USER TERMS and DISTANCE SALES AGREEMENT
- 1.1. This sales contract (“Sales Contract“) has been concluded between Mimoza Bilişim(MB) and the Buyer to determine the conditions for the Buyer to benefit from the Services offered by MB on the Website.
- 1.2. MB and Buyer shall be referred to as “Party” and jointly as “Parties” in this Sales Agreement.
- Purchase Page: It refers to the Buyer-specific page where the Buyer can perform the necessary transactions in order to benefit from the various applications and Services on the Website, and enter his personal data and information requested from him on the basis of the application.
- Service: Refers to the services and applications offered by MB or the business partner determined by MB in order to enable Buyers and Visitors to perform the business and transactions defined in this Sales Agreement.
- Virtual Store: It refers to the virtual space on the Website of the MB where it has the opportunity to publish advertisements consisting of content and visuals for the sale of one or more products and/or services in accordance with the procedures and rules of the MB.
- Buyer Refers to the real person who purchases the products and/or services offered for sale through the advertisements provided by MB on the Website within the scope of this Sales Agreement with MB.
- Website: It refers to the website with the domain name www.mimozabilisim.com, mobile applications and mobile site, the ownership of which belongs to MB and on which MB offers the Services specified in this Agreement.
- Visitor: Refers to the real person who uses the Website without being a Member and benefits from the Services.
3. SCOPE AND PURPOSE OF THE SALES CONTRACT
- 3.1. MB operates the Website and is a service provider in accordance with the Law No. 6563 on the Regulation of Electronic Commerce.
- 3.2. Pursuant to the Sales Agreement, the buyer or visitor wishes to make use of the Services on the Website and purchase the products and/or services sold in the Virtual Stores on this platform.
- 3.3. The purpose of the Sales Agreement is to determine the conditions regarding the utilization of the Services and to determine the rights and obligations of the Parties in this respect. With the acceptance of the Sales Contract by the buyer or visitor, it declares and undertakes that it has accepted all kinds of statements regarding the Services, usage, contents, applications that are and will be included on the Website.
- 3.4. For the avoidance of doubt, this Sales Agreement is solely between the Parties and covers the terms and conditions for the Services on and to be provided on the Website.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
- 4.1. In order to qualify as a recipient, the recipient must have reached the age of 18 (eighteen). The buyer who fails to provide accurate and up-to-date information when filling in the information on the payment page of the visitor who wants to become a buyer is personally responsible for all damages that may arise for this reason. For this reason, it is mandatory to fill in the information requested on the website with accurate and up-to-date information.
- 4.2. The Buyer accepts and declares that MB is the seller party and he/she is the buyer party in the distance sales contracts to be concluded in the purchases to be made through the Website; accepts and declares that he/she is personally responsible in every sense within the scope of the applicable consumer law legislation and other legislation.
- 4.3. The Buyer accepts and declares that it will act in accordance with the provisions of this Sales Agreement, all conditions specified on the Website, applicable legislation and ethical rules in the transactions and correspondence it carries out on the Website. The legal and criminal responsibility for the transactions and actions of the Buyer within the Website belongs to him/her.
- 4.4. In the event of the request of the competent authorities in accordance with the applicable legislation, MB may share the information of the Buyer with such authorities, if necessary in accordance with the Personal Data Protection Law No. 6698, by informing the Buyer in advance and in any case subject to the data transfer rules.
- 4.5. Personal data received from the buyer during the purchase and/or shopping on the Website may be transmitted to other places that may be a party to the dispute in order for the parties to exercise their legal rights, limited only to the requested subject matter, in disputes arising between the buyer and the Seller on issues that may constitute a crime in terms of forgery, fraud, misuse of the Website, Turkish Commercial Code No. 6100, in accordance with the Law No. 6698 on the Protection of Personal Data, if necessary, by informing the relevant person in advance and in any case subject to data transfer rules.
- 4.6. The security and confidentiality of the information required by the Buyer to perform transactions through the Website is the sole responsibility of the Buyer. The Buyer accepts, declares and undertakes that the transactions carried out by the Buyer on the website have been carried out by him/her, that the responsibility arising from these transactions belongs to him/her in advance, that he/she will not assert any defence and/or objection that he/she did not carry out the business and transactions carried out in this way and/or that he/she will not refrain from fulfilling his/her obligations based on this defence or objection.
- 4.7. The Buyer shall not use the Website in a manner contrary to law and morality, in particular in the cases listed below:
- 4.7.1. Use of the Website to create a database, register or directory on behalf of any person;
- 4.7.2. Use of the Website in whole or in part with the intent to disrupt, modify or reverse engineer it;
- 4.7.3. Making transactions using false information or another person’s information, creating unreal purchases by using false or misleading personal data, including false or misleading residential address, e-mail address, contact, payment or account information, and using these accounts in violation of the sales Agreement or applicable legislation, unauthorized use of another buyer’s account, becoming a party or participant in transactions by impersonating another person or under a false name;
- 4.7.4. Use of the commenting and rating systems for non-Website purposes, such as publishing comments on the Website outside the Website, or for purposes other than to manipulate the systems;
- 4.7.5. The spread of viruses or any other technology that may damage the Website, the Website’s database, or any content on the Website;
- 4.7.6. Engaging in activities that will create unreasonable or disproportionately large loads on the communications and technical systems determined by the Website or damage the technical functioning, using “screen scraping” software or systems such as automatic programs, robots, web crawlers, spiders, data mining and data crawling on the Website without the prior written consent of MB, and copying, publishing or using all or part of any content on the Website in this way without permission;
- 4.7.7. Using the Services, campaigns and advantages offered on the Website in bad faith and for the purpose of providing unfair benefit, violating the campaign conditions in bad faith.
- 4.8. The Buyer is obliged to carry out the transactions on the Website in a way that will not technically damage the Website in any way. The Buyer agrees that all information, content, materials and other content to be provided to the Website shall be free of all kinds of programs, viruses, software, unlicensed products, trojan horses, etc. that may damage the system. accepts and undertakes that it has taken all necessary measures, including the use of necessary protective software and licensed products, to ensure that it does not contain. The Buyer also agrees not to enter the Payment Page by robotic or automated entry methods.
5. TERMINATION OF THE CONTRACT and RIGHT OF WITHDRAWAL
- 5.1. Any of the Parties may unilaterally terminate this Sales Agreement within seven days following the sale transaction.
- 5.2. Notice of termination, notice of right of withdrawal, and other notices regarding the Contract shall be notified to the Seller in writing. Notifications not made in writing will be invalid.
- 5.3. In case of termination of the contract, the service fee purchased by the Buyer shall be returned to the buyer within 14 business days following the day on which the termination notification is transmitted to the seller in writing, according to the payment method made. Compensation Provisions are reserved.
- 5.3. In case of termination of the contract, 10% of the contract price is compensated from the buyer as a withdrawal fee and the refund is made to the buyer over the remaining price.
- 5.4. In the event of such termination, the Parties are mutually obliged to fully fulfill and compensate the rights and debts arising until the date of termination.
- 5.5. If MB determines or has a reasonable suspicion that the Buyer has violated any article of this Sales Agreement, MB has the right to suspend, terminate, sue and pursue the transaction.
6. SITUATIONS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED
- 6.1. The right of withdrawal cannot be exercised in the following cases.
- Prepared in accordance with the wishes of the recipient or explicitly in line with his/her personal needs and not suitable for return,
- Services that are not performed instantly to the buyer electronically and service works that are not possible to be delivered instantly and prepared in line with the demands of the buyer.
- 6.2. In cases where the right of withdrawal cannot be exercised, no refund will be made for the work received.
7. PRIVACY and PERSONAL DATA PROTECTION
- 7.1. MB attaches importance to the processing, security and protection of the personal data provided by the Buyer through the Website in order to benefit from the Services offered on the Website in accordance with all kinds of legislation, including the Law No. 6698 on the Protection of Personal Data. In this context, MB may collect, use, transfer and otherwise process the personal data provided by the Buyer in accordance with the Privacy and Personal Data Protection Policy on the Website.
- 7.2. Personal data shared by the Buyer in order to benefit from the Website; Personal data may be collected, stored and processed by MB or its business partners in accordance with the Privacy and Personal Data Protection Policy in order to fulfill the obligations specified in the Sales Contract, to carry out the applications required for the operation of the Website, to provide and offer various advantages to the Buyer or Visitor, to carry out payment transactions, to make order deliveries, to carry out customer service and complaint follow-up transactions, and to carry out all kinds of electronic communication, profiling, statistical studies for advertising, sales, marketing, surveys, similar purposes specific to the Buyer.
8. INTELLECTUAL PROPERTY RIGHTS
The design of the Website, its software, domain name and any trademarks, designs, logos, trade dress, slogans and all other content created by MB in relation thereto are the property of MB with all intellectual property rights. The Recipient may not use, share, distribute, display, exhibit, reproduce or create derivative works from MB’s proprietary intellectual property rights without MB’s permission. The Buyer may not use the Website in whole or in part in any other medium without the permission of MB. In the event that the Recipient acts in a manner that infringes the intellectual property rights of third parties or MB, the Recipient shall be obliged to indemnify MB and/or such third party for all direct and indirect damages and costs.
9. CONTRACT AMENDMENTS
MB may, at its sole discretion, change this Sales Agreement and any policies, terms and conditions such as the Privacy and Personal Data Protection Policy on the Website at any time it deems appropriate. For the avoidance of doubt, this Sales Contract cannot be unilaterally modified by the Buyer.
10. FORCE MAJEURE
Riots, embargoes, state intervention, rebellion, occupation, war, mobilization, strikes, lockouts, labor disputes including work actions or boycotts, cyber-attacks, communication problems, infrastructure and internet failures, system improvement or renewal works and failures that may occur for this reason, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster or other events beyond MB’s control, not caused by its fault and not reasonably foreseeable (“Force Majeure”) prevents or delays MB from performing its obligations arising out of this Sales Contract, MB shall not be held liable for its obligations whose performance is prevented or delayed as a result of Force Majeure and this shall not be considered as a breach of this Sales Contract.
11. MISCELLANEOUS PROVISIONS
- 11.1. Evidence contract. The Buyer agrees that the records of MB and the records, electronic information, electronic correspondence and computer records kept in MB’s database, servers, electronic information, electronic correspondence and computer records shall constitute binding, conclusive and exclusive evidence in disputes that may arise from this Sales Contract and that this article shall constitute binding, conclusive and exclusive evidence and that this article shall be subject to the provisions of Article 193 of the Code of Civil Procedure No. 6100. article of the Convention, it recognizes that it is an evidential contract within the meaning of Art.
- 11.2. Applicable Law and Dispute Resolution: This Sales Agreement shall be governed exclusively by the laws of the Republic of Turkey. Any dispute arising out of or in connection with this Sales Contract shall be under the exclusive jurisdiction of Zonguldak / Ereğli Courts and Enforcement Directorates.
- 11.3. Notification MB will communicate with the Buyer via the e-mail address specified by the Buyer on the Buyer’s payment page or by calling and sending SMS to the phone number. The Buyer is obliged to keep its e-mail address and telephone number up to date.
- 11.4. Integrity and Severability of the Sales Contract. This Sales Contract constitutes the entire agreement between the Parties regarding the subject matter. If any provision of this Sales Contract is held by any competent court, arbitration tribunal or administrative authority to be invalid or unenforceable or unreasonable in whole or in part, this Sales Contract shall be deemed severable to the extent of such invalidity, unenforceability or unreasonableness and the other provisions shall remain in full force and effect.
- 11.5. Transfer of the Sales Contract: The Buyer shall not assign (transfer) its rights or obligations under this Sales Contract in whole or in part without the prior written consent of MB.
- 11.6. Amendment and Waiver: The failure of either Party to exercise or enforce any right granted to it under the Sales Contract shall not constitute a waiver of such right or prevent the subsequent exercise or enforcement of such right.
This 11 (eleven) article Sales Contract has entered into force by being approved electronically by the Buyer by reading and fully understanding each provision.