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Membership Agreement

Unofficial translation. This English text is provided for information only. The legally binding version is the Turkish original of this page (“Üyelik Sözleşmesi”), which you can open with the language selector at the top of the site. In the event of any discrepancy, the Turkish text prevails.

1. Parties

This agreement, under the name “www.trendhasat.com User Agreement”, is concluded between www.trendhasat.com and the user wishing to become a member of the www.trendhasat.com website.

This “www.trendhasat.com User Agreement” is deemed to have been concluded at the moment the agreement available on the www.trendhasat.com website is approved by the user electronically. The agreement takes effect from the moment of that approval.

By becoming a member of the www.trendhasat.com website, the user accepts, declares and undertakes that they have read this agreement in full, understood its content in its entirety and approved all of its provisions.

2. Definitions

User: persons who become members of the www.trendhasat.com website and benefit from the services offered at www.trendhasat.com under the conditions set out in this agreement.

Buyer: a user who, by using the services offered at www.trendhasat.com, purchases the goods and services offered for sale by www.trendhasat.com.

Site: the website consisting of the domain name www.trendhasat.com and the sub-domains connected to that domain name.

www.trendhasat.com Services: the applications established by www.trendhasat.com in order to enable users to carry out the transactions and operations defined in this agreement within the site (referred to as the “Service”).

3. Subject and Scope of the Agreement

3.1. The subject of this agreement is the determination of the services offered on the www.trendhasat.com website, the conditions for benefiting from those services, and the rights and obligations of the parties.

3.2. The scope of this agreement comprises this agreement together with all warnings, texts, explanations and similar statements made by www.trendhasat.com in relation to use, membership and services within the site.

3.3. By accepting the provisions of this agreement, the user is also deemed to have accepted every statement made by www.trendhasat.com within the site in relation to use, membership and services.

3.4. The user and www.trendhasat.com accept and undertake to act in accordance with every matter set out in the statements falling within the scope of the agreement.

4. The Service and Its Scope

4.1. The services to be provided by www.trendhasat.com consist of making shopping possible in an electronic environment within the scope of the legislation.

4.2. www.trendhasat.com may make changes and/or adaptations to the site “services” in order to enable users to carry out the transactions and operations defined in this agreement more effectively. The rules and conditions with which users are obliged to comply in relation to such changes and/or adaptations made by www.trendhasat.com are announced to users by being published on the site.

4.3. Changes and/or adaptations made to the “services” by www.trendhasat.com pursuant to the paragraph above are deemed to have been accepted by the user.

5. Conditions for Benefiting from the Service

5.1. Membership is completed by the person wishing to become a user carrying out the registration process from the relevant section of the site, by having their necessary personal information processed and by approving this agreement. The rights and powers of a “user” as defined in this agreement cannot be acquired before the membership process is completed.

5.2. In order to become a member of the site, it is necessary to be of legal age and not to have been temporarily suspended from membership or permanently banned from membership by www.trendhasat.com pursuant to Article 6.2.4 of this agreement. The completion of site registration by persons who are not of legal age, or who have been temporarily suspended from membership or permanently banned from membership by www.trendhasat.com pursuant to Article 6.2.4 of this agreement, will not result in those persons becoming members of the site.

6. Rights and Obligations

6.1 Rights and Obligations of the User

6.1.1. The user accepts that, when fulfilling the membership procedures, when benefiting from the goods and services of the site, and when carrying out any transaction relating to the goods and services on the site, they will act in accordance with all the conditions contained in this agreement, the rules stated in the relevant parts of the site and all applicable legislation, and that they have understood and approved all of the aforementioned conditions and rules.

6.1.2. The user accepts that they are aware that, in relation to confidential, private or commercial information belonging to them, www.trendhasat.com is entitled to disclose such information to competent official authorities and to competent natural or legal persons within the framework of applicable legislation or in cases where it is alleged that the rights of other users or of third parties have been infringed, and that no compensation may be claimed from www.trendhasat.com on that basis under any heading whatsoever.

6.1.3. Matters relating to the security, safekeeping, keeping away from the knowledge of third parties, and use of the system access tools (username, password, etc.) used by users in order to benefit from the goods and services offered by www.trendhasat.com are entirely the responsibility of the users. www.trendhasat.com has no direct or indirect liability for damage suffered or that may be suffered by users and/or third parties, and to be borne by www.trendhasat.com, arising from any negligence or fault of users in matters such as the security, safekeeping, keeping away from the knowledge of third parties, and use of their system access tools, and such damage may be recovered from the user in proportion to their fault.

6.1.4. Users may not assign this agreement, or their rights and obligations under this agreement, in whole or in part to any third party without the written approval of www.trendhasat.com.

6.1.5. Those who benefit from the goods and services offered by www.trendhasat.com and those who use the site may carry out transactions on the site only for lawful purposes. The legal and criminal liability for every transaction and act carried out by users within the site belongs to those users. Every user accepts and undertakes that they will not reproduce, copy, distribute or process images, texts, visual and audio material, video clips, files, databases, catalogues and lists contained within the site that would constitute an infringement of the rights in rem or personal rights, or of the assets, of www.trendhasat.com and/or of any other third party, and that they will not compete with www.trendhasat.com directly and/or indirectly, whether through such acts or by other means. www.trendhasat.com cannot be held liable, directly and/or indirectly, in any way for damage suffered or that may be suffered by third parties as a result of activities carried out by users on the site contrary to the provisions of this agreement and to the law.

6.1.6. The user becomes entitled to purchase the goods/services displayed for sale by www.trendhasat.com at the price determined by www.trendhasat.com and by choosing any one of the payment options offered by www.trendhasat.com. By selecting any product displayed on the site and any one of the payment options offered in relation to that product, and by approving the relevant distance sales contract, the user concludes a contract of sale between the user and www.trendhasat.com. By the contract so concluded, the user is also deemed to have accepted the explanation given by www.trendhasat.com in relation to the product and the terms and procedures of sale determined for the product.

6.1.7. The user fulfils the obligation to pay the price of the products they have become entitled to purchase pursuant to Article 6.1.6 of this agreement through the payment option they have chosen and accepted in relation to the product.

6.1.8. Within the framework of the user's right to obtain the product, the moment at which www.trendhasat.com's obligation to deliver the purchased goods/services arises is: for purchases from the site by credit card (Visa, MasterCard), the moment the amount corresponding to the order is blocked; for payments by bank transfer or cash transfer, the moment that transfer reaches the account of www.trendhasat.com; for payment by gift voucher (points earned from the site), the moment points corresponding to the order are deducted from the user's account. In the case of cash payment on delivery, it is the moment the order price is paid.

6.1.9. In line with the payment option chosen, the order is processed by www.trendhasat.com as at: for payments by credit card (Visa, MasterCard), the moment the amount corresponding to the order is blocked; for payments by bank transfer or cash transfer, the moment that transfer reaches the account of www.trendhasat.com; for payments by gift voucher (points earned from the site), the moment points corresponding to the order are deducted from the user's account. In the case of payment on delivery, the order is processed by www.trendhasat.com as at the moment the order is approved by the user.

6.1.10. Within the framework of the performance of the obligation to deliver the goods/services, delivery of the product will be carried out by a courier company, by a supplier company, or by the www.trendhasat.com dispatch service. The interval between the sending of the order confirmation email and the moment the user receives the order is, provided the orders are fully supplied and the weather conditions are suitable for harvest, on average 10 business days for orders throughout Türkiye. If the user's orders are not delivered within these periods, the user should notify www.trendhasat.com of the situation using the email or telephone contact details set out in the contact section of the site.

6.1.11. www.trendhasat.com is not liable for errors arising from typesetting and system faults. Where the goods/services to be purchased are no longer in the stocks of www.trendhasat.com and this becomes apparent after the order has been approved, the user's order remains in effect for a period of 5 days, until the order is supplied. If the ordered goods/services cannot be supplied by www.trendhasat.com by any means, another product to the value of the goods/services that are the subject of the order may be sent in accordance with the user's wishes, or the product may be awaited coming into stock, or the order may be cancelled. If the user does not exercise one of these options within 3 days, the agreement terminates and www.trendhasat.com delivers to the user, within the framework of consumer legislation, the amount paid and all documents placing the user under an obligation.

6.1.12. Having taken delivery of the product demonstrates that www.trendhasat.com's performance obligation under the contract of sale between the parties has been fully and completely carried out. Where the product is received by the user or by persons living in the same residence as the user, the contract of sale is likewise deemed to have been performed. If the delivered package has been opened, the person receiving the delivery must have the situation recorded in a report with the person making the delivery, retain a copy of that report, and must not accept the package. The user must send the report establishing the situation to www.trendhasat.com within a period of 7 days through the email or fax contact mechanisms set out in the contact section of the www.trendhasat.com website. Within a period of 10 days following receipt of the report, www.trendhasat.com will resend the user's order to the address notified by the user without requesting any additional charge.

6.1.13. www.trendhasat.com has no liability towards the relevant third parties in respect of purchases made through www.trendhasat.com by users using credit cards and/or bank accounts belonging to others that are in their possession unlawfully, and in this respect no refund may be requested from www.trendhasat.com in any way and no legal or criminal proceedings may be brought against www.trendhasat.com.

6.2 Rights and Obligations of www.trendhasat.com

6.2.1. www.trendhasat.com reserves the right at all times to change the goods and services offered on the site, and to close information and content to access by third parties, including users, and to delete it. www.trendhasat.com may exercise this right without any notification and without giving notice. Users are obliged to carry out promptly the changes and/or corrections requested by www.trendhasat.com. Requests for changes and/or corrections made by www.trendhasat.com may, where they are not carried out by users or where deemed necessary, be carried out by www.trendhasat.com. The legal and criminal liability for damage that arises or may arise as a result of the failure of users to carry out in good time the requests for changes and/or corrections made by www.trendhasat.com belongs entirely to the users.

6.2.2. www.trendhasat.com continuously checks the accuracy and currency of the information available on the site. However, despite all efforts made, there may be differences between the current state of the relevant information and its state as shown on the site. In such cases and in similar cases of technical and typographical error, no legal liability will arise on the part of www.trendhasat.com.

6.2.3. www.trendhasat.com may use the “personal user” information or the “user” information relating to membership contained on the site for user security, for the performance of its own obligations and for certain statistical evaluations. It may classify and retain such information in a database.

6.2.4. www.trendhasat.com does not act as mediator or arbitrator in disputes arising between users in connection with the goods and services provided on the site.

6.2.5. www.trendhasat.com may remove from access, at any time and in any manner it wishes, messages and comments that are contrary to the operation of the site, to its general rules or to general moral rules, that denigrate the site, or that are not capable of being accepted by www.trendhasat.com; www.trendhasat.com may terminate the membership of the user who entered such messages and comments, temporarily or permanently, without any notice, and may initiate criminal and legal proceedings against them and claim pecuniary or non-pecuniary damages.

6.2.6. Users and www.trendhasat.com are legally independent parties. There is no partnership, agency or employer-employee relationship between them. No partnership, agency or employer-employee relationship arises as a result of the approval and application of this agreement.

7. Other Provisions

7.1. Protection of Personal Data. Within the scope of Law No. 6698 on the Protection of Personal Data (“KVKK”), personal data of Users obtained by means of the Site may be collected, transferred and otherwise processed by Finport Tarım ve Gıda Ürünleri Sanayi Ticaret Anonim Şirketi in the capacity of data controller. Which personal data of Users is processed, the purposes of processing personal data, the persons to whom transfers are made and the purposes of transfer, the method and legal ground for collecting personal data, and other explanations regarding the rights of data subjects listed in Article 11 of the KVKK, are set out in the Web Personal Data Protection and Privacy Principles Disclosure Text.

7.2 Intellectual Property Rights

7.2.1. All elements on the www.trendhasat.com website (including but not limited to design, text, images, HTML code and other code) — works subject to www.trendhasat.com copyright — are used as belonging to www.trendhasat.com and/or under a licence right obtained by www.trendhasat.com from a third party. Users may not resell, share, distribute or display the goods and services of www.trendhasat.com, the information of www.trendhasat.com or the works subject to www.trendhasat.com copyright, and may not permit others to access or use the goods and services of www.trendhasat.com; otherwise they will be liable to cover the amount of compensation claimed from www.trendhasat.com for damage suffered by third parties, including licensors, together with court costs and lawyers' fees. Users may not reproduce or distribute works subject to www.trendhasat.com copyright, or make or prepare works derived from them.

7.2.2. All rights of www.trendhasat.com in all assets, rights in rem and personal rights, commercial information and know-how, including all tangible and intellectual property rights held through www.trendhasat.com services, www.trendhasat.com information, works subject to www.trendhasat.com copyright, www.trendhasat.com trademarks, www.trendhasat.com trade dress or the site, are reserved.

7.3 Amendments to the Agreement

7.3.1. www.trendhasat.com may, entirely at its own discretion and unilaterally, at any time it considers appropriate, make changes and/or adaptations to this agreement by announcing them on the site. The amended provisions of this agreement take effect on the date they are announced, and the remaining provisions continue in force and continue to produce their effects and consequences unchanged.

7.3.2. Changes/adaptations made to this agreement by www.trendhasat.com are announced to users through the site. Changes and/or adaptations made to this agreement by www.trendhasat.com are deemed to have been accepted by the user.

7.3.3. This agreement cannot be amended by unilateral declarations of the user.

7.4 Force Majeure

7.4.1. In all situations legally regarded as force majeure, cases in which www.trendhasat.com performs any of its obligations determined by this agreement late or incompletely, or fails to perform them properly or at all, will not be regarded within the legal characterisation of failure to perform the agreement properly or at all. No legal liability will arise on account of such situations, and no claim for compensation may be raised.

7.4.2. The term “force majeure” means all causes protected by statutory provisions, including epidemic, natural disaster, riot, war, strike, communication problems, infrastructure and internet failures, power cuts and bad weather conditions, but without being limited to these, and including well-known and notorious events, and will be interpreted as unavoidable events that are unforeseen, outside the reasonable control of the relevant party and which www.trendhasat.com could not prevent despite exercising due care.

7.5 Applicable Law and Jurisdiction

Turkish law will apply to the application and interpretation of this agreement and to the management of the legal relationships arising within this agreement. The Courts and Enforcement Offices of Antalya are competent to resolve any and all disputes arising or that may arise from this agreement.

7.6 Termination of the Agreement

7.6.1. This agreement will remain in force for as long as the user is a member of the site and will continue to produce its effects and consequences between the parties, and will be deemed to have ended upon the expiry of the user's membership period or the temporary or permanent suspension of their membership.

7.6.2. www.trendhasat.com may terminate the agreement unilaterally where users breach this agreement, its annexes, or similar rules relating to use, membership, goods and services contained within the site, and in particular in the cases listed below, and users will be obliged to compensate all damage suffered by www.trendhasat.com by reason of the termination:

  • Users engaging in conduct that manipulates the operation of the site by any method;
  • The user transferring the user profile created for them to another person or making it available for use;
  • The user engaging in acts that infringe, and/or carry the risk of infringing, the rights of third parties;
  • Users making purchases at www.trendhasat.com using credit cards and/or accounts belonging to others obtained without permission.