STORE AGREEMENT
1. PARTIES
1.1. This Agreement is concluded between Yakups Tekstil Turizm Sanayi ve Ticaret Limited Şirketi (yakupstore.com), whose headquarters is located at "Oruçreis Mahallesi Vadi Caddesi Giyimkent B70 Blok No:64 Esenler / İSTANBUL", and ................................................................................... ("Seller"), whose registered office is at ....................................................................
1.2. In this Agreement, yakupstore.com and the Seller shall be referred to separately as "Party" and collectively as "Parties".
2. PURPOSE AND SCOPE OF THE AGREEMENT
2.1. The e-commerce platform yakupstore.com operates mobile applications and a mobile website that brings together manufacturers and sellers located in Turkey with consumer companies and buyers located in Romania, with the aim of facilitating virtual shopping, accelerating business processes, increasing efficiency, and saving financial resources. yakupstore.com is not a seller of any product or service on the site and is an intermediary service provider in accordance with the Law on Regulation of Electronic Commerce No. 6563.
2.2. According to this agreement, members located in Turkey wish to sell through the virtual store they will establish on the e-commerce platform yakupstore.com managed by Yakups Tekstil Turizm Sanayi ve Ticaret Limited Şirketi, and yakupstore.com also wishes its members to benefit from the platform's services in exchange for a commission.
2.3. The purpose of this agreement is to determine the conditions under which the Seller will benefit from the services offered on the yakupstore.com platform website and to determine the rights and obligations of the parties in this regard.
2.4. This Agreement is valid only between the Parties and covers the form and conditions of the services provided by yakupstore.com to the Seller. The relationship between the Seller and the buyer is outside the scope of this Agreement; yakupstore.com only grants the Seller the right to open a virtual store and publish advertisements in the area of this store. The Seller is directly responsible to the Buyers for the sales transactions in the virtual store, in accordance with the laws of the Republic of Turkey and other relevant regulations.
3. DEFINITIONS
Seller: Refers to the legal/natural person member who registers on the yakupstore.com e-commerce platform within the scope of this agreement and offers various products and/or services for sale through advertisements published on their account.
Buyer: Refers to the member who is subject to a membership agreement with yakupstore.com and purchases products and/or services offered by the seller through advertisements on the website.
User: Refers to all members accessing the website.
Service: Refers to advertisements, publications, and similar applications offered for free or for a fee on the Yakupstore.com site for buyers and sellers to conduct their activities and publish their products/services.
Virtual Store: Refers to the virtual space allocated to sellers on the website by Yakupstore.com, according to the platform's procedures and rules, where they can publish advertisements consisting of content and visuals.
Seller Office: Refers to the seller's private virtual page, accessible only with a username and password, where they can manage the services offered by yakupstore.com, enter company/personal data, and track the details of sales transactions.
Website: Refers to the internet site, mobile applications, and mobile website owned and operated by Yakups Tekstil Turizm Sanayi ve Ticaret Limited Şirketi, with the domain name yakupstore.com.
MISCELLANEOUS PROVISIONS
Agreement on Evidence: The Seller accepts that in disputes arising from this Agreement, the electronic archive records, electronic information, and computer records kept in the yakupstore.com database and servers, as well as the official registers and commercial records of the parties, shall constitute mandatory, conclusive, and exclusive evidence in accordance with Article 193 of the Civil Procedure Law No. 6100.
Relationship Between Parties: No provision in this Agreement shall be construed as establishing an agency, dealership, distribution, partnership, or joint venture relationship between the Parties or their successors.
Entire Agreement: The annexes to this agreement are an integral part of the agreement. This agreement constitutes the entire agreement between the parties and supersedes all prior drafts, agreements, and oral or written understandings relating to its subject matter.
Severability: If a provision is declared invalid or unenforceable by a court or competent authority, the remainder of the agreement shall remain in force.
Assignment of Agreement: The Seller may not assign its rights or obligations without the prior written consent of yakupstore.com.
Waiver: The failure of a party to exercise a right does not mean that it waives that right in the future.
4. RIGHTS AND OBLIGATIONS OF THE SELLER
4.1. To obtain the status of "Seller", all documents must be submitted completely at the time of electronic approval and upload of the contract to the Seller Office. yakupstore.com reserves the right to reject the application or request additional documents without stating any reason. The Seller is responsible for any damages arising from providing incorrect information. The authorized persons specified in the form are considered the legal representatives of the seller with respect to yakupstore.com. 4.2. The Seller is obliged to notify yakupstore.com of any changes in the information or documents provided within a maximum of 15 (fifteen) days. 4.3. The security of the username and password is entirely the responsibility of the Seller; only the Seller is responsible for all transactions carried out through their profile. 4.4. The Seller agrees to fully cooperate with yakupstore.com in creating the technical infrastructure necessary for the publication of advertisements and announcements. 4.5. The Seller is obliged to take all technical and administrative measures in accordance with the Law on the Protection of Personal Data (GDPR/KVKK) to prevent unauthorized data access. The Seller is directly responsible for the legality and accuracy of the published content and undertakes not to use the site to create unauthorized databases or access the data of other members. Violation of this article will lead to the application of article 7.5. 4.6. The Seller remains the owner of its content, but grants yakupstore.com the right to use this content for advertising and digital marketing purposes, unlimited in time and space. 4.7. The Seller shall not encourage Buyers to shop outside the platform and shall reject such offers. Furthermore, it shall not manipulate campaigns and discounts offered by yakupstore.com. 4.8. yakupstore.com may provide photo studio services for the professional presentation of products. The use of these is in accordance with the procedures determined by the platform or the studio. 4.9. The Seller accepts yakupstore.com's payment system. After the purchase, the product price is transferred to yakupstore.com's joint account. After the Seller delivers the product and the buyer approves the order, the payment is transferred from the joint account to the Seller's account.
5. RIGHTS AND OBLIGATIONS OF YAKUPSTORE.COM
5.1. yakupstore.com may use the information provided by the seller for the operation of services, statistical evaluations, marketing and advertising activities of its partners, and may share it with third parties for these limited purposes. The Seller hereby consents to this. 5.2. As an intermediary service provider, yakupstore.com is not obliged to verify the content published by the seller. However, it reserves the right to check, block, or delete any content (including messages) if it suspects illegal activities or in order to implement court decisions. 5.3. yakupstore.com reserves the right to immediately remove any content that violates the law, without the seller having the right to claim compensation.
6. FINANCIAL ASPECTS
6.1. The Seller has the right to collect amounts arising from sales only if it fulfills its contractual obligations correctly and completely. 6.2. The Seller is obliged to issue an invoice or tax receipt for the products sold in accordance with tax legislation (Tax Procedure Law and VAT Law). 6.3. In accordance with Article 7.5, yakupstore.com may directly compensate any damage, loss, or expense caused by the Seller from its current account or collect it directly from the Seller.
7. DURATION, TERMINATION, AND INDEMNITIES
7.1. This agreement enters into force upon electronic approval and is valid indefinitely. 7.2. The Parties may terminate the agreement at any time by written notice, without giving any reason or paying compensation. In case of termination, the Seller remains responsible for completing ongoing sales and paying due commissions. 7.3. The agreement automatically terminates in case of the Seller's bankruptcy, application for postponement of bankruptcy, insolvency, settlement with creditors, appointment of a judicial administrator, or liquidation. 7.4. In case of breach of the agreement, yakupstore.com may temporarily suspend services, without exempting the seller from liability to buyers. 7.5. The Seller is obliged to immediately compensate yakupstore.com for any legal, administrative, or criminal damages arising from the breach of the agreement or store rules, without the need for a prior court decision. 7.6. In case of legal proceedings (lawsuits, complaints, investigations) or requests for documents from authorities (ministries, police, banks), the Seller shall immediately provide all necessary information to yakupstore.com. In case of suspicion of fraud, counterfeit products, or confiscation, yakupstore.com may block the Seller's balance for a period of 120 (one hundred twenty) days.
8. AMENDMENTS TO THE AGREEMENT AND NOTIFICATIONS
8.1. yakupstore.com reserves the right to unilaterally change the terms of the agreement at any time it deems necessary, including converting free services into paid services. 8.2. Changes will be notified via email, announcements in the Seller Office, or by publication on the website. Amended provisions are valid from the date of publication. 8.3. yakupstore.com is not obliged to notify of changes introduced by legislation that arise after the signing of the agreement. Technical details, campaigns, and product display periods may be changed without prior notice. 8.4. The Seller is obliged to follow the campaigns and discounts announced on the website and to implement them correctly in managing buyer requests. 8.5. Communication will be made via email or registered mail. Emails sent to the registered address are considered written communication. Any change of address must be notified in writing; otherwise, notifications made to the old address are deemed valid. 8.6. Article 8.5 also applies to termination or default notices.
9. CONFIDENTIALITY
9.1. All commercial, financial information, patents, know-how, trademarks, and customer data shared between the Parties are considered "Confidential Information" and must be kept confidential during the term of the agreement and for 3 (three) years after its termination. 9.2. The Parties shall not share this information with third parties without written permission, except for legal requests. yakupstore.com may share data necessary for the exercise of legal rights among users in case of dispute.
10. INTELLECTUAL PROPERTY RIGHTS
10.1. The brand, logo, design, software, and domain name of yakupstore.com belong to Yakups Tekstil Turizm Sanayi ve Ticaret Limited Şirketi. The Seller may not use or reproduce them without authorization. 10.2. The Seller guarantees that it will not infringe the intellectual property rights of yakupstore.com or third parties. Violation of this article will result in termination according to Article 7.5. 10.3. In cases of complaints regarding intellectual property, yakupstore.com may contact the seller for the removal of content and transmit its data to the complainant for mediation, without acting as a judicial authority.
11. FORCE MAJEURE
11.1. Riots, embargoes, war, strikes, cyber-attacks, internet outages, natural disasters (floods, earthquakes, epidemics) or any unforeseen event beyond the control of the parties are considered "Force Majeure". The affected party must immediately notify the other party with detailed information and evidence.11.2. During a force majeure period, obligations are suspended without this being considered a breach of contract, and the performance period is extended accordingly.
12. GOVERNING LAW AND DISPUTE RESOLUTION
12.1. This agreement is exclusively subject to the laws of the Republic of Turkey. 12.2. In case of any dispute arising from this agreement, the exclusive competent courts are the Istanbul Courts and Enforcement Offices.
This agreement, consisting of 12 (twelve) articles, entered into force upon the reading of each article by the parties and its electronic approval by the Seller.
