in the manner applicable to digital products.

9.      PROTECTION OF PERSONAL DATA AND INTELLECTUAL AND INDUSTRIAL RIGHTS

9.1.               The Seller shall process the personal data within the scope of this Agreement only for the purpose of providing the Product / Service, in accordance with the "PDPL (Federal Decree-Law No. 45 of 2021 on the Protection of Personal Data)" and secondary legislation. The Seller accepts, declares and undertakes that it will not process the personal data of the Buyer other than the personal data accessed through the Platform and will not contact the Buyer externally other than the methods provided through the Platform.

9.2.               The Buyer accepts, declares and undertakes that it is obliged to check that the personal data provided under this Agreement is accurate, complete and up-to-date, not to share this information with third parties, to take the necessary measures, including those related to viruses and similar harmful applications, in order to prevent access by unrelated persons, and to ensure the security of such personal data, otherwise it is personally liable for any damages and requests from third parties.

9.3.               All intellectual-industrial rights and property rights, except those belonging to other third parties according to the Seller's agreement; all intellectual-industrial rights and property rights belong to AccShop regarding all kinds of information and content belonging to the Platform and their arrangement, revision and partial / complete use.

10.  RIGHT OF WITHDRAWAL

10.1.           The Buyer has the right to withdraw from the Contract within 14 (fourteen) days without any justification and without any penal clause, provided that the Product has not been confirmed and delivered through the Platform. Once the Buyer confirms the delivery of the Product on the Platform, the Product is considered delivered, and the right of withdrawal shall no longer apply.

10.2.           The right of withdrawal period starts on the date the Contract is established (the date the order is placed) and continues for 14 (fourteen) days. However, the right of withdrawal shall no longer apply once the Product is delivered to the Buyer through the Platform.

10.3.          The right of withdrawal can only be exercised before the Product is delivered to the Buyer through the Platform. Once the Product is delivered, the right of withdrawal shall no longer apply.

10.4.           Seller

a)      In the event that the Buyer exercises the right of withdrawal before the delivery of the Product, the Seller is responsible for refunding the Contract price and any delivery costs to the Buyer within 14 (fourteen) days from the date of receipt of the withdrawal notification.

b)     In the event that the Buyer exercises the right to terminate the Contract due to the failure to deliver the order within the legal period, the Seller is responsible for refunding the Contract price and any delivery costs to the Buyer within 14 (fourteen) days from the date of receipt of the termination notification.

10.5.           The notification of the right of withdrawal and other notifications regarding the Agreement must be made through the communication channels of AccShop and/or the Seller specified on the Platform in accordance with the legislation and within the time limit.

10.6.           In case the right of withdrawal is exercised:

a)      The Buyer is not required to return any Product, as the right of withdrawal applies only before the delivery of the Product on the Platform.

b)      If the Product is part of a promotional offer that includes additional items (e.g., gifted items), the right of withdrawal is valid only if the entire promotional package has not been delivered or activated.

10.7.           If the Buyer exercises the right of withdrawal before the Product is delivered, no liability arises for any changes or deterioration in the Product, as the Product has not yet been accessed or used.

10.8.       The Buyer shall exercise the right of withdrawal within the period and procedures specified in this article and otherwise shall lose the right of withdrawal.

11.  CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

11.1.           The buyer cannot use the right of withdrawal in the following contracts:

1.      Contracts for goods or services whose price fluctuates due to changes in financial markets and are beyond the control of the Seller or AccShop.

2.      Contracts for goods prepared specifically according to the wishes or personal needs of the Buyer.

3.      Contracts for digital products, such as account access information, software, or other digital content, where the delivery has been completed on the Platform and the Buyer has confirmed receipt of the Product.

4.      Contracts for services performed instantly in electronic mediaand contracts for intangible goods delivered instantly to the Buyer

5.      Before the expiry of the right of withdrawal, the right of withdrawal shall not be exercisable in contracts for services whose performance has started with the approval of the Buyer.

11.2.           In the event that the Product/Service consists of the Product/Service types listed in Article 3.3 of the Agreement, which are excluded from the scope of application of the Regulation, the right of withdrawal cannot be used since the provisions of the Regulation cannot be applied to the legal relationship between the Buyer and the Seller.

11.3.           In cases where an electronic code is purchased through the Platform, there will be no right of withdrawal in accordance with the Regulation. In terms of these orders, a return code cannot be created on the Platform.

12.  DISPUTE RESOLUTION

The Dubai Courts shall be competent for the enforcement of the Agreement.

13.  NOTICES and EVIDENCE AGREEMENT

13.1.           All correspondence between the Parties under the Agreement shall be in writing, except in mandatory cases listed in the legislation.

13.2.           The Buyer accepts, declares and undertakes that AccShop's and the Seller's commercial books, computers, records and other documents shall constitute binding, conclusive and exclusive evidence in disputes that may arise from the Agreement, and that this article is in the nature of an evidential contract.

14.  EFFECTIVENESS

The Agreement consisting of 14 (fourteen) articles has been read by the Parties and concluded and entered into force on the transaction date by being approved electronically by the Buyer. A copy of the Agreement is available in the Buyer's membership account and can also be sent by e-mail upon request.

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