Distance Sales Agreement | Emparazon

Distance Sales Agreement

ARTICLE 1. PARTIES

In this agreement, 'EMPARAZON LLC' (hereinafter referred to as 'COMPANY') and www.emparazon.com (hereinafter referred to as 'Website'), which is owned by the COMPANY, will be/will be a member (from this moment on, briefly) It will be referred to as 'MEMBER'.) It has been arranged and signed between real or legal persons by mutual agreement on all articles on the date of approval by the member on the site. This contract, the rights and obligations of the parties; It was created in order to determine the conditions of use of the services, applications and content offered on the website. This contract imposes a number of rights and obligations on the parties, and when the parties accept this contract, they declare and accept that they will fulfill the aforementioned rights and obligations completely and within the conditions requested in this contract.

ARTICLE 2. DEFINITIONS

The definitions given below refer to the information written against them.

  • Website: www.emparazon.com
  • Firm: 'EMPARAZON LLC', registered at '30 N Gould St Ste R Sheridan, WY 82801 US', owner of 'www.emparazon.com' website and brand, email address '[email protected]'
  • User: Natural or legal persons accessing the 'Website' from the virtual environment
  • Member: Real and/or legal persons who benefit from the services provided within the Website within the terms and conditions specified in this contract
  • Membership: From the relevant section of the Website, electronically signing and approving the Agreement required by the User who wants to become a “MEMBER”, giving identity information, making the registration by confirming the correctness of the identity information and registering by the “COMPANY” It is completed with the approval of the transaction. Until the membership process is completed, you cannot have the right and authority to become a 'MEMBER' defined in this agreement.
  • For Amazon Americas;
    • www.amazon.com
    • “www.amazon.ca”
    • “www.amazon.com.mx” websites
  • For Amazon European Countries;
    • www.amazon.co.uk
    • www.amazon.de
    • www.amazon.fr
    • www.amazon.nl (To be added)
    • www.amazon.it
    • www.amazon.es
  • For Amazon Asian Countries;
    • www.amazon.co.jp (To be added)
    • www.amazon.sg (To be added)
    • www.amazon.com.ae (To be added)
  • For Amazon Australia Country;
    • www.amazon.com.au
  • Views: Information on how many times users clicked on the products on the site of all Amazon countries (America, Europe, Asia, Australia) within a certain time period.
  • Store: Natural or legal persons who sell through the sites of all Amazon countries (America, Europe, Asia, Australia)
  • Agreement: Site Membership Agreement

ARTICLE 3. GENERAL PROVISIONS

All services to be provided by EMPARAZON LLC under this contract are solely related to the provision of data. The COMPANY has no legal responsibility for the data and statistics provided under this contract. The MEMBER shall not have any responsibility for the disputes arising from third parties. The services to be provided are subject to a fee and if the payment is not made at the time and amount stipulated in the contract, the COMPANY shall have no liability regarding this agreement. The parties accept and undertake that the MEMBER will be responsible for the compensation.

ARTICLE 4. CONTENT AND SCOPE OF THE SERVICE TO BE OFFERED BY THE COMPANY

With this contract, the COMPANY agrees and undertakes to provide the MEMBER with the services detailed below.

For all Amazon sites;

  • The number of daily views of the products in the Amazon catalog, the total number of views per month, the average prices, estimated sales values, estimated turnover values, estimated profit margins, the number of comments they receive, the ratings of the stores, the searches that the user will make with the filters to be applied, the products with high demand and low competition. to obtain information about what is happening,
  • Sharing with the member the number of sales, price, comments and views of the product that the member has followed,
  • The product's cost, shipping information, VAT etc. sharing information and product profitability analysis with the MEMBER,
  • Filtering the product range in the Amazon catalog according to the criteria determined by the MEMBER (price, number of sales, number of comments, number of views) and sharing the estimated monthly sales and turnover expectations for the determined products with the MEMBER
  • Making membership transactions on the Member's Website, obtaining the MEMBER's personal information (name, surname, e-mail and mobile phone), keeping it securely, ensuring that this information is updated on the Website by the MEMBER when requested by the MEMBER or when the Website deems it necessary due to security practices.

ARTICLE 5. INFORMATION AND DOCUMENTS AND RIGHTS AND OBLIGATIONS THAT MEMBER IS OBLIGED TO PROVIDE

5.1. In order for the COMPANY to provide the services specified in the contract completely, following the approval of the contract by the MEMBER, the membership fees specified in the contract must be paid to the COMPANY and they must install the Google Chrome extension.

5.2. The MEMBER undertakes to present all the information requested by the COMPANY completely and accurately. In the event that the MEMBERSHIP information is false, the COMPANY always has the right to terminate the contract. The MEMBER accepts that he is responsible for the damages that may arise in case the information is inaccurate or incomplete. and commits.

5.3. The MEMBER has a 'User Name' and 'Password' to be determined by himself/herself that he/she needs in order to perform some operations on the Website.

5.4. Username is unique to the MEMBER and the same Username is not given to two different members. The 'Password' is known only to the MEMBER. The MEMBER can change his password at any time. The choice and protection of the password is entirely the responsibility of the user. Username and password are created by third parties. absolutely unusable.

5.5. The MEMBER accepts and undertakes that he is responsible for all the transactions he will make with the user name. In case the user name and password are used by third parties without any fault of the COMPANY, all responsibility belongs to the MEMBER.

5.6. In the event that the services provided under this contract cannot be accessed permanently as a result of the COMPANY's fault or negligence, the MEMBER has the right to notify the COMPANY in advance of this situation and to terminate the contract rightly if he does not receive any response within 5 working days. Without prior notification to the COMPANY There is no possibility of termination based on a just cause.

ARTICLE 6. GENERAL PROVISIONS REGARDING THE PARTIES

6.1. The MEMBER cannot sell, rent, make available to third parties the data provided to him or publish it on different sites or channels. In case of detection of such a situation, the COMPANY reserves the right to take all legal action against the MEMBER. In such a case, the contract COMPANY may be terminated immediately without any liability for reimbursement and compensation.

6.2. All figures to be stated by the COMPANY under this contract are probable estimates. The parties mutually accept and declare that the COMPANY will not have any responsibility in the event that the figures are not realized. The number of sales, turnover, any estimation or expectation are NEVER definite and in terms of the COMPANY. Based on this matter, the MEMBER will not be able to demand any reimbursement, compensation, expense or payment under any name based on the claim that the expectations of the COMPANY are not fulfilled or that he/she has been misled.

6.3. The COMPANY does not share the personal information requested from the MEMBERS with third parties, and cannot use it for commercial purposes for any reason other than activity.

ARTICLE 7. PROVISIONS REGARDING PRICING AND PAYMENTS

7.1. There are three types of services specified in this agreement, these are 'Web application' package, 'Google Chrome Plug-in' package and 'Web Application + Google Chrome Plug-in' package. All payments to be made are subject to the following rules.

1. The 'web application' package is limited to one month and one year usage and the fee to be paid;

  • Monthly 7.99 $ including VAT
  • Annual 79.90 $ including VAT

The fee to be paid for the 2. 'Google Chrome Extension' package;

  • Monthly 7.99 $ including VAT,
  • Annual 79.90 $ including VAT

3. The fee to be paid for the 'Web App + Google Chrome Extension' package;

  • Monthly 12.99 $ including VAT,
  • It is 129.90 $ including VAT per year.

Cancellations for monthly packages;;

  • MEMBER will continue to use the package until the end of the monthly subscription period (month).;
  • Since the subscription system is charged, the package will be automatically updated at the end of the usage period and the fee will be charged unless the MEMBER cancels the package purchase.
  • No Refund will be made for monthly package cancellations.

For Annual Packages,

Annual package cancellation will be evaluated by the COMPANY after the official cancellation application to the COMPANY and the cancellation process will be at the discretion of the COMPANY. The company will carry out the cancellation process by making the necessary fee assessment.

  • When the current package is canceled and a new package is received,

For monthly packages;

  • Along with the new monthly package, the old package rights can be continued to be used until the end of the period (month).
  • No refunds will be made for monthly package cancellations and changes.

For Annual Packages;

  • In case the annual packages are canceled and a new monthly package is purchased instead, a cancellation request will be sent to the relevant COMPANY via its official e-mail, and the package will be canceled as a result of the COMPANY's initiative and pricing evaluation. Monthly package purchased can be used during the period following the trial period.
  • In case the annual packages are canceled and a new Annual package is purchased instead, a cancellation request will be sent to the relevant COMPANY via its official e-mail, and the package will be canceled as a result of the COMPANY's initiative and pricing evaluation. The new annual package purchased can be used during the period following the trial period.

7.2. All services to the MEMBER will be provided by the COMPANY under this contract.

7.3. In case of violation of the rules and conditions stipulated in this contract, the COMPANY has the right to cancel the Contract and not to make any refunds. By accepting this contract, the MEMBER is deemed to have explicitly accepted these issues.

7.4. In case of overpayment to the COMPANY by mistake, the COMPANY management makes the necessary examination within 15 working days following the submission of the necessary documents (bank receipt, approved official bank letter showing the credit card withdrawal process) to the COMPANY in writing, together with the application. and if such a situation has occurred, it agrees to refund the overpayment to the member.

7.5. All fees are stated as VAT included.

ARTICLE 8. PRIVACY AND KVKK TERMS

The COMPANY undertakes against the MEMBER to act in accordance with the terms and policies in the KVKK “Clarification Text” specified on the website 'www.emparazon.com'. By signing this agreement, the parties are deemed to have accepted the privacy policy.

ARTICLE 9. TERMINATION / RIGHT OF WITHDRAWAL

9.1. If the COMPANY determines that the obligations specified in this contract have been violated by the MEMBER, it has the right to terminate the contract unilaterally without prior notice. In the termination to be made for this reason, no refund will be made to the MEMBER regarding the service fee paid. In addition, the COMPANY will not be liable for any compensation due to the termination of the contract. By accepting this contract, the MEMBER is deemed to have accepted this provision.

9.2. In case the MEMBER wishes to terminate the contract without a valid reason, the COMPANY must notify the e-mail address stated in the contract that they have terminated the contract. The notification to be made must be made through the e-mail addresses specified in this contract. Otherwise, the parties accept and undertake that the declaration of termination will not have any consequences. Until the date of termination of the contract, the parties will continue to be responsible with all their obligations. The parties agree and undertake that the remuneration will continue until the termination date. In the event that the MEMBERS terminate the contract before the end of their membership period, the MEMBER will not be able to request the refund of the period from the date of termination until the end of the membership period.

9.3. In case the COMPANY terminates the contract for just cause, it will be entitled to receive the remaining balance fees of the contract.

9.4 Since this product falls under the exceptions in Article 15 of the Regulation on Distance Contracts, the members do not have the Right of Withdrawal. In addition, since it is a free usage package, MEMBERS cannot have a situation of not knowing the product content.

ARTICLE 10. FORCE MAJEURE

If the obligations arising from the contract become unfulfilled by the parties due to reasons not under the control of the parties, such as natural disasters, fire, explosions, civil war, wars, public movements, declaration of mobilization, strikes, lockouts, infrastructure and internet failures, power cuts. , the parties will not be held responsible for this. During this period, the rights and obligations of the parties arising from this contract are suspended.

ARTICLE 11. NOTIFICATION

All notifications to be sent to the parties related to this contract must be made to the e-mail addresses of the parties stated in this contract. In the event that one of the parties changes its address, it must notify the other party of the contract in writing. Otherwise, all notifications will be considered valid.

ARTICLE 12. LEGAL LEGISLATION AND RESOLUTION OF DISPUTES

The laws and regulations of the Republic of Turkey shall apply to the resolution of all disputes arising under this contract. Authorized Court is Ankara Courts and Enforcement Offices.

ARTICLE 13. ENFORCEMENT

This contract has been signed electronically by the parties on the date ....... by mutually agreeing on all provisions. In the event that any provision of this contract is terminated for any reason, the remaining provisions will continue to apply. This contract consists of 13 articles and will become effective as of the date it is accepted and signed.