AGREEMENT OF USE

1. INTRODUCTION

As VadiTrade (www.vaditrade.com.tr) (Company "AVE GROUP TEKSTİL TİCARET LTD.ŞTİ"), we would like to inform and enlighten you about our activities in accordance with these terms of use and our service sales agreement.

This agreement of use ("Agreement of Use") is signed for determining the conditions between Ave Group Tekstil Ticaret Ltd.Şti.  VadiTrade ("VadiTrade"), headquartered in Abdurrahman Nafiz Gürman Mah. General Ali Riza Gürcan Cad. No:27 İç Kapı No:81 Güngören / İstanbul and Members, Buyers, Sellers and Visitors ("Member", "Buyer", "Seller" "Visitor") regarding the use of the virtual store and e-commerce services offered by VadiTrade on its website.

1.1. Agreement

By clicking “I accept the Terms of Use”, “I Agree with the Terms of Use”, “Join Now”, “Log In”, “Register” or similar phrases, sign up, access or use our services (specified below), you are entering into a legally binding agreement with VadiTrade (even if you are using our Services on behalf of a company). If you do not accept this agreement (“Agreement” or “Terms of Use”), do not click “I Agree to the Terms of Use”, “Join Now” (or similar) and do not access or use any of our Services. If you wish to terminate this agreement, you may do so at any time by closing your account and stopping accessing and using our services. This Agreement is valid for all other services (“Services”) that are stated to be offered under this Agreement, including other sites, applications, communication tools and our advertisements and extensions related to VadiTrade, including data collection activities conducted outside the site for these services. Registered users of our Services are referred to as “Members”, “Buyers”, “Sellers” and our unregistered users as “Visitors”. This Agreement is valid for both Members, Buyers, Sellers and Visitors. If you approve this "Agreement of Use" on the site; You approve the "Privacy Policy", "Cookie Policy" and "Personal Data Protection Policy" in VadiTrade.

1.2 Members, Buyers, Sellers and Visitors

“Visitor” refers to the natural or legal person who uses the Website without being a Member and benefits from the Services.

By registering or participating in a VadiTrade service, you become a "Member". If you choose not to register on our Services, you can only access certain features as a "Visitor". Visitors cannot see product details, cannot shop or sell products without being a member.

“Member” and/or “Buyer” means the natural/legal person who becomes a member of the Website within the scope of this Agreement of USE with VadiTrade and purchases the products and/or services offered for sale through the advertisements given by the Seller on the Website.

“Member” and/or “Seller” refers to the legal/natural person member who becomes a member of the Website within the scope of the User Agreement with VadiTrade and offers various products and/or services for sale through the advertisements he/she has posted on the account he/she has created on the Website.

1.3 Changes

We may change this Agreement, our Privacy Policy, our Personal Data Protection Policy and our Cookie Policy from time to time. When we make a material change, we will notify you through our Service, or in other words, allow you to review the changes before they become effective. We acknowledge that these changes are not retroactive. If you object to any change, you can close your account. Your continued use of our Services after posting or giving you notice of the change constitutes your acceptance of those changes.

2. RIGHTS AND OBLIGATIONS

2.1 Eligibility for Service

To use the Services, you agree to: (1) be at least “Minimum Age” (defined below) or older; (2) you must have only one VadiTrade account and use your real name/trade name in these accounts; and (3) you must not be restricted by VadiTrade for the use of our Services. Creating accounts with inaccurate information, including creating accounts on behalf of others or anyone under the age of 16, is a violation of our terms.

2.2 Your Account

Members are the owners of the accounts. You agree to (1) choose a strong and secure password; (2) keep your password secure and confidential; (3) not give away any part of your account (eg, links) and (4) to comply with the law and what needs to be done within the site. You are responsible for everything done with your account, unless you close your account or report abuse.

2.3 Rights and Obligations of Members and Buyers

The member declares and undertakes that the personal and other information he/she provides while becoming a member of the www.vaditrade.com.tr website is correct before the law, and that VadiTrade will indemnify all damages incurred due to the untrueness of this information.

The member cannot give the password given to him by VadiTrade to other people or organizations, the member's right to use this password in question belongs to him personally. VadiTrade reserves the right to claim any kind of compensation and other claims arising from such unauthorized use against all claims and demands that may be brought against VadiTrade by third parties or authorized authorities with all liability that may arise for this reason.

Members have rights against the Sellers within the framework of further legislation, especially the Law on the Protection of the Consumer No. 6502, regarding the transactions they will carry out on www.vaditrade.com.tr.

The Member declares that the Seller is the seller and he is the buyer in the distance sales contracts to be concluded in the purchases to be made from any Seller on the Website; VadiTrade is a party to the said distance sales contract; therefore, VadiTrade accepts and declares that it is personally responsible in every sense within the scope of the current consumer law legislation and further legislation. In this context, the Member accepts and declares that VadiTrade is responsible for the quality, compliance with the legislation, issuance of warranty certificates, invoicing and delivery of other necessary documents, of all products exhibited and sold in the Virtual Store and for the after-sales service and further the delivery of the products on time. 

The Member accepts and declares that he/she will act in accordance with the provisions of this Membership Agreement, all conditions stated on the Website, applicable legislation and ethical rules in the transactions and correspondence he/she performs on the Website. The legal and criminal responsibility for the transactions and actions of the Member within the Website belongs to him.

The Member accepts and undertakes in advance to comply with the provisions of the legal regulations and not to violate them while using the www.vaditrade.com.tr website. Otherwise, all legal and penal obligations to arise will bind the member completely and exclusively.

In case of disagreement as to which person the membership rights and obligations belong to, and the said persons make a request from VadiTrade in this regard, VadiTrade has the right to act in this direction by accepting that the last person who paid VadiTrade for any Service using the relevant Membership account is the owner of the Membership account.

2.4. Rights and Obligations of the Seller

In order to gain the title of "seller", the seller must first accept the membership rights and obligations, and submit the requested company name, tax number, address, telephone number, brand name information and/or related contracts and will ensure that this Agreement is approved electronically in full and in full.

  VadiTrade reserves the right to reject the Seller's application without giving any reason and/or to request additional documents. The Seller, whose application has been accepted, will fill in the forms requested on the Website completely and truthfully.

The Seller shall be personally responsible for all losses that may arise due to false information given by the Seller during the application.

The seller has the right to change the quantity and price within 24 hours after uploading the product to the website, without informing VadiTrade.

The Seller is obliged to notify VadiTrade of any changes that may occur in the documents and information it has provided, especially the information belonging to the Seller and its authorized representative, as soon as the change occurs, and to update its record in the system accordingly.

In accordance with the Law on Protection of Personal Data No. 6698, the Seller is obliged to take all necessary technical and administrative measures to ensure the appropriate level of security in order to prevent the unlawful processing of personal data and unlawful access to personal data and to ensure the preservation of personal data and is responsible for taking these measures.

The Seller is personally responsible for the authenticity, reliability, accuracy and legality of all kinds of visual, written and other information and content provided for the advertisements published on the Website and the Virtual Store.

The Seller accepts in advance all the Distance Sales Regulations and Agreements, the Laws on the Protection of the Consumer, the laws on Payment Services and the Turkish Commercial Code entered into force in the Official Gazette, and is obliged to act accordingly.

2.5 VadiTrade's Rights and Obligations

In case that VadiTrade determines that any content published on the Seller's Website is contrary to the applicable legislation, the right to immediately remove this content is always reserved. In such a case, the Seller cannot claim any compensation from VadiTrade under any name.

Due to VadiTrade is not a seller of any product or service on the Website and is only "intermediary service provider" in accordance with the Law No. 6563 on the Regulation of Electronic Commerce, and is as a "host provider" pursuant to the Law No. 5651 on the Regulation of Broadcasts Made on the Internet and Combating Crimes Committed Through These Broadcasts; It has no responsibility for the content on the website that has not been published by it, and it has no obligation to check whether the content in question is in compliance with the law.

Although VadiTrade has no such obligation and at its sole discretion, VadiTrade has the right to control the content in question at any time and to disable access and delete it if it deems necessary. Persons violating the rights of VadiTrade or third parties with any visual, written or other content published on the website are liable to VadiTrade and/or such third parties.

VadiTrade will keep the personal and commercial information provided by the Seller during the membership process and throughout the membership in a secure environment. VadiTrade may use this information for the purposes of advertising, marketing, posting of its and its business partners' activities and applications, credibility inquiries and other purposes, in order to carry out the applications required for the full and proper operation of the Services, to make statistical evaluations, and may be disclosed to third parties limited to the stated reasons. In this sense, the Seller will consent to the use and storage of its own information by VadiTrade in accordance with the provisions of this article.

VadiTrade accepts all Distance Sales Regulations and Contracts, Laws on Consumer Protection, Laws on Payment Services and Turkish Commercial Code in advance and is obliged to act accordingly.

2.6 Payment

If you purchase any of our Paid Services (posting ads for purchases and sales on the e-commerce site), you agree to pay us any applicable fees and taxes and any additional terms specific to that paid Service. If you do not pay these fees, your subscription will be terminated. Taxes payable are calculated based on the billing information you provide during the purchase process.

2.7 Returns

Pursuant to the Law No. 6502 on the Protection of the Consumer and the Regulation on Distance Contracts, the "Buyers" have the right to return the products without giving any reason and "without paying the shipping fee", using their right of withdrawal within 14 days from the delivery date. “Sellers” and VadiTrade are responsible for executing the return procedures in accordance with this law.

The buyer (customer) must notify the seller (store) that he wishes to return the product, using his right of withdrawal within 14 days from the date of delivery. The “Seller” or VadiTrade is obliged to return the product within 14 (fourteen) days at the latest after receiving the customer's request, to return the product price to the customer without any expense to the customer, and to pay the return shipping fee.

In the return process the "Buyer" is obliged to provide the conditions for sending the purchased product in its original box, unopened and undamaged, with all its complementary accessories, if any, with a promotion given as a gift, harmless and complete at the same time with the campaign products, together with your invoice in your corporate firm shopping.

The right of withdrawal is not valid for products which’s protective elements such as packaging, tape, seal, package have been opened after delivery, and which are not suitable for return in terms of health and hygiene. (Perfume, underwear, swimwear, cosmetics, headphones, epilator, shavers etc.)

2.8 Notifications, Messages and Sharing

You agree that we send you notifications and messages through our website, applications and contact information. If your contact information is not up to date, you may not receive important notifications. You agree that we may send you notices and messages: (1) within the Service, or (2) to the contact information you provide 

to us (eg, email, mobile phone number, address). You agree to keep your contact information up to date.

When you share information within our services, other people cannot see, copy or use this information. The Services we offer do not allow sending messages and sharing information in many different ways. (eg your profile, slides, new article links, job postings, Mail and blogs). The information and content you share or post will not be viewed by other Members, Visitors or other persons (which may be outside of our Services). We are under no obligation to post any information or content related to the Services we offer and may remove them at our discretion, with or without notice.

3. RIGHTS AND LIMITATIONS

3.1 License Provided to VadiTrade

You own all content, feedback and personal information you submit to us; however, you also grant us a non-exclusive license. Between you and VadiTrade, you own the content and information you submit to or post on the Services and you grant VadiTrade and our affiliates the following non-exclusive license: You agree that we may access, store, process and use any information and personal data you provide in accordance with our Privacy Policy and Personal Information Protection Policy provisions and our preferences. You agree to only share content and information that will not infringe the law and the rights of others (including intellectual property rights). You also agree that your profile information will be correct.

3.2 Availability of Services

We may change, suspend or terminate any Service or change and adjust prices in the future at our sole discretion. To the extent permitted by law, these changes may be effective from the time they are notified to you. By using the Services, you may come across inaccurate, incomplete, delayed, misleading, illegal, offensive or harmful content or information. We cannot always prevent misuse of our Services and you agree that we are not responsible for such misuse. You are responsible for your use of the content and information that other people post on our Services. Other people may offer their own products and services through our Services and we are not responsible for these third-party activities. It is up to you to decide whether you want to access or use third-party applications or sites that can be linked through our Services. VadiTrade is not responsible for other sites and applications, except in limited cases as may be required by applicable law.

3.3 Limitations

VadiTrade reserves the right to limit your use of the Services. VadiTrade reserves the right to restrict, suspend or close your account if it believes that you are violating this Agreement or the law or misusing the Services.

3.4 Intellectual Property Rights

VadiTrade reserves all intellectual property rights in the Services. Using these Services does not grant you any ownership rights over our Services or the content or information you access through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners.

3.5 Automatic Processing

We use the information and data you provide and that we have about Members to create recommendations for links, content and features that may also be useful to you. Keeping your profile accurate and up-to-date ensures that these recommendations are more accurate and more relevant to you.

4. Termination

The Parties may terminate this Agreement at any time, without any reason and without obligation to pay compensation, provided that it is notified in writing or electronically.

In case this Agreement is terminated by VadiTrade or the Seller in this way, the Seller agrees and undertakes to pay the fees related to the service provided by VadiTrade until the termination date. All responsibilities that may exist against the Buyers regarding the sales made by the Seller through the Virtual Store will continue.

5. Dispute Resolution

Except for the conflict of laws rule, it is agreed by all parties that the laws of Turkey shall have exclusive jurisdiction in any dispute regarding this Agreement and/or the Services. You and VadiTrade agree that you can only be sued in Istanbul provincial courts for these claims and disputes.