KEKLİKOĞLU

PLASTİK İNŞ. SAN. ve TİC. LTD. ŞTİ.

WEBSITE TERMS OF USE AND MEMBERSHIP AGREEMENT

SIDES:

Gebze Organized Industrial Zone 1600. Sok . No 1602. 41480 Gebze / Kocaeli located at the address “Keklikoğlu Plastik İnş. San. ve Tic. Ltd. Şti..” (hereinafter referred to as “Keklikoğlu”) and all natural and legal person merchants (hereinafter referred to as “User”) who use the Website for commercial purposes by performing membership registration on the Website.

Keklikoğlu and the User will be collectively referred to as the "Parties".

VALIDITY AND IMPLEMENTATION OF THE AGREEMENT:
  • Membership registration is completed when the User or the User's Official enters the information requested for membership on the Website into the relevant fields and accepts the terms of the Agreement electronically. The user is informed about the completion of the membership registration process via the e-mail address specified on the Website.
  • Legal person merchants will also be the "member" of the Website, not the authorized (real person) who performs the membership registration on behalf of the legal person merchant, but the legal person merchant himself. Therefore, the Party to this Agreement is also a legal person merchant.
  • The completion of the membership registration process by the User or User Official means that has read the entirety of this Agreement, fully understood the content and approved all the terms.
  • This Agreement will come into force and will be valid between the Parties, as of the acceptance of the terms of the Agreement in the electronic environment by clicking on the relevant field on the Website and the completion of the membership registration process.
  • By accepting the terms of this Agreement, the User or User Official is deemed to have accepted in advance all the other terms, policies and any changes that may be made by Keklikoğlu in the future on the Website, which form an integral part of this Agreement.
THE SUBJECT OF THE CONTRACT:

The subject of this Agreement is the determination of the conditions for benefiting from the products and services offered by Keklikoğlu on the Site in the electronic environment and the mutual rights and obligations of the Parties.

SERVICES TO BE PROVIDED BY Keklikoğlu:

The services to be provided by Keklikoğlu on the Site, including but not limited to the ones listed, of the products offered for sale on the Site, according to the terms of the "B2B Product Sales Agreement" to be concluded electronically between Keklikoğlu and the User, after the price is paid by the User, the product stock status is available. in case of sale and delivery to the User.

DEFINITIONS:
  • Online Sales Website (“Website”): Keklikoğlu's this Agreement, which can be accessed from the domain name Keklikoğlu.com.tr and its subdomains. It is the website where services and products are offered for sale.
  • User: By performing membership registration on the Web Site, the "B2B Product Sales Agreement" concluded on the Web Site, which is concluded on the Web Site, in case of purchasing a product with this Agreement and using the Web Site. The real and legal persons who are the parties are the traders.
  • User Official: who performs the necessary actions on the Website on behalf of the User, in accordance with the authorizations given to him by the User, without being a member of the Website and being a party to the "B2B Product Sales Agreement" to be concluded through this Agreement and the Website. is a real person.
MEMBERSHIP REGISTRATION PROCESS AND OBLIGATIONS OF USER AND MEMBER:
  • The User or User Official completes the membership registration process in order to use the Website and to purchase the products and related services offered through the Website.
  • Keklikoğlu will not demand any fee from the User for membership on the Website.
  • The person registering for membership must be at least 18 years old. The user accepts and declares that he/she has completed the age of 18 by completing the membership registration process.
  • Membership registration process is completed when the User or the User's Authorized Person fills in the information requested for membership on the Website in the relevant fields and accepts the terms of the Agreement electronically. The user is informed about the completion of the membership registration process via the e-mail address specified on the Website.
  • It is the User's own responsibility to protect the e-mail address and password information required for "member login", in case the User is a legal entity merchant (company), only to share them with authorized persons within the legal entity (company), and not to transfer them to third parties. Any transaction performed on the Site using member information is deemed to be performed by the User. Any legal and criminal responsibility arising from these transactions belongs to the User. The User accepts and undertakes in advance that he will indemnify all kinds of damages that Keklikoğlu may suffer for this reason upon the first request of Keklikoğlu.
  • If the user determines that the e-mail address and password information required for "member login" is used without permission by unauthorized third parties and that their security has been violated in any other way, they are obliged to notify Keklikoğlu immediately and change their password through a secure browser.
  • The user is responsible for the up-to-date, correct and completeness of any information entered on the Website while completing the membership registration process. In the event that his information changes, the User is obliged to update such information. Necessary technical facilities for this are provided by Keklikoğlu. Keklikoğlu is not obliged to check the accuracy and up-to-dateness of such information.
  • Keklikoğlu is based on the User's statements on the Website while fulfilling its obligations arising from the legal legislation. The User accepts and undertakes in advance that he will not make any demands from Keklikoğlu in the event that Keklikoğlu fails to fulfill its legal obligations or fulfills it incompletely due to the inaccurate, incomplete or outdated information while performing the membership registration process.
  • The User agrees and undertakes in advance to indemnify Keklikoğlu for any and all losses incurred by Keklikoğlu due to incorrect, incomplete or outdated information provided to the Website by the User or the User Authorized, upon the first request of Keklikoğlu.
PAYMENT OF FEES AND PRODUCT PRICES:

The user is obliged to pay the product prices in the product orders he/she places immediately and completely through the payment methods defined on the Website, in accordance with the terms of the B2B Product Sales Agreement, which is separately concluded electronically with Keklikoğlu, the conditions and directions on the Website.

Keklikoğlu's RIGHTS:
  • Keklikoğlu is completely free to determine the scope, quality and prices of the products and services to be offered through the Site. If Keklikoğlu makes any changes in the services and products to be offered through the Site, the changes will come into effect upon publication on the Website.
  • The User accepts in advance that Keklikoğlu has the right to temporarily suspend or completely suspend the online product sales and the services to be offered accordingly, and that if Keklikoğlu exercises this right, the User will not make any demands from Keklikoğlu under any name. and commits.
  • Keklikoğlu, at its sole discretion, has the right to unilaterally change or amend the terms of this Agreement and/or other terms, policies and forms on the Website at any time it deems appropriate, provided that it does not contradict the provisions of the applicable legislation. Updated Agreement, terms, policies and forms supersede existing terms.
  • Keklikoğlu shares the updated Agreement, terms, policies and forms with the Users registered on the Website on the date of updating, in case of any change in the Agreement and/or other terms, policies and forms on the Website. Keklikoğlu may also inform the same Users about the changes via e-mail if it wishes. The current version of the contract and/or other terms, policies and forms will be effective from the date of their publication on the Website. From the date of publication, all services and product sales will be subject to the updated Agreement, updated terms, policies and forms available on the Website.
  • Keklikoğlu does not make any commitment whatsoever regarding the services and products offered through the Application, and in particular, does not guarantee the continuity of services and product sales. For this reason, Keklikoğlu may make changes in the services and products offered on the Website at any time, or suspend or terminate all services, product sales or any part of it, for a period of time or permanently, without giving any reason. The user cannot hold Keklikoğlu responsible in any way for changes, interruptions or removal of services and product sales from the Website.
  • The name and Internet Protocol (IP) address of the Internet service provider used by Keklikoğlu to access the Web Site for the improvement and development of the Site and/or within the framework of legal legislation, the date and time the Web Site was accessed, the pages accessed during the Web Site and the direct connection to the site. Some information may be collected, such as the Internet address of the Web site that provides it. The user agrees to the collection of this information.
  • The User, in his activities on the Website, in any part of the Website or in his communications, contains content that is against general morality and morality, unlawful, injures the rights of third parties, is misleading, offensive, obscene, pornographic, injures personal rights, violates copyrights, encourages illegal activities. declares and accepts that it will not produce or share. Otherwise, he will be fully responsible for the damages that will occur and he will indemnify all kinds of damages that Keklikoğlu will incur upon the first request of Keklikoğlu. In this case, Keklikoğlu also reserves the right to suspend, terminate such membership accounts, initiate legal proceedings and share this information in case of requests for information regarding the relevant User's account from authorized public institutions.
  • The User agrees that Keklikoğlu can monitor and process any communication between Keklikoğlu and the User and their content on the Website, keep the records of this content for at least three years in accordance with the legal legislation and transfer them to the relevant parties when necessary within the scope of the relevant legislation.
  • In case the User gives prior consent to be notified of special campaigns via electronic message, the User will be informed about special campaigns via electronic message.
OBLIGATIONS OF Keklikoğlu:
  • This Agreement and other agreements concluded electronically between Keklikoğlu and the Parties on the Website (B2B Product Sales Agreement) will be kept electronically by Keklikoğlu in accordance with the relevant legislation.
  • This Agreement is sent via e-mail to the e-mail address registered on the Website of the User who has registered for membership, following the completion of the registration process. The B2B Product Sales Agreement, which is concluded electronically for product sales, will be sent to the e-mail address specified by the User on the Website after the product sales transactions are carried out in the same way.
  • The files, information and documents available for download and/or sharing on the User Website may not be free from viruses, worms, trojans, dialer programs, spam, spyware or any other malicious and damaging code or material, and in these matters Acknowledges that the Website does not give any guarantees. It is the User's sole responsibility to meet all software and hardware needs, maintenance and updates required for the prevention of such malicious and harmful programs, codes or materials, the accuracy of data input and output, or the recovery of any lost data. Keklikoğlu is not responsible for any damages incurred by the User or third parties due to data inaccuracies or losses that may be caused by such malicious programs, codes or materials. Keklikoğlu is not responsible for any damages incurred by the User or third parties due to such malicious programs, codes or materials, data inaccuracies or losses.
INTELLECTUAL PROPERTY RIGHTS:
  • Keklikoğlu brand and logo, Site design, software, image, html code, domain name and any brand, design, logo, trade dress, slogan, designs, pictures and data and all other content created by Keklikoğlu in relation to them. All intellectual property rights belong to Keklikoğlu.
  • Users cannot use, share, distribute, display, reproduce, create derivative works from, or claim rights on any of the intellectual property rights and works owned by Keklikoğlu.
PRIVACY AND PROTECTION OF PERSONAL DATA:
  • Keklikoğlu attaches importance to keeping the information and personal data obtained through the Site confidential, processing this data in accordance with the Law on the Protection of Personal Data No. 6698 and other relevant legislation, ensuring and protecting its confidentiality and security.
  • By accepting this Agreement, the User or User Official, in Keklikoğlu's "Privacy Policy", "Personal Data Processing and Protection Policy", which is a part of this Agreement and located on the Site, including personal data of the User's information, It accepts the processing in accordance with the conditions specified in the "Cookies Policy" and the "Clarification and Consent regarding the Processing of Personal Data".
MEMBERSHIP PERIOD OF THE AGREEMENT AND MEMBERSHIP:
  • This Agreement remains in effect for the duration of the User's membership during the active period of the Website.
  • The User can terminate the account created on the Website at any time, without any notice.
  • In case the User violates this Agreement and/or other terms and policies published on the Website, Keklikoğlu reserves the right to suspend or completely remove the User's membership account. In this case, the User undertakes and accepts in advance that he will not make any claims against Keklikoğlu.
FORCE MAJEURE:

Böehlerit is not liable for late performance or non-performance of this "WEBSITE TERMS OF USE AND MEMBERSHIP AGREEMENT" in all cases that are legally considered force majeure. These and similar cases shall not be deemed as delay or non-performance or default in terms of Böehlert, or Böehlert shall not be liable for any compensation for these cases.

RESOLUTION OF DISPUTES AND AUTHORIZED COURT:
  • Turkish Law shall be applied to any dispute arising between the parties due to this Agreement.
  • The parties agree that Istanbul Anatolian Courts and Enforcement Offices will be authorized for the resolution of disputes.
MISCELLANEOUS PROVISIONS:
  • If any provision of this Agreement is found to be invalid or legally unenforceable, this will not affect the applicability or validity of the other articles of this Agreement. In such a case, the item that is found to be invalid or legally unenforceable will be interpreted as if it has been removed from the text of the Agreement and the Agreement will be performed accordingly.
  • The parties accept, declare and undertake that in disputes that may arise from this Agreement, the commercial books and records of Keklikoğlu, the data stored in Keklikoğlu's systems and on the Site will constitute conclusive evidence in all disputes in accordance with Article 193 of the Code of Civil Procedure No. 6100.
  • Böehlerit may assign this agreement in whole or in part at any time without notice. However, the User may not transfer this agreement or any part of it to another party. Such a transfer attempt is invalid.
  • All notifications to be sent to the Parties regarding this Agreement shall be made to the known e-mail address or full address of Keklikoğlu, and to the User, to the e-mail address or full address specified in the membership form. If the user does not notify in writing that the address specified when signing up is a valid notification address and that the e-mail or address change is not updated on the site, the notifications to the existing e-mail address or physical address will be considered valid.
  • Failure of a Party to exercise or exercise any right granted to it in this Agreement shall not constitute a waiver of such right or hinder the subsequent exercise or enforcement of such right.