Distance Sales Contract
1. Parties
Seller: Warewave Teknoloji Sanayi ve Ticaret Limited Şirketi; address: Esentepe Mah. Talat Paşa Cad. No: 5 İç Kapı No: 1, Şişli / İstanbul, Türkiye; MERSİS: 0800115470600001; trade registry: İstanbul Ticaret Sicili Müdürlüğü, 394936-5; tax office and number: Zincirlikuyu 8001154706; phone: +90 539 841 28 69; e-mail: contact@warewave.tech.
Buyer: the owner of the Heimdall account that makes the payment; its name or title, address and contact details are the invoice details entered before the payment.
The Turkish version of this contract prevails.
2. Subject and scope
This contract sets out the rights and obligations of the parties when the buyer purchases, electronically, a paid plan of the Heimdall service operated by Warewave Teknoloji Sanayi ve Ticaret Limited Şirketi, and any add-ons, within the Turkish Consumer Protection Law No. 6502 and the Regulation on Distance Contracts.
If the buyer is not a consumer (buys the service for trade or professional purposes) the rights that come from consumer law do not apply; the rights the seller grants of its own accord in this contract (the 14-day refund included) hold for every buyer.
The use of the service is also subject to the Terms of Service. The Pre-Information Form and the order summary shown on the payment screen are part of this contract.
3. Service, price and payment
The service under this contract is the plan (Pro, Team or Business), the period (monthly or yearly) and the add-ons the buyer chose on the payment screen. What the plan includes and its limits are as shown on the pricing page and on the payment screen.
The price is the total shown on the payment screen, including 20 % VAT; it is charged in Turkish lira, in advance. Payment is by card through iyzico Ödeme Hizmetleri A.Ş.; card details do not reach the seller.
An e-arşiv invoice is issued for every payment and sent to the buyer's billing e-mail address.
4. Performance
The service is switched on in the buyer's account as soon as the payment is confirmed and is provided electronically for the period. Nothing is shipped.
The seller provides the service with care and as described in the Terms of Service. The delivery of SMS and voice calls depends on mobile operators and networks outside the seller's control; Heimdall is not an emergency service.
5. Duration and renewal
The contract is made for the chosen period. If the buyer saved a card at payment, the subscription renews at the end of every period for the same length and at the list price in force on the renewal date, until the buyer cancels; the renewal date is shown on the billing page of the account and a receipt is e-mailed for every charge. Without a saved card nothing is charged by itself.
Price changes do not affect a period that has been paid for.
6. Right of withdrawal
A buyer who is a consumer may withdraw from the contract within 14 days of its conclusion, without giving a reason and without a penalty. Under article 15 of the Regulation on Distance Contracts the right of withdrawal cannot be used for services performed instantly in electronic form and begun, with the consumer's approval, before the withdrawal period ends; the buyer approved the immediate start of the service before paying.
The seller undertakes not to rely on that exception: every buyer who moves to a paid plan for the first time may withdraw within 14 days of the payment by writing to contact@warewave.tech from the e-mail address registered in the account. Everything paid is then refunded within 14 days of the day the notice reaches the seller, to the card the payment was made with, and the account is moved to the free plan.
This right holds once per account, for the first payment of the first paid period; renewals and upgrades follow the Cancellation and Refund Policy.
7. Cancellation
The buyer may cancel the subscription at any moment on the billing page of the account, without giving a reason. A cancellation takes effect at the end of the paid period; the remaining time is not refunded and the service is provided until the end of the period.
The seller may suspend the account or end the contract after a serious breach of the Terms of Service.
8. The seller's liability
If the seller cannot provide the service for a reason on its side, it refunds on the buyer's request the part that corresponds to the time the service could not be used. The seller's liability is within the limits of the Terms of Service; a consumer's rights under mandatory law are not affected.
9. Personal data
Personal data is processed as described in the KVKK Privacy Notice and the Privacy Policy.
10. Disputes
This contract is governed by the laws of the Republic of Türkiye. A buyer who is a consumer may apply, within the monetary limits announced every year by the Ministry of Trade, to the Consumer Arbitration Committee where they live or where the transaction took place, and above those limits to the Consumer Court. For disputes with a buyer who is not a consumer the courts and enforcement offices of İstanbul (Çağlayan) are competent.
11. Entry into force
At the payment step the buyer confirms having read and accepted the Pre-Information Form and this contract; the contract is concluded the moment the payment is confirmed. The seller records the versions the buyer confirmed and sends them to the buyer on request. The current text of the contract is always on this page.