1. Parties
This filyarn.com Portal Membership Agreement consisting of this agreement and the documents, annexes and explanations (all explanations regarding the use of services within the Portal) referred to in the agreement and the agreement and which are an integral part of the agreement (All together will be referred to as the agreement),
Cumhuriyet Mah. D-100 Karayolu Cad. Expoist Hotel Istanbul Outlet Park No:374 D:63 Büyükçekmece - Istanbul Filyarn Mehmet Akif Dikicibaşı Şahıs ŞTİ. (hereinafter referred to as "filyarn") and www.filyarn.com portal while becoming a member of the "Member" has been mutually accepted and entered into force with the electronic approval of the "Member".
2. Definitions
"Buyer": By using the "Secure Electronic Commerce System" service specified in this contract; "Member" who is a real or legal person who purchases goods and services offered for sale by the "Seller" through the "Secure Electronic Commerce System".
"Secure Electronic Commerce System": The service provided by "Filyarn" within the conditions specified in this contract for the performance of the part of the sales contract concluded between the "Buyer" and the "Seller" regarding the "payment".
"Secure Account": The pool account at the bank managed by "Filyarn" for the fulfillment of the payment obligation in the "Secure Electronic Commerce System".
"Member": Natural and/or legal persons who are members of the www.filyarn.com portal and benefit from the services offered within the "Portal" within the conditions specified in this agreement.
"User": Every natural and legal person who accesses the "SITE" from the on-line environment.
"Seller": The real and/or legal person "Member" who offers the goods and/or services for sale to the "Members" by using the "Secure Electronic Commerce" service specified in this Agreement, on which he/she has the right and authorization to make all kinds of dispositions in a legally uncontested manner.
"Portal": The website consisting of the domain name www.filyarn.com and subdomains connected to this domain name.
"Filyarn Membership Account": The web page specific to the "Member" accessed through the "SITE" with the "username" and "password" that the Member determines and undertakes to be used exclusively by himself/herself, where the Member performs the works and transactions necessary to benefit from the services offered in the "Portal", makes requests to "Filyarn" on issues related to "Membership", updates his/her "Membership" information and can view reports on the services offered. "Advertisement Programs": "The advertisement(s) to be placed by "Filyarn" in the "Portal", the scope of which is generally described in Annex-2, which is an integral part of this Agreement, on the "Filyarn Membership Page" with detailed information such as technical specifications, location in the "Portal", publication period, sales price, payment terms, and which the Member can personalize in line with the Member's own preferences by giving the "Member" the opportunity to choose from the information.
Filyarn Services ("Service" for short): The applications put forward by "Filyarn" in order to enable "Members" to perform their business and transactions defined in this Agreement within the "Portal". "Filyarn" may make changes and/or adaptations in its "Services" at any time in order to enable the "Members" to perform the business and transactions defined in this Agreement more effectively on the applications put forward in the "Portal". The rules and conditions that the "Members" are obliged to comply with regarding these changes and / or adaptations made by "Filyarn" are announced to the "Members" by "Filyarn" on the website where there are explanations about the use of the relevant "Service".
"Filyarn INTERFACE" : Internet pages used by the "USERS" in order that the content created by the "MEMBERS" can be viewed by the "USERS" and can be queried from the "Filyarn DATABASE"; Internet pages that command the computer program to perform all kinds of transactions that can be done through the "PORTAL" within the designs protected under the Law No. 5846 on Intellectual and Artistic Works and all intellectual rights belong to "Filyarn".
Filyarn DATABASE : The database protected in accordance with the Law No. 5846 on Intellectual and Artistic Works, which belongs to "Filyarn", where the contents accessed through "PORTAL" are stored, classified, queried and accessed.
3. Subject and Scope of the Contract
The subject matter of this agreement is the determination of the services offered on the "Portal", the conditions of utilization of these services and the rights and obligations of the parties. The scope of this agreement is this agreement and its annexes and all warnings, writings and statements made by "Filyarn" regarding the use, membership and services in the "Portal". By accepting the provisions of this agreement, the "User" also accepts all kinds of statements made by "Filyarn" regarding the use, membership and services in the "Portal". The User accepts, declares and undertakes to act in accordance with all kinds of matters specified in the aforementioned statements.
4. Terms of Membership and "Service" Usage
4.1. Membership is completed by the "User" who wants to become a "Member" from the relevant section of the "Portal" by filling out the membership form required to become a member of the "Portal", providing identity information, confirming the accuracy of the identity information, making the registration process by paying the fee if the service to be used in the membership form is a paid service and the registration process is completed by "Filyarn". Without completing the membership process, the right and authorization to become a "Member" defined in this agreement cannot be obtained.
4.2. In order to become a member of the "Portal", it is necessary to be of legal age, to be authorized to represent and bind the legal entity for legal entity members and not to be temporarily suspended from membership or banned from membership indefinitely by "Filyarn" under this agreement. Applications made through minors or persons who are not authorized to represent and bind the legal entity for legal entity members or applications made by persons who have been temporarily suspended or suspended by "Filyarn" within the scope of this contract as stated above; applications made by persons who have been banned from membership indefinitely prevent the use of the rights arising from "Membership" even if the "Portal" has completed the registration process.
4.3. "Filyarn" may unilaterally terminate this agreement at any time without any justification, without any notice and without any obligation to pay any compensation and with immediate effect and terminate the membership of the "Member" or terminate or temporarily suspend the membership of the "Member" without terminating the agreement. The decisions of termination, termination of membership and suspension of membership specified in this article will be made entirely at the will of "Filyarn" in accordance with the violation of this agreement, violation of the rules specified in the "Portal", the determination by "Filyarn" that the situation arising as a result of the transactions or transactions of the "Member" constitutes a risk in accordance with the information security system of "Filyarn" or the commercial decisions of "Filyarn" or the evaluation of the situation arising by "Filyarn" that constitutes a legal risk.
5. Rights and Obligations
5.1. Rights and Obligations of the "Member"
5.1.1. The "Member" agrees that while fulfilling the membership procedures, benefiting from the services of the "Portal" and performing any transaction related to the services in the "Portal", he / she will act in accordance with all the terms contained in this contract, the rules / declarations specified in the relevant parts of the "Portal" regarding the service he / she benefits from and all applicable legislation, and that he / she understands and approves all the terms and rules mentioned above.
5.1.2. The "Member" agrees that in cases where "Filyarn" is obliged to disclose to the official authorities in accordance with the provisions of the mandatory legislation in force, it shall be authorized to disclose the confidential / private / commercial information of the users to the official authorities in the event that such information is requested by the official authorities in accordance with the procedure and that no compensation under any name whatsoever may be requested from it for this reason. Apart from this, in the event that the claim that the "Member" violates the rights of third parties in relation to the advertisements given by the "Member" on the "Portal" is declared to "Filyarn" by the parties whose rights are violated and notified that a judicial remedy will be applied, or in case of disputes between the "Buyer" and "Seller" members, if one of the parties notifies "Filyarn" that one of the parties wants to apply for a judicial remedy, "Filyarn" may give the name, surname information that the "Member" notifies to the other party.
5.1.3. It is the sole responsibility of the "Members" to ensure the security of the "username" and "password" used by the "Members" to log in to the "Filyarn Membership Account" in order to benefit from the services offered by "Filyarn", to ensure that they are used exclusively and exclusively by themselves, and to ensure that they are kept away from the knowledge of third parties. "Members" shall be liable for all damages incurred or to be incurred by other Members, "Filyarn" and/or third parties due to their negligence and faults in matters such as the security and storage of the "user name" and "password", keeping them away from the knowledge of third parties, and using them exclusively and exclusively by themselves.
5.1.4. "Members" accept and undertake that the information and contents provided by them within the "Portal" are correct and lawful, and that the publication of such information and contents on the "PORTAL" or the sale and display of products related to such contents do not create any contradiction to the law in accordance with the legislation in force. "Filyarn" is not obliged and responsible to investigate the accuracy of the information and contents transmitted to "Filyarn" by the "Members" or uploaded, modified and provided by them through the "Portal"; to undertake and guarantee that this information and contents are safe, accurate and lawful, and to ensure that the publication of these contents on the internet or the sale and display of products related to these contents does not constitute an illegal situation, and cannot be held responsible for any damages that may arise due to the incorrect or incorrect information and contents or the publication of such information and contents.
5.1.5. "Members" cannot transfer this agreement or their rights and obligations under this agreement to any third party in whole or in part without the written consent of "Filyarn".
5.1.6. Those who benefit from the services offered by "Filyarn" and those who use the "Portal" may only perform transactions on the "Portal" for lawful purposes. The legal and criminal liability for every transaction and action of the "Members" within the "Portal" belongs to them. Each "Member" shall not reproduce, copy, distribute, distribute, process the pictures, texts, visual and audio images, video clips, files, databases, catalogs and lists contained in the "Portal" that may constitute an infringement of the real or personal rights and assets of "Filyarn" and / or another third party, or upload the contents specified in this article on the "Portal" in a way that may have such consequences; accepts and undertakes that it will not directly and/or indirectly compete with "Filyarn" either by these actions or in other ways. "Filyarn" cannot be held directly and/or indirectly responsible in any way for any damages suffered or may be suffered by third parties due to the activities on the "Portal" carried out by the "Member" in violation of the provisions of this agreement and the law.
5.1.7. "Filyarn" allows the "Users" to view the advertisements and use the "Filyarn INTERFACE" in order to learn the contents of the relevant advertisements only in relation to the advertisements on the "Portal" and the "Filyarn INTERFACE", and to try to access a certain number or all of the advertisements through the database for any other purpose, "Filyarn" does not allow or consent to any kind of action including copying the advertisements, publishing them directly or indirectly in other media, compiling, processing, linking to the advertisements on "Filyarn". Despite this, it is unlawful to use the "Filyarn DATABASE" outside the permitted scope specified in this article; "Filyarn" reserves the necessary claim, lawsuit and follow-up rights.
5.1.8. "Filyarn DATABASE" and the information contained in this database cannot be copied, transferred to other databases and made available to third parties for access and use without the written consent of Filyarn.
5.1.9. "Filyarn", "Filyarn" employees and managers are not responsible for the services provided and content published by third parties, including "Members", on the "Portal". The commitment of the accuracy and lawfulness of the information, contents, visual and audio images provided and published by any third party is the sole responsibility of the persons performing these actions. "Filyarn" does not undertake and guarantee the security, accuracy and legality of the services and contents provided by third parties, including "Members".
5.1.10. "Member" accepts, declares and undertakes that he/she is obliged to fulfill the measures and procedures required by the relevant legislation in the capacity of advertiser, seller, taxpayer or similar in relation to the transactions he/she performs on the Portal, that "Filyarn" does not have any authority and responsibility regarding these measures and procedures, and that he/she shall be liable for any damages suffered or may be suffered by other Members, "Filyarn" and / or third parties due to all negligence and defects that will result in the failure to fulfill the measures and procedures within the scope specified in this article.
5.2. Rights and Obligations of "Filyarn"
5.2.1. "Filyarn" accepts, declares and undertakes to fulfill the services mentioned in this contract within the scope of the explanations specified in the "Filyarn Membership Account" regarding the provision of the relevant services and the conditions specified in this contract, and to establish and operate the technological infrastructure necessary for the provision of the services specified under this contract, without prejudice to the provisions specified in Article 4 of this contract. The obligation to establish the technological infrastructure specified in this article does not mean an unlimited and complete service commitment; ""Filyarn"" may at any time stop or terminate its services and technological infrastructure specified in this contract without any notice.
5.2.2. "Filyarn" reserves the right to change the services and contents offered in the "Portal" at any time; to close the information and contents uploaded by the "Members" to the system to the access of third parties, including all "Portal" users, and to delete them. "Filyarn" may exercise this right without any notice or prior notice. "Members" are obliged to fulfill the changes and/or corrections requested by "Filyarn" immediately. The changes and/or corrections requested by "Filyarn" may be made by "Filyarn" if deemed necessary. Any damages, legal and criminal liabilities that arise or may arise due to the failure of the users to fulfill the change and/or correction requests requested by "Filyarn" in a timely manner belong entirely to the users.
5.2.3. Through the "Portal", "Filyarn" may link to other websites and/or portals, files or contents owned and operated by "Sellers", providers and other third parties that are not under the control of "Filyarn". These links may be provided by "Members" or by "Filyarn" for ease of reference only and do not constitute a statement or warranty of any kind in support of the website or the person operating the website to which the link is directed or for the website or the information it contains. "Filyarn" does not have any responsibility for the portals, websites, files and contents accessed through the links on the "Portal", the services or products offered from the portals or websites accessed through these links or their content.
5.2.4. "Filyarn" may use the content uploaded by the "Members" on the "Portal" or the "Member" information regarding the membership in any way it wishes for the security of the "Member", the performance of its own obligation and some statistical evaluations. It may classify and store them on a database.
5.2.5. "Filyarn" may always check the messages and contents that are contrary to the functioning of the "Portal", the law, the rights of others, the terms of the contract, the general rules of morality, and may remove them from access at any time and in any manner; "Filyarn" may terminate the membership of the "Member" who enters such messages and contents without any notice.
5.2.6. "Filyarn" operates as a "Hosting Provider" within the scope of the "Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed Through These Publications" and in accordance with this Law, with the letter of the Telecommunications Authority Communication Presidency dated 16.06.2008 and document number 581.
6. " Filyarn " Services and Terms of Use
"Filyarn" shall provide the "services", the scope and terms of use of which are determined by this Agreement, to the "Members" on the "Portal". The main objectives of the services provided by "Filyarn" are
Marketing, promotion and advertisement of the contents to be uploaded by the "Member" through the "Filyarn Member Account" through the "SITE" in the form of advertisements in the manner chosen by the "Member", which may be subject to legal transactions such as the purchase, lease or exchange of goods and services that the "Member" is legally authorized to dispose of by the relevant persons for a certain price,
It is the provision of a communication environment for the sale of products authorized to be disposed of to other "Members" through the "SITE" within the framework of the conditions specified in the advertisements exhibited on the "SITE" by using the "Secure Electronic Commerce System" specified in this contract between the "Members" and the provision of a process to ensure the payment in the payment relationship between the parties in a secure manner within the scope determined by this contract.
6.1. " Filyarn " Advertisement Services
6.1.1. The "Member" shall create and upload his/her advertisements to the Filyarn Database by using the interfaces within the "Filyarn Membership Account" according to the "Advertisement Programs" determined by "Filyarn" through the "Filyarn Membership Account".
6.1.2. "Filyarn" accepts, declares and undertakes to offer the "Advertisement Programs" to the selection of the "Member" within the framework of the conditions it has announced through the "Filyarn Membership Account" and to evaluate the requests and selections of the "Member" regarding the "Advertisement Program" that the "Member" has selected and requested, and if the evaluation result is positive, to publish the advertisement / advertisements of the "Member" within the framework of the explanations made in the "Filyarn Membership Account" according to the relevant "Advertisement Program".
6.1.3. "Filyarn" shall evaluate the advertisement(s) created by the "Member" in accordance with the "Advertisement Program" in line with the selections made by the "Member" through the "Filyarn Member Account" and shall accept or reject the publication of the said advertisement(s) in the "Portal" as specified in the "Advertisement Program". "Filyarn" shall freely determine and determine the criteria, conditions and periods for evaluating the request for publication of the advertisement created by the "Member" in accordance with the "Advertisement Programs" and shall publish these criteria and conditions in the section of the "Portal" regarding the "Advertisement Programs".
6.1.4. "Filyarn" may temporarily or permanently suspend the publication of the relevant advertisement without any notice to the "Member" for reasons such as the advertisements published on the "Portal" being against the law and morality, infringing the personal and commercial rights of others or being the addressee of the notices made in this direction, or being directly or indirectly contrary to the rules and conditions contained in this Agreement and the "Portal" or the occurrence of the terms and conditions specified in Article 4.3 of this Agreement. "Filyarn" accepts, declares and undertakes that it will not make any reimbursement to the "Member" in return for the return invoice regarding the aforementioned situation, and likewise, the "Member" agrees, declares and undertakes that it will not demand and sue "Filyarn" for the refund of the price it has paid for the relevant "Advertisement Program".
6.1.5. "Filyarn" may make an agreement with third parties to display the advertisements of the "Member" and the texts, images and contents in the advertisement on other sites, search engines and "Filyarn" advertisements and advertisements. "Member" hereby expressly declares and accepts that he/she authorizes "Filyarn" in this regard.
6.1.6. The "Member" accepts, declares and undertakes that all kinds of transactions and requests made in relation to all selections made within the "Filyarn Membership Account", especially the selections regarding the "Advertisement Programs" through the "Filyarn Membership Account", bind him irrevocably.
6.1.7. The "Member" accepts, declares and undertakes that the responsibility for all kinds of transactions and transactions made through the "Filyarn Membership Account" belongs to him/her; he/she accepts, declares and undertakes that he/she will not assert any defence and/or objection that he/she did not carry out the transactions and transactions carried out here and/or will not refrain from fulfilling his/her obligations based on this defence or objection.
6.1.8. The "Member" accepts, declares and undertakes that he/she will not perform any unlawful act such as defamation, defamation, commercial slander, threats or harassment in the advertisements to be published in the "Portal", will not take initiatives and actions that will unjustifiably or excessively burden the infrastructure of the "Portal", and will not allow disgraceful, pornographic or immoral texts and images to be included in the advertisements to be published in the "Portal".
6.1.9. The "Member" shall advertise and promote its goods and services with real, accurate and lawful information in the advertisements published on the "Portal". It is forbidden for the "Member" to advertise goods and services that are not legally authorized to dispose of as specified in the advertisement, and which are of the nature specified in ANNEX-3, which is an integral part of this contract. For the "Members" who make advertisements within this scope, "Filyarn" may suspend the "Membership" without any notice to the "Member", remove the "Member" from the "Membership", temporarily suspend the "Membership", and unilaterally terminate this agreement without any repayment obligation.
6.1.10. The "Member" accepts, declares and undertakes that he/she will not make any advertisements contrary to any legislation, including but not limited to those regulating consumer protection, intellectual rights, unfair competition, advertising issues, and that his/her advertisements will not contain statements contrary to these legislations and visuals such as pictures and videos.
6.1.11. The "Member" accepts, declares and undertakes to fulfill the necessary works and transactions completely within the framework of the conditions specified by "Filyarn" in the "Advertisement Program" he / she has chosen and to pay "Filyarn" the price of the "Advertisement Program" he / she has chosen as specified in the "Advertisement Program".
6.1.12. The Member may publish his/her own advertisements on the "Portal" with the content and information determined by him/her in a section of his/her own, as explained in detail and with the limits specified in the "Boutique" section of the "Portal". In order for the Member to publish his/her advertisements as specified in this article, apart from this agreement, he/she must pay the fees specified in the "Boutique" section of the "Portal", comply with the rules and conditions specified in this section, and also accept, declare and undertake to comply with the rules and conditions specified in ANNEX-7 Boutique Usage Rules document.
6.1.13. "Member" accepts, declares and undertakes not to open more than one "Filyarn Membership Account" by using a different user name. In the event that it is determined by "Filyarn" that a person who has been removed from "Membership" for violation of this rule or for any reason, whose "Membership" has been suspended or suspended, has opened one or more "Filyarn Membership Accounts" with a different username to re-enter the Portal, "Filyarn" shall have the authority to cancel all "Filyarn Membership Accounts" of this person without any notice and to unilaterally terminate this agreement without any refund obligation.
6.2. " Filyarn " Secure Electronic Commerce Services
The secure electronic commerce service is to provide the infrastructure that will enable the "Members" with the title of "Buyer" and "Seller" specified in this contract to agree on the purchase and sale in an on-line environment using the infrastructure of the "Portal"; in accordance with the terms of the agreement reached through this infrastructure, the complete fulfillment of the debt incurred by the parties and the transfer of the product price transferred by the "Buyer" to the "Secure Account" of "Filyarn" to the account of the "Seller" in the event that this situation is duly notified to "Filyarn" within the conditions specified in this agreement by the parties, If the "Seller" fails to fulfill its obligation as required and this situation is notified to "Filyarn" by the "Buyer" within the framework of the conditions specified in this contract, it is the system, the details of which are described in this contract and its annexes, which are an integral part, and in the "Portal", which ensures that the product price transferred by the "Buyer" to the "Secure Account" of "Filyarn" is returned to the "Buyer" within the framework of the conditions specified in this contract.
The following provisions regulate the rights and obligations of the "Buyer" and "Seller" "Members" using the "Filyarn Secure Electronic Commerce Service" and the status of "Filyarn" against these rights and obligations.
"Sellers" who benefit from the "Filyarn" SECURE ELECTRONIC COMMERCE SERVICE must also comply with the obligations specified in Article 6.1 of this agreement. The provisions specified in Article 6.1 of this Agreement shall also be validly applied in the advertisements entered into the system by the "Sellers" benefiting from the secure electronic commerce service.
6.2.1. Rights and Obligations of Buyers
6.2.1.1. In the "Secure Electronic Commerce Service", the "Buyer" makes the purchase request for the products and services of the "Seller" whose advertisements are displayed on the "Portal" by using the infrastructure of the "Filyarn" internet portal. The nature of the purchase request made by the "Buyer" through the "Portal" by using the infrastructure of the internet portal of "Filyarn" means that a sales contract is established between the "Seller" by accepting all the conditions regarding the sale of the goods and services specified in the advertisement. The "Buyer" accepts and undertakes to purchase the product and service related to this purchase request.
6.2.1.2. In the "Secure Electronic Commerce Service", if the "Seller" has envisaged a sales method for determining the final sales price of the product as a result of the offers to be made by the "Buyer" within certain price ranges, the "Buyer" makes his/her offer to the "Seller" by specifying the price at which he/she wishes to purchase the product by using the "Make Offer" button. This offer to be made by the "Buyer" must be made within the offer intervals determined by the "Seller". When the "Seller" accepts the offer of the "Buyer", a contract is established between the parties. The acceptance declaration is sent to the e-mail address of the "Buyer" via the system and simultaneously displayed in the "Filyarn Membership Account" of the "Buyer". The "Seller" must make the declaration of acceptance or rejection using the "Filyarn Membership Account". "Filyarn" has no responsibility for acceptance or rejection statements made without using the "Filyarn Membership Account". In the event that the product price agreed by the parties is not deposited by the "Buyer" to the "Secure Account" of Filyarn within 3 (three) business days after the acceptance of the offer made by the "Seller" to the "Buyer" in the manner specified in this article, the agreement between the parties will be deemed to be terminated automatically. In the "Secure Electronic Commerce Service", if the "Seller" determines the price of the product and specifies it in the relevant section in the advertisement, the contract between the parties is established when the "Buyer" makes the payment transaction for the product after adding it to the cart.
6.2.1.3. The "Buyer" is deemed to have accepted the terms and conditions of sale and procedures determined by the "Seller" with the purchase requests made by using the infrastructure of the "Filyarn" internet portal through the Portal. Except for exceptional circumstances, purchase requests made by the "Buyer" cannot be withdrawn or canceled. Exceptional circumstances under this contract are defined as the failure to deposit the Offer price specified in Article 6.2.1.2 (last) to the "Filyarn Secure Account" within the time limit, the identity of the "Seller" is not certain, the product subject to the sale does not reach the "Buyer" within the period specified by the Seller after the conclusion of the contract between the parties as specified in Articles 6.2.1.1 and 6.2.1.2 of this contract.
6.2.1.4. The "Buyer" may only fulfill the money debt by transferring money to the "Secure Account" of "Filyarn" in the purchase requests made by using the infrastructure of the internet portal of "Filyarn" through the "Portal". In the event that the performance of the money debt is realized in other ways other than the "Secure Account" of "Filyarn", "Filyarn" has no responsibility regarding the "Secure Electronic Commerce Service" specified in this contract; The rights and obligations of the "Buyer" and "Seller" are not subject to the provisions specified in this contract. "Filyarn" may offer the "Buyer" the convenience of payment in installments by acting with contracted banks in the performance of the money debt. In this case, the conditions regarding the relevant installment payment are announced to the "Buyer" from the relevant section of the "SITE" during the realization of the payment by "Filyarn". If the "Buyer" decides to pay in installments, he/she also accepts the conditions specified in the relevant section of the "Portal".
6.2.1.5. The "Buyer" will be sent to the "Secure Account" of "Filyarn" for the purpose of fulfillment of the payment part of the sales contract between the "Seller" within the conditions specified in this contract, to be blocked until the process in Annex-1, which is an integral part of this contract, is completed. The "Buyer" accepts and undertakes that after the "Seller" sends the shipping information of the product to the "Seller", it will receive the product and notify the "Filyarn Membership Account" for the transfer of the product price in the "Secure Account" to the "Seller's account" or if it does not accept the product sent to it by the "Seller", it will return the product to the "Seller" and notify the "Filyarn Membership Account" to return the product price to it. If the "Buyer" sends the product back to the "Seller" for any reason, the sales price of the relevant product held in the "Secure Account" will be returned to the "Buyer's" account only if the "Seller" notifies the "Filyarn Membership Account" that the product has been returned. If the approval is given by the "Buyer" as specified in this article, the approval cannot be revoked in any way after the approval is given, and "Filyarn" will not be under any obligation, including providing communication between the "Members", in any dispute and similar situations that may arise after this process. The "Buyer" accepts and declares that if he/she fails to fulfill the above-mentioned obligations, he/she shall be deemed to have accepted the product sent to him/her by the "Seller" by "Filyarn" and shall be deemed to have notified the "Filyarn Membership Account" for the transfer of the product price for the goods in question in the "Secure Account" to the "Seller" without any warning. "Buyer" accepts, declares and undertakes that it will fulfill the transactions specified in this article in accordance with the processes in Annex-1, which is an integral part of this contract, and the explanations and periods made on the subject within the portal.
6.2.1.6. The "Buyer" accepts and declares that "Filyarn" does not have and does not need to have information about any issues related to the product and service, including whether the products and services offered for sale by the "Sellers" are defective, whether they are listed, whether they are among the products prohibited for sale, their quality, originality, accuracy and completeness of the written and / or visual descriptions used in the promotion of the product, and that it has no obligation to undertake and guarantee them.
6.2.1.7. The "Buyer" agrees and declares that after the service fee commission including VAT is deducted from the sales price sent to the "secure account" for transfer to the "Seller" and the "Buyer" fulfills the obligations specified in Article 6.2.1.5 of this contract. article 6.2.1.5. of this agreement by the "Buyer" and after the "Seller" has fulfilled its obligations specified in article 6.2.1.5. of this agreement, the "Seller" notifies "Filyarn" that it will only be transferred to a bank account within the borders of Turkey, in this process, the "Buyer" and / or "Seller" in the "Secure Account" accepts and declares that "Filyarn" does not make any transactions and savings on its behalf on the money of the "Buyer" and / or "Seller".
6.2.2. Rights and Obligations of Sellers
6.2.2.1.1. The "Seller" accepts and undertakes that it has the absolute right and authority to dispose of the products and services offered for sale in an uncontested manner and that there is no legal or actual obstacle to the sale of the said products and services by itself. The "Seller" accepts and undertakes that the sale of the products and services offered for sale is not contrary to the rules regarding the use of the "Portal" and the services offered on the "Portal" and the conditions regarding membership, including prohibited products, determined by the provisions of this contract or specified in the relevant parts of the "Portal", and that it complies with all applicable legislation. "Seller" accepts that all legal responsibility for the products and services offered for sale belongs to him and that "filyarn" is not in direct and indirect relationship with him in any capacity regarding the supply and sale of products and services.
6.2.2.2.2. The "Seller" accepts and undertakes that it will realize the sale of the product and service in question to the "Buyer" who requests to purchase the product and service offered for sale in the manner specified in the advertisement.
6.2.2.3. The "Seller" agrees and undertakes that if the "Buyer" sends the money to the "Secure Account", it will sell the product and / or service to the "Buyer" and will perform the delivery of the product and / or service in full and in accordance with the processes and periods specified in Annex-1, which is an integral part of this contract, which they have agreed with the "Buyer".
6.2.2.4. The "Seller" accepts, declares and undertakes that it is liable for any legal, commercial and administrative claims that may arise due to the fact that the products or services offered for sale and specified in its advertisement are among the prohibited products, that the production, reproduction, sale, distribution or any act related to the sale of the product or service in any way is contrary to any applicable regulation, and that it is obliged to defend "Filyarn" before any judicial, commercial and administrative authority against the requests made to "Filyarn" in this direction.
6.2.2.2.5. The "Seller" accepts and declares that the prices of the products that it is obliged to sell in accordance with article 6.2.2.2.2 of this contract will be transferred by the "Buyer" to the "Secure Account" managed by "Filyarn" to be blocked until the purchase and sale transaction between the "Buyer" and the "Seller", that is, the physical delivery of the product or service by the seller and the acceptance by the "Buyer" is completed. The "Seller" accepts and undertakes that within the process and period specified in Annex-1, which is an integral part of this contract, the "Buyer" may take delivery of the product and notify "Filyarn" for the product price in the "Secure Account" to be transferred to the "Seller's" account, or may not accept the product or service sent to him by the "Seller" and return the product or service to the "Seller" and notify "Filyarn" to return the product or service price to him. The "Seller" accepts and declares that if the "Buyer" fails to fulfill the above-mentioned obligations of the "Buyer", "Filyarn" shall assume that the "Buyer" has accepted the product and service sent by the "Seller" to the "Buyer" and that the "Buyer" shall be deemed to have notified "Filyarn" to transmit the product price for the goods in question in the "Secure Account" to the "Seller" without any warning. "Seller" hereby accepts, declares and undertakes that it will fulfill the transactions specified in this article in accordance with the processes in Annex-1, which is an integral part of this contract, and the explanations and periods made on the subject within the "Portal".
6.2.2.6. The "Seller" agrees that it will send and deliver the product or service to the "Buyer" in accordance with this contract on time and in accordance with the qualifications specified in the offer for sale and free from defects; the sale of the product or service to the "Buyer", the transfer of its ownership and related rights and the obligations belong only to him. The "Seller" hereby accepts, declares and undertakes that it will fulfill the obligation of sending and delivery specified in this article through the cargo companies approved by "Filyarn", that it will enter the information about the shipment into the "Portal" via the "Filyarn Member Account", and that in case of shipment or delivery without fulfilling these obligations, the amount sent by the "Buyer" to the "Secure Account" will not be transmitted to him and will be returned to the "Buyer".
6.2.2.2.7. The "Seller" agrees, declares and undertakes that the sales price sent by the "Buyer" to the "Secure Account" to be transferred to him/her shall be returned to the "Buyer" after the service fee commission including VAT is deducted and the "Buyer" fulfills the obligations specified in Article 6.2.1.5 of this agreement. article 6.2.1.5. of this agreement, the "Seller" notifies "Filyarn" that it will only be transferred to a bank account within the borders of Turkey, and accepts and declares that "Filyarn" does not make any transactions and savings on its behalf on the money of the "Buyer" and / or "Seller" in the "Secure Account" in this process.
6.3. Additional Services
In addition to the basic "services" listed above, "Members" may benefit from the "services" announced on the "Portal" and whose terms of use are specified in the relevant sections of the portal, if a fee is stipulated for the relevant service, by paying the specified fee. "Members" accept and undertake to comply with the obligations within the framework of the explanations made in the relevant section of the "Portal" regarding the services defined by "Filyarn" within the scope of this article and announced in the relevant section of the "Portal".
7. Products and Services Prohibited to be Advertised, Offered for Sale, Listed
7.1. The offering for sale and listing of some products and services within the scope of the services provided by "Filyarn" on the portal is prohibited by "Filyarn". The prohibited products and services are specified in the Annex-3 section of this Agreement, but not in limited number. It is forbidden to offer for sale, advertise and list the products and services that the "Member" does not have the right and authorization to make any kind of legal design on them without any dispute, except for those specified in this list.
7.2. In the event that the products and services specified as prohibited products and services are offered for sale or advertised on the portal by the "Member" and this situation is detected by "Filyarn", "Filyarn" reserves the right to stop the advertisement and listing of the relevant prohibited product and service for sale, to terminate the membership of the "Member" who offers the prohibited product and service for sale and advertises it, and to terminate this agreement without notice.
7.3. "Filyarn" may file a complaint or notice to the Public Prosecutor's Office and the relevant supervisory and regulatory bodies in order to take the necessary legal action against the "Member" without the necessity of prior warning to the "Member" when deemed necessary (especially in the sale of stolen, illegal and counterfeit products). "Member" agrees and undertakes not to hold "Filyarn" liable in any capacity and not to claim compensation in the event that "Filyarn" suffers damages as a result of complaint and/or provision of information in connection with the sale of prohibited products and services. The "Member" agrees and undertakes in advance to cover the litigation obligations of "Filyarn", including compensation and attorney's fees that may arise in the event of compensation claims from third parties or institutions arising from the same reason. "Member" accepts and declares that all of the products exhibited in the "Portal" are products that have been subjected to customs clearance and entered free circulation in accordance with the import legislation and regime of the Republic of Turkey, customs laws, legislation and regime.
8. Member Profile Evaluation System
8.1. The member profile evaluation system is an evaluation and scoring system created entirely by the initiative and evaluations of the "Members" in order to enable secure communication and trade between "Members" and to enable "Members" and "Users" to have an idea about other "Members". The right and authorization to enter new messages in the member profile belongs only to "Members" and "Filyarn". While "Members" add new comments to the user profile, they will enter their comments only in line with their experiences and knowledge gained in line with the use of "Filyarn" "services" and "portal".
8.2. All legal and criminal liability regarding the comments made by the "Members" while creating a member profile and adding new comments to the user profile belongs to the "Member" who added the comment. "Filyarn" shall not accept any legal responsibility for the comments in the user profiles.
8.3. The "Member" may not, under any pretext, use any method to manipulate the member profile evaluation system, to force the counterparty "Member" with whom he/she transacts to make positive comments about his/her own profile or to prevent him/her from making negative comments; if they do, they accept and declare that they will compensate all damages incurred by "Filyarn" on the subject and that "Filyarn" has the right to terminate this agreement unilaterally and without notice and to terminate the membership of the "Member".
8.4. "Members" cannot transfer the member profiles created for them to another "member" under any terms and conditions or allow their use in any way. In the event that the "Member" transfers the member profile created for him/her to someone else or makes it available for use, the "Members" accept and declare that "Filyarn" has the right to terminate this agreement unilaterally and without notice and terminate the membership of the "Member".
8.5. "Members" accept and declare that if they violate the rules specified by "Filyarn" on the portal or the provisions of this agreement and its annexes, penalty points may be deducted from their user profiles by "Filyarn".
9. Pricing
"Filyarn" will announce the "service" fees and payment terms related to the "Listing Services", "Secure Payment Service" and additional "services" specified under this Agreement in the relevant sections of the "Portal". Changes regarding the "Service" fees will become effective 3 days after the change is announced and will be valid until the expiration date of the campaign if there is a campaign related to the fee. Unless otherwise stated in the "Portal", all fees to be charged for "services" in the "Portal" will be calculated and collected in Turkish Lira (TL).
"Filyarn" may collect the services charged within the portal in various forms (credit card, postal check, Filyarn credit, bank transfer, eft, etc.). These procedures are specified in the explanations made in the relevant sections of the portal. "Members" are obliged to make fee payments in accordance with the explanations stated here.
In wholesale orders, the wholesaler who places the order is obliged to pay the warehouse fee.
10. Privacy Policy
"Filyarn" may use the information about the "Members" in the "Portal" within the scope of this Agreement and the Privacy Policy, which is an integral part of the Agreement and is included in Annex-4 of this Agreement. "Filyarn" may disclose or use confidential information of "Members" to third parties only under the conditions specified in the Privacy Policy.
You are deemed to have approved and accepted to receive e-mail, sms, mms from filyarn.com.
11. Other Provisions
11.2. Intellectual Property Rights
The information accessed or lawfully provided by members within this "Portal" and all elements of this "Portal" (including but not limited to the "Filyarn DATABASE", "Filyarn INTERFACE", design, text, images, html code and other code) (collectively referred to as the copyrighted works of "Filyarn") belong to "Filyarn" and/or have been obtained by "Filyarn" under license from a third party. "Members" do not have the right to resell, process, share, distribute, display or allow anyone else to access or use "Filyarn" services, "Filyarn" information and copyrighted works of "Filyarn". Except as expressly permitted by "Filyarn" within these "Portal Terms of Use", you may not reproduce, process, distribute or prepare derivative works or prepare derivative works of "Filyarn".
Unless expressly authorized by "Filyarn" within these "Portal Terms of Use", "Filyarn" reserves all rights to "Filyarn" services, "Filyarn" information, "Filyarn" copyrighted works, "Filyarn" trademarks, "Filyarn" commercial appearance or other assets and information provided through this portal.
11.2. Contract Amendments
"Filyarn" may, at its sole discretion and unilaterally, amend this agreement at any time it deems appropriate by announcing it on the "Portal". The amended provisions of this agreement shall become effective on the date of their announcement, and the remaining provisions shall remain in full force and effect and shall continue to give rise to their provisions and consequences. This agreement cannot be changed by unilateral declarations of the "Member".
11.3. Force Majeure
In all cases deemed to be legally force majeure, "Filyarn" shall not be liable for late or incomplete performance or non-performance of any of its obligations under this Agreement. These and similar cases shall not be deemed to be delay, incomplete performance or non-performance or default for "Filyarn", nor shall any compensation under any name be claimed from "Filyarn" for these cases. The term force majeure shall be interpreted as unavoidable events beyond the reasonable control of the relevant party and which "Filyarn" cannot prevent despite exercising due diligence, including but not limited to natural disasters, riots, war, strikes, communication problems, infrastructure and internet failures, improvement or renewal works related to the system and failures that may occur for this reason, power outage and bad weather conditions.
11.4. Applicable Law and Jurisdiction
In the implementation and interpretation of this agreement and in the management of legal relations arising under this agreement, Turkish Law shall apply, except for Turkish conflict of laws rules in the event of a foreign element. In the settlement of any dispute arising or that may arise out of this agreement, Istanbul Court
