TERMS AND CONDITIONS
DISTANT SALES CONTRACT
Title: Nekodu Technology Inc
Address: 312 W 2nd St, Casper, WY 82601, USA
Title: Nekodu Teknoloji LTD
Address: Çınarlı Mh. 1572. Sk. No:33 35170 Konak, İzmir, Türkiye
The terms "WE", "US", "OUR", "OURS", "SELLER", "SUPPLIER", "SERVICE PROVIDER", "NEKODU", and "NEKODU TECHNOLOGY” in this contract (CONTRACT or AGREEMENT) refers to the companies NEKODU TECHNOLOGY INC and NEKODU TEKNOLOJİ LTD.
The terms "YOU", "YOUR", "YOURS", "CONSUMER", "SERVICE CONSUMER", "USER" and "BUYER" refer to any person or organization that accepts this CONTRACT and makes a request to become a party of this CONTRACT.
The terms "SITE" and "WEBSITE" refer to the website www.digigammon.com and the related electronic channels belonging to this domain name.
The terms "DIGITAL PRODUCT" and "ELECTRONIC PRODUCT" cover all intangible program and software like products that are developed by Nekodu Technology and released for the USER’s digital access (example: Digigammon Digitimer and Digigammon Transcriptor software)
The term "PHYSICAL PRODUCT" refers tangible hardware and devices sold by Nekodu Technology (example: Digigammon Monster Kit and other hardware)
The term "PRODUCT" covers Nekodu Technology’s physical and digital products.
"PLACE OF DELIVERY" refers to the place and location notified by the SELLER and approved by the BUYER (sample event location, etc.)
The subject of this CONTRACT is the determination of responsibilities, the rights and obligations of the parties, BUYER and SELLER, in accordance with the provisions of the Law No. 4077 on the Protection of Consumers (TKHK) amended by Law No. 4822 and the provisions of the Regulation on the Application Principles and Procedures of Distant Contracts or in accordance with the provisions of the consumer protection legislation of the country where the CONSUMER is located regarding the sale and delivery of the products whose content and sales price are specified in the CONTRACT and on the SITE, which have the qualifications mentioned in the CONTRACT, which the BUYER orders electronically from the www.digigammon.com website of NEKODU TECHNOLOGY (SELLER) or any electronic channel.
By ordering, installing, using or in any way accessing the products and services of the SELLER, the BUYER accepts this contract, the Privacy and Security Policy, and End User License Agreement (EULA).
2. Product Features
Products Purchased and Number of Units:
Sales Price Including All Taxes:
Delivery of the Product, Place of Execution of the Contract and Method of Delivery:
BUYER will have access to the sold ELECTRONIC PRODUCTS on the PLACE OF DELIVERY with SELLER’s support by the digital transfer of the product to the BUYER’s requested e-mail address or to another electronic data carrier device notified by the BUYER.
Sold PHYSICAL PRODUCTS, depending on the type of product and the BUYER's request, will be delivered to the person specified by the BUYER at the PLACE OF DELIVERY with SELLER’s support.
3. Delivery Costs and Execution
In case BUYER orders the products that are put on sale by the SELLER on the SITE, the delivery costs of the sale of products belong to the BUYER in accordance with the TKHK No. 4077. If the SELLER has declared on the website that SELLER will cover the delivery fee of those who shop above the SELLER’s announced figure or as in the way SELLER announced, only then the delivery cost belongs to the SELLER. Even if the BUYER is not present at the PLACE OF DELIVERY, the SELLER shall be deemed to have fulfilled the delivery obligations and the performance of the product in full and in full. For this reason, any damages arising from the late receipt of the product by the BUYER and the expenses incurred due to the return of the product to the SELLER belong to the BUYER. Delivery is made at the PLACE OF DELIVERY after the stock is available and the product price is transferred to the SELLER's account.
The SELLER is obliged to notify the BUYER if the SELLER cannot deliver the product subject to the contract within the period due to extraordinary situations like a stock-out and similar commercial impossibilities, unexpected circumstances, force majeure or extreme weather conditions preventing delivery, interruption of transportation preventing delivery. For the delivery of the product subject to the contract, a signed copy of this contract must be delivered to the SELLER and the price must be paid with the payment method offered by the SELLER and preferred by the BUYER. If for any reason 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.
There is no delivery cost for the DIGITAL PRODUCTS that are delivered and executed in full and on time by the SELLER by sending to the electronic mail account notified by the BUYER or by transferring to another electronic data carrier device belonging to the BUYER.
4. Buyer’s Declarations and Commitments
The BUYER shall inspect the product subject to the contract before receiving it and shall not receive the damaged and defective product such as dents, broken, torn packaging, etc. The delivered product shall be deemed to be undamaged and intact. The obligation to carefully protect the product after delivery belongs to the BUYER.
The delivery and performance of the product is fully and duly fulfilled by the SELLER by sending an ELECTRONIC PRODUCT to the electronic mail account notified by the BUYER or by transferring it to another electronic data carrier device belonging to the BUYER.
The right of withdrawal by the BUYER is limited to a maximum of 1 (one) day for the PHYSICAL PRODUCTs and this right expires 24 (twenty-four) hours after the delivery and performance of the product. In special cases such as campaigns etc. notified by the SELLER, the BUYER's right of withdrawal may be extended until the end of the event held at the PLACE OF DELIVERY under the conditions notified by the SELLER.
If the right of withdrawal is to be used by the BUYER, the invoice must be returned. If the original invoice is not submitted, VAT and other legal obligations, if any, cannot be refunded to the BUYER. The delivery cost of the product returned due to the right of withdrawal is covered by the BUYER. In case of immediate delivery in electronic environment, the use of the right of withdrawal is not available in terms of the form of performance and product characteristics, and the BUYER does not have any right of withdrawal for the DIGITAL PRODUCTS.
After the delivery of the product, if the relevant bank or financial institution does not pay the product price to the SELLER due to the unfair or unlawful use of the credit card belonging to the BUYER by unauthorized persons in a way not caused by the BUYER's fault, the BUYER is obliged to send the product to the SELLER within 3 (three) days, provided that it has been delivered to the BUYER. In cases such as the use of the right of withdrawal or the return of the defective product, the shipping costs are covered by the BUYER and the delivery expenses belong to the BUYER. In addition, the BUYER accepts that the delivery made to the person notified by the BUYER at the PLACE OF DELIVERY will be deemed as delivery to the BUYER.
If the product subject to the sale is an ELECTRONIC PRODUCT, the SELLER has no obligation to monitor or control the use of the product duly delivered to the BUYER in electronic environment by the SELLER from this moment on. There is no delivery cost in the sale of ELECTRONIC PRODUCTs, and no withdrawal declaration or refund request can be made due to its nature.
If the SELLER, the BUYER and / or third parties suffer damages due to the BUYER's negligence, defects, intentions and errors or due to the violation of one or more of the articles listed in the contract, the SELLER shall have no material, financial, moral and other liability. In addition, the BUYER accepts, declares and undertakes to indemnify SELLER against any damages that the SELLER may incur for this reason.
By using the products and services of the SELLER in any way, the BUYER declares that he / she is at least 18 years old (or older) and that he / she understands and accepts this contract.
The information provided by the BUYER must be accurate, complete, up-to-date and must not contradict the law. The BUYER is responsible for the accuracy of all information shared with the SELLER; The SELLER is not responsible for any problems or violations to be experienced in this context.
The SELLER is not responsible for the BUYER's continuous misuse of the products provided by the SELLER; to act in bad faith; to act in a way that disrupts public order, contrary to general morality, disturbing and harassing others, for a purpose contrary to the law, to act in a way that infringes the intellectual and copyright rights of others or to act in any way contrary to this contract.
The SELLER reserves the right to change or terminate any service provided to the BUYER. The SELLER always has the right to unilaterally delete files, documents and information belonging to the BUYER for any reason it deems necessary. The BUYER accepts this disposal in advance. In this case, the SELLER has no responsibility to the BUYER except for the obligations arising from the legislation.
Protective measures have been taken within the current possibilities in order to ensure that the electronic products provided by the SELLER to the BUYER are free of viruses and similar software. In addition, in order to ensure ultimate security, the BUYER is required to supply its own virus protection system and provide the necessary protection. In this context, the BUYER is deemed to have accepted that he / she is responsible for all errors that may occur in his / her software and operating systems and the disruption of the functionality of electronic products due to their direct or indirect consequences.
The products and/or services used for the provision of the products and services within the scope of the AGREEMENT belong to the SELLER; Since it is protected under the Law on Intellectual and Artistic Works, the BUYER shall not copy, process, modify, modify, disseminate and disrupt the functioning / operation of the content and / or technical infrastructure (code, functioning, etc.) that the BUYER has obtained or may obtain through the product or service shared with him in any way (such as reverse engineering). The BUYER is obliged to ensure that persons who have access to the products and services due to him/her do not make such attempts.
The BUYER agrees that all transactions and actions against the SELLER shall be in accordance with this CONTRACT, applicable legislation and morality.
5. Seller's Declarations and Commitments
The SELLER is responsible for delivering the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any. 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 for the refusal of the person/organization to accept delivery.
The SELLER undertakes that the BUYER has the right to withdraw from the contract by refusing the product without using it within the first 24 (twenty-four) hours after receiving the product at the PLACE OF DELIVERY without any legal and criminal liability and without any justification, and to take back the product from the date of receipt of the withdrawal notification to the SELLER/SUPPLIER. In special cases such as campaigns etc. notified by the SELLER, this right of withdrawal may be extended until the end of the event held at the PLACE OF DELIVERY under the conditions notified by the SELLER. The SELLER shall return the product price and negotiable instruments, if any, within 10 (ten) days after receipt of the withdrawal declaration. The SELLER shall take back the product within the first 24 (twenty-four) hours after delivery without any use at the PLACE OF DELIVERY. In special cases such as campaigns etc. notified by the SELLER, this right of withdrawal may be extended under the conditions notified by the SELLER until the end of the event held at the PLACE OF DELIVERY.
If there is a defect claim in the product, the SELLER may, for justifiable reasons, supply the product of equal quality and price to the BUYER before the performance period in the contract expires. If the SELLER thinks that the delivery of the product is impossible, it notifies the BUYER before the expiration of the performance period of the contract. In this case, the BUYER may use one of the rights to cancel the order, to replace the product subject to the contract with a precedent, if any, and / or to postpone the delivery period until the preventive situation disappears. If the BUYER cancels the order, the price paid and the documents, if any, are returned within 10 (ten) days. Defective parts or subproducts, if any, of the sold products with the warranty certificate can be sent by the BUYER to the relevant technical service for the necessary repair within the warranty conditions.
For the ELECTRONIC PRODUCTS, due to the nature of the product, it is not possible to request a refund or declare withdrawal when the delivery takes place.
6. Characteristics of the Product Subject to the Contract
The kind and type of the Product, Quantity, Brand / Model, Color and Sales Price Including All Taxes are as stated in the information on the product introduction page on the website www.digigammon.com and in the invoice, which is considered an integral part of this contract. The SELLER is not responsible for price update errors caused by technical reasons.
7. Product Price and Payment Schedule
The price of the product is included in the invoice. With this contract, the products subject to sale are not subject to installment or term sale, but are subject to the one-time payment model at the time of sale.
Due to the characteristics of the products subject to sale on this site as explained and expressed in this contract, payment is made one-time with immediate execution, and there is no application such as a payment plan and its consequences.
8. Right of Withdrawal
Pursuant to the Consumer Legislation; the BUYER may exercise the right of withdrawal within the first 24 (twenty-four) hours after the delivery of the PHYSICAL PRODUCT subject to the CONTRACT to him/her at the PLACE OF DELIVERY, if he / she does not use the product. The BUYER loses the right of withdrawal after the expiration of the first 24 (twenty-four) hours after receiving the relevant product by the SELLER and then the BUYER's right of withdrawal cannot be used in any way. In special cases such as campaigns etc. notified by the SELLER, this right of withdrawal may be extended under the conditions notified by the SELLER until the end of the event held at the PLACE OF DELIVERY.
In order to exercise the right of withdrawal, the SELLER must be notified by e-mail or telephone within the same period. If this right is exercised, the original invoice for the product delivered to the 3rd person or the BUYER must be returned. If the BUYER is a company / organization, the phrase "return invoice" must be written on the invoice to be sent with the product. The product price is returned to the BUYER within 10 (ten) days following the receipt of the notice regarding the right of withdrawal. If the original invoice is not submitted, VAT and other legal obligations, if any, cannot be refunded to the BUYER.
ELECTRONIC PRODUCTS (e.g. Digigammon Digitimer and Digigammon Transcriptor software) cannot be subject to the right of withdrawal as they are products within the scope of contracts for services performed instantly in electronic media and intangible goods delivered to the consumer instantly.
9. Force Majeure
Unforeseen by the SELLER and the BUYER during the establishment of this contract, natural disasters, war, mobilization, fire, terrorist acts, explosion, long-term and general comprehensive power and / or internet outage, ddos or similar physical or virtual attacks that stop or disrupt the operation of internet services, sabotage, which partially or completely eliminate the performance of the obligations arising from this contract, are considered force majeure.
If the SELLER cannot fulfill or delay its obligations in this contract due to force majeure, the SELLER cannot be held responsible for its obligations that it cannot fulfill or delayed as a result of force majeure and this situation cannot be considered as a violation of this contract.
Notifications to be sent by the SELLER and the BUYER to each other due to this contract will be sent to the address or e-mail addresses specified in the sales channels. In case of a change in the address or e-mail address specified by the SELLER and the BUYER in the sales channels, the person making the change shall immediately update the address or e-mail address. Otherwise, all notifications to be made to the addresses and e-mails specified in the sales channels will have all legal consequences of valid notification.
11. Event of Default and Legal Consequences
If the BUYER defaults in the transactions made with the credit card, the cardholder will pay interest within the framework of the credit card agreement made with the bank and will be liable to the bank. In this case, the relevant bank may apply for legal remedies; may request the costs and attorney's fee from the BUYER and in any case, if the BUYER defaults due to the BUYER's debt, the BUYER agrees to pay the damage and loss of the SELLER due to the delayed performance of the debt.
The SELLER processes the personal data of the BUYER within the framework of the Personal Data Protection Law No. 6698; The Privacy and Security Policy, which is an integral part of this contract, which includes the SELLER's privacy rules regarding the protection of personal data, can be accessed here.
12. End User License Agreement (EULA)
By ordering, installing, using or in any way accessing the ELECTRONIC PRODUCTS and services (digital products, programs, software, etc.) of the SELLER, the BUYER accepts the "End User License Agreement (EULA)" stored and registered in the file, named "LICENSE", contained in these products.
14. Language of Terms
Even if the SELLER provides translated versions of the Distant Sales Agreement, Privacy and Security Policy, End User License Agreement (EULA) or other rules or policies from Turkish to other languages, this is for informational purposes only. If the translated versions mean something different than the Turkish version, then the Turkish version will be the version that applies. In the absence of a Turkish version, then the English version will be the version applies.
14. Dispute Resolution
In case of disputes that may arise between the BUYER and the SELLER, if the problem cannot be resolved mutually, Turkish Law will be applied; Izmir Courts and Enforcement Directorates are authorized to resolve disputes.
The BUYER's ordering of the relevant products through the aforementioned sales channels means that the BUYER has read, understood, and accepted all the articles contained in this contract. The CONTRACT has been concluded at the time of the BUYER's order and has entered into force mutually.
PRIVACY AND SECURITY POLICY
The Privacy and Security Policy has been created to enlighten the USERS regarding the protection of the data to be provided to NEKODU by the persons (referred to as USER) who will benefit from any of the products and services provided by NEKODU TEKNOLOJİ LİMİTED ŞİRKETİ (NEKODU) on any platform (www.digigammon.com website or mobile applications, etc.) and grouped under the name DIGIGAMMON. The use of DIGIGAMMON services means that the USER has read, understood and accepted this information. It is the USER's responsibility to terminate the use of DIGIGAMMON products and services if there is a provision in the Privacy and Security Policy that he / she does not accept. NEKODU may interrupt the use of DIGIGAMMON products and services or terminate the use and support of DIGIGIGAMMON products and services at any time and without the permission or approval of any person.
2. Data Collection
All data belonging to the USERS (information such as name, surname, address, e-mail address or telephone number, etc.) shared directly with NEKODU during the use of any DIGIGAMMON product and service offered on any platform are collected by NEKODU within the scope of the relevant legislation.
NEKODU may collect all of the following personal information of USERS who benefit from DIGIGAMMON products and services:
• Device information such as IP address, geographic location, browser type and version, operating system, etc;
• Information about the time, duration, frequency, methods and conditions of use of DIGIGAMMON products and services;
• All information generated when using DIGIGAMMON products and services;
• All personal information transmitted by the USER to NEKODU directly or indirectly.
Accordingly, NEKODU may obtain information about the USERS' use of the service through a technical communication file (Cookie). These technical communication files are small text files sent to the USER's browser to be stored in the main memory. Most browsers are initially designed to accept cookies, but USERS can change their browser settings to block cookies or to be warned when cookies are sent if they wish. If cookies are rejected or blocked in any way by the User, disruptions may occur in DIGIGAMMON products and services provided by NEKODU to the USER.
Payment information (debit card, credit card, bank account information, etc.) provided by the USER during the use of DIGIGAMMON services is encrypted by third party payment system providers independent of DIGIGAMMON and delivered to the relevant bank for questioning. If the usability of the payment information is approved, the shopping is continued. No information about the payment is displayed and recorded by NEKODU. Therefore, it is not possible for third parties to obtain this information under any circumstances. The USER is responsible for all errors that may occur in its hardware and software during the USER's use of DIGIGAMMON services and their direct or indirect consequences.
3. Data Retention
The data belonging to the USERS are stored by NEKODU in its systems located in Turkey or abroad in order to fulfill its obligations in accordance with this Privacy and Security Policy and Personal Data Protection Law (KVKK) and to provide DIGIGAMMON products and services to the USERS in a better way.
4. Use of Data
NEKODU uses and processes the data belonging to the USERS collected through DIGIGAMMON in accordance with the Privacy and Security Policy, Terms of Service Agreement, Personal Data Protection Law No. 6698 ("KVKK") and Law No. 6563 on the Regulation of Electronic Commerce; In order to fulfill the obligations under KVKK and other relevant legislation, especially electronic commerce legislation, and to provide effective and quality service to USERS, to engage in marketing activities in terms of products and services, to contact USERS, to update information and similar purposes.
USERS have the following rights by applying to NEKODU:
• Learn whether their personal data is being processed,
• Request information if their personal data has been processed,
• To learn the purpose of processing personal data and whether they are used in accordance with their purpose,
• To know the third parties to whom personal data are transferred domestically or abroad,
• To request correction of personal data in case of incomplete or incorrect processing,
• Request deletion or destruction of personal data,
• To request notification of correction, deletion and destruction to third parties to whom personal data are transferred,
• Object to the occurrence of a result to their detriment by analyzing the processed data, in particular through automated systems,
• To request compensation for the damage, in case of damage due to unlawful processing of personal data.
The data belonging to the USERS shared with NEKODU will be transmitted to official authorities in case of a request from these authorities in accordance with the legislation in force.
The Privacy and Security Policy may be updated by NEKODU in case of any update in DIGIGAMMON service providers or any new suggestions from the USERS to NEKODU, or in any case deemed necessary by NEKODU or for any reason, with a notice given by NEKODU to the USER in accordance with the relevant legislation. If the provisions of the Privacy and Security Policy are updated, they take effect on the date of publication. It is the USER's responsibility to review the Privacy and Security Policy for each use of DIGIGAMMON services.
NEKODU takes utmost care to ensure the security of personal information of USERS. The security of elements such as hardware and software and connection elements used by the USER to access DIGIGIGAMMON is outside the scope of NEKODU's responsibility.
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312 W 2nd St, Casper, WY 82601, USA
Çınarlı Mh. 1572. Sk. No:33 35170 Konak, İzmir, Türkiye