Store Agreement

1. PARTIES

1.1. This vendor partnership and announcement Turkishexportcenter.com ("Contract") center Clothing craftsmen business and trade center 2 island c block no 32/2 34490 Başakşehir/İstanbul Turkishexportcenter.com and its headquarters at {0} {1} (" Seller").

1.2. Turkishexportcenter.com and the Seller are hereinafter referred to individually as the "Party" and jointly as the "Parties".

2. PURPOSE AND SCOPE OF THE AGREEMENT

2.1. Turkishexportcenter.com operates the online electronic commerce platform, mobile applications and mobile website named www.Turkishexportcenter.com, which accelerates communication and business processes between suppliers, intermediaries, service providers, manufacturers, consumers, commercial or non-commercial purposes, and increases efficiency, It brings the parties together for the purpose of shopping in a virtual marketplace that saves financial resources. Turkishexportcenter.com is not a seller of any product or service on the Website and is an intermediary service provider in accordance with the Law No. 6563 on the Regulation of Electronic Commerce.

2.2. Pursuant to this Agreement, the Seller is to become a member of the electronic commerce platform www.Turkishexportcenter.com managed by Turkishexportcenter.com and to sell from the Virtual Store to be established on this platform, and Turkishexportcenter.com is the electronic commerce platform owned by the Seller in return for the commission paid to him/her. wants to make the Seller benefit from its services.

2.3. The purpose of this Agreement is to determine the conditions for the Sellers to benefit from the Services offered by the business partner designated by Turkishexportcenter.com or Turkishexportcenter.com on the Website and to determine the rights and obligations of the Parties in this direction.

2.4. For the avoidance of doubt, this Agreement is only between the Parties and covers the form and conditions for the Services offered by Turkishexportcenter.com to the Seller. The relationship between Sellers and Buyers is not covered by this Agreement; In this commercial activity, Turkishexportcenter.com only gives the Seller the right to open a Virtual Store and post an advertisement in the area where this Virtual Store is located. The Seller shall be personally responsible for the sales transactions to be carried out from the Virtual Store within the framework of other legislation, especially the Law on the Protection of the Consumer No. 6502 against the Buyers.

3. DEFINITIONS

Buyer:

It refers to the member who becomes a member of the Website within the scope of the Membership Agreement made with Turkishexportcenter.com and who purchases the products and/or services offered for sale through the advertisements given by the Seller on the Website.

Service:

It refers to the advertisements, publications and similar applications offered by Turkishexportcenter.com on the Website for a fee or free of charge, in order for the Buyer and Sellers to carry out the business and transactions defined in this Agreement and to publish their products/services.

User:

It refers to all natural and legal persons accessing the Website.

Virtual Store:

It refers to the virtual area on the Turkishexportcenter.com website, which has been allocated to the Sellers in accordance with Turkishexportcenter.com procedures and rules, and where the Sellers have the opportunity to post their advertisements consisting of content and images for the sale of one or more products and/or services.

Seller:

Refers to the legal/real person member who becomes a member of the Website within the scope of this Agreement made with Turkishexportcenter.com and offers various products and/or services for sale through the advertisements he/she has posted on the account he/she has created on the Website.

Seller Office:

The Seller can take the necessary actions in order to benefit from the applications and Services offered by Turkishexportcenter.com on the website, enter the company/personal information requested from him, follow the sales transaction details, and access only with the username and password determined by the Seller. refers to the virtual page.

Website:

It means the website, mobile applications and mobile site with the domain name www.Turkishexportcenter.com, which is owned by Turkishexportcenter.com and on which Turkishexportcenter.com offers the Services determined by this Agreement.

4. RIGHTS AND OBLIGATIONS OF THE SELLER

4.1. In order to gain the title of "seller", the Seller shall first provide the documents included in the "List of Documents Required for Opening a Virtual Store" in ANNEX-1, completely and completely, during the electronic approval of this Agreement and uploading it to the Seller's Office. Although these documents are submitted in full by the Seller, Turkishexportcenter.com reserves the right to reject the Seller's application and/or request additional documents without giving any reason. The Seller, whose application has been accepted, will fill out the membership form on the Website completely and truthfully. Your turn to apply The Seller shall be personally liable for all damages that may arise due to incorrect information provided by the Seller. The Seller shall notify the persons authorized to transact on behalf of his company in the relevant form during registration, and any action to be taken by these persons shall be deemed to have been made on behalf of the Seller at Turkishexportcenter.com.

4.2. The Seller shall notify Turkishexportcenter.com of any change that may occur in the documents and information it has provided, especially the information belonging to the Seller and its authorized representative, within 15 (fifteen) days after the change occurs, and update its record in the system accordingly. liable.

4.3. The Seller will create a user name and password according to the rules announced on the Website and the relevant business content while subscribing to the Website; It will use this information to access its Virtual Store, profile page and perform some other actions. The security and confidentiality of the Seller's password and user name is entirely the Seller's responsibility, therefore he is personally and exclusively responsible for all transactions made by logging in through his own profile.

4.4. The Seller agrees and undertakes to cooperate fully with Turkishexportcenter.com in order to establish the necessary technical infrastructure that will enable all kinds of advertisements and advertisements to be published on the Website and to provide all necessary documents for this purpose.

4.5. In accordance with the Law on the Protection of Personal Data No. 6698, 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. responsible for. The Seller is also personally responsible for the authenticity, reliability, accuracy and legality of any visual, written and other information and content provided for the advertisements published on the Website and the Virtual Store. In addition, the Seller accepts, declares and undertakes not to use the Website on behalf of himself or a third party to create, control, update, change a database, record or directory and to access the personal information of other members and download them to another system. The Seller accepts that Article 7.5 of the Contract shall apply if it violates the provision of this article. The Seller shall be liable to third parties and to Turkishexportcenter.com in case all kinds of visual, written and other information and content provided for the advertisements published on the Website and Virtual Store violate the intellectual property rights of third parties.

4.6. The Seller accepts and undertakes that all the terms and conditions specified in the "Sales and Announcement Conditions" in ANNEX-4 are among the essential elements of the Contract and that it operates and will act in accordance with them.

4.7. The Seller will always continue to be the owner of all kinds of advertisements, content and images sent to the Website by him. However, the Seller reserves all necessary rights for the use of such content in screenshots and all kinds of visuals and content prepared for advertising and promotion (for example, the instant appearance of the Virtual Store in the advertisement of the www.Turkishexportcenter.com site and in digital marketing activities). Turkishexportcenter.com accepts, undertakes and declares the authority, without limitation of time and place and free of charge.

4.8. The Seller shall not encourage the Buyers who contact him through the Website to make purchases outside the Website, and will also reject the offers received in this direction. The Seller will under no circumstances act to manipulate Turkishexportcenter.com campaigns and discounts.

4.9. Turkishexportcenter.com will be able to offer the Seller the opportunity to benefit from photography studio services to help him present his products in a more professional manner. The provision of this service is at the sole discretion of Turkishexportcenter.com. Seller; In case of making use of these studio services, Turkishexportcenter.com or the studio will submit the information and documents likely to be requested by Turkishexportcenter.com or the relevant studio in accordance with the procedure regarding the use of the studio.

4.10. The Seller undertakes to act in accordance with the Payment Protection System. According to the Payment Protection System, after the Buyer purchases the product, the product price is transferred to the Turkishexportcenter.com pool account. After the Seller delivers the product to the Buyer within the specified period, the Buyer examines the product and approves the order. With this confirmation, the payment is transferred from the Turkishexportcenter.com pool account to the Seller's account. The Seller agrees that it can access and understand all the terms and conditions of the Payment Protection System on the Website (http://www.Turkishexportcenter.com/genel/odeme-koruma-sistemi-61386) and Turkishexportcenter.com will accept such transactions. empower to do ir.

5. Turkishexportcenter.com RIGHTS AND OBLIGATIONS

5.1. Turkishexportcenter.com will keep the personal and commercial information provided by the Seller during the membership process and throughout the membership in a secure environment. Turkishexportcenter.com may use this information for the purposes of advertising, marketing, posting of its and its business partners' activities and applications, credibility inquiries and other purposes, in order to carry out the applications required for the full and proper operation of the Services, to make statistical evaluations, and to third parties, limited to the stated reasons. can be explained to individuals. In this sense, the Seller will consent to the use and storage of its own information by Turkishexportcenter.com in accordance with the provisions of this article.

5.2. Turkishexportcenter.com has the title of intermediary and Intermediary Service Provider in the establishment of distance contracts within the scope of the Law No. 6502 on the Protection of the Consumer and the Law on the Regulation of Electronic Commerce No. 6563. For this reason, Turkishexportcenter.com is not obliged to control the content published by the Seller on the Website. Although Turkishexportcenter.com is not obliged to check all kinds of content, including the messaging on the Website, or to investigate whether there is an unlawful activity or situation related to this content and the product or service subject to the content, it does not control such content from time to time. and if it deems necessary, it has the right to close and delete access. Turkishexportcenter.com will also be able to take action on the content in question in order to fulfill the decision of any judicial authority, including the court and the arbitral tribunal, and to this extent.

5.3. If Turkishexportcenter.com determines that any content published by the Seller on the Website is contrary to the current legislation, the right to remove this content immediately is always reserved. In such a case, the Seller cannot claim any compensation from Turkishexportcenter.com under any name.

6. FINANCIAL MATTERS

6.1. Provided that the Seller fully and duly fulfills the obligations set forth in this Agreement, the Seller will be able to benefit from the Services and will be entitled to a fee for the sales transactions to be carried out through the Website. The commission rates, payment terms and other financial conditions to be applied to the Seller by Turkishexportcenter.com will be applied as determined in the "Financial and Special Working Conditions" in ANNEX-3.

6.2. The Seller is obliged to issue an invoice or retail sales receipt for the product and service sold pursuant to Article 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 issuing an invoice.

6.3. Pursuant to Article 7.5 of this Agreement, Turkishexportcenter.com may deduct any loss, loss, expense, expense or claims of third parties from the Seller's current account at its sole discretion or collect it from the Seller in person.

7. TERM OF THE AGREEMENT, TERMINATION AND DAMAGES

7.1. This Agreement will enter into force upon approval by the Seller electronically and is valid for an indefinite period from the effective date.

7.2. The parties may terminate this Agreement at any time, without any reason and without obligation to pay compensation, by giving written notice. In case the Contract is terminated by Turkishexportcenter.com in this way, the Seller agrees and undertakes to pay the fees related to the service provided by Turkishexportcenter.com until the termination date. This termination will only affect the relationship of the Parties; All responsibilities that may exist towards the Buyers regarding the sales made by the Seller through the Virtual Store will continue.

7.3. In the event that one of the parties goes into bankruptcy, requests for postponement of bankruptcy, becomes insolvent, proposes a concordat, appoints a trustee, enters into liquidation or initiates an action for termination, the Agreement will automatically terminate.

7.4. The parties accept that each of the terms and conditions in ANNEX-4 of this Agreement is fundamental and that Turkishexportcenter.com has the right to terminate the Agreement immediately in case of violation of these terms and conditions. In addition, even if Turkishexportcenter.com does not exercise its right to terminate the Agreement, Turkishexportcenter.com will always have the right to temporarily suspend and suspend the Services in case of such violations. In these cases, the Seller will continue to have all kinds of responsibility towards the Buyer.

7.5. Turkishexportcenter.com may directly or indirectly incur any legal/administrative/penalty damages, losses, damages or losses incurred by Turkishexportcenter.com due to the Seller's violation of one of the provisions of this Agreement or failure to comply with the sales rules announced in the Seller's Office. Turkishexportcenter.com is obliged to fully and promptly compensate the waste, expenses and requests of third parties, without the need to apply to any authority and upon its first request. For the avoidance of doubt, Turkishexportcenter.com's exercise of such right is independent of whether Turkishexportcenter.com terminates the Agreement and Turkishexportcenter.com is entitled to such compensation without terminating the Agreement.

7.6. The Seller may initiate any legal proceedings against Turkishexportcenter.com, including lawsuits, consumer complaints, prosecution investigations and enforcement proceedings, or any action from banks, ministries, judicial or administrative authorities, police departments and any other private or public institutions. If the information or document is requested, Turkishexportcenter.com will immediately provide all the information and documents required to defend itself or to present the requested information or documents. Any damages and/or penalties that may arise due to information and documents not provided to Turkishexportcenter.com by the Seller within the requested period shall be reflected to the Seller. In addition, these amounts can be collected from all stores belonging to the Seller. In addition, Turkishexportcenter.com's notification of a lien from any enforcement office or a similar authority against the Seller, Turkishexportcenter.com Seller's behavior that may constitute fraud or forgery, or that counterfeit products are sold in the Online Store. Turkishexportcenter.com, the Seller's balance in Turkishexportcenter.com account, limited to the specified amount if a lien notice is available; in other cases, it may block a reasonable amount to cover the said violation or victimization for a period of 120 (one hundred and twenty) days and without notifying the Seller.

8. CONTRACT CHANGES AND NOTICES

8.1. By approving this Agreement electronically, the Seller shall be a party to the Agreement and be bound by the provisions of the Agreement. Turkishexportcenter.com reserves the right to change the terms and conditions of this Agreement unilaterally at any time it deems necessary. For the avoidance of doubt, Turkishexportcenter.com has the right to make additions to the Agreement, including those relating to the partial or full payment of certain services.

8.2. The said Agreement changes are made by Turkishexportcenter.com (i) by sending an e-mail to the address that the Seller has given when signing up for the Turkishexportcenter.com Website, (ii) is announced on the Seller's Office (https://Turkishexportcenter.com/) screen, or (iii) It can be done by publishing it on the website. The amended provisions of this Agreement will become valid on the date of their announcement, and the remaining provisions will remain in effect and continue to have their provisions and consequences.

8.3. For the avoidance of doubt, Turkishexportcenter.com is not obliged to notify the Seller of the Contract changes that it has to make in accordance with the legislative changes that occur after the signing date of the Contract. In addition, the details of the Services to be offered on the Website and the campaigns implemented by Turkishexportcenter.com, the display times of the products, additional opportunities and technical features may be changed by Turkishexportcenter.com without prior notice. Changes made by Turkishexportcenter.com will be effective and binding on the date of publication, Seller is obliged to follow these changes on the Website and fulfill the requirements of the changes.

8.4. The Seller, without waiting for any prior notification by Turkishexportcenter.com, to follow the campaigns and discounts announced and applied on the Turkishexportcenter.com Website, to apply all the campaign conditions regarding the products included in the campaign, and to comply with the Buyer requests that come to him in accordance with all the campaign conditions. responsible for managing.

8.5. The parties will communicate via the e-mail address that the Seller provided while subscribing to the Website or through notifications to be sent to their physical mail addresses by registered mail with return receipt requested. Sending an e-mail to the Seller's address registered on the Website will be considered a written communication, and it will be the Seller's obligation to check the e-mail address regularly. In the event that the address and/or e-mail addresses notified by the Seller change, 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. Notice of the Other Party's default, termination of the Contract and withdrawal from the Contract Article 8.5 of this Agreement shall also apply to employees.

9. PRIVACY

9.1. All kinds of commercial, financial, patent and know-how, information, invention, business, method, copyright, brand, customer information and all other information obtained by the Parties about each other during the performance of this Agreement will be considered as "Confidential Information". and will be treated as 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 unless the receiving Party has obtained the prior written consent of the disclosing Party or such disclosure is required by applicable law or a court order. Turkishexportcenter.com reserves the right to transmit Confidential Information to other Users who may be a party to the dispute in order for other Users to exercise their legal rights in disputes between members and only to this extent.

10. INTELLECTUAL PROPERTY RIGHTS

10.1. Turkishexportcenter.com brand and logo, design, software, domain name of Turkishexportcenter.com mobile application and Website, and any and all trademarks, designs, logos, trade dress, slogans and all other content created by Turkishexportcenter.com in relation thereto. It is the property of Turkishexportcenter.com with intellectual property rights. The Seller may not use, share, distribute, display, reproduce or make derivative works from the intellectual property rights of Turkishexportcenter.com or its affiliates without the permission of Turkishexportcenter.com. The Seller cannot use the Turkishexportcenter.com mobile application and the Website in whole or in part on another website without permission.

10.2. The Seller undertakes not to violate the intellectual property rights of Turkishexportcenter.com and third parties in all its activities through the Turkishexportcenter.com mobile application and Website. Turkishexportcenter.com reserves the right to terminate the contract of third parties or the Seller, which acts in violation of the intellectual property rights of Turkishexportcenter.com. The Seller agrees that Article 7.5 of the Contract shall apply in case of breach of this provision.

10.3. Turkishexportcenter.com attaches utmost importance to respecting intellectual property rights in the activities carried out on its website and Turkishexportcenter.com mobile application and to ensure that there is no violation in this regard. Therefore, in order to create a reconciliation mechanism regarding counterfeit products and all kinds of other trademark and intellectual property rights violations on both the Website and the Turkishexportcenter.com mobile application, and to minimize the problems that the Sellers may face before the judicial authorities, a Brand Protection Center (“Center”) ) has been created. The Center will accept and investigate the complaints of the right holders claiming that their trademark or any other intellectual property rights have been violated through the Website. If he sees the complaint on the spot, he will be able to contact the Seller in order to reconcile the parties and request that he remove the content causing the violation and forward the information of the Seller in question to the complainant. Turkishexportcenter.com reserves the right to request additional information and documents in order to carry out the examination. In order to leave no room for doubt, the purpose of the said Center is to mediate the resolution of intellectual property violations that may occur on the Website through conciliatory means. The Center cannot be interpreted as Turkishexportcenter.com acting as a decision maker or assuming responsibility in such cases.

11. FORCE MAJEURE

11.1. Employer-employer disputes, including riots, embargoes, government intervention, riots, occupations, wars, mobilizations, strikes, lockouts, labor actions or boycotts, cyber-attack, communication problems, infrastructure and internet failures, system improvement or renovation works, and Failures, power cuts, fires, explosions, storms, floods, earthquakes, migrations, epidemics or other natural disasters that may occur due to any reason, or other events that are beyond the control of one of the Parties, are not caused by a fault and cannot be reasonably foreseen ("Force Majeure"). If any of the parties ("Affected Party") prevents or delays the performance of its obligations arising from this Agreement, the Affected Party shall promptly notify the other Party in writing of this Force Majeure, all details and evidence thereof, and the probable duration of this situation. liable. The Affected Party is obliged to use reasonable efforts to prevent or mitigate the consequences of Force Majeure.

11.2. Provided that the Affected Party has complied with its obligations in this article, it cannot be held responsible for its obligations that are prevented or delayed as a result of Force Majeure, and this situation is not considered a violation of this Agreement and The time required shall be extended by a period equal to the duration of the said delay.

12. APPLICABLE LAW AND RESOLUTION OF DISPUTES

12.1. This Agreement will be governed exclusively by the laws of the Republic of Turkey.

12.2. Any dispute arising out of or in connection with this Agreement shall be under the exclusive jurisdiction of Istanbul Central (Çağlayan) Courts and Enforcement Offices.

13. MISCELLANEOUS PROVISIONS

13.1. Evidence contract. The Seller declares that the official books and commercial records of the Parties and the e-archive records, electronic information and computer records kept in Turkishexportcenter.com database and servers shall constitute binding, final and exclusive evidence in disputes that may arise from this Agreement and that this article shall be subject to Law No. 6100. It accepts that it is in the nature of an evidential contract within the meaning of Article 193 of the Code of Proceedings.

13.2. Relationship of the Parties. Nothing in this Agreement shall be construed as establishing an agency, dealership, distributorship, partnership or joint venture relationship between the Parties or their full or partial successors.

13.3. Integrity of the Agreement. The annexes of this Agreement form an integral part of this Agreement and are considered and interpreted together with this Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all previous oral or written drafts, agreements, arrangements and understandings between the Parties regarding the subject 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 wholly or partially invalid or unenforceable or unreasonable, this Agreement shall be deemed severable and other provisions to the extent that such invalidity, unenforceability or unreasonableness is determined. will remain in full force.

13.5. Transfer of Contract. The Seller shall not assign its rights or obligations under this Agreement, in whole or in part, without the prior written consent of Turkishexportcenter.com.

13.6. Amendment and Waiver. Failure of a Party to exercise or exercise any right granted to it in the Agreement shall not constitute a waiver of such right or prevent the further exercise or enforcement of such right.

This Agreement, which consists of 13 (thirteen) articles, has been entered into force by being concluded by the Parties reading each provision and approved by the Seller in electronic environment.