Distance sales agreement

Seller ("Seller"):

Buyer ("Buyer"): the natural or legal person who starts a PergePOS subscription for a business through pergepos.com and declares, at checkout, a name or company name, Turkish ID or tax number, tax office, address, e-mail and phone.

This agreement governs, under the Consumer Protection Law No. 6502 and the Distance Contracts Regulation, the rights and obligations of the parties regarding the PergePOS subscription the Buyer starts electronically for a business. The pre-information form provided to the Buyer before purchase is an integral part of this agreement.

• Service: use of the package and add-on modules selected in the order, for the branches stated in the order, through the PergePOS software (web panel, mobile app and devices paired to a branch). The package scope and limits are stated in the order summary.
• Term: a monthly or yearly subscription period; unless cancelled, it renews at the end of the period with the same package and period. Nothing is charged during the 14-day free trial.
• Price: VAT is added to the per-branch price excluding VAT shown at the time of the order; the total amount including taxes is shown in the order summary and at checkout. The discount stated on the pricing page applies to yearly payment. For a subscription started on the basis of a quote, the price is stated in the quote numbered PT-YYYY-NNNNNN.
• Payment: in advance at the start of the period by credit or debit card through the payment institution the Seller keeps available (iyzico or Stripe); on the basis of a quote, by bank transfer or EFT. Card details never reach the Seller.
• Receipt and invoice: a receipt numbered PP-YYYY-NNNNNN is created in the panel for every payment; the invoice is issued by the Seller according to the billing details declared by the Buyer.
• Fiscal documents: PergePOS does not produce fiscal documents on its own; the check slip is not a fiscal document. ÖKC and e-document integrations run through separate modules under the Buyer's responsibility.

As soon as the payment is confirmed, the subscription is activated in the Buyer's business and the selected package is unlocked at the relevant branches; for bank transfer or EFT, the subscription is activated manually after the payment is confirmed to have reached the Seller's account. There is no separate delivery.

• The Seller provides the service with the features stated in the pre-information form and the terms of service, and keeps the Buyer's records exportable during the subscription and for 90 days after it ends.
• The Buyer is responsible for the accuracy of the billing details and for the security of the account and the devices paired to its branches, and uses the service in accordance with the terms of service.
• The Buyer complies with personal data protection law as the data controller of its staff, guest and loyalty member data. The Seller is the data processor for this data.
• Issuing fiscal documents and ÖKC and e-document obligations rest with the Buyer.

Performance of the service begins electronically as soon as the payment is confirmed. Under Article 15/1-(h) of the Distance Contracts Regulation, once the Buyer confirms at checkout that performance may begin immediately, the right of withdrawal cannot be exercised. A Buyer who starts a subscription for commercial purposes is not a consumer. Independently of the right of withdrawal, the Seller applies the refunds set out in the cancellation and refund policy.

• Nothing is charged for an unpaid order; the subscription is not activated until payment is made.
• The Buyer may cancel the subscription from the panel at any time; the cancellation takes effect at the end of the current period and the service remains available until then.
• No refund is made for unused time on a monthly subscription. If a yearly subscription is cancelled, the amount for the full months after the cancellation date is refunded to the card or account the payment was made from.
• If more than one charge is made for the same period due to a technical error, the excess amount is refunded.
• When the subscription ends, the panel becomes read-only; records can be exported for 90 days and are then deleted or anonymised according to the retention rules.
• Details: cancellation and refund policy.

The Buyer's personal data is processed under the KVKK privacy notice and the privacy policy. For the staff, guest and sales records of the Buyer's business, the Seller acts as data processor only on the Buyer's instructions.

Complaints are sent to info@pergepos.com. A Buyer who qualifies as a consumer may apply to consumer arbitration committees within the monetary limits set by the Ministry of Trade, and to consumer courts above those limits. For disputes with a Buyer who is not a consumer, the courts and enforcement offices of Antalya have jurisdiction.

The Buyer confirms this agreement electronically at checkout; the time, IP address and document version of the confirmation are recorded on the order. The agreement enters into force when the payment is confirmed and continues on the same terms as the subscription renews.