PRELIMINARY INFORMATION FORM AND SERVICE AGREEMENT
1. Parties
On one side; CINEMAFON LIMITED COMPANY (hereinafter briefly referred to as “SERVICE PROVIDER”), residing at the address “Suite E3080, 82a James Carter Road, Mildenhall, Suffolk, United Kingdom, IP28 7DE” and on the other side; The natural or legal person whose information is obtained through the registration form on the site by purchasing the SERVICE PROVIDER products/services on the website of the SERVICE PROVIDER (in this contract, “CUSTOMER” and/or “YOU” for short) This Preliminary Information Form and Service Agreement (shortly “Agreement”) have been accepted under the terms and conditions below. After that, in the Contract; CUSTOMER/YOU and SERVICE PROVIDER may be referred to as “Party” separately and “Parties” together.
2. Subject and Purpose of the Agreement
The subject of this Agreement; Regarding the profit share to be received by the CUSTOMER in line with the box office figure after the sale of the tickets of the movies offered for sale by the SERVICE PROVIDER on the www.cinemafon.com website or the website to be directed by the SERVICE PROVIDER, and after the movie/films are released after the sale, and the Consumer It covers the rights and obligations of the parties, provided that the provisions of Law No. 6502 on the Protection of Consumers - Regulation on Distance Contracts (OG:27.11.2014/29188) are valid for customers holding the title.
By accepting this Preliminary Information Form and Service Agreement, the CUSTOMER accepts in advance that he has received the tickets subject to the contract and has been informed about it.
Your acceptance of this Agreement electronically also means that you have read, understood and agreed within the scope of this Agreement and the Privacy – Security Policy, Withdrawal Form, Regulation on Distance Sales and the relevant Consumer Legislation on the www.cinemafon.com website, which is attached with reference to the Agreement. It will mean that you have been given preliminary information within the scope of the Law on the Protection of Consumers No. 6502 - Regulation on Distance Contracts and you accept that the provisions of the Agreement are binding on you.
3. Effective Date and Duration of the Agreement
3.1. The duration of this Agreement; It starts with the CUSTOMER's request to purchase products/services online through the website of the SERVICE PROVIDER, www.cinemafon.com or the website to be directed by the SERVICE PROVIDER, and continues until the date the film/films are released from the vision.
3.2. Except for the termination of the contract with a written notice by the CUSTOMER for a justified reason arising from the SERVICE PROVIDER, no fee will be refunded to the CUSTOMER by the SERVICE PROVIDER in the event of termination of the contract before the deadline.
4. Notifications
4.1. The SERVICE PROVIDER shall use the e-mail address notified by the CUSTOMER for any notification to be made to the CUSTOMER. It is the CUSTOMER's responsibility to ensure that this address is a valid address, belongs to an authorized person regarding the services received, and is kept up to date. In the relevant e-mail notifications, it accepts that the SERVICE PROVIDER shall not be held responsible for any problems or delays that may occur in its services under any circumstances.
4.2. The CUSTOMER shall ensure that the information to be communicated to the SERVICE PROVIDER during registration is correct and up-to-date, that he/she shall not claim any rights and damages from the SERVICE PROVIDER due to inaccuracies and damages that may arise from the fact that the information he/she reports to the SERVICE PROVIDER is incorrect, incomplete or not up-to-date. that the e-mail address is valid, correct and complete, that it will be accepted by the SERVICE PROVIDER in this way, that all notification and invoicing transactions to be made to the CUSTOMER by the SERVICE PROVIDER will be made within this information, unless the CUSTOMER notifies otherwise in writing, that this information is not accurate, complete and up-to-date. Any responsibility that may arise belongs to the CUSTOMER.
4.3. The CUSTOMER agrees that the SERVICE PROVIDER sends an information mail to the e-mail address it has notified to the SERVICE PROVIDER and that the name of the e-mail received by the e-mail is qualified as the SERVICE PROVIDER.
5. Fee, Billing and Payment
5.1. The fee to be paid for the services received by the CUSTOMER is the amount including VAT, which will be specified at the time of purchase on the website. If the CUSTOMER approves, the collection takes place.
5.2. Charges for the service received will be specified during the ordering process. The CUSTOMER agrees to pay for the tickets he/she has purchased (“service/s”), as soon as he/she requests the service from the SERVICE PROVIDER. The payment is made by the CUSTOMER by one of the EFT/TRANSFER or CREDIT CARD payment methods presented to the CUSTOMER on the website of the SERVICE PROVIDER.
5.3. The beginning of the contract must be paid with a stolen credit card, etc. In such cases, the SERVICE PROVIDER may immediately cancel and/or stop and/or limit the service received without any notice, without prejudice to its other legal rights. CUSTOMER accepts this issue.
5.4. SERVICE PROVIDER; Upon the CUSTOMER's acceptance of this Agreement and approval of the order, the CUSTOMER shall have the right to collect the purchased service fees from the credit card account given by the CUSTOMER during the order.
5.5. These fees include Taxes.
5.6. The invoice(s) issued by the SERVICE PROVIDER regarding the services purchased by the CUSTOMER are sent to the invoice address specified by the CUSTOMER by cargo, registered electronic notification address, e-invoice or any other method agreed by the parties.
6. Termination
6.1. During the contract; In the event that one of the parties fails to fulfill its obligations specified in the contract regarding the service received in this Agreement, general terms of use, for more than seven (7) days, or if it is determined that the information declared by the CUSTOMER to the SERVICE PROVIDER is not correct, the other Party unilaterally and immediately may terminate. CUSTOMER; declares, accepts and undertakes that he will not be able to claim the fee paid, regardless of the remaining time, in case he violates his obligations or causes termination due to misrepresentation.
7. Responsibilities
7.1. The CUSTOMER declares, accepts and undertakes that he will comply with the notices and warnings sent by the SERVICE PROVIDER within the scope of the service he receives. The CUSTOMER cannot distribute or sell the tickets purchased from the SERVICE PROVIDER to third parties.
7.2. The SERVICE PROVIDER accepts, undertakes and declares that, after the tickets sold under this contract, approximately 1 month after the release date of the movie/films, the ticket prices received by the CUSTOMER will be paid to the Bank account number to be specified by the customer, with the profit to be calculated according to the box office figures of the movie. .
7.3. It is taken from sites such as boxofficeturkey.com according to the actual number of viewers that the film/films will make at the box office. After the movie/films are released, the profit share is determined according to the actual number of viewers. If the actual number of viewers is less than 150,000, the profit share rate will be calculated over 20%, and if it is more than 150,000, it will be calculated over 25%.
7.4. The SERVICE PROVIDER cannot be held responsible for any material or moral damages that may arise from the misuse of the CUSTOMER data in the service it provides, data content, all data used by e-mail.
8. Right of Withdrawal, Usage and Conditions
8.1. Right of Withdrawal: The Customer, who is a consumer, has the right to withdraw from the contract within fourteen days without giving any reason and without paying any penalty. The right of withdrawal can be used if the invoice for the virtual ticket is delivered to the SERVICE PROVIDER by cargo. The refund will be made without any profit share. The term of the right of service begins on the day the contract is concluded in contracts related to the performance of service.
8.2. Use of the right of withdrawal:
It is sufficient to send the notification regarding the exercise of the right of withdrawal to the address of the Service Provider or info@cinemafon.com, in writing or with a permanent data storage, before the right of withdrawal expires. In the exercise of the right of withdrawal, the Customer may use the Contact form or make a clear statement of the withdrawal decision.
8.3. Service provider; Returns all collected payments, including delivery costs to the consumer, within fourteen days from the date on which the notification regarding the use of the right of withdrawal by the Customer is received.
8.4. Exceptions to the right of withdrawal
The Customer with the title of consumer cannot use the right of withdrawal in the following contracts:
a) Contracts for goods or services whose prices change depending on the fluctuations in the financial markets and which are not under the control of the seller or supplier.
b) Contracts for services prepared in line with the wishes or personal needs of the consumer.
c) Contracts regarding services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer.
d) Contracts regarding services that are started to be performed with the approval of the consumer, before the expiry of the right of withdrawal.
9. Other Provisions
9.1. Notification: The addresses of the SERVICE PROVIDER stated above at the beginning of the contract and given by the CUSTOMER during the order are legal notification addresses, and unless the address changes are notified to the other party in writing, the notification made to the current address will be considered valid. Companies that are legally required to obtain a registered electronic notification address of the CUSTOMER.
In the event that it is the case, the SERVICE PROVIDER may also make its notifications to this address.
The SERVICE PROVIDER may send a message, information or letter to the e-mail address it has assigned to the CUSTOMER during the service period it provides. The CUSTOMER cannot claim that the electronic messages in question were not received or not reached, and declares, accepts and undertakes that the said messages will be deemed to have been legally notified 1 day after they are sent.
9.2. Force Majeure: Within the scope of this Agreement, natural disasters, fire, war, civil uprising, general strike, legal change shall be deemed Force Majeure and shall be limited to these. In the event that the Parties violate this Agreement due to Force Majeure, the infringing Party shall not be liable for such violation. The Party affected by the force majeure shall notify the other Party in writing as soon as possible technically, but in any case within 1 (one) week at the latest after the occurrence of the force majeure event (“force majeure notification”) . If the delay or deficiency in question ends, the Party affected by the force majeure shall immediately notify the other Party in writing that the force majeure event has ended. may terminate the contract unilaterally and without compensation.
9.3. Transfer and Assignment: The CUSTOMER cannot transfer or assign any of its rights or obligations under this Agreement to any third party without the written consent and permission of the SERVICE PROVIDER. The SERVICE PROVIDER may transfer and assign its rights and obligations arising from the Agreement to its subsidiaries and partnerships, provided that the obligations under this Agreement are fulfilled exactly. In the event that the capital and/or partnership structure of the SERVICE PROVIDER in effect at the signing date of this Agreement changes or merges with another company and establishes a new commercial partnership or takes over another company or is taken over by another company, this Agreement remains in effect.
9.4. Stamp Duty and Other Taxes: The stamp duty arising from this Agreement will be paid by the SERVICE PROVIDER.
9.5. Inseparable Annexes of the Agreement: This agreement, Security and Privacy Policy and Withdrawal Form, published on www.cinemafon.com and accepted by the CUSTOMER, are the annexes and inseparable parts of this Agreement.
Disputes and Disputes: Istanbul Çağlayan Courts and Enforcement Offices are authorized to resolve disputes arising from the implementation of this contract. Customers holding the title of consumer can apply to the Consumer Arbitration Committee and/or the Consumer Court for the resolution of disputes.
