Terms & Condition

ELECTRONIC TRADE SERVICE PROVIDER (PURCHASING-SELLING) AGREEMENT

I. PARTIES and DEFINITIONS

A) THE PARTIES

The party information in this contract is determined as follows. According to this:

Intermediary Service Provider

Name: Eyetact Domestic and Foreign Trade Ltd. Sti.
Address: Ziya Gokalp Mah. Süleyman Demirel Boulevard Office
  No: 7E, Inner Door No: 136-Basaksehir-ISTANBUL
Phone: +90 544 455 50 99
Tax No- VD: 3830831089 -İkitelli VD.
MERS0054S No: 0383083108900001
KEP Address: eyetact@hs01.kep.tr
E-Notification Address: info.tr@eyetact.com

(Referred to as "INTERMEDIATE SERVICE PROVIDER or EYETACT" in the contract)

Seller

Name:  
Address:  
Phone:  
Tax No- VD:  
MERS0054S No:  
KEP Address:  
E-Notification Address:  

(Referred to as "SELLER" in the contract)

Buyer

Name:  
Address:  
Phone:  
Tax No- VD:  
MERS0054S No:  
KEP Address:  
E-Notification Address:  

(Referred to as "BUYER" in the contract)

B. Definitions

In this Agreement;

Intermediary Service Provider / EYETACT: The legal entity that provides the electronic commerce environment for the economic and commercial activities of the Buyer and the Seller (Eyetact İç ve Dış Ticaret Ltd.).

Platform: Intermediary service provider (EYETACT) means www.eyetact.com , the internet environment where the buyer and seller meet and where the products will be sold, and all links/URL addresses linked to this website (and all links to the website).

Seller: The legal person who sells the goods or services subject to electronic commerce on the platform provided by EYETACT or acts with the aim of selling.

Buyer: The legal person who buys the goods or services subject to electronic commerce or acts for the purpose of purchasing.

C. Subject of Contract

1. The rights and obligations of the parties in accordance with the provisions of the Turkish Commercial Code (TTK) regarding the sale and delivery of the product/service, the qualifications of which the BUYER has placed on the internet and the selling price of which is specified by the seller, from the address of the INTERMEDIATE SERVICE PROVIDER (EYETACT). detection.

2. In accordance with the Terms of Use/Membership Agreement of the Site (www.eyetact.com) and this Agreement, with the Buyer's offer of the Product or service through the Intermediary Service Provider (EYETACT); The seller declares, accepts and undertakes that he accepts all the terms and conditions of the contract on the site.

3. Pursuant to both the Terms of Use/Membership Agreement of the Website ( www.eyetact.com ) and this Agreement, by the BUYER's communication of the INTERMEDIATE SERVICE PROVIDER (EYETACT) product order or service request, the BUYER; declares, accepts and undertakes that he/she accepts all conditions and contract provisions on the website.

II. GENERAL CONDITIONS

1. This Agreement (Agreement) is on the one hand, between Eyetact İç ve Dış Ticaret Ltd. Şti., which operates in accordance with the Law No. 6563 on the Regulation of Electronic Commerce. Sti. (Intermediary service provider) and the "buyer" and "seller" using the website www.eyetact.com , in a printed/electronic medium.

2. This platform is an intermediary platform that brings together sellers and buyers with legal personality and enables them to export and import. Real persons cannot trade on this platform.

3. Since the Eyetact agent is a service provider, it does not represent either the seller or the buyer in private negotiations. For this reason, the products/services to be sold through the www.eyetact.com site; It is not EYETACT's responsibility to check the availability of suppliers or the availability of the buyer to purchase, the compliance of the product advertisements with the legislation of the buyer's or seller's country, the safety or quality of the products. EYETACT does not have any legal/criminal liability for legal problems arising from these issues.

4. This agreement is valid exclusively for all legal person merchants who shop online through the website by visiting the website (website) of EYETACT under the domain name www.eyetact.com and/or transactions deemed as commercial business.

5. This contract is exclusively signed by Eyetact İç ve Dış Ticaret Ltd. Şti. Ltd. Şti. 's website under the domain name www.eyetact.com and/or all legal entity merchants who shop online through the site and/or transactions deemed as commercial business.

6. Due to the rules of the platform, buyers and sellers will not communicate with each other. However, they can communicate through the Eyetact platform, if the buyer or seller communicates with each other outside the platform (EYETACT) after creating the first order and/or selling the first product, EYETACT may delete the account information of the buyer, seller or both, upon detection of this situation.

7. All purchase and sale transactions will be made through the INTERMEDIATE SERVICE PROVIDER company (EYETACT) ( www.eyetact.com ).

8. In terms of providing membership to the platform and completing the purchase and sale transactions, the buyer and the seller agree to share the company information with the INTERMEDIATE SERVICE PROVIDER (EYETACT) when entering the website called www.eyetact.com .

a. The information to be given by the seller and the buyer during membership to the www.eyetact.com website must be correct and the parties must create separate accounts on the platform (buyer and seller separately). Otherwise, all responsibility will belong to the buyer or seller who gave false / incomplete information.

b. In case the necessary information is not shared with the intermediary service provider (EYETACT), the BUYER's/SELLER's membership is not started and e-commerce is not allowed to transact through the site.

9. Payments can be made via debit/credit card or EFT/FAST. It is the responsibility of the INTERMEDIATE SERVICE PROVIDER (EYETACT) to protect the credit card information and take the related measures.

10. Wholesale will be made on the platform over the Internet, and the seller agrees not to sell alcohol products, tobacco products, pork products and products that are prohibited by the legislation/which is the subject of a crime or not to publish their image, to undertake the criminal/legal (compensation) responsibility in case of doing or publishing the image.

11. The parties on the EYETACT website and all pages linked to it;

a. They cannot offer or sell products on the site for products that are stolen or do not belong to them, or that are contrary to the traditions and customs of the society.

b. They cannot offer or sell drugs, weapons or raw materials used in the production of weapons or similar.

c. As Eyetact company, it may prevent or allow it to post certain goods or services on the site at its own discretion.

D. In addition, it is prohibited to sell or publish images that may cause racism or gender/age discrimination among individuals or that are prohibited to be sold in the countries of the parties (buyer-seller and EYETACT) with obscene/pornographic products or live animal products on the platform.

to. SECOND HAND PRODUCTS CANNOT BE SOLD on the platform.

f. In terms of products other than these, EYETACT may use its discretion whether or not to grant sales authorization.

12. Provisions in the 'Terms of Use, Membership Agreement', 'Operation Guide', 'Contact Information' on the website; It is valid for the buyer and the seller as long as it is not contrary to the transactions subject to this contract. The conditions are applied as a supplement to this contract.

III. THE PARTIES AND THEIR OBLIGATIONS

A. OBLIGATIONS OF THE INTERMEDIATE SERVICE PROVIDER

1. Intermediary service provider (EYETACT) is in the position of "intermediary service provider" in accordance with the 2-d subparagraph of the Law No. 6563 on the Regulation of Electronic Commerce (Briefly: 6563 SK), and in accordance with Article 9/1 of the same Law, it is shared by the seller and the buyer. It is not obliged to check the content provided and to investigate whether there is an illegal activity or situation related to this content and the goods or services subject to the content. All criminal/legal responsibilities arising from these contents belong to the seller and the buyer.

2nd.Although the intermediary service provider (EYETACT) serves legal entities, it is responsible for the storage and security of the personal data it obtains/to be obtained (from real persons) due to the transactions it has made within the framework of this contract and 6563 SK in accordance with Article 10 of 6563 SK. In this context, it cannot transmit the personal data obtained to third parties and use it for other purposes without the consent of the person concerned. The intermediary service provider (EYETACT) agrees to comply with the obligations arising from the Personal Data Protection Law No. 6698 on the protection of personal data and the regulations related to this law. The personal data obtained by the intermediary service provider (EYETACT), due to the transactions and services provided within the framework of SK 6563 and the relevant Regulation,

The personal data obtained by the intermediary service provider (EYETACT) cannot be shared with third parties, processed or used for other purposes without the prior consent of the person concerned, including the express will.

3. Intermediary service provider (EYETACT), the provisions of the Regulation on Electronic Commerce Service Providers and Intermediary Service Providers (in short: Regulation) published in the Official Gazette dated 26.08.2015 and numbered 29457 (art. 5,6,7,8,9) agrees to assume the following obligations in accordance with:

a. KEP address, e-mail address and telephone number suitable for notification, and if any, business name or registered brand name; The professional chamber of which he is a member and, if any, the sectoral organizations of which he is a member, the rules of conduct related to the profession and information on how to access them electronically; trade name, MERSIS number and head office address; agrees to present it on its home page (website) on the network and under the heading "contact" in a way that can be accessed directly.

b. The service provider, which sells in its own electronic environment, is obliged to keep the following information up-to-date under the title of "transaction guide" on the main page, in a way that can be accessed directly over the network where electronic commerce transactions are carried out:

b.1) Technical steps showing the necessary steps such as selecting the goods and services, entering the delivery and payment information and approving the order in order to establish the contract.

b.2) Information on whether the contract regarding electronic commerce will be stored electronically, whether the buyer will be able to access this contract later in the same environment and for how long this access will be provided;

b.3) Information on the provision of technical tools such as a summary order form and undo and change so that the buyer can clearly and clearly identify and correct the errors in data entry before placing the order;

b.4) Confidentiality rules regarding the personal data obtained/to be obtained from (real persons) due to electronic commerce transactions;

b.5) ​​Alternative dispute resolution mechanisms, if any, in case of disagreement with the buyer;

b.6) The intermediary service provider (EYETACT) declares and accepts that alternative dispute resolution mechanisms do not hinder the parties' right to resort to other legal remedies.

4. Obligations related to the order

Intermediary service provider (EYETACT);

a. At the stage of approval of the order placed over the network and before entering the payment information, the total price to be paid by the buyer, including tax and delivery costs, and other terms of the contract are clearly seen by the buyer,

b. If the total cost of the good or service, the method of calculation of the price and the delivery costs cannot be determined in advance, the information that the additional costs related to this can be paid,

c. Appropriate, effective and easily accessible technical tools, such as the order summary for buyers to identify data entry errors before the order is confirmed, and undo and change to correct these errors,

D. It agrees to ensure that the terms of the contract and general transaction conditions are sent to the buyer physically or electronically, so that the buyer can see them again, use them in printed form and store them.

5. Confirmation of the order:

The intermediary service provider (EYETACT) is obliged to notify the buyer without delay that he has received the order, via the network where the transaction is made, and also by at least one of the means such as e-mail, short message, telephone call, fax. The order and confirmation of receipt of the order shall be deemed to have taken place as soon as the parties are able to access the aforementioned statements.

6. In the proceedings subject to the complaint, the burden of proof lies with the service provider (EYETACT).

The intermediary service provider (EYETACT) keeps the electronic records of electronic commerce transactions for three years from the date of the transaction and submits these records to the Ministry upon request.

7. Intermediary service provider (EYETACT), keeping the internet transaction (log) records required for electronic transactions in accordance with Law No. 5651 and related regulations; is obliged to present them to the Information Technologies and Communications Authority (BTK) or judicial authorities when necessary, and the seller-buyer agrees not to take legal action against the service provider with the claim that he has damages due to the fulfillment of this obligation of the service provider.

8. Obligation of Eyetact on Delivery:

For the INTERMEDIATE SERVICE PROVIDER (EYETACT) to be bound by the Contract upon the BUYER's order and for delivery; This contract must be approved electronically and the sale price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product/service fee is not paid or canceled in the bank records, the INTERMEDIATE SERVICE PROVIDER (EYETACT) is deemed to be relieved of its obligation to deliver the product.

B. BUYER'S OBLIGATIONS

1. The Convention “II. will comply with the provisions of the "General Conditions";

2. Contract “I. The information given in the title "Parties and Definitions" is correct; accepts that all legal/criminal responsibility that may arise from giving incorrect information will belong to him, and that he cannot claim any rights against the intermediary-buyer party in this regard.

3. Pursuant to both the Terms of Use/Membership Agreement of the Website and this Agreement, by sending the product order or service request to the INTERMEDIATE SERVICE PROVIDER (EYETACT) by the BUYER, the BUYER; It declares, accepts and undertakes that it accepts all the terms and conditions of the Agreement on the website.

4. After the BUYER places the order; The SELLER declares and accepts that it is at the discretion of the SELLER whether or not a confirmation is sent to him by means of electronic communication for confirmation purposes.

5. The BUYER can only pay a maximum of 999,999.00 TL from the www.eyetact.com website. may order products and/or request services in return. Orders to be made in excess of this amount will not be accepted and processed by the intermediary service provider (EYETACT). For such orders, the BUYER must apply directly to the SELLER.

6. For orders to be made by money order, if payment is not made within 2 days, the BUYER's order is automatically canceled by EYETACT. In this case, the responsibilities that will arise belong to the BUYER. After performing the transfer transaction, a copy of the receipt of the transaction will be sent to the e-mail address finance.tr@eyetact.com. It is the BUYER's responsibility to transmit to your relevant order using the notify payment button.

7. All kinds of damages arising from the late delivery of the product by the BUYER and the expenses incurred due to the fact that the product has been waited in the cargo company and / or the cargo is returned to the INTERMEDIATE SERVICE PROVIDER (EYETACT) (wrong address notification, lack of address, etc.). It belongs to.

8. With the delivery of the product; BUYER, product warranty certificate, user manual, etc. should check whether other technical documents are in the cargo. The SELLER must be notified of the missing points in such documents within 2 BUSINESS DAYS from the delivery; otherwise, the SELLER cannot be held liable to meet the BUYER's demands.

9. The BUYER shall declare that he/she has read all the conditions and explanations written in this Agreement and in the order-contract pre-information (on the WEBSITE), which constitutes its integral part, the main feature-qualities, sales price, payment method, delivery conditions of the Product/Products subject to sale. , SELLER and all other preliminary information about the product subject to sale, including the right of withdrawal, personal information, electronic communication and award points conditions, including all matters written in Article 3 of this Agreement, that they are fully informed on WWW.EYETACT.COM' accepts and declares that he/she sees the product in the electronic environment and that he/she accepts the provisions of this Agreement by ordering the Product by giving confirmation-approval-acceptance-permission to all these in electronic environment.

10. Main Features of the Product Subject to the Contract.

C. OBLIGATIONS OF THE SELLER

SELLER;

1. ------------------

2. A commission will be deducted from the seller by the INTERMEDIATE SERVICE PROVIDER (EYETACT).

3. The price of the product sent by the Buyer will be transferred to the account of the INTERMEDIATE SERVICE PROVIDER (EYETACT) in the first place:

a. After the timely and sound delivery of the products to the BUYER and the online approval of the buyer in this direction, he consents to the transfer of the money by the intermediary service provider (EYETACT) to the account shared by the seller with the intermediary service provider (EYETACT).

b. After the timely and sound delivery of the products to the BUYER and the online approval of the buyer in this direction (after the buyer has confirmed that he has received the product completely and completely from the website www.eyetact.com), the account shared with the intermediary service provider (EYETACT) accepts that the payment will be transferred to the SELLER's account at the end of the 15th day at the latest after the delivery;

4. That the features of the products to be sold will be kept correct and up-to-date on their website or membership account.

5. Delivery is the seller's responsibility. The seller must clearly indicate how long he will deliver the product and the method of delivery both during membership and in the offer for the product. The SELLER must comply with the specified time and method.

6. It is possible for the seller to delay the product up to 30 percent of the time specified. When 30 percent of the promised time for delivery is exceeded; The buyer has the right to terminate the contract for just cause. In this case, the sales price received by EYETACT from the buyer is IMMEDIATELY returned to the buyer (after deducting the compulsory eft/transfer cost) without any further deduction.

7. The Convention “II. will comply with the provisions of the "General Conditions";

8. The Convention “I. The information given in the title "Parties and Definitions" is correct; all legal/criminal responsibility that may arise from giving incorrect information will belong to him, and that he cannot claim any right against the intermediary-buyer party in this regard;

9. He/she is responsible for the warranty process of the product sold in accordance with the relevant legislation;

10. Customs, tax, cargo, etc. of the products to be sold abroad and the products that go abroad. It is the SELLER's responsibility to pay the costs and the fee to be paid to the customs broker; the intermediary service provider (EYETACT) is not responsible for this figure;

11. Below, “IV. RESPONSIBILITY FOR DEFECTIVE PRODUCTS, except for the exceptional regulations in the 2nd sub-heading of the product, that the SELLER is responsible for the shipping fee of the product;

12. The place of delivery of the products is the buyer himself, the cargo company at the request of the buyer or the person who will receive the delivery on behalf of the buyer notified by the BUYER; it depends on the buyer's demand,

D. EXPENSES OF CUSTOMS ADVISOR AND CARGO COMPANIES

The legal responsibility of the customs broker and shipping (cargo) companies, within the framework of the relevant legislation; will be determined according to the terms of the contract between the buyer and the seller; EYETACT cannot be held legally responsible for customs and cargo operations.

IV. RESPONSIBILITY FOR DEFECTIVE PRODUCT

1. The BUYER, in accordance with the provisions of the Turkish Commercial Code No. 6102 (art. 23/1-c); If it is obvious at the time of delivery that the product is defective, it must notify the SELLER and the INTERMEDIATE SERVICE PROVIDER (EYETACT) within 2 working days. If it is not clearly evident, the BUYER is obliged to inspect the product within 8 days after receiving it or to have it inspected, and if it turns out that it is defective as a result of this examination, notify the SELLER and the INTERMEDIATE SERVICE PROVIDER (EYETACT) within this period in order to protect its rights. In this case, the SELLER agrees to bear all the costs necessary for the return of the goods and products and to cover all the damages of the buyer.

2. In the event that the product promised by the seller to be sent to the buyer is not sent in accordance with the promised qualities to the buyer (not as advertised on the website www.eyetact.com or sent in a different way than the way it is introduced to the buyer); If, due to this mistake of the seller, the product subject to sale is not accepted by the buyer's state, on the grounds that it does not comply with the legislation of the buyer state, and is kept at the customs / not delivered to the buyer; The SELLER shall bear all the damages arising from this. In this case, the SELLER shall bear the costs of returning the goods, customs costs, freight, demurrage, storage, cargo and handling. In this case, if it is understood that the seller knowingly sent the product as defective, his account with EYETACT will be suspended by EYETACT and no other account will be opened on behalf of this buyer.

3.In case the product promised to be sent to the buyer by the seller is sent in accordance with the promised qualities (sending as advertised on the website www.eyetact.com), the product subject to sale is not accepted by the buyer's state on the grounds that it does not comply with the legislation of the buyer state or for any other reason. if it is held at customs/not delivered to the buyer; In the event that this situation is officially documented by the BUYER (such as the document to be obtained from the customs administration) and this official document is immediately transmitted to the SELLER via EYETACT; return of the goods, customs, cargo, etc. The costs will be borne by the BUYER. In this case, the seller may (at its own discretion) assist the buyer in matters such as sending the product to another country or changing the packaging of the product, pursuant to the agreement with the buyer, at the request of the buyer.

4. The product promised by the seller to be sent to the buyer passes through the customs of the buyer's state without any problems; If the buyer claims that the product sent was not sent in accordance with the promised qualifications (not sent as advertised on the website www.eyetact.com), he may submit his request in this regard to the Istanbul Arbitration Center https://istac.org.tr/. All expenses related to the arbitration process shall belong to the BUYER. Apart from the application to arbitration, if the buyer wishes, he can also apply to the general courts if the legal conditions comply.

5. The parties (buyer and seller) agree to apply to the Istanbul Arbitration Center in all disputes between them, such as the delivery method, type, shipment problems, and all problems that may arise from commercial law, except for the cases in article 4 above, even if there is no provision in this contract. However, this situation does not remove the right of the parties to apply to the general courts in the event that the legal conditions are fulfilled.

FINAL PROVISIONS

1. The parties accept that the information in the title I (Parties and Definitions) of this contract is correct and that the notification to these addresses and registered e-mail (KEP) addresses or electronic notification addresses (ETA) will be legally valid.

2. The seller or the buyer shall immediately notify the INTERMEDIATE SERVICE PROVIDER (EYETACT) of these addresses and their iban/account numbers and credit card information, in case the addresses in the title I (Parties and Definitions) of this Agreement change, and if they do not notify, they shall be free from delays or disruptions in payments. they accept that the intermediary service provider (EYETACT) is not responsible.

3. Force Majeure None of the parties, directly or indirectly, natural disasters, actions of civil or military authorities, internal disturbance, war, strike, fire, etc. In case of failure to fulfill any provision of this contract due to force majeure, such as force majeure, it will not be held responsible for the disruption of the service.

4. Dispute Resolution

a. This contract has been prepared in accordance with the Laws of the Republic of Turkey, and Istanbul (European) Commercial Courts and Enforcement Offices are exclusively authorized to resolve any disputes that may arise between the parties and EYETACT due to the implementation of the contract.

b. In disputes between the parties (buyer-seller-cargo company-customs consultant), the authority of the Istanbul Arbitration Center https://istac.org.tr/ specified in IV-4 (Responsibility for Defective Product) and IV-5 above or in the relevant legislation. The dispute will be resolved in accordance with the general authority-duty rules.

5. In all kinds of disputes between the BUYER and the SELLER due to this Agreement, the order; It accepts and declares that the commercial books and records of the SELLER, electronic information and documents will be used as evidence, and that the intermediary service provider (EYETACT) does not have any legal liability (penalty or compensation).

SIDES

Intermediary Service Provider Buyer Seller
(EYETACT)