DISTANCE SALES AGREEMENT
1. PARTIES
INFORMATION ON SELLER
Titel: 3D Probox Teknoloji Hizmetleri Sanayi Ve Ticaret Limited Şirketi (3D Probox Technology Services Industry and Trade Limited Company) ('SELLER')
Address:Kınıklı mah. Hüseyin Yılmaz cad. No:67 Pamukkale Teknokent B Blok G04
Pamukkale/Denizli/TÜRKİYE
MERSİS (Central Registration System) No: 0001212047300001
E-Mail Address: [email protected]
INFORMATION ON USER
Name Last Name / Title: [.] (“USER”)
Address: [.]
Phone: [.]
E-mail: [.]
2. SUBJECT AND SCOPE OF THE AGREEMENT
1. This Distance Sales Agreement (“Agreement”) has been issued in accordance with Consumer Protection Law No. 6502 (“Law”) and Regulation on Distance Agreement No. 20237. The parties to this Agreement agree and declare that they are aware of and they understand their obligations and responsibilities arising from the Law and Distance Sales Agreement in regard to this Agreement.
2. The subject of this Agreement is to determine the rights and obligations of the parties as per the provisions of Regulation on Distance Sales Agreements No. 20237 and the Law regarding sale and delivery of service that has the qualifications specified in the Agreement and which the USER orders via the Website designated as www.3dprobox.com or via the mobile application titled 3D PROBOX (“Website/Mobile Application”) to receive any service (“Products”)
3. After the USER confirms this Agreement via the Website/Mobile Application, the price and costs of the Product(s) s/he orders will be collected by the payment method s/he chooses.
3. PRODUCT SUBJECT TO THE AGREEMENT, PRICE AND SUBSCRIPTION SYSTEM
The subject of this Agreement is for the three-dimensional model of the photos taken at the request of the User to be created by 3D PROBOX and to provide access for the customer via his/her user account to the created project.
Website www.3dprobox.com sitesi: The website, where users carry out activities and receive information, ad, 3d model and services.
3D ProBox App: The mobile application, where users carry out activities and receive information, ad, 3d model and services.
Announced prices and promises are valid until updated and modified.
Price, payment and delivery information for products are as follows:
1. Credit System:
• The total amount of credit to be spent is determined depending on megapixel and number of photos used.
• After the project is approved, the specified amount of credit is deducted from the user's account.
• Price per credit varies depending on credit packages.
• Credit purchases are made through Iyzico infrastructure.
2. Subscription System
• After displaying 3D models outside the website www.3dprobox.com or the Mobile Application 3DPROBOX through online displaying infrastructure of 3D PROBOX, the number of displays is taken as basis.
• The number of displays is calculated on a monthly basis.
• Subscriptions are bought through Iyzico infrastructure.
• The monthly calculation is based on the total displays of models shared externally.
• In case the subscription limit is exceeded, the display of models belonging to the user, outside 3D PROBOX will be suspended.
• The user cannot cancel the subscription within the same month s/he has activated it.
• Unless s/he cancels the subscription function, the monthly payment will be active.
• Prices vary depending on subscription packages.
4. CREATION OF THE CREATED 3D MODEL, DELIVERY STAGE AND DELIVERY METHOD, CANCELLATION OF THE PROJECT
1. The user logs into the mobile application and starts taking pictures. By pressing the shutter button, the phone camera begins to take photos at certain intervals of seconds.
2. After the photo shoot is complete, the user uploads the photos and creates the project.
3. S/he can see the photos in the project and delete what s/he wants. S/he can review different projects s/he has created.
4. Credit numbers of the projects are determined based on total pixel and number of photos.
5. The credit rate determined upon approval of the user, is deducted from the account and the photos are uploaded to the system for modeling.
6. The user can shoot and upload photos via the mobile application and the website, besides s/he can follow the same steps to upload the photos taken by devices such as phone, camera or drone.
7. The stages of the projects are updated by us. Users can review project statuses from their profiles.
8. Project status stages are as follows respectively:
• In line: Photos are uploaded in the system and pending for modeling
• Processing: modeling phase started
• Ready to share: 3D model is created and uploaded to user's account
9. The user can cancel the project when the project is ‘in line'. After cancellation, the number of credits used is reimbursed to the account.
10. The produced 3D model is uploaded to user's profile. User publishes the model inputting the information such as description etc.
11. There are 2 types of publishing features of the model produced by 3D PROBOX:
Public: These models are also published Explore page. Anyone, whether they are member or not, can review the model and description.
Hidden: hidden models can only be seen by the profile owner and the people with whom they share the link.
12. User can download the 3d models produced as .obj and .jpeg files.
13. Using the 'Share' tab, users can share the posts:
as a link on social media accounts, mails, applications such as WhatsApp by user.
They can publish the models that belong to them via embed code through online model displaying infrastructure using the embed code sequence on websites other than 3dprobox.com.
14. Users can share publicly accessible models of others as a link but not as embed code.
5. DECLARATION AND COMMITMENT OF USER
1. USER declares that s/he has read the preliminary information uploaded by the SELLER regarding basic features, sales price and payment method and delivery of the Products subject to the Agreement and that s/he is aware thereof and has confirmed electronically.
2. USER may convey his / her requests and complaints using the contract information of the SELLER given above and/or the via the e-mail address [email protected]
3. Confirming this Agreement and the Preliminary Information Sheet, USER confirms that s/he has completely and accurately received the following information: address that needs to be given to USER by the SELLER before conclusion of distance agreements, the basic features of the ordered product or service, the price of the service including taxes, payment and delivery and the fees for delivery.
4. USER understands and agrees that s/he can access the Agreement and Preliminary Information Form on the website www.3dprobox.com in any way s/he intends, after USER confirms this Agreement, Preliminary Information Form. These texts shall be kept by the SELLER for a minimum period of 3 (three) years.
5. In case USER lapses into default in transactions s/he renders with his/her credit card, the card owner shall pay interest to the bank within the framework of credit card s/he has concluded with the bank and shall be liable to the bank. In such a case, the relevant bank may apply for legal remedies; may demand the costs and attorney fees from the USER; and in any case that USER lapses into default due to his/her payables, USER shall be liable to the SELLER for deferred payment of USER's card debt.
6. SETTLEMENT OF DISPUTES
1. Denizli Provincial and District Consumer Arbitration Committees shall be competent for disputes arising from this Agreement within the monetary limits legally determined-announced by the Ministry of Trade every year; and Denizli Consumer Courts shall be competent for matters exceeding such limits.
2. Any correspondence between the parties regarding this Agreement shall be via electronic mail except for mandatory cases specified in the legislation. User agrees, declares and commits that official book and commercial recording of 3D PROBOX, electronic information and computer registries in its database and servers, shall constitute binding, final and exclusive evidence in case of disputes arising from this Agreement, and that this article has the nature of an evidential contract within the meaning given in the 193rd article of Code of Civil Procedures.
This Agreement, consisting of 7 (seven) articles is read by the parties, agreed by the USER electronically, concluded and entered into effect on [.].