This agreement includes the rules required to benefit from the services available on our website.
BY BECOMING A MEMBER OF AND MAKING TRANSACTIONS ON OUR WEBSITE, YOU AGREE AND DECLARE THAT YOU HAVE READ THIS USER AGREEMENT, UNDERSTOOD ITS CONTENT, ACCEPTED AND CONFIRMED ITS PROVISIONS.
This TUSETA User Agreement, which includes documents and and an annex, Confidentiality Policy that are referred by the agreement and that are integral parts of the agreement, have been issued at the user's confirmation of the agreement in electronic form, which is executed between TUSETA and the User becoming a member of the website www.tuseta.com in order to become a member of the website www.tuseta.com.
The User, by becoming a member of the website www.tuseta.com, declares that he has read the user agreement, understood the content as a whole and confirmed all the provisions.
TUSETA : means TUSETA Yönetimi ve Tur Tic. Ltd. Şti.
The Seller : means TUSETA Yönetimi ve Tur Tic. Ltd. Şti.
The User : means persons becoming a member of the Website www.tuseta.com and benefiting from the services available on the Website www.tuseta.com within the scope of the provisions stated in this Agreement.
The Buyer : means the User purchasing goods and services offer for sale by TUSETA via using the services available on the Website www.tuseta.com
Website : means the website with the domain name www.tuseta.com and sub-domain names affiliated with this domain name.
TUSETA Services (“Service” in short) : mean the applications provided by TUSETA in order to let the Users carry out operations and transactions on the Website that are described in this Agreement.
TUSETA may perform changes and/or adjustments in the Service at any time in order to let the Users carry out operations and transactions on the Website that are described in this Agreement more efficiently.mpany and/or organization manufacturing the materials sold by TUSETA. Factory : means manufacturing place of the Manufacturers. Depot: the place where the materials sold by TUSETA are kept.
3. SUBJECT AND SCOPE OF THE AGREEMENT
The subject of this Agreement is to determine the services available on the Website, conditions to benefit from these services and rights and obligations of the parties. The scope of this Agreement is all warnings, articles and explanations made by TUSETA regarding usage, membership and services present in this Agreement, its annexes and on the Website. The User, by accepting the provisions of this Agreement, accepts all the declarations by TUSETA regarding usage, membership and services. The User agrees, declares and guarantees to comply with all the provisions stated in the mentioned declarations.
4. MEMBERSHIP AND TERMS OF SERVICE
a) The membership is completed when registration is made by the person willing to be a User via sending the identity information required for being a member of the Website through the relevant section of the Website and then registration is approved by TUSETA. If the membership is not completed, rights and powers of the User set out in this Agreement cannot be acquired.
b) In order to be a member of the Website, you should be at full age and your membership should not have been cancelled by TUSETA before for any reason. Persons who are not at full age or whose membership has been sustained or cancelled by TUSETA before, cannot become a member although they complete the Website registration transactions.
5. RIGHTS AND OBLIGATIONS
5.1 Rights and Obligations of the User
a) The User agrees that s/he shall comply with all the conditions present in this Agreement, rules set out in relevant sections of the Website and all the effective regulations when s/he fulfills the membership procedures, benefits from the Website services and making any transaction regarding services on the Website and accepts that he has understood and confirmed all the above mentioned conditions and rules. The User cannot inform other users about special discount rates provided to him/her by TUSETA, s/he considers this information as a commercial secret between the parties of this Agreement and preserves it.
b) The User agrees that TUSETA shall be authorized to disclose confidential/private/commercial information of the User to public authorities in case where TUSETA is obliged to disclosure to public authorities in accordance with the provisions of the effective regulations and no compensation shall be claimed from TUSETA under any title.
c) Matters about security, secrecy and use of system access means (user’s name, password etc.) used by the User to benefit from the services provided by TUSETA are under responsibility of the User. TUSETA does not have any direct or indirect responsibility on damages, from which the User and/or third parties suffer due to negligence and fault of the User on security, secrecy and use of system access means
d) The User agrees and guarantees that the information and content provided by him/her within the framework of the Website are true and lawful. TUSETA is not responsible for investigating honesty of the information and content communicated to TUSETA or loaded, changed and provided by the User through the Website; s/he is not obliged to neither responsible for undertaking and guaranteeing that this information and content are reliable, correct and lawful and s/he cannot be held responsible for any damages that might occur due to false and faulty information and content.
e) The User, without written consent of TUSETA, cannot transfer a part or whole of this Agreement or a part or whole of their rights and obligations within the scope of this Agreement to third parties.
f) Persons benefiting the services provided by TUSETA and using the Website can carry out transactions on the Website only for lawful purposes. Legal and criminal responsibility of all the operations and transactions made by the User on the Website belongs to the Users. Except for technical documents that are present on the Website and that can be used freely, the User agrees and guarantees that s/he shall not duplicate, copy, distribute and process any picture, text, visual and audible images, video clips, files, databases, catalogues and lists present on the Website, which may constitute infringement against real and personal rights and assets of TUSETA and/or any other third party, and s/he shall not compete against TUSETA via these actions or other ways directly and/or indirectly. TUSETA cannot be held directly and/or indirectly responsible for damages, from which third parties suffer due to the User's transactions on the Website, which are contrary against provisions of this Agreement and law.
5.2 Rights and Obligations of the Buyer
a) The User is entitled to purchasing the relevant products when he makes the payment to TUSETA for relevant orders for the products displayed on the Website by TUSETA for sale. In case where TUSETA does not make the delivery within the designated period, the Buyer is entitled to waiting for the new designated period or demanding refund of his/her money. However, this right is only effective for the products identified as “available in stocks” on the Website. TUSETA does not have any obligation about cancellation of orders and refunding for products other than the aforementioned products.
b) The Buyer accepts and declares that TUSETA doesn’t have any commiting or guarantee obligations for the truth of any of the technical documents, certificates and the written and/or visual information which was mentioned in the explanations of the products.
c) The Buyer is responsible for maintaining an authorized representative for the delivery of the ordered goods in the designated address. The authorized recipient is responsible for the declaration of the goods are delivered in the exact quantity without any defects and faults as it is written in the waybill or s/he has to reject the goods which he finds defects or faults. All the other delivered products cannot be returned.
5.3 Rights and Obligations of TUSETA
a) TUSETA keeps the right for changing the service and contents of the Website, closing the logging in and deleting the information loaded to site by the User. TUSETA can use this right without any pre-declaration and pre-information.
b) Links can be given over the Website to other websites and/or portals, files and contents owned or operated by third party sellers, suppliers and other third parties, which are not under control of TUSETA. These links may be provided by the User or by TUSETA only for reference means and they are not declarations or guarantees about content or information of the Website or to support the Website or the operator. TUSETA does not have any responsibility for services or products or their content provided on portals, websites, files and contents accessed through links provided on the Website.
c) TUSETA may use User information present on the Website or User information regarding the membership for User security, fulfillment of his/her own obligation and some statistical evaluations. S/he may classify and keep them on a database.
d) TUSETA reserves the right to change prices of the products for sale at any time. TUSETA does not have any restrictive obligation to make a declaration or grant a respite for these changes.
e) The User and TUSETA are legally independent parties. There is no partnership, representation or employer-employee relation between them. No partnership, representation or employer-employee relation shall arise as a result of approval and execution of this Agreement.
Services provided by TUSETA are based on the fact that the User shall access all the technical information, certificates and implementation details of the products, give on-line orders with discounted prices specially designated for them, make on-line payments, take delivery of the products available in stocks as soon as possible after payment is made by the User.
7. CONFIDENTIALITY POLICY
TUSETA may use the information present on the Website about the User within the scope of the Confidentiality Policy, which is attached to this Agreement and an integral part of this Agreement. TUSETA cannot let third party persons and organizations use private information of “the users” except for the conditions set out in Article 5.1 of this Agreement.
8. MISCELLANEOUS PROVISIONS
8.1 Intellectual Property Rights
a) The User cannot resell, share, distribute, exhibit all the components of the Website (including but not limited to design, text, image, html code and other codes), TUSETA services, TUSETA information and operations subject to TUSETA’s copyrights and they cannot let third parties access or use TUSETA services; otherwise, they shall be obliged to compensate the amount claimed from TUSETA, legal expenses and attorney’s fees due to damages, from which third parties including licensors suffer. The User cannot duplicate or distribute operations subject to TUSETA's copyrights or cannot carry out or prepare operations derived from those operations.
b) TUSETA reserves all the assets including all kinds of material and intellectual property rights owned through TUSETA, Services, TUSETA information, TUSETA copyrights, TUSETA trademarks, TUSETA commercial outlook or the Website, real and personal rights and all the rights dedicated to commercial information and know-how.
8.2 Amendments in the Agreement
TUSETA, at its own discretion and unilaterally, may amend this Agreement at any time by declaring on the Website. Amended provisions of this Agreement shall become effective on the date of declaration and other provisions shall remain the same and have the same results. This Agreement cannot be amended by unilateral declarations of the User.
8.3 Force Majeure
TUSETA shall not be held responsible for delayed or faulty fulfillment or non-fulfillment of the obligations set out in this Agreement in all the cases legally considered to be force majeure. These cases shall not be deemed to be delayed or faulty fulfillment, non-fulfillment or default of TUSETA and no compensation shall be claimed from TUSETA under any title. The term force majeure shall be interpreted as events out of reasonable control of the concerned party and unavoidable events despite due diligence of TUSETA including, but not limited to, natural disasters, riot, war, strike, communication problems, infrastructure and internet failures, power failures and bad weather conditions.
8.4 Applicable Law and Jurisdiction
Turkish Law shall be applicable on execution and interpretation of this Agreement and on direction of the legal relations arising within the scope of this Agreement. Istanbul Courts and Debt Collecting Agencies are competent for settlement of all kinds of disputes arisen or to arise from this Agreement.
8.5 Termination of the Agreement
This agreement shall remain in force as long as the User remains as a member of the Website and continue to be effective between the parties. The Agreement shall be terminated in case where the User's membership period expires or his/her membership is temporarily or permanently ceased.
TUSETA shall be entitled to terminate, unilaterally, the Agreement in the below-mentioned conditions and if the User violate this agreement, its annexes and rules on the Website regarding use, membership and services. The User shall be obliged to compensate all the damages, from which TUSETA suffers due to this termination.
1) If the User manipulates operation of the website via any method,
2) If the User transfers or lets a third party use his/her user profile,
3) If the User performs operations violating or likely to violate third parties’ rights
9. ANNEXES OF THE AGREEMENT