ARTICLE 1 – PARTIES
1.1. SELLER Title: Estheturk Danışmanlık Anonim Ĺžirketi (hereinafter referred to as the “SELLER”) Address:Kazımdirik Mahallesi 296. Sokak No:8 D:315, Folkart Time Bornova Sitesi, Office Block 1, Bornova/Ä°zmir MERSIS No: 03801274871100001 Telephone: +90 546 906 04 03 E-mail: info@youstemcell.com
1.2. BUYER (“CONSUMER”) Name/Surname: [As specified in the invoice] E-mail: [Registered in the system]
ARTICLE 2 – SUBJECT AND SCOPE
The subject of this Agreement is to determine the mutual rights and obligations of the Parties in accordance with the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts regarding the sale and electronic delivery of the digital content/service specified below, which the BUYER has ordered electronically via the SELLER’s website www.youstemcell.com (“Website”).
By accepting this Agreement electronically, the BUYER acknowledges that the product is digital content delivered instantly, and therefore, the standard Right of Withdrawal (Refund) is not applicable, except for the specific medical exceptions detailed in Article 5.
ARTICLE 3 – CONTRACT SUBJECT: DIGITAL PRODUCT DETAILS
Total Amount Payable (Including VAT): [-] TL
Delivery Method: Instant Electronic Delivery (Via E-mail or Membership Portal Access)
Shipping Fee: 0.00 TL (No physical shipment)
ARTICLE 4 – GENERAL PROVISIONS
4.1. Consumer Acknowledgement The BUYER declares that they have read the preliminary information regarding the basic characteristics, sales price, payment method, and delivery conditions of the product on the Website and have given the necessary confirmation in the electronic environment.
4.2. Digital Delivery and Performance The digital product subject to the contract is deemed performed instantly upon the transmission of the access link, password, or downloadable file to the e-mail address provided by the BUYER or upon definition to the user account. Once the access information is transmitted, the SELLER is deemed to have fulfilled its delivery obligation completely.
4.3. Intellectual Property and License The purchased product grants a Limited Non-Exclusive License, not a transfer of ownership. The BUYER agrees to use the digital content solely for personal use and undertakes not to copy, share with third parties, publish on public platforms, or reproduce the content for commercial purposes.
4.4. Technical Requirements The BUYER accepts that they possess the necessary technical equipment (computer, internet connection, appropriate software, PDF reader, etc.) to utilize the digital product. The SELLER cannot be held responsible for issues arising from the BUYER’s hardware incompatibility.
ARTICLE 5 – RIGHT OF WITHDRAWAL AND REFUND POLICY (IMPORTANT)
5.1. Statutory Exemption from Right of Withdrawal Pursuant to Article 15, Paragraph (Äź) of the Regulation on Distance Contracts; “Contracts for services performed instantly in the electronic environment or for intangible goods delivered instantly to the consumer” (e.g., e-books, software, online courses, digital codes) are EXEMPT from the Right of Withdrawal.
Therefore, the BUYER acknowledges that once the digital content is accessed or the download link is delivered, the RIGHT OF WITHDRAWAL (REFUND) IS VOID, and the sale is final.
5.2. EXCEPTIONAL CIRCUMSTANCE: MEDICAL EMERGENCY REFUND POLICY Although the SELLER is under no legal obligation to provide refunds for digital goods, the SELLER reserves the right to evaluate refund requests solely in the event of "Force Majeure Health Conditions" (Medical Emergencies).
A refund request under this clause will only be evaluated if ALL of the following strict conditions are met:
a) Time Limitation: The refund request must be submitted formally within seven (7) days from the date of purchase.
b) Severity of Condition: There must be a sudden, unforeseen, and severe health crisis (e.g., emergency surgery, severe accident, or hospitalization) that physically or mentally renders the BUYER incapable of utilizing the product. Minor ailments or pre-existing conditions do not qualify.
c) Official Documentation: The BUYER must provide an official medical report or hospital admission document signed and stamped by a certified health institution. The dates on the report must overlap with the purchase period. Simple prescriptions or verbal declarations are not accepted.
d) Non-Consumption Verification: The SELLER’s system logs must verify that the digital content has not been extensively downloaded, completed, watched, or consumed prior to the incident.
5.3. Procedure for Medical Exception Requests If the BUYER meets the criteria above:
The BUYER must cease all attempts to access the product.
The BUYER must email info@youstemcell.com with the subject line "URGENT: MEDICAL REFUND REQUEST" attaching the required medical documents and the invoice.
The SELLER will review the documents and system logs within 5 (five) business days.
If approved, the refund will be issued to the original payment method within 14 days, and access to the product will be permanently revoked.
ARTICLE 6 – TECHNICAL DEFECTS AND SUPPORT
6.1. In the event that the digital file is corrupted, the download link fails, or the content does not match the description (Defective Service), the BUYER must immediately contact Customer Service at +90 546 906 04 03
6.2. The SELLER is obligated to rectify the technical issue or provide a working copy of the file within 48 hours. A refund will only be issued if the technical defect cannot be resolved by the SELLER. Inability to use the product due to the BUYER's lack of technical knowledge or device incompatibility is not considered a defect.
ARTICLE 7 – DISPUTE RESOLUTION
For disputes arising from this Agreement, the Consumer Arbitration Committees or Consumer Courts located in the BUYER’s place of residence or where the transaction took place shall have jurisdiction, up to the monetary limits announced annually by the Ministry of Trade.
ARTICLE 8 – ENFORCEMENT
This Agreement consists of 8 (eight) articles. By placing the order and completing the payment, the BUYER is deemed to have accepted all terms of this Agreement, specifically the "No Right of Withdrawal" clause and the "Medical Emergency Exception" conditions.
