Terms of Service
TERMS OF ORDER CANCELLATION AND REFUND
Within the scope of the ‘Distance Sales Agreement’ signed between Botgate and the Customer who buys “Botgate Software Application” (“Product”) from Botgate through the website http://botgate.ai or mobile applications, terms of order cancellation and refund of the product that are subject of this Agreement have been determined hereinbelow and these terms of order cancellation and refund are deemed to be accepted by signing the Distance Sale Agreement:
1. In case the bank/financial institution to which the credit card is processed does not pay the price of the Product or if this institution demands the price back after delivery for any reason; Botgate will prevent the Customer from accessing the Botgate Software Application in three (3) business days. All other contractual and legal rights of Botgate including the follow-up of the product and service fee shall be reserved.
2. In order not to hesitate; in cases where the Customer pays the price of the product and service by credit card, payment card etc., all the facilities provided by these cards are directly provided by the card issuer.
3. In this context, all the sales of the software which Botgate collects is cash sale for the parties of this Agreement, is not be a credit or installment sale.
4. The legal rights of Botgate in cases deemed to be sold in installments by law (including the right to terminate the contract and / or the payment of the remaining debt together with the default interest, if the installments are not paid) are reserved within the framework of the relevant legislation. In case of default of the Customer, the default interest shall be applied at the monthly rate as stipulated by the applicable laws.
5. If the Botgate Software Application is not allowed to be delivered within the maximum legal period of thirty (30) days due to extraordinary circumstances other than normal sales / delivery conditions (such as countrywide or major internet access, cyber attack, fire, flooding, earthquake etc.), Botgate informs Customer about delivery. In this case, the Customer may cancel the order, order a similar package, or wait until the end of the disaster.
6. If it is understood that Botgate will not be able to provide the Botgate Software Application service under the Distance Sale Agreement, the Customer shall be informed in a clear and legal manner within three (3) business days after the date of learning. In this case, contractual and legal provisions regarding the cancellation of the order (termination of the contract) shall be applied and the price is refunded.
7. In the event of cancellation of the orders and the termination of the Agreement, if the Product price has been collected, this price is refunded to the Customer within maximum fourteen (14) days. The requirements of the following rule are reserved. Refundment is made in accordance with the payment tool used by the Customer’s payment. After Botgate refunds of this amount to the bank, its reflection on the Client's account is entirely related to the bank transaction process and Botgate is not responsible for any possible delays.
8. Botgate reserves the right to deduct from this Agreement and the law for the price to be refunded. The Customer's legal rights are also reserved for the situations in which the Agreement is terminated by the Customer for not executing the act of Botgate.
9. The Customer may notify its request and complaints about the Product and sales to Botgate verbally or in writing through the communication channels in the introduction of this Agreement.
10. Some of the issues indicated in the Article 5 of the Distance Sale Agreement may not be included in the Agreement. Additionally, these issues are included in preliminary information forms received/approved by the Customer on the website or general information pages/chapters.
11. Since such preliminary information and the Distance Sale Agreement are sent to the Customer’s e-mail address that was indicated by the Customer after acceptance of the Agreement, the Customer may access and review such preliminary information and this Agreement at any time.
12. Botgate records (including records in magnetic media such as computer or voice recordings) constitute definitive evidence for the resolution of any disputes that may arise from this Agreement. The rights of the parties arising from the mandatory legal regulations are valid and reserved.
13. The provisions of the Distance Sale Agreement shall be taken as basis, but for the matters not included in this Agreement, the general provisions of the Turkish Code of Obligations shall prevail in respect of matters which are not included here regarding the product order, the delivery of the product to the Customer, the payment of the price by the Customer, the default of payment, order cancellation and the refund of the price and all other relations between the parties.
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