PSAUXIT.COM – GENERAL TERMS AND CONDITIONS OF SALE – MAY 2024
psauxit.com is a specialized catalog-based e-commerce website. The website is published and operated by PSAUX IT, with its registered office at Feyzullah Mah, Özgür Sk, No:2/A Istanbul, Maltepe – Turkey 34843.
1 Definitions
Agreement: the online order confirmed by the Customer, setting out the items ordered, features, prices, bank or SEPA payment details where applicable and these General Terms and Conditions of Sale.
Customer(s): any individual or legal entity wishing to benefit from the services provided by PSAUX IT.
Parties: PSAUX IT and the Customer.
Personal Data: personal data as defined by European regulations and, in particular, in Turkey by the KVKK, as amended, which is entered, disclosed or communicated by the Customer while using the Product.
Plugin: the NPP (FastCGI Cache Purge and Preload for Nginx) plugin for the WORDPRESS content management system.
Products: the Products as presented in here
Service: Support and Updates.
Support: the support, assistance and/or maintenance services provided by PSAUX IT, including support, maintenance and upgrading services under the License, on the condition that such modifications or upgrades would not require rewriting of a substantial part of the existing Plugin.
Technical Requirements: the latest version of the list of hardware and system specifications recommended by PSAUX IT and appropriate for the use of the plugins, which the Customer must implement and maintain in compliance. The Customer shall be responsible for managing their use of WordPress and for upgrading their hardware and systems in accordance with changes made to the Technical Requirements.
Update: the improvements made to the existing standard application services accessible via the Service and decided upon unilaterally by PSAUX IT, in terms of feature upgrades and on the condition that such modifications or upgrades do not require rewriting of a substantial part of the existing standard application services. Updates include corrections to any anomalies in the Service. Updates are provided as part of the Support service.
Website: www.psauxit.com
2 Scope of application of the General Terms and Conditions of Sale
These General Terms and Conditions of Sale set out the technical, legal and financial terms and conditions subject to which PSAUX IT SAS provides its Customers with a plugin to the WORDPRESS Content Management System via its website at www.psauxit.com.
3 Acceptance and enforceability of the General Terms and Conditions
The Customer represents that it has read, understood and accepted these General Terms and Conditions.
The Customer represents that it has the capacity to contract and that it holds the necessary authorization and powers to do so.
The Customer is regularly reminded of these General Terms and Conditions of Sale at the bottom of each page of each order. They are enforceable against all Customers.
Accordingly, every order placed via psauxit.com entails the Customer’s unconditional acceptance of the General Terms and Conditions of Sale.
The Customer is advised to save a copy of and/or print out these General Terms and Conditions of Sale. PSAUX IT may also send a copy of these General Terms and Conditions of Sale to any person so requesting.
PSAUX IT reserves the right to revise these General Terms and Conditions of Sale at any time. As far as possible, PSAUX IT shall notify revisions made to the General Terms and Conditions of Sale via an announcement on psauxit.com. Notwithstanding, PSAUX IT advises the Customer to consult the General Terms and Conditions of Sale regularly and before placing any further order.
Users may download or consult the revised General Terms and Conditions of Sale at: https://www.psauxit.com/terms-npp/.
Acceptance of these revised General Terms and Conditions of Sale is carried out via the process defined in the clause entitled “Acceptance and enforceability of the General Terms and Conditions of Sale”.
Use of the Application after the effective date of the revised General Terms and Conditions of Sale shall imply acceptance of the revised General Terms and Conditions of Sale. The revised General Terms and Conditions of Sale shall come into force as of their publication, unless it is specified that their effectiveness is deferred until a later date.
The version applicable to a given order shall be the version applicable on the date on which payment is confirmed.
Unless otherwise stated, the revised General Terms and Conditions of Sale shall cancel and supersede all interactions occurring between the Parties prior to the order.
Exceptions to these General Terms and Conditions of Sale shall only be enforceable against PSAUX IT if they have been duly agreed and recorded in a written document signed by PSAUX IT.
4 Ordering
4.1 Creating a Customer Account requires a login and password
To place an order, the Customer may create their personal Customer Account beforehand by following the instructions on the website.
The Customer can then log in to their Customer Account using their login and password.
The Customer is solely liable for all use that is made of their login and password. The Customer is solely liable for keeping their login and password confidential. Accordingly, PSAUX IT shall on no account be held liable for any loss or damage arising from use by an unauthorized third party.
4.2 Placing an order
To place an order, the Customer must follow the steps described below:
- Go to the Website;
- Follow the instructions on the Website and connect with a login and password if already registered;
- Select the required Product;
- Check the order summary and correct any errors;
- Enter the promotional code, if any;
- Select the required payment method;
- Accept these General Terms and Conditions;
- Confirm the order and the total price excluding VAT;
- Complete the payment procedure.
PSAUX IT reserves the right to cancel the order in the event of error or omission in entering the required fields.
4.3 Order confirmation
The Customer receives an order confirmation email including a summary of the order. The order is not firm and final until PSAUX IT sends this email confirmation. PSAUX IT advises the Customer to save a copy of or print out the email confirmation of the order.
5 Products and Services
5.1 Product and Service Factsheets
The basic features of each Product offered via the Website are set out in a corresponding factsheet, which may be viewed on said Website, in accordance with Article L111-1 of the Turkish Consumer Code.
5.2 Specific features of Products and Services
5.2.1 License for use of the plugin
The product granted by PSAUX IT is a GPLv2 or later license for use of the NPP plugin.
There is a range of services offered:
- Integration X1: NPP plugin linux server integration for one website;
- Integration X3: NPP plugin linux server integration for three website;
- Integration X5: NPP plugin linux server integration for five website;
We strive to provide high-quality and efficient service for all our clients. For our NPP plugin Linux integration service, the maximum completion time is 15 days from the date of order confirmation. This timeline ensures thorough attention to detail and allows for any necessary adjustments to deliver optimal results. Should there be any unforeseen delays, we will communicate promptly and provide a revised completion date.
5.2.2 Support and update service
Purchase of a NPP plugin license comes with a one-year support and update service effective from the order date.
The IT support service applies only to use of the License it is sold with.
Updates are installed on PSAUX IT’s recommendation. PSAUX IT is not responsible for the actual installation of updates on the Customer’s hardware or for any technical consequences arising.
6 Receipt of Products – Non-receipt – Complaints
6.1 Receipt of Products
Receipt of the Products is complete once the Customer activates the download link.
6.2 Non-receipt
If the Customer fails to receive the activation key for the NPP License, PSAUX IT will cancel the code that has been transferred. A new activation code for the License will be generated and sent via email to the Customer.
6.3 Complaints
The Customer is prompted to supply a valid email address in order to receive the API activation key.
Before making a complaint, Customers are advised to check their Spam folder for the email containing the activation key.
In the event that, after the required checks have been performed, the delivery email was not received, the Customer is advised to send their comments by email to: support@psauxit.com with their order number as stated in the confirmation email.
7 Customer’s cooperation and obligations
The Customer shall see that its hardware and systems comply with the Technical Requirements for use of the Product. The Customer shall install the updates recommended by PSAUX IT for the use of the NPP plugin.
The Customer shall provide all items and information necessary or useful for the purpose of making improvements to the plugin, in particular by submitting a support ticket whenever a malfunction is identified in the plugin.
The Customer agrees to cooperate with PSAUX IT for the provision of the support service. In this respect, the Customer agrees to provide PSAUX IT with their login or access code to the WORDPRESS Content Management System or to perform the operations recommended by PSAUX IT in order to deal with any malfunctions identified by the Customer.
8 PSAUX IT’s obligations
PSAUX IT is only subject to a best efforts obligation.
PSAUX IT agrees to use its best efforts to ensure the proper delivery of the license for use of the NPP plugin.
PSAUX IT agrees to exercise all due care and diligence necessary in order to provide a quality IT support service in accordance with industry practice and the current state of science and technology.
PSAUX IT agrees to employ all means to ensure the ongoing availability, continuity and quality of the services provided for by the Agreement.
The Customer hereby acknowledges that fluctuations in bandwidth and contingencies related to Internet service providers and domain name registrars may interrupt access to the service offered by NPP, beyond PSAUX IT’s control.
9 Price and payment
9.1 Price
9.1.1 Pricing
The prices and technical specifications of the Products and Services offered by PSAUX IT may be viewed at www.psauxit.com.
Prices are shown in USD and include VAT.
The pricing communicated to the Customer is the pricing in force as of the date of payment of a Product or Service.
PSAUX IT reserves the right to revise its pricing at any time.
9.1.2 Promotional code
The Customer may use a promotional code to be entered when the order is placed. NB: only one promotional code is allowed per order.
9.2 Payment
Products remain the property of PSAUX IT until full payment is received.
Payment is due and payable upon placement of an order.
Customers pay by credit/debit card.
In Turkey, the legal framework governing payment undertakings through credit/debit cards is primarily regulated under the “Regulation on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions” (Ödeme ve Menkul Kıymet Mutabakat Sistemleri, Ödeme Hizmetleri ve Elektronik Para Kuruluşları Hakkında Yönetmelik).
For this purpose, the Customer confirms that they are the holder of the credit/debit card to be debited and that the name shown on the card is the Customer’s own name. The Customer shall provide the card number and expiry date and, if required, the card security code (CSC).
The payment will be immediately debited from the customer’s account and will be held in escrow by the payment gateway provider PAYTR for 15 days for customer security. The payment will be transferred to the PSAUX IT account by the payment gateway provider after 15 days.
The Customer agrees to receive only digital invoices.
10 Cancellation
Customers that have stated their intention of downloading the Product before expiry of the 14-day cooling-off period and that have expressly waived the right to cancel their order shall not be entitled to cancel.
In this case, the following message appears before the Customer starts downloading:
“By downloading, I wish to have immediate access to the downloaded content and, accordingly, I waive my right to cancel my order.”
Customers who have made payment but have not initiated the download of the plugin within the 14-day period are eligible for a refund upon cancellation. However, once the plugin has been downloaded after payment, refunds will not be issued.
11 Termination
If either of the Parties breaches any of its contractual obligations, the other Party may automatically terminate the Agreement, without incurring any liability as a result, fifteen (15) business days after serving formal notice by registered mail with return receipt requested, to which no response has been provided although the breach could have been rectified.
12 Warranty – Warranty disclaimer
Where the Customer is a consumer, they shall benefit from statutory warranty regarding hidden defects provided by Turkish law, including provisions set forth in Law 7223 concerning product safety and technical regulations.
Under Law 7223, sellers are obliged to deliver products conforming to the agreement and are liable for non-conformities existing upon delivery, as well as those resulting from packaging, assembly instructions, or installation, where the seller is responsible for installation.
Additionally, Law 7223 mandates that products must meet safety standards and undergo certification before being placed on the market. It also introduces measures such as mandatory product recalls for unsafe products and establishes a specific regime of product liability.
Article 6 of Law 7223 recognizes the non-contractual liability of producers and importers for damages caused by defective products, providing consumers with avenues for legal recourse in case of harm caused by product defects.
Furthermore, claims related to product liability are governed by tort law and contract law provisions under the Turkish Code of Obligations 6098 (TCO) and the Consumer Protection Law 6502.
It is important to note that legal action arising from non-conformities is subject to a three-year limitation period under Law 7223, instead of the usual two years under other applicable laws.
In addition to the statutory warranty regarding hidden defects provided by Turkish law, consumers are also protected by the provisions of Law No. 6563 on the Regulation of Electronic Commerce, which ensures the safety and quality standards of products sold online. This law mandates that sellers must comply with product safety regulations and technical standards, undergo certification processes, and establish mechanisms for addressing consumer grievances. Furthermore, it introduces measures to prevent unfair commercial practices and enhance consumer rights in electronic commerce transactions.
In summary, consumers are protected by comprehensive legislation governing product safety and liability, ensuring that they can seek redress in case of harm caused by defective products, while sellers and producers are held accountable for ensuring the safety and conformity of the products they place on the market.
12.1 Claims under the warranty
The warranty provided by PSAUX IT is limited to refunding non-conforming Products or Products containing a latent defect.
In order to file a claim, the Customer must report the existence of a defect or non-conformity within fourteen days of making the purchase.
More details: https://psauxit.com/refund-policy/
12.2 Warranty disclaimer
The Customer is solely liable for the choice, storage and use of the Products.
No claim may be made under the warranty in the event of misuse.
13 Liability
PSAUX IT assumes an overall best-efforts obligation vis-à-vis the Customer, whereby it agrees to use its best efforts in performing the Service provided for herein.
PSAUX IT shall not be held liable for damage resulting from use of the plugin by the Customer after the end of a period of 365 (three hundred sixty-five) calendar days following the order.
PSAUX IT shall not be held liable for repairing damage arising from the use of Internet such as data loss, intrusion, viral attack, loss of connection and any other incidents unrelated to the subject matter of the Service.
PSAUX IT shall not be held liable for any incidental damage, including financial loss, in particular loss of profits, unless such damage results from negligence or willful misconduct on the part of PSAUX IT.
PSAUX IT shall not be held liable for malfunctions identified by the Customer during the use of the plugin license, if the Customer has not executed the updates recommended by PSAUX IT or has not performed the operations recommended by PSAUX IT following identification of a malfunction by the Customer during the performance of the Agreement.
PSAUX IT shall not be held liable for business interruption caused by the performance of its support and update service, unless such damage results from negligence or willful misconduct on the part of PSAUX IT.
In any event, PSAUX IT’s liability shall be limited to payment of damages not exceeding the amount paid by the Customer when placing the order.
14 Force majeure
Neither of the Parties shall be held liable for delay, non-performance or any other breach of its obligations relating to the Order and/or the warranty where such occurrence is due to force majeure or unforeseeable circumstances.
Besides the instances of force majeure and unforeseeable circumstances generally recognized by the Turkish courts, force majeure and unforeseen circumstances shall also include total or partial strikes, whether internal or external to the company, lockouts, adverse weather conditions, interruption of transport facilities or supply chain for any reason whatsoever, earthquakes and seismic waves, fire, storms, floods, damage caused by water, statutory or governmental restrictions, statutory or regulatory changes in forms of marketing, computer breakdowns, interruption of telecommunications services including cable or mobile (GSM, GPRS, 3G, 4G, etc.) telephone networks or any other cases outside the express will of the Parties that prevent the performance hereof under normal and/or reasonable conditions.
Initially, the force majeure event or unforeseeable circumstance shall have the effect of suspending performance hereof.
If the force majeure event or unforeseeable circumstance lasts for more than three (3) months and unless the Parties agree otherwise, these General Terms and Conditions of Sale shall be terminated automatically, without the need to seek a court ruling, serve formal notice or provide prior notice.
In such event, the Parties shall not be held liable for the total or partial non-performance of their obligations hereunder.
15 Severability
If any provision of the General Terms and Conditions of Sale is declared to be invalid on grounds of nullity, voidness, lack of binding effect or unenforceability in application of a law, regulation or final ruling handed down by a court with jurisdiction, this shall not entail the nullity, voidness, lack of binding effect or unenforceability of the remaining provisions of said General Terms and Conditions of Sale and shall have no effect on the remaining contractual provisions, which shall retain their full effect, force and scope with regard to all of the contracting Parties.
In such event, the Parties may agree to replace or amend the invalid provision(s).
16 Probative documents
The online entering of a credit/debit card number and confirmation of the order by the Customer shall constitute proof of the order and shall render the corresponding payment due and payable.
The following may also constitute legal proof of communications: the order, the Customer’s payment and all documents generated from records of purchase orders and invoices in PSAUX IT’s computer systems.
17 Personal Data
Personal Data means data provided by the Customer enabling the Customer to be directly or indirectly identified, as defined by the Turkish Law on the Protection of Personal Data (Kişisel Verilerin Korunması Kanunu) enacted on April 7, 2016, and entered into force on April 7, 2018.
The Personal Data that the Customer is required to provide will be processed in accordance with the Turkish Law on the Protection of Personal Data and its related regulations, and will be stored for three years after the end of the commercial relationship.
A declaration has been made to the Turkish Data Protection Authority (KVKK) regarding the processing of the Personal Data collected via the Website.
Personal Data collected via the Website is hosted by hetzner.com, Hetzner Online GmbH Industriestr. 25 91710 Gunzenhausen Germany
17.1 Purpose of processing
The Data provided when a Customer logs in or purchases a Product is processed for the following purposes:
- Access to Products;
- Preparation of invoices;
- Circulation of newsletter, if applicable;
- Compilation of statistics on the use of the Website;
- Improvement of marketing and promotion initiatives, as well as Website content and offers;
- Receipt of customized offers.
17.2 Recipients of Personal Data
PSAUX IT agrees to take all useful precautions and implement all appropriate organizational and technical measures to maintain the security, integrity and confidentiality of Personal Data and, in particular, to prevent such data from being altered, damaged or accessed by unauthorized third parties.
17.3 Personal Data provided to government agencies and bodies
Pursuant to applicable regulations, Personal Data may be provided to the relevant authorities on request, including government bodies, solely in order to comply with legal obligations, court officers, ministerial officials and debt collection agencies.
17.4 Personal Data provided to third parties
PSAUX IT agrees not to sell or transfer Personal Data that has been collected to third parties.
17.5 Customer’s right to oppose, correct and delete Personal Data
Pursuant to the Turkish Data Protection Authority (KVKK), as amended, Customers have the right to access, challenge, modify, correct and delete their Personal Data.
Customers also have the right to oppose the processing of their Personal Data, provided they have legitimate reasons to do so, as well as the right to oppose the use of such data for the purposes of sales prospecting.
This assurance does not apply to processing for statistical purposes where the data is processed globally and anonymously.
Customers may exercise their rights by sending an email to PSAUX IT via the “Contact” page or by mail to:
Feyzullah Mah, Özgür Sk, No:2
Istanbul, Maltepe Turkey 34843
18 Cookies
Information on the Customer’s browsing on the Website is stored by cookies.
Pursuant to applicable regulations, this information may be stored for a period of up to 13 months.
Cookies do not allow the Customer to be identified.
The Customer may oppose the recording of cookies and disable them in its web browser settings, on the understanding that this may restrict their use of the Website.
19 Intellectual property
The content of the website created by PSAUX IT is the exclusive property of PSAUX IT, which is the holder of all the related intellectual property rights.
The Customer agrees not to copy, reproduce or download all or part of its content, without written and express prior authorization from PSAUX IT.
Any full or partial copy, reproduction or download of website content created by PSAUX IT is liable to constitute an infringement.
The Customer agrees not to copy, reproduce or attempt to reproduce the plugin offered by PSAUX IT.
NPP’s granting of a License for use shall not entail the transfer of intellectual property rights in the Product.
Any Product for which a License is granted remains the property of NPP. Accordingly, pursuant to the Agreement, the Customer only acquires from NPP a non-exclusive, non-transferable personal right to use the Products featured in the online order.
20 Mediation
In accordance with Law 6502 on Consumer Protection in Turkey, in the event of a dispute, the Customer is entitled to utilize the mediation service provided by authorized institutions. PSAUX IT hereby informs the Customer of the availability of mediation services under this law.
The Customer may select a mediator from the list of registered mediators provided by authorized institutions. This list comprises professionals qualified to mediate disputes and is accessible through the relevant institution’s website.
Additionally, in accordance with Article 68 of Law 6502, PSAUX IT informs the Customer about the online platform established by the Ministry of Trade for the resolution of consumer disputes arising from online purchases. The platform allows consumers to submit complaints and facilitates communication with relevant authorities.
21 Governing law and jurisdiction
All disagreements and disputes regarding the validity, interpretation, performance, consequences and implications of these General Terms and Conditions of Sale shall be governed by Turkish law.
All disputes relating to the formation, interpretation, validity, performance or termination of the contractual relations established between a trader Customer and PSAUX IT, as well as all disputes regarding either Party’s liability in tort, shall be referred to the courts of Istanbul.
All disputes relating to the formation, interpretation, validity, performance or termination of the contractual relations established between a non-trader Customer and PSAUX IT, as well as all disputes regarding either Party’s liability in tort, shall be referred in accordance with the provisions of ordinary law regarding the assignment of jurisdiction. A