Distance Sales Agreement
Distance Sales and Iyzico Buyer Agreement
DISTANCE SALES AGREEMENT
1. PARTIES
This ninekimya Buyer Payment Service Framework Agreement has been concluded between iyzico, whose information is given below, and the User who wishes to benefit from the services in this Agreement.
Title: Dokuz Kimya Arge Foreign Trade. And San. Ltd. Sti
Address: Ata Mah. Miletus Blv. No:32/20 Efeler/AYDIN
Tax Office and No.: Güzelhisar VD. / 3090341668
iyzico and the User are hereinafter collectively referred to as the "Parties" and separately as the "Party".
2. DEFINITIONS
User: The natural or legal person who purchases goods or services through the services offered under this Agreement on the Website and benefits from the Service for this purpose,
Sensitive Payment Data: Data such as password, security question, card number, expiration date, CVV2, CVC2 code used by the User for issuing a payment order or for verifying the identity of the User, which may allow fraud or fraudulent transactions on behalf of users if captured or changed
Erroneous/Unauthorized Transaction: Payment Transaction performed incorrectly or outside the User's instruction
Website: The website used to display the products and services offered for sale by the Sellers, and used by the User for the purchase of goods or services.
iyzico: iyzi Payment and Electronic Para Hizmetleri A.Ş., whose contact information is specified in Article 1 of this Agreement and which is the payment service provider party in this Agreement.
Approval Date: The date on which the user approves that the product or service purchased from the Website is delivered without any defects, or the upper period determined by the Marketplace for the approval in question has expired.
Payment Tool: A personal device such as card, mobile phone, password and similar used by the user to place the payment order.
Payment Account: The account opened at iyzico on behalf of the user and used for the execution of the payment transaction.
Payment Process: A series of operations carried out through the Platform in order to pay for products or services offered for sale on the Website.
Marketplace: The natural or legal person operating the Website.
Platform: A virtual platform consisting of software with a virtual payment and verification gateway developed by iyzico
Seller: The real or legal person who makes sales through the Website, to whom the funds subject to the Payment Transaction are requested.
Service: The service to be provided to the User within the framework of the terms and conditions determined in the Agreement.
System Partner: The bank or financial institution that cooperates with the processing of payments through the platform.
Agreement: This Virtual Platform Usage Framework Agreement concluded with the User
Suspicious Transaction: Payment Transaction that is likely to be considered as an Erroneous/Unauthorized Transaction, including in the cases determined by the contract.
Authorized Personnel: Personnel authorized by iyzico to support and communicate with the User regarding the use of the Platform.
3. SUBJECT OF THE AGREEMENT
Payment services are provided by iyzico in the virtual marketplace operated by the Marketplace on the Website. In this context, iyzico will provide payment services to both the Marketplace, the Seller and the User in accordance with the Law No. 6493 on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions (“Law”), and in this context, the price from the User will be paid by iyzico. shall transfer the amounts kept in the User's Payment Account to the Seller's Payment Account on the Approval Date, until the approval as specified in this Agreement regarding the full and duly delivery of the goods or services collected from the Website to the User. .
This Agreement regulates the principles regarding the Service provided for the transfer of the prices of the products and services purchased by the User through the Website to the Seller within the scope specified above, and the rights and obligations of the Parties within this scope.
4. GENERAL CONDITIONS
4.1. RECORD
As of the date the Agreement is approved by the User on the Website, this Agreement will become effective and valid.
4.2. TERMS OF USE
a) The User will only be able to use the Service after the Agreement enters into force.
b) iyzico reserves the right to call the User by phone, verify the information transmitted by the Marketplace, and request additional information and documents.
4.3. PRINCIPLES OF PLATFORM WORKING PRINCIPLES
4.3.1 General Principles
a) Pursuant to this Agreement, iyzico agrees and undertakes to provide Services for the purpose of accepting and processing the payments for the products and services ordered by the User from the Website and making the payments to the Seller.
b) iyzico will make its best efforts to keep the Platform at the required security level in order to prevent access to information by unauthorized persons. In this sense, the user will provide maximum support to iyzico and act in accordance with iyzico's instructions.
c) iyzico reserves the right to change the security standard, especially as a result of security standard changes made by System Partners.
d) The User declares that he/she knows that the provisions regarding the payments made by the User are made within the scope of the conditions specified by the System Partners, and that iyzico is not responsible for any breaches or attacks (hacking, phishing) against the websites of the System Partners.
e) The User is obliged to keep the password that enables access to the Platform and/or the information (if any) regarding the Payment Instrument confidential, not to disclose it to unauthorized persons, and to prevent the use of these passwords for purposes other than allocation. In addition, the user is obliged to immediately notify iyzico through one of the methods specified in this Agreement, in case of loss, theft or unauthorized use of the aforementioned information or the information of the Payment Instrument. iyzico is not responsible for the loss or disclosure of such information by the User, nor is it liable for any damages caused to the User by third parties unless it is proven that the fault belongs to iyzico. h) The User shall be liable to the extent of his own fault for demonstrably unauthorized misuse of the Platform or an administrative account, or for unauthorized access to the administrative account.
5. USER'S RIGHTS AND OBLIGATIONS
a) The User accepts and declares that he will not interfere with the functions of the Platform and will use the Platform in accordance with the installation and usage instructions.
b) The User shall comply with the explanation regarding the Platform features offered by iyzico, and the “Rules Regarding Payment via the iyzico Platform” and all updates thereof, and shall be responsible for any requests that may arise due to non-compliance.
6. RIGHTS AND OBLIGATIONS OF iyzico
6.1. iyzico's Right to Block Access to the Platform
a) iyzico shall have the right to block access to the Platform, especially in the event of the following situations. Access will be restored after the aforementioned situation is eliminated.
– If there is a computer virus threat to the Platform,
– If the user does not provide the information requested from him under this Agreement,
B) iyzico has the authority to audit the services related to this Agreement without prior notice to the User.
6.2. Platform Maintenance, Outages and Troubleshooting
a) iyzico will provide the continuous maintenance, hardware and technical support necessary for the Platform to function properly. In connection with this, iyzico reserves the right to temporarily suspend or limit the operation of the relevant servers in cases expressly stated in this Agreement. In this case, the User is not entitled to any compensation.
B) iyzico does not guarantee uninterrupted operation of the Platform. iyzico will process the payments in a timely manner and will not be responsible for the failure of such transactions due to problems arising from the System Partners, but will endeavor to resolve the said problems as soon as possible and will be in contact with the System Partners.
6.3. Protection of Personal Information
a) In order to ensure that the information belonging to the User is provided only by the Service, the User may process, store and similar transactions by iyzico as specified in the most updated version of the iyzico Privacy & Personal Data Policy published at https://www.iyzico.com/privacy-policy/. accepts that he/she has been informed about how to define and register in the system) and to share it with third parties when necessary. iyzico is aware that personal data is “confidential information”, that it is obliged to show due diligence to ensure the confidentiality of the personal information provided to it for this purpose, and that it will act in accordance with the Law No. 6698 on the Protection of Personal Data and other current legislation.
b) The User accepts and declares that he/she knows that, in cases where iyzico processes a complaint, information regarding the transactions carried out within the scope of the Service and other information belonging to him/her can be forwarded to the Seller and/or Marketplace to the extent necessary for the resolution of the complaint.
7. COMPLAINT PROCEDURE, LIABILITIES FOR ERRORS AND DAMAGES
7.1. COMPLAINT PROCEDURE
a) The user shall submit complaints regarding the services provided by iyzico by sending an e-mail to the e-mail address sikayet@iyzico.com.
b) The user can also initiate a complaint procedure by contacting the Authorized Personnel via the contact phone number.
c) iyzico will do its best to resolve the problem subject to the complaint. iyzico will not be responsible for delays that occur in connection with deficiencies in complaints (lack of notification).
d) Complaints to be made by the user shall contain at least the following details: the reason for the complaint, the list of parties involved in the transaction, the transaction code, if any, and a detailed list of the problem and the content of possible error messages.
e) Disputes between the User and any User or Seller will be resolved between the User and the User or Seller, who is a party to the transaction, and iyzico will not be responsible for these transactions or disputes. If iyzico has to pay a price for any reason (other than its own fault) within the scope of this article, the User shall immediately indemnify it.
g) Complaints will be answered by iyzico within 20 (twenty) days at the latest from the date of receipt.
7.2. LIABILITY ARISING FROM ERRORS AND DAMAGES
a) iyzico will not participate in the supply or return of the products or services offered on the Website to the User. For this reason, iyzico shall not be responsible for the products or services paid for through the Platform, or the fact that the contract between the User and the Seller regarding these paid products or services has been concluded in accordance with the law.
b) iyzico is only responsible for direct damages in case of breach of its obligations arising from the Contract, and shall not be liable for damages caused by third parties or System Partners, which it is not at fault.
c) iyzico shall not be liable for the delay in transferring the amounts to the Seller's account due to the situations that occur due to the incomplete or delay of the transactions due to incorrect or incomplete information entered by the User after the payment order is placed. iyzico shall not be liable for the delays that occur as a result of unforeseen or unavoidable circumstances, the failure to execute the Payment Transaction or the occurrence of an error in the Payment Transaction other than its own fault, or the damages that occur as a result of these.
d) will not act against any of the User's commitments or obligations under this Agreement; In the event that iyzico, its officers, directors and employees suffer a loss or are subject to a legal, administrative or penal sanction due to their behavior, violation of the law or the rights of any third party, the relevant amounts (including attorney's fees) shall be paid at the first request together with their associates. It will be recourse to the User.
7.3. RESPONSIBILITY FOR SUSPICIOUS/UNAUTHORIZED/INCORRECT TRANSACTIONS
a) In case the payment is sent to iyzico by the User, iyzico will transfer the payment to the Seller after the Approval Date, following the completion of the relevant approval processes under the conditions specified in this Agreement and within the rules specified by the Marketplace. In case the payment is not transferred to iyzico due to reasons arising from the User, iyzico shall not be liable to make a payment to the Seller.
b) The User accepts and declares that iyzico's obligation to transfer the amounts sent to iyzico by the User to the Seller will begin after the Approval Date. In case the necessary approvals are not given by the User and/or the Marketplace approval process is not duly completed for any reason, iyzico may return the relevant amount to the User.
c) On the Confirmation Date, the User is deemed to have placed the payment order for the relevant Payment Transaction. If the User makes a notification that the product or service has not been delivered fully and properly, the relevant amount will be returned to the User in line with the notification to be made to iyzico by the Marketplace and/or the User; If no confirmation or rejection notification is made within the procedures and periods determined by the Marketplace, the User shall be deemed to have received the goods or services fully and properly and the relevant amount will be transferred to the Seller's account. If the User does not make any notification regarding the delivery (late or incomplete delivery, defective product, etc.) or if he has made a notification that the delivery has been fulfilled properly, he cannot make any request from iyzico regarding the transfer of the amount to the Seller.
d) If an Incorrect/Unauthorized Transaction notification is made to iyzico regarding any transaction, the User may request a correction or an objection to expenditure pursuant to VISA and Mastercard rules, immediately and in any case, within a maximum of 13 (thirteen) months following the execution of the Payment Transaction. In this case, if the aforementioned notification is proven to be correct, or in case of the System Partner, the relevant transaction fee may not be transferred to the Seller and iyzico can directly return it to the User. The refund will be made within 1 day and iyzico's right to deduct the relevant amount from the payments to be made to the Seller is reserved) will be able to transfer it to the User.
e) iyzico has the right to keep the transaction amounts and not to pay the Seller until the System Partner or the User's approval of the Payment Transaction, in case of Suspicious Transactions and in case of notification by the User or System Partner, especially in the following cases. Payments will not be processed definitively if the suspicious situation is finalized provided that it is documented.
– If there is a suspicion that the Payment Transaction is not in compliance with the legal provisions,
– If there is a suspicion that the Payment Transaction was made without the knowledge of the holder of the credit card used in the Payment Transaction,
– If there is a suspicion that the Payment Transaction is made without the knowledge of the bank account holder used in the Payment Transaction,
– If there is a suspicion that the Payment Transaction is not an actual Payment Transaction (except for tests).
f) In the event that a lost or stolen Payment Instrument is used or that the payment instrument is used by others due to failure to keep personal security information properly, the User shall be liable for the loss arising from payment transactions that he has not authorized, Payment Services and Electronic Money Issuance, Payment Institutions and Electronic Money Institutions. (“Regulation”) is responsible for the part up to the amount specified in Article 45/4. The User is not responsible for any unauthorized payment transactions that occur after the notification made pursuant to the fourth paragraph of Article 44 of the Regulation. In case of fraudulent use of the Payment Instrument or failure to fulfill its notification obligations willfully or grossly, the User shall be liable for all the damage arising from the unauthorized transaction.
8. PRINCIPLES OF PAYMENTS
8.1. GENERAL PRINCIPLES
a) iyzico is responsible for transferring the amounts conveyed to it by the User within the scope of the Agreement to the Seller within the business day following the Approval Date.
b) iyzico does not collect any fee from the User for the transfer of the amount that is the subject of the Payment Transaction made by the User to the Seller, but iyzico reserves the right to unilaterally change the pricing conditions.
c) The User accepts that iyzico is not a bank, credit or financial institution and that the service provided by iyzico pursuant to this Agreement is not a banking service, and that iyzico, as a payment institution, provides payment services within the scope of the Law. In this context, iyzico will not charge interest on the amounts collected within the scope of the Payment Transaction or issue a Payment Instrument, and the User will not demand any interest from iyzico under the name of interest or other benefits. iyzico may not provide loans, installments, payment or payment guarantees for uncollectible amounts, or engage in activities that have this meaning. The user agrees and undertakes not to make any requests from iyzico in this context. However, if the Seller makes installments himself, a payment service for the payment of the installment fees may be offered.
9. TERM AND TERMINATION OF THE AGREEMENT
a) This Agreement will enter into force on the acceptance date of the User and will remain in effect unless terminated by the parties.
b) If the parties do not fulfill their obligations arising from this Agreement, the other Party will give 14 (fourteen) days to remedy the contradiction with a notice to be sent to the other Party to remedy the inconsistency. shall be deemed terminated without notice.
c) The User may terminate this Agreement at any time, without giving any reason, by giving written notice of termination 1 (one) month in advance. iyzico, on the other hand, shall have the right to terminate the Agreement with a written notice of 2 (two) months in advance, without giving any reason and without paying any compensation. It will not prejudice the fulfillment of the obligations subject to this Agreement that are due before the termination date of the Agreement, and the rights of the Parties due until the termination date are reserved.
d) In the event that the permissions and licenses that allow iyzico to provide the Service under this Agreement are terminated in any way and/or the agreement between the Marketplace and iyzico regarding the collection of the sales made through the Website ends, this Agreement will automatically terminate.
e) iyzico may suspend the Service, prevent the use of the Payment Instrument and cancel the Payment Transaction in cases where fraudulent or unauthorized use is suspected. In this case, iyzico will inform the User about the matter, provided that there are no regulations preventing the provision of information in the relevant legislation or there are no objective reasons threatening security, and will re-open the Service and Payment Tool when the reason for blocking disappears. iyzico may also suspend the Service in the event that the User violates this Agreement, until the violation is resolved.
10. MISCELLANEOUS PROVISIONS
a) The terms and conditions to be announced on the www.iyzico.com website for the provision of services by iyzico constitute an annex and an integral part of this Agreement. This Agreement will always be accessible to the User on iyzico's www.iyzico.com website or linked addresses.
b) All kinds of duties, fees and taxes arising from this Agreement shall be paid equally by the Parties.
c) The parties may not transfer or assign the claims arising from this Agreement to third parties under any circumstances without the written consent of the other Party.
d) iyzico may announce any changes in the Agreement on its website and/or publish new versions. Regarding the changes, iyzico sends the notice to the User 30 (thirty) days before the effective date, containing the scope of the change, the effective date and the information regarding the termination right of the User. In this case, the User reserves the right to terminate the Agreement without paying any fee, and if no objection is made within the specified 30 (thirty) days, the change will be deemed to have been accepted.
e) Exceptional events, including war, martial law, mobilization, terrorist acts, natural disasters, fire, strike and lockout, in which the Parties fail to fulfill their obligations due to reasons beyond their own will, which have no means of intervention and which cannot be reasonably foreseen, are considered as force majeure. acceptable. In case of force majeure, the obligations regarding the Contract are suspended until the force majeure ends. If the suspension period exceeds 1 (one) month, the Parties shall have the right to terminate this Agreement.
f) The user shall comply with the laws, the rules of VISA, Mastercard and other payment card institutions and authorities (BDDK, CBRT etc.) and the rules and procedures prepared by iyzico.
g) If any provision of this Agreement is invalid for any reason, the applicability and/or validity of the other provisions or the Agreement shall not be affected by such invalidity.
h) The Parties agree that the records accessible through the Platform or the Management Interface will be accepted as an evidential contract between the Parties.
i) The parties have accepted the authority of Istanbul Anatolian Courts and Enforcement Offices in the resolution of disputes arising from this Agreement.
j) If the parties do not notify the other party in writing of the changes in their addresses specified in this Agreement, the notifications and notifications to be made to the addresses specified in this agreement will be valid notifications. iyzico will make the notifications to the User within the scope of this Agreement via e-mail to be sent to the specified address of the User at the times specified in the Agreement. However, in accordance with Article 18/3 of the Turkish Commercial Code, notifications regarding default by the other party or termination of the Agreement shall be made through a notary public, registered letter, telegram or registered electronic mail system using a secure electronic signature.
DISTANCE SALES AGREEMENT
1. PARTIES
This ninekimya Buyer Payment Service Framework Agreement has been concluded between iyzico, whose information is given below, and the User who wishes to benefit from the services in this Agreement.
Title: Dokuz Kimya Arge Foreign Trade. And San. Ltd. Sti
Address: Ata Mah. Miletus Blv. No:32/20 Efeler/AYDIN
Tax Office and No.: Güzelhisar VD. / 3090341668
iyzico and the User are hereinafter collectively referred to as the "Parties" and separately as the "Party".
2. DEFINITIONS
User: The natural or legal person who purchases goods or services through the services offered under this Agreement on the Website and benefits from the Service for this purpose,
Sensitive Payment Data: Data such as password, security question, card number, expiration date, CVV2, CVC2 code used by the User for issuing a payment order or for verifying the identity of the User, which may allow fraud or fraudulent transactions on behalf of users if captured or changed
Erroneous/Unauthorized Transaction: Payment Transaction performed incorrectly or outside the User's instruction
Website: The website used to display the products and services offered for sale by the Sellers, and used by the User for the purchase of goods or services.
iyzico: iyzi Payment and Electronic Para Hizmetleri A.Ş., whose contact information is specified in Article 1 of this Agreement and which is the payment service provider party in this Agreement.
Approval Date: The date on which the user approves that the product or service purchased from the Website is delivered without any defects, or the upper period determined by the Marketplace for the approval in question has expired.
Payment Tool: A personal device such as card, mobile phone, password and similar used by the user to place the payment order.
Payment Account: The account opened at iyzico on behalf of the user and used for the execution of the payment transaction.
Payment Process: A series of operations carried out through the Platform in order to pay for products or services offered for sale on the Website.
Marketplace: The natural or legal person operating the Website.
Platform: A virtual platform consisting of software with a virtual payment and verification gateway developed by iyzico
Seller: The real or legal person who makes sales through the Website, to whom the funds subject to the Payment Transaction are requested.
Service: The service to be provided to the User within the framework of the terms and conditions determined in the Agreement.
System Partner: The bank or financial institution that cooperates with the processing of payments through the platform.
Agreement: This Virtual Platform Usage Framework Agreement concluded with the User
Suspicious Transaction: Payment Transaction that is likely to be considered as an Erroneous/Unauthorized Transaction, including in the cases determined by the contract.
Authorized Personnel: Personnel authorized by iyzico to support and communicate with the User regarding the use of the Platform.
3. SUBJECT OF THE AGREEMENT
Payment services are provided by iyzico in the virtual marketplace operated by the Marketplace on the Website. In this context, iyzico will provide payment services to both the Marketplace, the Seller and the User in accordance with the Law No. 6493 on Payment and Securities Settlement Systems, Payment Services and Electronic Money Institutions (“Law”), and in this context, the price from the User will be paid by iyzico. shall transfer the amounts kept in the User's Payment Account to the Seller's Payment Account on the Approval Date, until the approval as specified in this Agreement regarding the full and duly delivery of the goods or services collected from the Website to the User. .
This Agreement regulates the principles regarding the Service provided for the transfer of the prices of the products and services purchased by the User through the Website to the Seller within the scope specified above, and the rights and obligations of the Parties within this scope.
4. GENERAL CONDITIONS
4.1. RECORD
As of the date the Agreement is approved by the User on the Website, this Agreement will become effective and valid.
4.2. TERMS OF USE
a) The User will only be able to use the Service after the Agreement enters into force.
b) iyzico reserves the right to call the User by phone, verify the information transmitted by the Marketplace, and request additional information and documents.
4.3. PRINCIPLES OF PLATFORM WORKING PRINCIPLES
4.3.1 General Principles
a) Pursuant to this Agreement, iyzico agrees and undertakes to provide Services for the purpose of accepting and processing the payments for the products and services ordered by the User from the Website and making the payments to the Seller.
b) iyzico will make its best efforts to keep the Platform at the required security level in order to prevent access to information by unauthorized persons. In this sense, the user will provide maximum support to iyzico and act in accordance with iyzico's instructions.
c) iyzico reserves the right to change the security standard, especially as a result of security standard changes made by System Partners.
d) The User declares that he/she knows that the provisions regarding the payments made by the User are made within the scope of the conditions specified by the System Partners, and that iyzico is not responsible for any breaches or attacks (hacking, phishing) against the websites of the System Partners.
e) The User is obliged to keep the password that enables access to the Platform and/or the information (if any) regarding the Payment Instrument confidential, not to disclose it to unauthorized persons, and to prevent the use of these passwords for purposes other than allocation. In addition, the user is obliged to immediately notify iyzico through one of the methods specified in this Agreement, in case of loss, theft or unauthorized use of the aforementioned information or the information of the Payment Instrument. iyzico is not responsible for the loss or disclosure of such information by the User, nor is it liable for any damages caused to the User by third parties unless it is proven that the fault belongs to iyzico. h) The User shall be liable to the extent of his own fault for demonstrably unauthorized misuse of the Platform or an administrative account, or for unauthorized access to the administrative account.
5. USER'S RIGHTS AND OBLIGATIONS
a) The User accepts and declares that he will not interfere with the functions of the Platform and will use the Platform in accordance with the installation and usage instructions.
b) The User shall comply with the explanation regarding the Platform features offered by iyzico, and the “Rules Regarding Payment via the iyzico Platform” and all updates thereof, and shall be responsible for any requests that may arise due to non-compliance.
6. RIGHTS AND OBLIGATIONS OF iyzico
6.1. iyzico's Right to Block Access to the Platform
a) iyzico shall have the right to block access to the Platform, especially in the event of the following situations. Access will be restored after the aforementioned situation is eliminated.
– If there is a computer virus threat to the Platform,
– If the user does not provide the information requested from him under this Agreement,
B) iyzico has the authority to audit the services related to this Agreement without prior notice to the User.
6.2. Platform Maintenance, Outages and Troubleshooting
a) iyzico will provide the continuous maintenance, hardware and technical support necessary for the Platform to function properly. In connection with this, iyzico reserves the right to temporarily suspend or limit the operation of the relevant servers in cases expressly stated in this Agreement. In this case, the User is not entitled to any compensation.
B) iyzico does not guarantee uninterrupted operation of the Platform. iyzico will process the payments in a timely manner and will not be responsible for the failure of such transactions due to problems arising from the System Partners, but will endeavor to resolve the said problems as soon as possible and will be in contact with the System Partners.
6.3. Protection of Personal Information
a) In order to ensure that the information belonging to the User is provided only by the Service, the User may process, store and similar transactions by iyzico as specified in the most updated version of the iyzico Privacy & Personal Data Policy published at https://www.iyzico.com/privacy-policy/. accepts that he/she has been informed about how to define and register in the system) and to share it with third parties when necessary. iyzico is aware that personal data is “confidential information”, that it is obliged to show due diligence to ensure the confidentiality of the personal information provided to it for this purpose, and that it will act in accordance with the Law No. 6698 on the Protection of Personal Data and other current legislation.
b) The User accepts and declares that he/she knows that, in cases where iyzico processes a complaint, information regarding the transactions carried out within the scope of the Service and other information belonging to him/her can be forwarded to the Seller and/or Marketplace to the extent necessary for the resolution of the complaint.
7. COMPLAINT PROCEDURE, LIABILITIES FOR ERRORS AND DAMAGES
7.1. COMPLAINT PROCEDURE
a) The user shall submit complaints regarding the services provided by iyzico by sending an e-mail to the e-mail address sikayet@iyzico.com.
b) The user can also initiate a complaint procedure by contacting the Authorized Personnel via the contact phone number.
c) iyzico will do its best to resolve the problem subject to the complaint. iyzico will not be responsible for delays that occur in connection with deficiencies in complaints (lack of notification).
d) Complaints to be made by the user shall contain at least the following details: the reason for the complaint, the list of parties involved in the transaction, the transaction code, if any, and a detailed list of the problem and the content of possible error messages.
e) Disputes between the User and any User or Seller will be resolved between the User and the User or Seller, who is a party to the transaction, and iyzico will not be responsible for these transactions or disputes. If iyzico has to pay a price for any reason (other than its own fault) within the scope of this article, the User shall immediately indemnify it.
g) Complaints will be answered by iyzico within 20 (twenty) days at the latest from the date of receipt.
7.2. LIABILITY ARISING FROM ERRORS AND DAMAGES
a) iyzico will not participate in the supply or return of the products or services offered on the Website to the User. For this reason, iyzico shall not be responsible for the products or services paid for through the Platform, or the fact that the contract between the User and the Seller regarding these paid products or services has been concluded in accordance with the law.
b) iyzico is only responsible for direct damages in case of breach of its obligations arising from the Contract, and shall not be liable for damages caused by third parties or System Partners, which it is not at fault.
c) iyzico shall not be liable for the delay in transferring the amounts to the Seller's account due to the situations that occur due to the incomplete or delay of the transactions due to incorrect or incomplete information entered by the User after the payment order is placed. iyzico shall not be liable for the delays that occur as a result of unforeseen or unavoidable circumstances, the failure to execute the Payment Transaction or the occurrence of an error in the Payment Transaction other than its own fault, or the damages that occur as a result of these.
d) will not act against any of the User's commitments or obligations under this Agreement; In the event that iyzico, its officers, directors and employees suffer a loss or are subject to a legal, administrative or penal sanction due to their behavior, violation of the law or the rights of any third party, the relevant amounts (including attorney's fees) shall be paid at the first request together with their associates. It will be recourse to the User.
7.3. RESPONSIBILITY FOR SUSPICIOUS/UNAUTHORIZED/INCORRECT TRANSACTIONS
a) In case the payment is sent to iyzico by the User, iyzico will transfer the payment to the Seller after the Approval Date, following the completion of the relevant approval processes under the conditions specified in this Agreement and within the rules specified by the Marketplace. In case the payment is not transferred to iyzico due to reasons arising from the User, iyzico shall not be liable to make a payment to the Seller.
b) The User accepts and declares that iyzico's obligation to transfer the amounts sent to iyzico by the User to the Seller will begin after the Approval Date. In case the necessary approvals are not given by the User and/or the Marketplace approval process is not duly completed for any reason, iyzico may return the relevant amount to the User.
c) On the Confirmation Date, the User is deemed to have placed the payment order for the relevant Payment Transaction. If the User makes a notification that the product or service has not been delivered fully and properly, the relevant amount will be returned to the User in line with the notification to be made to iyzico by the Marketplace and/or the User; If no confirmation or rejection notification is made within the procedures and periods determined by the Marketplace, the User shall be deemed to have received the goods or services fully and properly and the relevant amount will be transferred to the Seller's account. If the User does not make any notification regarding the delivery (late or incomplete delivery, defective product, etc.) or if he has made a notification that the delivery has been fulfilled properly, he cannot make any request from iyzico regarding the transfer of the amount to the Seller.
d) If an Incorrect/Unauthorized Transaction notification is made to iyzico regarding any transaction, the User may request a correction or an objection to expenditure pursuant to VISA and Mastercard rules, immediately and in any case, within a maximum of 13 (thirteen) months following the execution of the Payment Transaction. In this case, if the aforementioned notification is proven to be correct, or in case of the System Partner, the relevant transaction fee may not be transferred to the Seller and iyzico can directly return it to the User. The refund will be made within 1 day and iyzico's right to deduct the relevant amount from the payments to be made to the Seller is reserved) will be able to transfer it to the User.
e) iyzico has the right to keep the transaction amounts and not to pay the Seller until the System Partner or the User's approval of the Payment Transaction, in case of Suspicious Transactions and in case of notification by the User or System Partner, especially in the following cases. Payments will not be processed definitively if the suspicious situation is finalized provided that it is documented.
– If there is a suspicion that the Payment Transaction is not in compliance with the legal provisions,
– If there is a suspicion that the Payment Transaction was made without the knowledge of the holder of the credit card used in the Payment Transaction,
– If there is a suspicion that the Payment Transaction is made without the knowledge of the bank account holder used in the Payment Transaction,
– If there is a suspicion that the Payment Transaction is not an actual Payment Transaction (except for tests).
f) In the event that a lost or stolen Payment Instrument is used or that the payment instrument is used by others due to failure to keep personal security information properly, the User shall be liable for the loss arising from payment transactions that he has not authorized, Payment Services and Electronic Money Issuance, Payment Institutions and Electronic Money Institutions. (“Regulation”) is responsible for the part up to the amount specified in Article 45/4. The User is not responsible for any unauthorized payment transactions that occur after the notification made pursuant to the fourth paragraph of Article 44 of the Regulation. In case of fraudulent use of the Payment Instrument or failure to fulfill its notification obligations willfully or grossly, the User shall be liable for all the damage arising from the unauthorized transaction.
8. PRINCIPLES OF PAYMENTS
8.1. GENERAL PRINCIPLES
a) iyzico is responsible for transferring the amounts conveyed to it by the User within the scope of the Agreement to the Seller within the business day following the Approval Date.
b) iyzico does not collect any fee from the User for the transfer of the amount that is the subject of the Payment Transaction made by the User to the Seller, but iyzico reserves the right to unilaterally change the pricing conditions.
c) The User accepts that iyzico is not a bank, credit or financial institution and that the service provided by iyzico pursuant to this Agreement is not a banking service, and that iyzico, as a payment institution, provides payment services within the scope of the Law. In this context, iyzico will not charge interest on the amounts collected within the scope of the Payment Transaction or issue a Payment Instrument, and the User will not demand any interest from iyzico under the name of interest or other benefits. iyzico may not provide loans, installments, payment or payment guarantees for uncollectible amounts, or engage in activities that have this meaning. The user agrees and undertakes not to make any requests from iyzico in this context. However, if the Seller makes installments himself, a payment service for the payment of the installment fees may be offered.
9. TERM AND TERMINATION OF THE AGREEMENT
a) This Agreement will enter into force on the acceptance date of the User and will remain in effect unless terminated by the parties.
b) If the parties do not fulfill their obligations arising from this Agreement, the other Party will give 14 (fourteen) days to remedy the contradiction with a notice to be sent to the other Party to remedy the inconsistency. shall be deemed terminated without notice.
c) The User may terminate this Agreement at any time, without giving any reason, by giving written notice of termination 1 (one) month in advance. iyzico, on the other hand, shall have the right to terminate the Agreement with a written notice of 2 (two) months in advance, without giving any reason and without paying any compensation. It will not prejudice the fulfillment of the obligations subject to this Agreement that are due before the termination date of the Agreement, and the rights of the Parties due until the termination date are reserved.
d) In the event that the permissions and licenses that allow iyzico to provide the Service under this Agreement are terminated in any way and/or the agreement between the Marketplace and iyzico regarding the collection of the sales made through the Website ends, this Agreement will automatically terminate.
e) iyzico may suspend the Service, prevent the use of the Payment Instrument and cancel the Payment Transaction in cases where fraudulent or unauthorized use is suspected. In this case, iyzico will inform the User about the matter, provided that there are no regulations preventing the provision of information in the relevant legislation or there are no objective reasons threatening security, and will re-open the Service and Payment Tool when the reason for blocking disappears. iyzico may also suspend the Service in the event that the User violates this Agreement, until the violation is resolved.
10. MISCELLANEOUS PROVISIONS
a) The terms and conditions to be announced on the www.iyzico.com website for the provision of services by iyzico constitute an annex and an integral part of this Agreement. This Agreement will always be accessible to the User on iyzico's www.iyzico.com website or linked addresses.
b) All kinds of duties, fees and taxes arising from this Agreement shall be paid equally by the Parties.
c) The parties may not transfer or assign the claims arising from this Agreement to third parties under any circumstances without the written consent of the other Party.
d) iyzico may announce any changes in the Agreement on its website and/or publish new versions. Regarding the changes, iyzico sends the notice to the User 30 (thirty) days before the effective date, containing the scope of the change, the effective date and the information regarding the termination right of the User. In this case, the User reserves the right to terminate the Agreement without paying any fee, and if no objection is made within the specified 30 (thirty) days, the change will be deemed to have been accepted.
e) Exceptional events, including war, martial law, mobilization, terrorist acts, natural disasters, fire, strike and lockout, in which the Parties fail to fulfill their obligations due to reasons beyond their own will, which have no means of intervention and which cannot be reasonably foreseen, are considered as force majeure. acceptable. In case of force majeure, the obligations regarding the Contract are suspended until the force majeure ends. If the suspension period exceeds 1 (one) month, the Parties shall have the right to terminate this Agreement.
f) The user shall comply with the laws, the rules of VISA, Mastercard and other payment card institutions and authorities (BDDK, CBRT etc.) and the rules and procedures prepared by iyzico.
g) If any provision of this Agreement is invalid for any reason, the applicability and/or validity of the other provisions or the Agreement shall not be affected by such invalidity.
h) The Parties agree that the records accessible through the Platform or the Management Interface will be accepted as an evidential contract between the Parties.
i) The parties have accepted the authority of Istanbul Anatolian Courts and Enforcement Offices in the resolution of disputes arising from this Agreement.
j) If the parties do not notify the other party in writing of the changes in their addresses specified in this Agreement, the notifications and notifications to be made to the addresses specified in this agreement will be valid notifications. iyzico will make the notifications to the User within the scope of this Agreement via e-mail to be sent to the specified address of the User at the times specified in the Agreement. However, in accordance with Article 18/3 of the Turkish Commercial Code, notifications regarding default by the other party or termination of the Agreement shall be made through a notary public, registered letter, telegram or registered electronic mail system using a secure electronic signature.
