Distance Sales Agreement
Prepared under Law No. 6502 on Consumer Protection
Parties
Subject of the Agreement
The subject of this Agreement is the determination of the rights and obligations of the parties in relation to the sale and delivery of the service — whose characteristics and sale price are specified below — that the BUYER orders electronically from the SELLER's www.fitxdiet.com website and/or mobile applications, in accordance with Law No. 6502 on Consumer Protection and the provisions of the Regulation on Distance Contracts.
Services Subject to Sale
Live Lesson (Add-on Service)
The BUYER may, during the purchase of a package or later while the program is active, as an add-on, 1, 4, or 8 lessons separately purchase live lesson rights with such capacity. A live lesson is, between the BUYER and the Service Provider (Trainer), a 45-minute one-on-one, audio and video online meeting service.
- Meetings are conducted end-to-end encrypted over a third-party real-time communication infrastructure (Agora.io).
- By FitXDiet and the video/audio transmission infrastructure, no recording is made and no video/audio content is stored.
- Purchased live lesson rights can only be used with that specific Trainer; they cannot be transferred to another trainer.
- Live lesson rights are valid throughout the validity period of the program to which they belong.
Service Details and Price
| Info | Description |
|---|---|
| Service Name | [Name of the purchased package] |
| Service Provider | [Personal Trainer name] |
| Package Contents | [Determined according to package contents] |
| Validity | Valid until the program is delivered |
| Unit Price (VAT Included) | [Price at the time of purchase] |
| Total Amount | [Total payment amount including VAT] |
Payment Methods
Payments are made securely through payment institutions licensed under Law No. 6493 (PayTR, İyzico, etc.).
Performance and Delivery of the Service
Instant Access
After payment is confirmed, instant access to the purchased services is provided through the Platform.
Messaging System
You can communicate with your expert through in-platform messaging and manage your service process.
Digital Delivery
Exercise programs, nutrition guides, and content are provided digitally through the Platform.
Delivery Terms:
- Services are provided in a completely digital environment.
- No physical product delivery is made.
- Services are provided within the working hours determined by the Service Provider.
- The BUYER follows the service process by communicating with their expert through messaging.
Right of Withdrawal
30-Day Right of Withdrawal
The BUYER may, from the date of purchase, within 30 (thirty) days , exercise the right of withdrawal without giving any reason and without paying any penalty. FitXDiet offers a withdrawal period longer than the legally required minimum.
For the Right of Withdrawal to Be Exercised:
The service must not have been used at all (the personal information form must not have been filled out and the program must not have been delivered)
The withdrawal request must be submitted in writing (via e-mail or the "Cancel Program" button on the platform)
The 30-day period not having been exceeded is required
Situations Where the Right of Withdrawal Cannot Be Exercised:
The right of withdrawal cannot be exercised in the following cases:
- After the personal information form is filled out and submitted, the expert begins preparing the program; after the program is delivered , the service is deemed used and no refund is made.
- From the date of purchase, after 30 days have passed , even if the personal information form has not been filled out and the program has not been delivered, the right of withdrawal expires. After this period, the expert is entitled to request payment.
- If the expert requests payment and the payment process is initiated, the right of withdrawal cannot be exercised.
- The personalized programs having been delivered in such cases
- Live Lesson Rights: If the BUYER has one or more live lessons linked to this program completed (a session held with the Trainer and given the "Completed" status), the program cannot be canceled; therefore, the right of withdrawal regarding the program fee also cannot be exercised. This restriction is assessed under Article 15(1)/(g) of the Regulation on Distance Contracts, since performance of the service has begun on a personalized basis.
Withdrawal and Refund Regarding Live Lesson Rights
- Refund of Unused Live Lesson Rights: If the BUYER has not yet completed any live lesson, when they cancel the program, the fee for the live lesson rights is refunded together with the program fee within the legal periods. Active (scheduled / requested / started) sessions are automatically canceled.
- In Case of a Completed Live Lesson: If at least one live lesson has entered the "Completed" status, no refund request regarding the program and live lesson fees is accepted, since performance of the service has begun on a personalized basis.
- Refund of Standalone Unused Live Lesson Rights: For unused live lesson rights purchased independently of a program, if an application is made within 14 days of the purchase date, the unused rights are included in the refund scope. Refunds requested via messaging are finalized within 14 days.
Right of Withdrawal Application
To exercise your right of withdrawal, you can use the "Cancel Program" button on the platform or send a written notification to the e-mail address below:
info@fitxdiet.comFrom the date the notification is received, within 14 days , your payment will be refunded in full without any deduction.
Refund Conditions
Refund Period
After the withdrawal notification is received, within 14 days , the refund is made.
Refund Method
The payment is refunded using the same method used at the time of purchase.
Deduction
When the withdrawal conditions are met, a full refund is made.
Partial Refund Situations:
For package services, the remaining amount may be refunded after deducting the services already delivered. This is subject to the Service Provider's cancellation and refund policy.
Rights and Obligations of the Parties
The SELLER's Obligations
- To provide the service in accordance with the terms of the agreement
- To deliver the preliminary information form to the BUYER
- To ensure payment security
- To make the refund when the right of withdrawal is exercised
- To process personal data in compliance with the Personal Data Protection Law (KVKK)
- To exercise due care for the uninterrupted operation of the Platform
The BUYER's Obligations
- To provide accurate and up-to-date information
- To pay the service fee
- To comply with the Platform's terms of use
- To comply with the Platform's rules
- To not share the service content without permission
- To not copy the messaging content without permission
- To not record the live lesson session, take screenshots, or share it with third parties without the Trainer's explicit written consent
- To be ready at the scheduled time for the live lesson; to notify cancellation requests at least 12 hours before the lesson time
Special Rules Regarding Live Lessons
- Session Duration: Each live lesson is 45 minutes. When the time is up, the session ends automatically or by the mutual will of the parties.
- Scheduling: The meeting date/time is proposed by the BUYER; the Trainer approves it or proposes an alternative. After approval, both parties are deemed to be bound by the schedule.
- Cancellation Period: Cancellations made by the BUYER more than 12 hours before the lesson time do not result in loss of the right; in cases of cancellations made within 12 hours or non-attendance (no-show), the right may be deemed used.
- Trainer Cancellation: For lessons canceled by the Trainer or that cannot be performed, the BUYER's right is fully preserved; alternative dates are proposed.
- Technical Disruption: For lessons that cannot take place due to technical problems not attributable to the fault of the parties (internet outage, hardware failure, etc.), the right is preserved.
- Recording Prohibition: Meetings cannot be recorded by the parties. By the BUYER or the Trainer, without the other party's explicit written consent , making audio/video recordings, taking screenshots, screen recordings, or recordings via an external device gives rise to civil and criminal liability under Article 5 of the KVKK, Article 24 of the Turkish Civil Code, and Article 49 of the Turkish Code of Obligations.
- Professional Conduct: Both parties shall act in accordance with professional communication rules and mutual respect throughout the session. When behavior involving insults, harassment, discrimination, or illegal acts is detected, the Trainer or the SELLER reserves the right to unilaterally terminate the lesson.
- Health Declaration: The BUYER is obliged to inform the Trainer accurately and completely of their current health condition, injuries, medication use, etc. The SELLER cannot be held responsible for damages arising from the BUYER's incorrect or incomplete declaration.
- Scope: A live lesson does not replace medical diagnosis, treatment, or treatment advice. For serious health problems, a physician's opinion should be sought first.
Force Majeure
Extraordinary situations that occur beyond the parties' control and prevent the fulfillment of contractual obligations are considered force majeure:
Dispute Resolution
This Agreement is subject to the Republic of Türkiye 's laws.
In disputes, the Istanbul Central (Çağlayan) Courts and Enforcement Offices have jurisdiction.
Consumer Rights:
The BUYER may apply to the following authorities depending on the dispute amount:
- Consumer Arbitration Committee: For disputes below a certain monetary limit
- Consumer Court: For disputes above a certain monetary limit
Entry into Force
This Agreement enters into force at the moment it is electronically approved by the BUYER.
The Agreement consists of a total of 10 (ten) articles and is binding between the parties.
The BUYER declares, by giving approval electronically, that they have read this Agreement, understood its content, and accepted all its provisions.