Distance Sales Agreement

1. Parties

1.1. Seller / provider

• Seller / provider: Meryem Suzan Civiroğlu - ELQA Yönetim Sistemleri Eğitim ve Danışmanlığı
• Tax office: Tire Tax Office
• Tax number: 9950250263
• Address: Fatih Mah. Taksim Cad. No: 4/1 D: 4, Tire / İzmir, Türkiye
• Phone: +90 541 738 71 07
• Email: suzan.civiroglu@elqa.com.tr
• Website: https://elqa.com.tr

1.2. Buyer / participant

The Buyer's name and surname or company name, email address, telephone number and billing address, together with the Turkish national ID number or tax number required in order to issue an invoice, are taken from the details entered by the Buyer during the order.

These details are copied into the contract issued for that specific order. A later change by the Buyer to the details held in their account does not alter the contract of a past order.

2. Subject and scope of the contract

This Distance Sales Agreement governs the sale and performance, payment, electronic delivery, access and terms of use of the downloadable digital products, recorded video courses, live online training and combined packages ordered by the Buyer through the Seller's website or through an electronic payment link sent by the Seller, together with the rights and obligations of the parties.

This agreement applies within the framework of Turkish Consumer Protection Law no. 6502, the Regulation on Distance Contracts and other applicable legislation. In transactions where the Buyer does not qualify as a consumer, provisions specific to consumer legislation apply only to the extent of their legal scope.

3. Pre-registration, final registration and formation of the contract

Unless expressly stated otherwise, a free pre-registration or information request form completed for live or recorded training does not in itself create a paid contract and creates no payment obligation for the Buyer.

After pre-registration the Seller may send the Buyer the training date, capacity, price, payment link and any other necessary information. Where collection is made through a payment link, the Buyer is able to access the Pre-Information Form and this Distance Sales Agreement and to give the required confirmations before completing the payment.

The contract is concluded electronically when the Buyer expressly approves the order entailing a payment obligation and the payment is completed successfully. A copy of the contract specific to the order is sent to the Buyer or made available on a durable medium.

4. Order / service details

The order number, order date and time, the name and type of the product or training, the delivery method, quantity, the subtotal excluding VAT, any discount, the VAT amount, the grand total including taxes and the payment method are shown in a table in the contract copy issued for that order.

5. Payment

The Buyer pays the total amount using one of the payment methods offered on the website or in the secure payment link sent to them. The final amount and any discount are shown clearly before the payment is completed. If the payment is not approved by the payment institution or the bank, the order is not finalised.

Payment instrument data such as the card number, expiry date and security code may be processed by the payment service provider according to the technical structure of the payment infrastructure used. The payment information stored on the Seller's own systems is limited to the transaction result and the order and payment references.

6. Delivery of digital products

Downloadable digital products are not shipped physically. After payment is completed successfully, the product is made available through the personal download link in the “My Orders” section of the Buyer's account. Making the product accessible or downloadable is deemed to constitute digital delivery.

The download link is tied to the Buyer's account and can only be used by the Buyer while signed in. The number of downloads is not limited; a licence document issued in the Buyer's name is added to the archive delivered, and every download is logged.

7. Access to recorded video courses

Recorded video training is made available through the Buyer's user account after payment. The access period and any viewing or download limits are stated on the training page. Usernames, passwords and personal access links may not be shared with third parties.

8. Live online training

Live training takes place on the stated date and time via Zoom or a similar online platform. The joining link and the necessary technical details are sent electronically to the Buyer after final registration and at the latest before the training begins.

Difficulties in joining that arise from the Buyer's own device, internet connection, camera or microphone settings, or from a failure to meet the technical requirements notified in advance, do not in themselves mean that the Seller has failed to perform the service. Where a technical problem is attributable to the Seller, an appropriate solution is provided as far as possible.

If the Seller cancels the live training or materially postpones it for compelling reasons, an alternative date may be offered to the Buyer. If the Buyer does not accept the new date, the amount is refunded in accordance with the applicable legislation.

Provided that the essential nature of the training is preserved, reasonable changes may be made to the trainer, the platform or the flow of the sessions. Changes that materially affect the content of the training or the benefit expected by the Buyer are notified separately.

9. Technical requirements and compatibility

The file format and platform, the software required and its minimum version, the need for an internet connection and, for live training, camera and microphone requirements are stated on the page of each product and training.

The absence on the Buyer's device of technical requirements clearly notified in advance does not in itself mean that the product or service is defective. Where the product or service cannot be used because of a material technical limitation that was not notified in advance, the request is assessed separately.

10. Licence of use and intellectual property

Licence type: Standard Licence of Use - own use by the purchasing individual or organization.

The purchase does not transfer the intellectual property rights in the product, training or materials. The Buyer is granted a limited right of use within their own personal or corporate activities. Where purchased by an organization, internal use by the employees of that organization is permitted.

• Digital products and training materials may not be transferred or distributed to third parties.
• They may not be resold, rented, sub-licensed or re-offered as part of another commercial product.
• They may not be made available to third parties within consulting, training or any other commercial service; a separate professional use permission or licence is required for that.
• Live training may not be recorded, published or shared without the Seller's prior written permission.

11. Certificate of attendance or achievement

Where a certificate of attendance or achievement is offered for a training, the type of the document, its conditions and any attendance or assessment requirements are stated on the training page. Unless expressly stated otherwise, certificates issued by ELQA do not constitute personnel certification granted by an accreditation body or a certification body.

12. Right of withdrawal and its exceptions

In service contracts the consumer has the right to withdraw within fourteen days of the conclusion of the contract without giving any reason and without paying a penalty. However, the Regulation on Distance Contracts also sets out the cases in which the right of withdrawal cannot be exercised.

• For contracts relating to services performed instantly in an electronic environment or to intangible goods delivered instantly to the consumer, the right of withdrawal cannot be exercised once the statutory conditions arise.
• For contracts relating to services whose performance has begun with the consumer's consent before the withdrawal period expires, the right of withdrawal cannot be exercised once the statutory conditions arise.
• Where live training has not begun and none of the exceptions above has arisen, the consumer's statutory right of withdrawal is reserved.

The withdrawal position applicable to the order is shown separately in the Pre-Information Form before payment, according to the type of product or service and the delivery or performance method.

An exception to the right of withdrawal does not remove the consumer's statutory rights where the product or service is defective, is not delivered or performed at all, is provided incorrectly or incompletely, or does not match the essential characteristics stated.

13. Cancellation, refunds and technical problems

The Buyer may request support or a remedy in the following cases:

• The digital product or recorded training is not made accessible after payment.
• The download or access link does not work for reasons attributable to the Seller.
• The file delivered is corrupted, incorrect or incomplete.
• The product or service does not have the essential characteristics stated on the sales page.
• The live training cannot be delivered by the Seller.
• The same transaction has been charged more than once.

Depending on the nature of the problem, the request may be resolved by restoring access, delivering the correct or missing content, applying a technical fix, offering an alternative training date, or refunding the amount in accordance with the legislation.

14. Obligations of the Buyer / participant

• Providing accurate and up-to-date order and billing details.
• Not sharing personal access or download links, usernames or passwords with third parties.
• Refraining, during live training, from conduct that infringes the rights of other participants, disrupts the session or is unlawful.
• Using digital products and training materials in accordance with the licence and intellectual property terms.

15. Personal data and privacy

The Buyer's personal data is processed for the purposes of ordering, payment, invoicing, delivery of the product or training, customer support, legal obligations and transaction security, in accordance with the applicable data protection legislation. Detailed information is set out in the ELQA KVKK Privacy Notice. The privacy notice does not constitute consent to receive commercial electronic messages for marketing purposes.

Where live training is to be recorded by ELQA, participants are informed separately before recording begins. Where recordings are to be used for other purposes such as advertising or marketing, the necessary legal conditions are satisfied separately.

16. Electronic documents, consent records and retention

The Pre-Information Form relating to the order, this agreement, the dates and times of confirmations, the payment result, delivery and access records and other related transaction records are retained for the periods prescribed by the applicable legislation. Information and documents relating to distance contract transactions are archived for at least the statutory minimum period.

When an order is completed, the product and service details, price, discount, contract version and consent records valid at that moment are stored as an unalterable snapshot specific to that order. Subsequent changes to prices, products or contracts do not alter the documents of past orders.

17. Force majeure

In cases of force majeure beyond the reasonable control of the parties that temporarily or permanently prevent performance, such as natural disasters, general communication or infrastructure outages, decisions of public authorities, epidemics, war or widespread cyber incidents, the affected party informs the other party as soon as possible. The consumer's mandatory statutory rights are reserved.

18. Applications, complaints and disputes

The Buyer may send requests to suzan.civiroglu@elqa.com.tr or +90 541 738 71 07. A Buyer qualifying as a consumer may apply to the Consumer Arbitration Committees or the Consumer Courts within the applicable monetary limits and rules of jurisdiction.

19. Entry into force

This Distance Sales Agreement is concluded electronically and enters into force when the Buyer expressly approves the order entailing a payment obligation, ticks the contract acceptance box and the payment is completed successfully.

The order number, the date and time of the contract and the document version appear in the contract copy issued for that order and are stored with the order record.

Annex - Model withdrawal notice

Use of the form below is not mandatory. In transactions where a right of withdrawal exists, the consumer may also communicate the decision to withdraw by a clear statement.

The notice should state the order number, the name of the product or service, the contract date, the name and address of the consumer, the statement “I hereby give notice that I withdraw from the contract for the product/service specified above”, and the date.

• To: Meryem Suzan Civiroğlu - ELQA Yönetim Sistemleri Eğitim ve Danışmanlığı
• Email: suzan.civiroglu@elqa.com.tr
• Address: Fatih Mah. Taksim Cad. No: 4/1 D: 4, Tire / İzmir, Türkiye