DISTANCE SALES AGREEMENT
ARTICLE 1 – PARTIES
1.1. Seller
Title: ENES GÜNEY (sole proprietorship; trade name: UcuzGames)
Address: Güneştepe Mah., Osmangazi / Bursa
Telephone: 0850 307 7805
E-mail: [email protected]
VKN: 4350811042
Tax Office: Osmangazi
1.2. Buyer
The Buyer’s first name / surname / title, address, telephone number and e-mail address are the details provided by the Buyer during the order process and recorded in the Seller’s systems.
ARTICLE 2 – SUBJECT MATTER
The subject matter of this Agreement is to determine the rights and obligations of the parties, within the framework of the provisions of Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, in relation to the sale and performance of the product or service ordered electronically by the Buyer through the Seller’s website, www.ucuzgames.com.
ARTICLE 3 – PRODUCT / SERVICE SUBJECT TO THE AGREEMENT
The product name, essential characteristics, quantity, sales price including taxes, payment method and order date are as stated in the order summary, invoice / order record and, if applicable, the information provided on the product page.
Depending on their nature, products offered on the Site may include one or more of the following: access to a digital game account, a one-time digital right of use, shared account access, a digital code, e-pin, subscription or time-limited access, and similar intangible products / services. The specific nature of the product is stated on the relevant product page and in the order record. Not all products are classified under the same legal category.
Special provisions concerning the UcuzPass service, which constitutes a time-limited game access membership, are set out in Article 13 of this Agreement and in the UcuzPass Terms of Use' published on the Site.
The payment method is the method selected by the Buyer during the order process and recorded in the system. The total amount includes taxes and, if applicable, any additional charges expressly disclosed during the order process.
ARTICLE 4 – PRE-CONTRACTUAL INFORMATION AND CONSENT
4.1. The Buyer acknowledges that, before completing the order, they have received the pre-contractual information regarding the essential characteristics of the product, the Seller’s identity and contact details, the total price including taxes, the payment method, the method and time of delivery / performance, warranty or support information (if applicable, within the scope specified on the product page), and the right of withdrawal and any applicable exceptions, and have provided the required confirmation electronically.
4.2. The pre-contractual information notice shall be considered together with the Pre-Contractual Information Form on the Site and this Agreement.
ARTICLE 5 – DELIVERY / PERFORMANCE
5.1. The method of delivery or performance varies according to the nature of the product, and the information stated on the product page shall apply:
- Products delivered automatically: automatic delivery,
- Products prepared manually: manual delivery within the period stated on the product page,
- Pre-order products: delivery subject to the announced date or supply conditions.
5.2. Delivery may be made by sending or displaying account access details, a code, e-pin or other digital access information to the e-mail address and/or customer account provided by the Buyer.
5.3. The Seller shall not be held liable for delivery issues arising from the Buyer providing incorrect or incomplete contact information. In such cases, the delivered information will continue to be displayed in the Buyer’s customer account.
5.4. The price must have been collected using the relevant payment method for the Product to be performed. If the price is not paid or the transaction is cancelled in the records of the bank / payment institution, the Seller’s obligation to perform shall not arise.
5.5. If the Seller is unable to perform within the committed period due to force majeure, the Seller shall notify the Buyer. In such cases, the Buyer may request cancellation of the order, replacement with an equivalent product, or postponement until the impediment is removed. This situation arising from the Seller’s inability to perform is distinct from the voluntary product exchange based on personal preference regulated in Article 12; the Buyer’s statutory rights are reserved. If the order is cancelled, the amount paid shall be refunded within the period prescribed by the applicable legislation.
5.6. The Seller has no right to fail to deliver the Product at all or to keep the order pending indefinitely. If performance of the Product subject to the order becomes impossible, the Seller shall notify the Buyer in writing or via a durable medium within three days from the date on which the Seller becomes aware of this situation and shall refund the amount collected no later than fourteen days from the date of notification. The Buyer’s rights arising under mandatory legislation are reserved for orders not performed within the committed period.
ARTICLE 6 – WARRANTY AND SUPPORT
The warranty period and scope vary depending on the Product; the terms specified on the relevant product page shall apply. The effect on warranty coverage of circumstances such as failure to comply with the instructions for use, sharing with third parties, or changing security information shall be assessed in accordance with the Product terms.
ARTICLE 7 – GENERAL RIGHT OF WITHDRAWAL
Under Law No. 6502 and the Regulation on Distance Contracts, as a rule, consumers have the right to withdraw from the contract within fourteen days without stating any reason and without paying any penalty. For contracts concerning the delivery of goods, the withdrawal period begins on the date of delivery; for service contracts, it begins on the date the contract is concluded. Consumers may also exercise their right of withdrawal at any time between the conclusion of the contract and delivery of the goods.
Where a right of withdrawal applies, the Buyer may submit the withdrawal notice in writing or via a durable medium within the applicable period to [email protected] or through the support channels on the website. Where the right of withdrawal is duly exercised within the applicable period, the Seller shall refund the amount collected no later than fourteen days from the date the withdrawal notice reaches the Seller, using the payment method used for the transaction and without imposing any costs on the Buyer. The sample withdrawal notice in the Pre-Information Form' may be used for the withdrawal notice; its use is not mandatory.
The procedures and consequences relating to the exercise of the right of withdrawal are subject to the provisions of the Regulation on Distance Contracts in force.
ARTICLE 8 – EXCEPTION TO THE RIGHT OF WITHDRAWAL FOR DIGITAL PRODUCTS / SERVICES
8.1. Contracts concerning services performed instantly in an electronic environment and intangible products delivered instantly to the consumer may be considered within the scope of the exception to the right of withdrawal prescribed by the applicable legislation.
8.2. After the Product has been delivered, access details have been sent or displayed to the Customer, the code has been shared, or performance of the service has commenced with the Consumer’s consent, the right of withdrawal may not be exercised subject to the conditions prescribed by the applicable legislation.
8.3. The applicability of the exception shall be assessed in accordance with the nature of the Product, the method of delivery / performance, and the requirements of the applicable legislation. It cannot be claimed that the exception applies automatically and unconditionally to all products on the Site. A product to be delivered manually at a later date shall not be deemed to have been delivered instantly before it is delivered.
8.4. The absence of a right of withdrawal shall not affect statutory rights in cases where the Product is not delivered at all, is delivered incorrectly / incompletely, or does not function as described at the time of delivery.
8.5. UcuzPass membership is a service performed instantly in an electronic environment, commencing when payment is approved and providing instant access to the games in the catalog. With the Buyer’s explicit consent given on the payment screen before each purchase, there is no right of withdrawal for UcuzPass membership pursuant to subparagraphs (ğ) and (h) of paragraph one of Article 15 of the Regulation on Distance Contracts. Details are set out in Article 13.
ARTICLE 9 – NON-CONFORMING OR DEFECTIVE PERFORMANCE
Cases where the Product is not delivered at all, is delivered incorrectly or incompletely, or does not function as described at the time of delivery shall be examined on the basis of support records and technical data. The remedies prescribed by the legislation in force shall be applied according to the nature of the identified issue. Cases in which the law requires otherwise are reserved.
ARTICLE 10 – DISPUTE RESOLUTION
For disputes arising from this Agreement, Consumer Arbitration Committees and Consumer Courts at the place where the Buyer purchased the goods or services or where the Buyer is domiciled shall have jurisdiction, within the monetary limits announced by the Ministry of Trade. In cases where mediation is required by legislation as a condition for bringing an action, the parties shall apply to a mediator before filing a lawsuit.
ARTICLE 11 – ENTRY INTO FORCE
This Agreement shall be deemed concluded and entered into force when the Buyer electronically confirms the order and pays the price. The text of the Agreement shall be made available to the Buyer through order / account records that qualify as a durable medium.
ARTICLE 12 – PRODUCT EXCHANGE POLICY
For purchases made through UcuzGames, product exchange based on customers’ personal preferences is not offered, regardless of the order’s delivery status.
After an order has been placed, voluntary product exchange requests made on grounds such as selecting the wrong game, product, or platform (PC, PS4, PS5, etc.), changing the purchase decision, dissatisfaction with the Product, or requesting a different game, edition, pack, or digital service shall not be accepted.
The fact that the Product has not yet been delivered does not, by itself, create a right to request its exchange for a different product.
This provision does not prejudice consumers’ rights of withdrawal, cancellation, refund, or statutory optional rights relating to defective goods or services under the legislation in force. Legally mandatory cases shall be assessed separately in accordance with the applicable legislation.
ARTICLE 13 – UCUZPASS TIME-LIMITED MEMBERSHIP AND SUBSCRIPTION TERMS
13.1. Nature of the Service: UcuzPass is a game access membership consisting of Core, Plus, and Elite packages, available for monthly (30 days) or annual (365 days) terms. During the membership term, the Buyer accesses the PC (Windows) games included in their package through the UcuzGames desktop application, via shared accounts under the Seller’s control, and on a single registered computer. The games are not added to the Buyer’s personal Steam or other platform account, no game code is delivered to the Buyer, and the games are not purchased by the Buyer. The catalog and membership benefits may change subject to the principles and limitations set out in the UcuzPass Terms of Use's.
13.2. Information Regarding Shared Accounts: The Seller is not the developer or publisher of the games. The terms of use of game platforms may restrict the use of accounts by more than one person; platforms may restrict or terminate a shared account or access to a game, in which case access to the relevant game may be interrupted. The risk and cost of such restrictions occurring without any breach of rules by the Buyer shall be borne by the Seller; the Buyer’s rights are reserved pursuant to Articles 13.6 and 13.9 and the UcuzPass Terms of Use.
13.3. Price and Term: The membership fee is the price inclusive of taxes displayed on the payment screen at the time of purchase. The membership begins when payment is approved; the end date is displayed in the Buyer’s account. If the same package is renewed, the new term is added to the existing end date. If a higher-tier package is purchased using the site balance, it begins as a new membership, separate from and running concurrently with the existing membership; the end date of the existing membership does not change, and access is provided through the highest active package.
13.4. Payment and Automatic Renewal: Memberships purchased using the site balance are not renewed automatically. A subscription initiated by card through Stripe’s infrastructure is automatically renewed at the end of each term for the same package and term until the Buyer cancels it, and the term fee is charged to the card on file. Automatic renewal, the renewal term, and the renewal fee are clearly displayed to the Buyer when the subscription is initiated, and the Buyer’s consent is obtained separately. For annual subscriptions, a reminder e-mail containing the renewal date, amount, and cancellation method is sent to the Buyer at least seven days before renewal; payment is notified after each renewal. If the renewal fee changes, the new fee is notified to the Buyer at least fourteen days before the renewal to which it will apply. For other payment methods, any shortfall is credited to the site balance, and the membership is initiated with payment from that balance.
13.5. Cancellation and Termination: The Buyer may terminate a subscription initiated by card at any time, without stating a reason and without paying a penalty or additional fee, as easily as the method used to initiate the subscription, through the Stripe customer portal or via e-mail or support channels; the cancellation request is confirmed to the Buyer by e-mail. Cancellation stops the next renewal; access continues until the end of the paid term. No partial refund is made for a paid term; however, cases in which a refund is expressly provided for in this article and the UcuzPass Terms of Use, as well as the Buyer’s statutory rights to terminate and receive a refund, are reserved.
13.6. Exception to the right of withdrawal: UcuzPass membership is considered within the scope of services performed instantly in an electronic environment, as set out in subparagraph (ğ) of paragraph one of Article 15 of the Regulation on Distance Contracts, and services whose performance has begun with the consumer’s approval before the withdrawal period expires, as set out in subparagraph (h). Before each purchase, on the payment screen and before the payment button, the Buyer expressly consents to the immediate performance of the service by checking the previously unchecked consent box containing the text: "I approve the immediate commencement of my membership; I acknowledge that, as this is a digital service, I have no right of withdrawal or refund." This consent is recorded together with the version of the consent text, date and time, IP address, and device information, and is retained for ten years from the date of purchase. By giving this consent, the Buyer has no right of withdrawal from UcuzPass membership and no refund will be made. For subscriptions commenced by card, the consent given when the subscription is started also applies to each renewal period.
13.7. Defective or wholly unperformed service: The absence of a right of withdrawal does not deprive the Buyer of their rights in cases where the service is not performed at all, is performed contrary to the contract, or is defective. If the service cannot be provided for a reason attributable to the Seller or is defective, the Buyer may, pursuant to Article 15 of Law No. 6502, exercise one of the following rights: have the service performed again (including extending the term by the duration of any interruption), receive a price reduction in proportion to the defect, or terminate the contract; any right to compensation remains reserved where the relevant conditions are met. A solution recommended by the Seller’s support team does not limit the Buyer’s optional rights.
13.8. Payment disputes: If the Buyer files a payment dispute (chargeback) with their bank or payment institution, the membership may be suspended until the dispute is resolved, and the Buyer will be notified. If the payment is refunded to the Buyer as a result of the dispute, the relevant UcuzPass membership will end; if the dispute is rejected, the suspension will be lifted and the period spent under suspension will be added to the membership term.
13.9. Catalog and benefit changes: The removal of a single game from the catalog is not grounds for a refund. If the catalog is reduced to an extent that materially changes the nature of the catalog or pack as presented at the time of purchase, the Buyer may terminate the membership and request a refund for the amount attributable to the remaining days of the paid period. During a paid period, the membership benefits presented at the time of purchase will not be changed to the Buyer’s detriment; changes that reduce benefits will be announced at least fourteen days in advance and will take effect from the next period. If a change during a period is necessary due to circumstances beyond the Seller’s control, an equivalent benefit will be offered; if this is not possible, the Buyer may request a refund for the amount attributable to the remaining days.
13.10. Rules of use and termination: Sharing or selling access, changing the login/security information or settings of shared accounts, making purchases through these accounts, using the accounts outside the application, and cheating are prohibited. In the case of minor violations, a written warning will be issued first. In the event of a serious violation, the Seller may, in accordance with the procedure set out in the UcuzPass Terms of Use, terminate the membership by notifying the Buyer of the grounds, without refunding the fee for the remaining term; the Buyer’s right to object and any rights arising under law, including where the Buyer proves that the damage is less, remain reserved.
13.11. UcuzPass Terms of Use form an integral part of this agreement with respect to UcuzPass purchases. For matters specific to UcuzPass, this clause and the UcuzPass Terms of Use shall apply.
ARTICLE 14 – UPDATING THE AGREEMENT TEXT
The Seller may update the text of this agreement due to changes in legislation, services, or its business model. The updated text shall apply only to orders placed after the update; each order shall be subject to the text approved by the Buyer at the time of placing the order. For UcuzPass subscriptions initiated by card, material changes to the detriment of the Buyer shall be notified at least fourteen days before they take effect and shall apply from the next renewal; if the Buyer does not accept them, the Buyer may cancel the subscription before renewing it.
