This Distance Sales Agreement (“Agreement”) is concluded electronically under the provisions of Consumer Protection Law No. 6502 (“Law”), the Regulation on Distance Contracts (“Regulation”) and Law No. 6563 on the Regulation of Electronic Commerce, in relation to maintenance fee and debt payments made by credit card or debit card through the Çözüm Hanem platform. The Agreement is formed when you approve this Agreement and the Preliminary Information Form at the payment step.

1. Parties

1.1. Service provider and intermediary service provider (the "Company"):

Trade name: Akıl Yapay Zeka ve Yazılım Teknolojileri Anonim Şirketi
Brand: Çözüm Hanem
MERSİS number: 0025117079500001
Tax office / number: Şehitkamil / 0251170795
Trade registry: Gaziantep Trade Registry Office – 80814
Head office address: OSB 2. Bölge 83235 Nolu Cd. No:8, Başpınar (Organize) OSB, 27620 Şehitkamil/Gaziantep
Phone: +90 551 678 89 15
Email: [email protected]
Website: https://www.cozumhanem.com

1.2. Buyer (“Buyer”): a natural person registered on the Platform who, at the payment step, makes the payment in their own name or on behalf of the unit for which they are the debtor, with their first name, surname and contact details set out in Annex-1 Transaction Details.

1.3. Creditor management (“Management”): the condominium owners' assembly, apartment building or residential compound management, or property-management company shown in Annex-1, which is the creditor of the maintenance fees, shared expense contributions, advances and similar debts paid by the Buyer. The Management is defined as a sub-merchant with the payment institution for the collection of payments via the Platform. The debtor-creditor relationship is between the Buyer and the Management, and the Management is not a party to this Agreement.

2. Definitions

Platform: The website at https://www.cozumhanem.com, the resident and management panels, and the Çözüm Hanem mobile applications.
Service: an online collection intermediation service that enables the Buyer to pay its debts to the Management via the Platform by card.
Payment institution: iyzico Ödeme Hizmetleri A.Ş., which holds an operating licence from the Central Bank of the Republic of Türkiye under Law No. 6493.
Online Transaction Fee: A fee that may be charged to the Buyer in return for the Service, at the Management's discretion, and shown separately in the payment summary.
Permanent data storage device: email, internet and similar tools that allow information to be stored and accessed without modification.

3. Subject and Scope of the Agreement

3.1. The subject of the Contract is the provision of the Service for the Buyer to pay the debt items listed in Annex-1 by card through the Platform, and the determination of the parties' rights and obligations under the Law and the Regulation.

3.2. The debt being paid arises from the Condominium Ownership Act No. 634, the management plan, resolutions of the owners' assembly, the lease agreement or other legal relationships between the Buyer and the Management. The existence and amount of the debt, late payment compensation and its distribution among the units are determined by the Management; objections concerning these are directed to the Management. The Company is not a party to this debt relationship.

3.3. The software license and subscription services provided by the Company to property-management companies, dealers and compound managements are subject to a separate service agreement and are outside the scope of this Agreement. Article 11 applies to cash-on-delivery orders placed with businesses through the Platform.

4. Key Features, Price and Payment of the Service

4.1. The debt items to be paid, their amounts, the Online Transaction Fee, if any, and the total amount payable including all taxes are shown in Annex-1. No charge other than the total amount shown in Annex-1 is requested from the Buyer; there are no additional costs such as shipping, delivery or similar.

4.2. The management decides whether an Online Transaction Fee applies. If no fee applies, it will not appear in the payment summary and the Buyer pays only the outstanding amount. The financial document for the Online Transaction Fee is issued in accordance with the applicable legislation.

4.3. Payment is made by credit or debit card (Visa, Mastercard, American Express and TROY). On the website, card details are entered on the Payment Institution's secure payment page; in the mobile app, the card details entered are transmitted instantly to the Payment Institution via an encrypted connection through the Company's servers. Card details are not recorded or stored by the Company; 3D Secure verification may be applied to the payment.

4.4. Instalment payments are limited to the instalment options offered by the card-issuing bank. Any maturity difference arising from instalments is determined not by the Company but by the card-issuing bank and is shown on the payment page before the Buyer's confirmation. Interest, default and other conditions relating to the credit card are subject to the agreement between the Buyer and the card-issuing bank.

4.5. By confirming the transaction on the payment page, you enter into a payment obligation.

5. Performance of the service

5.1. The Service is performed instantly in an electronic environment; there is no physical delivery. As soon as a successful result is received from the Payment Institution, the payment is posted to the debt items in Annex-1 and the collection receipt is made available to the Buyer in the "Payment History" section of the Platform.

5.2. Since the Management has agreed to collect payments through the Platform and the Payment Institution, a successful payment is deemed to have been made to the Management as of the payment date. The time at which the Payment Institution transfers the collected amount to the Management's bank account does not affect whether the Buyer's debt is deemed paid.

5.3. If the card-issuing bank or the Payment Institution declines the transaction, 3D Secure verification is not completed, or you leave the payment page, the payment does not go through and the debt record remains unchanged. If an amount is charged to your card but does not appear against your debt, this is checked automatically; you can also report it to [email protected].

6. Right of withdrawal

6.1. Since the Service is performed instantly in an electronic environment, there is no right of withdrawal for the Service under Article 15(1)(ğ) of the Regulation. The majority of the amount shown in Annex-1 consists of payment of the Buyer's pre-existing debt to the Management through the Service; the Service's own fee, if any, is only the Online Transaction Fee.

6.2. The absence of a right of withdrawal does not affect the refund of incorrect, duplicate or excess payments under Article 7, nor the Buyer's other rights arising from the Law.

7. Cancellation and refunds

7.1. In the following cases, payment is refunded at the Buyer's request or automatically: the same debt is paid more than once; the amount paid exceeds the debt; payment is made for a debt item that does not belong to the Buyer or has been cancelled by the Management; or the payment cannot be posted to the debt record due to a technical error.

7.2. Refund requests are submitted to the Management or to [email protected] with the payment date, amount and receipt details. Requests concerning the existence or amount of the debt are assessed by the Management. Refunds found justified are submitted to the Payment Institution for refund to the card used for payment within no more than fourteen days from the date the request is found justified.

7.3. The refund is made to the card used for payment without imposing any cost on the Buyer; no refund is made in cash or to another account. For cancellations made on the same day, the transaction may not appear on the card statement at all; the time for refunds made on subsequent days to appear on the card depends on the processing times of the card-issuing bank. Refunds of installment payments may be reflected by your bank in installments.

7.4. In the event of a full cancellation or refund of the payment, or in cases of error or duplicate payment originating from the Company, the Online Transaction Fee, if any, is also refunded. In partial refunds, only the amount relating to the refunded debt item is refunded.

7.5. The Buyer's right to dispute the transaction with the card-issuing bank is reserved. Details of the cancellation and refund processes are set out in the Delivery and Refund Terms.

8. Rights and obligations of the parties

8.1. The Company is obliged to provide the Service in accordance with the Agreement and the legislation, to correctly apply the payment to the debt items in Annex-1, to retain payment and approval records for the periods stipulated in the legislation, and to respond to the Buyer's requests.

8.2. The Buyer accepts that the information provided at the payment step is accurate, that the card used belongs to the Buyer or is used with the cardholder's consent, and that the payment is made for the Buyer's own debt or for the debt of a unit for which the Buyer is authorised to pay. Liability arising from unlawful use of the card rests with the Buyer.

8.3. If it is determined that the card has been used by someone other than its holder, if the bank cancels the transaction, or in case of suspected misuse, the Company may suspend or refund the payment together with the Payment Institution.

9. Personal data and privacy

Your personal data required for payment (first name, last name, contact details, T.C. identity number if registered, IP address and transaction details) is shared with the Payment Institution to carry out the payment, and with the Management to settle the debt. Detailed information is available in the KVKK Privacy Notice and the Privacy Agreement.

10. Formation, Storage and Evidence of the Agreement

10.1. The Contract is formed through the steps of selecting debts, the payment summary, approving the Pre-Information Form and this Contract, and completing the payment on the Payment Institution's page. You can change the items and amounts you selected in the payment summary with "Go Back" and correct your card details before confirming them on the payment page.

10.2. The Agreement and the Preliminary Information Form you approved, together with Annex-1, are stored in the form in which they were approved for at least three years. When your payment is completed successfully, these texts are also sent in their approved form to the email address registered on the Platform; if your email address is not registered, or if you would like the texts sent again, you can request them at [email protected]. You can always access the current version of the Agreement on this page.

10.3. In the event of a dispute, the parties accept that the electronic records of the Company and the Payment Institution constitute evidence within the meaning of the Code of Civil Procedure No. 6100. This provision does not remove the Buyer's right to submit counter-evidence.

11. Cash-on-Delivery Orders and Service Requests (Groceries, Food, Tradespeople)

11.1. For orders and service requests placed through the Platform's marketplace, food and handyman modules, the seller or provider of the goods or services is the business or handyman whose name or title is shown on the order screen (the "Business"). The sales or service contract is formed between the Buyer and the Business. The Company is not a party to this contract; it provides the Platform solely as an intermediary service provider.

11.2. The price of these orders is not collected through the Platform, by the Company or via the Payment Institution. Payment is made directly to the Seller in cash or by card using the Seller's own POS device at the time of delivery or performance of the service. The Company does not collect or mediate these payments and has no refund obligation in relation to them; the payment relationship, including refunds, is solely between the Buyer and the Seller.

11.3. The price, characteristics, stock status, preparation, delivery, defect-free performance, invoicing and warranty of the goods or services, as well as handling withdrawal and refund requests, are exclusively the Seller's responsibility. The Company is not liable for the Seller's acts and omissions, for defective goods or services, for late or non-delivery, or for disputes between the Seller and the Buyer.

11.4. The Company's liability regarding these orders is limited to the obligations imposed on intermediary service providers by mandatory legislation (presenting pre-order information on the Platform, forwarding withdrawal and complaint notifications to the Business without delay, retaining transaction records for the period stipulated in the legislation and submitting them to the competent authorities). This clause does not apply to liabilities that cannot be limited or removed by law.

11.5. For goods orders, the Consumer may exercise the right of withdrawal within fourteen days from the day of delivery of the goods, without giving any reason, by notifying the Business or the Platform's notification channels in writing. However, under Article 15 of the Regulation, the right of withdrawal cannot be exercised for: goods that may deteriorate quickly or have an expiry date (including meals, food and fresh products); goods whose protective packaging has been opened after delivery and which are not suitable for return for health and hygiene reasons; goods prepared in line with the Buyer's requests or personal needs; and contracts for the supply of food and beverages that must be provided on a specific date or period. For handyman services, the right of withdrawal cannot be exercised for services whose performance has begun with the Buyer's approval before the withdrawal period has expired; contracts for the assembly, maintenance and repair of goods are outside the scope of the Regulation.

11.6. In the case of defective goods or services, the Buyer exercises the optional rights set out in Articles 11 and 15 of the Law against the Seller.

12. Force Majeure

In cases beyond the parties’ control such as natural disasters, epidemics, war, strikes, infrastructure or power outages, general failures in banking and payment systems, and decisions of official authorities, the parties’ failure to perform their obligations for the duration of such events is not deemed a breach of contract. Force majeure does not remove the obligation to refund a transaction for which payment has been received.

13. Dispute Resolution

13.1. Turkish law applies to disputes arising from the Contract. Consumers may apply to the provincial or district consumer arbitration committee at their place of residence or where the transaction took place, within the monetary limits announced annually by the Ministry of Trade, and to the consumer court for disputes exceeding these limits. In disputes where application to the consumer arbitration committee is not mandatory, mediation is a prerequisite before filing a lawsuit.

13.2. Where the Buyer is not considered a consumer, the Gaziantep Courts and Enforcement Offices have jurisdiction.

14. Notices and Effective Date

14.1. Notices to the Buyer are made to the email address or phone number on the Platform account, or via in-app notification; notices to the Company are made to [email protected], to OSB 2. Bölge 83235 Nolu Cd. No:8, Başpınar (Organize) OSB, 27620 Şehitkamil/Gaziantep, or to the Company's KEP address.

14.2. The Contract, together with the Pre-Information Form and Annex-1, forms a whole and enters into force when the Buyer approves it electronically at the payment step.

Appendix 1 Transaction Details

This section is populated at the payment step with the details of your transaction (payer, creditor management, debt items payable, amounts and payment terms) and presented for your approval before payment.