Distance Sales Agreement

1. The Parties

SELLER:

BUYER: The natural or legal person who opens a store by purchasing a Fenikya subscription. The Buyer's contact and billing details consist of the information provided at registration.

2. Subject of the Agreement

This Distance Sales Agreement concerns the Buyer's purchase of the cloud-based e-commerce platform service (SaaS) subscription offered by Fenikya, payment of the fee, provision of the service, and the definition of the parties' rights and obligations.

3. Details of the Product/Service

• Service Type: Cloud-based e-commerce platform subscription (SaaS).
• Scope of Service: Depending on the plan chosen: product management, payment integrations, shipping integrations, store editor, reporting and technical support.
• Subscription Term: Monthly or annual, at the Buyer's choice.
• Fee: The amount stated on the pricing page, according to the plan selected at registration.
• Payment Method: Credit card (iyzico secure payment infrastructure).
• Auto-Renewal and Recurring Billing: Unless the Buyer cancels, the subscription renews automatically at the end of the selected period (monthly/annual). The period fee is charged automatically at the start of each period to the payment method or card stored with iyzico under the Buyer's explicit authorisation. The Buyer may stop auto-renewal at any time from the account panel (turn off "Auto-Renewal") or cancel the subscription.
• Tax: Prices include VAT.

4. Formation of the Agreement

By completing the registration form on the Fenikya website and selecting a plan, the Buyer declares electronically that they accept this Agreement and the other documents they have approved. The Agreement is deemed concluded upon confirmation of payment.

5. Provision of the Service

Once payment is complete the service is activated instantly and the Buyer can begin using it from the store panel. If the Buyer has opted for the 14-day free trial, no card charge is made during the trial period.

6. Right of Withdrawal

Important: Under article 48 of Consumer Protection Law no. 6502 and article 15/1-ğ of the Distance Contracts Regulation, "the right of withdrawal cannot be exercised in contracts for services performed instantly in electronic form or for intangible goods delivered instantly to the consumer".

That said, Fenikya puts customer satisfaction first, and if you are not satisfied with the service during the first 14 days of the free trial you can cancel your subscription without paying anything.

7. Refunds

• No fee is charged for cancellations during the free trial.
• For cancellations after the trial has ended, no refund is made for the remaining days of the current billing period; the service can, however, be used until the end of that period.
• Where an annual subscription has been purchased and cancellation is requested within the first 14 days, a full refund is made.
• If the service is interrupted for more than 48 hours due to technical problems attributable to Fenikya, a pro-rata refund becomes due.

8. The Buyer's Obligations

• to warrant that the information given at registration is accurate,
• to pay the subscription fee on time,
• to use the platform lawfully and in accordance with the Agreement,
• to act towards their end users in compliance with the KVKK and consumer protection law.

9. The Seller's Obligations

• to provide the service in the scope and quality set out in the Agreement,
• to keep the platform operational, targeting 99.9% uptime,
• to store the Buyer's data in compliance with the KVKK,
• to provide technical support and customer service,
• to issue invoices and payment documents on time.

10. Force Majeure

In cases of force majeure such as earthquake, flood, epidemic, war, strike, or general power and internet outages, neither party can be held liable for failing to perform its obligations.

11. Resolution of Disputes

For disputes arising from this Agreement, the Consumer Arbitration Committees have jurisdiction up to the threshold announced each December by the Ministry of Trade, and the Consumer Courts above that threshold. The Buyer may also apply to the consumer arbitration committee in their place of residence.

12. Entry into Force

When the Buyer approves this Agreement electronically on registering with the site, they are deemed to have accepted all its terms and conditions. The Agreement enters into force from that moment.