Distance Sales Agreement
This agreement contains the necessary terms for you to access and use the services on our website.
1. PARTIES
This Wisersell.com User Agreement (hereinafter referred to as the “User Agreement” or the “Agreement”) is made between Iwastech and the user. The Agreement is effective upon mutual acceptance by the user and Iwastech at the time of electronic approval, in accordance with the terms and conditions specified in this Agreement, for registration on the website https://www.wisersell.com/ operated by Iwastech.
The user acknowledges, declares, and warrants that they have read the entire Agreement, fully understand its content, and accept all of its provisions. The user further acknowledges, declares, and warrants that they have read the entire Privacy Policy, which forms an integral part of this Agreement, fully understand its content, and accept all of its provisions.
2. DEFINITIONS
Iwastech: Iwastech Software E-Commerce Export and Import Limited Company.
User: Any individual who is a member of the Site and benefits from the services provided on the Site under the terms specified in this User Agreement, including traders, artisans, suppliers, manufacturers, commercial businesses, trade companies, and any individual not engaged in the profession of sales.
Site: The website consisting of the domain name wisersell.com and its subdomains.
Website: The website used for commercial activities on the Internet, which belongs to the Admin Panel and/or used by the Seller to offer goods or services for sale.
Payment Instrument: The personalized tools used by the User to make payment orders, such as cards, mobile phones, passwords, and similar.
Payment Account: The account opened in the name of the Seller with Iyzico, which is used to process payment transactions.
Payment Transaction: A series of operations carried out via the Platform for the purpose of making payment for products or services offered on the Website.
Platform: The virtual platform consisting of the software that acts as a virtual payment and verification gateway developed by Iwastech.
Seller: The seller/provider who sells through the Website and receives the funds for the Payment Transaction.
Service: The Iyzibazaar service provided to the Seller under the terms and conditions specified in the Agreement.
System Partner: The bank or financial institution cooperating with the Platform for processing payments.
Agreement: This Virtual Platform Usage Framework Agreement entered into between the Seller and Iwastech.
Suspicious Transaction: A Payment Transaction that may be considered an Invalid/Unauthorized Transaction, including the situations defined in the Agreement.
3. SUBJECT OF THE AGREEMENT
The subject of this Agreement is to determine the Service provided on the Site, the conditions for utilizing the Service, and the mutual rights and obligations of the User and Iwastech. By accepting the terms of the User Agreement, the User agrees to comply with any statements made regarding usage, membership, and the Service on the Site.
b) This Agreement regulates the principles of the Service provided by Iyzico to the Seller for collecting the payments for the products and services offered for sale through the Website, as well as the rights and obligations of the Parties in this regard.
4. GENERAL TERMS
4.1. REGISTRATION
a) The Seller will be registered to the Service by Iyzico when they send their information through the API.
b) After Iyzico approves the Seller’s information, this Agreement will come into effect as of the date the Seller approves it.
4.2. TERMS OF USE
a) The Seller may only use the Service after the Agreement comes into effect.
b) Iyzico reserves the following rights:
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To contact the Seller by phone, verify information, request additional information and documents, and/or,
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To refuse to register the Seller, providing a reason.
4.3. PRINCIPLES OF PLATFORM OPERATIONS
4.3.1. General Principles
a) Under this Agreement, Iyzico agrees and undertakes to provide the Service for the acceptance and processing of payments for the products or services offered on the Website, and to make payments to the Seller.
b) Iyzico reserves the right to change the security standard, especially as a result of changes in security standards implemented by System Partners.
c) The Seller acknowledges that the provisions regarding the payments made by the User are carried out under the conditions specified by the System Partners and declares that Iyzico is not liable for any violations or attacks (hacking, phishing) related to the System Partners’ sites.
d) The Platform and services under this Agreement are exclusively for the use of the Seller. Any violation of this provision constitutes a breach of the Agreement, which is sufficient reason for Iyzico to unilaterally terminate the Agreement.
4.3.2. Additional Regulations Regarding the Seller’s Use of the Platform
a) If the Seller wishes to use the Service or the Admin Interface on their own website or other websites, this must be communicated to Iyzico, and if accepted by Iyzico, a separate agreement will be made between the Parties.
b) Iyzico will ensure that the necessary system tools for using the Platform are implemented by the Seller.
c) Iyzico will provide support for using the Platform and has the authority to give instructions regarding the installation, usage, and operation of the Platform.
d) The Seller will immediately notify Iyzico in writing in case of cyberattacks, viruses, or other unauthorized access by third parties to the Platform or information.
e) Iyzico does not allow the Seller to make changes to the system tools, interfere with their functions beyond what is provided by the system, or act against the installation and usage instructions. The Seller’s violation of these terms will constitute a breach of the Agreement.
5. RIGHTS AND OBLIGATIONS OF THE SELLER
a) The Seller agrees and declares that they will not make changes to the Platform, will not interfere with its functions, and will use the Platform in accordance with the installation and usage instructions.
b) The Seller will comply with the explanations provided by Iyzico regarding the features of the Platform and the “Rules for Payments Made Through the Iyzico Platform” and all related updates, and will be responsible for any claims arising from non-compliance.
c) The Seller will not list/sell illegal products or services on the Website. If it is determined that products or services offered on the Website are illegal or contrary to Iyzico’s principles, especially those listed below, Iyzico has the right to suspend the use of the Platform, either fully or partially.
Users will also not use the Service and Platform to provide products and services that violate laws or morality, or for unlawful or immoral purposes.
In this context, the Service cannot be used for the sale and provision of the following products and services:
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Pornographic products or erotic services,
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Products showing or promoting child pornography, and other sexual practices indicating the commission of the crime of distributing pornography,
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The distribution of drugs, psychotropic substances, or poisons,
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Prescription medications,
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Products and services that may encourage or cause crime, or that remove copyright protections through technical means,
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Products and services covered under anti-terrorism laws,
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Products or services containing insults or offensive language that could damage Iyzico’s reputation with third parties,
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Payments for gambling debts or winnings, regardless of the location and type of gambling activity,
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Products that violate third-party intellectual and industrial property rights.
d) The refusal of a Payment Transaction or the complete suspension of access to the Platform due to the reasons listed above does not constitute a breach of the Agreement by Iyzico.
e) All liability arising from the matters outlined above is the responsibility of the Seller, and Iyzico retains the right to claim compensation from the Seller for any damages incurred, including related costs.
In case of damages to Iyzico resulting from the sale or provision of illegal or Iyzico-principle violating products and services, the Seller is obligated to compensate Iyzico’s losses immediately and in full, upon first request.
f) The Seller is required to provide information to Iyzico upon request about the products or services offered/provided on the Website and the transactions under the Service.
If the Seller fails to provide this information, Iyzico has the right to refuse to process the payment for the products or services in question and suspend the Seller’s access to the Platform if the information is not provided.
g) The Seller is responsible for ensuring that the products and services offered on the Website are in compliance with the laws, and that they do not violate any laws or regulations regarding the sale of products and services.
h) The Seller will fulfill all documentation obligations related to taxes for each product and/or service sold through the Website in accordance with tax legislation.
i) The Seller will take necessary precautions to ensure the confidentiality and security of Sensitive Payment Data. The Seller will not store, process, or record Sensitive Payment Data and will immediately notify Iyzico of any significant security incidents.
j) The Seller agrees, declares, and undertakes not to engage in transactions through virtual POS devices on the Website with the intention of obtaining profit through the use of payment cards belonging to themselves or third parties, and not to conduct transactions that qualify as cash sales benefiting themselves or third parties by making transactions that do not align with their actual intentions.
In the event that such a transaction is detected by Iyzico or official authorities, Iyzico has the right to immediately and unilaterally stop the use of virtual POS systems and terminate the Agreement due to a breach.
Regardless of whether the Agreement is terminated, Iyzico reserves the right to claim compensation for any damages incurred.
6. RIGHTS AND OBLIGATIONS OF IYZICO
6.1. IYZICO’S RIGHT TO RESTRICT ACCESS TO THE PLATFORM
a) Iyzico has the right to restrict access to the Platform in case of the following situations. Access will be restored once the issue is resolved:
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If there is a computer virus threat to the Platform,
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If the Seller does not provide the required information (including information that should be made available by the Seller),
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If the Service is used in violation of section 5(c).
b) If the situations listed in (a) above are not corrected by the Seller within 3 days or if such situations occur repeatedly more than once within 2 months, Iyzico has the right to suspend access to the Platform.
Once the reason for the suspension is resolved, Iyzico will reopen the Platform after performing a security audit.
6.2. PLATFORM MAINTENANCE, INTERRUPTIONS, AND FAULT RESOLUTIONS
a) Iyzico will provide the necessary continuous maintenance, hardware, and technical support for the proper operation of the Platform. In connection with this, Iyzico reserves the right to temporarily stop or limit the operation of the relevant servers in cases clearly specified in this Agreement. In such cases, the Seller will not have any right to compensation.
b) Except for cases explicitly stated in this Agreement, Iyzico will make every effort to carry out any necessary maintenance, updates, and similar matters outside business hours, particularly during evening or night hours (between 01:00 and 06:00). However, in emergencies, interruptions may occur outside these days and hours.
c) Iyzico may notify the Seller in advance about any interruptions by sending an email, so the Seller can take the necessary precautions, except in emergencies.
d) Iyzico does not guarantee uninterrupted operation of the Platform. Iyzico will process payments on time, but is not responsible for any delays in transactions caused by issues from System Partners. However, Iyzico will make every effort to resolve such issues as quickly as possible and will stay in contact with the System Partners.
6.3. PROTECTION OF PERSONAL INFORMATION
The Seller acknowledges that they have been informed that their personal information will be processed, stored, and similar actions (such as system registration and recording) will be performed by Iyzico in accordance with the latest version of the Iyzico Privacy and Personal Data Policy, published at https://www.iyzico.com/gizlilik-politikasi/, for the purpose of providing the Service.
Iyzico is aware that personal data is considered “confidential information” and is obligated to take the necessary precautions to ensure the confidentiality of the personal information provided to it for this purpose, and commits to complying with the Law on the Protection of Personal Data No. 6698 and other applicable regulations.
7. COMPLAINT PROCEDURE
6. ERROR AND LIABILITY RESPONSIBILITIES
7.1. Complaint Procedure
a) The Seller will notify Iyzico of any complaints regarding the services provided by Iyzico in the following ways:
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[email protected] by sending an email, or
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By sending a registered letter to Iyzico’s address at Burhaniye Mah. Atilla Sok. No:7 Üsküdar, Istanbul.
b) Iyzico will make its best efforts to resolve the issue reported in the complaint. Iyzico commits that the personnel assisting in the resolution process are qualified. Iyzico will not be responsible for any delays arising from incomplete complaint notifications.
c) Complaints submitted by the Seller will include the following information:
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Reason for the complaint,
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List of parties involved in the transaction,
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Transaction code, if available,
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A detailed explanation of the issue and any possible error messages.
d) The Seller will not share complaints about the Platform and Payment Transactions with third parties and will be responsible for verifying the complaint. If the issue does not stem from the Service, the Seller will not forward requests directly to Iyzico.
e) Disputes between the Seller and any User will be resolved between the relevant parties, and Iyzico will not be responsible for these transactions or disputes. If Iyzico is required to make any payment under this clause, the Seller will compensate Iyzico immediately for all such amounts, including legal fees. Iyzico has the right to deduct these amounts from the payments due to the Seller.
f) Complaints will be answered by Iyzico within 20 (twenty) days from the date of receipt.
7.2. LIABILITY FOR ERROR AND DAMAGE
a) Iyzico will not participate in the provision or return of products or services offered on the Website to the User. Therefore, Iyzico will not be responsible for the products or services paid through the Platform or for the lawful conclusion of the contracts related to these products.
b) Iyzico is only liable for direct damages caused by a breach of obligations arising from the Agreement and is not responsible for damages caused by third parties or System Partners without its fault.
c) Iyzico will not be responsible for the failure to complete or delays in processing transactions caused by the Seller entering incorrect or incomplete bank account details after the payment order is issued.
Iyzico is also not liable for any delays or failure to complete the Payment Transaction caused by unforeseen or unavoidable circumstances, or for errors in these transactions not caused by Iyzico.
d) If the Seller acts in violation of the obligations or commitments under this Agreement, or violates laws or third-party rights, resulting in harm or legal, administrative, or criminal penalties for Iyzico, the Seller will pay the relevant amounts (including legal fees) immediately upon first request. Iyzico may offset these amounts from the payments due to the Seller.
e) If the Seller acts in violation of the provisions in sections 4.3.1(d), 7.2(d), and 7.3(h) of this Agreement, the Seller is obligated to pay a penalty of 25,000 TRY. Iyzico may deduct this penalty from the payments due to the Seller. Additionally, Iyzico retains the right to claim damages exceeding the penalty amount.
The Seller agrees that in cases of risky transactions (defined in sections 4.3.1(d), 7.2(d), and 7.3(h)), Iyzico may refuse to make payments to the Seller.
7.3. LIABILITY IN CASES OF SUSPECTED / UNAUTHORIZED / ERRONEOUS TRANSACTIONS
a) If the payment is sent to Iyzico by the User, Iyzico will transfer the payment to the Seller once the conditions outlined in this Agreement are met and after the approval processes are completed. If the payment is not transferred to Iyzico by the User, Iyzico will not be obligated to make the payment to the Seller.
c) If a notification of a Wrong/Unauthorized Transaction is made to Iyzico, the User will be able to request a chargeback within 13 (thirteen) months following the completion of the Payment Transaction.
In such a case:
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If the transaction amount has not been transferred to the Seller, it will be refunded directly to the User’s payment service provider.
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If the transaction amount has been transferred to the Seller, Iyzico will request the amount back from the Seller. The Seller is obligated to refund this amount within 1 day.
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Iyzico may deduct the relevant amount from the payments due to the Seller.
ç) Iyzico has the right to withhold the transaction amounts and not make payment to the Seller in the following cases:
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If there is suspicion that the Payment Transaction does not comply with legal provisions,
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If there is suspicion that the Payment Transaction was made without the knowledge of the credit card holder,
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If there is suspicion that the Payment Transaction was made without the knowledge of the bank account holder,
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If there is suspicion that the Payment Transaction is not a genuine transaction (except for test transactions).
If the suspicious situation is documented, the payment will be definitively canceled.
d) In cases where Iyzico is required to refund or compensate damages to the System Partner or User as a result of the above-mentioned situations, all such losses will be reimbursed by the Seller, and the Seller will pay these amounts along with any additional costs upon first request. Iyzico reserves the right to offset these amounts.
e) In case of repeated Wrong/Unauthorized/Suspected refund transactions, Iyzico has the right to suspend or terminate the Seller’s membership.
f) If there is a reasonable belief regarding the unauthorized use of any Payment Instrument, the Seller will review the authorization of the relevant User and, if they conclude the transaction is fraudulent, will not accept the payment.
In this case, the Seller is obliged to immediately notify Iyzico.
8. CONDITIONS FOR THE SELLER'S USE OF THE IYZICO LOGO
a) The Seller agrees, declares, and undertakes not to use the name, logo, or any other elements belonging to Iyzico in any promotion without Iyzico’s written consent.
b) Iyzico reserves the right to modify the Platform and the content and design of its own website, provided that the services are not interrupted. In such a case, Iyzico will make the modified materials available to the Seller for use.
9. PRINCIPLES REGARDING PAYMENTS
9.1. GENERAL PRINCIPLES
a) Iyzico is responsible for transferring the amounts sent by the User to the Seller on the next business day following the date when the payment order is considered to be given according to Article 7.3(c).
b) Iyzico reserves the right to unilaterally change the pricing conditions.
c) The Seller acknowledges that Iyzico is not a bank, credit, or financial institution, and that the services provided by Iyzico under this Agreement are not banking services. Iyzico provides payment services as an electronic money institution under the law.
In this context:
Iyzico will not accrue interest on the amounts collected for the Payment Transaction,
Iyzico will not issue Payment Instruments,
The Seller will not request any interest or benefits under any other name from Iyzico.
Iyzico cannot provide credit, installment options, payment for uncollectible amounts, or payment guarantees, or engage in any related activities.
The Seller agrees and undertakes not to make any such requests to Iyzico.
However, if the Seller offers installment payments voluntarily, payment services related to installment payments may be provided.
9.2. PRINCIPLES REGARDING PAYMENT TRANSACTIONS
a) Iyzico is not responsible if the payment is not made to the Seller by the System Partner or relevant bank, even though the transfer is made by Iyzico.
b) In order for the payment to be processed, the relevant System Partner must authorize the payment.
The Seller will pay a Commission Fee for each transaction made using the Platform, provided that authorization has been obtained and the transaction has been marked as “completed.”
Once the amount is transferred by the User through the Platform, and the System Partner has provided positive authorization, the transaction will be marked as “completed” if all steps requested by the System Partners have been properly executed.
c) If a negative authorization is provided to Iyzico for the transaction, the Seller will be informed, and the transaction will be assigned an appropriate status along with an explanation from the System Partner, if available, stating why the transaction was not completed.
d) The Seller is responsible for setting the prices for products and services offered through the Website, and acknowledges that Iyzico has no control or responsibility in this regard.
10. TERM AND TERMINATION OF THE AGREEMENT
a) This Agreement will enter into force on the date specified in Article 4.1(b) and will remain in effect unless terminated by the parties.
b) If the parties fail to fulfill their obligations under this Agreement, the other party will send a notice to the defaulting party, providing a 14 (fourteen) day period to remedy the breach. If the breach is not corrected within this period, the Agreement will be considered terminated without the need for further notice.
c) The Seller may terminate this Agreement at any time without providing any reason, by giving written notice 1 (one) month in advance.
Iyzico may terminate the Agreement without providing any reason and without compensation by giving 2 (two) months written notice.
Any obligations due before the termination of the Agreement must be fulfilled, and the rights to any receivables accrued up to the termination date will remain reserved for both parties.
d) In the event that the Seller:
Becomes insolvent,
Files for bankruptcy,
Files for bankruptcy suspension,
Is subject to a court-appointed receiver or concordat proceedings,
Ceases operations in practice,
Changes the nature of its business (including the products and services it offers) substantially,
Disposes of all or a significant portion of its assets
Iyzico has the right to immediately stop providing services under this Agreement and terminate the Agreement without compensation.
e) In cases of suspected fraudulent or unauthorized use, Iyzico may suspend the Service and block access to the Platform.
In such cases, provided there are no legal restrictions preventing the disclosure of information or objective security concerns, Iyzico will notify the Seller about the situation, and when the cause of the suspension is resolved, the Service and Platform will be made available again for the Seller’s use.
11. MISCELLANEOUS PROVISIONS
a) The terms and conditions to be announced on the website www.iyzico.com regarding the provision of services by Iyzico shall be an annex and an integral part of this Agreement.
This Agreement will always be accessible to the Seller on Iyzico’s website at www.iyzico.com or associated addresses.
b) Any fees, charges, and taxes arising from this Agreement will be equally paid by the Parties.
c) The Parties shall not transfer or assign any of their receivables arising from this Agreement to any third party without the written consent of the other Party.
d) Iyzico may amend any provisions of this Agreement by announcing it on its website and/or publishing new versions.
Regarding such amendments, Iyzico will notify the Seller, at least 30 (thirty) days prior to the effective date, including information about the scope of the changes, the effective date, and the Seller’s right to terminate.
In this case, the Seller has the right to terminate the Agreement without any payment, and if no objections are made within the 30 (thirty) days, the changes will be deemed accepted.
e) If the Parties fail to fulfill their obligations due to reasons beyond their control, which could not reasonably be foreseen in advance (such as war, martial law, mobilization, terrorist acts, natural disasters, fire, strike, and lockout), such events shall be considered as force majeure.
In the event of force majeure, the performance of the obligations under this Agreement will be suspended until the force majeure situation is resolved. If the suspension lasts for more than 1 (one) month, the Parties have the right to terminate this Agreement.
f) The Seller will comply with the rules and procedures of VISA, MasterCard, and other payment card organizations, and the authorities (e.g., Banking Regulation and Supervision Agency, Central Bank of the Republic of Turkey, etc.), as well as the rules and procedures established by Iyzico.
g) The Seller is responsible for listing the products offered for sale in the correct category and in compliance with the Bank Cards and Credit Cards Law, the related regulations, and the Consumer Protection Law No. 6502, and ensuring that no unrelated words are used in product listings.
If the Seller lists products in violation of these rules and the products are installment-based outside the Banking Regulation and Supervision Agency (BRSA) legislation, the Seller will be solely responsible for any damages or administrative penalties incurred by Iyzico.
h) Iyzico has the right to unilaterally terminate this Agreement if it detects that the Seller has misclassified products or provided misleading information and/or terms about the products.
In case of unilateral termination by Iyzico, the Seller will not have any claim for damages from Iyzico.
i) If any provision of this Agreement is deemed invalid for any reason, the applicability and/or validity of the remaining provisions or the Agreement itself will not be affected by such invalidity.
j) The Parties agree that the records accessible through the Platform will be considered as evidence between the Parties under the rules of evidence.
k) The Parties accept that the competent courts for any disputes arising from this Agreement will be the Istanbul Anatolian Courts and Enforcement Offices.
l) If the Parties fail to notify each other in writing of any changes to their addresses specified in this Agreement, any notifications or communications made to the addresses in the current Agreement will be considered as valid notice.
Iyzico will send notifications to the Seller’s email address specified in the Agreement. However, according to Article 18/3 of the Turkish Commercial Code, notifications related to default or termination of the Agreement will be made through a notary, registered mail, telegram, or secure electronic signature via the Registered Electronic Mail (KEP) system.