PARTIES AND SUBJECT
1.1. This Membership Agreement is valid for persons who offer Products for sale on RECOUP as a Member or Seller. Therefore, please read the conditions written below carefully. If you do not accept these conditions, do not become a member of RECOUP.
1.2. The owner of RECOUP is LINK ÇÖZÜM TEKNOLOJİ LİMİTED ŞİRKETİ LINK PAYMENT ("Company"), located at "EHLİBEYT MAH. TEKSTİLCİLER CAD. NO: 16 İÇ KAPI NO: 6 ÇANKAYA / ANKARA". The Services offered on RECOUP are provided by the Company. The Company reserves the right to change the information, forms, content of any kind and this Membership Agreement on RECOUP at any time and without any prior notice.
1.3. The Company may change the conditions specified in this Membership Agreement at any time and without any prior warning or notice. These changes may be changed by the unilateral declaration of the Members in the Membership Agreement on the Website
2. DEFINITIONS
WEBSITE : The internet site consisting of the domains recoup.com.tr and subdomains connected to these domains, all rights of which belong to the Company, where RECOUP Services are provided, where Sellers can offer their Products for sale and Buyers can view these Products.
APPLICATION : The mobile application software working on mobile phones, tablets and similar portable devices, all rights of which belong to the Company.
APPLICATION STORE : Refers to the medium where Applications created to be used on RECOUP and products and services created in connection with these Applications are listed and presented, all rights of which belong to the Company. Applications can be offered free of charge or for a fee. If the Applications are paid, the details regarding the fee and the terms of use, rules and similar usage details of each application will also be specified in the Application Store.
APPLICATIONS : Software created to be used on RECOUP. Applications may have been created by the Company, or they may have been developed by third parties to be offered for sale and/or use in the Application Store. The obligations undertaken by the Company regarding the Applications and/or the conditions regarding the Application may vary depending on whether the Application was developed by the Company or by third parties. Detailed information regarding the Applications will be specified separately on the relevant page of each Application.
RECOUP : The Website and the Application are collectively referred to as "RECOUP".
SERVICES : Refers to all of the platform provision Services provided by RECOUP to enable Sellers and Buyers to perform the transactions defined in the Terms of Use and Membership Agreement on RECOUP. In this context, Services are provided on RECOUP so that the content uploaded to the Database by the Sellers can be viewed by the Visitors, the Products are listed so that the Visitors can access the Products, and the sold Products are reported. The Company may change the definition of the Services at any time and without notice, and may close the Services to the use of third parties.
VISITOR : Refers to every real and legal person accessing RECOUP. The definition of Visitor covers all the definitions of Member, User, Seller and Buyer.
MEMBER : Refers to real or legal persons who offer Products for sale by creating their own content with the products and/or services they list with the account they create on RECOUP and who have become a member of RECOUP within the conditions specified in the Membership Agreement. Members may hereinafter be referred to as "Seller".
USER : Refers to every real and legal person who purchases the Products offered for sale on RECOUP. Users may hereinafter be referred to as "Buyer".
PAYMENT SERVICE PROVIDER : Banks, electronic money institutions and payment institutions within the scope of Law No. 5411 according to Article 13 of the Law No. 6493 on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions, with which the Company has a contractual relationship, are payment service providers.
PRODUCT : Refers to the products and services offered for sale by the Sellers on RECOUP in accordance with the Terms of Use, Membership Agreement and its annexes, primarily the Prohibited Products list.
CONTENT : Refers to all kinds of information, text, files, pictures, videos and similar visual, literary and auditory images, including but not limited to information about the Products uploaded by the Company or the Sellers, which are accessible on RECOUP. Content may hereinafter be referred to as "Product".
SERVICE FEE : The fee to be paid to RECOUP by the Seller.
INTERFACE : Internet pages used by Visitors to view the Contents and query them from the RECOUP Database; protected under the Law No. 5846 on Intellectual and Artistic Works (FSEK) and all intellectual rights of which belong to the Company, giving commands to the computer program to perform any transaction that can be performed on RECOUP.
DATABASE : The set of data in which the Contents are stored, classified, queried and accessed, which belongs to the Company and is protected under the Law No. 5846 on Intellectual and Artistic Works, and the system that enables these data to be read.
3. GENERAL PROVISIONS
3.1. This Membership Agreement is valid between the Company, which is the owner of RECOUP, and the Member who wants to benefit from the Services, and determines the terms and conditions required for membership.
3.2. By accepting this Membership Agreement;
§ Real person Members accept in advance and declare that they are over 18 years old and have the necessary legal capacity to conclude a contract,
§ Legal person Members accept in advance and declare that the Membership Agreement has been accepted by authorized persons and is binding on the legal person
§ Real and legal person Members accept in advance and declare that they have not been temporarily or permanently suspended from membership by RECOUP for any reason. In addition, by accepting the Membership Agreement, the Member accepts, declares and undertakes that they are authorized to use the Services provided on the Website, to log in to RECOUP, and that they assume all responsibility in the selection and use of the Service and logging in to RECOUP.
3.3. The discretion to accept a Member belongs solely and exclusively to the Company. The membership application will be evaluated by the Company, and the Company has the right to reject membership requests without having to show any reason. The Company has the right to invalidate unused memberships. Even after the membership procedures are completed, the Company has the right to temporarily or permanently suspend or cancel the membership, and also to cut off the Service without showing any reason.
3.4. Membership is completed when Visitors who want to become a Member from the relevant section of RECOUP fill out the membership form required to become a member of the Website, provide their identity information, have their identity information verified if deemed necessary, register by paying the preliminary fee, if any, regarding a paid service among the services to be benefited according to the information provided in the membership form, and providing bank information and similar payment and account information, and the Company approves these transactions. Members accept, declare and undertake in advance that they will not be able to collect from Buyers if they do not enter their bank and similar payment and account information in the relevant sections of the Website.
3.5. Services; (i) providing a platform where Sellers can offer their Products for sale and Buyers can view and order the Products, and (ii) ensuring that the payments made by the Buyers are transferred to the Seller following the receipt of the relevant Product by the Buyer. At this point, RECOUP has no obligation to control the content of the Products delivered to the cargo by the Sellers. In this context, if the Seller does not send the relevant Product to the Buyer or if the Product sent to the Buyer turns out to be different from the promised, defective or incomplete, the amount sent by the Buyer will be refunded to the Buyer.
3.6. RECOUP and the Company in this context mediate the establishment of a distance contract within the scope of the Law on the Protection of Consumers No. 6502 and the Law on the Regulation of Electronic Commerce No. 6563, and have the title of "Intermediary Service Provider".
3.7. RECOUP ensures that the Products offered for sale by the Members on RECOUP are listed, and that the amounts paid by the Buyers are transferred to the relevant Seller with the approval to be given following the payment of the Product price by the Buyers. In this context, Sellers accept and undertake that the Company is authorized to collect the price of the Products offered for sale on behalf of the Seller. By making a payment via RECOUP, Buyers fulfill their payment obligations within the scope of the contractual relationship they have established with the Sellers. In this context, the Seller accepts and undertakes in advance that the Company is authorized to transfer the payments to be made by the Buyers to the Seller's account following the receipt of the relevant Product by the Buyer, and that they will be obliged to pay a service fee in return for the Services.
3.8. Members accept in advance that the Service Fee Conditions are valid in order to collect from Buyers.
3.9. Members, Users and Visitors accept, declare and undertake in advance that the Company is not obliged to check any information entered in the relevant sections of RECOUP and does not undertake the accuracy of the information given to it under any circumstances. However, Visitors accept that they are obliged to provide RECOUP with true, real and complete information belonging to them so that the Services can be provided as requested; otherwise, various problems may arise, including but not limited to the purchased Products not reaching the address they have provided. In this context, Visitors are obliged to provide the information requested from them over RECOUP fully, accurately and truthfully, and are obliged to compensate the Company for any damages arising from providing such information incorrectly.
3.10. The Member is obliged to protect their username and password information. The Member cannot disclose this information to third parties and cannot make it available to third parties. The Member undertakes to immediately notify RECOUP of the situation if they learn that this information has been used without authorization. The Company has the right to block the Member's access to RECOUP and/or terminate their membership in order to prevent unauthorized use.
3.11. RECOUP always has the right to convert the information kept in the Database into statistical information, use it in the field of advertising and/or marketing, determine the general trends of the Visitors, and use its content and services to improve it in order to offer richer content to the Visitors in this sense.
3.12. RECOUP may use Product information and/or comments and suggestions sent by Members and any Content regarding these product information, comments and suggestions, including photos if any, in any promotional material in any way, including on the internet.
3.13. Personal data shared with RECOUP are processed within the scope of the Personal Data Protection Law No. 6698 ("KVKK"). To get more information regarding personal data, please review the Illumination Text Regarding the Processing of Personal Data. However, the accuracy and storage of these data are made by the Seller/Buyer. The Company has no responsibility.
3.14. Persons under the age of 18 cannot become Members of RECOUP and cannot offer Products for sale. In the event that Members are determined to be under the age of 18, their membership will be terminated immediately due to violation of the provisions of this Membership Agreement, without the necessity of making any prior notification.
3.15. Additional rules may apply to the sale and purchase of Products and to certain parts or features of RECOUP, including contests, promotions and other similar features, and all of such rules become an annex and integral part of this Membership Agreement by this reference. Members agree to comply with all such rules, including the declaration that they are of sufficient legal age to use the Services offered on the Website.
3.16. The Company reserves the right to limit purchasing quantities.
3.17. The Company makes an effort to show the Product visuals as close to their original colors as possible, but makes no commitment regarding the accuracy of the colors of the Products.
3.18. Within the scope of the Services, the Company does not give any explicit or implicit guarantee to any Member, including fitness for a particular purpose, uninterrupted continuity, updating, sales guarantee, functionality, accuracy, error-free. The Company may temporarily suspend or completely stop the services when it deems necessary. The Company has no responsibility towards the Members due to the temporary suspension or complete stopping of the Services.
3.19. The Company may unilaterally make changes to the Service Fee applied to the Members at any time and without making any notification to the Members. Changes regarding the Service Fee will be effective from the moment the change is announced and, if there is any campaign, will be valid until the end date of the campaign.
3.20. The Company does not represent Buyers and/or Sellers under any circumstances, except for payments to be collected from Buyers on behalf of Sellers. The Company has no obligation, including providing communication between the Seller and the Buyer, in any dispute and similar situation that may arise between the Seller and the Buyer, and in the event of any dispute between the Seller and the Buyer, the Company cannot be shown as a party to the said dispute.
- RIGHTS AND OBLIGATIONS OF MEMBERS
4.1. The Member has accepted and undertaken to benefit from the Services in accordance with the rules published on RECOUP. The Company has the right to make changes to the terms and conditions of use by making announcements and/or notifications whenever it wishes. In case of any change, Members cannot make any claim of acquired and/or prior right. In this context, rules and announcements published on RECOUP are also annexes and integral parts of this Membership Agreement.
4.2. Members can only make legally compliant transactions on RECOUP. The legal and penal responsibility in every transaction and action made by the Members on RECOUP belongs personally and exclusively to them. In this context, Members accept and declare that they will comply with the legislation in force in all transactions they will make and that all responsibilities regulated by the legislation belong to them.
4.3. Members cannot claim that they do not know or are not in a position to know the responsibilities imposed by the legislation in force. RECOUP may refrain from publishing Contents that it determines to be contrary to the legislation or to cause confusion on any issue. In case the Company faces a legal or penal liability due to any information or data entered by the Member in any way to the information systems where RECOUP is located, despite being published or not being published, the right of recourse to the Member is reserved.
4.4. The Member cannot refrain from sending the Product purchased by the Buyer by paying the price to the Buyer for whatever reason, except in cases of force majeure. In such a case, although the Company has no legal or penal liability, upon the notification of the situation by the Buyer, the Company may temporarily or permanently freeze the Member's membership or terminate the membership. In this case, the Member accepts and undertakes in advance that they will be obliged to cover all the damages of the Company, if any.
4.5. The warning regarding the cargo information of the Product and tracking of the delivery will be notified to the email address provided by the Buyers by RECOUP. In the event that the Buyers enter their email addresses none, incompletely or falsely, RECOUP has no obligation to notify the Buyers. RECOUP and the Company assume no responsibility for the delivery of the Product to the Buyer via cargo. Only and exclusively the Member is responsible for sending the Product by cargo and its delivery.
4.6. After the delivery of the Product, in case the payment made by the Buyer is not paid by the relevant bank or financial institution for any reason, is canceled or withdrawn from the Company's accounts, the Seller's obligation to send the Product does not arise. If it is understood that the payment has not been made after the Seller sends the Product and the delivery of the Product, the Buyer is obliged to send the received Product to the Seller. In this case, the Buyer is obliged to send the Product to the address specified by the Seller within 24 hours at the latest. Buyer and Seller accept, declare and undertake that RECOUP and the Company have no obligation in this regard, and therefore they will not make any demands from RECOUP and the Company.
4.7. All Members accept and declare that their information defined on RECOUP (name, surname, address, email, bank account information) is accurate and belongs to them. If RECOUP determines that this information is not correct, it may cancel the transaction, sale, membership or apply other sanctions it deems appropriate, without any notification to the Member.
4.8. RECOUP and the Company may temporarily or permanently suspend the Member's membership at any time without giving any reason and without warning, subject it to other limitations to be determined or unilaterally terminate this Membership Agreement. In the event that the membership is terminated or suspended, if the Member has an existing receivable from the Company, the Company may withhold it in order to offset it against a possible damage.
4.9. In the event that the Buyer returns the Product due to an incorrect, unauthorized or suspicious transaction and requests a refund, and the Company, third parties who are business partners and/or the Payment Service Provider make any refund or damage compensation to the Buyer or are subjected to an administrative sanction before the relevant administrative institutions, all damages and losses incurred by the Company, business partner and/or Payment Service Provider will be recourse to the Seller, and in this case, all damages and losses together with all accessories will be paid by the Seller following the first demand of the Company. In such a case, the Company reserves the right to set off the amounts to be paid by the Seller from the payments to be made to the Seller. The Seller cannot demand the return of the Service Fee from the Company in these cases.
4.10. In cases of violation of the Membership Agreement, Terms of Use and their annexes, the right of the Company to demand compensation for material and moral damages is reserved. Membership Agreement, Terms of Use and its annexes shall be deemed suspended during this period in case RECOUP's broadcast is stopped/suspended for any reason. Members and Users cannot claim compensation for sales transactions that remain suspended during this process.
4.11. The Membership Agreement automatically terminates when the Services are terminated. Provided that, the Company is also authorized to change its business, commercial partnership and domain name, and to carry out the same activity through another domain name, and these changes will not have any effect on the Membership Agreement.
4.12. Changes to be made on the Products by the Members are not under the responsibility of RECOUP. The relevant Member is solely responsible for any intellectual and industrial property violations that may arise due to these changes, for any damages that third parties may suffer due to these violations, and for all legal and penal responsibilities that may arise.
4.13. The Member accepts, declares and undertakes that while offering the Product for sale, during delivery and after sales, they will comply with all legislation in force together with the Terms of Use, Membership Agreement and its annexes, otherwise they will be responsible for all legal and penal sanctions they will face, claims for material and moral compensation, they will not hold the Company responsible in any way or form, and that the Company can have recourse to them in case the Company is exposed to demands of third parties.
4.14. The Member accepts, declares and undertakes that the responsibility of every work and transaction they make on RECOUP belongs to them; they cannot put forward any defense and/or objection stating that they did not carry out the work and transactions performed here and/or they cannot avoid fulfilling their obligations based on this defense or objection.
4.15. The Company may, in cases it deems necessary, file a complaint or report the Member to the Public Prosecutor's Offices and relevant inspection and regulatory institutions in order to take necessary legal action against the Member without the need for prior warning to the Member (especially, but not limited to, in the sales of stolen, non-original, smuggled and/or counterfeit products). The Member accepts and undertakes that in the event that the Company suffers a loss as a result of its complaint and/or provision of information in connection with the sale of a prohibited or illegal Product, they will not hold the Company responsible under any capacity and will not claim compensation from the Company.
4.16. Members are obliged to issue a VAT invoice for the sale they make and send it to the Buyer. The Company only issues invoices regarding the income it obtains in return for the services it provides to its Members, and these invoices can be accessed from within the membership panels.
4.17. For any transactions to be made by Members from the Application Store, the Application Store Terms of Use apply.
5. MEMBERSHIP PROFILES
5.1. Members are obliged to create a profile page belonging to them for the purpose of offering Products for sale. In creating this profile page, Members will enter the information requested from them (name, surname, address, email, bank account information, etc.) in the relevant places. Some of the information provided by the Members is requested to be used in the Services and will not appear on the profile page. The Company always reserves the right to change any part of RECOUP, including the profile page, at any time, without prior notice.
5.2. Members accept, declare and undertake that the information they provide is accurate and complete, whether it is on the profile page or not. It is out of the question that RECOUP and/or the Company will be responsible for any damages resulting from providing this information incompletely.
5.3. Under no justification, using any method, Members cannot engage in behaviors that will manipulate their own or other Members' profile pages. If Members engage in such behaviors, they accept that they will compensate all the damages of the Company and that the Company has the right to unilaterally terminate the Membership Agreement and terminate the Member's membership without notice.
5.4. Members cannot transfer the profiles created for them to another person under any terms and conditions or allow them to be used by others in any way. If a Member transfers the profile created for them to a third party or makes it available for use, Members accept and declare that the Company has the right to unilaterally terminate the Membership Agreement without notice and terminate the Member's membership.
5.5. Each Member uses RECOUP with an active email address and each email address can only be used for one membership. Everyone who is a Member is obliged to protect their username and password. RECOUP and/or the Company are not responsible for wrongful behaviors that may occur. Members agree to immediately report to RECOUP any unauthorized use of their accounts or passwords or other security breaches. The Member is responsible for the damages that the Company and/or Visitors may incur due to the failure of the Member to ensure the confidentiality and security of their account information, resulting in someone else using the Member's RECOUP profile, password or account.
5.6. Members accept, declare and undertake in advance that the Product photos or profile photos published on their profiles belong to them, reflect the truth and comply with the rules of social morality. In case of violation of this provision, the Company will cancel the membership of the relevant Member without prior notice.
- RULES REGARDING PRODUCT SALES
6.1. Members will create a page containing information about the Product in question on RECOUP and share the URL regarding this page on platforms other than RECOUP in order to provide Buyers with the opportunity to purchase the Products they offer for sale from platforms other than RECOUP with credit cards and/or other payment methods determined by the Company. Members accept in advance that if the URL in question is not shared on platforms other than RECOUP, this may cause Buyers not to be able to access the Product in question on RECOUP. For this reason, it is essential that Members share the URL regarding the pages they create on RECOUP on other platforms.
6.2. Members may offer Products for sale on RECOUP in specified sections and in accordance with the rules. In the event that a fee is requested for this Service, Members accept and undertake in advance that they will be obliged to pay the requested fee in order to offer the Product for sale on RECOUP.
6.3. The Member accepts, declares and undertakes that they will not enter any Content into RECOUP that is contrary to any legislation, including but not limited to those regulating consumer protection, intellectual property rights, unfair competition, advertising and customs issues, and that there will be no illegal statements or visuals such as pictures or videos in their contents.
6.4. The Member accepts, declares and undertakes that they will not perform illegal acts such as defamation, badmouthing, commercial slander, threat or harassment in the Contents, will not engage in attempts and actions that will corrupt the RECOUP infrastructure in any way, and will not allow Products on the Prohibited Products list, including pornographic texts and visuals, to be on RECOUP.
6.5. The Seller accepts and undertakes that they absolutely have the right and authority to dispose of the Products they offer for sale undisputed; that there are no legal or actual obstacles against the sale of the mentioned products and services by them. The Seller accepts and undertakes that the products and services they offer for sale are in compliance with all applicable legislation. The Seller accepts that all legal responsibility for the products and services they offer for sale belongs to them and that the Company has no direct or indirect relationship with them under any capacity regarding the supply and sale of the Products. It is forbidden to add Products as Content to RECOUP in any way that the Member does not have the right and authority to carry out any legal disposition undisputed. If such content is offered for sale, presented, promoted or advertised by the Member on RECOUP and this situation is detected, RECOUP reserves the right to stop the publication of all Contents regarding the supply of the relevant Product and/or to terminate the membership of the Member offering the prohibited product and to terminate this Membership Agreement without any prior notice.
6.6. The Company may temporarily or permanently stop the publication of the relevant Content without any warning to the Member for reasons such as the Contents published on RECOUP being illegal, infringing on the personal and commercial rights of others, or being subject to warnings in this direction, or being directly or indirectly contrary to the Terms of Use, Membership Agreement and its annexes and other rules and conditions. In this case, if the Company needs to make a payment to the Member regarding the publication of the relevant Content, the obligation to make this payment will be eliminated and if there is a payment made to the Company in this regard, this payment will not be refunded under any circumstances. In this context, the Member accepts, declares and undertakes in advance that they will not demand and sue for the refund of any amount they have paid from the Company.
6.7. The Buyer makes the purchase of the Seller's Products on RECOUP through RECOUP with the infrastructure provided by the Company. The purchase request of the Buyer means that a sales contract has been established between the Seller and the Buyer with the request to purchase the Product, accepting the conditions prepared by the Seller regarding the Product, specified on RECOUP or platforms other than RECOUP. With this purchase request, the Buyer accepts and undertakes to purchase the Product.
6.8. The Seller accepts and undertakes in advance that they are responsible for acting in accordance with the Listing Rules when offering the Product for sale, that the listed Product is up-to-date, legal and in compliance with the Prohibited Products list, and that they will not act contrary to this responsibility.
6.9. The Seller accepts and declares that the sales price paid by the Buyer will be transferred to the bank account they have provided within the framework of their membership information after the Service Fee is deducted; that RECOUP will under no circumstances be responsible for the inability to transfer money to the given bank account due to this bank account being blocked for any reason, blacklisted by the bank or similar reasons; that they will transfer the remaining amount from the sales price after deducting the Service Fee to a bank account notified to RECOUP by the Seller, which is solely within the borders of the Republic of Turkey; that if there are any expenses arising from the transfer and demanded by banks and other third parties, this expense will also be deducted from the sales price and sent to the Seller; that even if any dispute arises between the Buyer and the Seller, the Company will not be obliged to pay the Service Fee in question to the Buyer or the Seller; that during this process RECOUP will not take any action or disposition over the Buyer's or Seller's money on behalf of the Company. In this context, the conditions regarding the Service Fee are as specified on the Service Fee Conditions page.
6.10. In the event that the Product purchased by the Buyer is returned for any reason, the responsibility of refunding the price of the Product to the Buyer is solely and exclusively on the Seller, and in this case, the Company accepts that it will only refund the Service Fee collected from the Seller to the Buyer. In this context, the obligation to bear the product price is on the Seller under all circumstances.
6.11. RECOUP has no obligation to regulate, provide, establish or otherwise create the relationship between the Buyer and the Seller or act as an arbitrator for whatever reason. The Buyer and the Seller are personally and individually responsible for the sales relationship between them, and they accept and declare in advance that RECOUP has no responsibility in this regard.
6.12. The Seller accepts, declares and undertakes that they are responsible against any legal, commercial and administrative claim that may arise due to any act related to the production, reproduction, sale, distribution or any offering for sale of the Products being contrary to any applicable regulation, and that they have the obligation to defend the Company before all judicial, commercial and administrative authorities against claims directed to RECOUP in this direction.
6.13. The Seller accepts that they will send and ensure the delivery of the Product on time, in accordance with the qualifications specified in the offer for sale and free from defects; that the obligations regarding the sale of the Product to the Buyer, the transfer of its ownership and related rights belong solely to them. In this context, the Seller accepts and undertakes in advance that RECOUP and the Company have no obligation regarding the delivery of the Product, and in case of any demands in this direction, RECOUP will direct the demanding Buyers to them.
6.14. RECOUP; in the event that an objection to expenditure notification arrives for any transaction made and/or the institution providing payment services accepts the objection made against the transaction made and in this context the objection is finalized, or the transaction is a suspicious transaction, or RECOUP receives more than one complaint from Buyers regarding the Seller's transactions; in case the Seller cannot be reached by the Buyer and/or RECOUP regarding suspicious transactions, it is determined that products or services listed in the Prohibited Products List are offered for sale, the transaction in question is above the Member's general transaction amount average, or the transaction raises doubts regarding its validity and legality for any reason, it may request additional information and documents from the Buyer and Seller in order to transfer the fee paid for the relevant transaction to the Seller. The amount may not be transferred to the Seller's account until the said additional information and documents are completed and/or the suspicion regarding the relevant transaction, for which the payment was made by the Buyer, disappears. In this context, in case the period for transmitting the information and documents requested from the Buyer or the Seller to RECOUP expires, the payment made by the Buyer may be blocked by RECOUP, or in case the amount regarding the relevant order is returned to the Buyer or their Bank, RECOUP may deduct or collect the amount it paid from different sales made by the Seller. The authority to make a decision in this regard belongs solely and exclusively to the Company, and the specified action is used solely to ensure the safety of Buyers and Sellers.
6.15. In case RECOUP has any debt arising from the Seller's cargo transactions, the relevant debt balance may be deducted or collected by RECOUP from the payment made by the Buyer or from the Seller's different orders. The authority to make a decision in this regard belongs solely and exclusively to the Company.
6.16. Members are obliged not to cause any damage to the Company and RECOUP under any circumstances, including but not limited to loss of profit, and not to harm the reputation of the Company and RECOUP. In this context, Sellers accept and undertake that they will act in accordance with all terms and conditions specified on RECOUP. Sellers accept and undertake that they will show maximum care to the satisfaction of Buyers; that they are obliged to carry out their relations with Buyers within the framework of respect, and in this context, they will not use insulting expressions to Buyers in any way whatsoever, and will avoid any behavior that degrades, defames or offends Buyers; that they are obliged to give constructive and satisfaction-oriented answers to the demands and questions of Buyers within the same day at the latest, and in this context, they are obliged to send all communication records with Buyers to RECOUP if requested by RECOUP; that the communication information they have provided to RECOUP is correct, and that they are obliged to be reachable during working hours from the phone numbers they registered on RECOUP. In the event that the obligation specified in this article is not fulfilled, RECOUP has the right to immediately terminate the membership of the Seller, and also reserves the right to collect the paid amount from the Seller and/or deduct it from the Seller's receivables in the event that RECOUP makes a compensation payment to the Buyer under whatever name and reason, including but not limited to a refund. - PROHIBITIONS AND LIABILITY SITUATION
7.1. Members accept and undertake to use the Services in accordance with the law and the applicable legislation. Members are personally responsible for the legal and penal liability in every transaction and action they make while using the Services.
7.2. Members accept that they will not reproduce, copy, distribute or process the Contents, and the Member themselves is personally responsible for all legal and penal sanctions directed by the state, judicial authorities or right holder third parties against Members who add Contents to RECOUP that directly and/or indirectly exceed or violate the limitations with the Company, either by these actions or by other means. In this context, RECOUP and the Company have no legal or contractual responsibility arising from the Contents in question.
7.3. The Company cannot be held responsible for errors or interruptions in accessing RECOUP due to technical glitches, regardless of their nature or source.
7.4. RECOUP is not responsible for the behavior of any Member in online or offline status. Under no circumstances does the Company have any responsibility for the results arising from the use of RECOUP, online or offline communication and interaction of any kind between Visitors, even if it is loss, damage, harm, death, etc. The Company reserves the right to claim compensation for all kinds of damages it may incur as a result of such actions for any reason.
7.5. Members cannot publish any illegal, insulting or threatening, swear-containing, degrading, pornographic, disturbing or immoral Contents that would constitute a crime, require legal follow-up in the use of RECOUP, create a situation that conflicts with local and national laws or international agreements or encourage such situations. In this regard, the Prohibited Products list is essential. Members cannot post or transmit any information, software or other material that violates the privacy right or broadcasting rights of another, protected by copyright, trademark rights or other proprietary rights, or adapted from materials that fall into these described classes, without the permission of the owner or the person holding the rights. If a violation of this provision is detected, RECOUP may immediately terminate the membership of the Member causing the violation without any notice.
7.6. The Company reserves the right to resort to legal action in cases such as sending unsolicited messages for commercial or advertising purposes to Members or their email addresses, directing Members to another website for this purpose, and using interactive areas that exist and may be created in the future on RECOUP without authorization in this way.
7.7. The Member who uploads or sends the Content in question is exclusively responsible for the Contents sent and/or uploaded by Members. RECOUP does not assume any responsibility for the Contents sent and/or uploaded by Members. Members accept that RECOUP and/or the Company do not monitor the Contents, but reserve the right to examine and remove any Content for any reason, including Contents that it judges to be in violation of these rules or otherwise harmful based on its own initiative.
7.8. The Company has no obligation to respond to any request or question.
7.9. All rights of materials such as tables containing and/or not containing written, pictorial, audio, graphic found on RECOUP are reserved. Publishing and/or marketing of these materials on personal pages by copying is strictly prohibited.
7.10. For any Content they upload to RECOUP, Members grant the Company the rights regarding the publication of the Contents in question on RECOUP or in various media, for various purposes and in various forms, and the right to transfer the Contents in question to any form, medium or technology without the need to pay an additional fee, as a perpetual and transferable right. In order not to cause any confusion, it should be stated that; within the scope of this article, the Company does not claim any rights regarding the Products uploaded by Members, and an information is provided regarding the rights to publish the images of the Products on RECOUP or in various media.
8. VALIDITY AND AMENDMENT
8.1. This Agreement will remain in effect as long as the Member's membership continues and will continue to have provisions and consequences between the parties; it will be deemed to have expired in cases where the Member's membership period expires or their membership is temporarily or permanently suspended. All Terms of Use and other texts are an annex and integral part of this Membership Agreement. The Membership Agreement, Terms of Use and annexes may be updated by RECOUP. Members will be deemed to have accepted the updated provisions exactly each time they log into RECOUP.
9. ENFORCEMENT
9.1. The law to be applied in disputes arising between the Company and the Member is the law of the Republic of Turkey and the place of resolution of the disputes is ANKARA Courts and Enforcement Offices.
9.2. This Membership Agreement has entered into force upon the Member's electronic approval by mutually accepting the entirety of the policy documents consisting of all conditions stated in declarations such as all warnings, texts and explanations, published documents and annexes, which are accepted as an integral part of this Membership Agreement, regarding the Services published on RECOUP.
9.3. The Company reserves the right to make changes on and publish the new version of any provision, part or all of the provisions included in this Membership Agreement or its annexes by updating it at any time. In this context, all of the published texts will be valid for Members from the date of publication.
LISTING RULES
Sellers accept, declare and undertake in advance that they will list the Products in accordance with the rules listed below which can always be changed unilaterally by the Company, and that if it is determined in any way that the Products are not listed as specified, the Company can take any precautions, including but not limited to terminating the membership.
Only sales and promotions regarding that Product can be made on a page dedicated to a Product. Sales and promotions of other goods and services other than the Product in question cannot be made via that page.
Buyers and Sellers cannot place advertisements on RECOUP regarding goods or services they are looking for.
Buyers and Sellers cannot place advertisements on RECOUP for barter purposes.
Sellers cannot place advertisements for sales with any payment method other than payment by credit card.
It is forbidden for Sellers to use word, brand or model names that are not related to the Product they offer for sale, to give misleading information, or to enter Content that is unrelated to the Product or repetitive, merely to attract attention or to rank higher in search results.
Advertisements and announcements regarding the Products are prohibited from containing misleading, deceptive, false, incomplete and public health-disrupting information that may mislead users who want to buy the Products. It is strictly forbidden to offer for sale medicines and/or food supplements whose treatment effectiveness has not been scientifically proven, not proven to prevent ailments, and not definitively demonstrated to aid treatment, with these promises.
The Seller is obliged to list the Product they offer for sale in the appropriate and correct category, taking into account the provisions of the Bank Cards and Credit Cards Law and the Regulation on Bank Cards and Credit Cards arranged pursuant to this Law, as well as the Consumer Protection Law No. 6502 or other relevant legislation provisions, and not to use words unrelated to the Product. The Seller is responsible for any damage, including but not limited to administrative fines, that the Company may suffer due to the Seller's failure to comply with this sanction. It is out of the question for the Seller to demand compensation under whatever name due to the Product being listed in the wrong category by RECOUP.
While listing products, it is forbidden to use the Product photos and Product descriptions of Members who offer similar Products for sale exactly as they are or by making very minor changes.
It is forbidden to use rude expressions, profanity and slang terms in areas such as Product titles, descriptions, categories.
It is forbidden for Sellers to badmouth other Sellers, use defamatory expressions for their Products, and insult other Sellers.
SERVICE FEE CONDITIONS
For sales to be made via RECOUP, the conditions regarding the fees to be paid by the Seller for the Services provided by the Company and the transfer to the Seller if the acceptance process of the payment to be made by the Buyer is within the borders of Turkey are as specified below. RECOUP has the right to change the conditions specified here at any time, without any prior notice.
The Company reserves the right to make changes in the fees and conditions specified here at any time, without any prior notice. However, if the Service Fee Conditions are changed, the Seller has the right to terminate the Membership Agreement within 30 (thirty) days.
The sales price paid by the Buyer will be transferred to the bank account provided by the Seller within the framework of their membership information after the deduction of the price of the service provided by the Company. The Company has no responsibility under any circumstances for the inability to transfer the money to the given bank account due to this bank account being blocked for any reason, blacklisted by the bank or similar reasons.
After the Service Fee is deducted, the remaining amount from the sales price will be transferred to a bank account notified to the Company by the Seller, which is solely within the borders of the Republic of Turkey. If there are any expenses arising from the transfer and requested by banks and other third parties, this expense will also be deducted from the said sales price.
Even if any dispute arises between the Buyer and the Seller, the Company is not obliged to pay or refund the collected Service Fee to the Buyer or the Seller.
The Company's Service Fee is determined by calculating the Seller's Monthly Sales Volume in the previous month. Current service fee rates can be accessed from the top right corner of the membership panel.
Transactions where the Seller offers installment payment options and the Buyer takes advantage of this option and makes an installment payment may be subject to additional fees to be unilaterally determined by the Company. In installment transactions, for security reasons, up to a maximum of 2% (two percent) of the transaction amount may be kept blocked by the Company for a period of 7 (seven) days. This blocked amount is released 7 (seven) days after the blockage date and transferred to the Seller's account on the first following collection day.
Within the scope of the service provided by the Company, it may keep the amounts to be paid by Buyers blocked in order to evaluate the services offered for sale by Sellers and/or if deemed necessary. Information regarding the amounts to be kept blocked will be made separately to each Seller by the Company.
If the Seller's name, title, domain name, brand, product and/or service creates the impression that they provide payment services through any information specified on RECOUP or in any other way, the payments of the relevant Seller will be blocked indefinitely by the Company and their membership will be suspended indefinitely. In addition, if the Seller informs Buyers in any way that they have given untrue information in the medium where the sale was made with the aim of misleading the Company, the payments of the relevant Seller will be blocked indefinitely by the Company, and if the Company has any damage in accordance with the reasons specified in this article, the damage in question will be covered from the blocked amount. If the Company's damage exceeds the blocked amount, the Company can collect all its damage from the Seller who caused the damage and has the right to resort to legal action for this reason.
In the event that any written or verbal warning or a penalty of any kind is received from payment institutions, banks, credit institutions or credit card providers (Visa, Mastercard, Amex, etc.) within the scope of the applicable legislation regarding the transaction or transactions of any Seller, the payments of the relevant Seller will be blocked indefinitely by the Company, and if the Company has any damage in accordance with the reasons specified in this article, the damage in question will be covered from the blocked amount. If the Company's damage exceeds the blocked amount, the Company can collect all its damage from the Seller who caused the damage and has the right to resort to legal action for this reason.
The specified RECOUP Service Fee is exclusive of VAT.
DELIVERY CONDITIONS
RECOUP brings Sellers and Buyers together solely with the purpose of offering the opportunity to pay by credit card or other payment methods determined by RECOUP. Sellers and Buyers accept, declare and undertake that the Company has no responsibility regarding the delivery of the Products offered for sale, unless expressly stated otherwise.
Within the scope of the contract established by bringing the Buyer and Seller together via RECOUP, the responsibility of the Seller is to send the Product purchased by the Buyer as soon as possible, fully, completely, properly and free from defects and in accordance with the information provided by the Buyer over RECOUP, and the obligation of the Buyer is to deposit the price of the purchased Product in the manner determined by the Company and to receive the Product sent to them.
The Company does not sell Products over the Website. Products purchased by Buyers will be sent to Buyers' addresses by Sellers, not by the Company.
The Seller accepts that they will send and ensure the delivery of the Product on time, in accordance with the qualifications specified in the offer for sale and free from defects in accordance with the Terms of Use and Membership Agreement against the Buyer; that the obligations regarding the sale of the Product to the Buyer, the transfer of its ownership and related rights belong only to them. The Seller accepts, declares and undertakes that they will fulfill their sending and delivery obligation through cargo companies operating in the Republic of Turkey, that they will enter the information about the shipment through the seller portal provided by the Company, that if they make a shipment or delivery without fulfilling these obligations, no responsibility will arise for the Company from the inability to deliver the Product or a similar situation, and that they will not make any material or moral demand from the Company under whatever name.
It is at the discretion of Sellers to determine the fees regarding the cargo to be offered to the Buyer and to determine with which cargo company the shipment will be made. For this reason, it is necessary for Buyers to communicate with Sellers and agree on delivery conditions before payment is made. Buyers and Sellers accept in advance that the Company has no responsibility regarding delivery and/or reconciling, bringing together or getting Buyers and Sellers to agree.
Rules and conditions determined by the postal service provider preferred by the Seller and/or the Buyer apply to the delivery of the Products and to prohibited products, including but not limited to damages that may occur during transportation. The rules and conditions of the postal service providers may be located on the Website as well as on the websites of both Cargo Companies and other postal service providers. You can find the rules specified for Contracted Cargo shipments below, which RECOUP enables Sellers to ship at the prices agreed with postal service provider companies. The Company has no responsibility regarding the damage of the Products due to and/or through the third party postal service provider. Please review the rules and conditions determined by your preferred postal service provider before sending the Products.
The Company is not responsible for the inability to deliver the purchased Products. If the Product cannot be delivered, the Company's sole responsibility is to notify the Seller of the situation if this situation is reported to it.
The Seller is obliged to inform the Buyer of the cargo information of the purchased Product. The cargo information regarding the Product will be notified to the Buyer via the email address the Buyer entered in the relevant section on RECOUP. For this reason, it is recommended that Buyers enter their email addresses in the relevant section.
In the event that the Buyer has any request regarding the delivery of the Product, the Seller is obliged to follow and resolve the request in question from the Customer Requests section located in the Seller Panel and the requests to be forwarded to them by the Company in other ways.
In order to provide the Services provided over RECOUP, the Company will share the information and data necessary to carry out the delivery of the purchased Product, such as the name and surname, title, contact information of the Seller and the Buyer, with third party postal service providers preferred by the Seller for shipment. Personal data shared with RECOUP are processed within the scope of the Personal Data Protection Law No. 6698 ("KVKK"). To get more information regarding personal data, please review the Illumination Text Regarding the Processing of Personal Data for information regarding the processing and transfer of the personal data of the Seller and the Buyer. KVKK
In the event of any irregularity under whatever name arising from the Buyer and/or the Seller in sending the Products, in case any penal, judicial and/or administrative sanction is applied against RECOUP, the Company, its partners and/or its employees, RECOUP reserves the right to recurse to the relevant Buyer and/or Seller for the collection of all kinds of damages incurred or to be incurred. The accuracy and storage of these data are carried out by the Seller/Buyer. The Company has no responsibility.
RETURN CONDITIONS
RECOUP brings Sellers and Buyers together only for the purpose of offering the opportunity to pay by credit card. Sellers and Buyers accept, declare and undertake that the Company has no responsibility regarding the return of the Products offered for sale for any reason.
Within the scope of the contract established by bringing the Buyer and the Seller together via RECOUP, the responsibility of the Seller is to send the Product purchased by the Buyer as soon as possible, fully, completely, properly and free from defects and in accordance with the information provided by the Buyer over the Website, and the obligation of the Buyer is to pay the price of the purchased Product in the manner determined by RECOUP and to receive the Product sent to them.
If the Buyer does not exercise their right to return within 14 (fourteen) days from the delivery of the purchased Product, they will be deemed to have accepted the Product after this period.
The Buyer who wants to return the purchased Product is obliged to contact the Seller. All responsibility regarding the return of the sold Product is on the Seller, and the Company has no obligation to help and support Buyers, except for the notifications it will make to the competent authorities in illegal situations reported to it.
In case of returning the Product, the Buyer is obliged to send the Product delivered to them to the Seller without causing any damage to the Product and in the condition it was delivered to them. The responsibility in this regard lies with the Buyer.
It is the Seller's obligation to cover any expenses arising from the shipment used in the return of the Product. The Buyer and the Seller accept and declare in advance that RECOUP has no obligation in this regard.
Buyers and Sellers accept, declare and undertake in advance that the Company is under no obligation to refund the service fee it collected under any terms and conditions in the event that the Product is returned for any reason.
LEGAL WARNINGS AND RESERVATIONS
From your first visit to RECOUP, you are deemed to have fully understood and accepted as an inseparable whole the issues written below, which contain important information regarding visiting and/or using RECOUP.
The Company has no obligation other than providing the opportunity to pay, including but not limited to listing Products, offering Products for sale and delivering purchased Products to buyers, regarding sales and purchases from RECOUP.
Persons who accept the Membership Agreement and upload content of any kind to RECOUP via any connection are defined as "Seller", and persons who visit RECOUP and/or purchase Products offered via RECOUP despite not being a member of RECOUP are defined as "Buyer".
The Company is under no circumstances responsible for any kind of content uploaded to RECOUP beyond its will. All activities carried out by Sellers and Buyers on RECOUP must comply with the applicable legislation. The responsibility arising from any kind of content uploaded by Sellers and Buyers onto RECOUP constituting a crime element and/or being illegal belongs to the person who uploaded the content in question.
The Company may provide links and/or direction to other websites via RECOUP. The existence of these links or directions does not indicate that the content existing outside of RECOUP is adopted, supported and/or supervised by the Company. RECOUP has no responsibility for any content accessible from such external links.
The Company cannot be held legally and/or criminally responsible for any application that can be made based on the content of the files uploaded to RECOUP or somehow accessible on RECOUP. Sellers and Buyers accept that the Company and affiliated or partner persons and organizations cannot be held responsible for possible material and/or moral, direct or indirect damages.
Any personal information aiming to identify Sellers and Buyers (name, surname, address, email address, phone etc.) is considered confidential information. The Company, unless otherwise stated, undertakes not to disclose the personal information of Sellers and Buyers to third parties with whom it does not cooperate.
Personal data shared with RECOUP are processed within the scope of the Personal Data Protection Law No. 6698 ("KVKK"). To get more information regarding personal data, please review the Illumination Text Regarding the Processing of Personal Data.
Sellers and Buyers accept and declare that they know that the Company has no responsibility in the event that personal information is damaged in any way or falls into the hands of third parties as a result of any internal or external attack made on RECOUP despite the reasonable measures taken by the Company, and that they will not hold the Company responsible in any way for these damages.
The Company can unilaterally change all notifications, contracts and provisions it publishes on RECOUP by publishing them on RECOUP at any time and if it deems necessary. In the event that the Company makes changes to these provisions, the new provisions will take effect on the date they are published on RECOUP.
The Seller accepts the definition of LINK ÇÖZÜM TEKNOLOJİ LİMİTED ŞİRKETİ LINK PAYMENT as Commercial Representative according to Article 12, paragraph 2, clause b of Law No. 6493 by the Central Bank of Turkey Payment Systems and Financial Technologies Directorate.
Seller Agreement
PARTIES
1. This agreement is between the Intermediary Seller, Seller and Buyer.
Intermediary Seller: LINK ÇÖZÜM TEKNOLOJİ LİMİTED ŞİRKETİ LINK PAYMENT
Seller: Individual persons or corporate companies who have opened a workplace in RECOUP software
Buyer: End user who uses LINK ÇÖZÜM TEKNOLOJİ LİMİTED ŞİRKETİ LINK PAYMENT software to purchase the products listed by the Seller.
2. SUBJECT OF THE AGREEMENT
2.1. This Agreement has been prepared in accordance with the provisions of the Distance Contracts Regulation published in the Official Gazette dated 27.11.2014 and numbered 29188 and enacted on 27.02.2015, prepared in accordance with Articles 48 and 84 of the Consumer Protection Law No. 6502 dated 07.11.2013.
2.2. The Seller and the Buyer, who are the parties to this Agreement, accept and declare that they know and understand their obligations and responsibilities arising from the Consumer Protection Law and Distance Contracts Regulation along with this Agreement.
3. GENERAL PROVISIONS
3.1. The parties to this Agreement are the Buyer and the Seller. All obligations and responsibilities regarding the fulfillment of this Agreement belong to the parties of the Agreement. This agreement enters into force on the date it is electronically approved by the Buyer.
3.2. The Buyer accepts and declares that they have read and understood all information regarding the features and sales conditions of the contractual product specified in Article 1, and that they have given the necessary approval for purchasing in the electronic environment for the purchase of this product.
3.3. The Seller is responsible for delivering the contractual product intact, complete, in accordance with the qualifications specified in the listing, and together with warranty documents and user manuals, if any. In this context, the Buyer accepts that LINK ÇÖZÜM TEKNOLOJİ LİMİTED ŞİRKETİ LINK PAYMENT has no responsibility regarding the product and the shipment of the product, and that this situation will not change even if the product is sent by the Seller through contracted cargo companies.
3.4. If the contractual product is to be delivered to another person/organization other than the Buyer, the Seller cannot be held responsible if the person/organization to be delivered does not accept the delivery.
3.5. The delivery will be carried out through the cargo company to the delivery address specified in Article 1 by the Buyer and provided by the Buyer to the website/application. Even if the Buyer is not at their address at the time of delivery by cargo, the Seller will be deemed to have fulfilled their obligation fully and completely.
3.6. If for any reason the product price is not paid or canceled in bank records by the Buyer or third parties, the Seller is deemed to be relieved of their obligation to deliver the product.
3.7. Expenses, costs and other damages arising from the late delivery of the product by the Buyer in the situation specified in Article 3.6. or the product waiting at the cargo company and/or the return of the cargo to the Seller also belong to the Buyer.
3.8. Except in cases where the cargo fee is shown as free on the product promotional page on the website / application, and accordingly it is "0.00 TL" in this Agreement; the cargo price is added to the total order amount and paid by the Buyer. The cargo fee is not included in the product price.
3.9. If the Seller cannot deliver the contractual product within the period due to force majeure or extraordinary situations such as weather opposition preventing transportation, interruption of transportation, they are obliged to notify the Buyer of the situation. In this case, the Buyer can use one of their rights to cancel the order, replace the contractual product with a precedent, if any, and/or postpone the delivery period until the preventive situation disappears. If the Buyer cancels the order, the amount paid will be paid to them in cash and in lump sum within 10 (ten) days.
3.10. In cases where the contractual products are out of stock, the Seller has the right not to deliver the contractual products, provided that they inform the Buyer of the situation and the total price paid by the Buyer and all kinds of documents putting them under debt are returned to the Buyer within 10 (ten) days at the latest.
3.11. If the relevant bank or financial institution does not pay the product price to the Seller due to the unfair or illegal use of the credit card belonging to the Buyer by unauthorized persons without the fault of the Buyer after the delivery of the product, the Buyer is obliged to send the product to the Seller within 3 (three) days if it has been delivered to them. In this case, transportation expenses belong to the Buyer.
3.12. Persons under the age of 18 cannot purchase Seller products offered for sale, even if products intended for children are offered for sale.
3.13. The Buyer accepts that they know that they must additionally confirm the relevant interest rates and information regarding default interest from their bank due to the fact that forward sales are made only with credit cards belonging to banks.
3.14. The Buyer accepts, declares and undertakes that the provisions regarding expenses, fees, interest and default interest will be applied within the scope of the credit card agreement between the bank and the Buyer in accordance with the provisions of the applicable legislation, and that LINK ÇÖZÜM TEKNOLOJİ LİMİTED ŞİRKETİ LINK PAYMENT and the Seller have no obligation in this regard.
3.15. In cases where the Buyer exercises their right of withdrawal, or the product subject to the order cannot be supplied for various reasons, or refund to the consumer is decided by Consumer Arbitration Committee decisions, if the shopping was made by credit card and in installments; the refund procedure to the credit card will be as follows:
3.15.1. Product prices are included on the site in Turkish Lira with value added tax added. The Buyer can shop by credit card. Orders placed by credit card cannot be processed immediately when they are placed, and the said order will be processed following the notification by LINK ÇÖZÜM TEKNOLOJİ LİMİTED ŞİRKETİ LINK PAYMENT to the Seller that the amount required to be paid by the Buyer in accordance with this Agreement has been blocked from the credit card. The cargo fee, which is the product shipment cost, is not included in the product price. Cargo fee is determined by Sellers according to the product/products amount.
3.15.2. In case of return of products purchased with a credit card, the Seller cannot pay the Buyer in cash. When there is a return, since the Seller is obliged to pay the relevant amount to the bank in cash or on account, they will not pay the Buyer in cash due to the procedure. For refunds to the credit card, after the Seller pays the amount to the bank in a single sum, the bank will make the refund to the card.
3.16. In accordance with the Tax Procedure Law General Communiqué No. 385, in order for return procedures to be carried out, the relevant return sections on the invoice must be filled completely and signed, and sent back to the Seller together with the product. The Buyer declares, accepts and undertakes that they accept this entire procedure.
3.17. The Buyer and Seller accept, declare and undertake that the information belonging to them specified in this Agreement is the information they entered into the website / application, that even if they enter this information incorrectly or incompletely for any reason, this Agreement will be valid with the information provided by them, that the website/application has no obligation to verify the accuracy and validity of the information provided by the Buyer and Seller, and also that the personal data and other information transferred by the Buyer and the Seller to each other and/or to LINK ÇÖZÜM TEKNOLOJİ LİMİTED ŞİRKETİ LINK PAYMENT for the execution of this Agreement will be transferred to postal service providers limited to the scope of the execution of the Agreement and for the shipment of the contractual product.
4. RIGHT OF WITHDRAWAL
4.1. The Buyer; has the right to withdraw from the Agreement within fourteen days from the date of receiving the goods, by rejecting the goods without undertaking any legal and penal liability and without giving any reason. Within 10 (ten) days from the date the consumer's withdrawal notification reaches the Seller, the product price is refunded to the Buyer. The expenses arising from the use of the right of withdrawal belong to the Seller.
4.2. The Seller undertakes that the consumer has the right to withdraw from the Agreement by rejecting the goods or services within fourteen days from the date of receiving the goods or signing the Agreement, without assuming any legal and penal responsibility and without giving any reason, and to take the product back and refund the product price to the Buyer or to LINK ÇÖZÜM TEKNOLOJİ LİMİTED ŞİRKETİ LINK PAYMENT from the date the withdrawal notification reaches the Seller.
4.3. The Parties have accepted that the right of withdrawal cannot be used in the following cases pursuant to Distance Contracts Regulation Art. 15/1:
4.3.1. Goods or services whose price changes depending on fluctuations in financial markets and which are not under the seller's control,
4.3.2. Goods prepared in line with the wishes, demands or personal needs of the consumer,
4.3.3. Perishable goods or goods that may expire,
4.3.4. Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery, whose return is unsuitable in terms of health and hygiene,
4.3.5. Goods that mix with other products after delivery and whose separation is not possible due to their nature,
4.3.6. Books, digital content and computer consumables offered in physical medium if their protective elements such as packaging, tape, seal, package have been opened after the delivery of the goods,
4.3.7. Periodicals such as newspapers and magazines, other than those provided under a subscription agreement,
4.3.8. Services regarding accommodation, moving, car rental, food and beverage supply, and the evaluation of leisure time for entertainment or resting purposes, which must be carried out on a specific date or period,
4.3.9. Services performed immediately in electronic environment or intangible goods delivered instantly to the consumer,
4.3.10. Services whose performance was started with the consumer's approval before the end of the right of withdrawal period.
4.4. All products or artworks produced as unique originals are among the goods for which the right of withdrawal specified in Article 4.1. cannot be used due to the reasons mentioned in Article 4.3. Such goods are the exception to the right of withdrawal expressed in Article 4.1. It is possible to use the right of withdrawal specified in Article 4.1. not for original artworks produced, but for artworks reproduced as limited editions.
4.5. The Buyer cannot use the right of withdrawal for services performed immediately in the electronic environment in the form of online gift vouchers, codes, documents, etc., and intangible goods delivered instantly to them.
5. DEFAULT PROVISIONS
In the event that the Parties do not fulfill their obligations arising from this Agreement, the provisions regarding the debtor's default in Article 117 and following of the Turkish Code of Obligations will be applied. In cases of default, if any party fails to fulfill their obligations within the period without a justified reason, the other party will give the defaulting party a seven-day period to fulfill the obligation in question. In case it is still not fulfilled within this period, the right to demand the delivery of the goods and/or terminate the agreement and demand the refund of the price will arise from the defaulting party by demanding the performance of the obligation.
6. FORCE MAJEURE
6.1. Circumstances that do not exist and are not foreseen on the date the agreement was signed, develop outside the control of the parties, and upon their emergence, make it impossible for one or both of the parties to partially or completely fulfill their debts and responsibilities undertaken by the agreement or to fulfill them on time, will be accepted as force majeure (natural disaster, war, terrorism, uprising, legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.).
6.2. In cases of force majeure, Article 3.9 of this Agreement is valid.
7. AUTHORIZED COURT
7.1. In the application of this Agreement and in disputes that may arise; Consumer Arbitration Committees at the Buyer's or Seller's settlement place up to the value declared by the Ministry of Customs and Trade every year, and Consumer Courts in disputes above the said value are authorized.
7.2. This Agreement has been read, accepted and confirmed by the parties electronically. In matters not regulated in this Agreement, the provisions of the Consumer Protection Law No. 6502 and other relevant legislation apply. This Agreement has been arranged on the date of the (Buyer's electronic approval).

