USER AGREEMENT

Last Updated: 18/10/2022

Welcome to Yollando.com.

“Yollando Elektronik Ticaret Hizmetleri Anonim Şirketi” (“Yollando”), provide website features and other products and services to you when you visit or shop at www.Yollando.com, use Yollando products or services (collectively, “Yollando Services”) By using the Yollando Services, you agree, and others who use any Service under your account, to the following conditions. Please read these conditions carefully before using the Yollando Services.

Please review our Privacy Policy. The Privacy Policy is meant to help you understand what information Yollando collects, why Yollando collects it, and how you can update, manage, export, and delete your information.

1. Introduction

1.1. Parties

Yollando is sole owner of www.yollando.com (the “Internet Site”). This User Agreement (“Agreement”) is entered into between Yollando, a company incorporated and operating under the laws of the Republic of Turkey and having its registered office at Ahmediye Mahallesi Halk Cad. no.: 37 Asma Kat 34672 Üsküdar- İstanbul, with 9811095539 Taxpayer Identification Number and the Internet Site’s User (the “User”), who is a member by accepting the following terms.

Yollando and the User are hereinafter individually referred to as “Party” and jointly as “Parties”.

1.2. Users and Visitors

This agreement is valid for User and Visitors. When you register and join the Yollando Services by accepting the following terms, you become a User. If you have chosen not to register for Yollando Services, you may access certain features as a “Visitor.” The word “User” in the Agreement also includes “Visitor”.

1.3. Scope

Under this Agreement, the conditions for the User to benefit from the Internet Site is be determined. In order to avoid any doubt, this Agreement is merely between Parties, and it covers conditions being User and using Yollando Servives.

Any relationship between users and third parties is not covered by this Agreement. Yollando is not responsible for the relationship between Users and third parties.

Users will be able to seek their rights within the framework of other legislation, particularly the Law on the Protection of the Consumer No. 6502, against the parties to the transaction, regarding the transactions they will perform through advertisements (banners, links, posts, etc.) on the Internet Site.

2. Obligations

2.1. Service Eligibility

The Services are not for use by anyone under the age of 18. The User accepts and declares that he/she has legal capacity to conclude this Agreement and that she/he has read the entire Agreement thoroughly and fully understands its content. To be a User, this Agreement must be approved, and the information requested on the membership page must be filled with correct and up-to-date information. Creating an account with false information is a violation of this Agreement. In that case, User is personally responsible for all damages that may arise for this reason.

The User declares and undertakes that the personal and other information provided by her/him shall be correct.  The user declares and undertakes that the User will immediately indemnify all damages that Yollando will suffer due to the fact that the information provided by her/him is not true.

2.2. User Account

Users are account holders. The User agrees to: (1) use a strong password and keep it confidential; (2) not transfer any part of your account. The User is responsible for anything that happens through User’s account unless User reports misuse.

The Username and password information required to access the Profile Page and perform transactions on the Internet Site is created by the User, and the security and confidentiality of such information is entirely the responsibility of the User. Determining and protecting the password is in the sole responsibility of the User and Yollando shall not be held liable for the problems or damages which may arise due to password usage.

The User shall not give the password to other person(s) or organization(s). The User accepts and declares that the transactions carried out with his/her own username and password have been performed by him/her. The User shall not raise any objection that she/he did not carry out the works and transactions carried out in this way. For this reason, the User is solely responsible for all claims against Yollando by third parties or authorities. The User accepts, declares, and undertakes that she/he is responsible for everything done in her/his account, as long as her/his account is not closed.

In the event of a dispute as to which person the User’s rights and obligations belong to, and the said persons make a request from Yollando in this regard, Yollando accepts that the last person who paid Yollando for any Service using the relevant User’s account is the owner of the account, and accordingly has the right to act.

There are two different User statuses on the Internet Site, Basic Membership and Premium Membership. Basic Membership is a free membership while Premium Membership is a paid Membership status. The Member chooses one of these two Membership types.

2.3. Utilizing The Services

The User accepts and declares that he/she will act in accordance with the provisions of this User Agreement, all conditions stated on the Internet Site, applicable legislation and ethical rules in his/her transactions and correspondence on the Internet Site. The User accepts and declares that she/he shall not misuse Yollando Services. The User shall not use Yollando Services in a way that violates the public order, violates public morals, disturbs, and harass others, infringes on the ideas and copyrights of others for an unlawful purpose. The legal and criminal responsibility arising from actions of the User on the Internet Site belongs to the User.

The User is responsible for paying all kinds of taxes, customs duties, service fees, transportation costs, etc. that may arise during the receipt, storage, and shipment of User’s packages. For shipping to Iraq or Iran, if the economic shipment type is selected for Iraq and Iran shipments, the packages shall be sent to various centers in Iraq and Iran by land transportation. Packages must be taken from the mentioned locations. For shipping to Iraq or Iran, Yollando shall not be held liable for any problems arising from shipping to Iraq or Iran, since shipping to these countries have themselves own special risks. All responsibility is on the User.

The User accepts, declares, and undertakes that she/he will not subject products that are contrary to Turkish law and international transportation agreements and/or products that are prohibited to be bought and/or sold and/or transported/transferred to this Agreement. Any breach of this provision, all legal and criminal responsibilities shall be on the User. The User accepts, declares, and undertakes that she/he will immediately indemnify all damages and loses arising from this violation that Yollando will suffer.

The User accepts and declares that some information (Internet Protocol (IP) address of the Internet service provider used to access the Internet Site, the date and time of the access to Internet Site, the pages accessed while on the site and the direct link to Internet Site etc.)  might be collected by Yollando because of fulfilment of this agreement, legal obligation or improvement and development of the Internet Site.

The www.yollando.com/alisveris-sites page on the Internet Site is only a shopping list. The User accepts and declares that Yollando is not a seller of any product or service on the “shopping list” page.

The User shall not use the Internet Site in an unlawful and unethical manner, especially in the following cases:

• Using the Internet Site for the purpose of creating a database, record or directory on behalf of any person;
• Using all or part of the Internet Site for the purpose of disrupting, altering or reverse engineering;
• Taking action using false information or the information of another person, creation of unreal USer accounts by using false or misleading personal data, including false or misleading residence address, e-mail address, contact, payment or account information, and the use of these accounts in violation of the Agreement or applicable law, unauthorized use of another User’s account, being a party or participant in transactions by impersonating another person or under a false name;
• Using “screen scraping” software or systems such as automated programs, robots, web crawlers, spiders, data mining and data crawling on the Internet Site without the prior written consent of Yollando, and in this way, unauthorized copying, publication or use of all or part of any content on the Internet Site;
• The use of Yollando Services for the purpose of malicious and unfair benefit of the campaigns and advantages offered on the Internet Site, bad faith breach of campaign terms.

The User is obliged to carry out the transactions on the Internet Site in a way that does not harm the Internet Site in any way technically

The User accepts and declares that she/he shall take all necessary precautions, including using the necessary protective software and licensed products, to prevent harming the system by all information (and also in order to be sure these materials not including virus, trojan etc), content, material and other content provided by him/her to the Internet Site. The User also agrees that she/he shall not enter the profile page with robot or automatic login methods.

The User declares, accepts and guarantees that the information she/he will give about himself/herself is correct, and that she/he will update this information at the earliest opportunity and within the period provided for by law, in case of changes in the information provided. The User accepts and declares that all opinions, thoughts, expressions, and pictures to be published by her have no interest or connection with the Internet Site and that they will only bind her.

Whether the User is a basic member or premium member just a visitor, for breaching any of its obligations in this article: she/he accepts and declares that

• In the event that a third party incurs damage due to its violation, she/he shall remedy this damage immediately and at the time of the first request, she/he knows that if she/he does not remedy the damage, Yollando will recourse to her/him with all interest and other accessories from the date Yollando paid the damage,
• If the violation causes Yollando to pay a judicial or administrative fine, she/he knows that Yollando will recourse to him this amount, together with interest and other accessories, from the date of actual Yollando paid the judicial or administrative fine,
• In the event that Yollando suffers a direct loss due to its breach, she/he shall pay Yollando the relevant loss, together with interest and accessories, from the date of the damage.

3. The Right of Yollando

3.1. Termination

Yollando has the rights to terminate the membership of the User unilaterally at any time, the right to permanently or temporarily suspend the service provided to the User, the right to postpone, limit and destroy the User access to any page or service of the Internet Site without stating a reason and without warning. The User accepts and agrees that she/he shall not raise any objections if Yollando exercises any of these rights.

If the User violated any article of this User Agreement or if Yollando has a reasonable doubt about breach of this agreement by the User, Yollando has the right to suspend, terminate, suspend, and pursue the User’s membership. Products of the User whose membership has been canceled by Yollando due to this provision, in Yollando’s Warehouse are returned or destroyed. The refund fee is borne by the User.

Any of the Parties may terminate this User Agreement unilaterally and without compensation at any time. In the event of the said termination, the Parties shall mutually fully fulfill their rights and obligations arising up to the date of termination. Users who cancel their membership have the right to send their packages until the last day of membership.

Premium Membership is automatically renewed unless otherwise stated by a written request by the User. If Premium member cancels Subscription or wants to be Basic Member, she/he is able to use these rights after the 4th month from the date she/he become a Premium Member.

The user who has purchased a premium membership from www.yollando.com has the right of cancellation, however, a 4 Euro from membership fees will be returned for the remaining months of his membership. www.yollando.com has the right to cast away the packages of the members, whose packages are not sent and cancelled their membership, according to the User Agreement see.

This agreement shall remain in effect until the User cancels his/her membership or until Yollando cancels his/her membership.

3.2. Yollando Services and Prices

Yollando gives a private postal address feature to Members. This address is in Istanbul, Turkey. The authority to determine and change the address in question belongs entirely to Yollando.

The User could send any products which is purchased in Turkye and whose purchase, sale and / or transportation / transfer is not contrary to national and international law to the postal address given to her/him. Yollando will receive the package on behalf of the User. Yollando has the right to open any package it receives. By using Yollando Services, the User accepts and declares that Yollando has the right to open the packages.

Yollando uses its right to open packages to control the prohibited products, to ensure that the products are packaged at less cost, and to ensure the quality control of certain products. Quality control is done by visual inspection. For that reason, Yollando never give guarantees for quality control.

Yollando does not control whether a product is defective or not. At the request of the User, Yollando may return the product to the seller. At that circumstance, Yollando will be able to request the return service fee and return shipping fee from the User for retain service. The refund will not be made without paying the return service fee and return shipping fee.

Yollando make no representation or warranty about the services, including any representation that the services will be uninterrupted or error-free, and provide the services (including content and information) on an “as is” and “as available” basis.

The package shipping fees will be calculated according to the volume or weight of the package. The higher one is charged. The determining factor in shipping costs is the space the package occupies on the plane rather than its actual (physical) weight. If the volume of the package is more than its weight, the volume is taken into account.

The packages will be stored from 15 to 60 days (duration days) according to User’s membership. For each day over the duration days, 1 Euro will be charged. The duration of storage is 100 days at the most. In case of exceeding this time, Yollando has right to dispose the package.

Yollando may make the payment on behalf of the User for the packages sent with a counter payment. At that circumstance, the said fee will be reflected to the User. Notwithstanding, Yollando reserves the right not to make the payment on behalf of the User for the counter payment.

After the time when package is exited from Yollando’s warehouse, the responsibility for the return on the User.

The User shall not use the Internet Site for the shipping of the products which are contrary to international transportation laws or separately purchased, sold and/or transported/transferred to national and international law and of the products which are on the Yollando Prohibited Items

Yollando has the right to destroy the packages of the User who cancels her/his membership and does not order a shipment service of her/his packages at the end of the 30th day.

If the package of those who continue to send packages despite canceling her/his membership will not become a member again within 7 days from the day the package arrives at the warehouse, the packages are destroyed.

3.3. Amendments

Yollando reserves its right to unilaterally change this User Agreement and all lists, prices, price lists and Policies including Privacy Policy by posting it on the Internet Site. The changed provisions become valid on the date they are announced on the Internet Site, unchanged provisions remain in effect. For the avoidance of doubt, this Agreement cannot be changed unilaterally by the User.

3.4. Intellectual Property Rights

Yollando reserves all of its intellectual property rights in the Services.  Yollando brand and logo, website design, software, domain name and all kinds of brands, designs, logos, trade dress, slogans created by Yollando in relation to them, and all other intellectual property rights of all other content belong to Yollando. The User shall not use, share, distribute, exhibit, reproduce or create derivative works from the intellectual property rights of Yollando without the consent of Yollando. The User shall not use the whole or part of the Internet Site in any other environment without the permission of Yollando. In case the User violate the intellectual property rights of third parties or Yollando in any way, the User is obliged to compensate all direct and indirect damages and expenses of Yollando and/or the said third party.

4. Privacy and Data Protection

Yollando attaches importance to the processing, security, and protection of the personal data provided by the User through the Internet Site, in order for the User to benefit from the Yollando Services offered on the Internet Site, in accordance with all kinds of legislation, including the Law on the Protection of Personal Data No. 6698. Yollando collects, uses, transfers and processes the personal data provided by the User in accordance with the Privacy Policy on the Internet Site. The User could always review the Privacy Policy on the Internet Site to learn more about the conditions regarding the use of her/his personal data and her/his rights in this regard. Further information regarding the Privacy Policies, contact with Yollando via kvkk@yollando.com.

Personal data shared by the User in order to create a membership on the Internet Site or to benefit from the Internet Site are collected, stored and processed by Yollando or its business partners in accordance with the Privacy Policy for the following purposes: the fulfillment of the obligations of the Agreement, the execution of the applications required for the operation of the Internet Site, providing and offering various advantages to the User, customer service and complaint tracking, member-specific advertising, sales, marketing, survey, all kinds of electronic communication for similar purposes, profiling, statistical studies. In addition, these personal data (name, surname, phone number, identity information and postal address etc.) are necessary for the realization of the transportation service will be shared with cargo, transportation, and logistics companies when necessary for the performance of the obligations determined by this Agreement.

5. Force Majure

Any events or conditions beyond the control of the Yollando, which is unforeseen and is not avoidable, including but not limited to natural disasters, strikes, lockouts, official authority orders or restrictions, war, threat of war, revolution, riots, employee-employer disputes, cyber-attacks, communication problems, infrastructure and internet failures, system improvement or renewal works and malfunctions that may occur due to this, power outage, pandemic, fires or floods and the like, that have caused any delay or failure to perform Yollando obligations under this Agreement, Yolllando shall not be held liable for default. This situation shall not be considered as a violation of this Agreement.

6. Miscellaneous

Customer accepts, declares, and undertakes that both the information kept in Yollando’s official books and commercial records, and electronic records and computer and voice records kept in Yollando’s databases and servers shall constitute evidence for any and all disputes which may arise in connection with the Agreement, and that this clause herein constitutes an evidence agreement within the meaning of article 193 of the Code of Civil Procedure.

This Agreement shall be governed by and interpreted and construed in accordance with the laws of the Republic of Turkey. All disputes arising out of or in connection with this Contract shall be settled by Istanbul Çağlayan Courts and Enforcement Offices.

Yollando will communicate with the User via the e-mail, phone call or SMS. The information (User’s e-mail address, phone number etc.) provided by the User when registering on the Internet Site will be taken into account. The member is obliged to keep her/his e-mail address and phone number up to date. The User is responsible for the validity of the information.

Unless the User notifies Yollando of the changes in her/his current address within 3 (three) days, the User accepts that the notifications / posts to the old addresses will be valid and will be deemed to have been made to her/his.

This Agreement constitutes the entire agreement between the Parties on the subject.  In the event that any provision off this Agreement becomes invalid for any reason, provided that there is no legal obstacle, the validity of any remaining judgements of the Contract will not be affected, the remaining provisions will be interpreted independently from the invalid provision and the Agreement and will remain valid as if signed without an invalid judgement and will remain in effect.

The User, without the prior written consent of Yollando, shall not assign and transfer any of his/her rights and obligations arising from this Agreement to any third party.

All terms and conditions under the Agreement shall come into effect immediately as of the time the User electronically approve the Agreement.