Article 1 - Introduction
This user agreement (şart contract ler) and other rules on dkfon.com, (¨ sitı) regulates the terms and conditions of the services provided by dkfon.com. All policies and rules contained in this site are an integral part of this contract and constitute the annex of this contract.
This contract is with you, (Address to be written) at dkfon.com, Bilgi Teknolojileri Sanayi ve Ticaret A.Ş. between. By using our services, you agree to the terms and conditions of this agreement.
Article 2 - Duration
The registration process is completed by entering the required credentials by you and confirming the e-mail to be sent to the e-mail address provided by you. This contract is valid for all users. This contract; For new users, the membership will take effect on the date of registration, upon the approval of existing users.
Article 3 - Scope
dkfon.com provides a virtual marketplace that allows you to sell and / or purchase products and / or services over the internet. dkfon.com is not the owner or reseller of the products and / or services listed on this site.
dkfon.com does not make any representations, warranties or warranties regarding the accuracy, quality, safety or legitimacy of the products and services provided by users, and whether such products and / or services are legal.
Article 4 - Services
services provided by dkfon.com, briefly;
a. The goal is to provide vendors with a platform where they can present their products and / or services by creating their own content, while buyers can view and order a large number of products and / or services in different categories.
b. Vendors and buyers may communicate with the site infrastructure on the sales price, delivery terms and payment terms of the products and / or services and agree on the order conditions.
2.First Risk® System
a. Dkfon.com, which is not the party of the sales contract, provides the buyer and seller with the Zero Risk® System at the payment stage of the trading process. Failure to collect the price for the delivery of goods to the seller; the buyer, on the other hand, aims to protect against the risk of not delivering the goods at all or under the required qualifications and conditions.
b. The safe account, which is controlled and managed by dkfon.com under the Zero Risk® System, is operated in accordance with the Zero Risk® System rules contained in this contract and its annex.
c. The functioning of the Zero Risk® System is as follows:
D. After ordering the product and / or service, the buyer transfers the price of the product and / or service to the secure account at the bank managed by dkfon.com, and notified to the Seller that the product and / or service price has been deposited into the secure account.
to. The seller sends the product and / or service to the buyer's address and sends the shipment information to the site after the buyer has paid the Secure Account. The buyer who receives the product and / or service delivered gives approval through the site for the transfer of the product and / or service price to the seller's bank account if the product / service meets the agreed qualifications and conditions.
f. If the seller does not deliver the product and / or service to the buyer, or if it is determined that the product and / or the service sent by the buyer does not bear the specified qualifications or if the buyer gives up the purchase of the product and / or service, the product / service fee will be returned to the buyer from the secure account. .
g. 3 (three) business days + within 24 hours after the buyer enters the shipping information of the product or information regarding the performance of the service.
If it does not provide a return notice, the product and / or service fee is transferred to the seller's account. For this purpose, following the completion of 3 (three) working days, a reminder message will be sent to the recipient's e-mail account by dkfon.com. In case the Buyer does not transmit the complaint about the product and / or the service within 24 hours following the e-mail message, the product and / or service fee will be transferred to the seller.
If the buyer does not give a confirmation or return notification within 3 (three) working days + 24 hours, the transfer of the product and / or service fee to the seller's account is not an obstacle to the exercise of the right of withdrawal. The Purchaser may use the right of withdrawal within fourteen days pursuant to the Consumer Legislation without giving any justification and without paying any penalty.
h. In case of any dispute between buyer and seller, dkfon.com has the right to block the product and / or service fee in the secure account until a settlement is reached or a court / arbitral tribunal decision is taken.
I. Users shall be responsible for any taxes, duties, charges or similar obligations arising from the sale or sale of products and / or services purchased from Zero Risk® System and dkfon.com, utilizing their services, or any taxes, funds, for importation, in case the product is imported. they are responsible for other obligations.
I. Zero Risk® and Auction-like pricing models are not applied for sales in real estate, automobile, motorcycle and other categories that can be determined by dkfon.com.
3. Tool Service Provider
By controlling the content provided by the Seller and / or the Buyer, dkfon.com, which mediates the establishment of distance contracts within the scope of the Law on the Protection of the Consumer numbered 6502 and the Regulation on Electronic Commerce no. and is not responsible and liable to investigate whether there is any unlawful activity or situation related to the service.
In order to ensure the functioning of the Zero Risk System defined in this user agreement, the Seller assigns the representative of dkfon.com, exclusively to the collection of the costs related to the products and / or services offered for sale to the Buyer on his own behalf and account. The Purchaser shall pay the payment for the products and / or services to dkfon.com, in the capacity of the Seller, and pay the obligation to pay under the contract of purchase and sale. In case the above-mentioned representation is canceled by the Seller, dkfon.com reserves the right to terminate the User Agreement and to cancel the Seller's membership.
When you enter the site or use the services of dkfon.com, the following procedures shall be deemed to be clearly contrary to the contract:
1. Product, service and content are listed in the wrong category,
2. Violation of the rights of third parties and / or breach of this contract or its annexes,
3. Violation of intellectual and / or industrial property rights, such as the sale of counterfeit products or copyright, trademark of third parties,
4. Not having legal capacity to act (such as being under 18 years of age) or using minfon.com services if you are barred from membership.
5. Not delivering the products and / or services, or not paying the purchased product and / or services,
6. manipulating prices or interfering with other users' lists,
7. Deceptive, misleading, incomplete, incorrect content placement,
8. Transfer of the user account or name without the written consent of dkfon.com,
9. Sending spam, unsolicited or mass electronic communication or sending chained e-mail,
10. distribution or dissemination of viruses or technologies that may harm dkfon.com, or its users,
11. Including behaviors to disrupt the user profile evaluation system, dkfon.com, infrastructure, damage to the system,
12. Entering the site with robot or automatic input methods for any purpose,
13. Collection, storage of e-mail or other personal information of the users without the prior written approval of the users,
14. Re-selling, sharing, distributing, reproducing, processing, processing of any part of the intellectual and / or industrial property subject matter including but not limited to (design, text, image, html code and other codes).
15. dkfon.com, the brand name and the name of the user with the name of the similar phrases / shop name and the third party's trademark rights, including the violation
identification of user / shop names. If you are a member as a legal entity, you represent and warrant that you are authorized to represent and bind the relevant legal entity. Otherwise, you agree to be personally responsible for the obligations and obligations arising. By being a party to this agreement, you agree that dkfon.com may monitor and process any communication and content between users and may keep and store records of such content for at least 3 years as required by law and may give them to the relevant parties as required by the law.
16. All kinds of transactions that will ensure the transfer of money and conduct behaviors that will manipulate the functioning of the site, which are not in the nature of the sale of products and / or services between the memberships of your members and / or other members and / or your acquaintances.
Article 6 - Conditions of Sale
When you list products and / or services, you agree to be bound by the following terms and the "Rules for Sellers" as seller:
1. You agree that you shall deliver / perform the product and / or service in a timely manner and without discretion.
2. The Law on the Protection of Consumers shall comply with all regulations on consumer protection, including the Regulation on Distance Sales; You agree to abide by the rules.
3. As Seller;
a. you are authorized to list and sell the products and / or services on the site, you have the right of ownership of the products you have listed or the right to be sold, b. that the products and / or services have been put into the market and / or sold and / or imported in accordance with the legislation, that there is no obstacle, original, unmodified or aggravated for the publication, sale and sale of these products and services on the internet,
b. you are authorized to use the trademark, logo and other content related to the products and / or services and to grant the license in this agreement,
c. the products and / or services related to the brand, logo, images, technical specifications, price information, including the content necessary for the promotion of the Law on Intellectual and Artistic Works and other relevant laws envisaged in the processing, reproduction, dissemination, representation and sign, TV channels, internet broadcasting, broadcasting, broadcasting and republishing, including broadcast media, radio and television, satellite and cable broadcasters or radio transmitters, such as digital transmission; providing public access and access to third parties through digital media, including the Internet; shall not be subject to any place, content or number limitation in domestic or foreign, with respect to the right to transmit and make available to third parties through smart device applications and / or in various forms of mobile vehicles / environments and / or through technologies to be developed after the date of contract; You are granting a non-exclusive free license to dkfon.com during the contract period,
D. that all kinds of tax liabilities, including customs duties, are fulfilled,
to. You agree to comply with all applicable legislation, in particular those applicable to tax legislation, customs, export, import, consumer protection, electronic commerce, competition, advertising, intellectual and industrial rights.
f. You agree to abide by the rules set by dkfon.com for sales made with an auction-like pricing model.
g. In cases where you violate this contract and / or legal regulations, you agree that you will be liable for the actions and actions to be requested by dkfon.com in respect of the transaction or action in violation of which you will be responsible for.
h. As a seller, if you have made a third party supplier of any transactions made through the user account on the site, you acknowledge that you are responsible for the supplier's activities against dkfon.com with the supplier.
Article 7 - Listing
you agree to act in accordance with the Listing Guidelines attached to the product when providing products and / or services for sale.
1. You acknowledge that the products and / or services listed are current and legal and that you are responsible for the listing of products and / or services that are subject to legal restrictions in accordance with these legal restrictions.
2. Products and / or services in the prohibited products and / or services list, which are prohibited to be sold in accordance with the legal regulations or which will become prohibited in the future, shall not be available for sale.
Article 8 - Fees
Fees for listing are announced in the "Rules for the Seller" section. dkfon.com will be able to change the remuneration policy and fees from time to time by 30 days in advance of announcements or messages. Users who do not accept this change will be entitled to leave their membership within 30 days without compensation and without penalty.
In the event that the products and / or services are delivered on time or in accordance with the qualifications specified on the site, or if the products and / or services are returned or the sales are canceled, the fees received by the seller will not be refunded by dkfon.com.
dkfon.com, where it considers it necessary, but not limited to the following, for reasons arising from the Seller, or as a result of abuse of the system as a result of misuse or damage to the future or the 3rd party or the public institution to make or remain in the payments or penalties, Vendor reserves the right to hold or deduct from its receivables from other product or service sales. The seller accepts in advance the right of holding, imprisonment and deduction of dkfon.com, as set forth in this article.
a. Payments made by the reverse charge-charge-back transactions of the banks,
b. All payment items, including court costs, which minfon.com has had to pay, or possibly have to pay, due to decisions of Consumer Courts,
c. As a result of the abuse of the system, all loss and loss items that are exposed to,
D. Due to the seller, dkfon.com, administrative fines and other payments to which the Public Institutions and Institutions may or may not be able to remain.
Article 9 - Conditions of Purchase
You agree to comply with the etmek Rules for Buyers Alım when purchasing.
Article 10 - Intellectual Property
The site's design, image, html code, including but not limited to all content created by dkfon.com, on the site dkfon.com, and the Dkfon brand and logo belong to dkfon.com, or Dkfon. Users may not use, share, distribute, reproduce, reproduce, or derive any works of intellectual property rights of dkfon.com and Dkfon.
Article 12 - Termination
Any of the parties may unilaterally terminate this Agreement and its annexes at any time. In the event of such termination, the parties shall mutually exercise the rights and debts born up to the date of termination. dkfon.com will not be liable for any compensation if the agreement terminates unilaterally.
dkfon.com may immediately terminate the contract and your membership unilaterally if you breach this agreement and its annexes. In this case, you acknowledge that you are responsible for all damages and losses caused by dkfon.com.
Article 13 - Responsibilities
You, i) will use actions or transactions violating this agreement ii) brand, logo and content iii) the products and / or services you have listed iv) ad, promotion, campaign or publicity and v) dkfon.com due to acts and actions contrary to legal regulations, , dkfon.com, employees and managers, dkfon.com, the material / moral, direct / indirect damages and all expenses incurred by its users (costs and legal expenses, etc.), expenses and, in particular, compensation and administrative fines have been done You are deemed to be irrevocable to pay in full and in full with all of your subscribers within 7 (seven) days following the first written request of dkfon.com, without prejudice to the provisions of any legal authority.
dkfon.com has the right to deduct these costs from the balance in the secure account, or to block them.
dkfon.com is limited to the sum of fees and commissions collected by dkfon.com, if any, from the user, as of the date of the event that caused the loss on the basis of this contract, excluding the liability of the contract, intentional and gross negligence cases arising from this contract.
Article 14 - General
1. Any Party shall not be liable to the other party for any failure to fulfill or delay due to force majeure. Force majeure is an unforeseen and unpredictable event, except for the reasonable control of the parties. Public uprising, war, government restrictions and administrative decisions, embargo, implementation of the government or an institution, internet speed and outages, natural disaster, storm, fires, accident, sabotage, explosion, terrorist attack, material or consumables, Material shortness, strike and lockout are considered force majeure.
2. The parties shall not transfer their rights and obligations arising from this contract to any third party, except for the transfer of dkfon.com to its own group companies.
3. All notifications to be made by you will be made to the e-mail address or physical address you have specified in the system in writing or electronically. If you do not notify us in writing of any email or change of address, or if you do not update the site, the notification to your existing email address or physical address will be deemed valid.
4. Users can subscribe to the site by dkfon.com, by telephone, call centers, automatic search machines, e-mail, SMS and so on. With announcements and campaigns to be made by means of tools, dkfon.com determines their preferences for not being aware of the communication studies about the surveys to be made. Users agree, declare and undertake that such communication preferences will be valid for dkfon.com, mobile applications and within the mobile site. Users can stop electronic business messages to be sent to them at any time and free of charge through the Notifications section on the My Personal page after their member registration is completed, or they can change the commercial message channels.
6. dkfon.com may change this agreement at any time through the Messages section of the e-mail or on My Personal page or by posting the updated items at dkfon.com,.
7. Policies and rules on our site may be changed periodically. The changes will take effect on the date they are posted on dkfon.com.
8. Turkish law shall be applied in the case of legal disputes arising from the application and interpretation of this contract. Istanbul Çağlayan Courts and Enforcement Directorates will be authorized among the parties in all disputes arising from the interpretation or application of the provisions of this agreement.
9. The parties agree that the books and records, computer records, confirmed fax messages, e-mails of the parties, in case of disputes arising out of this contract, shall constitute valid, binding, evidence.
10. If any provision of this contract by a court or other competent authority is determined to be wholly or in part invalid or unenforceable, the validity of the other provisions of this Convention and the remainder of that provision shall not be affected.
11. The use or late use of dkfon.com's rights shall not constitute a waiver of this right.
12. Nothing in this Convention shall be construed as a representative, agency, partnership or other joint venture, between the parties.
13. Buyer and Seller, dkfon.com, under the Law on Consumer Protection and mediating the establishment of a distance contract and under the Act on Electronic Commerce Regulatory Service under the title of Service Provider, and therefore the content provided by the Seller and / or Buyer, accept, declare and undertake that they are not responsible and liable to investigate whether there is any unlawful activity or situation related to the goods and services subject to this content or content.
14. dkfon.com will make the best possible commercial and technical effort to ensure that its ads, bids and business messages are related to your interests and / or use of the site.
Article 15 - Annexes
Users acknowledge that the rules and policies published on the site are an integral and integral part of this contract. Users also agree to read and understand the following rules.