1. PARTIES

This Tekyumak Online Customer Agreement and Terms of Use (“Agreement”), www.tekyumak.com This transaction is between Tekyumak, the owner of the website, application, and all related applications ("Site") with the domain extension, and the Customer who has registered their identity and contact information in the system or who has purchased products from the Site even if they have not.

2. SUBJECT OF THE AGREEMENT

The subject of this Agreement is to provide the opportunity to purchase products through the platform owned by Tekyumak and to determine the mutual rights and obligations of the parties. The Customer acknowledges, declares, and undertakes that they have read, understood, and agree to all the terms of this Agreement, whether they make a purchase from the Site as a member or not.

3. TEKYUMAK'S RIGHTS

3.1. For security reasons, Tekyumak may monitor and record all activities of the Customer on the Site and/or take any necessary action, including removal from the Site, suspension of membership, cancellation of membership, and similar measures.

3.2. Tekyumak may partially and/or completely change the form and content of the Site, as well as change the domain name under which the Site is published, use different subdomains, perform domain name redirection and/or close the domain name, without prior notice to the Customer.

3.3. Tekyumak may, at any time and/or without giving any reason and without prior notice to the Customer, change the scope and/or types of services offered on the Site, as well as partially or completely suspend, terminate or completely cancel the services offered on the Site.

3.4. Tekyumak may make changes and/or updates to its services, sales terms and/or procedures at any time to ensure more efficient operation of its business and/or transactions. Customers hereby acknowledge and declare that they accept these changes and will comply with them.

3.5. This Agreement does not constitute any commitment for the sale of Tekyumak. The Customer may not claim any rights or receivables from Tekyumak under any circumstances for this or any other reason.

3.6. Tekyumak reserves the right to unilaterally suspend, terminate, and/or cancel a Customer's membership if the Customer becomes a member of the Site. The Customer acknowledges, declares, and undertakes that they have no right to object to this.

3.7. Tekyumak may collect and process the Customer's identity, address, contact, and site usage information in a database for all legal purposes, including but not limited to conducting user profile and market research, generating sales and site usage statistics, provided that it fulfills its obligation to inform and obtain consent when necessary, in accordance with the provisions of Law No. 6698, and complies with other security measures. Furthermore, Tekyumak may share this information with third parties/institutions to comply with legal obligations, or if requested by an authorized judicial or administrative authority for investigations or inquiries, or to protect the rights and security of users.

3.8. Tekyumak reserves the right to change the prices and product specifications of the products and services offered for sale on the Tekyumak system.

3.9. Tekyumak may make changes to the application of this Agreement, amend existing clauses, or add new clauses in the future to meet technical necessities and comply with legislation, provided that these changes are not to the detriment of users.

3.10. If a link is provided by the customer or by Tekyumak solely for ease of reference, this cannot be interpreted as Tekyumak endorsing the linked websites or as constituting any representation or warranty by Tekyumak regarding the website or its content. Tekyumak accepts no responsibility whatsoever for sites, files, and content accessed in this manner.

4. CUSTOMER'S OBLIGATIONS

4.1. If the customer wishes to become a member, they complete the registration process by following the membership procedure specified on the Site. By becoming a member, the customer accepts the terms of this Agreement and any statements made/to be made by Tekyumak regarding membership and services.

4.2. The customer acknowledges and declares that the identity, payment information, address and/or contact information provided in their transactions are complete and accurate, that they will immediately inform Tekyumak in writing of any changes to this information, and that they will be solely responsible for any legal disputes and/or damages that may arise due to providing outdated and/or incorrect information. Tekyumak cannot be held liable for any such issues.

4.3. The customer acknowledges and declares that, in addition to the information specified in Article 4.2, the information provided during the membership process is accurate and complete, that any changes to this information will be immediately communicated to Tekyumak in writing, that orders will be processed in accordance with the information provided, and that the customer will be solely responsible for any problems, legal disputes, and/or damages arising from providing incomplete and/or incorrect information. Tekyumak cannot be held liable for any such issues.

4.4. The customer acknowledges and agrees that while using the services specified on the Site, they will act in accordance with the laws of the Republic of Turkey and general moral principles, refrain from insults, threats, defamation, harassment, and similar actions, engage in political and/or ideological propaganda, refrain from behaviors that disturb other customers, avoid any behavior that defames individuals and/or institutions, and avoid any actions that may cause disruption or interruption of the services provided on the Site; otherwise, they will be personally responsible for any damages incurred.

4.5. The client agrees and undertakes not to infringe the intellectual property rights of third parties, to respect the copyrights of third parties, not to engage in unfair competition, and to respect the trade secrets and privacy of third parties.

4.6. The customer acknowledges and agrees that when using the Site, they will use a password that cannot be easily guessed by others, that they will not share their username, password, or similar information with others, and that they are solely responsible for this security, with Tekyumak being held liable in any way.

4.7. The customer undertakes not to engage in fraudulent behavior, not to interfere with the Site's security mechanisms, and to be responsible for any damages that may arise otherwise, and to compensate Tekyumak for all damages incurred.

4.8. The customer acknowledges and agrees that, upon becoming a member, they will only use their own membership account, will not use the account information of other customers, and/or will not allow others to use their membership account. If Tekyumak detects any violation, their membership and undelivered orders may be cancelled, and they will be held liable for any and all damages incurred or that may be incurred.

4.9. The customer agrees and undertakes not to submit or share harmful programs, software, code and/or similar materials to the Site, and to refrain from any action that could jeopardize the security of the Site and other customers.

4.10. The customer may not transfer their rights and obligations arising from this Agreement, or their membership account if they become a member of the Site, to third parties.

4.11. The Customer may not restrict or hinder others' use of the Site, or interfere with the operation of the Site or the servers or networks used to make the Site available.

4.12. Tekyumak is not responsible for any damages that may occur directly or indirectly due to virus attacks affecting the Customer's computer hardware and/or information obtained from the Site, or in connection with their access to and use of the Site.

4.13. The customer agrees not to use any tools, software, and/or devices to interfere with or attempt to interfere with the operation of the Site, not to connect to or conduct transactions on the Site without authorization, and not to access or use the software and data of other internet users without authorization.

4.14. The customer acknowledges that products purchased through the Site are for personal use only and are not intended for resale.

4.15. The customer acknowledges, declares, and undertakes that if they wish to cancel an order placed through the Site, they will notify the Site of this request at least 24 (twenty-four) hours from the time the order was placed, in a manner that will be clearly indicated to them. The Preliminary Information Text, the Distance Sales Agreement, and the relevant legislation will apply to the return of delivered products. Delivery and Returns https://tekyumak.com/tr/teslimat-ve-iade-sartlari It will be carried out as specified at the address provided.

4.16. The customer acknowledges, declares, and undertakes that they are solely responsible for all transactions and operations conducted through the Site; that they cannot raise any defense and/or objection claiming that they did not perform the transactions and/or operations carried out here; and that they will not evade fulfilling their obligations based on such defense or objection.

4.17. The customer agrees, declares, and undertakes not to open multiple membership accounts using different usernames. If Tekyumak detects a violation of this rule, or if someone whose membership has been terminated, suspended, or interrupted for any reason opens one or more membership accounts with a different username to access the Site again, Tekyumak has the right to cancel all of that person's membership accounts without any prior notice and to unilaterally terminate this Agreement without any obligation to pay compensation.

5. PAYMENT TERMS AND CONDITIONS

5.1. Customers can only pay for the products they purchase using online payment methods.

5.2. The customer acknowledges that they must pay for the purchased items using their chosen payment method; otherwise, the services will not be delivered.

5.3. The customer is responsible for the accuracy of the card information provided during the online payment process, and acknowledges that they understand Tekyumak will collect the payment in their name and account, and that the sales relationship will be established between them and Tekyumak.

5.4. In cases where payments are made using the online payment method option, and the card is used illegally by someone other than the cardholder, action will be taken in accordance with the provisions of the Bank Cards and Credit Cards Law and the Regulation on Bank Cards and Credit Cards. For orders paid for using the online payment method, the receipt/invoice for the order will be issued by Tekyumak, the company that received the order.

5.5. Secure Electronic Commerce (GET) service is a service provided by Tekyumak that enables the Customer to purchase products offered for sale online using the Site's infrastructure.

5.6. In the GET service, the Customer submits a purchase request for a product offered for sale on the Site by using the Site's infrastructure, confirming that they have read and accepted the Distance Sales Agreement and the Preliminary Information Text. By submitting such a purchase request to Tekyumak, the Customer declares, accepts, and undertakes that they accept the terms and conditions specified in this Agreement, the Preliminary Information Text, and the Distance Sales Agreement regarding the sale of the product offered for sale. The Customer agrees and undertakes to purchase the product related to this purchase request.

5.7. In the GET service, if Tekyumak has foreseen a sales method where the final sales price of the product is determined as a result of offers made by the Customer within certain price ranges, the Customer makes an offer to purchase the product from Tekyumak by using the "Buy" button. A contract is established between the parties upon Tekyumak's acceptance of the Customer's offer. The acceptance statement is sent to the Customer's email address via the system and simultaneously appears in the Customer's Tekyumak Customer Account, if any. Tekyumak reserves the right to accept or reject the offer. admin@tekyumak.com The customer must use the provided email address. Tekyumak bears no responsibility for acceptance or rejection statements made without using an email address. If the customer fails to deposit the agreed-upon product price into the Secure Account, which is the escrow account where payments made by the customer in the GET service are held, within 3 (three) business days after Tekyumak accepts the customer's offer in the manner specified in this clause, the agreement between the parties will be deemed automatically terminated. A contract is established between the parties when the customer completes the payment process for the product after adding it to their cart in the GET Service.

5.8. By making purchase requests through the Site and using the Site's infrastructure, the customer is deemed to have accepted the sales terms and procedures determined by Tekyumak.

5.9. The customer can only fulfill their payment obligations by transferring funds to a Secure Account for purchases made through the GET service using the Site's infrastructure. Tekyumak will have no responsibility whatsoever regarding the GET Service specified in this Agreement if payment is made through any means other than the Secure Account.

5.10. In addition to the services listed above, customers may utilize other services announced on the Site and specified in the relevant sections of the Site, by paying any fees stipulated for those services. Customers acknowledge and agree to comply with the obligations set forth in the relevant section of the Site regarding the services defined by Tekyumak under this clause and announced on the Site.

5.11. Tekyumak will announce the fees and payment terms (if applicable) for the services, GET Service, and additional services specified in this Agreement in the relevant sections of the Site. Changes to service fees will become effective 3 (three) days after the change is announced and will remain valid until the end date of any ongoing campaign. Unless otherwise stated on the Site, all fees for additional services on the Site will be calculated and collected in Turkish Lira (TL). Customers are obligated to make payments in accordance with the explanations provided herein.

6. PRIVACY OF PERSONAL DATA AND COMMERCIAL ELECTRONIC COMMUNICATION

6.1. Tekyumak is authorized to collect, store, transfer, and process any personal data identifying the Customer, such as the Customer's name, surname, address, telephone number, credit card information, etc., in accordance with the provisions of Law No. 6698, provided that it fulfills its obligation to inform the Customer and obtain consent when necessary, and complies with other security measures.

6.2. Tekyumak is committed to keeping personal information strictly private and confidential, considering it a duty of secrecy, and to taking all necessary measures and exercising due diligence to ensure and maintain confidentiality, and to prevent the entire or any part of confidential information from entering the public domain or being used without authorization or disclosed to a third party.

6.3. Tekyumak will not be held liable for any damage to confidential information or its falling into the hands of third parties as a result of attacks on the Site and the system, despite taking the necessary information security measures.

6.4. The information collected on Tekyumak servers will be used for the purposes specified within the scope of the obligation to provide information.

6.5. Statistical data that does not contain personal information may be shared with Tekyumak employees, business partners, and other service providers.

6.6. Customer information may be disclosed to official authorities if requested by them in accordance with due process and only in cases where the company is legally obligated to disclose information to official authorities under applicable mandatory legal provisions.

6.7. The customer may at any time request and obtain information on whether their personal data is being processed, the purpose of the processing, the third parties to whom the data is transferred, the correction, deletion, anonymization or destruction of the data, and compensation for damages if the data has been processed in violation of the law.

6.8. By accepting this Agreement, the Customer acknowledges that they have read and understood Tekyumak's "Privacy Policy" and "Personal Data Protection and Processing Policy".

6.9. The customer acknowledges and agrees that, with their consent, Tekyumak may also send them commercial electronic data, audio, and video messages, including promotions such as discounts and gifts, and promotional contests or games, using means such as telephone, call center, automated calls, email, and short message service.

7. INTELLECTUAL PROPERTY RIGHTS

7.1. The presentation and all content of the Site are protected by Turkish legislation and intellectual property laws, and all information and/or data published on this Site, including all trademarks, logos and service marks, belong to Tekyumak or its licensors. The Customer may not, directly and/or indirectly, distribute, transmit, modify, copy, display, reproduce, publish, process and/or otherwise use the Site's content, in whole or in part, and/or allow others to access and/or use the Site's services without the written consent of Tekyumak. Otherwise, the Customer shall be immediately liable to pay Tekyumak any and all damages claimed by Tekyumak for any and all damages incurred by Tekyumak, including but not limited to damages incurred by third parties, including licensors.

7.2. Tekyumak reserves all rights to its assets, including but not limited to site services, site information, copyrighted works on the site, trademarks of the site, trade dress of the site, and/or any tangible and/or intangible property rights relating to the site, as well as all rights to commercial information and/or know-how.

7.3. All rights to all texts, graphics, images, and/or pictures on this site are reserved and may not be used without permission.

7.4. Any unauthorized use (including but not limited to processing, reproduction, distribution, representation, and public display) of any financial rights relating to the site's content, design, and/or software, as well as any unauthorized disclosure and/or use, will constitute an infringement of intellectual and industrial property rights.

7.5. Customers agree and undertake to comply with the provisions of the Turkish Code of Obligations, the Turkish Penal Code, the Law on Intellectual and Artistic Works, the Turkish Commercial Code, and all current and/or future legislation in their use of the Site. Any legal, administrative, criminal, and financial liability arising from such non-compliance shall be the responsibility of the Customer, and Tekyumak reserves the right of recourse.

8. RESPONSIBILITY

8.1. The Customer acknowledges that there may be deficiencies in the information and/or services offered/published on the Site, communication problems, technical problems, infrastructure and/or internet failures, power outages and/or other problems not limited to those listed, and that in the event of such problems/failures, Tekyumak is authorized to stop and/or terminate and/or cancel the sale without any notification to the Customer and/or without giving any reason, whether before the sale begins, during the sale, or even if the sale has been made. The Customer cannot claim any rights or payments from Tekyumak under any name for these reasons.

8.2. Tekyumak does not guarantee that the service will be error-free, continuously available, or free from viruses and other harmful elements.

8.3. Tekyumak shall not be liable for any direct and/or indirect damages to the Customer except in cases of gross negligence or intent.

9. TERMINATION OF THE AGREEMENT

9.1. If the Customer breaches any and/or all of its obligations arising from this Agreement, Tekyumak may unilaterally terminate this Agreement without any notice and/or justification, cancel the Customer's membership if the Customer is a member of the Site, and partially or completely suspend or cancel the services the Customer has received, is receiving, or will receive from the Site. Therefore, in the event of termination, the Customer shall have no rights and/or claims against Tekyumak. Tekyumak is authorized to claim any and all damages incurred/to be incurred from the Customer.

9.2. The parties are authorized to terminate this Agreement unilaterally at any time without giving any reason and without the need for any notice, and to cancel the Customer's membership if they have become a member of the Site. In this case, the Customer cannot claim any rights, receivables, loss of profit, damages, or any other payment from Tekyumak under any name or title, by alleging that the termination was unfair, unjustified, without cause, without notice, or untimely, that it was in good faith, or for any other reason or excuse.

10. DURATION OF THE AGREEMENT

This Agreement shall enter into force upon its approval on the Site and shall terminate automatically without further notice upon cancellation of membership by Tekyumak or the Customer and/or cancellation of an order placed by the Customer and/or successful delivery of an order placed by the Customer and/or termination of services offered on the Site.

11. MISCELLANEOUS PROVISIONS

11.1. The Customer consents to receiving notifications regarding changes to the Agreement and services, sales-related matters, membership cancellation (if applicable), termination of this Agreement, and similar matters via the email address provided during the transaction. The Customer acknowledges and agrees that notifications sent by email, whether or not received, shall be deemed delivered and shall have legal effect from the moment they are sent by Tekyumak. Tekyumak is not responsible for any delays in receiving the notification or for its consequences.

11.2. If any provision of this Agreement is deemed invalid or unenforceable for any reason, the remaining provisions of this Agreement shall remain in effect.

11.3. Tekyumak's failure to exercise, or its delay in exercising, any right or power it possesses under this Agreement shall not constitute a waiver of that right or power; similarly, the exercise of a right or power, in whole or in part, shall not prevent the subsequent exercise of that or any other right or power, nor shall it constitute a waiver.

11.4. The Istanbul Courts and Enforcement Offices are authorized to resolve any disputes arising from this Agreement.

11.5. The customer declares that they have read, understood, and accepted all the terms and conditions of the Site. The customer also declares that they accept, knowing and understanding the consequences, any provisions in the Agreement that may be contrary to their interests.