This Cancellation and Refund Agreement ("Agreement") is concluded between Ibility Teknoloji A.Ş. ("Seller") and the "Consumer" (Buyer) who purchases software products through https://ibilityapp.com ("Site").
The subject of this agreement is to determine the rights and obligations of the parties regarding the sale and delivery of the product(s) sold by the SELLER through the https://ibilityapp.com website, in accordance with the Consumer Protection Law No. 6502, the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and numbered 29188, and the Regulation on Amendment of the Distance Contracts Regulation published in the Official Gazette dated 23.08.2022 and numbered 31932.
The BUYER has the right to withdraw within 14 days from the delivery of the purchased digital product without giving any reason. However, it is stated that the software must be returned before use, the right of withdrawal can be exercised by the BUYER before using the software, and the right of withdrawal will not be valid after the use of the product. The BUYER may request a refund before starting to use the product, before using the license key and/or access information delivered digitally after delivery of the product. The refund request must be made within 14 days following the delivery of the product. The BUYER accepts that the product must not have been used, downloaded, or activated in any way to be eligible for a refund.
4.1. The SELLER has the right to cancel the sale of the product at any time, without giving any reason and without prior notice. When the SELLER cancels the sale of the product for any reason, it is obliged to refund the amount paid to the BUYER.
4.2. The SELLER may decide to cancel the sale for any reason before the BUYER starts using the product or before the delivery of the product. In this case, the SELLER is obliged to refund the amount paid to the BUYER.
4.3. The SELLER reserves the right to cancel the sale of the product. The refund to be made to the BUYER for the canceled product will be made in accordance with the payment method. The SELLER's right of cancellation can be exercised before or after the delivery of the product.
4.4. The SELLER has the right to terminate the agreement unilaterally due to unforeseen circumstances such as force majeure. Force majeure refers to unforeseen and unavoidable circumstances beyond the control of the SELLER (natural disasters, war, epidemics, internet access problems, etc.).
4.5. The SELLER has the right to terminate the agreement by giving written notice to the BUYER at any time, provided that it fulfills all its legal obligations. In this case, the amount paid to the BUYER will be refunded.
The BUYER must give written notice to the SELLER to request a refund. The notification can be made via the BUYER's specified email address. When the BUYER's refund request is accepted, the SELLER will refund the amount paid to the BUYER within 14 days. The refund will be made in accordance with the payment method used by the BUYER. The BUYER is obliged to declare that the product has not been used in any way and that the access information has not been used during the refund process. Otherwise, the refund will not be valid.
If the digital product and license keys have been started to be used by the BUYER, the BUYER's right of withdrawal and refund will not be valid. For products containing special personal data or requiring explicit consent, refund cannot be made without the consent of the BUYER.
The refund request made by the BUYER after starting to use the product may be rejected by the SELLER. In this case, the BUYER is free to continue using the product, but the fee paid will not be refunded. If the BUYER downloads or starts using the product, they will have lost the right of refund due to the product being a digital product.
The personal data provided by the BUYER during the refund request will only be used by the SELLER for the purpose of the refund process. This data will be processed and stored in accordance with the Personal Data Protection Law No. 6698. The SELLER will only use the BUYER's personal information for the purpose of fulfilling legal obligations during the refund process.
9.1. The SELLER has the right to terminate the agreement unilaterally by giving written notice to the BUYER in case of inability to perform its services due to force majeure. Force majeure refers to unforeseen and unavoidable circumstances beyond the control of the SELLER and may include, but is not limited to: natural disasters, war, government actions, epidemics, transportation disruptions, internet connection problems, or other technical failures.
9.2. In case of cancellation of the agreement due to force majeure, the SELLER is obliged to refund the amount paid to the BUYER. However, this refund will only be made after the force majeure situation ends.
For refund and cancellation transactions, the BUYER can contact the SELLER using the following communication channels:
In disputes arising from this Agreement, the Consumer Arbitration Committees and Consumer Courts of the SELLER's legal address, the BUYER's residence, or the place where the service was purchased are authorized.
This agreement has been prepared in accordance with the Consumer Protection Law No. 6502 and relevant legislation, and in case of invalidity of any provision, the other provisions will remain valid.