Company Name: Ender GÖKÇİMEN
Brand: Pitemati
Address: Atakent, 1485. Sk. No:5 D:3, 06796 Etimesgut/Ankara, Türkiye
Phone: 0 501 160 9323
Email: pitemati.p@gmail.com, iletisim@pitemati.com, ender@pitemati.com
This agreement governs the general rights and obligations relating to sales of ready-made digital products/licenses and customer-specific product and service offers made available through Pitemati. The relevant provisions apply according to the product/service type, method of delivery/performance and legal profile of each item displayed on the order screen.
1. Subject Matter and Formation of the Agreement
The agreement is concluded electronically when the Buyer confirms the order through the website and completes the transaction that creates an obligation to pay. The order summary, product/service description, total amount including taxes, payment method, customer-specific order terms and order-specific legal notices displayed during checkout form an integral part of the agreement.
2. Products and Services Subject to Sale
2.1. Ready-Made Digital Products and Licenses
This category includes themes, HTML templates, software/modules, graphic design files and similar intangible products that are downloadable or delivered electronically to the user's account. The scope of the right of use is determined by the license type specified on the product page and, where applicable, by the Pitemati Individual or Commercial License Agreement.
2.2. Customer-Specific Product and Service Offers
Pitemati may create a special offer/package tailored to the needs of a specific customer that can be viewed only through that user's account. This may include web design and development, custom software/module development, audio transcription and similar services, as well as other customer-specific work that may be offered in the future. The fact that an offer is not listed in the public store does not mean that it is a secret or unrecorded sale. The order is created as a standard order through WooCommerce, payment is collected using the selected payment method, and payment, invoicing and accounting records are maintained in the same manner as for other sales.
The name, type, scope, deliverables, price, estimated delivery/performance period, any revision limits, information/content/access to be provided by the customer, third-party costs and order-specific terms of the customer-specific offer are displayed to the customer before payment and linked to the order.
3. Mixed Orders and Item-Based Legal Assessment
More than one product or service may be included in the same cart. Matters such as the right of withdrawal, licensing, immediate digital delivery and early commencement of services are not automatically applied uniformly to the entire order; they are assessed according to the nature of the relevant order item. Information or specific consent relating to one item is not deemed to have been provided for another item unless that other item is expressly identified in the relevant text.
4. Price, Taxes and Payment
The total price of the product/service including taxes is displayed on the order and payment screens. Payment may be made by bank transfer/EFT, card payment through PayTR or other methods that may be enabled on the website in the future. PayTR payment infrastructure may be used for card transactions; Pitemati remains the seller/provider of the product or service subject to the sale. A failed, cancelled or unverified payment does not create an obligation to commence performance of the order.
5. Delivery and Performance
5.1. Ready-Made Digital Products
Once payment has been confirmed, the ready-made digital product is made accessible, depending on the nature of the product, through the download area of the membership account, by email notification or by the electronic method specified on the order screen.
5.2. Customer-Specific Services
The performance period for a customer-specific service is specified in the order-specific terms. The commencement of the period is determined according to clarification of the scope, provision of the required content/access, any request for early commencement of the service and other prerequisites specified in the order. Delays attributable to the customer may affect the delivery period. Additional requests outside the agreed scope do not create an additional payment obligation without the consumer's express approval.
6. Right of Withdrawal and Order-Specific Legal Profile
6.1. General Rule
A Buyer who qualifies as a consumer has the right to withdraw from distance contracts within 14 days without giving any reason, unless an exception is provided under applicable legislation. For service contracts, this period begins on the date the agreement is concluded. For Buyers acting for commercial or professional purposes, the applicability of withdrawal provisions specific to consumer legislation is assessed in accordance with the relevant legislation.
6.2. Digitally Delivered Products Supplied Immediately
Contracts relating to services performed immediately in electronic form or intangible goods delivered immediately to the consumer are among the exceptions to the right of withdrawal under applicable legislation. Products falling within this profile are clearly identified during checkout; the relevant information applies only to the listed digital product items.
6.3. Commencement of a Service Before the Expiry of 14 Days
If performance of a service is to commence before the 14-day withdrawal period has expired, the consumer's express request/consent is obtained for that service. This request applies only to the service items specifically identified by name in the relevant text. If no request for early commencement is given, performance of the relevant service must proceed in accordance with the commencement rule specified in the order terms; no default or pre-selected consent for early commencement is created on behalf of the customer.
6.4. Standard Service Profile
For services for which no request for early commencement has been obtained and which do not fall within another exception to the right of withdrawal, the general information regarding the 14-day right of withdrawal applies. The text relating to this profile is not structured as consent to a “waiver of the right of withdrawal”.
6.5. Withdrawal Notification and Refund
For an order item to which the right of withdrawal applies, notification may be made in writing or through a durable medium to iletisim@pitemati.com. Refunds are made within the period prescribed by applicable legislation and, as a rule, using a method corresponding to the payment instrument used by the consumer for the purchase. For payments made through PayTR, the refund may be processed through the relevant payment infrastructure.
7. Customer-Specific Order Terms
Orders containing a customer-specific offer are also subject to the “Pitemati Customer-Specific Product and Service Order Terms”. This document governs the scope of the custom work and the technical/commercial conditions specific to the order. It does not contain a fixed waiver provision regarding the right of withdrawal or early commencement; the applicable legal circumstance is displayed separately during checkout according to the profile of the relevant order item.
8. Third-Party Products and Services
The license and terms of use applicable to domain names, hosting, paid plugins, themes, fonts, stock content, APIs, payment systems or other third-party services used in a project are determined by the relevant provider. Unless expressly stated as included by Pitemati within the scope of the order, renewal/subscription fees for such services are borne by the customer.
9. Invoicing
The invoice is issued in accordance with applicable legislation based on the information provided by the Buyer during the order process and may be delivered electronically. The time of issuance of the invoice is determined according to the applicable tax legislation and the electronic document process used.
10. Intellectual Property and License
Intellectual property rights in ready-made digital products are not transferred; the purchase grants only the right of use described in the applicable license agreement. For customer-specific services, the scope of rights relating to the original work, source files, third-party components and licenses delivered is specified separately within the relevant order/offer. Open-source and third-party licenses remain subject to their own terms.
11. Retention of Records and Evidence
Records relating to preliminary information, the agreement, the right of withdrawal, delivery/performance and order-specific legal confirmations/consents are retained for the period prescribed by applicable legislation together with the order number, relevant items, text version and date/time information. Even if the texts are subsequently updated, the version displayed to the customer at the time of the order remains associated with the order record.
12. Resolution of Disputes
For consumer transactions, the consumer's rights to apply to the Consumer Arbitration Committees (Tüketici Hakem Heyetleri) and Consumer Courts (Tüketici Mahkemeleri) at the consumer's place of residence or at the place where the consumer transaction was carried out remain reserved within the applicable jurisdictional and monetary limits in force. For transactions of a commercial nature, the competent and authorized authorities are determined in accordance with the relevant legislation.
13. Entry into Force
Before placing an order that creates an obligation to pay, the Buyer is provided access to the preliminary information and agreement texts applicable to the order. Order-specific legal consents are obtained separately only in relation to the relevant product/service items and where necessary. This agreement enters into force when the order is confirmed electronically.
In disputes that may arise between the parties, the Consumer Arbitration Committees and Courts of the Republic of Türkiye shall have jurisdiction.