Terms

DISTANCE SALES CONTRACT

This Distance Sales Contract has been established electronically between the parties defined below within the framework of the terms and conditions specified in the Contract .

Pursuant to Article 3 of the Law No. 6563 on the Regulation of Electronic Commerce and the relevant provisions of other legislation, all introductory information about KEP Dijital Müzecilik ve Turizm İşletmeleri A.Ş. is included in this Contract, the Sales Platform and also in the Preliminary Information Text as updated.

ARTICLE 1- PARTIES

1.1. Kep Dijital Müzecilik ve Turizm İşletmeleri A.Ş.

Address : Etiler Mah. Seher yıldızı sok. Astel İş Ofisi No:12-14 Beşiktaş / İstanbul

Cent. Reg. Sys. No : 0544138863800001

Tax No. : 5441388638

Phone : 0850 346 33 36

E-mail : contact@demmuseums.com

Contact Address for Complaints : Etiler Mah. Seher yıldızı sok. Astel İş Ofisi No:12-14 Beşiktaş / İstanbul

Hereinafter referred to as “KEP” .

1.2. BUYER

Name/Surname : [.]

Address : [.]

Phone : [.]

E-mail : [.]

Hereinafter referred to as “Buyer” .

The Buyer and KEP will be referred to together as “Parties” and separately as “Party” under the Contract .

ARTICLE 2 – DEFINITIONS

Each of the following terms/phrases/words is used in this Contract in accordance with the definition opposite it.

Buyer : refers to the natural person who purchases the Ticket subject to the Contract for commercial or non-professional purposes,

Ministry : refers to the Ministry of Trade of the Republic of Türkiye,

Ticket(s) : refers to the printed or digital ticket(s) whose qualities, quantity and sales price are specified in Article 5 of the Contract,

Event(s): refers to all kinds of audio and/or video organizations that are offered for sale through the Sales Platform, organized under the supervision of KEP, and put on display,

Law : refers to the Law No. 6563 on the Regulation of Electronic Commerce ,

Archaeological Site : refers to the Archaeological Site where the Digital Experience Museum is located where the Ticket Subject to the Contract is valid ,

Preliminary Information Form : refers to the form prepared to inform the Buyer of the minimum requirements specified in the Regulation before the conclusion of the Contract or the acceptance by the Buyer of any offer in return for it,

Sales Platform  : refers to KEP’s website www.demmuseums.com or mobile application, other online platforms where tickets are on sale ,

Contract : refers to this Distance Sales Contract signed between KEP and the Buyer ,

Regulation : refers to the Distance Sales Regulation .

ARTICLE 3- SUBJECT

The subject of this Distance Sales Agreement is to regulate the rights and obligations of the Parties in relation to the sale and delivery of the Ticket, the qualifications, quantities and sales price of which are specified in Article 5 of this Contract, to the Buyer upon the order request of the Buyer through KEP’s Sales Platform.

The Parties accept, declare and undertake that they know and understand their obligations and liabilities arising from the Law and the Regulation under the Contract .

ARTICLE 4- MATTERS THAT THE BUYER IS INFORMED IN ADVANCE

4.1. The Buyer shall be deemed to have read, understood and accepted the contents of the Preliminary Information Text, the Terms of Use, the provisions of the Contract and the Privacy Statement by performing the Ticket purchase transactions through the Sales Platform.

4.2. By purchasing Tickets from the Sales Platform and confirming his/her order, the Buyer shall be deemed to have accepted that he/she is bound by the provisions of this Contract previously transmitted to the Buyer. Therefore, the Buyer accepts that he/she has been informed that the provisions of this Contract shall apply to the Tickets purchased from the Sales Platform and to all processes, procedures and transactions related to the event.

4.3. Buyers and/or Ticket holders must arrive at the site/place where the Event will be shown 10 minutes before the start of the Event. KEP is authorized to make changes in the minutes specified in this article. By purchasing a Ticket, the Buyer accepts that he/she will comply with all terms and conditions specified and announced for the Event and the provisions of the Contract, if any. Otherwise, the Buyer acknowledges and accepts that if he/she does not comply with any of the terms and conditions specified and announced for the Event, he/she may not be allowed to enter the Event or may be removed from the Event site even if he/she has purchased a Ticket.

In this case, KEP shall not have any responsibility and there shall not be any payment obligation including the ticket price.

4.4. The Buyer accepts and declares that before purchasing the Ticket subject to the Contract, KEP has fulfilled the necessary preliminary information obligation within the scope of the legislation, received a preliminary information confirmation in writing, and in addition, has been clearly and understandably informed that “in case your ticket purchase order is approved, it will be under payment obligation” with this Contract and its preapproval.

4.5. The Buyer accepts, declares and undertakes that, prior to the creation of the order and the establishment of the Contract, he/she has been accurately and completely informed about all matters related to the conclusion and implementation of the Contract, including all general-specific explanations on the relevant pages and sections of the Platform, the Contract, the Preliminary Information Form or otherwise, including the following, and that he/she has read and understood them:

a) KEP’s company information, Central Registration System number or tax identification number and contact information and other identifying information ,

b) Information on all features of the Ticket and the service provided by KEP, as well as the total Ticket/Service price including all taxes and all additional charges, if any ,

c) Information on payment, delivery, performance and the remedies for complaints regulated in the Contract,

d) The applicable confidentiality, data use-processing and electronic communication rules for the Buyer information applied by KEP and the scope of the permissions given by the Buyer to KEP in these matters, the legal rights of the Buyer, the rights of KEP and the procedures for the use of the rights of the Parties,

e) Information that there is no right of withdrawal regarding the Tickets subject to the Contract pursuant to Article 15.g. of the Regulation ,

f) Information that the Buyer and/or the Ticket holder may be requested to attend an earlier or later event session than the session time specified on the Ticket in case of intensity in the performance of the Event,

g) Information that the Buyer may apply to the consumer court or consumer arbitration committee in case of disputes.

ARTICLE 5- TICKET DETAILS

5.1. The main features regarding the Ticket subject to the Contract, the service provided by KEP and the Event are included in the Sales Platform and this information has been approved by the Buyer. 

5.2. The Buyer agrees in advance that if he/she approves the order subject to the Contract, he/she will be obliged to pay the price subject to the order and the additional fees, if any, such as taxes, and that he/she has been informed in this regard.

5.3. All amounts payable for the ticket and/or the service provided by KEP (sales price including all taxes, instalment difference amount, etc.) are shown in the table below.

5.4. KEP is authorized to determine the price of the Ticket offered for sale on the Sales Platform, the service provided by KEP and/or the Event within the framework of the legal legislation.

5.5. Invoice related to the Ticket will be submitted as an e-archive invoice to the Buyer’s e-mail address within one week after the booking day specified on the Ticket.

5.6. The Ticket subject to this Contract is required for participation in the Event in the facilities located in the Archaeological Site and the entrance ticket to the Archaeological Site must be provided by the Buyer.

ARTICLE 6- GENERAL PROVISIONS

6.1. The Buyer declares and undertakes that he/she has purchased the Ticket for his/her personal use exclusively, without any commercial purpose, and that he/she will not use the Ticket for any commercial business or any other activity, except with express written permission. In addition, the purchased Ticket cannot be sold to third parties under any circumstances, the Ticket cannot be offered for sale at an additional price or otherwise; the purchased Ticket cannot be used for promotional or other commercial purposes, including but not limited to advertisements, competitions and sweepstakes, or used illegally.

6.2. KEP may limit Ticket purchases per person and/or per credit card in some Events. In case of any violation of this rule, KEP reserves the right to cancel unilaterally, without prior notice, Tickets purchased over the specified quantity limit, whether the Ticket purchase is made by using more than one card or by using cards of members of the same household. It is strictly forbidden to purchase Tickets through the use of automated means.

6.3. The Buyer is responsible for controlling and keeping the Tickets. Tickets will be sent to the Buyer’s e-mail address. The security of these tickets sent to the e-mail address belongs to the Buyer. In the event that the tickets are obtained and used by third parties due to a security vulnerability in the e-mail address, the responsibility belongs to the Buyer. Tickets delivered to the Buyer as paper may be damaged and become unusable due to direct sunlight or heat and must be kept in a safe and dry area. KEP is not responsible for lost, stolen or destroyed Tickets under any circumstances. In this case, the Buyer declares and accepts that he/she knows that he/she cannot be given a new Ticket and/or cannot exchange the Ticket.

6.4. KEP may cancel the Events or change the dates of the Events in cases where the Event cannot be presented due to reasons such as the occurrence of force majeure circumstances. The procedure to be applied in this case shall be determined by KEP and announced on the Sales Platform and other digital platforms. In case of cancellation or postponement of the Event, the Buyer shall be informed in writing within 2 days following the occurrence of such cancellation or postponement. In this context, the Buyer is solely responsible for ensuring that the contact information he/she notifies to KEP is up-to-date and correct in order to be informed about possible updates regarding the Ticket and that the messages are not transferred to the trash box (SPAM box).

6.5. Except for the cancellation and/or postponement of the Event, all Ticket sales are definite. Pursuant to subparagraph (g) of Article 15 of the Regulation titled “Exceptions to the Right of Withdrawal”, contracts for accommodation, transportation of goods, rent a car, supply of food and beverages and leisure time for entertainment or recreation that must be made on a specific date or period are among the contracts that are included in the exceptions to the right of withdrawal, therefore the Buyer has no right of withdrawal regarding the Ticket purchased. In case of loss, theft, damage or destruction of the Tickets for any reason, no Ticket replacement/new Ticket printing or refund will be made. Except for the cancellation of the Event, Tickets sold will not be cancelled, exchanged or refunded in any way after the sale process. However, in cases where it is not possible for the Ticket holder to attend the rescheduled Event, the Buyer may be refunded, provided that the refund procedures are followed. The refund amounts are limited to the refund amount written on the purchased Ticket and it is not possible to claim any other amount.

6.6. In addition to the provisions of the Contract, the tickets and/or the terms and conditions of ticket purchase are also regulated by the announced rules and regulations of the Archaeological Site and the Event. Any breach of any of the aforementioned rules and regulations or any unacceptable behavior that may cause damage, inconvenience or injury, breach of the provisions of the legislation (including for reasons of public safety or non-compliance with measures taken to combat the spread of Covid 19) authorizes KEP to exclude the Purchaser from the Event, in which case the Purchaser will not be entitled to a refund. In the event of the occurrence of the aforementioned situations, KEP shall not have any responsibility and shall not be liable for any payment, including the ticket price. Security searches may be conducted from time to time at the event site in order to ensure public safety. In addition, KEP has the right to cancel the sale of Tickets to the Buyer who does not have various personal information for the purpose of implementing the provisions of the relevant legislation, for security reasons or for other reasons.

6.7. Entry and exit to the Event site is subject to the rules and regulations of KEP. As a rule, if you leave after the ticket control, you cannot re-enter the Event site.

6.8. The use of cameras, mobile phones or recording equipment is subject to the rules and regulations to be determined by KEP. Accordingly, the use of cameras or other recording equipment, laser pens and mobile phones may be prohibited in the Event site or in certain areas.

6.9. KEP may prohibit animals from entering the Event site, with the exception of guide dogs for the disabled.

6.10. KEP may prohibit outside food and beverages brought into the Event site by the Buyer and Ticket holders .

6.11. KEP does not take any responsibility for the personal belongings of the Buyer and Ticket holders. In this context, the Buyer and Ticket holders are personally responsible for the protection of their belongings.

6.12. Buyers and Ticket holders who purchase Tickets for the event are only entitled to one place with the value written on the ticket and KEP reserves the right to give the Buyer and/or Ticket holders a place different from the place specified on the Ticket.

6.13. KEP may request the Buyer and/or the Ticket holder to attend the previous or the next Event session in case of any congestion in the screening of the Event. The Buyer has accepted these matters in advance.

6.14. KEP is not under any other obligation, commitment and responsibility other than the price written on the Ticket and the provision of the service subject to the relevant Event. Therefore, KEP cannot be charged for travel expenses, accommodation expenses, car park-gasoline-transit expenses and any other amount regardless of the name under which, other than these obligations, for any reason. The Buyer has accepted, declared and undertaken in advance that KEP’s liability is limited to this article and that he/she will not accept KEP responsible regardless of the name under which, except for the limit of liability in this article.

ARTICLE 7- RULES AND CONDITIONS REGARDING THE PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC COMMUNICATIONS AND INTELLECTUAL PROPERTY RIGHTS

7.1. Within the scope of Law No. 6698 on the Protection of Personal Data, identity, contact, customer transaction and transaction security information belonging to the Buyer and/or Ticket holders, which may be defined as personal data; to take orders, to provide the service provided by KEP, to solve systemic problems, to perform payment transactions, and – in case of prior consent – to be used in marketing activities about the Ticket and service, In order to update the information belonging to the Buyer and / or Ticket holders and for the management and maintenance of memberships and the execution of the Contract and other contracts established between the Buyer and KEP and for the technical and other similar functions of third parties to be provided by KEP, the above-mentioned data can be processed and used by KEP and / or persons within the same group of companies with KEP .

7.2. Commercial electronic communications may be made to the Buyer and/or Ticket holders by KEP via SMS/text message, instant notification, automatic call, computer, telephone, electronic mail, fax, other electronic media in case the Buyer has commercial electronic permission for the purpose of promotion, advertisement, communication, promotion, sales and marketing regarding all kinds of services in accordance with the legislation in force.

7.3. The necessary measures for the security of the information and transactions entered into the Sales Platform by the Buyer have been taken in KEP’s own system infrastructure to the extent of today’s technical facilities according to the nature of the information and transaction. However, since the mentioned information is entered from the devices belonging to the Buyer, it is the responsibility of the Buyer to take the necessary measures, including those related to viruses and similar harmful applications, to ensure that they are protected by the Buyer and cannot be accessed by unrelated persons.

7.4. The Buyer undertakes that the data provided under the Contract is accurate and up-to-date and that it will make the necessary updates through the Sales Platform in case the information changes.

7.5. All intellectual rights and property rights belong to KEP, except those belonging to other third parties according to KEP’s contract; regarding all kinds of information and content belonging to the Sales Platform and their arrangement, revision and partial / complete use.

7.6. Detailed information about the personal data processed by KEP belonging to the Buyer and/or Ticket holders can be accessed via the “PERSONAL DATA CLARICATION TEXT” available at www.demmuseums.com/kvkk_tr.pdf.

ARTICLE 8- FINAL PROVISIONS

8.1. Turkish law shall apply to the interpretation of this Contract. In the event of any dispute arising out of this Contract and/or the services to be provided or the purchase of Tickets, the dispute shall firstly be tried to be resolved by settlement. However, in cases that cannot be resolved by settlement, the Consumer Arbitration Committees or Consumer Courts in the place where the Buyer purchased the Ticket or where the Buyer’s residence is located in accordance with the values and amounts announced by the Ministry are authorized to resolve the dispute.

8.2. This Contract consists of 8 (eight) main articles and has been read by the Parties and signed and entered into force on the transaction date by being approved electronically by the Buyer. A copy of the Contract shall be sent to the e-mail address notified by the Buyer.

SELLER : KEP Dijital Müzecilik ve Turizm İşletmeleri A.Ş.

BUYER :

Date :