Distance Sales Contract
This Distance Sales and Subscription Sales Contract has been prepared in accordance with the Consumer Protection Law No. 6502, the Regulation on Distance Contracts and the Regulation on Subscription Contracts, and will be deemed to have been established upon approval by the person who purchased the subscription packages subject to the contract in the electronic environment.
1.Articles
Users : It describes the user who purchases the service subject to this contract,
Content : the intangible visual products such as photographs, videos, animations,
Platform : www.postuby.com site,
Seller : Postuby platform,
contract : this contract drawn up and concluded between the Seller and the Subscriber,
Parties : the Seller and the Subscriber.
2. Parties
2.1. Seller Information
Commercial Name : POSTUBY BİLİŞİM TEKNOLOJİLERİ ANONİM ŞİRKETİ
Adress : Zeytinlik Mah. FiÅŸekhane Cad. No:5 Carousel AVM 2B Katı – Workinton, 34158 Bakırköy / Ä°stanbul
tax name/ id number : BAKIRKÖY VERGİ DAİRESİ / 7321823963
E-mail address : info@postuby.com
2.2. Users Information
Name Surname :
ID number :
E-mail address :
3. Topic of the Contract
3.1. The subject of the contract is the acquisition of digital visual content, the qualifications and scope of which are determined in this contract, with monthly or annual subscription packages, and the determination of the rights and obligations of the Parties under this contract.
4. Subscription Package Types and Scope
4.1. The subscription packages that subscribers can purchase are monthly and annual subscription packages. The Subscriber who purchases one of the aforementioned subscription packages has the right to unlimited access to all visual content offered within the scope of the purchased package for 1 month or 1 year, depending on the type of package purchased. The terms of use of the services offered on the site and the platform are included in the “Postuby Membership and User Agreement” approved before the signing of this agreement.
4.2. Unless canceled at the end of the commitment period, monthly subscriptions are renewed every month and annual subscriptions are renewed every year. The fee is charged before the subscription package is renewed, and the subscription is renewed upon the completion of the collection.
4.3. Monthly packages are offered to the Subscriber with the option to download a certain number of content each month. The subscriber cannot download more than the number of content stipulated by the package he has chosen. If the possibilities offered by the package have never been used and the download has not been made, the relevant package will be transferred to the next month. Monthly packages that are never used are transferred for a maximum of two months and unused rights expire within three months from the start of the relevant subscription package. Cancellation and refund are not possible. If at least 1 download is made within the monthly subscription period, the remaining rights are not transferred to the next month, cancellation and refund are not made.
4.4. Within the scope of the subscription package, the Seller provides the users with the opportunity to download the content on the Site and to edit the content via the online editor. Again, during the subscription period, the Subscriber will be able to access all the content offered on the site and share the content on social media platforms.
Users Information Subscription Package Duration:
Subscription Package Start Date((Purchase date):
Address to Send invoice (E-mail Adress)
invoice address:
Payment method:
Subscription Package Fee::
5. Renewal, Cancellation and Termination of Subscription / Contract
5.1. The parties agree that this contract is renewed with the monthly/yearly renewal of the subscription package. The monthly subscription package purchased is renewed after 1 month (same day of the next month) from the date of purchase and this contract is extended for 1 more month. Similarly, the annual subscription package purchased is renewed and extended for 1 more year after one year (same day of the following year) from the date of purchase.
5.2. The user who does not want to extend / renew his monthly or annual subscription can request cancellation of the subscription and therefore the contract by using the “My Account” menu on the profile page before the subscription renewal date.
5.3. Subscription cancellation requests can be made at least 1 day (24 hours) before the subscription renewal date for both monthly and annual subscriptions.
5.4. Whether it is a monthly subscription or an annual subscription, cancellation requests are processed immediately, but the subscriber can benefit from the subscription package until the expiry of the period (1 month / 1 year) stipulated in the contract.
5.5. Postuby may delete the Subscriber’s account and unilaterally terminate this agreement in case of any violation of the “Postuby Membership and User Agreement”. It may terminate the use of subscription packages. If the account is deleted by Postuby for the reason stipulated in this article, even if the subscription period has not expired, the subscriber will not be able to benefit from the rights in the current package.
5.6. Postuby monthly and annual subscription packages offer a 7-day trial right to all users. The Subscriber expressly agrees that he/she will not receive a refund if he/she downloads any content within the 7-day trial period. After the 7-day trial period, the user cannot request a refund even if he has not downloaded any content.
6. Method of Purchase and Payment
6.1. Subscription packages subject to this agreement are purchased through the Site and collections are made from the bank or credit card whose information is entered on the payment page. Unless a subscription cancellation request is made by the subscriber before the renewal, collection will be made automatically from the bank or credit card (every month / every year) whose information is available in the system..
6.2. If no collection is made from the bank or credit card registered in the system during the contract renewal period, or if the bank or credit card information is deleted from the system, the contract will not be extended / renewed and will automatically expire.
7. Right to Change Subscription Fees
7.1. The Seller reserves the right to change the prices of the subscription packages offered. However, the changes made will be effective from the following subscription period, not the relevant subscription period. The Seller informs the Subscriber about the price change through various means. This notification must be made before the subscription renewal date.
8.Campaigns
8.1. The Seller may organize campaigns for the users in the subscription packages to be purchased under this contract and may enable the users to benefit from the services on the Platform at a discount for a certain period of time. The Seller reserves the right to determine the duration, scope and content of the campaigns and to change them at any time and to terminate the campaigns.
8.2. The subscriber may provide free or discounted packages to be defined by the platform to third parties that he/she determines, and may present monthly or annual subscriptions to third parties, provided that he/she pays the fee.
8.3. If the third party, to whom a subscription package is gifted, acts in violation of the Postuby Membership and User Agreement, the subscription package defined for him will be cancelled. Due to this, the Subscriber or the third party cannot claim any rights or receivables.
9. Place and Time of Performance of the Service Subject to the Contract
9.1. The place where the service subject to this contract will be performed www.postuby.com site. Upon the approval of this contract by the user in the electronic environment and the realization of the payment, the Subscriber can start using the services offered on the platform. If, for any reason, the collection cannot be made from the registered payment instrument, the sale of the subscription package cannot be completed and the performance of the service cannot be started.
9.2. The Subscriber agrees and declares that he will not hold the Seller responsible if the service has not been started and the services have not been utilized due to natural disasters, war, cyber-attack, force majeure and technical problems not caused by the seller.
9.3. If the performance of the service could not be started or there was a disruption in the services due to the faulty conditions of the Seller, the legal rights of the Subscriber are reserved..
10.Violation of User Agreement
10.1.The Subscriber accepts, declares and undertakes that if he/she violates the “Postuby Membership and User Agreement”, this contract will also be terminated, that he/she will not be able to benefit from the subscription packages he/she has purchased, that the subscription price paid will not be refunded and that he/she will not be able to claim any rights or receivables against the Seller.
11.Right of withdrawa
11.1. Since the services offered by the Seller within the scope of the subscription package subject to the contract are within the scope of the services performed instantly in the electronic environment according to subparagraph (ÄŸ) of Article 15 of the Regulation on Distance Contracts, the Subscriber has no right of withdrawal.
12. Prior Information Confirmation
12.1. The Subscriber accepts and undertakes that the Seller has given preliminary notification in accordance with the procedures specified in Article 6 of the Regulation on Distance Contracts.
13. Personal data protection
13.1. All personal data shared by the Subscriber for the purchase of the subscription package and the use of the service within the scope of the package are processed by the Seller in accordance with the provisions of the Law on Protection of Personal Data No. 6698, relevant regulations and board decisions. The Subscriber accepts and declares that he/she knows that he/she can access detailed information about which personal data are processed for what purposes and on what legal grounds, and the status of transferring his personal data domestically and abroad through the “Privacy Policy and KVKK Clarification Text” available on the Platform.
13.2. The Seller, as the data controller, will act in accordance with the relevant legislation; undertakes that it has taken and will continue to take all technical and administrative measures for the processing of personal data in accordance with the legislation.
13.3. The Seller undertakes not to process personal data without obtaining the explicit consent of the Subscriber in cases where explicit consent is required for the processing of personal data.
13.4. As part of the protection of personal data, we do not collect or store users’ bank or credit card information in our system. Card information is stored by Iyzico, the authorized intermediary payment institution that provides secure payment.
14. Commissioned and Authorized Court / Consumer Arbitration Committee
14.1. In disputes arising from the implementation of this contract and the “Postuby Membership and User Agreement”, the Consumer Arbitration Committee of the place where the consumer and the consumer transaction is located and the Consumer Court of the place of residence of the defendant and the subscriber on the date of the lawsuit are authorized.
14.2. Istanbul Çağlayan Courts and Enforcement Offices are authorized for disputes that arise in cases where the subscriber does not have the qualifications of a consumer.
14.3. The monetary limit determining the authorization between the Consumer Arbitration Committee and the Consumer Court is as follows:
- District Consumer Arbitration Committees for disputes under 7,550 Turkish Liras
- Consumer Arbitration Committees for disputes between 7,550 Turkish Liras and 11,330 Turkish Liras in metropolitan provinces
- Provincial Consumer Arbitration Committees for disputes under 11,330 Turkish Liras in the centers of provinces that are not metropolitan
- Provincial Consumer Arbitration Committees are authorized in disputes between Turkish Lira and 11.330 Turkish Liras.
14.4. In disputes above the monetary limits stated above, the Consumer Court is authorized, and where there is no Consumer Court, the Civil Court of First Instance is authorized as the general jurisdiction.
15 Evidential contract
15.1. The Subscriber agrees that the commercial book records, databases, server and computer records and all electronic records of the Seller shall constitute definitive and sole evidence in all disputes that may arise from this contract; accepts and undertakes that this article is a contract of evidence in accordance with article 193 of the Code of Civil Procedure..
16. Declarations
16.1. All kinds of notifications and correspondence between the Seller and the Subscriber will be made through the e-mail addresses written in this contract. The forms of notification stipulated by the law are reserved and are not within the scope of this article.
17. Effectiveness and Validity
17.1. This contract consists of 16 articles and has been established after the Subscriber approves the contract electronically using the click wrap method and the payment is made.
17.2.The subscriber accepts that he has read and approved all the articles of the contract. A copy of this agreement has been sent to the Subscriber via e-mail.