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SALES AGREEMENT
This Membership Agreement has been agreed upon by Anexxa Bilişim Teknolojileri Anonim Şirketi "makinaturkiye.com" and the buyer under the following conditions to be executed virtually ('Agreement').
1. PARTIES
SELLER
Title: Anexxa Bilişim Teknolojileri Anonim Şirketi
Portal: makinaturkiye.com
Address: Gülbahar Mah. Cemal Sururi Sok. No:15/E Office 17-20 Halim Meriç İş Merkezi 34394 Şişli / ISTANBUL
Phone: 0850 511 1 666
Email: destek@makinaturkiye.com
BUYER
Name / Title: {companyName}
Address: {address}
Phone: {phoneNumber}
Email: {email}
Tax Number: {vergiNo}
Buyer details are specified in the sales agreement and the member registration form.
2. SUBJECT
The subject of this agreement is to determine the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts regarding the sale and use of the product, whose qualities and sales price are stated below, by the BUYER from the SELLER's products and company information on the website www.makinaturkiye.com by purchasing the membership package specified below.
3. PACKAGE SUBJECT TO THE AGREEMENT / PAYMENT METHOD
The services provided to the Buyer and the sales price, including taxes, are as follows. Buyer information, such as Image advertisement, Video advertisement, Descriptions and contact information, Store -, Branch - Location information, Activities
The Membership packages purchased electronically, Sales Price, Payment method, and Invoice information are as follows.
Purchased Package: {alinanPaket}
Package Start/End: {paketBaslangic}-{paketBitis}
Total Sales Price: {fiyat} TL
Cash Payment/Installment: {peşin}
Installment: {taksit}
Payment Date: {paymentDate}
Payment Method: {orderType}
Invoiced Person/Company: {companyName}
Invoice Address: {faturaAdres}
Tax Office: {vergiDaire}
Tax Registration Number: {vergiSicilNo}
Email address: {email}
4- DURATION OF THE AGREEMENT/FORCE MAJEURE
The agreement is valid for the purchased package and its duration. Circumstances that were not present or unforeseen at the time of signing the agreement, developing beyond the control of the parties, and making it partially or completely impossible for one or both parties to fulfill their obligations or to fulfill them on time, will be considered as force majeure (Natural disaster, war, terrorism, uprising, legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities...). The party experiencing force majeure will immediately notify the other party in writing. During the continuation of the force majeure, the parties will not have any responsibility for not being able to fulfill their obligations. If this force majeure situation continues for 30 days, each party will have the right to unilaterally terminate the agreement.
5- GENERAL PROVISIONS
5.1. Persons under the age of 18 cannot purchase packages from www.makinaturkiye.com.
5.2. Makinaturkiye.com is not responsible for price errors resulting from typing and system errors.
5.3. The Buyer declares that they have read and are informed about the basic qualities of the product subject to the agreement on the www.makinaturkiye.com website, the sales price, and the payment method, and have given the necessary confirmation in the electronic environment.
5.4. The Buyer can purchase membership packages from www.makinaturkiye.com by credit card or bank transfer/eft. The memberships of our companies purchasing membership packages from our portal are activated within 24 hours after the sale is completed. The invoice is issued after the sale is completed. An informational email is sent to the Buyer. The Buyer confirms the agreement electronically or through sales made upon request.
5.5. Online product sales are not made on our site. Product sales are made by the seller company listed on our portal. Product delivery times are determined by the seller company and may vary according to the seller companies. Makinaturkiye.com does not sell the products it lists on the portal. Makinaturkiye.com only provides membership services to buyers.
5.6. The Buyer declares that they have read and are informed about the Order/Payment Procedure information on www.makinaturkiye.com, which includes the order and payment conditions of the product, the precautions taken against possible situations, and the warnings, and have given the necessary confirmation in the electronic environment.
5.7. Sales/Payment Procedure: The total amount of the purchased package, including VAT, is notified to the Buyer. If the Buyer approves, the package is activated within 24 hours. Payment: Payment can be made by credit card / transfer/eft. The Buyer declares that they have read and are informed about the basic qualities of the package subject to the agreement, the sales price, and the payment method on the makinaturkiye.com website, and have given the necessary confirmation in the electronic environment.
5.8. When paying by transfer, you can choose the most suitable bank for you and make your transfer. If EFT is made, the date of transfer to the account will be considered. When making a transfer and/or EFT, "Sender Information" must be the same as the Invoice Information, or the buyer's explanation must be written.
5.9. Makinaturkiye.com is not responsible for the delivery of the product to another person/institution if it will be delivered to another person/institution, for disputes or the refusal of the delivery by the person/institution to be delivered. Makinaturkiye.com is not responsible for the products listed. The company information and product entries are the responsibility of the member who purchased the package. Members who provide data related to the product, if needed, can get technical support, but Makinaturkiye.com is not responsible for the product entries of the member. The member can add/remove their products. Makinaturkiye.com is not obliged to make entries for the products of the members.
6- RIGHT OF WITHDRAWAL AND PROHIBITION OF TRANSFER
The service subject to this Agreement is a service provided instantly to the buyer in the electronic environment and cannot be returned to the buyer due to its nature. In addition, the buyer has no right of withdrawal in accordance with Article 15 of the Distance Contracts Regulation. The parties agree and undertake that they will not transfer and assign their rights, receivables, and obligations arising from this Agreement to third parties. The Buyer agrees not to allow another natural or legal person to use their rights arising from this Agreement.
7- IMPLEMENTATION
7.1. The buyer company must purchase a package to list its products. After the package is purchased, profile, logo buyer information, and information to be published on the buyer's page will be automatically included in the advertisements.
7.2. The buyer is responsible for any errors in the products to be advertised and the company profile, or incorrect information to be transmitted to candidates. The data provided by members receiving technical support is added to the system. Makinaturkiye.com is not responsible for the products in the system.
7.3. Additionally, the buyer is solely responsible for arranging all the content of the advertisements they will publish in accordance with the applicable legislation. The buyer is the sole addressee of all claims of third parties related to the company profile and/or advertisement content subject to this Agreement.
7.4. The buyer accepts, declares, and undertakes that Makinaturkiye.com has no responsibility in this regard.
7.5. Makinaturkiye.com will provide the buyer with a username and password.
7.6. The advertisements subject to this Agreement will be published by the buyer through the “username-password” provided by Makinaturkiye.com.
7.7. The duration of the advertisements published on the Makinaturkiye.com pages, from the moment the advertisement is activated, is within the membership period of the Agreement. After the package period related to the Agreement expires, the buyer's products will be deactivated until the package is renewed. In installment sales, if the installments are not paid on the committed dates, all debts become due, and the debtor defaults. A 7-day period is given to the debtor to pay the debt. The buyer who purchases the package declares that they have given the necessary confirmation in this regard.
7.8. The information published on the Makinaturkiye.com site is open to everyone. However, the Buyer is responsible for the widest definition of the buyer's employees or other business partners authorized by the buyer to use the username and password assigned to them to access the Makinaturkiye.com systems and for any third parties who obtain this username and password without the control of the buyer to access, copy, duplicate and distribute the data entered into the Makinaturkiye.com system with the username and password without the knowledge or written consent of Makinaturkiye.com, and in the event of any violation of this Agreement or relevant laws and regulations, the buyer will be responsible for all damages, losses, and administrative fines, and will indemnify Makinaturkiye.com.
7.9. Personal data and/or sensitive personal data belonging to Makinaturkiye.com users and/or candidates are transferred to the Buyer within the scope of this Agreement. Makinaturkiye.com declares, accepts, and undertakes that these data have been obtained in accordance with the relevant Law and regulations. From the moment the contract is signed, Makinaturkiye.com, within the scope of the commercial relationship between the parties, acts as the "data controller transmitting the data", while the buyer will act as the "data controller receiving the data". Both parties will be jointly responsible for the necessary obligations under the Law on the Protection of Personal Data and related regulations. The Buyer declares, accepts, and undertakes that they are responsible for the security of the personal data obtained through Makinaturkiye.com, and that they have taken all necessary technical and administrative measures to ensure an appropriate level of security to prevent the unlawful processing and access of personal data and to ensure the preservation of personal data according to its nature. If the Agreement is terminated for any reason, the buyer must destroy the data they have processed. If the buyer does not destroy these data and/or continues to process them, they must fulfill their obligation to inform and obtain consent from data subjects under their own data policy and the Law No. 6698 on the Protection of Personal Data and related regulations. The Buyer accepts and undertakes that they will personally obtain all necessary permissions for personal data and/or sensitive personal data and that if the relevant persons do not grant permission or if permission cannot be obtained, they will be solely responsible for any claims of third parties and/or institutions communicated to Makinaturkiye.com due to the unlawful processing, use, and/or transfer of personal data and/or sensitive personal data, and that if Makinaturkiye.com is subject to administrative fines and other penalties of any kind, they will reimburse Makinaturkiye.com upon the first written request, along with any associated costs.
7.10. The Buyer will promptly and appropriately respond to questions from Makinaturkiye.com related to data subjects and/or requests from the Personal Data Protection Board, and will comply with the relevant legislation and the decisions and opinions of the Personal Data Protection Board regarding the processing of personal data.
7.11. If the personal data and/or sensitive personal data subject to the agreement are processed and transferred on behalf of the buyer by another natural or legal person, the Buyer declares, accepts, and undertakes that they are jointly responsible with these persons for taking all necessary technical and administrative measures to ensure an appropriate level of security to prevent the unlawful processing and access of personal data and to ensure the preservation of personal data according to its nature.
7.12. In installment or deferred payment sales, if payment is not made on the due date, a 5% default interest will be applied starting from the next business day after the due date. This rule also applies to installment sales. If 2 installments are not paid consecutively or are delayed, all debts become due, and a 7-day payment period is given to the debtor in accordance with Article 7.7. If payment is not made within the 7-day period, a 5% default interest will be applied. An overdue interest invoice will be issued to the buyer in this regard. The buyer who purchases the package declares and accepts that they have given the necessary confirmation.
8. CONFIDENTIALITY
8.1. The company officials to whom the service passwords provided by Makinaturkiye.com are assigned are responsible for keeping these passwords and the contract price confidential.
8.2. In case of any violation of the agreement, personal data of the buyer who purchased the package through makinatürkiye.com will be deemed to have consented to be shared with company officials or lawyers serving the company in the event of legal and judicial situations.
8.3. The parties declare that all notifications to be made under the Agreement must be in writing, and unless notified in writing otherwise, the addresses written above are their legal notification addresses and that any written notification made to these addresses will have all the legal consequences of a valid legal notification.
8.4. In case of violation of this agreement, the buyer is obliged to compensate for Makinaturkiye.com's damages. If administrative fines or other penalties or compensations are imposed for these reasons, Makinaturkiye.com has the right to recourse to the buyer, and the buyer accepts and undertakes to pay Makinaturkiye.com immediately and together with its affiliates upon the first written request.
8.5. In case of violation of the obligations of this agreement, Makinaturkiye.com reserves the right to terminate the agreement unilaterally without compensation. In this case, the buyer cannot claim any refund.
8.6. The buyer cannot claim a refund from Makinaturkiye.com if they do not use the package purchased from Makinaturkiye.com for any reason or do not fulfill their obligations. Once the purchased package is activated, they cannot avoid payment.
9. AUTHORIZED COURT
9.1. The parties will try to resolve any disputes amicably; however, if an amicable solution cannot be reached, the Istanbul execution offices and Istanbul Courts are authorized to resolve any disputes arising from the application and interpretation of this Agreement.
9.2. In the event of the order being placed, the buyer is deemed to have accepted all the conditions of this agreement.
9.3. If the parties fail to fulfill their obligations arising from this agreement, the provisions of the debtor's default in the Code of Obligations will apply. In cases of default, if any party fails to fulfill their obligations within the specified time, the other party will give the non-performing party a 7-day period to fulfill the obligation.
This agreement has been drawn up on {sozlesmeTarih}.