Distance Sales and Services Agreement

Parties

Service provider and data controller: Esma Toker. Tax office: Ürgüp. Address: Evka Mah. 427 Sk. Seyir Evler Kon. Yapı Koop. B Blok No 8 İç Kapı No 1 Ürgüp / Nevşehir, Türkiye. Website: https://www.esmatoker.com. Email: esmaatoker@gmail.com. Telephone: +90 539 239 38 90. The buyer is the person placing an order through the website. The buyer’s identity, contact and order details are recorded in the order record.

Subject

This agreement governs the rights and obligations of the parties concerning training, coaching or digital books purchased through the website. Order-specific pre-contract information, the service or product description, and the buyer’s separate preference and consent records form part of the agreement. Mandatory consumer rights remain unaffected.

Order and price

The buyer’s chosen product or service, quantity and number of sessions, validity period, unit price, discounts, total price including taxes, any additional costs and payment method are presented in the order summary before payment. The payment currency and any applicable exchange-rate calculation method are disclosed before payment. The order summary approved by the buyer forms part of this agreement and is provided to the buyer on a durable medium. No undisclosed additional fee is charged. No physical product shipment is involved.

Single session and eight session package

One-to-one training services are intended for women. A single booking includes one session; a package includes eight sessions. Each session lasts 50–60 minutes, as disclosed before payment. The provider contacts the buyer within 24 hours after payment to schedule the appointment. There is no commitment to deliver the session within those same 24 hours. Online sessions take place by FaceTime or WhatsApp video call, as agreed by the parties. In-person sessions may be offered in Cappadocia or Koh Samui, subject to advance confirmation of the provider’s current location and availability. The venue and required equipment are determined before the order. The eight-session package is valid for one month from the purchase date; exact start and end dates appear in the order. Delays attributable to the provider do not cause the buyer to lose their session entitlement; an appropriate remedy or lawful solution is provided. A single session must be used within one month of purchase; the exact validity dates are shown in the order.

VIP Coaching

VIP Coaching is a one-month service, valid for one month from the purchase date. Start and end dates are shown in the order summary. The buyer is contacted within 24 hours after payment to schedule the goal-setting consultation. The service includes a goal-setting consultation, a personalised training programme, weekly reviews, and awareness and discipline support. The number and duration of any one-to-one sessions offered when needed, and whether they involve an additional charge, are disclosed before purchase. Unlimited meetings or continuous access are not promised. There is no automatic renewal or additional charge without a new purchase and explicit approval.

Digital book

The WHAT I EAT e-book is sent to the email address provided by the buyer within 24 hours after payment, in Turkish or English as selected during purchase. The content concerns Esma Toker’s personal eating experiences, shopping lists and recipes; it is not a personalised dietary, diagnostic or treatment service. If there is an incorrect email address, delivery error or unreadable file, the buyer may request support at esmaatoker@gmail.com. The provider ensures delivery and the file’s conformity with the agreement.

Appointments and technical requirements

The buyer provides a suitable connection, camera and audio facilities, a safe exercise space and any equipment specified in advance. Requests to cancel or reschedule a session must be communicated at least 12 hours before the agreed session time. A booking cancelled with less notice, or a booking the client does not attend, is counted as a used session under the appointment policy disclosed in advance. This policy does not remove the statutory right of withdrawal, rights arising from cancellations by the provider, or rights relating to defective services. Force majeure and justified reasons are assessed according to the circumstances; mandatory consumer protection provisions remain applicable. These rules are disclosed before payment. A replacement is arranged for a session cancelled by the provider or not delivered due to the provider’s technical fault; the buyer’s statutory refund and other rights remain unaffected.

Health and service limitations

The service is not medical diagnosis, treatment, physiotherapy or a dietitian service. If you have a health condition, are pregnant, have recently undergone surgery or have another condition affecting exercise, suitability should be assessed with an appropriate healthcare professional. Exercise should stop if pain, dizziness or similar symptoms occur. Specific weight loss, performance outcomes or recovery from injury are not guaranteed. These explanations do not exclude liability arising from the provider’s fault or mandatory legal provisions.

Right of withdrawal and exceptions

The buyer may withdraw within 14 days of the conclusion of the service agreement without giving a reason or paying a penalty. Notice may be sent by email to esmaatoker@gmail.com or in writing to the address above; a particular form is not mandatory. Separate consent is obtained from the buyer for services to start before the withdrawal period expires. Consent alone is not sufficient: the statutory service exception may apply once performance has actually begun. Without consent, services do not begin before the withdrawal period ends, and package dates are agreed with the buyer accordingly. Sending the e-book within 24 hours does not automatically constitute immediate delivery. Under this sales model, a 14-day right of withdrawal is granted for the e-book, starting when the agreement is concluded. No general rule that purchased services are non-refundable applies.

Refunds and impossibility of performance

Following a valid withdrawal notice, the amount collected is refunded within 14 days of receipt of the notice at the latest, using a method appropriate to the original payment instrument and without charges. If the provider learns that performance has become impossible, the statutory notification and refund obligations are fulfilled. The buyer’s statutory rights remain protected where services are not delivered or are defective. A withdrawal exception does not remove these rights.

Intellectual property

The e-book and personalised programmes are for personal use. They may not be reproduced, resold or shared publicly without the rights holder’s permission. Meetings and training footage are not recorded without disclosure of the recording purpose and legal conditions. Client testimonials and images are not published for advertising without separate permission.

Disputes and entry into force

The buyer may apply to Turkish consumer arbitration committees or consumer courts, subject to the dispute value and jurisdiction rules. Pre-litigation mediation provisions apply where required by law. Annual monetary thresholds are determined by the official rules for the relevant year. The agreement is concluded when the buyer reviews the pre-contract information and confirms the order knowing that it creates an obligation to pay. The pre-contract information and agreement, together with order details, are sent by email or another durable medium.