Membership / Terms of Use Agreement

MEMBERSHIP AGREEMENT

About Membership

To become a member of our store, simply go to our Member Transactions page and complete the relevant sections. It is very important that you enter your member information accurately and completely to avoid potential communication and delivery issues. Please fill everything out carefully and in full so that products and services can be delivered quickly and properly.

Becoming a member is a very simple and fast process. Becoming a member does not mean that you have undertaken any obligation. However, before shopping, please read the Sales Agreement carefully.

You have the right to terminate your membership at any time.

Membership Cancellation

The member has the right to terminate their membership at any time. After you terminate your membership, all of your relationship with our site will be ended.

To terminate your membership, you must submit your request via our contact information page after logging in.

Membership Cannot Be Canceled in the Following Cases

 1 - If 60 days have not passed since the member's last order was finalized.

 2 - If a request to cancel membership was made using a different email address

 3 - If the member cannot be reached via their registered information

Membership Will Be Canceled by Us in the Following Cases

 1 - If the member sends immoral messages or posts comments

 2 - If they attempted fraud

 3 - If they attempted to harm the system or the name viccabotanica.com.

 4-  “Commercial purchases are not allowed; if it is determined that I have made purchases for commercial purposes, I accept that all legal and criminal proceedings will be initiated against me within the scope of the Unfair Competition provisions of the Turkish Commercial Code No. 6102 (Turkey), and I accept the cancellation of my order and membership.”  

Member Security

All measures have been taken in our store for member security. In addition to these measures, you are also responsible for the security of your member information. Do not share the information you use to log in to our store with anyone, and do not log into the system from computers you are not sure are secure.

When finalizing an order, each member has an address section where they can enter an address other than their own registered address.

The address section is intended for use when sending gifts to your friends, as well as for periods when you are staying at different addresses.

For example: during periods when you will be at different branches of the company you work for, or when you are staying at a summer house. Or if you want your invoice to be sent to you and your order to be delivered to a friend.    

Product Reviews

Each member can write reviews for products. The more you share your information and experiences with other users, the more enjoyable and informed shopping will be. Since customer reviews will be impartial and based on experience, a more informed shopping environment will be created.

Things to pay attention to when writing a product review: Within the framework of general moral rules, take care to write respectful comments toward other users and the manufacturer of the product. Reviews are reviewed, and any comments deemed inappropriate are deleted from the system.

WEBSITE MEMBERSHIP AGREEMENT

ARTICLE 1

This Membership Agreement (Agreement) has been executed between, on the one hand, ............................................. residing at ................................ (hereinafter to be referred to as ............................) and, on the other hand, ......................................................... residing at ......................................................... (hereinafter to be referred to as the “Member”) (either one or both may sometimes be referred to as a “Party” or collectively as the “Parties”).

ARTICLE 2

This Agreement has been prepared for the purpose of the Member's use of the website located at .................... created and operated by the Company, in accordance with the provisions of this Agreement. The Website is an electronic environment accessed via the Internet where members contracting with the Company may make announcements and invitations to contract in order to buy and sell goods through various tender methods and other procedures, may determine and disclose contract terms, and may reach agreement on mutually accepted terms. The purpose of the Website is solely to facilitate trade between merchants by creating an electronic marketplace environment. 

The procedures, rules, and instructions on the Website, and any changes the Company may make to them from time to time (hereinafter referred to as the "Site Rules"), constitute an integral part of this Agreement and shall be applied together with the provisions of this Agreement. The Member further declares, accepts, and undertakes to comply with the Site Rules and with any changes that may be made to them by the Company.

The relationship between the Parties consists solely of the Member's use of the Website, and there is no legal relationship between the Company and the Member beyond this. In this respect, there is no relationship between the Parties as buyer, seller, representative, agent, commercial broker, attorneyship, suretyship, guarantee, commission agency, sales representation, or any other legal relationship not stated herein. The Member's conducting transactions through the Website provided by the Company, establishing relationships with third parties, and engaging in trade through purchase, sale, or other means shall not create any legal relationship between the Parties arising from such transactions.

ARTICLE 3

The Member may begin using the Website after this Agreement enters into force pursuant to Article 13 below. The Member shall use the Website via the User Password and Authorization Code to be obtained as specified in the Site Rules.

ARTICLE 4

4.1 The Member declares and undertakes that they are legally authorized to sign this Agreement and to perform their obligations arising from the Agreement; that all information and documents provided to the Company are accurate and valid at the time they are provided; and that they will immediately notify the Company of any changes that occur and that will have an effect on this Agreement.

4.2 The Member declares, accepts, and undertakes that all information entered on the Website in their name will be accurate; that they will not enter false, misleading, or incomplete information; that they will not attempt transactions that are beyond their authority or that they do not have the capacity to perform ; that they will not make such offers or acceptances; and that in every transaction they conduct, they will act honestly, in good faith, cautiously, and as a prudent and diligent merchant; that they will respect the rights of the Company and other members; and that while using the system, they will not act in a way that prevents or makes it difficult for the system to operate.

4.3 The Member declares, accepts, and undertakes that they will not attempt to submit manipulative offers that disrupt market conditions and the likely purchase-sale transaction.

4.4 The Member represents, acknowledges, and undertakes that, by posting, publishing, or uploading a link, they will not: (a) commit any criminal act, obstruct the public, or violate any applicable law; (b) engage in any actions or use any software that interferes with the functioning of another person’s computer, such as a virus, corrupted file, Trojan horse, worm, cancelbot, or an attempt or software that prevents leaving the site by causing multiple windows to open, known as a “mouse trap”; (c) engage in any false, misleading, insulting, defamatory, slanderous, obscene, vulgar, or offensive conduct that infringes on any person’s right to privacy; or (d) infringe third parties’ worldwide copyrights, registered trademarks, patents, and other intellectual property rights.

4.5 The Member represents, acknowledges, and undertakes that they will not reveal the true identity of the anonymous buyer or seller through the Website or through other communication channels within or outside the site.

4.6 The Member represents, acknowledges, and undertakes that all offers and auctions are made for genuine sales or purchases; are not made to share pricing information or product information intelligence with other members for the purpose of setting or fixing prices; are not made to form an organized cartel; and will not violate antitrust or unfair competition laws in the place where the product is or can be sold.

4.7 The Member represents, acknowledges, and undertakes that every trade and transaction carried out through the Website will be conducted in compliance with Turkish laws, the laws of the country where the Member resides, the laws with jurisdiction of the country or countries where the trade is conducted or through which the goods are in transit, and the rules of all applicable legal systems.

4.8 The Member is obligated to prevent unauthorized persons from using the Username, User Password(s), and Authorization Code, or to prevent the persons they have authorized from using them beyond the scope of their authority, and to perform the necessary controls. On the Website, every transaction and every action carried out using the Member’s Username, User Password, or Authorization Code shall be deemed to have been performed by the Member and shall be binding on the Member. Each transaction, instruction, data entry, and any kind of electronic intervention made by the Member on the Website, or deemed to have been made by the Member, shall be considered a valid declaration of intent by the Member and shall give rise to the related legal consequences.

4.9 The Member represents, acknowledges, and undertakes that all taxes and expenses arising from this Agreement and from any transactions carried out by using the Website will be paid.

4.10 This Agreement does not grant the Member any legal right, other than the right to use the Website in accordance with the provisions of the Agreement, with respect to the Company’s or third parties’ intellectual property rights, the content of the Website, or any other matter. The Member represents, acknowledges, and undertakes not to infringe the intellectual property rights of the Company and other third parties; not to use, copy, or register these rights; and not to infringe these rights even indirectly.

4.11 The Member represents, acknowledges, and undertakes to keep confidential the information they obtain during the performance of this Agreement regarding the Company, the system, and other members included in the system, and not to use it for purposes other than those of this Agreement.

4.12 The Member may not assign, even in part, their rights and obligations arising from this Agreement to third parties without the Company’s explicit written consent.

ARTICLE 5

5.1 The Member represents, acknowledges, and undertakes to pay the fees to be calculated according to the pricing option they select among the options set forth in Article 13, in accordance with the payment terms set forth in Article 13. Prices are net and do not include VAT, withholding tax, etc.

5.2 The obligation to pay the fee shall arise as of the signing date of this Agreement. The prices set forth in Article 13 shall be valid for one year from the signing date of the Agreement. Prices will not be changed during this period. At the end of each one-year period, the fees payable by the Member will be redetermined by the parties. If the parties cannot reach an agreement on this matter, the Agreement shall be deemed terminated.

5.3 The Company may change the purpose of use, features, structure, functions, and content of the Website, provided that such changes do not conflict with the purpose for which the system was established, namely to conduct e-commerce. The Company cannot be held responsible for problems arising from technical reasons or from the actions and transactions of third parties, or for reasons of necessity. The Company may request additional information and documents from the Member and may, provided that it notifies the Member in advance, cancel the Website or suspend its operation. However, if the Company, at its own discretion, stops continuing the Website service, the Company will refund all fees collected after the service stoppage. The Member is obligated to pay the Company the fees earned by the Company until the service stoppage (membership dues, auction fee, token fee).

5.4 The Company may, in order to increase the number of members and make the electronic commerce system attractive or for marketing purposes, disclose the Member’s identity to third parties or state it on the Website, provided that the Company also obtains the Member’s consent. Other than this, the Company will not use the confidential information provided to it regarding the Member for purposes other than those of this Agreement, will not disclose it to third parties, and will keep such information confidential.

ARTICLE 6

6.1 All criminal and legal liability for the transactions carried out by the Member by using the Website within the scope of this Agreement belongs solely to the Member.

6.2 The Company only guarantees that, based on the information and documents presented to it, it is satisfied that the other members included in the system actually exist and, therefore, that these persons are not fictitious persons. The Company cannot be held responsible in any way due to the relationships between the Member and other members. The Company does not, in any way, guarantee that other members will enter into a contract with the Member; that they will act in good faith; that they have the ability to perform their obligations; the performance of their obligations; the accuracy of their statements; that they are authorized to transact; that the goods delivered will be free from defects; or other similar matters. The Company is entirely and definitively outside the legal relationships the Member may enter into and has no responsibility whatsoever regarding them. The Member represents, acknowledges, and undertakes that purchase and sale relationships may be entered into with other members in foreign countries and that, due to this special situation, the foreign country may have sanctions that could create unique difficulties that may prevent or make the agreement more difficult.

6.3 The Member represents, acknowledges, and undertakes that the Company has no responsibility or liability for any loss that may arise, including but not limited to any loss, damage, claim, or harm that may occur due to purchase and sale transactions completed or not completed by the Member on the Website, and due to: (a) technical problems experienced for reasons beyond the Company’s control; (b) the Internet backbone or similar infrastructure causing issues that prevent the Member from accessing the site; and (c) the Company temporarily or completely stopping the site’s functionality or making changes to its functionality.

6.4 The Member represents, acknowledges, and undertakes that the Company has no control over any ratings given to the Member by other Members, whether confidential or public, and that they do not hold the Company responsible for allegations of incompetence, defamation, or invasion of privacy that may arise due to negative ratings or opinions given by other members.

6.5 The Company may publish news, announcements, articles, and similar items on the Website that it deems useful, and may create links to other websites. The Company does not guarantee the accuracy, suitability for purpose, or correctness of the information and comments contained therein. The Member evaluates these under its own responsibility.

6.6 In addition to statutory notification methods, the Company may send to the Member, via electronic communication channels (e-mail, etc.), any notices, notifications, and warnings to be made to the Member under this Agreement. Notifications made in this manner produce all consequences of a valid notification.

ARTICLE 7

This Agreement is executed for an indefinite term. Each of the Parties has the right to terminate the agreement at any time by giving a written notice, without the need to set any period and without prior notice. However, until the moment the termination notice is received by the Company, the Company's receivables that have accrued shall be paid in full. No refunds will be made for membership fees paid in advance.

ARTICLE 8

The Member declares, accepts, and undertakes that it will hold harmless and indemnify the Company and its relevant institutions, employees, managers, shareholders, partners, members, or employees against any and all expenses, claims, losses, damages, and other liabilities, including reasonable attorney's fees, that may arise as a result of (a) the Member's breach of the terms of this Agreement; (b) the Member's use of the Website or other related features in connection therewith; (c) agreements entered into by the Member in which the Website is used; (d) purchase and sale transactions that the Member has completed or failed to complete; (e) the Member's infringement of copyrights, registered trademarks, patents and other intellectual rights, privacy rights, or the worldwide rights of third parties.

ARTICLE 9

The Member releases the Company, the Company's relevant institutions, managers, directors, shareholders, partners, members, or employees from any and all disputes and claims, known or unknown, suspected or unsuspected, that may arise between the Member's relevant institutions, managers, directors, shareholders, partners, members, or employees and other members.

ARTICLE 10

After obtaining the Member's approval and without prejudice to any right of the Member, the Company reserves the right to express, disseminate, reproduce, publish, broadcast visually, and create derivative works from the information that the Member voluntarily provides to the Company, for general purposes, worldwide, irrevocably, royalty-free, and with the right to sublicense to multiple parties.

ARTICLE 11

Articles 8, 9, 10 and this Article 11 shall remain valid after the termination of the agreement between the Company and the Member for any reason.

ARTICLE 12

This agreement is subject to Turkish Law (Turkey). In disputes arising from this agreement between the Parties, the Istanbul courts and enforcement offices are authorized. In such disputes, the Company's books and records and computer printouts shall constitute conclusive evidence.

ARTICLE 13

13.1 The membership packages below: members who will use the Site as a "Buyer" may only use the rights granted to them by the membership package they select below, as specified below.

To determine the membership status and package suitable for your company and to learn the access rights and membership fees of the relevant packages, please fill out the membership application form on the viccabotanica.com website or contact Customer Service.

.....................Customer Service

Tel:

Email:

13.2 Other explanations regarding membership packages

13.2.1 The Member may upgrade to an upper package at any time by paying the difference in annual dues.

13.2.2 Payments may be made in TRY. For TRY payments, the daily foreign exchange buying rate announced by the Central Bank on the Agreement date shall apply.

13.2.3 The annual dues shall be paid as specified below.

Together with the start of membership, the annual dues amount is invoiced in advance and payment is made within 15 days from the invoice date. If payment is not made within this period, the member's site access right is suspended until payment is made. The Company reserves the right to request exchange rate differences and/or late payment charges for overdue payments.

13.2.4 The fees stated herein are valid for the existing services offered on the Site on the date this agreement is signed and specified in Article 13.1. The Company reserves the right to price and charge separately for new services it will add to the Site.

ARTICLE 14

This Agreement consists of a total of 14 articles and shall enter into force upon being signed by the Parties.

Date: ......./......../........

COMPANY MEMBER

Stamp Full Name

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