The User Charter of Buy4impact
The User Charter of Buy4impact, Electronic Marketing Company
Issued on 25/12/2014
Introduction of the agreement:
- Article (1) of the agreement :
User Agreement of the e-market " Buy4impact " in the chapter of "Charter" contains the conditions, the rules and provisions of the services provided on the site:
The policy of the site, the foundations and rules as a whole are considered as an extension of this contract and part and parcel of it .
This contract is concluded between you and Buy4impact company for Idustry, Commerce, Technology and Information, Namaa Company for Information Technology,
located in the following address:
İncili Pınar Mah Nail Bilen Cad 525 Şehitkamil / Gaziantep
With the initiation of using of our services the user is considered that he agrees to the terms and provisions of the agreement
- Article (2) of the agreement :
After entering the personal data required, an e- mail is sent by the company to confirm the membership, after the confirmation, the application of the membership subscription becomes ready. The present agreement shall apply to all users and it will be put into practice after completing the Membership Registration for the new users but as for the present users the membership registration will be after approving the subscription application.
- Article ( 3 ) of the agreement : what the agreement comprises
The site Buy4impact avails you with a virtual market for purchasing and selling products and services without Buy4impact being the owner of these products and secrecies that are in the lists, and the company Namaa will not be responsible for the truth, quality and the safety of the products and services, and it does not give any statement, promise or guarantee whether these products are legitimate or not.
- Article ( 4 ) of the agreement : Services
Services provided by by4 Impact briefly :
a- This virtual market provides seller party a display window to display the products and the services, and the seller fills in the service content and the product himself; and this market provides the buyer party a source full of varieties products and services as well as services to apply for getting these services and products.
B – Both parties The seller and the buyer can benefit from the site structure by direct communion regarding the evaluation of product and services and pricing as well as the terms of repayment. They can access an agreement to give a commercial offer .
2. The system completely safe of risks:
( A) Namaa protects the two interacting parties without its being a party in any transaction, it provides a risk - free mechanism in the payment stage in the buying and selling and it protects the seller of the potentiality of not getting the remuneration of the product he sold and on the other hand, it protects the buyer of the risk of not receiving the item in the specifications and conditions required in exchange of the remuneration paid by him .
( B ) Namaa maintains, within Framework "System completely safe of risks" mechanism the commitments to the rules of this mechanism in the accounts, managed and entrusted by it, recorded in the database of its properly operated by it as stated in the contract and the annex below.
( C ) "System completely safe of risks" mechanism is run as follows :
1. Namaa transfers the money paid by the buyer after lodging the application for purchasing an item or service and it transfers the money into PayU, which will be a third party that will inform the seller that the amount was deposited in a secure account.
2. After the buyer pays the amount to the secure account, and that goes according to the order of the displacement and then the item or the service is sent to the buyer 's address with view to the required time to deliver the package. These information introduced by sender entitle him to enter to the system for reconsideration , and after the delivery of the service or item to the buyer, the buyer checks the item or service according to terms and conditions that he request and if they are identical he confirms the transference of the amount to the account of the seller on the page of buy4impact on the internet .
3. If the seller does not perform the service delivery or item or if it is proved by the buyer that the product or service is not compatible with the specifications , or if the buyer abstained from buying the item or service buy4impact will return the deposited amount to the account of the buyer .
4. If the buyer did not advise buy4 Impact after three working days and 24 hours of his desire to have the amount refunded or his approval upon the item or service, after registering the information of the seller’s item. In such a case, the sum of money will be transferred to the account of the seller. For this reason after three working days as from the request, a reminding email is sent to the account of the buyer by buy4impact s. if there were no response by the buyer by a complaint to the email of the money will be transferred to the seller 's account.
5. buy4 Impact has the right to block I the accruals of the dues of the item or service provided in the trustee account in case the two parties (buyer and seller) signed in a dispute, and till these two parties can resolve the dispute or till the issuance of a decision by judge or a court jury in this regard, buy4 Impact will preserve the amount in the Trustee account.
D – The users of buy4 Impact are considered liable for any commitments, official fees, taxes, other expenditure and the like concerning the purchase of the steps of purchase incurred upon the users due to their interaction with the services of buy4 Impact or the mechanism of "System completely safe of risks" and also they are responsible for any commitments regarding the fees of the imported items , their taxes, or the violations or the like of definitions .
E- The methods such as "System completely safe of risks" and " Evaluation of an item as in Auction" are not applied in the transactions under the purchasing contract, which identified by buy4 Impact for the real estates, cars, motorcycles or other classifications .
3. buy4 Impact Undertaker of mediation service .
Within the law of Consumer Protection No. 6502 , and the law of e - commerce system No. 6563 and in this context relating to the provision of mediation to arrange for a remote contract as a broker such as buy4 Impact or as a provider of this service, it is not considered responsible or liable to check the content of goods provided by the parties and it is not responsible for verifying the existence of such a thing regarding the items or the services provided either.
is the representative of the seller in the mechanism of "System completely safe of risks" as explained and mentioned in this contract. This mechanism has to do with the collecting the money paid or sent by the buyer to the seller’s account exclusively in return for the service or item provided to him.
The buyer is responsible for paying the amount of a commodity or service provided by a representative of the seller company buy4 Impact company within the scope of sale and purchase contract In the case of the cancellation of the authorization of the representative by the seller party as mentioned above, buy4 Impact company has the right to terminate the User Agreement and cancel membership of the seller .
With The use of services of buy4 Impact company through accessing the site of the company any work of those mentioned below that the user might perform is considered as an act contrary to the contract explicitly.
classification of an item, service and contents wrongly.
breach of the rights of a third party, contract or its annexes, law violations .
Display fake goods for sale or a breach of copyright, trademark , or idea or industrial property rights belonging to a third party.
Follow - up to taking advantage of services of buy4 Impact company despite your being ineligible to conduct a righteous procedure (under age of 18) or in the event of the refusal of your right to obtain membership.
5-failure to deliver the commodity that was bought or not making payment for the service or item that has been Purchased .
6. price manipulation or interference in the lists of other users.
7. Registration and entry of insufficient, misleading , or wrong content .
8. transfer the account ownership and the name prior to the written consent of buy4 Impact company.
9. Sending a serial or collective unwanted or spasm email serially
10. Sending a harmful virus infection harmful to buy4 Impact company or one of its users , and spreading it .
11. Damaging the system or infrastructure of the company through a conduct that harms the evaluation system and the profile of the user .
- To enter the site using access methods as a robot or automatically for any purpose.
13. Collecting and hiding the e - mail address or personal information of users without preliminary written consent.
14. Any attempt to resell any design, text or image or even an encryption language, HTML, or otherwise of the like or quoting any idea or industrial property and sharing, distributing or copying it in manifolds or derive anything out of them.
15. Trying to deployment a trademark of a user or any of his commercial stores terms similar to the name of buy4 Impact company and its address or naming one of the users or one of his stores in a name, constitutes a bypass of the right of the ownership of a trademark of a third party.
In case of registering the membership as a lawful entity, you have to confirm your work in a linked way and on behalf of this entity and to ensure that. Otherwise, you will be personally responsible for any financial obligation issued as the result of your acceptance to any outcome.
As a party of this contract the user approves the existence of buy4 Impact company as a broker that follows up all types of communications among the users regarding the content of this communication and activating it and registering all that might be related to it, and to preserve it for three year in accordance with the law in effect and to hide this contend and to deliver it to the authorities in concern in accordance with the framework of the law.
16. Trying to manipulate or perform any behavior contrary to the rules of selling up to achieve financial transfer only and trying to recruit the site work for this purpose, by the the membership pertaining to the user or the other memberships or among the members well known by the users .
- Subject ( 6 ) Of the agreement : terms of sale:
Users agrees to the terms "sale rules for users in the capacity as sellers" when the item or service is enlisted and the users agree on act fitting the conditions listed below.
1-approve the delivery of service and commodity according to the specifications in the site without any defect.
2. Users agree to adopt the modifications concerning the remote sale law with regard to the protection of the consumer and also agree that the user is a direct addressee with the buyer regarding the rights of the consumer and undertakings towards him, in addition to the approval of the execution of applications and to compensate the buyer for the damages and malfunctions , if any. according to the law of consumer rights, the user will act in a way that fit the developments that will occur on the site and the rules therein.
3. In place of the seller, it is approved that .
A- the user is a person authorized to put the commodity or service in the list and offer if for sale and that he is the owner of these goods and he has the right to offer for sale.
( B ) the display of goods and services, or selling or importing them according to the law and there is no objection to prorogate them in the site or the e-market (online) and offer them for sale or sell them and he admits that they are genuine not being altered or corrupted.
( C ) the person authorized to use the brand and logo and content of goods and services and he has the authority to grant the certificate and that as stated in the agreement.
( D ) The user agrees to Grant Free and inclusive license to Namaa company, concerning the contents of the services and commodities provided, tariffs, price quotations, technical specifications, images, logos and brands of them and all regarding the contents and the law of ideas and works of art in the simulation and suggestion, publishing and doubling numbers and laws sought for these actions
in addition to the methods of publishing online and radio, television and satellite receivers and across institutions that broadcast wired or wirelessly and communicate via digital media and all the means that help in the transfer of the image, audio and signal, and broadcast to all the people and re - publish and present them and put it in reach of the third person and through the digital environment and online or via smart devices applications or a variety of ways mobile means , user agrees to give the right of license throughout the duration of this contract , and agrees to apply that as publicly known through the date of the contract or after the date of it including the ways and means of advanced technology to deliver it to all people and and all that is relevant to displaying them inside and outside the country , or anywhere without specifying a limit to the quantity or content.
e - All papers and documents of the services and products were attached such as a guarantee and the bill and all the customary obligations and taxes were paid off.
( F ) acceptance to act in line with the law and accept all amendments to the current law, which will be applied in the future in relation to taxes of export and import and the right of the consumer and the e-commerce, competition and advertising and the rights and the right of idea and Industry
4. agree to act in accordance with the rules specified by Namaa company as for the Sales subject to the method of evaluation of a commodity as in auction.
5. Approval to apply whatever needed to apply in Namaa concerning the Actions And executions In the event of breach of the provisions and the articles of this contract and bearing all consequences.
6. Approval to bear responsible for any activity performed by a third party (seller) in the event of your vesting him as a seller by using user name and approval to to be bound to bear the responsibility of any activity performed on the site with acceptance of that both parties bear the consequences.
- Article ( 7 ) of the agreement : putting a service or commodity on the list of sales:
Agree to the commitment to rules mentioned in the annex, related to the introduction of the goods or services in the list.
1. Approval to bear the responsibility for the commodity displayed in the list with taking into consideration the goods subject to the legal restrictions during the display and that the contents are compatible to the new laws and suitable for the restrictions set at displaying them in the list of offered for sale.
2. not to put goods and services classified in the goods list as banned, which are prohibited to sell according to the legal amendments or those that will be banned shortly according to the issuance of an expected law amendment.
- Article ( 8 ) Of the agreement : the cost:
The cost situation has been clarified in the list of sales in the "rules relating to the seller" section and Namaa company intends sometimes deliberately to change cost policy and prices relating to the use of the list of ‘offered for sale’ through circulars and massage sent before 30 days , and the user has the right to abolish his membership without paying any compensations or fines .
- Article ( 9 ) of the agreement : Terms of purchase:
We will Agree to this article , following the approval of what is mentioned in the "rules relating to the buyer" section when you do any purchase.
- Article ( 10 ) Of the Agreement : Ownership of the idea:
All Website designs and images including content even the programming language
HTML and otherwise of the trademark, and logo supplied by the two companies Namaa and the site of buy4 Impact company and owned by Namaa and buy4impact
The users are not entitled to transgress the artwork right and the property of the idea, assigned to the two companies: Namaa company and the site of buy4impact t or share, distribute, display them or multiply their number or the like.
- Article ( 11 ) of the Agreement : rights of Namaa company :
1. The user agrees to provide all information and documents that benefit the Namaa company send them in the shortest time possible in the event of the accountability of the company or directing any legal call to it, rr considering it responsible at displaying any commodity or service or act, as user, in any activity via the site that caused such inconvenience.
2. Namaa has always the right to ban the entering of a third person, omit, or abolish an option adopted by it with regard to the services and commodities displayed in the list and their contents. Besides Namaa can use this right without previous warming and Namaa company will not be committed to pay any remunerations to the seller as the result of its abolition of the content.
3. Namaa company has the right to abolish or suspend the membership of any affiliate, seller, in case he is proved to be uncommitted to the provision of the agreement or the rules stated in the site and in case some banned commodities or services, according to the contract, were displayed or goods banned under law and the law related to their being banned , and the company retains its right in case someone claims that Namaa company makes use or a trademark or an idea or it penetrated the ownership of an idea or industry. Verification will be done by endorsing a verification request to the program of the right of property protection . In accordance with the result of the verification of the program of the right of the property protection, Namaa company retains its right in abolishing or suspending the right of the users in propagating their goods and services or cancel their membership.
4. The users agree that Namaa company starts to transfer directly the amount of money assigned for the commodity or service in case of the passing of 15 days as from the entering the information of freight by the seller to the site and not massage of returning or approval by the buyer were detected or the seller did not sent a request regarding a reminding massage acknowledging the approval.
- Article ( 12 ) of the Agreement : Termination of a contract:
Either party of this contract has the right to terminate this contract or any of its annexes as a sole party and that permanently applicable and in such a case the parties of the contract undertake to indemnify for all the debt and right reciprocally till the date of the termination of the contract and in case Namaa company terminated this contract from its right, it will not be liable for any indemnifications .
Namaa company is entitled to terminate the contract and abolish the membership from its part directly and in case the contract or any of its annexes were breached by the user, and the user agrees to be liable for all damages and harms exposed or that will be exposed to Namaa company.
- Article ( 13 ) of the Agreement : Responsibilities :
The user agrees to bear the responsibility for any activity incompatible with what is mentioned in the contract or to any trademark, motto, or content to be used by the user, or the services and commodity that were propagated and the identifying and propagating campaigns and the ads that are not compatible to the contract.
Namaa company has the right in case one of the users of the site including the supervisor and controllers to any situation as result of lawful modifications or illegal operations which the user experienced during the use of the site buy4impact, and he was exposed to moral or financial damages directly or indirectly and accordingly he was obliged to pay for (court and attorney 's fees), the fees, administrative contraventions, and compensation. Namaa company to collect its dues without restoring any legal reference that pay it in cash and that will be after 7 days from the circulated note by the company to all branches by written request for one irrevocable payment, and Namaa company has the right to block this sum of money in the trustee account of the user.
In accordance with the responsibilities mention in this contract, Namaa company, regardless o the action done on purpose, and excessive negligence in the structure of this contract, Namaa company has the right to collect only the totals of the commissions and payments which it collected from the user in case of harm since date of its occurrence .
Article ( 14 ) of the Agreement : General :
1. None of the parties will be responsible to fulfill the provisions of this contract if the reason were compelling or due to majeure force such as public uprising, wars, governmental and administrative constraint and decisions , sanctions imposed by the government or authority, low speed of internet or its disconnection, natural disasters , storms, fires, accidents and sabotage or bombings or terrorist attacks or lack of items or supplies and protests are all considered as reasons of the majeure force.
the parties within the framework of this contract cannot convert the responsibilities and the commitments, and rights emerged from this contract to the third person with the exception undertaken by the company for a group of its respective companies.
All notifications and ads through the internet will be sent to your email or your normal mail when the user changes his address your e - mail or post your address. When the user changes his address , he should advise the company formally and in writing and to update it through the site too, otherwise the notifications sent to his previous address are considered valid and formal.
The users will consider something probable on getting the services, offers and campaign of the site of buy4impact immediately after creating the membership, and the user will consider likelier, on receiving these massages, the manner of interacting with him by phone call , contact center, automated e-mail or SMS or questioners that buy4impact offer for the users. The user agrees and undertakes the validity of the communication means of the company in addition to the approval on the application of the mobile and the affiliated sites, and he also declares that. The users can, after completing the registration, membership and through notices in the page ,choose to approve the receipt of messages or they change their methods of receiving commercial messages permanently and for gratis .
The user undertakes on the approval to the contract to use the provisions of the company's policy appropriately, including these provisions as information about users and other personal data, and the like and undertakes to inform the third party of that.
Namaa has the right to modify this contract or through e-mail messages in the user page or via the updated materials on the site:
to sent them through this site
7. Namaa can change the rules and policies from time to time and these changes are applied after the date of publication on the site.
8. Any dispute that might be resulted during the application of this contract, the Turkish law will be considered the reference to resolve this dispute and caglayan court and districts will be the legal reference in case there is any discrepancy among the Parties during the application of this contract.
9- The Parties in the contract agree on the grounds every day registration books and computer data, faxes and emails are considered as valuable means related to all parties and form clues in case of dispute.
10. In the event a decree by a court or official authority indicating the invalidity of any of the articles of this contract wholly or partially and they are inapplicable , that will not abolish the validity of the rest of the articles of the contract and the remaining section of the legally targeted judgment.
11. Namaa will not waive its right if it did not use it or it late in using it.
12. This contract is not considered as a component of a representation contract or partnership contract, or any type of starting a Partnership among the parties.
13. The seller and buyer in buy4impact and Namaa company cannot consider that these two companies are responsible and obliged to check the content of the commodities presented by the parties and that the companies are not responsible for anything contrary to the law due to the service and the commodity presented and they are not responsible for the existence of anything alike related to the goods and services presented either, and that will be within the law of consumer protection and as an intermediary undertaker in the capacity of the provider of this service law And within the law of amending the e-commerce and as a remote mediator in the agreement.
Article ( 15 ) of the Agreement : Annexes:
The users pledge to consider the rules and policies issued in the site as an annex to this contract and part and parcel of it and agree on the rules described below after reading and being aware of .