Distance Sales Agreement and Preliminary Information Form

SECTION A – PRELIMINARY INFORMATION FORM

A.1. Seller / Intermediary Service Provider Information

Important distinction: ItemGold acts as the “Seller” for products sold on its own behalf, whereas for products offered by third-party Sellers it acts solely as an “Intermediary Service Provider.” In marketplace (Player Market) transactions, the agreement is concluded between the Buyer and the relevant Seller.

A.2. Essential Characteristics, Price and Payment of the Product/Service

1. The type, essential characteristics, quantity and sale price of the product or service subject to the Agreement are specified on the relevant product/listing page and in the order summary. The total price inclusive of all taxes, together with any additional charges (service/transaction fees, etc.), is displayed to the Buyer during the ordering process.
2. Prices remain valid until the end of the relevant promotion or until stocks are depleted. In the event of obvious pricing errors resulting from system or clerical errors, the Platform reserves the right to cancel the order; in such case, any amount collected shall be refunded.
3. Payments are made exclusively through the Platform and via third-party payment/financial institutions contracted by the Platform (e.g. PayTR and other licensed payment institutions that may be designated by the Platform). Credit card information is neither viewed nor stored by the Platform; payment authorization and risk assessment procedures are the responsibility of the relevant payment institution.
4. Mobile phone verification is mandatory prior to making a purchase. In the case of suspicious transactions, the Platform may request identity and/or card verification or may refund the transaction.

A.3. Delivery

1. Digital products (E-Pins, codes, in-game currency/items, etc.) are delivered electronically, either immediately following payment confirmation or within the period specified in the listing/product page. Delivery may be carried out through the account panel, email, or an in-Platform delivery area.
2. In marketplace transactions, delivery is made by the Seller through the Platform within the period stated in the relevant listing; the payment amount is held by the Platform during the blocking/escrow period.
3. The Buyer is responsible for the accuracy of the information entered during the order process (game username/ID, email address, etc.). The Platform shall not be liable for delivery failures resulting from incorrect or incomplete information.

A.4. Right of Withdrawal and Exceptions

1. Cases where no right of withdrawal exists. The following products/services are excluded from the right of withdrawal pursuant to Article 15 of the Regulation on Distance Contracts:
2. (i) services performed instantly in an electronic environment and intangible goods delivered instantly (E-Pins, digital codes, in-game currency/items, digital licenses, etc.);
3. (ii) services whose performance has commenced before the expiry of the withdrawal period with the consumer’s consent;
4. (iii) copyable software/programs and digital content whose protective elements have been opened;
5. (iv) personalized products prepared in accordance with the consumer’s requests or personal needs;
6. (v) products that are liable to deteriorate rapidly or expire.
7. The Buyer acknowledges that the right of withdrawal is lost once performance commences in relation to such products.
8. Cases where the right of withdrawal exists. For physical products delivered by cargo and not falling within the exceptions above, the Buyer has the right to withdraw from the agreement within 14 (fourteen) days from the delivery date without providing any reason and without incurring any penalty. Notices of withdrawal may be submitted to the following address: Güzeloba Mah. Rauf Denktaş Cad. No:57/B Daire:1, 07230 Muratpaşa/Antalya, Türkiye, or via email at support@itemgold.com. In the event of withdrawal, the product must be returned complete and unused; return costs and conditions are governed by the Cancellation and Refund Policy.
9. Intermediated transactions. In purchases of physical products subject to the right of withdrawal from third-party Sellers through the marketplace, where the withdrawal notice reaches the Seller, the Platform shall also be informed and shall provide the necessary guidance in its capacity as intermediary.

A.5. Complaints and Dispute Resolution

The Buyer may submit requests and complaints through the Platform’s live support/ticket system. Buyers qualifying as consumers may refer disputes to Consumer Arbitration Committees and Consumer Courts. The monetary thresholds shall be determined in accordance with the official tariff updated annually.

SECTION B – DISTANCE SALES AGREEMENT

ARTICLE 1 – PARTIES

1.1.

This Distance Sales Agreement (“Agreement”) is concluded between the “Buyer,” who purchases products/services through the Platform, and the “Seller,” who offers the relevant product for sale, within the electronic commerce environment provided by ItemGold as the Intermediary Service Provider. For products offered for sale by ItemGold on its own behalf, ItemGold shall have the status of Seller.

1.2.

The current identity and contact details of the parties are set forth in the Preliminary Information Form and the order summary.

ARTICLE 2 – SUBJECT MATTER

2.1.

The subject matter of this Agreement is the sale and delivery of the product/service ordered electronically by the Buyer through the Platform, the characteristics and sale price of which are specified in the order summary, as well as the determination of the parties’ rights and obligations under Consumer Protection Law No. 6502 and the Regulation on Distance Contracts.

ARTICLE 3 – PRODUCT/SERVICE SUBJECT TO THE AGREEMENT AND PRICE

1. The type, quantity, essential characteristics and total sale price inclusive of all taxes of the product/service are displayed in the order summary and constitute an integral part of this Agreement.
2. Any delivery/transaction costs shall be separately indicated during the ordering process; the Buyer may not be held liable for any additional charges that were not disclosed.
3. By confirming the order, the Buyer shall be deemed to have confirmed the essential characteristics, sale price, and payment/delivery conditions of the product/service.

ARTICLE 4 – PAYMENT

1. Payment shall be made through the Platform via third-party payment/financial institutions by credit card, debit card, bank transfer/EFT, or Platform balance. Credit card information is neither viewed nor stored by the Platform.
2. The Platform shall not be liable for issues arising from incomplete or incorrect payment descriptions that result in the payment not being credited to the relevant account.
3. Bank commissions may be covered by the Platform at the time of payment; in the event of refunds, relevant deductions may be reflected to the Buyer. If the product/service cannot be delivered, the Platform may assume such refund-related deductions.
4. In suspicious transactions, the Platform may request identity/card verification, suspend the transaction, or cancel the order by refunding the payment.
5. Payment transactions carried out through ItemGold use up-to-date SSL/TLS certificates and encryption standards of at least 128 bits, to the extent supported by the technical infrastructure. Where supported by the payment method, additional security steps such as 3D Secure, bank verification, SMS/app approval, and similar authentication methods may be applied. Sensitive credit card and debit card information is not directly viewed or stored by ItemGold. Payment authorization and card security processes are carried out through the contracted payment service provider and/or the relevant bank infrastructure.

ARTICLE 5 – DELIVERY

1. Digital products and services shall be delivered electronically either immediately following payment confirmation or within the period stated in the relevant listing. Delivery may not exceed the maximum statutory period, which is generally 30 days.
2. Delivery may be evidenced by system records, delivery area/account panel records, and email notifications. The parties agree that such records constitute conclusive evidence pursuant to Article 193 of the Turkish Code of Civil Procedure (HMK).
3. The Platform shall not be liable for delivery failures caused by incorrect/incomplete information provided by the Buyer or by obstacles attributable to third-party game/service providers.

ARTICLE 6 – RIGHT OF WITHDRAWAL AND EXCEPTIONS

6.1.

Digital products and instantly performed services specified in Article A.4 of the Preliminary Information Form are excluded from the right of withdrawal pursuant to Article 15/1-(ğ) and the relevant provisions of the Regulation on Distance Contracts. The Buyer expressly acknowledges that the right of withdrawal cannot be exercised once performance/delivery of such products has commenced.

6.2.

For products subject to the right of withdrawal (physical products delivered by cargo), the Buyer may exercise the right of withdrawal within 14 days from delivery. In the event of withdrawal, the amount shall be refunded within 14 days following receipt of the withdrawal notice, using the Buyer’s original payment method. Refund items and deductions shall be subject to the Cancellation and Refund Policy.

6.3.

Since E-Pins and digital codes are generated specifically for the individual purchaser, they are strictly non-refundable pursuant to applicable legislation and this Agreement.

ARTICLE 7 – DEFECTIVE PERFORMANCE, MISREPRESENTED AND FAULTY PRODUCTS

1. Where a product is defective as a result of incorrect or incomplete information provided by the Platform/Seller, the product shall, at the Buyer’s request, be accepted for unconditional return and refunded or replaced with a non-defective equivalent. Any resulting price differences shall be borne by the Platform/Seller.
2. Where the Buyer purchases an incorrect product due to their own error despite adequate information being provided (wrong platform, wrong product, failure to sufficiently review the product), no refund shall be accepted if the product is personalized or digital in nature.
3. For digital products reported as faulty, the Platform shall contact authorized suppliers within 15 (fifteen) business days and conduct an investigation. If no user-related fault is identified, the product shall, at the Buyer’s choice, either be refunded or replaced with a new one.

ARTICLE 8 – BUYER’S REPRESENTATIONS AND OBLIGATIONS

The Buyer accepts, represents and undertakes that:

1. all information provided during the ordering process is accurate and up to date;
2. payment documents (bank receipts, slips, etc.) will be retained for a reasonable period and submitted upon request;
3. the Buyer is entering into the transaction with the knowledge that digital products, by their nature, are not subject to the right of withdrawal;
4. the Buyer will not rely on instructions to carry out transactions outside the Platform (by phone, email, direct bank transfer, etc.), and any risk arising from such transactions shall be borne by the Buyer.

ARTICLE 9 – STATUS AND LIMITATION OF LIABILITY OF THE INTERMEDIARY SERVICE PROVIDER

1. For products offered by third-party Sellers, ItemGold acts solely as an intermediary service provider within the scope of Law No. 6563 and is not obliged to investigate the legality of the content or products provided by the Seller. However, upon becoming aware of unlawful content, it shall take the necessary action within the period prescribed by applicable legislation.
2. In marketplace transactions, the agreement is concluded between the Buyer and the Seller; the Platform shall not be liable for issues arising in relation to the product/account after delivery. The Platform shall provide intermediary and support services on the basis of available evidence.
3. The Platform shall not be held liable for indirect damages arising from force majeure, system failures, third-party service interruptions, or errors attributable to the Buyer.

ARTICLE 10 – PERSONAL DATA AND INTELLECTUAL PROPERTY

10.1.

The Buyer’s personal data shall be processed in accordance with the Privacy Policy, the KVKK Information Notice, and the Cookie Policy.

10.2.

All intellectual and industrial property rights relating to content and materials available on the Platform belong to ItemGold or its licensors and may not be used without written permission.

ARTICLE 11 – FORCE MAJEURE

1. In circumstances beyond the reasonable control of the parties, including natural disasters, war, epidemics, strikes, infrastructure/internet/electricity outages, the affected party shall not be held liable for delayed, incomplete, or non-performance of its obligations.
2. In disputes falling outside force majeure and arising due to the fault of a third party, the Platform may be released from liability by proving that it exercised the necessary duty of care and establishing an exonerating defense.

ARTICLE 12 – DISPUTES, GOVERNING LAW AND JURISDICTION

1. In consumer transactions, Consumer Arbitration Committees and Consumer Courts shall have jurisdiction within the monetary thresholds announced by the Ministry of Trade.
2. For Buyers who do not qualify as consumers and for other disputes, general provisions shall apply, including, to the extent applicable, the Turkish Code of Obligations and the Turkish Commercial Code; the Courts and Enforcement Offices of Antalya shall have jurisdiction.

ARTICLE 13 – ENTRY INTO FORCE

This Agreement shall enter into force at the moment it is electronically approved by the Buyer (completion of the order). The Buyer declares that they have read and accepted this Agreement and the Preliminary Information Form and that they enter into the transaction with the knowledge that there is no right of withdrawal for digital products.