1.1 The Party Providing the Service: (Hereinafter shall be referred to as the Service Provider)
|Trade Title:||DERİŞ PATENT VE MARKA ACENTALIĞI A.Ş.|
|Address:||İnebolu Sokak No.5 Deriş Patent Binası, Kabataş / Setüstü 34427 PK: 23 Karaköy-İstanbul|
|Phone:||+90 212 252 6122/23 - 249 7010/11 - 292 6000 (6 Lines)|
1.2 The Party Receiving the Service: (Hereinafter shall be referred to as the Buyer or the Service Receiver)
|Full Name/Trade Title:|
|Tax Office and no.:|
The subject matter of this Contract is to set forth the rights and obligations of the Buyer and the Service Provider in the process of placing an order and purchase of the services in electronic media by the Buyer in connection with the renewals of trademark and design registrations and/or payment of the annuities of patent applications or grants before the Turkish Patent and Trademark Office (TURKPATENT) provided via the Service Provider’s IPMS® web applicaton “online.deris.com.tr/renewals” (hereinafter shall be referred to as “Web Application”), as per the provisions of Law No. 6502 on the Protection of Consumers and Regulation on Distance Contracts.
This part explains the type and characteristics of services provided by the Service Provider via the Web Application (“SERVICE”); this article indicates hereunder the information required from the Buyer by the Service Provider in order to perform the service as required by the nature of the service.
|Scope of Service:|
|Date of Service:|
|Total Service Fee:|
|Rebate Rate Applied to Service Fee:|
|Method of Payment:||Online Payment System|
4.1 Payments for the Services purchased on the Web Application are made through Online Payment System.
4.2 Online Payment System: This is the system which enables the Service Provider to collect from the Service Receiver the fees for the services, which are to be purchased via the Web Application by the Service Receiver, through the collaborated paying agencies as per the Law No. 6493 on Payment and Securities Settlement Systems and Electronic Money Institutions, by means of credit card, debit card or other payment methods supporting online payments and provided by banks.
4.3 Finalization of Order: Order shall be finalized upon successful payment by the user by means of a payment method he/she specified. In cases where the Service Provider operates with the option of giving approval in a given time, the order details shall be reviewed by the Service Provider during that time. In case of failed approval, order shall be canceled, the user shall be notified of the situation, and the money shall be refunded.
4.4 Documentation: Whether the Buyer is a natural person or a legal entity, the Service Provider shall issue an invoice to the Buyer on the total amount including the VAT (in cases where VAT applies*). Service fee and respective official fees as specified by the Service Provider in the Web Application shall be reflected in the document prepared by the Service Provider as the Total Service Fee.
5.1 The Buyer hereby agrees and undertakes that he/she will share the information, which will be submitted via the Web Application and further requested by the Service Provider for the due performance of the services as per the Contract, in full and in a way that reflects the truth.
5.2 The Buyer acknowledges and declares that he/she has thoroughly been informed of, and approved all details, including the contracted service fee, time period and payment method, prior to approval of this Contract.
5.3 It is undertaken that necessary conditions requested by the Service Provider for the performance of the service during the execution of the service shall be fulfilled and provided by the Buyer during the service period, and the Service Provider acknowledges that it may refrain from performing the service in the event of breach of this undertaking.
5.4 Payment is deemed to have been made to the Service Provider by the Buyer upon receipt of the payment in accordance with the Online Payment System and the duty of paying fees arising from this contract is deemed to have been executed.
The Service Provider hereby accepts and undertakes that the Service Provider shall perform the service purchased on the Web Application by the Buyer as required as per the terms of this Contract, in this context; that the service will be ready for execution on the specified day and hour, that the service will be provided as required by this contract and mutually agreed upon.
7.1 The Buyer, being regarded as the consumer pursuant to the Law No. 6092 on the Protection of Consumers, is entitled to execute the right of refusing the services and withdrawing from the contract without any legal and criminal liabilities and without any justification within 14 (fourteen) days from the date of signing the contract on the purchase of goods and services, or if performance of service is to be carried out on a day earlier than14 days, to exercise this right on any day up to this day.
7.2 Cases where the Right of Withdrawal Cannot be Exercised
Pursuant to the Law No. 6092 on the Protection of Consumers, the right of withdrawal cannot be executed for services, the performance of which starts with the consumer’s approval before the period for the right of withdrawal expires.
Any correspondence between the Parties under this Contract shall be made by e-mail, except for the obligatory cases listed in the legislation. The Buyer hereby accepts, declares and undertakes that, in disputes that may arise out of this Contract, the Service Provider’s official books and commercial records, as well as the electronic data and computer records held in its database and servers, shall constitute binding, final and exclusive evidence, and that this Article is in the nature of evidential contract within the meaning of Article 193 of the Code of Civil Procedures.
In the implementation of this Contract, the provincial or district Consumer Arbitration Committees and the Consumer Courts in the Service Provider's place of residence shall be authorized up to the value level announced by the Ministry of Customs and Trade. If the purchase of service is approved, the Buyer and the Service Provider shall be deemed to have accepted all the provisions of this Contract.
This Contract consisting of 10 (ten) articles was read by the Parties, and made and entered into force on by way of approval by the Buyer in the electronic media.Published On:
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