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Distance Sales Agreement

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Article 1: Parties

eKonsey (Service Provider): eKonsey Özel Sağlık Hizmetleri Sağlık Yatırım ve Danışmanlık Tic. Ltd. Şti.

Opinion Requester: Real persons who have become members by opening a membership account through the website with the domain name www.ekonsey.com and/or the eKonsey application, and who apply through the portal for an opinion to be obtained from specialists regarding the service offered by eKonsey within the framework of the provisions specified in the Membership Agreement and this agreement and its annexes.

This Distance Sales Agreement (“Agreement”) has been executed in an electronic environment with full consensus on the following terms and conditions between eKonsey Özel Sağlık Hizmetleri Sağlık Yatırım ve Danışmanlık Tic. Ltd. Şti. (“eKonsey”), residing at Levent Mah. Hacı Adil Cad. Zerrin Sok. No:2/2 Beşiktaş İSTANBUL, on one side, and the “Opinion Requester” on the other side, who has become a member by defining their identity and contact information on the website with the domain name www.ekonsey.com (“Site”) belonging to eKonsey prior to the acceptance of this Agreement.

In this Agreement, eKonsey and the Opinion Requester may be referred to individually as a “Party” and collectively as the “Parties.”

Article 2: Subject Matter

This Agreement is regarding the determination of the mutual rights and obligations of the relevant parties concerning the services to be received by the Opinion Requester for a certain fee within the services offered through the website www.ekonsey.com, taking into account the Regulation on Distance Contracts published in the Official Gazette on 27.11.2014 and Articles 48 and 84 of the Law No. 6502 on the Protection of Consumers dated 07.11.2013, upon which this regulation is based.

Article 3: Definitions

3.1. Within the scope of this Agreement:

  • eKonsey: Refers to eKonsey Özel Sağlık Hizmetleri Sağlık Yatırım ve Danışmanlık Ticaret Limited Şirketi.
  • Site: Refers to all kinds of mobile and web-based applications and plug-ins offered by www.ekonsey.com.
  • Opinion Requester: Refers to the person who becomes a member by creating a username and password on the site portal by accepting the matters specified in the user agreement and its annexes, and who benefits from the services specified on the site in return for a fee.
  • Specialist: Refers to persons who declare that they possess the status of a doctor (medical doctor) or branch specialization within the scope of laws and regulations.
  • Membership Agreement: Refers to the agreement between the Opinion Requester and eKonsey, which regulates the rights and obligations regarding the services, content, and terms of use to be provided through the site.
  • Agreement: Refers to the Distance Sales Agreement regarding online purchase transactions to be made through the website with the domain name www.ekonsey.com.
  • Specialist Opinion (Medical Opinion Report): Refers to the document containing preliminary opinions which is prepared by the Expert/Experts listed on the Site in branches whose suitability for the case shall be determined by eKonsey within the scope of the Member's requests (and by the council to be submitted for the Member's approval); based on the documents uploaded to the system by the Member within the framework of confidentiality and Personal Data Protection Law ("KVKK") principles, in a manner that does not constitute a diagnosis, identification, forensic report, temporary report, or any similar medical liability under any name or title, and within the scope of the rights and obligations contained in the Distance Sales Agreement, to be viewed only by the Member via the portal where only the Member can log in.
  • Service: Refers to the subject of any consumer transaction other than the provision of goods, performed or committed to be performed in return for a fee or benefit.
  • Policy on the Processing and Protection of Personal Data: Refers to the text accessible through the Site, regulating eKonsey’s general policy regarding personal data, including for what purposes and how the personal data submitted by Members through the Site will be used by eKonsey.
  • Clarification Text on the Processing and Protection of Personal Data: Refers to the text accessible through the Site, which must be approved by the Member for the completion of the membership process, explaining for what purpose the personal data submitted by Members through the Site may be processed and transferred by eKonsey.

This Agreement has been executed in an electronic environment between eKonsey, the provider of the Site, and the Opinion Requester; it shall gain validity upon the payment of the fee determined by the Opinion Requester within the scope of the notification to be made by the rapporteur stating that the necessary documents are sufficient following the uploading of the required documents to the system by the Opinion Requester.

3.2. Information Belonging to the Parties:

3.2.1. Service Provider/eKonsey Information:

  • Title: eKonsey Özel Sağlık Hizmetleri Sağlık Yatırım ve Danışmanlık Tic. Ltd. Şti.
  • Address: Levent Mah. Hacı Adil Cad. Zerrin Sok. No:2/2 Beşiktaş İSTANBUL
  • Mersis No: [0330251120400001]
  • Phone: [0 850 399 11 50]
  • Fax: [ ]
  • E-Mail Address: [info@ekonsey.com]

3.2.2. Service Recipient/Opinion Requester Information:

  • Name Surname: [.]
  • Address: [.]
  • Phone: [.]
  • TR Identity No: [.]
  • E-Mail Address: [.]

The invoice will be delivered to the address declared by the Opinion Requester upon the purchase of the service.

Article 4: Matters of Which the Opinion Requester Has Been Informed in Advance

The Opinion Requester accepts that they have examined, read, understood, and have been provided with the necessary information regarding the following matters and all general/special explanations on the relevant pages/sections of the Site, including but not limited to the following information, before the establishment of this Agreement by electronic acceptance on the Site and before entering into a payment obligation:

  • The title and contact information of the Service Provider/eKonsey and current introductory information,
  • The stages of the sales transaction regarding the purchase of the offered services from the Site, and the appropriate tools and methods for correcting incorrectly entered information,
  • The electronic contact information (Phone: 444 0 486, www.ito.org.tr) where information about the Professional Chamber (ITO-Istanbul Chamber of Commerce) of which eKonsey is a member and the rules of conduct prescribed by ITO regarding the profession can be obtained,
  • The privacy and electronic communication rules applied by eKonsey valid for the Opinion Requester’s information, the permissions granted by the Opinion Requester to eKonsey in these matters, the legal rights of the Opinion Requester, the rights of eKonsey, and the procedures for exercising the rights of the parties,
  • Restrictions envisaged by eKonsey regarding the services,
  • The payment methods/tools accepted by the Seller for the services and the basic features/qualities of the Service, the total price including taxes (the total amount to be paid by the Opinion Requester to eKonsey, including relevant expenses),
  • Information regarding the procedures and costs related to the delivery of the Service to the Opinion Requester,
  • Other payment/collection and delivery information related to the services and information regarding the performance of the Agreement, and the responsibilities of the Parties in these matters,
  • Services for which the Opinion Requester does not have the right of withdrawal,
  • In cases where the Opinion Requester has the right of withdrawal, the conditions, duration, and procedure for exercising this right, and that the Opinion Requester will lose the right of withdrawal if the right is not exercised within the specified period,
  • All matters related to cases where the right of withdrawal exists (including return methods, costs, the refund of the Service fee, and discounts and set-offs that can be made during the return),
  • Details of the conditions for benefiting (special conditions) regarding various opportunities that may be applied on the Site from time to time,
  • All other sales conditions included in this Agreement according to their nature,
  • Since this Agreement will also be sent to the Opinion Requester via electronic mail after being approved on the Site, it can be stored and accessed from there by the Opinion Requester for the desired period, and eKonsey can also store the Agreement for 3 (three) years,
  • In case of disputes, the contact information where the Opinion Requester can submit their complaints to eKonsey and the legal remedies they can apply to District/Provincial Arbitration Committees and Consumer Courts in accordance with the relevant provisions of Law No. 6502.

Article 5: Description of the Service, Price, Duration, and Other Matters Regarding the Service

5.1. Opinion

Specialist Opinion is the view provided to the Opinion Requester, who is a party to this agreement, through the website and portal within the scope of the services provided by "eKonsey", in return for a certain fee, as a result of the review of information, documents, reports, analysis results, etc. uploaded to the system by the Opinion Requester, by the relevant specialist, in a manner that shall not mean a patient-physician relationship, diagnosis, treatment, or consultation under any name or title, in order to create a suggestion in the choice of health services that the Opinion Requester wishes to benefit from.

5.2. Request for Opinion

The Member shall create a request for an opinion by entering detailed information regarding the subject of the request and their medical history through the application form on the opinion request screen on the eKonsey portal, and by uploading available documents, records, imaging results (X-ray, MRI, computerized tomography, ultrasonography, etc.), and test results to the system. The relevant branches and the Board of Experts (Council) that will review the case shall be determined by eKonsey based on the nature of the information and documents uploaded by the Member.

5.3. Pre-Opinion Notification and Payment Process

Following the creation of an opinion request by the Member; available documents, records, imaging results (X-ray, MRI, computerized tomography, ultrasonography, etc.), and test results regarding the subject of the request shall be uploaded to the system. The current documents and information uploaded by the Member shall be reviewed by eKonsey, and in the event that the documents are incomplete or insufficient to provide an opinion, the Member shall be notified via e-mail by eKonsey regarding the completion of these deficiencies.

Following the completion of the said deficiencies and the determination by eKonsey that the documents are suitable for review; the relevant branches and the Board of Experts (Council) that will review the case shall be determined by eKonsey and submitted for the Member's approval. Upon approval of the notified council by the Member, the Member shall be redirected to the payment screen via the site/portal/application. The medical review process shall commence upon the payment of the service fee and the approval of this agreement.

5.4. Price

The price to be paid for the services specified in this agreement is the amount specified on the relevant service page at the time the Opinion Requester creates the opinion request by eKonsey. VAT is included in the specified prices.

  • Service Description: [Online Health Consultancy]
  • Service Price (VAT Included): [.]

5.5. Payment

The opinion fee shall be paid to the accounts specified by eKonsey via credit card and/or wire transfer/EFT within the payment methods specified at the time of the opinion request.

In online payments, if the card is used unlawfully by someone other than the holder, action is taken according to the provisions of the Bank Cards and Credit Cards Law No. 5464 dated 23.02.2006 and the Regulation on Bank Cards and Credit Cards published in the Official Gazette No. 26458 dated 10.03.2007.

As the determined fee is within the scope of the paragraph regarding contracts related to services performed instantly in an electronic environment and intangible goods delivered instantly to the consumer, no refund of the fee for the remote consultation service to be provided by eKonsey is possible in any way following the payment of the fee by the Opinion Requester.

5.6. Opinion Period

Within 3 (three) business days from the date the opinion fee is paid to eKonsey by the Opinion Requester, the uploaded documents and information shall be examined by the specialist/specialists, and the opinion prepared by avoiding comments and statements that would lead to diagnosis, treatment, or cessation of treatment in a manner that would not allow for the establishment of a patient-physician relationship under any name or title shall be uploaded to the system, and the Opinion Requester shall be notified via e-mail.

With the uploading of this opinion report to the system and the notification to the Opinion Requester via e-mail within the period specified in the scope of the opinion request, the obligations of eKonsey and the specialist regarding the service provided under this agreement shall terminate.

In the event that the opinion report is not uploaded to the system and the Opinion Requester is not notified via e-mail within the specified 3 (three) business days, the paid amount shall be refunded if requested by the Opinion Requester.

5.7. Content of the Opinion

Regarding the opinion reports to be prepared via the draft opinion document format provided on the portal by eKonsey, based on the examinations conducted by the Expert/Experts assigned by the eKonsey system and approved by the Member within the scope of the request submitted by the Member, without constituting a final diagnosis or identification; the Member accepts, declares, and undertakes that:

  • eKonsey has no liability under any name or title,

  • eKonsey is merely a service provider,

  • The opinions stated in the Medical Opinion Report are the opinions of the Expert/Experts in the council, and eKonsey cannot be held liable for the content of the report,

  • The liability of the Experts does not cover verbal statements made during video/audio calls; the liability is limited strictly to the final written Medical Opinion Report transmitted through the system,

  • In the event of a conflict between the verbal meeting and the written report, the written report shall be taken as the basis,

  • The opinion report does not establish a patient-physician relationship between eKonsey/Expert/Experts and the Member under any name or title, nor does it establish a patient-physician relationship aimed at direct diagnosis, identification, treatment, or the termination of an ongoing treatment; and that the Member shall not make any rights or claims against eKonsey and/or the Expert/Experts in this regard,

  • The Member shares the information and documents uploaded within the scope of the opinion request by giving explicit consent in terms of the Membership, KVKK, and other agreements made with eKonsey.

In cases where there is more than one Expert and they cannot reach a joint opinion, each Expert shall provide their individual opinion separately. Since the opinions and answers provided by the Experts are given without establishing a patient-physician relationship and without a physical examination, they are provided solely for informational and conceptual purposes. It is strictly recommended not to stop or change any treatment based on the information provided on eKonsey.

Article 6: Other Rights and Obligations of the Parties

6.1. Rights and Obligations of eKonsey

6.1.1. eKonsey provides a general health information service, not in the atüre of a medical report, by specialists within the scope of the documents and information to be uploaded to the system by members whose diagnosis or identification has been made by other health institutions or physicians, in accordance with the legislation and laws as required by KVKK/GDPR and confidentiality provisions, by bringing together the members and specialists who make a request within the scope of the distance sales agreement.

6.1.2. The services provided by eKonsey do not carry the purpose of treatment and diagnosis under any name or title. Within the scope of the provided health information, it is recommended that members be physically examined by physicians and specialists. Since the opinions reported on the eKonsey portal are for informational purposes only, eKonsey and specialists have no responsibility regarding the stopping or changing of treatments and/or the treatment applied by the member themselves within the scope of the provided opinion and similar matters.

6.1.3. Since the patient's right to receive treatment, continue or not continue treatment, change physicians, and other rights within the scope of body integrity and patient rights under the Constitution and laws are legally secured against third parties and the physicians and health institutions where they are physically treated, and since the service provided by eKonsey is not within this scope, these rights and any right or claim based on these rights cannot be asserted against eKonsey.

6.1.4. eKonsey does not confirm the accuracy of the content of the opinions given by the Specialists and does not audit the content. It cannot be held responsible for the opinions and information given by the Specialists. The relationship between the Specialists and eKonsey cannot be accepted as a superior-subordinate employer relationship under any name or title. There is no employer-employee relationship between the Specialist and eKonsey pursuant to the employment contract and other provisions of the law. Within this scope, eKonsey cannot be held responsible for the opinions due to the law and general provisions.

6.1.5. eKonsey is obliged to ensure the confidentiality of the documents and information uploaded to the site and/or portal by the Opinion Requester in accordance with KVKK/GDPR and general provisions. Within this scope, the identity and the information and documents uploaded by the Opinion Requester cannot be shared with third parties. eKonsey cannot be held responsible in cases arising from the member's fault.

6.1.6. eKonsey shall immediately carry out the necessary examinations and audits regarding the requested matters in case of any complaint and/or objection within the scope of the services received by the Opinion Requester and shall provide the necessary information to the Opinion Requester. If the complaint or objection is found justified, it will take the necessary actions to eliminate the grievance. However, as explained above, these complaints, objections, and information requests cannot be regarding the contents of the opinions because eKonsey has no responsibility or audit regarding the content of the opinion. eKonsey’s responsibility is regarding the process.

6.1.7. In the event that the reasons requiring the processing of personal health data uploaded to the portal disappear, personal health data are anonymized or deleted by the data controller upon the request of the data subject. Data requested to be deleted are archived in a central system established by the Ministry without disrupting the data integrity, in order to make it possible to establish, use, or protect a right or to provide the data to judicial authorities in case of need. Access to archived data is blocked for purposes other than these. Data transferred to the central health data system may be deleted from eKonsey’s database 10 (ten) years after the date of transfer. Provisions in other laws regarding the deletion, destruction, or anonymization of personal data are reserved.

6.1.8. If eKonsey cannot perform the Service subject to this Agreement within the period due to force majeure or extraordinary circumstances such as weather conditions or disruption of transportation, it is obliged to notify the Opinion Requester in writing. In this case, the Opinion Requester may use one of the rights to cancel the Opinion, change the Opinion day if possible, and/or postpone it until the obstacle is removed. In the event that the Opinion Requester prefers the cancellation option, the paid amount shall be paid to them in cash and in a single payment within 10 (ten) days. In payments made by the Opinion Requester by credit card, the product amount is returned to the relevant bank within 7 (seven) days after the order is cancelled by eKonsey. Since the reflection of this amount to the Opinion Requester’s accounts after the return to the bank is entirely related to the bank transaction process, the Opinion Requester accepts that it will not be possible for eKonsey to intervene in any way for possible delays and that the reflection of the amount returned to the credit card by eKonsey to the account by the bank may take an average of 2 (two) to 3 (three) weeks.

6.1.9. eKonsey, at its sole discretion, may organize campaigns for Opinion Requesters on the Site at various times and conditions. However, in the event that the Opinion Requester returns the services they purchased for any reason (return, right of withdrawal, etc.), if the campaign conditions organized by eKonsey cannot be met, the discount amount/benefit utilized within the scope of the campaign is cancelled and deducted from the refund payment to be made to the Opinion Requester. In the event that the discount amount/benefit provided by the campaign is more than the refund payment to be made to the Opinion Requester, the Opinion Requester shall make the balance payment to eKonsey upon eKonsey’s first written request. In the event that the Opinion Requester is able to benefit from more than one campaign on the same invoice, the campaigns will not be combined, and the Opinion Requester will be able to benefit from only one campaign. The Buyer accepts, declares, and undertakes in advance that they cannot make any claims in such a case.

6.1.10. eKonsey reserves the right to stop, update, and change the conditions of the campaigns announced on the Site at any time. The Opinion Requester must examine the campaign conditions before each purchase they make from the Site.

6.1.11. All rights of the services and brands belonging to eKonsey subject to commercial, intellectual, and industrial property belong to eKonsey. The Opinion Requester accepts, declares, and undertakes that they will not infringe these rights of eKonsey within the framework of the sales relationship under this Agreement. The Opinion Requester cannot engage in any behavior that will negatively affect the quality, brand, title, sign, mark, and image of the products to be sold within the framework of this Agreement. The Opinion Requester is responsible for all damages arising/to arise due to their faulty behavior to the contrary.

6.1.12. Unauthorized use of the financial rights under the names of "Processing" (FSEK Art. 21), "Reproduction" (FSEK Art. 22), "Distribution" (FSEK Art. 23), "Performance" (FSEK Art. 24), "Communication to the Public by Devices Permitting the Transmission of Signs, Sounds and/or Images" (FSEK Art. 25) and the authority to use the "Right to Disclose to the Public" (FSEK Art. 14) within the Law No. 5846 on Intellectual and Artistic Works ("FSEK") regarding the Site content, design, and/or software, and any unauthorized disclosure and/or use including but not limited to these, means violation of intellectual/industrial property rights. a.13.) Through the Site belonging to eKonsey, links may be provided to other websites and/or other contents that are not under the control of eKonsey and/or are owned and/or operated by other third parties. These links are placed to provide ease of navigation for the Opinion Requester and do not support any website or the person operating that site and do not carry any warranty for the information contained in the linked website.

6.2. Rights and Obligations of the Opinion Requester

6.2.1. The Opinion Requester accepts, declares, and undertakes that they have read and informed themselves about the preliminary information regarding the basic qualities, sales price, payment method, and performance of the Service subject to this Agreement on the Site and have given the necessary confirmation in the electronic environment. The Opinion Requester’s confirmation of the Preliminary Information in the electronic environment means that before the establishment of this Agreement, the Opinion Requester has obtained accurate and complete information about the address to be given by eKonsey to the Opinion Requester, the basic features of the ordered services, the price of the services including taxes, and payment and delivery information.

6.2.2. The Opinion Requester accepts, declares, and undertakes irrevocably that they know that the opinions they receive within the scope of this Agreement do not mean diagnosis or identification; that they receive the opinion knowing this; that all necessary advice and suggestions have been made to them by eKonsey and specialists to obtain a real diagnosis and identification by physically being examined and by seeing the relevant physicians and branch specialists in health institutions; that they accept these matters; that eKonsey and specialists have no responsibility within the scope of relevant laws and regulations; and that they will not make any rights or claims against eKonsey and specialists regarding fault and similar matters within the scope of relevant laws and regulations. The Opinion Requester accepts, declares, and undertakes that the services provided by eKonsey do not carry the purpose of treatment and diagnosis under any name or title.

Since the opinions reported on the eKonsey portal are for informational purposes only, the Opinion Requester accepts, declares, and undertakes that eKonsey and specialists have no responsibility regarding the stopping or changing of the current treatment, if any, and/or the treatment applied/to be applied by the member themselves within the scope of the provided opinion and similar matters.

In the event that a patient-physician relationship is established between the specialist and/or specialists from whom an opinion is received later and the member due to physical examination and similar reasons, eKonsey cannot be held responsible for the patient-physician relationship that will arise between the relevant specialist and the opinion requester.

6.2.3. The Opinion Requester is responsible for the accuracy of the information they provided during eKonsey membership and opinion request. In the event that it is determined that the information provided is not correct or does not belong to them, all obligations of eKonsey within the scope of the agreement under this agreement shall disappear. The opinion requester accepts, declares, and undertakes that they are responsible for all damages, expenses, and other accessories that eKonsey has suffered / is likely to suffer before official institutions and third parties due to providing incorrect information and that they will pay within 3 (three) business days following the request from them.

6.2.4. The Opinion Requester is responsible for the use of user passwords regarding the membership account they will create within this agreement and the member agreement and its annexes. eKonsey has no responsibility in the event that the system is entered due to the use of these passwords by 3rd parties. They accept that matters related to the security, storage, keeping away from the knowledge of third parties, and unauthorized use of the tools for accessing the system (username, password, etc.) used within these matters are entirely their own responsibility.

6.2.5. The Opinion Requester accepts, declares, and undertakes irrevocably that they can benefit from the services offered through eKonsey only to receive personal health suggestions; that they will not let others use any service in the Site, whether commercial or not; otherwise, eKonsey’s right to all kinds of lawsuits and complaints to be made in administrative and judicial authorities is reserved; and that they will be responsible for all material and moral, positive and negative damages suffered by eKonsey and third parties.

6.2.6. The Opinion Requester, within the scope of this agreement, can only request an opinion for themselves and for their child under the age of 18 whose custody has been finalized and given to them by a court decision. In requests related to a child, this matter must be clearly stated, and they are obliged to add the court decision regarding custody and the finalization annotation or the document to be obtained from official institutions/authorities stating that the custody belongs to them to the opinion request attachment.

Information of persons who will be accepted as third parties within the scope of this agreement, even if there is a blood bond or marriage union with the relevant person within the scope of this article, cannot be used/entered to request an opinion.

The Opinion Requester accepts, declares, and undertakes that they are responsible for all damages, expenses, and other accessories that eKonsey has suffered / is likely to suffer before official institutions and third parties due to providing incorrect information and that they will pay within 3 (three) business days following the request from them.

6.2.7. In the event that the Opinion Requester does not attend the meeting at the time of performance of the Service, eKonsey shall be deemed to have fulfilled its obligation fully and completely.

6.2.8. The Opinion Requester accepts and undertakes that they will not produce and/or share content on the Site belonging to eKonsey that disrupts public order, is contrary to general morality and decency, is misleading, offensive, obscene, pornographic, contrary to copyrights, disturbs others, infringes the rights of third parties, or encourages illegal activities. Otherwise, the Opinion Requester will be entirely responsible for all damage that will occur before both eKonsey and third parties. Although eKonsey has no obligation to control the said content, all legal rights of eKonsey are reserved in case such actions are detected.

6.2.9. The Opinion Requester accepts and undertakes that they will not engage in activities that will threaten the security of the Site belonging to eKonsey, or prevent the operation of the Site or the software used on the Site; that they will not intentionally infect the Site with viruses, trojan horses, worms, software bombs, keyloggers, spyware, computer software containing advertisements and similar malicious or technologically harmful programs including but not limited to these, and will not misuse the Site in this way.

6.2.10. The Opinion Requester who violates one or more of the articles listed in this Agreement is personally responsible for this violation criminally and legally and will hold eKonsey separate from the legal and criminal consequences of these violations. Furthermore; in the event that the incident is referred to the legal field due to this violation, eKonsey reserves the right to claim compensation against the Opinion Requester due to non-compliance with this Agreement.

Article 7: Right of Withdrawal

7.1. In distance contracts regarding service performance, the Opinion Requester may exercise the right of withdrawal from the Agreement within 14 (fourteen) days from the day the agreement is established without showing any justification by law. In this case, it is required that the notification regarding the exercise of the right of withdrawal by the Opinion Requester has been directed to eKonsey within this period. However, in the event that the service performance is started with the approval of the Opinion Requester before the expiry of the right of withdrawal period, the Opinion Requester will not be able to exercise the right of withdrawal.

7.2. Before accepting the distance contract or any corresponding offer, the Opinion Requester accepts in advance that they have been informed by eKonsey with the Preliminary Information regarding the matters whose details are determined in the regulation, and that they have been clearly and understandably informed/clarified by eKonsey that they will enter into a payment obligation if they approve the service purchase. Costs arising from the use of the right of withdrawal belong to the Opinion Requester.

7.3. For the exercise of the right of withdrawal; the Opinion Requester must create a return code from the (CANCEL ACCOUNTS) section on the [MY ACCOUNTS] page on the Site within the 14 (fourteen) day period from the day the agreement is established. Furthermore, the Opinion Requester, if they wish, may also exercise the right of withdrawal within the 14 (fourteen) day period by making a written notification via registered mail, fax, or e-mail to the address of eKonsey specified above.

Article 8: Products for Which the Right of Withdrawal Cannot Be Exercised

In accordance with the provisions of Article 15(h) titled "Exceptions to the Right of Withdrawal" of the Regulation on Distance Contracts published in the Official Gazette dated 27.11.2014, and the provisions of Article 6 of this Distance Sales Agreement approved electronically between the Parties; in order to exercise the right of withdrawal, it is mandatory that the service performance has not commenced with the consumer's approval before the expiry of the right of withdrawal period or that the service has not been performed instantly in an electronic environment. Conversely, in accordance with relevant legal regulations, the Opinion Requester does not have the right of withdrawal in contracts regarding the following goods/services, even if they have not been used and/or utilized:

  • Contracts regarding goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the Seller,
  • Contracts regarding goods prepared in line with the consumer's wishes or personal needs,
  • Contracts regarding the delivery of goods that are perishable or may expire,
  • Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, and package have been opened after delivery; those whose return is not suitable in terms of health and hygiene,
  • Contracts regarding goods that are mixed with other products after delivery and which cannot be separated by their nature,
  • Contracts regarding books, digital content, and computer consumables presented in physical media, provided that protective elements such as packaging, tape, seal, and package have been opened after the delivery of the good,
  • Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement,
  • Contracts regarding the utilization of leisure time for the purpose of accommodation, moving of goods, car rental, supply of food and beverages, and entertainment or relaxation, which must be performed on a specific date or period,
  • Contracts regarding services performed instantly in an electronic environment and intangible goods delivered instantly to the Opinion Requester,
  • Contracts regarding services whose performance has commenced with the approval of the Opinion Requester before the expiry of the right of withdrawal period.

Furthermore, if the goods and/or services subject to the Agreement consist of goods produced in line with the special requests or personal needs of the Opinion Requester (including those made personal/special to personal needs by making changes or additions) or food items, beverages, or other daily consumption items delivered to the Opinion Requester's residence with regular deliveries by eKonsey, and services offered in areas such as travel, accommodation, catering, and the entertainment sector, the Opinion Requester has no right of withdrawal as the provisions of the Regulation on Distance Contracts cannot be applied to the legal relationship between the Opinion Requester and eKonsey.

Article 9: Protection of Personal Data and Privacy

9.1. eKonsey takes all necessary administrative and technical measures by adopting the principles regarding the protection and processing of personal data within the scope of legislation in order to ensure compliance with the Law on the Protection of Personal Data No. 6698 (“KVKK”). eKonsey presents its Policy on the Processing and Protection of Personal Data (“Policy”), which includes these administrative and technical measures, to the information of the Opinion Requester on the Site. The Opinion Requester accepts and declares that they have read the Policy before performing the order transaction.

9.2. eKonsey processes, maintains, and may share the personal data of the Opinion Requester, with details included in the Policy, for the purposes of taking orders through the website, providing products and services, performing payment transactions, using them in advertisement, promotion, and marketing activities about products and services (provided that prior consent is given), ensuring the management and continuation of memberships, and the performance of the established distance sales agreement and other agreements. Since it is mandatory for those who become members of the Site to approve the Clarification Text and Explicit Consent Form regarding the Processing and Protection of Personal Data after reading the Policy on the Site, and since a distance sales relationship is not established without becoming a member of the Site, the Buyer is deemed to have accepted the processing of their personal data.

9.3. Provided that it is in compliance with the current legislation, eKonsey may call the Opinion Requester via phone or send SMS, e-mail, or mail regarding the products and services offered on the Site for the purposes of promotion, advertisement, publicity, marketing, information, and communication; the Opinion Requester has accepted the sending of commercial electronic messages to them, while always having the right to cancel.

9.4. For the security of information and transactions entered into the Site by the Buyer, necessary measures have been taken in the system infrastructure on the side of eKonsey according to the nature of the information and transaction and current technical possibilities. However, since the said information is entered from devices belonging to the Opinion Requester, the responsibility for taking necessary measures, including those regarding viruses and similar harmful applications, so that they are protected by the Opinion Requester and cannot be accessed by unrelated persons, belongs to the Opinion Requester.

9.5. Despite all measures taken by eKonsey within the scope of KVKK/GDPR, it shall not be responsible for unauthorized access to the data of the Opinion Requester due to a reason not originating from itself and for the damages that may occur to the data of the Opinion Requester for this reason.

9.6. In other sites accessed through the Site, the privacy-security policies and terms of use belonging to these sites are valid; eKonsey shall not be responsible for disputes that may arise and their negative consequences.

Article 10: Force Majeure

eKonsey accepts, declares, and undertakes that it will notify the Opinion Requester in writing if it cannot deliver the product subject to the Agreement within the period due to force majeure situations such as circumstances that develop outside the will of the Parties, which are unforeseen and which prevent and/or delay the Parties from fulfilling their obligations. The Opinion Requester also has the right to request from eKonsey the cancellation of the order, the replacement of the product subject to the agreement with its equivalent if any, and/or the postponement of the delivery period until the obstructive situation is removed. However, even if the Opinion Requester requests any of these options, this situation experienced due to force majeure shall not be considered a delay, non-performance, or default, and no compensation liability of eKonsey shall arise for these situations. In case of cancellation of the order by the Opinion Requester, for payments made by the Opinion Requester in cash, the product amount shall be paid to them in cash and in a single payment within 14 (fourteen) days. In payments made by the Opinion Requester by credit card, the product amount is returned to the relevant bank within 7 (seven) days after the order is cancelled by the Opinion Requester. The Opinion Requester accepts, declares, and undertakes that the average process for the bank to reflect the amount returned to the credit card by eKonsey to the Opinion Requester's account may take 2 (two) to 3 (three) weeks; since the reflection of this amount to the Buyer's accounts after the return to the bank is entirely related to the bank transaction process, the Opinion Requester cannot hold eKonsey responsible for possible delays.

Article 11: Notification

The Parties accept, declare, and undertake that notifications made within the scope of the e-mail address of the opinion requester specified during membership registration and written notifications to eKonsey's address at Levent Mahallesi Hacı Adil Caddesi Zerrin Sokak No:2/2 Beşiktaş İstanbul regarding this agreement shall be deemed served in accordance with the provisions of the Notification Law.

Article 12: Other Provisions

12.1. The failure or delay of eKonsey to exercise any right or authority it possesses within the scope of this Agreement does not mean that it has waived that right or authority, nor does the single or partial exercise of a right or authority prevent the subsequent exercise of that or another right or authority.

12.2. eKonsey may transfer this Agreement partially or completely at any time without notice. However, the Opinion Requester cannot transfer this Agreement or any part thereof to another party. Any such transfer attempt is invalid.

12.3. The partial or total invalidity and/or unenforceability of any of the provisions of this Agreement does not mean that the entire Agreement shall be invalid. In the event that any of the articles of this Agreement is invalid or illegal for legal or other reasons, this situation does not affect the validity and legality of other articles, and other articles maintain their effectiveness and binding nature.

12.4. The Parties accept and undertake that even if the Opinion Requester's order addresses are different, their legal notification address is the address specified during membership transactions, and the electronic mail address registered in the system produces all the terms and consequences of written notification; unless the change of address is notified to the other party in writing at the latest on the date of the change, notifications made to these addresses shall produce all the legal consequences of legally valid notification.

12.5. The Opinion Requester accepts and declares that the electronic mail address and phone number on the membership page are up to date.

12.6. In accordance with Article 193 of the Code of Civil Procedure No. 6100, for all kinds of disputes that may arise for all transactions performed pursuant to this Agreement, the books, records, and documents of the Parties, as well as microfilm and computer records, electronic environment correspondence, and fax records shall be accepted as evidence. The Opinion Requester accepts, declares, and undertakes in advance that they accept these records as definitive and binding and will not object to them in any way.

12.7. In disputes that may arise regarding this Agreement, the legislation of the Republic of Türkiye shall be applied.

12.8. In the resolution of all kinds of disputes that may arise from the application of this Agreement, Istanbul Central (Çağlayan) Courts and Execution Offices shall be authorized.

12.9. This Agreement means that the Opinion Requester has read all the articles in the Agreement and accepted all the articles in the Agreement. This Agreement was concluded at the moment of the sales transaction and has entered into force mutually. eKonsey may add new articles and/or subheadings, remove them, or make changes to the articles if deemed necessary. The Opinion Requester declares and undertakes that they accept these changes in advance.

12.10. Regarding matters not specified in this agreement, the terms of the membership agreement concluded between the parties shall be considered valid.

Article 13: Storage of Information and Documents

eKonsey is obliged to store information and documents regarding each transaction related to its obligations on the right of withdrawal, information, delivery, and other matters for 3 (three) years.

Article 14: Enforcement

This Agreement shall enter into force upon its approval by the Member on the payment screen and the realization of the payment. With this approval and payment, the Member declares and undertakes that they have read and accepted all the clauses contained in the Agreement. The Agreement shall remain binding between the parties until the fulfillment of the service is completed.