Distance Sales Agreement

Last updated: 15.02.2026 · Version: 1.0

This document summarises the legal framework of the distance sales relationship regarding paid subscriptions (WIN Premium) and in-app purchases offered through the WIN mobile application. Detailed payment, subscription, cancellation and refund conditions are set out in the Subscription and Purchase Terms; this page does not replace that text, it complements it, and may be used where reference to a distance sales agreement is required by legislation.

1. Parties

Supplier (Seller): WIN TECH Bilişim Organizasyon ve Ticaret A.Ş. (Trade Registry No: 1128235, MERSIS No: 0811159971200001). Address: Acıbadem Mah. Asafbey Sk. İmer Apt. No: 7 A, Kadıköy / İstanbul. Tax office: Kadıköy Tax Office — Tax identification number: 8111599712. Contact: support@whoisnextapp.com. In accordance with Article 4 of the Distance Contracts Regulation, supplier means the natural or legal person supplying services to the consumer for commercial or professional purposes.

Consumer (Buyer): A natural or legal person acting for purposes other than commercial or professional purposes (Law No. 6502 and Article 4 of the Distance Contracts Regulation).

Because the purchase is made through the Apple App Store or Google Play Store, the payment infrastructure operates through those stores; the service relationship between the supplier and the consumer is established between WIN and the user. This framework is consistent with ETK and Law No. 6502.

2. Definitions

In accordance with Article 4 of the Distance Contracts Regulation, in this agreement:

Definitions of subscription, package, billing period and store are set out in Section 2 of the Subscription and Purchase Terms.

3. Subject Matter and Scope of the Agreement

The subject matter of the agreement is the digital service offered through the WIN mobile application. The main example is the WIN Premium subscription (weekly/monthly packages). If one-off purchases or virtual items are offered in the future, they are assessed under the same distance sales regime.

This agreement does not apply to transaction types excluded from scope under Article 2 of the Distance Contracts Regulation (financial services, sales through automatic machines, real estate/housing rental, package tours, etc.); WIN’s digital subscription and in-app services are not excluded from that scope.

The essential characteristics of the service, price, billing period, renewal and cancellation procedure are set out in detail in Sections 2, 3, 4, 5, 7 and 8 of the Subscription and Purchase Terms; the purchase steps and payment obligation warning are in Section 4; invoices/receipts and purchase records are detailed in Section 4.3. Prices may vary according to market conditions; current prices are the amounts shown on in-app screens at the time of purchase. Purchase receipts issued by the Apple App Store / Google Play serve as the consumer’s legal invoice/receipt. Detailed information within the scope of Article 5 and Article 6(2) of the Distance Contracts Regulation is provided on the Pre-Information Form and on the purchase/payment screens.

4. Pre-Information and Payment Obligation Warning

Informing the consumer before the agreement is concluded or the consumer incurs a payment obligation is mandatory in accordance with Article 5, Article 6 (in particular Art. 6(2)) and Article 8 of the Distance Contracts Regulation. The consumer acknowledges that they have been informed in advance on the following:

• The essential characteristics of the service that is the subject of the agreement,
• The supplier’s title, contact details and MERSIS/tax identification number,
• The total price including taxes and the billing period,
• The conditions, period and procedure for exercising the right of withdrawal; cases where the right of withdrawal cannot be used,
• The possibility of applying to the Consumer Arbitration Committee and consumer courts in the event of a dispute.

This information is provided through the Pre-Information Form, the Subscription and Purchase Terms (in particular Section 4) and the purchase/store screens. Confirmation of pre-information is provided within the framework of Article 7 of the Regulation.

Payment obligation: The consumer’s clicking “Purchase”, “Subscribe” or a similar confirmation button constitutes a statement that the order gives rise to a payment obligation and that they accept that obligation (Regulation, Art. 8). Otherwise the consumer is not bound by the order.

5. Right of Withdrawal and Exceptions

General rule: In accordance with Article 9 of the Distance Contracts Regulation, the consumer has the right to withdraw from the agreement within fourteen days without giving any reason and without paying a penalty. For agreements concerning performance of a service, the withdrawal period begins on the day the agreement is concluded (Art. 9(2)).

Exceptions (digital service): In accordance with Article 15(1) of the Regulation, unless otherwise agreed by the parties, the consumer cannot exercise the right of withdrawal in the following cases:

• Article 15(1)(ğ): Agreements concerning services performed immediately in electronic form or intangible goods delivered immediately to the consumer.
• Article 15(1)(h): Agreements concerning services the performance of which has begun with the consumer’s consent before the end of the withdrawal period.

When WIN Premium is purchased, access usually begins immediately and/or performance has begun with the consumer’s consent, so these exceptions may apply. Where the consumer has not been informed as required regarding the right of withdrawal, the provisions on not being bound for fourteen days in accordance with Article 10 and (under certain conditions) a one-year period remain reserved.

Notice of withdrawal is sent to the supplier in writing or via a durable data medium (e-mail, etc.) before the withdrawal period expires, in accordance with Article 11 of the Regulation. The procedure for exercising the right of withdrawal, the supplier’s refund obligations (Art. 12) and the consumer’s obligations (Art. 13) are summarised in Section 9 of the Subscription and Purchase Terms; for transactions made through the store (Apple/Google), refund processes are subject to the relevant store procedures.

6. Defective Service (Law No. 6502)

Where the service provided is performed in a defective manner, the consumer’s optional remedies (re-performance, reduction, refund of price, etc.) under Law No. 6502 on Consumer Protection may arise. The scope and application of these rights are assessed according to the specific facts. Details are set out in Section 9.4 of the Subscription and Purchase Terms.

7. Dispute Resolution and Consumer Bodies

For a party acting in the capacity of consumer in accordance with Law No. 6502:

• The avenues of the Consumer Arbitration Committee and consumer courts remain reserved. For applications to the Consumer Arbitration Committee, the monetary limits announced each year by the Ministry of Trade apply.
• Provisions concerning the requirement to apply to a mediator before filing an action, in accordance with Article 73/A of the Law, apply.

For transactions exceeding the monetary limits or not qualifying as consumer transactions, the competent courts and enforcement offices are stated in Terms of Use Section 15. Dispute resolution and contact details are regulated in the same text (Sections 14, 15 and Contact). Subscription/payment support channels are stated in Section 13 of the Subscription and Purchase Terms.

8. Personal Data and Contact

Processing of personal data in purchase and subscription processes and use of your contact information are explained under:

• Privacy Policy and
• KVKK Privacy Notice

Because payment transactions are carried out through the Apple/Google store infrastructure, processing of your card/account information is largely a matter for the relevant stores and payment institutions; data processing on WIN’s side is summarised in these documents.

9. Notices and Evidence

Notices between the parties under this agreement are made in writing or via a durable data medium (e-mail, etc.) except where mandatory cases are prescribed by legislation. Notice of withdrawal may likewise be communicated to the supplier via durable data medium (Regulation, Art. 11).

In disputes that may arise from this agreement, the parties agree that the supplier’s commercial books, computer records and data kept in electronic form may be relied upon as binding, conclusive and exclusive evidence within the scope of Article 193 of Law No. 6100 on Civil Procedure. Provisions consistent with the Terms of Use remain reserved in this regard.

10. Force Majeure

The supplier cannot be held liable for delays or impossibility of performance arising from force majeure events such as natural disasters, war, riot, strike, epidemic disease, or communication or infrastructure failures. Where force majeure exceeds a certain period (e.g. fifteen days), the parties’ right to terminate the agreement remains reserved; in that case refund of amounts paid within the mandatory legislative framework may arise.

11. Legislative References

This text has been prepared taking into account the following legislative provisions:

• Law No. 6502 on Consumer Protection (definition of consumer, defective service, consumer bodies).
• Distance Contracts Regulation: Article 4 (definitions), Article 5 (pre-information), Article 6 (method of information, Art. 6(2)), Article 7 (confirmation of pre-information), Article 8 (payment obligation warning), Article 9 (right of withdrawal), Article 10 (incomplete information), Article 11 (notice of withdrawal), Article 12 (supplier’s obligations), Article 15 (exceptions to the right of withdrawal), Article 20 (retention and proof of information).
• Law No. 6563 on the Regulation of Electronic Commerce (ETK) (agreements and information in electronic form).
• Subscription Contracts Regulation (renewal, ease of cancellation; for details see Subscription and Purchase Terms, Section 7).

12. Duration, Termination and Entry into Force of the Agreement

This Distance Sales Agreement enters into force upon the consumer’s acceptance in electronic form (at the purchase/confirmation step). It ends with performance of the obligations between the parties; each purchase/subscription transaction is assessed within its own contractual framework. Subject to rights recognised by legislation, the parties may resort to legal remedies in the event of breach of the agreement.

The supplier has the right to update the terms of the agreement in line with legislative changes or operational requirements. Updates are published in the in-app “Legal” section and at whoisnextapp.com. This Distance Sales Agreement is in force from the date it is published.