1.1. This membership agreement (“Membership Agreement”) is headquartered in Arnavutköy, Çeşme Sk. No: 12/1 Arnavutköy, Beşiktaş – İstanbul Turkey DEMİRSOY TARIM HAYVANCILIK VE GIDA SANAYİ TİC. LTD. STI. (“DEMİRSOY”) and the MEMBER (“Member”) to determine the conditions for the member to benefit from the goods and services offered on the website operated by DEMİRSOY.
1.2. DEMİRSOY and MEMBER will be referred to individually as “Party” and jointly as “Parties” in this membership agreement.
Cookie Policy Containing information about the cookies used in order to ensure the functional operability of the website, to improve the shopping experience of the Members and to provide content suitable for the preferences and tastes of the Members in line with the information about their visit to the website, and via the website (https://gochek) .com.tr/privacypolicy) refers to the text that can be accessed.
Privacy and Personal Data Protection Policy (https://gochek.com.tr/privacy-policy) refers to the text that can be accessed. My Account Page means the Member-specific page that can be accessed only with the username and password determined by the relevant Member, where the Member can perform the necessary actions in order to benefit from the various applications and Services on the website, enter his personal data and information requested on the basis of the application.
Service means the services and applications offered by DEMİRSOY in order to enable Members and Visitors to perform the business and transactions defined in this Membership Agreement.
Shop means the virtual space consisting of content and images for the sale of one or more products, in accordance with DEMİRSOY’s procedures and rules, on the website of DEMİRSOY.
Member means the real person who becomes a member of the website within the scope of this Membership Agreement with DEMİRSOY and purchases the products offered for sale by DEMİRSOY on the website.
Website means the website and mobile site with the domain name gochek.com.tr, which is owned by DEMİRSOY and DEMİRSOY provides the services determined by this contract.
Visitor means the real person who uses the website without being a member and benefits from the services.
3.1. DEMİRSOY operates the website and is an intermediary service provider in accordance with the Law No. 6563 on the Regulation of Electronic Commerce.
3.2. In accordance with the Membership Agreement, the Member wishes to become a member of the Website, benefit from the Services and purchase the products sold on this platform.
3.3. The purpose of the Membership Agreement is to determine the conditions for benefiting from the services and to determine the rights and obligations of the parties in this direction. With the acceptance of the Membership Agreement by the Member, the Member declares and undertakes that he/she has accepted all kinds of statements regarding the services, usage, content, applications and members on the website.
3.4. For the avoidance of doubt, this Membership Agreement is only between the Parties and covers the forms and conditions for the Services and products that are or will be included in the website. Members will be able to seek their rights against DEMİRSOY within the framework of other legislation, in particular the Law on Consumer Protection No. 6502, regarding the transactions they will carry out in the Shop.
4.1. In order to gain membership status, the Membership Agreement must be approved and the information requested on the membership page must be filled with correct and up-to-date information. The user who wants to become a member must be over 18 (eighteen) years old. The Member, who does not provide correct and up-to-date information while filling out the Membership Agreement, is personally responsible for all damages that may arise due to this.
4.2. In the event of a dispute as to which person the Membership rights and obligations belong to, and the said persons make a request from DEMİRSOY, DEMİRSOY accepts that the last person who paid DEMİRSOY for any Service using the relevant Membership account is the owner of the Membership account, accordingly. has the right to act.
4.3. The Member states that DEMİRSOY is the seller party and he is the buyer party in the distance sales contracts to be concluded in the purchases to be made through the website; accepts and declares that only DEMİRSOY is personally responsible in every sense within the scope of the current consumer law legislation and other legislation. In this context, the Member is responsible for the quality of all products exhibited and sold in the Shop, their compliance with the legislation, the issuance of a warranty certificate, invoicing and the delivery of other necessary documents and after-sales service etc. accepts and declares that only DEMİRSOY is responsible for its services and delivery of the products on time.
4.4. The Member accepts and declares that he will act in accordance with the provisions of this Membership Agreement, all conditions stated on the website, applicable legislation and moral rules in his transactions and correspondence on the website. The legal and criminal responsibility for the transactions and actions of the Member within the website belongs to him.
4.5. DEMİRSOY, upon the request of the competent authorities in accordance with the current legislation, may share the information of the Member with the said authorities, if necessary in accordance with the Law on Protection of Personal Data No. 6698, by informing the Member in advance and in any case subject to the data transfer rules.
4.6. Personal data obtained from the Members during membership and/or shopping on the website, fraud, misuse of the Website, in disputes that may constitute a crime within the meaning of the Turkish Commercial Code No. 6100, in order for the parties to exercise their legal rights, limited only to the requested subject, In accordance with the KVKK numbered 6698, if necessary, the person concerned will be able to forward it to other Members who may be a party to the dispute, by being informed in advance and subject to data transfer rules in any case.
4.7. The user name and password information required by the Member in order to access the My Account Page and perform transactions on the Website is created by the Member, and the security and confidentiality of such information is entirely the responsibility of the Member. The member states that the transactions performed with his/her own username and password have been carried out by him/her, that he/she is responsible for these transactions in advance, that he/she cannot claim any objection and/or objection that he/she did not perform the works and transactions carried out in this way, and/or It accepts, declares and undertakes that it will not refrain from fulfilling its obligations based on the objection or the objection.
4.8. The member shall not use the website in an unlawful and unethical manner, especially in the following cases:
4.8.1. Using the website for the purpose of creating a database, record or directory on behalf of any person,
4.8.2. Using the whole or part of the website for the purpose of disrupting, altering or reverse engineering,
4.8.3. Making transactions using false information or another person’s information, creating unreal Membership accounts by using false or misleading personal data, including wrong or misleading residence address, e-mail address, contact, payment or account information, and the creation of these accounts in accordance with the Membership Agreement or in force. being used in violation of the legislation, unauthorized use of another Member’s account, being a party or participant in transactions by replacing someone else or under a wrong name,
4.8.4. Comment and scoring systems; used for non-website purposes such as publishing the comments on the website outside of the website or for other purposes other than those used to manipulate systems,
4.8.5. Spread of viruses or any other harmful technology to the website database, to any content on the website,
4.8.6. Collecting any information about the members, including e-mail addresses, without the consent of the persons concerned, or making other practices that would constitute a violation pursuant to the KVKK No. 6698,
4.8.7. Engaging in activities that will create unreasonable or disproportionately large downloads on communications and technical systems determined by the website or harm technical operation, automatic program, robot, web crawler, spider, data mining (data mining) on the Website without the prior written consent of DEMİRSOY. using “screen scraping” software or systems such as mining) and data crawling, and in this way copying, publishing or using all or part of any content on the website without permission,
4.8.8. Using the Services, campaigns and advantages offered on the website in bad faith and for the purpose of providing unfair benefits, violating the campaign conditions in bad faith,
4.9. The member is obliged to carry out the transactions made on the website in a way that does not cause any technical damage on the website. Member, all information, content, material and other content to be provided to the Website, any program, virus, software, unlicensed product, trojan horse, etc. that will harm the system. It accepts and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products, to prevent The Member also agrees that he will not enter the Account Page with robot or automatic login methods.
5.1. Any of the Parties may terminate this Membership Agreement unilaterally and without compensation at any time. In such a termination, the Parties shall mutually fully fulfill their rights and obligations arising up to the date of termination.
5.2. DEMİRSOY has the right to suspend, terminate, suspend, suspend and pursue the membership in case it detects that the Member has violated any article of this Membership Agreement or has a reasonable suspicion regarding this.
6.1. DEMİRSOY attaches importance to the processing, security and protection of the personal data provided by the Member through the website in accordance with all kinds of legislation, including the Law on the Protection of Personal Data No. 6698, in order to benefit from the services offered on the website. In this context, DEMİRSOY collects, uses, transfers and processes the personal data provided by the Member in accordance with the Privacy and Personal Data Protection Policy and the Cookie Policy on the website.
The member can always review the Privacy and Personal Data Protection Policy on the website to learn more about the conditions regarding the use of his personal data and his rights in this regard, and use it by sending an e-mail to [email protected] as specified here. he understands.
6.2. Personal data shared by the Member in order to create a Membership on the website or to benefit from the website; Execution of the obligations determined by the Membership Agreement, execution of the applications required for the operation of the website, providing and offering various advantages to the Member or Visitor, realizing the payment transactions, making the order deliveries, customer service and complaint tracking, and advertising, sales, marketing specific to the Member. are collected, stored and processed by DEMİRSOY or its business partners in accordance with the Privacy and Personal Data Protection Policy and Cookie Policy for the purpose of conducting surveys, all kinds of electronic communication for similar purposes, profiling, statistical studies.
The gochek.com.tr brand and logo, the design, software, domain name of the gochek.com.tr website and all kinds of trademarks, designs, logos, trade dress, slogans and all other content created by DEMİRSOY in relation to them are all intellectual property It is the property of DEMİRSOY with its right. The member may not use, share, distribute, display, reproduce or make derivative works from the intellectual property rights of DEMİRSOY without the permission of DEMİRSOY. The member cannot use the whole or a part of the gochek.com.tr website in any other environment without the permission of DEMİRSOY. In case the Member acts in violation of the intellectual property rights of third parties or DEMİRSOY, the Member is obliged to compensate all direct and indirect damages and expenses of DEMİRSOY and/or the said third party.
DEMİRSOY, at its sole discretion, may, at any time it deems appropriate, this Membership Agreement and any policies, terms and conditions, including the Privacy and Personal Data Protection Policy and Cookie Policy on the website, in violation of the provisions of the current legislation. may change it unilaterally by announcing it on the website. The amended provisions of this Membership Agreement will become valid on the date they are announced on the website, and the remaining provisions will remain in effect and continue to have their terms and consequences. For the avoidance of doubt, this Membership Agreement cannot be changed unilaterally by the Member.
Employer-employer disputes, including riots, embargoes, government intervention, riots, occupations, wars, mobilizations, strikes, lockouts, labor actions or boycotts, cyber-attack, communication problems, infrastructure and internet failures, system improvement or renovation works, and Failures, power cuts, fires, explosions, storms, floods, earthquakes, migrations, epidemics or other natural disasters or other events that are beyond DEMİRSOY’s control, that are not caused by a fault and that cannot be reasonably foreseen (“Force Majeure”) DEMİRSOY’ If it prevents or delays the performance of its obligations arising from this Membership Agreement, DEMİRSOY cannot be held responsible for its obligations that are prevented or delayed as a result of Force Majeure, and this cannot be considered as a violation of this Membership Agreement.
10.1. Evidence contract. The Member agrees that DEMİRSOY’s official books and commercial records and e-archive records, electronic information, electronic correspondence and computer records kept in DEMİRSOY’s database and servers will constitute binding, definitive and exclusive evidence in disputes that may arise from this Membership Agreement, and that accepts that the article is in the nature of an evidential contract within the meaning of article 193 of the Code of Civil Procedure No. 6100.
10.2. Applicable Law and Dispute Resolution. This Membership Agreement shall be governed exclusively by the laws of the Republic of Turkey. Any dispute arising from or in connection with this Membership Agreement shall be under the exclusive jurisdiction of Istanbul Central (Çağlayan) Courts and Enforcement Offices.
10.3. Notification DEMİRSOY will communicate with the Member via the e-mail address that the Member has stated while registering, or by calling the phone number and sending an SMS. The member is obliged to keep his e-mail address and phone number up to date.
10.4. Integrity and Severability of the Membership Agreement. This Membership Agreement constitutes the entire agreement between the Parties on the subject. If any provision of this Membership Agreement is determined by any competent court, arbitral tribunal or administrative authority to be wholly or partially invalid or unenforceable or unreasonable, this Membership Agreement shall be deemed severable to the extent that such invalidity, unenforceability or unreasonability is reached. other provisions shall remain in full force and effect.
10.5. Transfer of Membership Agreement. The Member cannot fully or partially assign its rights or obligations under this Membership Agreement without the prior written consent of DEMİRSOY.
10.6. Amendment and Waiver. Failure of a Party to exercise or exercise any right granted to it in the Membership Agreement shall not constitute a waiver of such right or prevent the further exercise or enforcement of such right. This Membership Agreement, which consists of ten articles, has entered into force by the Member’s reading and fully understanding each provision and approval in the electronic environment.