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Terms of Sale
Terms of Sale
ARTICLE 1: SUBJECT AND SCOPE OF THE AGREEMENT
1.1
The subject of this Distance Sales Agreement (“Agreement”) is to define the rights and obligations related to the Member’s right to benefit from the services selected by the Member, within the conditions, scope, and duration specified herein, and during the periods when Maya Yoga is operational, offered by Hikmet Gürbüz Sole Proprietorship – MAYA YOGA, operating at Zeytinlik Mah., Ebuziya Cad., Taşevler Sok., No: 2, Floor: 2, Bakırköy / Istanbul.
1.2
Under this Agreement, single-session individual classes, group class packages, workshops, or training services are sold. After the Member selects the desired single session, workshop, group class package, or service type on the relevant screen, the Member shall sign this Agreement and then complete the payment for the selected service via the payment screen.
1.3
For the relevant single session or service, only this Agreement shall be executed, and no additional written agreement shall be required.
ARTICLE 2: TERM
The term of this Agreement is limited to the duration of the selected service. Any unused rights within this period cannot be compensated, used later, or carried over to a subsequent period.
ARTICLE 3: FEES AND PAYMENT
3.1
All payments under this Agreement shall be made solely in Turkish Lira and using the payment methods specified herein.
3.2
Following the execution of this Agreement, the Member shall make payment equal to the package fee via the payment screen presented. After signing the Agreement and making the advance payment, the Member shall benefit from the service corresponding to the paid package upon attending Maya Yoga.
3.3
The Member who pays for the service package pursuant to Article 3.2 acknowledges and undertakes that the start date of the first class attended constitutes the commencement date of the service, that the remaining classes must be completed within the period specified in the package conditions, that they may not request to attend a different day or a similar or alternative service, and that the advance payment made shall not be refunded.
3.4
Payments under this Agreement shall be made via Virtual POS, against an invoice, after the selection of the service and execution of the Agreement. No other payment methods are available or may be requested by the Member.
3.5
Maya Yoga reserves the right to change class or service fees at any time.
3.6
The fee determined and paid under this Agreement applies only to the services and classes committed to the Member on the date of package selection. After payment, cancellation of the selected package and/or service and refund requests are not permitted.
3.7
Maya Yoga reserves the right to organize campaigns, promotions, installment sales at cash price, or installment pricing with specified interest or maturity differences. Such practices shall not create any acquired rights for Members who previously purchased packages or services, nor entitle them to make additional claims.
ARTICLE 4: SCOPE OF MEMBERSHIP
4.1
Single-use programs purchased under this Agreement (individual sessions, group class packages, workshops, or training) are valid only for the specified dates and programs. If the Member does not attend the paid session, workshop, or training, the Member may not attend another program on a different date nor request a refund of the advance payment.
4.2
Only the individual who signs this Agreement may benefit from the purchased package or service. Membership is non-transferable, may not be used by third parties, and may not pass to heirs.
4.3
Individuals under the age of eighteen may purchase and benefit from programs only with a written consent form signed by a parent, legal guardian, or custodian. Otherwise, the minor shall not be permitted to use the service, and the advance payment shall not be refunded.
ARTICLE 5: MEMBER’S RIGHTS AND OBLIGATIONS
5.1
Each Member who signs this Agreement and gains the right to use Maya Yoga’s studio and facilities undertakes to strictly comply with studio rules, use the facilities and equipment properly, avoid causing damage, keep the premises and surrounding areas clean, and refrain from disturbing behavior. In case of non-compliance, membership may be canceled without any refund, and the Member shall compensate both direct and indirect damages incurred by Maya Yoga.
5.2
The Member acknowledges that they are entitled only to the services purchased and may not claim any services outside the scope of this Agreement.
5.3
The Member acknowledges that Maya Yoga does not guarantee any specific outcomes such as weight loss, weight gain, or health improvement beyond the provision of the agreed services.
5.4
Members declare that they have no health or physical condition preventing participation. They agree not to hold Maya Yoga, its representatives, or instructors liable for any injury, illness, pregnancy-related condition, disability, or death arising from participation or failure to follow medical advice.
5.5
The Member is responsible for any damage caused by themselves, their children, or guests due to negligence or fault and waives all claims against Maya Yoga unless intent or gross negligence is proven.
ARTICLE 6: MAYA YOGA’S RIGHTS AND OBLIGATIONS
6.1
Maya Yoga’s responsibility is limited to providing the selected services as agreed upon and paid in full.
6.2
Except for force majeure, maintenance, or repairs, Maya Yoga shall keep the studio available during specified times. Scheduling and studio usage are solely at Maya Yoga’s discretion and may be revised with notice.
6.3
Cancellations or changes related to classes, events, or instructors are at Maya Yoga’s sole discretion and will be communicated via studio announcements or email.
6.4
In cases of renovation, repair, or circumstances beyond Maya Yoga’s control, services may be partially or fully suspended without refund unless the business is fully closed.
6.5
Lockers are provided for temporary use during sessions. The Member is responsible for securing personal belongings. Maya Yoga is not liable for loss or theft.
ARTICLE 7: SUSPENSION AND TERMINATION OF MEMBERSHIP
7.1
For single-use services, suspension, termination, or withdrawal is not permitted except in cases of Maya Yoga’s fault.
7.2
If the service is not used on the scheduled date and time, the Agreement shall terminate automatically, and the payment shall not be refunded.
ARTICLE 8: CLOSURE OF THE BUSINESS
8.1
If Maya Yoga permanently closes, unused portions of paid fees shall be refunded within one (1) month. No further claims may be made.
8.2
Maya Yoga may transfer or merge the business. The Member may only request continuation of membership under the same conditions.
ARTICLE 9: PROCESSING AND PROTECTION OF PERSONAL DATA
By entering into this Agreement, the Member explicitly consents to the collection, processing, storage, use, transfer, and archiving of personal and sensitive personal data, including health data and images captured during activities, by Maya Yoga as Data Controller, in accordance with applicable data protection laws.
ARTICLE 10: FORCE MAJEURE
10.1
Events such as natural disasters, war, government decisions, pandemics, or other unforeseeable circumstances beyond Maya Yoga’s control constitute force majeure.
10.2
Maya Yoga shall not be liable in such cases and shall notify Members via appropriate channels.
10.3
If force majeure lasts longer than three (3) months, Maya Yoga may extend membership or refund unused portions at its discretion.
ARTICLE 11: SEVERABILITY
Invalidity of any provision shall not affect the validity of the remaining provisions. Maya Yoga may replace invalid provisions with lawful ones.
ARTICLE 12: WAIVER
Failure by Maya Yoga to exercise any right shall not constitute a waiver of that right.
ARTICLE 13: EVIDENCE AGREEMENT
The parties agree that Maya Yoga’s records, including electronic and accounting records, shall constitute conclusive evidence under Article 193 of the Turkish Code of Civil Procedure.
ARTICLE 14: NOTIFICATIONS
14.1
All notifications shall be sent to the contact details provided by the Member. Routine communications may be made via email.
14.2
Unless changes are notified, communications sent to the recorded addresses shall be deemed valid.
ARTICLE 15: COMPETENT COURT
Any disputes arising from this Agreement shall be subject to the jurisdiction of Istanbul Courts and Enforcement Offices.
ARTICLE 16: EFFECTIVE DATE
This Agreement consists of 16 (sixteen) articles, has been executed in one copy, entered into force on the date of signature, with the original retained by Maya Yoga and a signed copy provided to the Member.
DECLARATION OF ACCEPTANCE
I declare that I have read and understood this Agreement and its annexes, negotiated with the business representatives, received full information, and accept to receive services solely within the scope of this Agreement, which constitutes the final and entire agreement between the parties.
