Store Contract
Store Contract
1. sides
1.1. This seller business partnership and announcement menasouqs.com ("Contract") is headquartered in Fethiye Mah. With the title of Turkish Vip Brands located at Nilüfer/BURSA sumka.com it is concluded between him and (the "Seller"). Dec.
1.2. menasouqs.com and the Seller will be referred to individually as the "Party" and jointly as the "Parties" in this Agreement.
2. PURPOSE AND SCOPE OF THE AGREEMENT
2.1. menasouqs.com , operates the online electronic commerce platform called Alan, mobile applications and mobile website, which brings together parties for the purpose of shopping on a virtual marketplace that accelerates communication and business processes between suppliers, intermediaries, service providers, manufacturers, consumers, institutions whose purpose is commercial or not, increases productivity, saves financial resources. Dec.Dec. menasouqs.com , is not a seller of any product or service contained on the website and is an intermediary service provider in accordance with the Law No. 6563 on the Regulation of Electronic Commerce.
2.2. In accordance with this Agreement, the Seller, menasouqs.com which is being managed by menasouqs.com to become a member of the electronic commerce platform named Alan and to make sales from the Virtual Store to be established on this platform, menasouqs.com on the other hand, the Seller wants to benefit from the electronic commerce platform services that the Seller owns in exchange for the commission that the Seller will pay to him.
2.3. The purpose of this Agreement, on the Website menasouqs.com or menasouqs.com the determination of the conditions related to the use of the Services offered by the business partner determined by the Sellers and the determination of the rights and obligations of the Parties in this direction constitute.
2.4. For the avoidance of doubt, this Agreement Decrees that it is between the Parties only, menasouqs.com it covers the forms and conditions for the Services provided by the Seller. The relationship between Sellers and Buyers does not fall within the scope of this Agreement; Dec. menasouqs.com in this commercial activity, it only grants the Seller the right to open a Virtual Store and publish ads in the area where this Virtual Store is located. The Seller will be personally responsible for the sales transactions that he will perform from the Virtual Store within the framework of other legislation, in particular the Law No. 6502 on Consumer Protection, against Buyers.
3. definitions
Receiver:
menasouqs.com it refers to a member who is a member of the Website within the scope of the Membership Agreement with it and purchases the products and/or services offered for sale through the ads provided by the Seller on the Website.
Service:
In order for Buyers and Sellers to perform the works and transactions defined in this Agreement and to publish their products / services menasouqs.com it refers to advertising, publishing and similar applications offered on the Website for a fee or free of charge.
User:
It refers to all natural and legal persons who have access to the website.
Virtual Store:
menasouqs.com On the website menasouqs.com refers to the virtual space allocated to Sellers in accordance with the procedures and rules and in which Sellers have the opportunity to publish their ads consisting of content and images for the sale of one or more products and/or services.
Seller:
menasouqs.com a legal entity / natural person who is a member of the Website within the scope of this Agreement with it and offers various products and/or services for sale through ads published through the account he created on the Website refers to a member.
Seller's Office:
The Seller's,menasouqs.com , refers to a private virtual page where he can perform the necessary operations to benefit from the applications and Services offered by him on the Website, enter the company/personal information requested from him, track sales transaction details, and access only with the username and password specified by the Seller.
Website:
Ownership menasouqs.com which belongs to and menasouqs.com the Services determined by this Agreement are provided on www.menasouqs.com it refers to the website with the domain name, mobile applications and the mobile site.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. In order to earn the title of “Seller”, the Seller must upload the scanned version of this Agreement to the Seller's Office in full and complete, if the signature circular, tax plate and commercial registration document of this agreement have been signed by the signature authority, and if this Agreement has been approved by the Seller in electronic form, this approved version and all documents in electronic form menasouqs.com it must be approved by. menasouqs.com , always reserves the right to request a set of documents Oct. in addition to these documents. Although these documents are submitted by the seller in full, menasouqs.com The right to reject the Seller's application without giving reasons and/or to request additional documents is reserved.Oct. The Seller whose application has been accepted will fill out the membership form on the Website in a complete and truthful manner. The Seller will be personally liable for all damages that may arise due to the provision of false information by the Seller that does not correspond to the truth during the application. The seller will notify the persons authorized to make transactions on behalf of his company in the relevant form during registration and all kinds of transactions that these persons will make menasouqs.com it will be accepted that it was made on behalf of the Seller.
4.2. Any changes that may occur in the documents and information that the Seller has provided, especially the information belonging to the Seller and his authorized representative, no later than Jul 15 (fifteen) days from the date of the change, menasouqs.com it is obliged to notify and update its registration in the system accordingly.
4.3. The Seller will create a username and password according to the rules and related business content announced on the Website while he/she is a member of the Website; He/she will use this information to access his/her Virtual Store, profile page and perform some other operations. The security and confidentiality of the Seller's password and username are entirely the Seller's responsibility, so he is personally and exclusively responsible for all transactions performed by logging in through his profile. Therefore, if the Seller suffers losses due to the use of the user name and password by others and/or the loss of this information, menasouqs.com he/she accepts, declares and undertakes in advance that he/she cannot hold the company responsible. On the contrary, due to the Seller's loss of information such as username and password and/or their use by others menasouqs.com if the seller suffers any damage, the Seller will cover this damage immediately in advance. In such a case, the Seller immediately menasouqs.com he will contact with. Also menasouqs.com If it has a suspicion that the account created for the Seller is being used by a third party and/or malicious software, it will be able to reset the account and/or block access by closing the account completely. In this case, a new account will be opened for the Seller.
4.4. The seller, in order to create the necessary technical infrastructure that will allow all kinds of advertisements and advertisements to be published on the Website menasouqs.com agrees and undertakes to be in full cooperation with Jul and to provide all kinds of documents necessary for this.
4.5. According to the Personal Data Protection Law No. 6698 Jul, the Seller is obliged to take all necessary technical and administrative measures to ensure the appropriate level of security in order to prevent the unlawful processing of personal data and unlawful access to personal data and to ensure the preservation of personal data, and is responsible for taking these measures. In addition, the Seller is personally responsible for the authenticity, reliability, accuracy and compliance with the law of all kinds of visual, written and other information and content provided for the ads published on the Website and in the Virtual Store. In October, the Seller agrees and undertakes not to use the Website on behalf of himself or a third party for the purpose of creating, checking, updating, modifying a database, registration or directory, accessing the personal information of other members and downloading it to another system. The Seller agrees that Article 7.5 of the Contract will be applied if he violates the provision of this article. Against third parties if all kinds of visual, written and other information and content provided for the ads published on the Seller's Website and in the Virtual Store violate the intellectual property rights of third parties, and menasouqs.com he is responsible to.
4.6. The seller, menasouqs.com accepts and undertakes that all the terms and conditions in the "Terms of Sale and Advertisement" determined by it are among the essential elements of the Agreement and that it operates and will demonstrate compliance with them.
4.7. The Seller will always continue to have the right to all kinds of ads, content and images that have been transmitted to the Website by him. However, the Seller does not allow the product and content in question to be used in screenshots and all kinds of images and content prepared for advertising and promotion (for example, the Virtual Store's www. menasouqs.com 21 of the Law on Intellectual and Artistic Works required for instant appearance in the advertising of the website and digital marketing activities). the “Right to Processing” regulated in Article 22. the “Right of Reproduction” specified in Article 23. the “Right of Dissemination” contained in Article 24. the “Right of Representation” regulated in Article 25 and. the “Right of Transmission to the Public by Means of Means Used for the Transmission of Signals and / or Images" contained in the article, all moral rights and all kinds of rights and powers subject to the circuit, all over the world and bilabedel without time and place restrictions sumka.com accepts, undertakes and declares that it allocates to third parties, including the transfer authority.
4.8. The Seller will not encourage Buyers who contact him through the Website to make purchases outside the Website and will also reject offers received to him in this direction. The seller, under no circumstances menasouqs.com he will not engage in behavior that manipulates campaigns and discounts.
4.9. menasouqs.com In order to help the seller to present its products in a more professional manner, it will be able to offer the seller the opportunity to use photo studio services in exchange for a fee. The provision of this service is completely menasouqs.com at his discretion. The seller; if he makes use of these studio services, in accordance with the procedure for the use of the studio menasouqs.com or information and documents that are likely to be requested by the relevant studio menasouqs.com or he will present it to the studio.
4.10. The Seller undertakes to act in accordance with the Pay Protection System. According to the Payment Protection System, the Seller pays for the product menasouqs.com he will send it to his own warehouses/delivery points specified by the and menasouqs.com after the inspection and control to be carried out by the specified condition of the product, number, quality, etc. if it is seen that it is, the product will be approved. After this approval, menasouqs.com the product price will be transferred to the Seller's account within 2 business days. The right to make changes to the pay terms exclusively and individually menasouqs.com changes that will occur at the initiative of the menasouqs.com it will be notified to the Seller by.
4.11. The Seller, throughout this Contract menasouqs.com that it will engage in commercial activities in accordance with the competition rules, avoid actions that will constitute unfair competition, avoid all kinds of activities that damage and damage the rights and brands of other Sellers, in no way disrupt public order, violate public morals, disturb and harass others, will not sell goods and products contrary to the law, otherwise menasouqs.com accepts and declares in advance that it is obliged to pay the penalty requirement of 10,000 TL (ten thousand Turkish Liras) per product whose violation is detected. If the products prohibited in this article and/or other articles of the Agreement have been purchased by the Buyer, the penalty condition price set out in this article will apply per product sold by the Seller.
4.12. All kinds of products ordered by the Seller, Buyer are of the same brand, color, size, quantity, weight, etc. together with the feri products (charger, accessories, user manual, etc.), the specifications are in accordance with the order content, of sufficient quality and are committed / stipulated in the legislation that they must be sent with it.) that it will deliver to the Buyer without any defects and/or deficiencies, legal situations that it must legally submit or provide to the Buyer (warranty, etc.) that he will provide it personally and that all kinds of opportunities will be created for the exercise of these rights, menasouqs.com that the un has no obligation to inspect the cargoes and their contents, the lack of order content, declares, accepts and undertakes that in the event of a defect and/or error, the Seller will be solely and exclusively responsible for it. The ordered product must be prepared in such a way as notified by the cargo company and packed with sufficient protection that it will reach the Buyer safely and must be delivered by the Seller to the relevant cargo company. If a change is requested by the Cargo Company in terms of packaging of the product, this change will be made immediately by the Seller. In addition, the Seller, in relation to the order, menasouqs.com October Dec / weight reported to a and the difference between the desi / weight of the cargo determined by the cargo company due to the additional charge requested by the cargo company in case of this fee, menasouqs.com it will be appealed to the Seller by the Seller and can be mashuped from the payments to be made to the Seller. In case of violation of the Seller in this way 3 times, the Seller, each subsequent time menasouqs.com pay October 3 October the amount of the additional fee applied to him by the cargo in addition to the amount of this additional fee will have to pay a penalty condition in the amount of 3 times this additional fee and menasouqs.com it will be mashup of the receivables within the structure.
4.13. The seller, menasouqs.com he is the primary authority over the products he will sell through the Industrial Property Law No. 6769 and other relevant legislation, these products menasouqs.com if there is a situation in which third parties do not have any say in selling through it and/or have no right to prevent other sales, this is on the contrary menasouqs.com it accepts and undertakes in advance that sales may be stopped upon the determination of this situation by.
4.14. The seller, menasouqs.com that it will fulfill all kinds of national and international legal obligations within the scope of the activities it will carry out through it, in this regard menasouqs.com that he is responsible to, and also that he is solely and individually responsible for the liability that occurs due to the non-fulfillment of these obligations, menasouqs.com accepts and assesses that the company does not have any supervisory obligations, and that it will be personally responsible for the consequences that will occur in this context. Due to legal obligations menasouqs.com in terms of the issues requested by the Seller, the Seller will primarily make a return and fulfill its obligations immediately. This period can be a maximum of 24 hours.
4.15. The Seller is the Buyer's menasouqs.com it agrees, declares and undertakes that it can use the right to withdraw the products it has received from the Buyer within 15 (fifteen) days from the date of delivery without citing any reason, in this context, the Buyer can return the product it has received without paying any fee, if the Buyer exercises this right, it can ship the product within 10 (ten) days, accept the refund, return the product price to the Buyer within 14 days after the product return declaration reaches it, accepts, declares and undertakes. Within the scope of this right of withdrawal, the shipping cost will be covered by the Seller. Contrary provisions are reserved in the legislation. In addition, it has been accepted in advance by the Seller that the rights granted to the Consumer within the framework of the Law No. 6502 on Consumer Protection and other relevant laws will also be provided to the Consumer.
4.16. The seller undertakes that he will not sell products that are prohibited for sale according to the legislation of the country where the sale will be made or according to the legal regulations of Turkey and that he will carry out activities in accordance with all legislation.
4.17. The seller, menasouqs.com 's name and title menasouqs.com he undertakes not to use it in any medium and place without the permission of . But menasouqs.com , May mention and use the Seller's trade name and products in different media and places.
4.18. menasouqs.com and the Buyer may cancel the order due to the Seller's failure to fulfill its obligations related to the order correctly and/or on time, but without being limited to these reasons. In this case, neither the Seller nor the Buyer can be held responsible by the Seller for the cancellation of the order.
4.19. The Seller must deliver the product ordered by the Buyer to the relevant cargo no later than 3 business days for shipment to the Buyer by fulfilling all the requirements. If the seller does not deliver the ordered product to the cargo as required during this period, menasouqs.com a penalty clause in the amount of 10% of the product price (this penalty clause will be at least 20 TL.) are obliged to pay. If the seller has a valid excuse, this excuse (such as handmade and custom-made products that take time to prepare) immediately menasouqs.com he will inform the. The authority to evaluate the validity of the excuse exclusively menasouqs.com it belongs to and menasouqs.com if the excuse is not deemed sufficient as a result of the evaluation to be made by the company, it may be decided to pay the penalty fee. In addition, if the Seller suffers loss and/or deprivation of profit due to cancellation of orders of other Sellers due to late delivery of the product after the period specified in this article, and /or for any other reason suffers loss and /or deprivation of profit, this loss and /or deprivation of profit may also be menasouqs.com he is obliged to compensate through.
5. menasouqs.com RIGHTS AND OBLIGATIONS
5.1. menasouqs.com Jul will store the personal and commercial information provided by the Seller during the membership process and throughout the membership in a secure environment. menasouqs.com , may use this information for the purpose of conducting the applications necessary for the full and proper operation of the Services, conducting statistical evaluations, advertising, marketing, advertising, creditworthiness inquiries and other purposes of its and its business partners' activities, applications, and may be disclosed to third parties, provided that it is limited to the specified reasons. In this sense, the Seller has his own information menasouqs.com it will consent to be used and stored by him in accordance with the provisions of this article.
5.2. menasouqs.com , has the title of intermediary and Intermediary Service Provider for the establishment of distance contracts within the scope of the Consumer Protection Law No. 6502 and the Electronic Commerce Regulation Law No. 6563. For this reason, also menasouqs.com , There is no obligation to check the contents published by the Seller on the Website. menasouqs.com , Although it is not obliged to check any kind of content, including messaging through the website, or investigate whether there is an illegal activity or situation related to this content and the product or service subject to this content, it has the right to check such content at any time and block access and delete it if it deems it necessary. menasouqs.com in addition, it will be able to take action on such content in order to fulfill the decision of any judicial authority, including the court and the arbitral tribunal, and limited to this scope.
5.3. menasouqs.com If the Seller determines that any content published on the Website is contrary to the applicable legislation, the right to immediately remove this content is always reserved. In such a case, the Seller is under whatever name menasouqs.com he cannot claim any compensation.
5.4. menasouqs.com if there is any damage/defect on the product delivered to the Buyer during the sales of electronic products through it, the payments made to the Seller related to the sale of this defective/damaged product and all expenses incurred will be claimed from the Seller and/or will be deducted from all payments to be made to the Seller in the future. In the event that defective/damaged products are mentioned again in this way in terms of sellers who sell electronic products menasouqs.com if he wishes, he can hold off paying for the Seller in question until the Buyer takes delivery of the product and determines that there is no defect / damage to the product. If it is determined that there is no damage/defect on the electronic product that reaches the Buyer, the payment will be paid to the Seller within 2 days. In terms of electronic devices menasouqs.com , is exclusively authorized about the time when payments will be made.
6. FINANCIAL CONSIDERATIONS
6.1. The Seller will be able to benefit from the Services depending on the condition that he performs the actions specified in this Agreement in full and as required, and will be entitled to a fee in exchange for the sales transactions that he will perform through the Website. Commission rates, pay terms and other financial conditions to be applied to the Seller menasouqs.com it will be applied as determined by. Making changes to these conditions and rates completely menasouqs.com it is under the exclusive jurisdiction of .
6.2. The seller is obliged to issue an invoice or retail sales receipt related to the product and service sold in accordance with Articles 230 of the Tax Procedure Law No. 213 and Article 8 of the Value Added Tax Law No. 3065. In this sense, the Seller agrees and undertakes to deliver the product and/or service sent to the Buyer by invoicing.
6.3. In accordance with Article 7.5 of this Agreement, menasouqs.com , may deduct any damages, losses, expenses, expenses or claims of third parties incurred by the Seller from the Seller's current account at its sole discretion or collect them from the Seller personally.
6.4. If the Seller violates the provisions of this agreement without good faith, has a criminal activity in question and/or knowingly and willingly seriously violates the rights of third parties, the Seller, menasouqs.com he is obliged to pay a 10.000 TL (ten thousand Turkish Liras) criminal requirement.
6.5. menasouqs.com , all kinds of campaigns, discounts and gift vouchers, etc. at any time, provided that they bear the cost. As it can regulate applications, the Seller's approval will not be required in this regard. The seller and menasouqs.com , special campaign, discount and gift voucher in case of agreements, etc. Applications can be arranged, but this campaign, discounts and gift vouchers, etc., are applied as a result of the agreement. the Seller will be charged for their costs.
7. DURATION, TERMINATION AND COMPENSATION OF THE CONTRACT
7.1. This Agreement will enter into force by signing a wet signature on the stamp or being approved electronically by the Seller and is valid for an indefinite period from the date of entry into force.
7.2. The Seller may terminate this Agreement at any time without any reason and without being under the obligation to pay compensation, provided that he gives written notice 1 month in advance. menasouqs.com on the other hand, with the notification that he will make without the need for prior notification (other notification that he will make via e-mail and/or system is valid.) May terminate the Contract immediately without compensation and without penalty. The Contract menasouqs.com in case of such termination by the Seller, until the date of termination menasouqs.com agrees and undertakes to pay the costs related to the service provided by it. This termination will only affect the relationship of the Parties; all responsibilities that may exist against Buyers for sales made through the Seller's Virtual Store will continue.
7.3. In case one of the Parties becomes bankrupt, requests postponement of bankruptcy, becomes incapacitated, offers concordat, appoints trustee, enters liquidation or a termination case is filed against, the Contract will terminate spontaneously.
7.4. The Parties to this Agreement and menasouqs.com that each of the terms and conditions contained on the site are based and in case of violation of these terms and conditions menasouqs.com He accepts that he has the right to terminate the Agreement immediately. Besides these menasouqs.com Even if he does not exercise the right to terminate the Agreement, in the event of such contravention, menasouqs.com It will always have the right to temporarily stop and suspend the Services. In these cases, the Seller will continue to have all kinds of responsibilities towards the Buyer.
7.5. The Seller violates one of the provisions of this Agreement or does not comply with the sales rules announced at the Seller's Office or does not fulfill the legal obligations that must be complied with, due to the Seller's violation of one of the provisions of this Agreement menasouqs.com all kinds of legal /administrative/criminal damages, losses, expenses, expenses and claims of third parties that he has suffered directly or indirectly menasouqs.com it is obliged to compensate completely and immediately, without having to apply to any authority and upon its first request. In order not to leave room for doubt, menasouqs.com exercise the right in question sumka.com It is independent of whether or not to terminate the Contract, and menasouqs.com He is entitled to such compensation without terminating the contract.
7.6. The seller, menasouqs.com if any legal proceedings are initiated against him, including a lawsuit, consumer complaint, prosecutor's investigation and enforcement proceedings, or if any information or documents are requested from banks, ministries, judicial or administrative authorities, police departments and all other private or public organizations menasouqs.com he will immediately provide Jul with all the information and documents necessary to defend himself or to provide the requested information or documents. By the seller, within the requested period menasouqs.com any damages, sanctions and/or penalties that may arise due to information and documents that are not provided will be reflected to the Seller Jul. In addition, these amounts may be collected from all stores owned by the Seller. Besides, menasouqs.com notification of a foreclosure notice issued against the Seller from any enforcement office or similar authority, sumka.com If the Seller has a reasonable suspicion that there may be a behavior that may constitute fraud or forgery, or that counterfeit products are being sold in the Virtual Store, or for other reasonable reasons aimed at preventing or reducing the victimization of Buyers or a third party, menasouqs.com , The Seller's menasouqs.com the balance in your account, if the foreclosure notice is available, it may block a reasonable amount that can cover the violation or victimization for a period of 120 (one hundred and twenty) days and without notifying the Seller, including limited to the specified amount; in other cases. Finally, the Seller, therefore menasouqs.com pays payable by a request from a judicial or administrative authority, and in the event of having to make a payment to third parties in this context and/or suffering damage, he/she will be able to immediately appeal this amount of payment to the Seller and/or claim compensation for the damage. In this context, the Seller, menasouqs.com he will meet their demands immediately.
7.7. In the event of a claim for receivables arising due to a situation that develops within the scope of this agreement and/or outside the agreement with the Seller, menasouqs.com ,The Seller's menasouqs.com , he can block his receivables, as well as collect the amount he requests directly from these receivables by mashup.
7.8. All kinds of violations and actions of the Seller during the term of this Agreement sumka.com it will be processed within the framework of KVKK procedures to the profile in its structure, in this context menasouqs.com according to the nature of the violation, Seller's membership may be terminated, suspended and/or blacklisted. The blacklisted Seller must become a member again and menasouqs.com it will not be possible to sell through it.
8. CONTRACT CHANGES AND NOTIFICATIONS
8.1. The Seller shall be bound by the party to the Agreement and the provisions of the Agreement by signing this Agreement wet on the stamp or approving it electronically. menasouqs.com if he considers it necessary, he has the right to unilaterally change the terms and conditions of this Agreement at any time he deems appropriate. In order not to give room for doubt, menasouqs.com It also has the right to make additions to the Agreement, including those related to the partial or full payment of certain services.
8.2. Changes to the Contract in question menasouqs.com by (i) The Seller menasouqs.com Sending an e-mail to the address notified when subscribing to the website, (ii) Seller's Office (https:// menasouqs.com /) it can be done by announcing it on the screen or (iii) publishing it on the website. The amended provisions of this Agreement will enter into force on the date they are announced, and the remaining provisions will remain in force and continue to give rise to their provisions and consequences.
8.3. In order not to give room for doubt, menasouqs.com It is not obliged to notify the Seller of Contract changes that it is obliged to make due to legislative changes that occur after the date of signing or approval of the Contract. In addition, the Services that will be offered on the Website and menasouqs.com details of the campaigns implemented by Octavo, the duration of the exhibition of the products, additional facilities and technical features menasouqs.com as previously unannounced by değiştirilebilecektir.menasouqs.com , the changes made by will enter into force on the date of publication and will be binding, the Seller is obliged to follow these changes from the Website and fulfill the requirements of the changes.
8.4. The seller, menasouqs.com without waiting for any prior information to be provided by menasouqs.com It is obliged to follow the campaigns and discounts announced and applied through the website, to apply all the campaign conditions related to the products included in the campaign scope, and to manage the Buyer requests received to it as a basis for all campaign conditions in accordance with the campaign.
8.5. The Parties will communicate via the e-mail address provided by the Seller when signing up for the Website or through notifications that will be sent by registered mail with a refund to their physical mailing addresses. Sending an e-mail to the Seller's address registered on the Website will be accepted as written communication, and the Seller will have the obligation to check the e-mail address regularly. In the event of a change in the address and/or e-mail addresses provided by the Seller, the notifications made to the last address and/or e-mail addresses will be considered valid and binding unless the change is immediately notified to the other Party in writing.
8.6. Article 8.5 of this Agreement will also apply to notifications regarding the Counterparty's default, termination of the Agreement and withdrawal from the Agreement.
9. privacy
9.1. All kinds of commercial, financial, patent and know-how, information, invention, business, method, copyright, trademark, customer information and other information that the Parties acquire about each other during the performance of this Agreement will be considered as “Confidential Information” and will be considered Confidential Information for the duration of this Agreement and for 3 (three) years following the termination of the Agreement.
9.2. The Parties will keep Confidential Information confidential and will not disclose it to any third party, except if the receiving Party has obtained the prior written consent of the disclosing Party or if such disclosure is required by applicable laws or a court order. menasouqs.com The right to transmit Confidential Information to other Users who may be a party to the dispute is reserved for the purpose of exercising the legal rights of other Users in disputes between members and only to this extent. The right to transmit Confidential Information to other Users who may be a party to the dispute is reserved. Dec.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. menasouqs.com brand and logo, menasouqs.com the design, software, domain name of the mobile application and the Website and in relation to them menasouqs.com with all kinds of intellectual property rights of all kinds of brands, designs, logos, commercial presentation forms, slogans and all other content created by menasouqs.com it is owned by. The seller, menasouqs.com or intellectual property rights subject to the ownership of its affiliated companies menasouqs.com it may not use, share, distribute, exhibit, reproduce or perform works derived from them without permission. The seller, menasouqs.com the whole or part of the mobile application and the Website may not be used on another website without permission.
10.2. The seller, menasouqs.com in all the activities that he performs through his mobile application and website menasouqs.com and it undertakes not to violate the intellectual property rights of third parties. Seller will obtain exclusive rights or licenses or other necessary approvals from third parties to use its trade and other names, trademarks, service marks, trade names, names, images and/or other protected intellectual property rights. menasouqs.com , Will be able to request documents from the Seller regarding the receipt of these approvals, and the Seller will immediately provide this information sumka.com he will present to . From third parties menasouqs.com if a claim is made by claiming a right to the products sold by the Seller, menasouqs.com The seller's documents proving that the right to sell these sold products belongs to him menasouqs.com presents to a. During this time menasouqs.com if he wishes, he can stop the sale of the relevant product. menasouqs.com , of third parties, or menasouqs.com it reserves the right to terminate the contract of the Seller who is operating in a manner that violates intellectual property rights. The Seller agrees that Article 7.5 of the Contract will be applied in case of violation of the provision of this article.
10.3. menasouqs.com , The website and menasouqs.com it attaches the utmost importance to the respect of intellectual property rights in the activities shown on the mobile application and that there are no violations in this regard. Therefore, both the website and menasouqs.com in order to create a settlement mechanism for counterfeit products and all other kinds of trademark and intellectual property rights violations on its mobile application and to minimize the problems that its Sellers may experience before the judicial authorities, it has created a Brand Protection Center (“Center”). The Center will accept complaints from rights holders who claim that their brand or any other intellectual property rights have been violated through the Website and investigate these complaints. If he sees the complaint on the spot, he will be able to contact the Seller in order to reconcile the parties, request him to remove the content that caused the violation, and transmit the information of the Seller in question to the complainant. menasouqs.com October, the right to request additional information and documents in order to be able to perform the examination is reserved. For the avoidance of doubt, the purpose of this Center is to mediate the settlement of intellectual property violations that may occur on the Website by conciliatory means.The center,menasouqs.com it cannot be interpreted as acting as a decision-making authority or assuming responsibility in such cases.
11. FORCE MAJEURE
11.1. Employee-employer disputes, including riots, embargoes, state intervention, rebellion, occupation, war, mobilization, strikes, lockouts, labor actions or boycotts, cyber attacks, communication problems, infrastructure and internet failures, system improvement or renovation works and failures that may occur due to this, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster or other events outside the control of one of the Parties, if other events that are not caused by a defect and cannot be reasonably foreseen ("Force Majeure") prevent or delay any of the Parties ("Affected Party") from fulfilling their obligations arising from this Agreement, the Affected Party is obliged to immediately notify the other Party in writing of this Force Majeure, all relevant details and evidence, and the probable duration of this situation. The Affected Party is obliged to make reasonable efforts to prevent or mitigate the consequences of Force Majeure.
11.2. The Affected Party shall not be held liable for its obligations whose performance is prevented or delayed as a result of Force Majeure, provided that it has complied with its obligations contained in this article, and this situation is not considered a violation of this Agreement, the period required for performance is extended by a period equal to the duration of the said delay.
12. APPLICABLE LAW AND DISPUTE RESOLUTION
12.1. This Agreement will be exclusively subject to the laws of the Republic of Turkey.
12.2. Any dispute arising out of or in connection with this Agreement will be under the exclusive jurisdiction of the Istanbul Central (Çağlayan) Courts and Enforcement Directorates.
13. MISCELLANEOUS PROVISIONS
13.1. Evidence contract. The Seller, with the official books and commercial records of the Parties in the disputes that may arise from this Agreement, sumka.com e-archive records, electronic information and computer records stored in the database, servers, will constitute binding, definitive and exclusive evidence and this article is amended by Article 193 of the Code of Civil Procedure No. 6100. accepts that it is in the nature of an evidentiary contract in the sense of its article.
13.2. The Relationship of the Parties. Nothing in this Agreement may be interpreted as establishing an agency, dealership, distributorship, partnership or joint venture relationship between the Parties or their collective or partial successors. Dec.
13.3. The Integrity of the Contract. The Octets of this Agreement constitute an integral part of this Agreement and are taken into account and interpreted together with this Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all previous drafts, agreements, Decrees and Decrees, oral or written, between the Parties regarding the subject matter of this Agreement.
13.4. Divisibility. If any provision of this Agreement is determined by any competent court, arbitral tribunal or administrative authority to be invalid or unenforceable or unreasonable in whole or in part, to the extent of such invalidity, unenforceability or unreasonableness, this Agreement will be considered severable and the other provisions will remain in full force and effect.
13.5. Transfer of the Contract. The seller, menasouqs.com he will not be able to assign his rights or obligations under this Agreement in whole or in part without obtaining his prior written consent.
13.6. Amendment and Waiver. Failure of one of the Parties to exercise or exercise any right granted to it in the Agreement shall not constitute a waiver of such right or prevent the subsequent exercise or exercise of such right.
13.7. The Seller, all kinds of rights and obligations arising from this Agreement menasouqs.com it cannot be transferred or assigned to a third party without the permission of . menasouqs.com if a transaction is made contrary to this article without the written permission of this transaction menasouqs.com will be invalid against the.
13.8. Stamp Duty and all other taxes and fees arising from this Agreement will be borne by the Seller.
This Agreement, consisting of 13 (thirteen) articles, has entered into force by being concluded by reading each provision by the Parties, signing wet on the stamp by the Seller or being approved electronically.
DATE: ......./.........../..........
SELLER BUSINESS PARTNER STAMP/SIGNATURE
1. sides
1.1. This seller business partnership and announcement menasouqs.com ("Contract") is headquartered in Fethiye Mah. With the title of Turkish Vip Brands located at Nilüfer/BURSA sumka.com it is concluded between him and (the "Seller"). Dec.
1.2. menasouqs.com and the Seller will be referred to individually as the "Party" and jointly as the "Parties" in this Agreement.
2. PURPOSE AND SCOPE OF THE AGREEMENT
2.1. menasouqs.com , operates the online electronic commerce platform called Alan, mobile applications and mobile website, which brings together parties for the purpose of shopping on a virtual marketplace that accelerates communication and business processes between suppliers, intermediaries, service providers, manufacturers, consumers, institutions whose purpose is commercial or not, increases productivity, saves financial resources. Dec.Dec. menasouqs.com , is not a seller of any product or service contained on the website and is an intermediary service provider in accordance with the Law No. 6563 on the Regulation of Electronic Commerce.
2.2. In accordance with this Agreement, the Seller, menasouqs.com which is being managed by menasouqs.com to become a member of the electronic commerce platform named Alan and to make sales from the Virtual Store to be established on this platform, menasouqs.com on the other hand, the Seller wants to benefit from the electronic commerce platform services that the Seller owns in exchange for the commission that the Seller will pay to him.
2.3. The purpose of this Agreement, on the Website menasouqs.com or menasouqs.com the determination of the conditions related to the use of the Services offered by the business partner determined by the Sellers and the determination of the rights and obligations of the Parties in this direction constitute.
2.4. For the avoidance of doubt, this Agreement Decrees that it is between the Parties only, menasouqs.com it covers the forms and conditions for the Services provided by the Seller. The relationship between Sellers and Buyers does not fall within the scope of this Agreement; Dec. menasouqs.com in this commercial activity, it only grants the Seller the right to open a Virtual Store and publish ads in the area where this Virtual Store is located. The Seller will be personally responsible for the sales transactions that he will perform from the Virtual Store within the framework of other legislation, in particular the Law No. 6502 on Consumer Protection, against Buyers.
3. definitions
Receiver:
menasouqs.com it refers to a member who is a member of the Website within the scope of the Membership Agreement with it and purchases the products and/or services offered for sale through the ads provided by the Seller on the Website.
Service:
In order for Buyers and Sellers to perform the works and transactions defined in this Agreement and to publish their products / services menasouqs.com it refers to advertising, publishing and similar applications offered on the Website for a fee or free of charge.
User:
It refers to all natural and legal persons who have access to the website.
Virtual Store:
menasouqs.com On the website menasouqs.com refers to the virtual space allocated to Sellers in accordance with the procedures and rules and in which Sellers have the opportunity to publish their ads consisting of content and images for the sale of one or more products and/or services.
Seller:
menasouqs.com a legal entity / natural person who is a member of the Website within the scope of this Agreement with it and offers various products and/or services for sale through ads published through the account he created on the Website refers to a member.
Seller's Office:
The Seller's,menasouqs.com , refers to a private virtual page where he can perform the necessary operations to benefit from the applications and Services offered by him on the Website, enter the company/personal information requested from him, track sales transaction details, and access only with the username and password specified by the Seller.
Website:
Ownership menasouqs.com which belongs to and menasouqs.com the Services determined by this Agreement are provided on www.menasouqs.com it refers to the website with the domain name, mobile applications and the mobile site.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. In order to earn the title of “Seller”, the Seller must upload the scanned version of this Agreement to the Seller's Office in full and complete, if the signature circular, tax plate and commercial registration document of this agreement have been signed by the signature authority, and if this Agreement has been approved by the Seller in electronic form, this approved version and all documents in electronic form menasouqs.com it must be approved by. menasouqs.com , always reserves the right to request a set of documents Oct. in addition to these documents. Although these documents are submitted by the seller in full, menasouqs.com The right to reject the Seller's application without giving reasons and/or to request additional documents is reserved.Oct. The Seller whose application has been accepted will fill out the membership form on the Website in a complete and truthful manner. The Seller will be personally liable for all damages that may arise due to the provision of false information by the Seller that does not correspond to the truth during the application. The seller will notify the persons authorized to make transactions on behalf of his company in the relevant form during registration and all kinds of transactions that these persons will make menasouqs.com it will be accepted that it was made on behalf of the Seller.
4.2. Any changes that may occur in the documents and information that the Seller has provided, especially the information belonging to the Seller and his authorized representative, no later than Jul 15 (fifteen) days from the date of the change, menasouqs.com it is obliged to notify and update its registration in the system accordingly.
4.3. The Seller will create a username and password according to the rules and related business content announced on the Website while he/she is a member of the Website; He/she will use this information to access his/her Virtual Store, profile page and perform some other operations. The security and confidentiality of the Seller's password and username are entirely the Seller's responsibility, so he is personally and exclusively responsible for all transactions performed by logging in through his profile. Therefore, if the Seller suffers losses due to the use of the user name and password by others and/or the loss of this information, menasouqs.com he/she accepts, declares and undertakes in advance that he/she cannot hold the company responsible. On the contrary, due to the Seller's loss of information such as username and password and/or their use by others menasouqs.com if the seller suffers any damage, the Seller will cover this damage immediately in advance. In such a case, the Seller immediately menasouqs.com he will contact with. Also menasouqs.com If it has a suspicion that the account created for the Seller is being used by a third party and/or malicious software, it will be able to reset the account and/or block access by closing the account completely. In this case, a new account will be opened for the Seller.
4.4. The seller, in order to create the necessary technical infrastructure that will allow all kinds of advertisements and advertisements to be published on the Website menasouqs.com agrees and undertakes to be in full cooperation with Jul and to provide all kinds of documents necessary for this.
4.5. According to the Personal Data Protection Law No. 6698 Jul, the Seller is obliged to take all necessary technical and administrative measures to ensure the appropriate level of security in order to prevent the unlawful processing of personal data and unlawful access to personal data and to ensure the preservation of personal data, and is responsible for taking these measures. In addition, the Seller is personally responsible for the authenticity, reliability, accuracy and compliance with the law of all kinds of visual, written and other information and content provided for the ads published on the Website and in the Virtual Store. In October, the Seller agrees and undertakes not to use the Website on behalf of himself or a third party for the purpose of creating, checking, updating, modifying a database, registration or directory, accessing the personal information of other members and downloading it to another system. The Seller agrees that Article 7.5 of the Contract will be applied if he violates the provision of this article. Against third parties if all kinds of visual, written and other information and content provided for the ads published on the Seller's Website and in the Virtual Store violate the intellectual property rights of third parties, and menasouqs.com he is responsible to.
4.6. The seller, menasouqs.com accepts and undertakes that all the terms and conditions in the "Terms of Sale and Advertisement" determined by it are among the essential elements of the Agreement and that it operates and will demonstrate compliance with them.
4.7. The Seller will always continue to have the right to all kinds of ads, content and images that have been transmitted to the Website by him. However, the Seller does not allow the product and content in question to be used in screenshots and all kinds of images and content prepared for advertising and promotion (for example, the Virtual Store's www. menasouqs.com 21 of the Law on Intellectual and Artistic Works required for instant appearance in the advertising of the website and digital marketing activities). the “Right to Processing” regulated in Article 22. the “Right of Reproduction” specified in Article 23. the “Right of Dissemination” contained in Article 24. the “Right of Representation” regulated in Article 25 and. the “Right of Transmission to the Public by Means of Means Used for the Transmission of Signals and / or Images" contained in the article, all moral rights and all kinds of rights and powers subject to the circuit, all over the world and bilabedel without time and place restrictions sumka.com accepts, undertakes and declares that it allocates to third parties, including the transfer authority.
4.8. The Seller will not encourage Buyers who contact him through the Website to make purchases outside the Website and will also reject offers received to him in this direction. The seller, under no circumstances menasouqs.com he will not engage in behavior that manipulates campaigns and discounts.
4.9. menasouqs.com In order to help the seller to present its products in a more professional manner, it will be able to offer the seller the opportunity to use photo studio services in exchange for a fee. The provision of this service is completely menasouqs.com at his discretion. The seller; if he makes use of these studio services, in accordance with the procedure for the use of the studio menasouqs.com or information and documents that are likely to be requested by the relevant studio menasouqs.com or he will present it to the studio.
4.10. The Seller undertakes to act in accordance with the Pay Protection System. According to the Payment Protection System, the Seller pays for the product menasouqs.com he will send it to his own warehouses/delivery points specified by the and menasouqs.com after the inspection and control to be carried out by the specified condition of the product, number, quality, etc. if it is seen that it is, the product will be approved. After this approval, menasouqs.com the product price will be transferred to the Seller's account within 2 business days. The right to make changes to the pay terms exclusively and individually menasouqs.com changes that will occur at the initiative of the menasouqs.com it will be notified to the Seller by.
4.11. The Seller, throughout this Contract menasouqs.com that it will engage in commercial activities in accordance with the competition rules, avoid actions that will constitute unfair competition, avoid all kinds of activities that damage and damage the rights and brands of other Sellers, in no way disrupt public order, violate public morals, disturb and harass others, will not sell goods and products contrary to the law, otherwise menasouqs.com accepts and declares in advance that it is obliged to pay the penalty requirement of 10,000 TL (ten thousand Turkish Liras) per product whose violation is detected. If the products prohibited in this article and/or other articles of the Agreement have been purchased by the Buyer, the penalty condition price set out in this article will apply per product sold by the Seller.
4.12. All kinds of products ordered by the Seller, Buyer are of the same brand, color, size, quantity, weight, etc. together with the feri products (charger, accessories, user manual, etc.), the specifications are in accordance with the order content, of sufficient quality and are committed / stipulated in the legislation that they must be sent with it.) that it will deliver to the Buyer without any defects and/or deficiencies, legal situations that it must legally submit or provide to the Buyer (warranty, etc.) that he will provide it personally and that all kinds of opportunities will be created for the exercise of these rights, menasouqs.com that the un has no obligation to inspect the cargoes and their contents, the lack of order content, declares, accepts and undertakes that in the event of a defect and/or error, the Seller will be solely and exclusively responsible for it. The ordered product must be prepared in such a way as notified by the cargo company and packed with sufficient protection that it will reach the Buyer safely and must be delivered by the Seller to the relevant cargo company. If a change is requested by the Cargo Company in terms of packaging of the product, this change will be made immediately by the Seller. In addition, the Seller, in relation to the order, menasouqs.com October Dec / weight reported to a and the difference between the desi / weight of the cargo determined by the cargo company due to the additional charge requested by the cargo company in case of this fee, menasouqs.com it will be appealed to the Seller by the Seller and can be mashuped from the payments to be made to the Seller. In case of violation of the Seller in this way 3 times, the Seller, each subsequent time menasouqs.com pay October 3 October the amount of the additional fee applied to him by the cargo in addition to the amount of this additional fee will have to pay a penalty condition in the amount of 3 times this additional fee and menasouqs.com it will be mashup of the receivables within the structure.
4.13. The seller, menasouqs.com he is the primary authority over the products he will sell through the Industrial Property Law No. 6769 and other relevant legislation, these products menasouqs.com if there is a situation in which third parties do not have any say in selling through it and/or have no right to prevent other sales, this is on the contrary menasouqs.com it accepts and undertakes in advance that sales may be stopped upon the determination of this situation by.
4.14. The seller, menasouqs.com that it will fulfill all kinds of national and international legal obligations within the scope of the activities it will carry out through it, in this regard menasouqs.com that he is responsible to, and also that he is solely and individually responsible for the liability that occurs due to the non-fulfillment of these obligations, menasouqs.com accepts and assesses that the company does not have any supervisory obligations, and that it will be personally responsible for the consequences that will occur in this context. Due to legal obligations menasouqs.com in terms of the issues requested by the Seller, the Seller will primarily make a return and fulfill its obligations immediately. This period can be a maximum of 24 hours.
4.15. The Seller is the Buyer's menasouqs.com it agrees, declares and undertakes that it can use the right to withdraw the products it has received from the Buyer within 15 (fifteen) days from the date of delivery without citing any reason, in this context, the Buyer can return the product it has received without paying any fee, if the Buyer exercises this right, it can ship the product within 10 (ten) days, accept the refund, return the product price to the Buyer within 14 days after the product return declaration reaches it, accepts, declares and undertakes. Within the scope of this right of withdrawal, the shipping cost will be covered by the Seller. Contrary provisions are reserved in the legislation. In addition, it has been accepted in advance by the Seller that the rights granted to the Consumer within the framework of the Law No. 6502 on Consumer Protection and other relevant laws will also be provided to the Consumer.
4.16. The seller undertakes that he will not sell products that are prohibited for sale according to the legislation of the country where the sale will be made or according to the legal regulations of Turkey and that he will carry out activities in accordance with all legislation.
4.17. The seller, menasouqs.com 's name and title menasouqs.com he undertakes not to use it in any medium and place without the permission of . But menasouqs.com , May mention and use the Seller's trade name and products in different media and places.
4.18. menasouqs.com and the Buyer may cancel the order due to the Seller's failure to fulfill its obligations related to the order correctly and/or on time, but without being limited to these reasons. In this case, neither the Seller nor the Buyer can be held responsible by the Seller for the cancellation of the order.
4.19. The Seller must deliver the product ordered by the Buyer to the relevant cargo no later than 3 business days for shipment to the Buyer by fulfilling all the requirements. If the seller does not deliver the ordered product to the cargo as required during this period, menasouqs.com a penalty clause in the amount of 10% of the product price (this penalty clause will be at least 20 TL.) are obliged to pay. If the seller has a valid excuse, this excuse (such as handmade and custom-made products that take time to prepare) immediately menasouqs.com he will inform the. The authority to evaluate the validity of the excuse exclusively menasouqs.com it belongs to and menasouqs.com if the excuse is not deemed sufficient as a result of the evaluation to be made by the company, it may be decided to pay the penalty fee. In addition, if the Seller suffers loss and/or deprivation of profit due to cancellation of orders of other Sellers due to late delivery of the product after the period specified in this article, and /or for any other reason suffers loss and /or deprivation of profit, this loss and /or deprivation of profit may also be menasouqs.com he is obliged to compensate through.
5. menasouqs.com RIGHTS AND OBLIGATIONS
5.1. menasouqs.com Jul will store the personal and commercial information provided by the Seller during the membership process and throughout the membership in a secure environment. menasouqs.com , may use this information for the purpose of conducting the applications necessary for the full and proper operation of the Services, conducting statistical evaluations, advertising, marketing, advertising, creditworthiness inquiries and other purposes of its and its business partners' activities, applications, and may be disclosed to third parties, provided that it is limited to the specified reasons. In this sense, the Seller has his own information menasouqs.com it will consent to be used and stored by him in accordance with the provisions of this article.
5.2. menasouqs.com , has the title of intermediary and Intermediary Service Provider for the establishment of distance contracts within the scope of the Consumer Protection Law No. 6502 and the Electronic Commerce Regulation Law No. 6563. For this reason, also menasouqs.com , There is no obligation to check the contents published by the Seller on the Website. menasouqs.com , Although it is not obliged to check any kind of content, including messaging through the website, or investigate whether there is an illegal activity or situation related to this content and the product or service subject to this content, it has the right to check such content at any time and block access and delete it if it deems it necessary. menasouqs.com in addition, it will be able to take action on such content in order to fulfill the decision of any judicial authority, including the court and the arbitral tribunal, and limited to this scope.
5.3. menasouqs.com If the Seller determines that any content published on the Website is contrary to the applicable legislation, the right to immediately remove this content is always reserved. In such a case, the Seller is under whatever name menasouqs.com he cannot claim any compensation.
5.4. menasouqs.com if there is any damage/defect on the product delivered to the Buyer during the sales of electronic products through it, the payments made to the Seller related to the sale of this defective/damaged product and all expenses incurred will be claimed from the Seller and/or will be deducted from all payments to be made to the Seller in the future. In the event that defective/damaged products are mentioned again in this way in terms of sellers who sell electronic products menasouqs.com if he wishes, he can hold off paying for the Seller in question until the Buyer takes delivery of the product and determines that there is no defect / damage to the product. If it is determined that there is no damage/defect on the electronic product that reaches the Buyer, the payment will be paid to the Seller within 2 days. In terms of electronic devices menasouqs.com , is exclusively authorized about the time when payments will be made.
6. FINANCIAL CONSIDERATIONS
6.1. The Seller will be able to benefit from the Services depending on the condition that he performs the actions specified in this Agreement in full and as required, and will be entitled to a fee in exchange for the sales transactions that he will perform through the Website. Commission rates, pay terms and other financial conditions to be applied to the Seller menasouqs.com it will be applied as determined by. Making changes to these conditions and rates completely menasouqs.com it is under the exclusive jurisdiction of .
6.2. The seller is obliged to issue an invoice or retail sales receipt related to the product and service sold in accordance with Articles 230 of the Tax Procedure Law No. 213 and Article 8 of the Value Added Tax Law No. 3065. In this sense, the Seller agrees and undertakes to deliver the product and/or service sent to the Buyer by invoicing.
6.3. In accordance with Article 7.5 of this Agreement, menasouqs.com , may deduct any damages, losses, expenses, expenses or claims of third parties incurred by the Seller from the Seller's current account at its sole discretion or collect them from the Seller personally.
6.4. If the Seller violates the provisions of this agreement without good faith, has a criminal activity in question and/or knowingly and willingly seriously violates the rights of third parties, the Seller, menasouqs.com he is obliged to pay a 10.000 TL (ten thousand Turkish Liras) criminal requirement.
6.5. menasouqs.com , all kinds of campaigns, discounts and gift vouchers, etc. at any time, provided that they bear the cost. As it can regulate applications, the Seller's approval will not be required in this regard. The seller and menasouqs.com , special campaign, discount and gift voucher in case of agreements, etc. Applications can be arranged, but this campaign, discounts and gift vouchers, etc., are applied as a result of the agreement. the Seller will be charged for their costs.
7. DURATION, TERMINATION AND COMPENSATION OF THE CONTRACT
7.1. This Agreement will enter into force by signing a wet signature on the stamp or being approved electronically by the Seller and is valid for an indefinite period from the date of entry into force.
7.2. The Seller may terminate this Agreement at any time without any reason and without being under the obligation to pay compensation, provided that he gives written notice 1 month in advance. menasouqs.com on the other hand, with the notification that he will make without the need for prior notification (other notification that he will make via e-mail and/or system is valid.) May terminate the Contract immediately without compensation and without penalty. The Contract menasouqs.com in case of such termination by the Seller, until the date of termination menasouqs.com agrees and undertakes to pay the costs related to the service provided by it. This termination will only affect the relationship of the Parties; all responsibilities that may exist against Buyers for sales made through the Seller's Virtual Store will continue.
7.3. In case one of the Parties becomes bankrupt, requests postponement of bankruptcy, becomes incapacitated, offers concordat, appoints trustee, enters liquidation or a termination case is filed against, the Contract will terminate spontaneously.
7.4. The Parties to this Agreement and menasouqs.com that each of the terms and conditions contained on the site are based and in case of violation of these terms and conditions menasouqs.com He accepts that he has the right to terminate the Agreement immediately. Besides these menasouqs.com Even if he does not exercise the right to terminate the Agreement, in the event of such contravention, menasouqs.com It will always have the right to temporarily stop and suspend the Services. In these cases, the Seller will continue to have all kinds of responsibilities towards the Buyer.
7.5. The Seller violates one of the provisions of this Agreement or does not comply with the sales rules announced at the Seller's Office or does not fulfill the legal obligations that must be complied with, due to the Seller's violation of one of the provisions of this Agreement menasouqs.com all kinds of legal /administrative/criminal damages, losses, expenses, expenses and claims of third parties that he has suffered directly or indirectly menasouqs.com it is obliged to compensate completely and immediately, without having to apply to any authority and upon its first request. In order not to leave room for doubt, menasouqs.com exercise the right in question sumka.com It is independent of whether or not to terminate the Contract, and menasouqs.com He is entitled to such compensation without terminating the contract.
7.6. The seller, menasouqs.com if any legal proceedings are initiated against him, including a lawsuit, consumer complaint, prosecutor's investigation and enforcement proceedings, or if any information or documents are requested from banks, ministries, judicial or administrative authorities, police departments and all other private or public organizations menasouqs.com he will immediately provide Jul with all the information and documents necessary to defend himself or to provide the requested information or documents. By the seller, within the requested period menasouqs.com any damages, sanctions and/or penalties that may arise due to information and documents that are not provided will be reflected to the Seller Jul. In addition, these amounts may be collected from all stores owned by the Seller. Besides, menasouqs.com notification of a foreclosure notice issued against the Seller from any enforcement office or similar authority, sumka.com If the Seller has a reasonable suspicion that there may be a behavior that may constitute fraud or forgery, or that counterfeit products are being sold in the Virtual Store, or for other reasonable reasons aimed at preventing or reducing the victimization of Buyers or a third party, menasouqs.com , The Seller's menasouqs.com the balance in your account, if the foreclosure notice is available, it may block a reasonable amount that can cover the violation or victimization for a period of 120 (one hundred and twenty) days and without notifying the Seller, including limited to the specified amount; in other cases. Finally, the Seller, therefore menasouqs.com pays payable by a request from a judicial or administrative authority, and in the event of having to make a payment to third parties in this context and/or suffering damage, he/she will be able to immediately appeal this amount of payment to the Seller and/or claim compensation for the damage. In this context, the Seller, menasouqs.com he will meet their demands immediately.
7.7. In the event of a claim for receivables arising due to a situation that develops within the scope of this agreement and/or outside the agreement with the Seller, menasouqs.com ,The Seller's menasouqs.com , he can block his receivables, as well as collect the amount he requests directly from these receivables by mashup.
7.8. All kinds of violations and actions of the Seller during the term of this Agreement sumka.com it will be processed within the framework of KVKK procedures to the profile in its structure, in this context menasouqs.com according to the nature of the violation, Seller's membership may be terminated, suspended and/or blacklisted. The blacklisted Seller must become a member again and menasouqs.com it will not be possible to sell through it.
8. CONTRACT CHANGES AND NOTIFICATIONS
8.1. The Seller shall be bound by the party to the Agreement and the provisions of the Agreement by signing this Agreement wet on the stamp or approving it electronically. menasouqs.com if he considers it necessary, he has the right to unilaterally change the terms and conditions of this Agreement at any time he deems appropriate. In order not to give room for doubt, menasouqs.com It also has the right to make additions to the Agreement, including those related to the partial or full payment of certain services.
8.2. Changes to the Contract in question menasouqs.com by (i) The Seller menasouqs.com Sending an e-mail to the address notified when subscribing to the website, (ii) Seller's Office (https:// menasouqs.com /) it can be done by announcing it on the screen or (iii) publishing it on the website. The amended provisions of this Agreement will enter into force on the date they are announced, and the remaining provisions will remain in force and continue to give rise to their provisions and consequences.
8.3. In order not to give room for doubt, menasouqs.com It is not obliged to notify the Seller of Contract changes that it is obliged to make due to legislative changes that occur after the date of signing or approval of the Contract. In addition, the Services that will be offered on the Website and menasouqs.com details of the campaigns implemented by Octavo, the duration of the exhibition of the products, additional facilities and technical features menasouqs.com as previously unannounced by değiştirilebilecektir.menasouqs.com , the changes made by will enter into force on the date of publication and will be binding, the Seller is obliged to follow these changes from the Website and fulfill the requirements of the changes.
8.4. The seller, menasouqs.com without waiting for any prior information to be provided by menasouqs.com It is obliged to follow the campaigns and discounts announced and applied through the website, to apply all the campaign conditions related to the products included in the campaign scope, and to manage the Buyer requests received to it as a basis for all campaign conditions in accordance with the campaign.
8.5. The Parties will communicate via the e-mail address provided by the Seller when signing up for the Website or through notifications that will be sent by registered mail with a refund to their physical mailing addresses. Sending an e-mail to the Seller's address registered on the Website will be accepted as written communication, and the Seller will have the obligation to check the e-mail address regularly. In the event of a change in the address and/or e-mail addresses provided by the Seller, the notifications made to the last address and/or e-mail addresses will be considered valid and binding unless the change is immediately notified to the other Party in writing.
8.6. Article 8.5 of this Agreement will also apply to notifications regarding the Counterparty's default, termination of the Agreement and withdrawal from the Agreement.
9. privacy
9.1. All kinds of commercial, financial, patent and know-how, information, invention, business, method, copyright, trademark, customer information and other information that the Parties acquire about each other during the performance of this Agreement will be considered as “Confidential Information” and will be considered Confidential Information for the duration of this Agreement and for 3 (three) years following the termination of the Agreement.
9.2. The Parties will keep Confidential Information confidential and will not disclose it to any third party, except if the receiving Party has obtained the prior written consent of the disclosing Party or if such disclosure is required by applicable laws or a court order. menasouqs.com The right to transmit Confidential Information to other Users who may be a party to the dispute is reserved for the purpose of exercising the legal rights of other Users in disputes between members and only to this extent. The right to transmit Confidential Information to other Users who may be a party to the dispute is reserved. Dec.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. menasouqs.com brand and logo, menasouqs.com the design, software, domain name of the mobile application and the Website and in relation to them menasouqs.com with all kinds of intellectual property rights of all kinds of brands, designs, logos, commercial presentation forms, slogans and all other content created by menasouqs.com it is owned by. The seller, menasouqs.com or intellectual property rights subject to the ownership of its affiliated companies menasouqs.com it may not use, share, distribute, exhibit, reproduce or perform works derived from them without permission. The seller, menasouqs.com the whole or part of the mobile application and the Website may not be used on another website without permission.
10.2. The seller, menasouqs.com in all the activities that he performs through his mobile application and website menasouqs.com and it undertakes not to violate the intellectual property rights of third parties. Seller will obtain exclusive rights or licenses or other necessary approvals from third parties to use its trade and other names, trademarks, service marks, trade names, names, images and/or other protected intellectual property rights. menasouqs.com , Will be able to request documents from the Seller regarding the receipt of these approvals, and the Seller will immediately provide this information sumka.com he will present to . From third parties menasouqs.com if a claim is made by claiming a right to the products sold by the Seller, menasouqs.com The seller's documents proving that the right to sell these sold products belongs to him menasouqs.com presents to a. During this time menasouqs.com if he wishes, he can stop the sale of the relevant product. menasouqs.com , of third parties, or menasouqs.com it reserves the right to terminate the contract of the Seller who is operating in a manner that violates intellectual property rights. The Seller agrees that Article 7.5 of the Contract will be applied in case of violation of the provision of this article.
10.3. menasouqs.com , The website and menasouqs.com it attaches the utmost importance to the respect of intellectual property rights in the activities shown on the mobile application and that there are no violations in this regard. Therefore, both the website and menasouqs.com in order to create a settlement mechanism for counterfeit products and all other kinds of trademark and intellectual property rights violations on its mobile application and to minimize the problems that its Sellers may experience before the judicial authorities, it has created a Brand Protection Center (“Center”). The Center will accept complaints from rights holders who claim that their brand or any other intellectual property rights have been violated through the Website and investigate these complaints. If he sees the complaint on the spot, he will be able to contact the Seller in order to reconcile the parties, request him to remove the content that caused the violation, and transmit the information of the Seller in question to the complainant. menasouqs.com October, the right to request additional information and documents in order to be able to perform the examination is reserved. For the avoidance of doubt, the purpose of this Center is to mediate the settlement of intellectual property violations that may occur on the Website by conciliatory means.The center,menasouqs.com it cannot be interpreted as acting as a decision-making authority or assuming responsibility in such cases.
11. FORCE MAJEURE
11.1. Employee-employer disputes, including riots, embargoes, state intervention, rebellion, occupation, war, mobilization, strikes, lockouts, labor actions or boycotts, cyber attacks, communication problems, infrastructure and internet failures, system improvement or renovation works and failures that may occur due to this, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster or other events outside the control of one of the Parties, if other events that are not caused by a defect and cannot be reasonably foreseen ("Force Majeure") prevent or delay any of the Parties ("Affected Party") from fulfilling their obligations arising from this Agreement, the Affected Party is obliged to immediately notify the other Party in writing of this Force Majeure, all relevant details and evidence, and the probable duration of this situation. The Affected Party is obliged to make reasonable efforts to prevent or mitigate the consequences of Force Majeure.
11.2. The Affected Party shall not be held liable for its obligations whose performance is prevented or delayed as a result of Force Majeure, provided that it has complied with its obligations contained in this article, and this situation is not considered a violation of this Agreement, the period required for performance is extended by a period equal to the duration of the said delay.
12. APPLICABLE LAW AND DISPUTE RESOLUTION
12.1. This Agreement will be exclusively subject to the laws of the Republic of Turkey.
12.2. Any dispute arising out of or in connection with this Agreement will be under the exclusive jurisdiction of the Istanbul Central (Çağlayan) Courts and Enforcement Directorates.
13. MISCELLANEOUS PROVISIONS
13.1. Evidence contract. The Seller, with the official books and commercial records of the Parties in the disputes that may arise from this Agreement, sumka.com e-archive records, electronic information and computer records stored in the database, servers, will constitute binding, definitive and exclusive evidence and this article is amended by Article 193 of the Code of Civil Procedure No. 6100. accepts that it is in the nature of an evidentiary contract in the sense of its article.
13.2. The Relationship of the Parties. Nothing in this Agreement may be interpreted as establishing an agency, dealership, distributorship, partnership or joint venture relationship between the Parties or their collective or partial successors. Dec.
13.3. The Integrity of the Contract. The Octets of this Agreement constitute an integral part of this Agreement and are taken into account and interpreted together with this Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all previous drafts, agreements, Decrees and Decrees, oral or written, between the Parties regarding the subject matter of this Agreement.
13.4. Divisibility. If any provision of this Agreement is determined by any competent court, arbitral tribunal or administrative authority to be invalid or unenforceable or unreasonable in whole or in part, to the extent of such invalidity, unenforceability or unreasonableness, this Agreement will be considered severable and the other provisions will remain in full force and effect.
13.5. Transfer of the Contract. The seller, menasouqs.com he will not be able to assign his rights or obligations under this Agreement in whole or in part without obtaining his prior written consent.
13.6. Amendment and Waiver. Failure of one of the Parties to exercise or exercise any right granted to it in the Agreement shall not constitute a waiver of such right or prevent the subsequent exercise or exercise of such right.
13.7. The Seller, all kinds of rights and obligations arising from this Agreement menasouqs.com it cannot be transferred or assigned to a third party without the permission of . menasouqs.com if a transaction is made contrary to this article without the written permission of this transaction menasouqs.com will be invalid against the.
13.8. Stamp Duty and all other taxes and fees arising from this Agreement will be borne by the Seller.
This Agreement, consisting of 13 (thirteen) articles, has entered into force by being concluded by reading each provision by the Parties, signing wet on the stamp by the Seller or being approved electronically.
DATE: ......./.........../..........
SELLER BUSINESS PARTNER STAMP/SIGNATURE
