This Distance Sales Agreement ("Agreement") is concluded electronically between the Seller identified below and the Buyer who purchases a service through the NorthernPlus payment page, upon the Buyer's electronic approval. The Agreement is drawn up in accordance with the legislation of the TRNC and, where the TRNC legislation is silent, with the Turkish Consumer Protection Law No. 6502 and the Regulation on Distance Contracts.
ARTICLE 1 – PARTIES
1.1.Seller: Northernland Construction Ltd. (TRNC Registrar of Companies No: MŞ08727), operator of the NorthernPlus mobile application and payment page ("Seller" or "Northernland").
1.2.Buyer: The natural or legal person who purchases the service offered by the Seller through the payment page and approves this Agreement electronically ("Buyer"). The Buyer's name, surname, e-mail and payment details are those declared by the Buyer during the payment process.
1.3.Seller contact details: Address: İsmet İnönü Bulvarı No:314/1 Sakarya Mahallesi Gazimağusa/Kıbrıs · Phone: +90 392 4444 000 - +90 548 818 80 00 · E-mail: [email protected] · Web: northernland.com
ARTICLE 2 – DEFINITIONS
2.1.Service: Any reservation, membership, event, sports, food & beverage or similar service offered within NorthernPlus by the Seller or its group companies / business partners, whose description and price are shown on the payment page.
2.2.Payment Page: The secure web page sent to the Buyer by the Seller, displaying the service description and amount, on which payment is made with card details.
2.3.Preliminary Information: The information provided to the Buyer, via the payment page and this Agreement, on the essential characteristics of the service, its total price, payment method, performance conditions and the right of withdrawal, before payment.
ARTICLE 3 – SUBJECT OF THE AGREEMENT
3.1.The subject of this Agreement is to determine the rights and obligations of the parties regarding the sale and performance of the service purchased electronically by the Buyer through the payment page, whose characteristics and sale price are specified on the payment page.
ARTICLE 4 – SERVICE DETAILS AND PRICE
4.1.The type, description, quantity and total sale price (including all taxes) of the service consist of the information shown to the Buyer on the payment page at the time of payment. This information forms an integral part of this Agreement.
4.2.The price is collected in Turkish Lira (₺). If the Buyer's card is denominated in another currency, the Seller is not responsible for the exchange rate and fees applied by the Buyer's bank.
4.3.The Seller does not charge the Buyer any fee other than the amount shown on the payment page. The amount shown on the payment page remains fixed for the validity period of the payment page.
ARTICLE 5 – GENERAL PROVISIONS
5.1.The Buyer acknowledges and declares that they have read and are informed of the preliminary information on the payment page regarding the essential characteristics, sale price, payment method and performance of the service, and that they have given the necessary approval electronically.
5.2.The Buyer agrees that they accept this Agreement and the Cancellation and Refund Policy by ticking the consent box on the payment page, and that the payment cannot be completed without ticking that box.
5.3.The Seller is responsible for performing the service subject to the Agreement in accordance with the characteristics specified therein, within the time and under the conditions stated on the payment page and/or in the information sent to the Buyer.
5.4.If performance of the service becomes impossible, the Seller shall notify the Buyer within 3 (three) days of becoming aware of the situation and refund the amount collected to the Buyer within 14 (fourteen) days at the latest.
ARTICLE 6 – PAYMENT AND COLLECTION
6.1.Payment is made in a single transaction by credit or debit card through the payment page. Card details are not stored by the Seller; the payment is processed through a licensed payment infrastructure with 3D Secure verification.
6.2.If the payment is declined by the bank or card institution, if the card is used without authorisation or unlawfully, or if the bank fails to transfer the amount to the Seller after payment, the Seller reserves the right not to perform or to suspend the service.
6.3.Upon completion of the payment, a payment confirmation / receipt is sent to the e-mail address declared by the Buyer on the payment page. A copy of this Agreement is sent to the Buyer together with the payment confirmation or is accessible by the Buyer on this page at any time.
ARTICLE 7 – PERFORMANCE OF THE SERVICE
7.1.The service is performed on the date, at the time and at the place specified on the payment page and/or in the information sent to the Buyer; for services with no specific date, within a reasonable period after the payment is credited to the Seller's account.
7.2.For services tied to a specific date, such as reservations, events and sports classes, if the Buyer does not use the service on the specified date, the service is deemed performed and no refund is made; the exceptions in the Cancellation and Refund Policy are reserved.
7.3.If the Seller cannot perform the service on time due to force majeure (natural disaster, epidemic, decisions of public authorities, infrastructure and communication failures, etc.), it shall notify the Buyer; in this case the Buyer may request postponement of the service or a refund.
ARTICLE 8 – RIGHT OF WITHDRAWAL
8.1.The Buyer has the right to withdraw from the Agreement within 14 (fourteen) days from the date of conclusion of the Agreement, without giving any reason and without paying any penalty. The withdrawal notice shall be made in writing to the e-mail address specified in Article 1 or through the NorthernPlus application.
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8.2.The Buyer cannot exercise the right of withdrawal in the following cases:
a)Services whose performance has begun and been completed with the Buyer's approval before the withdrawal period expires;
b)Reservation, accommodation, event, entertainment, sports class and food & beverage services that must be performed on a specific date or within a specific period;
c)Services specially prepared according to the Buyer's requests or personal needs;
d)Services performed instantly in electronic form and intangible goods delivered instantly (digital membership, code, credit, etc.).
8.3.Even where the right of withdrawal cannot be exercised, cancellation and refund may be made, at the Seller's commercial discretion, within the periods and under the conditions specified in the Cancellation and Refund Policy.
ARTICLE 9 – REFUNDS
9.1.If the right of withdrawal is duly exercised or a right to a refund arises, the Seller shall refund the amount collected to the payment instrument used for the payment within 14 (fourteen) days at the latest from the date the notice reaches the Seller.
9.2.The reflection of the refunded amount in the Buyer's account may take additional time depending on the processes of the card-issuing bank; the Seller is not responsible for this period.
ARTICLE 10 – DECLARATIONS AND UNDERTAKINGS OF THE BUYER
10.1.The Buyer acknowledges and undertakes that the information declared on the payment page is accurate and up to date, that the card used belongs to them or is used with the cardholder's authorisation, and that they are over 18 years of age and have the legal capacity to enter into a contract.
10.2.The Buyer agrees that the NorthernPlus User Agreement and Privacy Policy apply together with this Agreement. User Agreement
ARTICLE 11 – PROTECTION OF PERSONAL DATA
11.1.Personal data obtained from the Buyer during the payment process is processed under the TRNC Personal Data Protection Law No. 89/2007 and related legislation, solely for the performance of the Agreement, execution of the payment and fulfilment of legal obligations. See the Privacy Policy for details.
ARTICLE 12 – SETTLEMENT OF DISPUTES
12.1.Disputes arising from this Agreement are governed by TRNC law and the courts of Nicosia, TRNC, have jurisdiction. If the Buyer is a consumer resident in the Republic of Türkiye, their mandatory rights under Law No. 6502 and related legislation, and their right to apply to Consumer Arbitration Committees and Consumer Courts, are reserved.
12.2.The parties shall make good-faith efforts to resolve disputes amicably first, through the contact channels specified in Article 1.
ARTICLE 13 – ENTRY INTO FORCE
13.1.This Agreement consists of 13 (thirteen) articles and is concluded electronically and enters into force when the Buyer ticks the consent box on the payment page and completes the payment. A copy of the Agreement is kept by the Seller and provided to the Buyer upon request.