TERMS AND CONDITIONS OF USE (“Terms of Use”)
ARTICLE 1 – INTRODUCTION
1.1 Visitors to the https://www.focsel.com/ (“Website”) operated by MD Konfeksiyon ve Tekstil San. ve Tic. Ltd. (“Focsel” or “Seller”) are advised to first read these Terms of Use and if they do not accept any provision in these Terms of Use, they must immediately terminate their access to the Website.
1.2 If the Website is continued to be used, Users irrevocably declare, accept and undertake that they have read these Terms of Use in their entirety, that they will comply with the Terms of Use, that they have understood all the content of the Terms of Use and that they accept the Terms of Use unconditionally and without reservation.
1.3 The Seller has the right to unilaterally and without any notice, modify, change, cease publication and republish the Terms of Use, the Website and other content on the Website at any time and under any conditions it wishes. Based on the aforementioned rights of the Seller, Users accept, declare and undertake that they accept the said modifications and changes by continuing to use the Website.
ARTICLE 2 – GENERAL PROVISIONS
2.1 Users irrevocably accept, declare and undertake that they will use the Website only and exclusively for purposes that are in accordance with law, general public order, morality and these Terms of Use, and that they will not engage in any activity, transaction and/or action that would prejudice the rights of the Seller or third parties and that is contrary to law, general public order, morality and these Terms of Use.
2.2 Users irrevocably accept, declare and undertake that they are responsible for any legal and criminal liability that may arise as a result of the transactions and/or actions they perform on the Website. The Seller shall not be liable for any damages or rights violations that third parties have suffered and/or may suffer due to illegal transactions and/or actions of Users as a result of the use of the Website, and any damages or rights violations that Users have suffered and/or may suffer due to illegal transactions and/or actions of third parties, and the User or third parties and/or persons shall be liable for the aforementioned reasons.
2.3 Users irrevocably accept, declare and undertake to compensate the Seller for any and all damages that the Seller has suffered and/or will suffer due to their actions contrary to the obligations they have accepted, declared and undertaken in accordance with these Terms of Use. The Seller has the right to recourse against the Users for any and all compensation and/or administrative/judicial fines that the Seller has paid and/or will pay to public institutions and/or third parties due to the Users' actions contrary to these Terms of Use.
2.4 The Website may contain hyperlinks to other websites, applications and platforms operated by third parties, the contents of which are unknown and uncontrolled by the Seller. The Seller provides and/or may provide hyperlinks to such websites, applications and platforms for functionality purposes only, and assumes no responsibility for the content of such websites, applications and platforms. The Seller is not responsible for the transactions of Users on websites operated by third parties to which hyperlinks are provided from the Website.
2.5 Although the Seller makes every effort to ensure online security on the Website, it does not guarantee that the Website is free of malware under the control of third parties. It is the responsibility of the Users to take the necessary precautions while accessing the Website and downloading data, and the Seller will not be held responsible in any way for any damages that occur and/or may occur as a result of malware under the control of third parties.
2.6 The Seller does not guarantee and/or undertake that the Website will be available for continuous and uninterrupted use and that there will be no defects and/or errors in the products, content, information, prices and services on the Website. The Seller reserves the right to unilaterally terminate the Users' access to any content, information, price, product or service offered on the Website and/or the Website itself without any prior notice.
2.7 Unless otherwise stated by the Seller and without prejudice to Article 2.6 of these Terms of Use, access to the Website is free and open to all. However, the Seller reserves the right to terminate Users' access to the Website and their right to place orders in the following cases:
a) If Users provide incorrect, incomplete and/or misleading information in their product orders,
b) In case of detection and/or suspicion of Users’ use of the Website contrary to morality, public order or other legislation,
c) In case it is detected and/or suspected that the Users are using the Website in violation of these Terms of Use.
2.8 Users are obliged to provide their own information when placing orders for products sold on the Website, and they accept, declare and undertake that they will not provide misleading, non-personal or false information. Users accept, declare and undertake that they will not place orders for products that can be considered wholesale, and that they can only place orders that can be considered retail. The Seller reserves the right to cancel orders that can be considered wholesale.
2.9 The Seller is completely free to determine the scope, price, conditions and nature of the products, services and campaigns it offers and/or will offer within the framework of the legislation. The Seller has the right to make unilateral changes to the products, services and campaigns it offers and/or will offer without any prior notice. The changes made by the Seller shall enter into force upon publication on the Website.
2.10 The Seller makes every effort to ensure that the current content and information on the Website is accurate and up-to-date. However, the current content and information on the Website may lag behind actual changes and some differences may occur. In this respect, the Seller cannot give any explicit and/or implicit guarantee and/or make any commitment regarding the accuracy and up-to-dateness of the content and information on the Website. The Seller does not accept any responsibility for typos and pricing errors on the Website.
2.11 The Seller is the owner and/or licensee of the intellectual and industrial property rights of all kinds of graphics, images, brands, icons, business models, technical data, Website domain names, products, product designs, product models, texts, codes, logos, sound files and software on the Website, including but not limited to the same ("Content"), and all rights are reserved. Reproduction, use, translation, publication in other media, distribution, presentation, copying and commercial or private use of the Content is strictly prohibited without the written permission of the Seller.
ARTICLE 3 – PERSONAL DATA AND PRIVACY
3.1 Personal data collected by the Seller and/or processed by the Seller through the Website are used exclusively in accordance with the Information Text and Cookie Policy. By using the Website, the User accepts and declares that the use of his/her personal data is in accordance with the Information Text and Cookie Policy.
ARTICLE 4 – DISPUTE RESOLUTION
4.1 The laws of the Republic of Turkey will be applied in resolving any disputes arising and/or to arise in relation to these Terms of Use, and Istanbul Anatolian Courts and Enforcement Offices are authorized.
4.2 The Parties accept, declare and undertake that all computer records belonging to the Seller will be taken as the sole, definitive and real exclusive evidence in accordance with Article 193 of the Civil Procedure Code and that the said records constitute an evidentiary contract.
ARTICLE 5 – MISCELLANEOUS PROVISIONS:
5.1 The headings of the provisions of these Terms of Use are included for convenience only and shall not be deemed to be a part of these Terms of Use. Such headings shall not be used in interpreting the provisions of these Terms of Use.
5.2 If any provision of these Terms of Use is held to be invalid or unenforceable, the invalid and/or unenforceable provision will be replaced with a valid and enforceable provision that most closely matches its intent and the remaining provisions will remain in effect.
5.3 The Seller's failure to exercise any of its rights referred to in these Terms of Use shall not constitute a waiver of such right, nor shall it prevent the relevant right from being exercised later.
ARTICLE 6 – ENFORCEMENT AND ACCEPTS
6.1 These Terms of Use and any amendments and changes made and/or to be made shall enter into force and become binding upon publication on the Website.
6.2 By continuing to use the Website, Users irrevocably declare, accept and undertake that they have read these Terms of Use in their entirety, that they will comply with the Terms of Use, that they understand all the content of the Terms of Use and that they accept the Terms of Use unconditionally and unconditionally, that they understand and approve their rights and obligations.
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