1. PARTIES
Service Provider : tr811.com (Fantezi Dünyası – Yüksel GÖĞEBAKAN)
Çankaya Mah.Kuvayi Milliye Cd.Taylan İşhanı Kat:1/1 AKDENİZ/MERSİN
Service Receiving Company : SELLER (iş bu protokolde hizmet alan/satıcı olarak anılacaktır.)
Adress :
Fax :
E-Mail :
Tax Office :
Tax Number :
IBAN Number :
Account Name :
KEP Address :
MERSİS Number :
The Seller wants to become a member of the electronic commerce platform managed by tr811.com and make sales from the virtual store he/she will establish on this platform, and tr811.com wants to benefit from the electronic commerce platform services that the Seller owns in return for the commission that the Seller will pay him/her. Within the framework of these matters, the Parties have agreed on the following conditions.
2. DEFINITIONS
tr811: The website where tr811.com offers its services within the scope of this agreement and whose domain name is www.tr811.com. Buyer: The real or legal person who purchases the goods and/or services offered for sale by the ‘Seller’ on ‘tr811’. Store: The virtual space where ‘Sellers’ may have the opportunity to privately publish one or more goods and/or services provided by them; the service provided through ‘tr811’.
Seller: The legal/real person who offers various goods and/or services for sale through the advertisements he/she publishes on the account he/she creates on the Website refers to the “Member”.
User/Users: All real and legal persons who access the Website.
Member/Members: Refers to real and legal persons who are members of the Website or benefit from the “Services” offered by tr811.com based on external agreements they have made with tr811.com, and who are “Buyers” or “Sellers”.
3. SUBJECT
The subject of this agreement is the determination of the services offered in sales transactions to be made on ‘tr811.com’ and alternative channels, the conditions for sellers to benefit from these services and the determination of the rights and obligations of the parties in this direction. This Agreement is binding only between the Parties and covers the forms and conditions for the Services offered by tr811.com to the Seller. The relationship between the Seller and the Buyers is not within the scope of this Agreement; tr811.com grants the Seller the right to open a Virtual Store through the portal it provides in this commercial activity. tr811.com is the sole owner of this and related platforms and has the right to make any changes. The Seller will be personally responsible to the Buyers for the sales transactions to be made through the Virtual Store within the framework of the current legislation.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
- Seller, In order to gain the title of Seller, first of all, the documents included in the “Virtual Store Opening Required Document List” (Annexes-1,2,3) shall be fully and completely provided at the time of signing this Agreement. Although these documents are provided by the Seller in full, tr811.com always has the right to reject the Seller’s application without giving a reason and/or request additional documents. The Seller whose application is accepted shall fill out the membership form on the Website fully and accurately. The member “Seller” shall be personally responsible for all damages that may arise due to incorrect information provided by the Seller during the application. The Seller shall notify the persons authorized to perform transactions on behalf of the company on the relevant form during registration and any transactions made by these persons shall be deemed to have been made on behalf of the Seller at tr811.com. The Seller shall be obliged to notify tr811.com of any changes that may occur in the documents and information it has provided within 15 days at the latest from the date of the change. If tr811.com suffers any damage due to failure to make this notification, tr811.com reserves the right to claim all damages from the Seller.
- The information provided by the Seller to be added to the website shall include information about the product (including images, photographs and descriptions), product features, quantity, price (including all accrued taxes, duties, additional fees and charges) and shall be in compliance with the format and standards determined by tr811.com. The product information shall not include the Seller’s telephone or fax numbers, e-mail or Skype/Twitter/Facebook etc. any kind of information addresses, direct references to the Seller or the website or third party websites. If tr811.com detects that any information is incorrect, incomplete or in violation of the format and terms of this agreement, it reserves the right to correct this information and remove the information and product. The Seller accepts and undertakes that the product or service information is always genuine and accurate and not misleading. The Seller shall be responsible for all damages that tr811.com or third parties may suffer due to the Seller’s violation of this provision and shall compensate for all damages.
- The Seller accepts, declares and undertakes that it will not use the Administration Panel with its own user information for malicious purposes. In the event that tr811.com detects that the Seller has engaged in malicious acts such as intentionally listing the products in different categories, offering the sale of ANNEX-1 “Prohibited Products” for sale, entering incorrect product decimal/kg information, etc., tr811.com reserves its rights to claim and seek other compensation for damages arising from such use.
- The Seller accepts, declares and undertakes that the sale and display of the goods and services displayed in the Virtual Store will not create any unlawful violation in accordance with the current legislation, will not cause any violation of rights, and that it has all the right, authority and responsibility to publish, offer for sale and sell the goods and services related to the said advertisements and contents on the internet. In the event of the Seller’s actions contrary to the provisions of this article, tr811.com will have the right to terminate the Agreement for a just cause without any liability to pay compensation, and tr811.com’s other compensation rights will remain reserved.
- The Seller accepts that the products it has put up for sale may be sold on alternative platforms, e-export platforms, and B2B, B2C and all other e-commerce model-based platforms other than tr811.com. tr811.com may request additional documents from the Seller regarding sales to be made on these channels. tr811.com has the right to change the working conditions on these channels.
- The Seller is obliged to keep the products offered for sale in sufficient stock in this contract. The Seller accepts and undertakes to check and update the stock, barcode and price of the products offered for sale at least once a day. The Seller accepts, declares and undertakes to update the stock of the product it sells after each sale of the products it offers for sale. In case it is determined that it does not comply with this commitment, the Seller will be warned in writing by tr811.com the first time. In case it is determined that the Seller does not comply with the said commitment for the second time, tr811.com will have the right to terminate this contract unilaterally for justified reasons without paying any compensation.
- The Seller is obliged to accept or reject the order within 1 (one) business day after the order request is created for the products it offers for sale, in accordance with this agreement. If the order request is not responded to at the end of the specified period; the Seller shall be deemed to have implicitly accepted the order request. For each order that is deemed to have been accepted because the Seller does not respond within 1 (one) business day, but is not shipped within the period specified in this agreement, a gift coupon may be defined by tr811.com for the customer, corresponding to up to 5% (five percent) of the order amount. This amount shall be collected from the Seller by tr811.com.
- For each order that is deemed to be accepted because the Seller does not respond within 1 (one) business day but is not shipped within the period specified in this contract, the Seller’s store score will be reduced based on the order quantity. As a penal sanction, if the store score falls below the scoring criteria determined by tr811.com in the general scoring and accepted by the Parties as an integral part of this contract; the Seller’s contract will be terminated unilaterally by tr811.com without the need for any other breach of obligation. The Parties agree, accept, declare and undertake that tr811.com shall not be liable as a result of any termination made due to this article.
- After the Seller accepts the order from the Buyer; the product in question will be delivered to the Buyer within a maximum of 3 (three) business days to the cargo company determined by tr811.com. If the Seller does not ship the product within this period; tr811.com may define a gift voucher for each customer according to the price of the product that could not be delivered on time. These gift vouchers are defined to the Buyer as the product price up to 10₺, 10₺ gift voucher for 11₺-1000₺, 25₺ gift voucher for over 1000₺. These amounts are collected from the Seller.
- If the Seller is unable to supply the product within the period specified in Article 4.9, it is obliged to notify that it will not be able to supply the product. If it is unable to supply the product within this period and does not notify, tr811.com has the right to cancel the order, send the product from a different company, define a gift certificate, etc. and collect the costs from the Seller.
- The seller cannot cancel the orders received from tr811.com due to reasons such as out of stock etc. and direct the sales on tr811.com to other platforms. In case it is determined that he/she has directed the orders, he/she accepts in advance to pay tr811.com the sales amount of the cancelled orders including VAT.
- The Seller accepts and undertakes that the price of the product offered for sale will not be higher than the price on its own website or any other website during the campaign period on tr811.com. If tr811.com detects a situation contrary to this provision and notifies the Seller, the Seller is obliged to reduce the price of the product to the lowest price offered for sale on other sites.
- The entire service area will be used by the Seller. The Seller accepts and undertakes not to grant operating rights to third parties without the written permission of tr811.com through its own account and location.
- The Parties will communicate via the e-mail address provided by the Seller when registering on the Website or via notifications sent by physical mail. Sendings to the registered e-mail address provided by the Seller together with the contract will be considered as written communication and the Seller will be obliged to check the e-mail address regularly. In the event that the address and/or e-mail addresses provided by the Seller change, the change must be notified to the other Party immediately in writing, otherwise the notifications made to the last address and/or e-mail addresses will be considered valid and binding.
- The Seller will create a username and password when registering on the Website; and will use this information to access the Virtual Store, profile page and perform certain other transactions. The security and confidentiality of the Seller’s password and username are entirely the Seller’s responsibility. The Seller waives in advance the right to claim that the transactions made by logging in through its own profile are invalid due to unauthorized transactions. Even in such transactions, all kinds of responsibility will belong to the Seller. In the event that a transaction is made on the Website against or to the detriment of tr811.com using the Seller’s password, the Seller is liable to cover the damages of tr811.com arising from these actions.
- tr811.com will store the personal and commercial information provided by the Seller during the Membership process and throughout the Membership in a secure environment. tr811.com may use this information for the purpose of carrying out the applications required for the full and proper operation of the Services, for the purpose of statistical evaluations, for the advertisement & marketing, announcement and other purposes of the activities and applications of tr811.com and its business partners, and may only be disclosed to third parties for the reasons stated above. The Seller accepts and declares that it consents to the use and storage of its information by tr811.com in accordance with the provisions of this article.
- The Seller is bound by all advertisements and content published on the Website through the Virtual Store and shall be responsible for all commitments arising from these. tr811.com may temporarily or permanently stop the publication of the relevant advertisements, suspend or terminate the membership and unilaterally terminate this agreement without compensation and close the Seller’s Virtual Store, without giving any prior notice to the Seller, due to the fact that the Seller’s activities do not comply with the terms of this Agreement and the rules and conditions declared on the Website, constitute a violation of legislation, are determined to pose a risk in terms of legal, technical and especially information security, and are of a nature that prejudices the personal and commercial rights of third parties. The Seller accepts, declares and undertakes that it will not demand any fees or other compensation from tr811.com in such a case. In the event of a violation of the provision of this article, tr811.com reserves the right to unilaterally terminate the Agreement at any time without stating any reason or giving any warning.
Seller;
- All receivables arising from incorrect, faulty or misleading information regarding the products on the website of the buyers or from the provision of defective goods/services,
- All receivables of the Buyers arising from the wrong product or partially cancelled orders due to the Seller, the Seller’s defects arising from fraud or negligence or violations arising from the terms of the contract and all legal claims of the Buyer arising from this,
- It shall be solely responsible for all legal and criminal payments that may be directed to tr811.com in connection with or as a result of its failure to pay all taxes and other fees related to the product. It shall be directly and solely responsible for all damages suffered by tr811.com and all liabilities, costs, expenses (including attorneys’ fees and other litigation and enforcement expenses) damages, losses, liabilities, any receivables, interests, penalties and legal proceedings it incurs as a result of this. tr811.com has no legal liability for this.
- The Seller is obliged to carry out all activities carried out on the Website in a way that will not technically damage the Website in any way. The Seller accepts, declares and undertakes that it has taken all necessary precautions (including using the necessary protective software and licensed products) to ensure that all information, content, materials and other content to be provided to the Website do not contain any programs, viruses, software, unlicensed products, trojan horses, etc. that will harm the system, and that it will immediately take the measures requested by tr811.com for the implementation of this article.
- tr811.com has the right to take any precautions and make changes it deems necessary for the full and proper operation of the Website and for security reasons. For this purpose, tr811.com may change the services and content provided at any time and without any notice; it may block or delete the information and content uploaded by Members to the system from access by third parties, including users. tr811.com may always monitor, control and store communication traffic, including messaging, via the Website, both for security and for the obligations required by the relevant legislation.
- Details of the Services to be offered on the Website, product display periods, additional opportunities, technical specifications may be changed by tr811.com without prior notice. Changes made by tr811.com will enter into force on the date of publication and will be binding, the Seller must follow these changes and fulfill the requirements of the changes.
- The Seller is obliged to issue an invoice or retail sales receipt for the products and services sold or provided in accordance with Article 230 of the Tax Procedure Law No. 213 and Article 8 of the Value Added Tax (VAT) Law No. 3065. The Seller accepts, declares and undertakes that it will deliver the goods and/or services sent to the Buyer by issuing an invoice, that it will fully fulfill its obligations arising from other legislation, primarily the Law No. 6502 on the Protection of Consumers, and that it will also pay any compensation, administrative fine or similar amount that tr811.com may have to pay in cash and in a lump sum upon tr811.com’s first request.
- The Seller accepts and declares that it is the “Seller” party in the distance sales contracts to be concluded with the Buyers through the Website, that tr811.com is not a party to this distance sales contract relationship, and that it is personally responsible for the Buyers in every sense within the scope of existing consumer rights and other legislation. In addition, the Seller shall be personally responsible for the quality of all products it exhibits and sells on the tr811.com Virtual Store, their compliance with the legislation, the delivery of the warranty certificate and other necessary documents, and the services required after sales, etc. The Seller shall be directly responsible for any damages that may arise in case of non-compliance with the provisions of this article. The Seller shall ensure that the products it sells through the Website reach the Buyer within the delivery time specified during the sales transaction through the Cargo Company determined by tr811.com, and shall be responsible for any delays. The Seller must respond to the Buyer’s requests and demands as soon as possible.
- The Seller will enter into a contractual relationship with the Buyer through the Website and will engage in the relevant commercial activity through the platform. The Seller will not respond positively to the Buyer’s request to communicate with him/her outside the platform and to purchase through the website. In the contrary case, the Seller will be directly responsible for any damages that may occur.
5. FINANCIAL RESPONSIBILITY
- For sales made by the seller via “www.tr811.com”, the seller is obliged to pay a commission at the rate determined by tr811.com. Commission rates are as listed in Annex-2. The total commission fee will be calculated by multiplying the sales price of the product offered for sale (price including VAT, sales tax, duties and similar payments) on the invoice by the commission percentage, after deducting the shipping fee, if any.
- In addition to the commission rate determined by this contract; the Parties accept, declare and undertake that they have agreed that the “Marketing Support Fee” shown in the table in this article will be paid to tr811.com by the Seller for each product in the order for different product groups ordered.
MARKETING SUPPORT FEE TO BE RECEIVED FROM THE SELLER FOR EACH PRODUCT;
• The Seller will not make any payment to tr811.com for the product price up to 25.-TL (Twenty-Five Turkish Liras).
• 0.50.-TL (Fifty Kurus) for the product price between 25.-TL (Twenty-Five Turkish Liras) and 100.-TL (One Hundred Turkish Liras)
- For product prices between 100.-TL (One Hundred Turkish Liras) and 500.-TL (Five Hundred Turkish Liras), it will be 0.80.-TL (Eighty Kurus),
- For product prices between 500.-TL (Five Hundred Turkish Liras) and 1000.-TL (One Thousand Turkish Liras), it will be 1.-TL (One Turkish Liras),
- For product prices between 1000.-TL (One Thousand Turkish Liras) and above, it will be 2.-TL (Two Turkish Liras); The Seller accepts, declares and undertakes to pay tr811.com a fixed marketing support fee for each product.
- tr811.com has the right to change the Marketing Support Fee regulated in ARTICLE 5.1. tr811.com is obliged to notify the Seller of the change in the marketing support fee; changes in the service fee will automatically enter into force after tr811.com notifies the Seller.
- The price of the ordered product is paid by credit card or by transfer to tr811.com’s bank account at the time of ordering, and by cash on delivery upon delivery. The Seller accepts and undertakes in advance that the price of the product will be collected by tr811.com using tr811.com accounts in every payment method.
- tr811.com will pay the sales price of the goods to the Seller, after 30 days following the full and timely delivery of the goods to the Buyer, with its own commission and marketing support fee deducted in total, to the bank account details specified by the Seller in the contract. These account details will be valid for all payments to be made to the Seller. It is the Seller’s responsibility to notify the Seller of any changes in a timely and complete manner. Invoices containing commission and marketing support fees will be sent to the Seller by tr811.com.
- tr811.com may make any changes to the commission rates and payment conditions, and to provide some or all of the services for a fee or free of charge, and has the right not to add them to the contract.
6. RIGHT OF WITHDRAWAL, RETURN OF GOODS AND REFUND
In the event that the Buyer exercises his right of withdrawal in accordance with the relevant legislation for the delivered product, the Seller is obliged to refund the fee received to the accounts provided by tr811.com in the same manner in order to fulfill the Buyer’s request within 3 (three) business days following the entry of the return cargo information notification regarding the right of withdrawal into the system and/or its receipt by the Seller. The specified periods may only be extended with the approval of the relevant Buyer and in any case shall not exceed 10 calendar days. In the event that the right of withdrawal is exercised without giving a reason or due to the defectiveness of the goods, tr811.com shall reimburse the commission collected to the Seller. Under normal conditions, no additional deduction will be made from the Seller, however, any expenses, payments and especially Credit Card commission amounts paid to banks that may arise from tr811.com regarding this sales transaction will be reflected to the Seller in full, including VAT, if applicable. The amounts to be refunded may be offset against all amounts to be paid to the Seller under this contract. In this context, the Seller has authorized “tr811.com” to have the right of withdrawal and to receive notifications regarding defective goods and to pay the related amounts to the “BUYER”.
7. MATURITY, TERMINATION AND REGISTRATION
- This contract shall become valid as of the date on the document and shall remain in force for 1 (one) year. At the end of the one-year period, if neither party notifies the other party in writing 15 days in advance, the contract shall automatically be renewed for one year, with the conditions stipulated in this contract, including the commission rate and cargo fee, deemed to have been accepted as the current contract terms.
- Each party shall grant the other a 15-day period in writing to comply with the contract provisions in the event of the other party breaching any of the contract terms. If compliance with the contract terms is not achieved at the end of this period, the other party shall have the right to terminate the contract unilaterally without further notice, subject to the right to compensation.
- If the Seller cannot make sales within the framework of the procedures and principles determined by this contract for 6 (six) months; tr811.com has the right to unilaterally terminate the contract concluded with the Seller. The Parties agree, accept, declare and undertake that tr811.com shall not be liable as a result of the termination made by this article.
- Except for the above provision, the parties may terminate this contract unilaterally at any time without paying any compensation, provided that they give 15 days’ prior written notice. However, with respect to orders placed until the termination date, the parties agree, declare and undertake that they are obliged to perform their obligations under this contract and are responsible for any debts and receivables that have arisen or will arise during the contract period.
- FORCE MAJEURE
The occurrence of war, civil war, terrorist acts, earthquake, fire which are beyond the control of the Parties and which prevent and/or delay the Parties from fulfilling their obligations undertaken under this agreement shall be considered as force majeure. If the force majeure lasts more than 45 (forty-five) days, the Parties have the right to terminate this agreement without any prior notice or warning.
9. CONFIDENTIALITY
- All information acquired by the Parties about each other during the execution of this Agreement, including but not limited to commercial, financial, patent and know-how, information, invention, business, method, copyright, brand, Seller information and other information, shall be deemed as “Confidential Information” and shall be considered as Confidential Information during the term of this Agreement and for 5 years following the termination of the Agreement. tr811.com shall share all information held by the Seller with the relevant authorities upon a request from the competent authorities pursuant to the applicable legislation or a court decision or as required by the relevant Legislation. This information may be communicated to other Users who may be parties to the dispute in disputes between Members, in order for other Users to exercise their legal rights and only to this extent.
- The sole owner of all content on the Website shall be tr811.com. It is strictly forbidden for the Seller to copy, process, use or present to the public all or part of the content on the Website for commercial purposes without the prior written consent of tr811.com. The Seller shall always retain the right to all advertisements, content and visuals it has sent to the Website, however, it accepts, undertakes and declares that it has assigned to tr811.com all necessary rights and authorizations for the use of this content in all activities to be carried out by tr811.com for the provision of Services and for the processing and compilation of such content on third party sites and systems, and for the use of visuals and content prepared for the advertisement and promotion of tr811.com, without any time or place limitation and free of charge. It accepts, undertakes and declares that data will be transferred electronically to the Revenue Administration Presidency Information Transfer System (BTRANS) in accordance with the General Communique of the Tax Procedure Law No. 464.
- The Seller accepts, declares and undertakes not to use the Website to create, control, update, change databases, records or guides belonging to itself or another person, and to access and download personal information of other Members to its own system. Any acts by the Seller contrary to the provisions of this article and the use of the Services on the Website outside the usage limits determined by this Agreement are against the law; tr811.com reserves the right to demand, sue and pursue damages arising from such use.
- The party that causes confidential information to be disclosed through negligence or intentional actions is obliged to compensate the other party for the damages that the other party may suffer. In addition, the other party has the authority to unilaterally terminate the contract based on this reason without the need for notice and without paying compensation.
10. PROTECTION OF PERSONAL DATA
- The expressions in this article shall have the meaning defined in Article 3 titled ‘Definitions’ of the Personal Data Protection Law No. 6698 (“LPPD”), unless expressly stated otherwise.
- The parties accept, declare and undertake that they are aware of all applicable national and international legislation, primarily the KVKK, regarding the ‘processing of personal data’; that they are subject to all applicable national and international legislation, primarily the KVKK, in the field of protection of personal data or any legislation that may come into force in the future (‘personal data legislation’) in all activities related to the processing of personal data they obtain from each other or on behalf of the other party during the execution of this Agreement, and that compliance with this legislation is within their legal obligations in all transaction processes where they process personal data. They also accept, declare and undertake that they will comply with the principles set forth in the Board Decisions and Guidelines to be published by the Personal Data Protection Board (‘Board’) within the scope of personal data legislation; and that they will follow booklets, magazines and other publications.
- In all transaction processes included in the scope of this Agreement, the Seller may process personal data only in accordance with the written instructions of tr811.com, to the extent required by the works performed pursuant to this Agreement and the mandatory legal rules, and in accordance with the provisions of this Agreement. The Seller is responsible for preventing the unlawful processing, storage, transfer and unlawful access of personal data and preventing risks such as loss, destruction, damage and alteration of data, and accepts, declares and undertakes to take all legal, administrative and technical measures to ensure these.
- The Seller accepts and declares that it has obtained, processed and transferred the personal data it has transferred/will transfer to tr811.com within the scope of this Agreement in accordance with the procedures and principles regulated in the personal data legislation; that it has informed the personal data owners (‘relevant person’) in accordance with the provisions regulated in the personal data legislation and that their explicit consent based on information has been obtained only when necessary. All legal, administrative and penal liabilities that may arise from the fact that the data transferred to tr811.com has been obtained and processed in violation of the legislation belong to the Seller.
- The Seller shall not use, process, archive or transfer or share with third parties or organizations abroad, for any purpose or in any way, outside the scope of the work performed pursuant to this Agreement, the personal data transferred/to be transferred by tr811.com, without the written approval of tr811.com. The written approval of tr811.com shall not eliminate the Seller’s obligations arising from personal data legislation and, in particular, its obligation to take measures regarding data security. Even with the written approval of tr811.com, the Seller accepts, declares and undertakes that it shall warn third parties to whom it transfers data regarding compliance with personal data legislation and the necessary measures regarding data security, shall be jointly and severally liable to tr811.com for the violations of these persons and shall also transfer the data by obtaining the necessary permissions from the Board and presenting the commitments if necessary.
- In case of transfer of personal data of a special nature to the Seller by tr811.com, the Seller shall process and transfer the personal data in question in accordance with Article 6 of the KVKK, the provisions in the relevant secondary legislation and the Board decisions, subject to additional security measures and authorizations. It shall follow and implement the adequate measures determined/to be determined by the Board.
- The Seller accepts and declares to use the information and/or consent texts sent to it by tr811.com in accordance with the principles and procedures determined by tr811.com, in all transaction processes included in the scope of this Agreement, if tr811.com requests so.
- The Seller shall provide the necessary infrastructure and administrative requirements to respond to applications made by the relevant person who is the owner of personal data within the scope of Article 11 of the KVKK in accordance with the law and within the legal period, and shall inform tr811.com immediately and in any case within two business days at the latest in the event of an application or complaint made to tr811.com, and shall agree with tr811.com on the response to be given to the applicant or complainant. The Seller accepts, declares and undertakes to provide all kinds of support to tr811.com regarding all complaints and demands conveyed to it, to provide information and documents and to cooperate.
- Except for the situations arising from the law, in the event that this Agreement is terminated for any reason, the Seller is obliged to delete and destroy the personal data transferred to it by tr811.com or obtained on behalf of tr811.com within the scope of this Agreement and to deliver to tr811.com any physical or electronic recording medium in which this data is recorded, upon tr811.com’s request. The Seller agrees to fulfill tr811.com’s requests for the deletion, destruction, anonymization, modification and similar requests of personal data in accordance with the KVKK and relevant secondary legislation.
- The Seller accepts, declares and undertakes that it will pay the direct or indirect damages suffered by tr811.com, the legal, administrative and penal sanctions it may face and the compensations it may have to pay, immediately and in a lump sum upon the first request, in the event of any act contrary to the personal data legislation and its obligations set forth in this Agreement. Otherwise, tr811.com reserves the right to offset its damages from the Seller’s receivables and/or guarantees.
- The Seller is responsible to tr811.com for the compliance of its employees, subcontractors and/or any third party to whom it transfers data and its employees with the obligations set forth in this article and for any direct or indirect damages that may arise from non-compliance with these obligations. In this context, the Seller accepts, declares and undertakes to provide the necessary training to its personnel who have access to personal data, to make warnings and to take the necessary administrative and technical measures.
- The Seller hereby accepts, declares and undertakes that it has authorized tr811.com to audit all records and documents related to the relevant activities, limited to personal data processing activities within the scope of the works performed pursuant to this Agreement, to ensure that they are in compliance with the legislation and this Agreement, that it will respond to all reasonable requests of tr811.com within the scope of this audit authority, and that it will send these records and documents to tr811.com or make them accessible to tr811.com, as the case may be. The Seller accepts and declares that it is aware that the Personal Data Protection Authority may audit personal data processing activities and that it will inform tr811.com as soon as it becomes aware of such an audit.
- In case of violation of the personal data protection obligations set out in this article, the damage suffered by the party that is subject to legal sanctions or has to pay compensation will be paid in cash and in a single payment within 5 (five) business days from the date of request.
- The Parties accept and declare that they will comply with the obligations set forth in this article indefinitely, even after the termination of this Agreement.
11. MISCELLANEOUS
- In case of any differences in type, quantity, model, colour, code etc. between the goods written on the order form and/or the delivery note and/or the invoice with the delivery note and the goods to be delivered, the Buyer has the right to return the goods, with the shipping costs to be borne by the Seller and together with the invoice, without having to make any notification, if such differences are detected during or after delivery.
- Since the cargo company will not open the shipment package as required by the contract, it is not responsible for checking this information and documents. The seller accepts, declares and undertakes that all financial, legal, administrative and criminal liabilities of the cargo company for all deficiencies detected on-site or later and/or for not having the documents declared in the quality standard article belong exclusively to the seller.
- The Seller accepts and undertakes that it will not transfer or assign its rights or obligations arising from this agreement without the consent of tr811.com.
- If any provision of this contract is invalid or loses its validity or binding force, the parties will continue to be subject to all other provisions of the contract.
- The campaign determined by the Seller for product delivery is between the Buyer and the Seller. The Seller accepts / declares and undertakes that tr811.com has no responsibility regarding the campaign determined by the Seller.
- The Seller will be responsible for taxes, duties and other similar legal obligations arising from this contract.
- All kinds of mutual notifications can be made via Registered Electronic Mail (KEP) or fax, e-mail or by sending it to the relevant person’s postal address. Our corporate preference is for notifications to be made via Registered Electronic Mail (KEP) or e-mail address due to its speed, reliability and economy and its contribution to the protection of the environment.
- The parties hereby accept that Ankara Court and Ankara Enforcement Offices shall have jurisdiction in all disputes that may arise from the terms of this contract. This contract consists of 10 articles and its annexes and has been prepared in 2 copies.
APPENDICES :
ANNEX- 1 Prohibited Product List
ANNEX- 2 List of Commission Rates
ANNEX- 3 Documents Required for Opening
For Capital Companies:
- Tax Certificate
- Trade Registry Gazette
- Signature Circular
- Activity Certificate(current)
For Sole Proprietorships and Ordinary Partnerships:
- Tax Certificate
- Activity Certificate (current)
- Signature Declaration
- Copy of ID Card
PARTY- SELLER PARTY- tr811.com