ARTICLE 1 – PARTIES

PROVIDER

Company Name:    YELMER LTD (Unit 2C, Little Britain House, Alma Road, Chesham, HP53HB, United Kingdom)

E-mail: info@yelmer.net

USER

Full Name:  [invoice-name]  [invoice-company]

Address:  [invoice-address]

Phone:  [phone]

E-mail:  [email]

Tax Number:  [tax-number]

ARTICLE 2 – DEFINITIONS

Subscription           : The right to use a service or service package offered via the Application by requesting it and paying the required fee, which can be used for as long as the monthly or annual payment is made based on the subscribed package.

Service              : Modules, tools, and capabilities offered through the Application.

Application         : app.mysys.com, MySYS Chrome Extension, and the MySYS GLOBAL Warehouse Management System subscription as specified by the USER in the MySYS GLOBAL – Setup Settings form for the Application URL.

Website        : www.mysys.com

User           : Individuals or entities subscribing to the services offered via the Application under the terms and conditions specified in this agreement and making the required payment.

Marketplace           : Platforms such as Amazon, eBay, Shopify, GittiGidiyor, Trendyol, etc., allowing buyers and sellers to engage in e-commerce electronically.

Store             : E-stores created by individuals or entities selling on Marketplaces.

Contract          : This Distance Sales Contract.

Provider           : YELMER LTD

User E-mail Address  : The electronic mail address determined by the USER as the “Username” when starting the SUBSCRIPTION.

ARTICLE 3 – SUBJECT AND SCOPE OF THE CONTRACT

The subject of this contract is to determine the rights and obligations of the parties concerning the sale and delivery of services with the features specified in the contract, ordered electronically by the USER for the use or purchase (subscription) of the products owned by the PROVIDER via app.mysys.com or www.mysys.com, or via the Application URL designated by the user for the MySYS GLOBAL Warehouse Management System.

The USER accepts and declares that they have been informed electronically by the PROVIDER about all pre-information such as the PROVIDER’s name, title, address, telephone, and other contact information, the main features of the service subject to the sale, the sale price including taxes, payment methods, delivery conditions, and costs, and all other relevant details, including the right of withdrawal and how to exercise this right, and that they have confirmed this pre-information electronically before ordering the goods.

The pre-information provided on the app.mysys.com application and www.mysys.com website, and the invoice issued upon the USER’s order, are integral parts of this contract.

ARTICLE 4 – MAIN FEATURES AND PRICE OF THE SERVICE SUBJECT TO THE CONTRACT

The type, kind, main features, sales price including taxes, and invoice information of the product(s) are as follows:

Products and Descriptions:

[subscription]

Subscription Fee: [price-unit-monthly-annual]

Invoice Information:

[id-number]

[invoice-name]

[invoice-address]

[tax-number]

Phone Number:  [phone]

E-mail Address:  [email]

ARTICLE 5 – DELIVERY OF THE SERVICE AND METHOD OF DELIVERY

The contract is deemed to be approved and effective when the USER registers on MySYS Chrome Extension or app.mysys.com by ticking the “I accept the Terms of Use” checkbox and verifying their email, and the SUBSCRIPTION is started by paying the service fee to the PROVIDER. As of this moment, the USER can log into the Application with their User E-mail Address and the password they set, and can immediately start using the services subject to the contract, excluding the MySYS GLOBAL Warehouse Management System.

For the use of services under the MySYS GLOBAL Warehouse Management System, the service will begin within 10 business days after the USER has fully filled out, saved, and submitted the MySYS GLOBAL – Setup Settings form in accordance with the information notes available in the form.

Situations that arise outside the control of the parties and that prevent either or both parties from fulfilling their obligations or making timely deliveries due to unforeseen circumstances are considered force majeure (natural disasters, war, terrorism, insurrection, changing legislative provisions, expropriation, or significant breakdowns in production or communication facilities, etc.). The party affected by force majeure will notify the other party in writing immediately.

During the continuation of the force majeure, neither party shall be held responsible for their inability to fulfill their obligations. If such force majeure continues for 30 (thirty) days, either party shall have the right to unilaterally terminate the contract.

ARTICLE 6 – DECLARATIONS AND COMMITMENTS OF THE USER

The USER declares that they have read the preliminary information regarding the basic characteristics, sales price, payment method, and delivery of the product subject to the contract on the Website, which was provided by the PROVIDER, and that they have confirmed it electronically.

By confirming this Agreement electronically, the USER confirms that they have correctly and completely obtained the address, basic features of the products ordered, the price of the products including taxes, payment, and delivery information, which must be provided by the PROVIDER to the consumer prior to the conclusion of the distance contracts.

The USER agrees, declares, and undertakes that they will additionally confirm the relevant interest rates and default interest information from their bank in case of payment by credit card, and that the provisions related to interest and default interest will be applied under the "Credit Card Agreement" between the Bank and the USER in accordance with the current legal regulations.

The USER agrees, declares, and undertakes that they are over the age of 18, that all the information they have provided to the PROVIDER is accurate, and that if the information provided is false, the PROVIDER may terminate the contract at any time without refunding any fees, and the USER cannot make any claims in such a case.

The USER agrees, declares, and undertakes that they will pay the monthly or annual fees according to the subscription period, unless they cancel the service or service package they started using by paying the first-period fee, and that if they do not pay, all services will be interrupted, and the PROVIDER will not be held liable for any damage resulting from this situation.

The USER agrees, declares, and undertakes that they will only use the Application (excluding MySYS GLOBAL Warehouse Management System) themselves, will not allow third parties to use it, and will not share any information obtained through the Application with third parties.

The USER agrees, declares, and undertakes that they are obliged to keep their User Email Address, which serves as the "Username," and their password confidential, not to share it with third parties, and to keep their password private. They agree that the PROVIDER will not be held responsible if these details are obtained and used by third parties, resulting in damages to the USER.

The USER agrees, declares, and undertakes that they will consider any notifications sent to their Email Address as received within 2 business days.

The USER agrees to receive informational, promotional, and campaign-related emails regarding MySYS applications and services at their Email Address.

The USER acknowledges that the analysis data provided by the Application is for estimation and advisory purposes, that it is impossible for the system to provide real-time updates from all marketplaces every second, and that all operations will be subject to reasonable delays.

The USER acknowledges that they and all users of the MySYS GLOBAL Warehouse Management System have access to the products they have sold or are selling on marketplaces, product prices, customer information, invoices, and other information.

The USER acknowledges that the Application is responsible for correctly transmitting the USER's instructions regarding marketplaces and warehouses to the appropriate location, and the PROVIDER will not be held responsible for delays, rejections, or errors that may occur in marketplaces or warehouses.

The USER agrees, declares, and undertakes to indemnify the PROVIDER for any material or moral damage caused to the PROVIDER by counterfeit or unlawful products they sell on marketplaces or any illegal actions they perform.

The USER agrees that they can use the app.mysys.com application on a computer with internet access (recommended minimum speed 10 Mbps) and preferably using Google Chrome browser (preferably the latest version).

The USER agrees that they can use the MySYS Chrome Extension application on a computer with internet access (recommended minimum speed 10 Mbps) and must use the Google Chrome browser (preferably the latest version).

The USER agrees that they can use the Application URL within the scope of the MySYS GLOBAL Warehouse Management System on a computer with internet access (recommended minimum speed 10 Mbps) and preferably using the Google Chrome browser (preferably the latest version).

The USER agrees that the information and link indicating that MySYS infrastructure is used within the scope of the MySYS GLOBAL Warehouse Management System will be placed in the footer section of the Application URL, and that this information may be declared by the PROVIDER on different sites and platforms.

The USER agrees that if they do not pay the monthly/annual subscription fee, analysis, orders, seller accounts, sub-users, sub-managers, product definitions, etc., may be permanently deleted from the APPLICATION.

ARTICLE 7 – DECLARATIONS AND COMMITMENTS OF THE PROVIDER

The PROVIDER is responsible for making the Service specified in the contract available to the USER through the Application as described in the order.

The PROVIDER is not responsible for problems arising from system, internet outages, or any kind of IT infrastructure errors. Consequently, the PROVIDER is not responsible for errors that may occur due to system failures, design issues, or unauthorized interventions to the Application. The PROVIDER is not liable for any issues arising from such system failures or the consequences thereof, and the USER cannot claim any rights from the PROVIDER for these problems.

Shopping can be done through app.mysys.com using credit cards (Visa, MasterCard, etc.) and online payment systems (PayPal, etc.). Orders will be processed once the necessary payment is received.

The PROVIDER reserves the right to make changes to the content, prices, and usage limits of the services offered through the Application at any time. Any changes affecting the USER will be announced via the User Email Address, and it will be considered that the USER has received the notification 2 business days after the announcement. In case of changes that are disadvantageous to the USER, the USER can cancel their SUBSCRIPTION from the end of the current period (the next subscription payment date).

If the monthly (or annual) SUBSCRIPTION fee cannot be charged (due to invalid credit card, insufficient funds, etc.), the services provided through the Application will be suspended, and the USER will be notified upon logging into the Application. The PROVIDER is not responsible for any damage resulting from the service interruption until a successful payment is made.

The PROVIDER has the right to work with any intermediary institution or organization for payments made by credit card. The PROVIDER cannot be held responsible for any loss or damage caused by the intermediary institution or organization. Related claims should be directed to the intermediary institution or organization by the USER.

The PROVIDER has the right to unilaterally terminate the contract without prior notice if it determines that the obligations specified in this contract have been violated by the USER. In this case, no refund will be made to the USER, and the PROVIDER will not be liable for any compensation due to the termination of the contract.

The PROVIDER has the right to restrict, completely remove, or make the free services provided through the Application chargeable for any user or all users at any time. However, the PROVIDER undertakes not to establish a SUBSCRIPTION to the paid system without obtaining approval from the USER, and not to create any debt/credit unless explicitly approved.

ARTICLE 8 – PRODUCT RETURN AND RIGHT OF WITHDRAWAL

a. Except for the installation fee payment within the scope of the MySYS GLOBAL Warehouse Management System, the USER has the right to withdraw from the contract without providing any justification and without paying any penalty within fourteen (14) days after starting the Application subscription. The conditions for refunding SUBSCRIPTIONS, which are subject to specific conditions, are specified in paragraph e.

b. In order to process a return, the USER must fill out all sections of the return form attached here, along with the invoice for the service purchase, and send it from the User Email Address to info@yelmer.net.

c. The withdrawal period starts from the moment the USER is granted access to the Application, i.e., from the day the USER pays the SUBSCRIPTION fee. The refund will be processed within fourteen (14) days of the withdrawal request reaching the PROVIDER, except for the cases subject to paragraph e.

d. There is no right of withdrawal for the APPLICATION modules/subscriptions revised at the USER's request. The right to terminate the contract in such cases rests entirely with the PROVIDER.

e. If the USER has started using the following SUBSCRIPTIONS, the refund amount will be determined by the PROVIDER. In case the amount of service usage listed in the Subscription/Usage Rights table below is reached, no refund request will be accepted.

 

SUBSCRIPTIONUSAGE RIGHT
Wholesale Analysis50,000 product reviews
Single Listing50 product listings
Multi-Listing1,000 product listings
Supplier Analysis2,000 suppliers
User Analysis500 users
Order Analysis10,000 orders

 

f. The USER does not have the right to withdraw or cancel the contract for SUBSCRIPTION services purchased with discounted rates (within the scope of the 12-month or longer contract).

 

ARTICLE 9 – CONFIDENTIALITY

The information provided by the USER as specified in this contract and for the purpose of making payment will not be shared with third parties by the PROVIDER.

The PROVIDER may disclose this information only in the context of administrative/legal obligations. Within the scope of any judicial investigation documented with a search warrant, the PROVIDER may provide the requested information to the relevant authority if it is in its possession.

The USER's email address, postal address, and phone number may be used by the PROVIDER for any kind of informational purposes regarding the Application and SUBSCRIPTION.

ARTICLE 10 – EFFECTIVENESS

This Contract, consisting of 10 (ten) articles and an ANNEX, has been read by the Parties and entered into force immediately upon being electronically approved by the USER.

Date[date]

PROVIDER : YELMER LTD (Unit 2C, Little Britain House, Alma Road, Chesham, HP53HB, United Kingdom)

USER : [invoice-name]   [invoice-company]

 

 

ANNEX

WITHDRAWAL FORM

(This form will only be filled and sent if the right of withdrawal from the contract is to be exercised.)

- To whom: YELMER LTD (Unit 2C, Little Britain House, Alma Road, Chesham, HP53HB, United Kingdom)

Email: info@yelmer.net

- I hereby declare that I exercise my right of withdrawal from the contract regarding the sale of the following goods or the provision of the following services.

- Order date or delivery date:

- Service subject to the right of withdrawal:

- Price of the service subject to the right of withdrawal:

- Name and surname of the consumer:

- Address of the consumer:

- Date:

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