1. PARTIES
This User Agreement (hereinafter referred to as the “AGREEMENT”) has been made between all private and legal entities and institutions (hereinafter referred to as USER or USER) operating at the https://iaafonline.com/ (hereinafter referred to as the “WEBSITE”) internet address operated by DEMOS ENDÜSTRİ FUARCILIK A.Ş. (hereinafter referred to as the “COMPANY”) and the COMPANY during the Membership registration phase. USERS accept and undertake in advance that they accept and approve all the provisions of this AGREEMENT by becoming a User of the WEBSITE.
2. ESTABLISHMENT OF THE CONTRACT
a. USER ACCEPT THAT HE HAS READ THE AGREEMENT, UNDERSTAND IT AND IS AWARE OF HIS RIGHTS AND OBLIGATIONS.
b. THE PARTIES ACCEPT THAT THERE IS NO DISPROPORTION BETWEEN THE ACTIONS AGREED IN THE CONTRACT, THAT THE MUTUAL ACTIONS ARE SUITABLE FOR THE NATURE OF THE JOB, AND THAT THEY DO NOT HAVE ANY LACK OF EXPERIENCE WITH REGARDS TO THE TRANSACTIONS WITHIN THE SCOPE OF THE CONTRACT.
c. USER ACCEPT THAT HE HAS FULLY CONSIDERED THAT THE TRANSACTIONS CONTAINED WITHIN THE SCOPE OF THE AGREEMENT ARE IN HIS OWN INTEREST AND THAT HE WILL COMPLY WITH ALL THE CONDITIONS WITH HIS OWN FREE WILL, WITHOUT ANY DIFFICULTY OR TROUBLE, CONSIDERINGLY, WILLINGLY AND KNOWINGLY.
d. THE PARTIES AGREE THAT THE PROVISIONS OF THE AGREEMENT DO NOT CONSTITUTE AN UNFAIR TERMS AND THAT THERE IS NO INJUSTICE IN TERMS OF THE BALANCE OF INTERESTS.
e. THE PROVISIONS OF THIS AGREEMENT DO NOT INCLUDE ANY UNFAIR TERMS IN ACCORDANCE WITH THE PROVISIONS OF THE REGULATION ON UNFAIR TERMS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT CONSTITUTE A CONTRARY TO THE RULE OF HONESTY AND GOOD FAITH AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE CONSUMER PROTECTION LEGISLATION.
f. THE PROVISIONS OF THIS AGREEMENT HAVE BEEN PREPARED TAKING INTO ACCOUNT THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDING AND CONTENT CONTROL SET FORTH IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS HAVE BEEN CARRIED OUT BY THE USER. NONE OF THE PROVISIONS OF THIS AGREEMENT HAVE ANY NATURE THAT IS FOREIGN (CONFUSING TERMS) TO THE NATURE OF THIS AGREEMENT AND THE SPECIFICATIONS OF THE JOB. THE PROVISIONS OF THIS AGREEMENT HAVE BEEN WRITTEN IN A CLEAR AND UNDERSTANDABLE MANNER AND DO NOT EXPRESS MULTIPLE MEANINGS.
g. WITH THE ELECTRONIC APPROVAL OF THIS AGREEMENT, THE USERAGREES TO THE SENDING OF INFORMATION, ANNOUNCEMENT, PROMOTIONAL E-MAIL AND SHORT MESSAGES REGARDING INFORMATION OR PROMOTION TO HIS/HER MOBILE PHONE BY THE COMPANY TO HIS/HER REGISTERED ELECTRONIC MAIL ADDRESS AND TO THE PROCESSING, USE AND STORAGE OF HIS/HER PERSONAL INFORMATION BY THE COMPANY FOR THE PURPOSES SPECIFIED IN THIS AGREEMENT, INCLUDING THE COMPANY'S CURRENT AND FUTURE AFFILIATES, SUBSIDIARIES, PARTNERS, SUCCESSORS AND/OR THIRD PARTIES/OR ORGANIZATIONS TO BE DETERMINED BY THEM. IT GIVES APPROVAL TO THE PROCESSING, RECORDING, STORING, PRESERVATION, CLASSIFICATION, DISCLOSURE OR SENDING ABROAD FOR THESE PURPOSES TO THIRD PARTIES.
3. DEFINITIONS
Unless otherwise stated, the following expressions and/or abbreviations used in this AGREEMENT express the meanings and scopes defined for them here.
a. “WEBSITE” is a webWEBSITE that brings together buyers and sellers, consisting of the domain name https://iaafonline.com/ and the subnamesconnected to this domain name.
b. “AGREEMENT” This AGREEMENT form and its annexes.
c. “BUYER” is the person who may request to purchase the Art listed on the WEBSITE.
d. “USER/SELLER” means the person who has become a User of the WEBSITEby accepting this AGREEMENT and has the right to list Art for sale on the WEBSITE and has concluded a DISTANCE SALES AGREEMENT, GALLERY AGREEMENT or ARTİST OWNER AGREEMENT with the COMPANY, depending on their location.
e. “Art” are products and Art of art that are listed for sale on the WEBSITE and are the result of labor.
f. “Artist” means the person who owns the Art of art listed on the WEBSITEwithin the framework of intellectual property rights.
4. SUBJECT OF THE CONTRACT
This AGREEMENT made between the COMPANY and the USER regulates the rights and obligations of the parties in the relationship established between the COMPANY and the USER upon becoming a USER of the WEBSITE.
5. MEMBERSHİP CONDITIONS
In order to become a User of the WEBSITE, it is necessary to be of legal age, to provide complete and accurate identification information requested by the COMPANY, not to have been temporarily suspended from Membership or banned indefinitely from Membership by the COMPANY, and to approve the AGREEMENT on condition of becoming a User of the WEBSITE.
6. GENERAL DUTIES AND RESPONSIBILITIES OF USERS
a) The WEBSITE is subject to the Regulation on Market Places published in the Official Gazette dated 12.07.2012 and numbered 28351. Membership is gained by completing the Membership procedures on the WEBSITE. USERS irrevocably accept and undertake to act in accordance with all the terms and conditions of this AGREEMENT, the rules specified in the relevant parts of the WEBSITE and all applicable legislation while performing the Membership stages and benefiting from the services of the WEBSITE. Users may cancel their Membership at any time. In this case, the User notifies the Company of their request to cancel their Membership via the WEBSITE and ensures that the necessary procedures are carried out to delete their Membership. When these procedures are completed, the cancellation process is carried out. The cancellation of Membership will not have any effect on the rights and obligations arising from the contract until the date of cancellation of Membership and the provisions that must remain in force due to their nature even if the Agreement is terminated (compensation due to non-compliance, final provisions, etc.). The User's right to use the password received within the scope of Membership for the use of the WEBSITE belongs exclusively to the User. The User cannot give this password to any third party. All legal and criminal liability regarding the use of the password and the system access tools (username, etc.) used to benefit from the WEBSITE belongs to the User.
b) The COMPANY has the right to unilaterally change or modify the AGREEMENT, provided that it is announced on the WEBSITE ANNOUNCEMENT page 10 days in advance. It is the responsibility of the USERS to follow up on the changes to be madein the AGREEMENT articles. Continuing to use the WEBSITE after the changes to be made in these AGREEMENT articles means acceptance of the changes.
c) USERS irrevocably accept and undertake that the information and content provided by them within the WEBSITE are accurate and not against the law. The scope of this information is determined by the Company and may be changed and expanded if necessary. A person who does not want to provide this information cannot become a User of the WEBSITE . In order for the User's Membership to continue, he/she must provide the information in the expanded information list and update his/her information in case of any change. The User declares and undertakes that he/she will immediately compensate and compensate all damages that the Company may incur due to the inaccuracy of this information and/or due to the User's failure to update the information despite changes in the User's information. In addition, all responsibility for the Services not being performed correctly due to incorrect information provided by the User belongs to the User.
d) USERS accept and declare that the COMPANY is not a party to the transactions related to the purchase and sale of the Art they offer for sale on the WEBSITE, and that they are solely/exclusively responsible for all these transactions. USERS accept and declare that the COMPANY is not a party to the transactions related to the purchase and sale of the Art they offer for sale on the WEBSITE, and that they are solely/exclusively responsible for all these transactions. USERS cannot set exaggerated prices for the Art offered for sale on the WEBSITE in order to stand out or for various purposes, and the sales prices of the Art must be approved by the COMPANY.
e) The responsibility for the delivery of the work subject to an order collected by the USER belongs to the USER.
f) USERS irrevocably accept and undertake that they will not make any claims from the COMPANY due to the temporary or permanent inoperability of the WEBSITE.
g) USERS irrevocably accept and undertake to comply with all relevant laws, statutes and regulations currently in force, as well as this AGREEMENT, while exhibiting their Art, selling their Art, in short, while performing all transactions in the system described by this AGREEMENT, to pay any penalty that may otherwise occur, not to hold the COMPANY responsible for any reason and not to demand compensation .
h) In the event that USERS exhibit malicious or unlawful behavior in connection with the services provided on the WEBSITE, the Membership of the USERS may be temporarily or completely canceled without notice at the discretion of the COMPANY. In the event that the Membership is terminated by the COMPANY, USERS cannot benefit from the WEBSITE services.
i) USERS are required to present their correct identification information whenever requested by the COMPANY.
j) USERS are obliged to comply with the Personal Data Protection Law No. 6698. USERS accept, declare and undertake that the COMPANY is not responsible for the exchange of personal data between the USER and the BUYER, the BUYER's personal data recorded by the USER, the protection, storage and deletion/destruction of this data, and that the COMPANY has no liability.
k) USERS irrevocably accept and undertake to compensate for any damages that may arise from claims or demands of third parties (and that may occur against the COMPANY's employees) in case of non-compliance with this AGREEMENT or the documents contained in this AGREEMENT.
l) USER and COMPANY are legally independent parties. USERS accept and declare that there is no partnership or employee-employer relationship between them and the COMPANY.
m) Since the COMPANY has no direct or indirect connection with the transactions made on the WEBSITE, USERS irrevocably accept and declare not to hold the COMPANY, its representatives and employees responsible for any disputes that may arise as a result of the transactions made on the WEBSITE and any claims, demands and/or damages, known or unknown, suspected or doubtful, disclosed or undisclosed, that may arise from these disputes, not to claim compensation under any name or justification and to exempt themselves from any and all claims that may be directed to them by third parties and institutions by becoming a User of the WEBSITE and approving this AGREEMENT.
n) USERS irrevocably accept and undertake that if they sell a work for sale on the WEBSITE by hand or in another marketplace, they must immediately delete the product from the WEBSITE, otherwise they will compensate for any damages that may arise from claims or demands of third parties (and that may occur against the COMPANY's employees).
o) USERS cannot upload to the WEBSITE Art whose sale is prohibited by the Law on Medals and Decorations No. 2933, the Law on the Protection of Cultural and Natural Assets No. 2863 and all other relevant legislation. In case of uploading, they irrevocably accept and undertake to compensate for any damages that may arise from the claims or demands of any institution or third parties (and that may occur against the employees of the COMPANY).
p) The USER is responsible for all kinds of commitments and guarantees regarding the originality of the product, including but not limited to whether the Art offered for sale by USERS on the WEBSITE are defective, whether they are smuggled, whether they are fake, their quality, originality, uniqueness, and the accuracy of the explanations used in the promotion of the work. USERS irrevocably accept and undertake that the COMPANY has no obligation to give commitments and guarantees regarding all these issues. USERS irrevocably accept and undertake to compensate for any damages that may arise from claims or demands of third parties (and that may occur against the COMPANY's employees) due to all these reasons. The User accepts, declares and undertakes to comply with all legal legislation provisions and not to violate the said provisions while using the WEBSITE. Otherwise, all legal and criminal liability that may arise will belong entirely and exclusively to the User. The User may not use the WEBSITE in any way that disrupts public order, is against general morality, is disturbing and harassing others, is against the law, or infringes on the ideas and copyrights of others. In addition, the User may not engage in any activities or processes that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.), nor may the User engage in any activities that threaten the security of the WEBSITE or the software or prevent its operation.
q) Although the Company takes the necessary information security measures, it will not be held responsible for the unauthorized access of User information and data and any damage that may occur to User information and data.
r) The User cannot transfer the Membership profile created by him/her to a third party or allow a third party to use it. Users cannot transfer their rights and obligations arising from this Agreement without the Company's approval. The Company may transfer its rights and obligations arising from the Agreement to third parties.
s) Copyright and/or all kinds of intellectual property rights related to the general appearance, design and software of the WEBSITE and the text and visual content within the WEBSITE and all other content, brands, logos, know-how and other elements belong to the Company or are used by the Company under license. These cannot be used, acquired, modified, copied or reproduced by the User in any way without the written permission of the Company. The use and accessibility of the WEBSITE or its content by the User within the conditions provided by the Company does not grant the User any intellectual and industrial property rights and/or any right ownership or disposition Artistity.
t) Measures have been taken within the available means to ensure that the WEBSITE is free from viruses and similar software. In addition, in order to ensure ultimate security, the User must provide his/her own virus protection system and provide the necessary protection. In this context, by becoming a User of the WEBSITE, the Useraccepts that he/she is responsible for all errors that may occur in his/her own software and operating systems (including, but not limited to, spam, viruses, trojans) and their direct or indirect consequences.
u) The Company reserves the right to change the scope of the Services, the content, design and software of the WEBSITE at any time, to change, suspend or terminate any service provided to Users and to delete user information and data registered on the WEBSITE at any time.
v) The Company may update, change or repeal the terms of this Agreement at any time without any prior notice and/or warning in any form. Each updated, changed or repealed provision will be effective for the User on the date of publication.
w) The Company may send information and announcements to the User regarding service promotions, advertisements, campaigns, advantages, surveys and other customer satisfaction applications within the scope of the current and/or future applications. The personal information and/or consumer behavior information provided by the Userwhile becoming a User of the WEBSITE and/or through other means in the past and/or to be provided in the future may be collected for the above purposes, used and archived by the Company. Unless the User notifies otherwise, the User accepts and declares that he/she allows the collection, use and archive of data by the Company for the purposes set forth in this Agreement to the extent permitted by the relevant legislation, even when his/her Membership ends. The User accepts and declares that he/she will not make any claim for any damages due to the collection, sharing, use, archiving and access to the above-mentioned information and will not hold the Company responsible. If the User wishes to change his/her data sharing preferences, he/she shall submit this request to the Company in writing.
x) The User is responsible for providing the network access required to benefit from the Services. The User is aware that mobile network data may be used and messaging rates and fees may apply if the User accesses the WEBSITE from a device with wireless internet access or uses the Services. It is the User's responsibility to provide updates with the appropriate software and devices required to benefit from the Services and to keep the WEBSITE up to date. The Company does not guarantee that the Service or the WEBSITE it offers will work with a specific device or software. The User accepts that the Service and/or the WEBSITE may be subject to malfunctions and delays depending on internet use. The Company assumes no responsibility for the problems that the User may experience due to interruptions in WEBSITE access due to technical problems.
y) The liability exemption records written for the Company within the scope of this Agreement are also applicable to the Company's employees and partners.
z) Without the prior approval of the Company, the User is prohibited from providing a link to another WEBSITE, the content of a WEBSITE or any data on the network in any transaction made through the WEBSITE.
aa) The User declares and accepts that he/she has read and is informed about the basic features and preliminary information regarding the services on the WEBSITE and has given the necessary confirmation regarding these matters electronically.
ab) The Company prioritizes the security of Users who shop on the WEBSITE. Credit card information is not stored in the Company's systems in any way.
ac) The reliability of payment/invoice information for orders placed online by credit card is monitored by the Company against Credit Card Fraud. Therefore, it is necessary to confirm the accuracy of financial and address/telephone information. If necessary, the User who owns the credit card or the relevant bank is contacted to check this information.
ad) Only the User can access and change all the information you provide while becoming a User. If the User secures their login information, it is not possible for others to access and change information about the User. For this purpose, a minimum of 128 bitSSL security is used during Membership transactions. This system is an international encryption standard that cannot be broken.
7. GENERAL DUTIES AND RESPONSIBILITIES OF THE COMPANY
a) The COMPANY has the right to terminate this AGREEMENT unilaterally at any stage without any notice. USERS irrevocably accept and undertake that they will not claim any rights due to termination.
b) The COMPANY has no legal responsibility in any transaction between the BUYER and the USER.
c) The COMPANY does not provide any guarantee or warranty to the BUYERS. The COMPANY is not a party to the trade carried out/made through the WEBSITE under any circumstances. The accuracy or completeness of the written and/or visual explanations used in the promotion of the work exhibited by the USERS is not binding on the COMPANY. The COMPANY cannot be held responsible under any name or justification due to incomplete information under any circumstances. All responsibilities regarding the exhibited Art belong to the USERS. The COMPANY has no liability regarding the products exhibited by the USERS within the WEBSITE.
d) The COMPANY has the right to use all kinds of information (including photographs and visual content) regarding the products exhibited by the USERS on the WEBSITE, in social, visual, audio and printed media tools, advertisements and promotions, for the duration of their exhibition. The COMPANY is not obliged to pay any fees to the USERS due to this right of use.
e) The COMPANY is not responsible in any way for whether the antique products exhibited by the USERS on the WEBSITE comply with the legal regulations or are suitable for commercial purchase and sale. The COMPANY is not obliged to conduct research on the Art. All legal responsibilities belong to the USERS.
8. PERSONAL DATA AND COMMERCIAL ELECTRONIC MESSAGES
In accordance with the current legal legislation and within the scope of the Personal Data Protection Law, information is provided within the scope of this article regarding the collection, processing and type, degree and purpose of use of data obtained in connection with the use of the Company domain webWEBSITE belonging to the Company as the "Data Controller".
a) The WEBSITE is operated by the Company. The Company is the institution responsible for managing the personal data of the Users. The information within the scope of this article is provided within the scope of the "Personal Data Protection Law" numbered 6698.
b) We have taken technical and administrative measures to ensure that the confidentiality of the Company's employees and service providers is strictly observed while performing their duties and that the personal data of the Users is used for the purposes notified to them in the Agreement, in accordance with the provisions of the Personal Data Protection Law and the relevant legislation.
c) Processing of personal data is any operation performed on data, such as obtaining, recording, storing, preserving, changing, rearranging, disclosing, transferring, taking over, making available, classifying or preventing the use of personal data, either fully or partially by automatic means (cookies) or non-automatic means, provided that it is part of any data recording system .
d) The information obtained during the User's Membership to the WEBSITE and shopping may be recorded, stored in printed/magnetic archives, updated, shared, transferred, used and processed in other ways indefinitely or for a period of time to be determined by the Company, its current and future affiliates, subsidiaries, partners, successors and/or third parties/organizations to be determined by them for the provision of various services and all kinds of information, advertising-promotion, promotion, sales, marketing, credit card and Membershipapplications for electronic and other commercial-social communications. These data may also be forwarded to the relevant Authorities and Courts when required by law.
e) The personal data of the Users may be used with the consent of the Users so that the Company can provide better service to the Users on the WEBSITE, improve its services, and also, if you have given permission in this regard, in marketing activities, service offers, all kinds of information, advertising-promotion, promotion, sales, marketing, credit card and Membership applications, modeling, reporting, scoring, facilitating the use of the WEBSITE , and in development studies to be carried out by the Company or its affiliates regarding the interests and preferences of its users. The Company reserves the right to keep a record of the User's actions on the WEBSITE with cookies and similar methods. Personal information shared by the Company and the User will not be used for any other purpose and will not be shared with third parties. However, personal data will be shared with the authorized authorities in accordance with the decisions taken by the authorized authorities in accordance with the legal legislation in force. By approving this Agreement, the Users accept that their personal information will be used, stored, processed, transferred to third parties and abroad and shared with the authorized authorities in accordance with the legal legislation by the Company under these conditions.
f) If the Company's WEBSITE contains links to other WEBSITEs, depending on the nature of the situation, the Company has no influence on whether the operators of these WEBSITEs comply with the data protection provisions. The Company is not responsible for the content of the WEBSITEs to which it provides links (and the content of other WEBSITEs to which those WEBSITEs provide links) and does not adopt the content of the WEBSITEs to which it provides links.
g) According to Article 11 of the Law on the Protection of Personal Data No. 6698, the User has the right to apply to the Company and learn whether his/her personal data has been processed, to request information about the processing of his/her personal data if it has been processed, to learn the purpose of the processing of his/her personal data and whether it is used in accordance with its purpose, to know the third parties to whom his/her personal data has been transferred domestically or abroad, to request correction of his/her personal data if it is processed incompletely or incorrectly, to request deletion or destruction of his/her personal data, to request notification of these transactions to third parties to whom his/her personal data has been transferred in the event of correction, deletion or destruction of his/her personal data, to object to the emergence of a result against him/her by exclusively analyzing the processed data through automatic systems, and to request compensation for the damages incurred due to the unlawful processing of his/her personal data. Users are required to submit their applications for correction, blocking or deletion of their personal data or any questions regarding the protection of data directly to the Company in writing.
9. OTHER PROVISIONS
a) There is a fee to become a User of the WEBSITE. You can access information on Membership types and fees under the heading “Packages (Gallery 1, Gallery 2, Gallery 3, Gallery 4, Gallery 5 and Gallery 6)” in the “Membership Options” tab at https://iaafonline.com/. USERS are deemed to have accepted the “Distance Sales Agreement” when they purchase any of the packages.
b) Unless otherwise stated, all fees to be charged for services on the WEBSITE will be calculated and collected in Turkish Lira. USERS irrevocably accept to make other legal and financial payments such as BSMV, VAT, taxes, stamp duty, etc. that may arise from the trade and purchase they make on the WEBSITE, to the relevant institutions after the completion of the sale.
c) The stocks of original Art exhibited for sale on the WEBSITE are naturally non-existent, due to the work being "unique". If the Art on this WEBSITE are purchased by a third party from galleries or the owner of the work before the sale on this WEBSITE or at least at the same time, and the delivery of the work becomes impossible, the price received will be returned to the BUYER by the USER.
d) It is forbidden to attempt to sell, exhibit or sell Art whose copyrights belong to someone else and which have been proven through the WEBSITE by anyone other than the owner of the work. In case of detection, the exhibited work will be removedfrom the WEBSITE immediately. In such a case, the COMPANY is not responsible. USERS cannot violate the copyrights of third parties, legal entities or individuals.
e) Without the written permission of the right holders, the Art or products exhibited and purchased on the WEBSITE cannot be copied, reproduced or printed as posters, photographed and used as printed or visual material, or modified.
f) While benefiting from the services of the WEBSITE, USERS accept and declare to comply with the Turkish Penal Code, Turkish Commercial Code, Law on Intellectual and Artistic Art, Decree Laws and legal regulations regarding the Protection of Trademark and Patent Rights, the Code of Obligations, other relevant legislation provisions and all kinds of announcements and notifications that the COMPANY will publish regarding its services on the WEBSITE. All legal, penal and financial liabilities that may arise due to use contrary to these notifications and laws belong to USERS.
g) The COMPANY has no responsibility for pricing errors or material errors resulting from typesetting and system errors.
10. FORCE MAJEURE
Situations that do not exist and are not foreseen at the time the CONTRACT is signed, develop beyond the control of the parties, and make it impossible for one or both parties to partially or completely fulfill their obligations and responsibilities under the CONTRACT or to fulfill them on time, shall be deemed as force majeure (natural disaster, war, terrorism, riot, legislative provisions, epidemic, seizure or strike, lockout, significant malfunction in production and communication facilities…). The party in whose person the force majeure occurs shall immediately notify the other party of the situation in writing. No liability shall arise for the parties' failure to fulfill their obligations during the continuation of the force majeure. If this force majeure continues for 10 (ten) days, each party shall have the right to unilaterally terminate the CONTRACT.
11. APPLICABLE LAW AND ARTİSTIZED COURT
Turkish Law shall be applied in the implementation, interpretation and management of legal relations arising from this AGREEMENT. Istanbul Courts and Enforcement Offices are Artistized to resolve any disputes arising or that may arise from this AGREEMENT.
12. FORCE
This AGREEMENT, consisting of a total of 10 (ten) pages and 12 (twelve) articles, will enter into force on the date it is read and accepted by the parties and approved by the USERS on the WEBSITE.