Welcome to FLOWERBOX.COM.TR USER AGREEMENT!
BY REGISTRING ON OUR WEBSITE, YOU CONFIRM THAT YOU HAVE READ, UNDERSTOOD AND ACCEPTED THE TERMS AND CONDITIONS MENTIONED BELOW.
Flowerbox User Agreement (which will be addressed as ‘User Agreement’ within this document) which is composed of additional clauses from which it can’t be separated, between CB TASARIM PEYZAJ DEKORASYON INSAAT SAN. Vs TIC. A.S. and the user is prepared with the purpose of the user to register to the website. It is prepared on the electronical environment the moment the user agrees to these terms and conditions.
By registering to the site, you accept, declare and confirm that you have read and understood the whole agreement and its terms.
FLOWERBOX: CB TASARIM PEYZAJ DEKORASYON İNŞAAT SAN. ve TİC. A.Ş.
User: The person or organization that has registered to the site and will benefit from the services provided by our website within the terms and conditions of the User Agreement.
Buyer: The user who purchased the services or products provided by the Seller in order to use them.
Seller: The user who has made the services on the website available for sale to the Users, with the reserved rights and authority on the products/services.
Site: The website and all the subpages that are composed of www.flowerbox.com.tr handle.
Flowerbox Services (shortly ‘services’): Applications that are placed within the website, in order for Flowerbox to provide the services and products mentioned in the User Agreement. Flowerbox reserves the right to make changes and alterations to its services and products in order to provide the services mentioned in the User Agreement more efficiently. The effect of the changes and alterations on the responsibilities of the Users, will be announced by Flowerbox on the relevant boards where the usage of the services are explained.
Zero Risk System: Service provided by Flowerbox within the terms of the User Agreement, in order for the payment made for the service to be executed.
Safe Account: The pool bank account that is managed by Flowerbox, in order to execute the Zero Risk System.
Product: All Services and/or products which are placed on the website for sale.
Buy Now: The format where the seller has determined and fixed the price for the sale.
3. Subject and Extent of the Agreement
3.1 Subject of the User Agreement, are composed of determining the rights and responsibilities of the parties for the Services and conditions of benefiting from these Services.
3.2 The extent of the User Agreement are statements made by Flowerbox such as warnings, written communications and explanations in order to determine the conditions of usage, membership and services within the website.
3.3 By agreeing on the User Agreement, you accept that you will be responsible for acting in accordance to the statements made by Flowerbox regarding membership, usage and services.
4. Conditions of Membership and benefiting from the Services
4.1 Membership is valid only after the User has provided the necessary ID information and the membership is confirmed by Flowerbox. Without the membership process’ completion, one cannot have the right and authority to be a User as mentioned within the User Agreement.
4.2 In order to be a member to the website, one needs to be an adult and as the condition 5.2 grants, the person should not be temporarily or permanently suspended from membership. Non-adults and persons who have been suspended from membership temporarily or permanently by Flowerbox, will not be granted status of User as mentioned in the User agreement, even if the membership process is completed on the website.
5. Rights and Responsibilities
5.1 Rights and Responsibilities of the User
a) User accepts, declares and confirms that he/she understands and agrees to all the terms and conditions mentioned in the User Agreement while completing membership procedures, benefiting from the services provided and completing any transaction within the website.
c) The security, discretion and keeping the information from being seen by third parties of vessels used by the User in order to access the services provided by flowerbox (username, password etc.) are completely under the User’s responsibility. The security, secrecy and the privacy of the information in devices used by the User to Access the system are under the User’s responsibility and Flowerbox has no direct or indirect responsibility for the damages of the Users or Third parties under these circumstances.
d) User accepts, confirms and declares that the information provided by them are correct and are in accordance with the laws. Flowerbox is not responsible to fact check and guarantee the accuracy of the information provided by the User on the Flowerbox website. Flowerbox has no direct or indirect responsibility for any damages caused by the wrong information provided by the User.
e) Users cannot transfer their responsibilities or rights, partially or totally, to a third party without the written consent of Flowerbox.
f) Persons who use the Site or benefit from Services provided by Flowerbox can only complete transactions for purposes within the law. Any transaction completed by the user and its legal consequences are in the User’s responsibility. Every user agrees, declares and confirms that they will not reproduce, copy, distribute, alter or propagate the contents such as pictures, texts, visuals, auditory, video clips, documents, databases, catalogues and lists in a way that violates the rights of Flowerbox or third parties. The User also agrees, accepts and confirms that by actions mentioned above or under any circumstance, they will not compete with Flowerbox. Flowerbox cannot be held responsible for the direct or indirect damage caused to third parties by the use of the contents of the Site by the User outside or within the legal boundaries.
g) The employees and executives at Flowerbox do not bear responsibility for content or services which are published on the Site by third parties including the Users. The responsibility for the accuracy of visual or auditory information and content are totally under the responsibility of the person or people who execute their entry. Flowerbox does not guarantee the security, accuracy or lawful compatibility of the content and services provided by third parties.
h) Users have to execute the buy or sale of the products they make available on the side according to the Zero Risk System with the reserved rights on some situations which are mentioned on this agreement.
ı) The User accepts, confirms and declares that they will share accurate information in case of obtaining the right to joining a draw through the site of Flowerbox with the people or organizations that are related to the draw and that they will not hold Flowerbox responsible for any compensation for sharing their information.
i) The User accepts, confirms and declares that, they will not complete any transactions to transfer money to someone they know or get into activities that will manipulate the way the Site operates, and that they will compensate Flowerbox for any damage caused by such actions.
5.1.1. Rights and Responsibilities of the Buyers
a) The buyer accepts the product description, conditions determined by the Seller and methods of the sale by clicking ‘buy now’ button and completing the order.
c) The buyer will make the payment to the Safe Account that Flowerbox manages, by using Zero Risk Systems services for the products that they purchase. The amount will be paid until the Seller delivers the products physically and User receives and accepts it.
d) The buyer declares and accepts that, they will send a request for transaction after three working days + 24 hours to Flowerbox for the payment to be sent to the Seller’s account after the delivery information for the product is sent. The buyer accepts, declares and confirms that, in case they don’t accept the products sent to them by the Seller, they will return the Product back to the Seller and will ask Flowerbox for a refund. The User accepts, declares and confirms that, their refund will only be completed after the Seller has informed Flowerbox that they have received the product.
e) The buyer accepts and declares that, Flowerbox is not required to guarantee that they are informed about the fact that the products on sale are deficient and/or smuggled and/or banned, about its originality, quality or the accuracy of the information which is provided visually or in writing.
f) The buyer accepts, declares and confirms that, in any part of the sale process and for any reason, if the seller decides not to sell the product or make the delivery or cancels the orders, Flowerbox will not be held responsible and that the buyer will not ask for any compensation or the equivalent of the product that they were trying to buy from Flowerbox under any circumstance.
g) The user accepts, declares and confirms that, after the VAT (KDV) tax and process fee is deducted from the funds that they send to the Safe Account, after the responsibilities mentioned in 5.1.1 (d) of this agreement are fulfilled by the buyer and the funds will be transferred to the bank account that the seller has provided to Flowerbox, and that during this process, Flowerbox will not use or process the funds made available by the buyer in the Safe Account.
h) The buyer accepts, declares and confirms that they accept the distance agreement and preliminary information form in accordance with clause 4077 of Law on Protection of Consumers and Distance Agreements Act.
ı) The buyer accepts, declares and confirms that they will accept the agreement and preliminary information form made which includes their personal information and the information provided by the Seller about the sale, within the framework of clause 4077 of Law on Protection of Consumers and Distance Agreements Act.
i) The buyer accepts, declares and confirms that they are informed that the preliminary information form and the distance agreement are prepared in accordance to the Seller’s declarations; Flowerbox is not a party in any disagreements on the preliminary information form or the distance agreement and that the seller are the only responsible party for the preliminary information form, distance agreement and/or the products which are the subject of the sale. The buyer also accepts that Flowerbox holds no legal responsibility about the demands on subjects mentioned above.
j) The buyer confirms, understands and accepts that Flowerbox which does not hold any responsibility; is not a party to the sale of the product or the preliminary form or the distance agreement within the scope of clause 4077 of Law on Protection of Consumers and Distance Agreements Act which includes the Seller, provider, producer, franchise holder, agency, advertiser. The buyer also confirms, understands and accepts that, Flowerbox is not a party to the preliminary information form or the distance agreement.
5.1.2. Rights and Responsibilities of the Seller
a) The seller accepts, declares and confirms that the ownership of the product/products in sale on the Site are theirs and that they have the right to pass the ownership and there are no legal or any sort of barrier to the sale of these product/products.
b) The seller has the right and authority to display a product for sale to be bought by the ‘buy now’ option. The seller accepts, declares and confirms that the Buyer has the right to the product after they have accepted that they will pay for the price of the product by pressing ‘buy now’ button and sending the Money to the Safe Account.
c) The seller accepts declares and confirms that, the products presented on the Site are in line with the rules mentioned in the User Agreement and various sections of the Site about the banned products, membership and usage of the services provided in the Site.
d) The seller accepts that Flowerbox is not in a direct or indirect relationship with them on the sale and presentation of the product and that they have full legal responsibility for the Products presented on the Site.
e) The seller accepts, declares and confirms that, they are the sole responsible party to make sure the products presented on the Site are not banned and their sale and presentation are in line with the related laws.
f) The seller accepts, declares and confirms that they can ask Flowerbox for the funds to be transferred from the Safe Account to their account after the Buyer receives the product or for the money to be transferred back to the Buyer in case the Buyer doesn’t accept the delivery and returns the product back to the Seller.
g) The seller accepts, declares and confirms that they will deliver the Product in time, without damage, in line with the descriptions on the Site without fault; and that they are solely responsible for the sale of the Product to the Buyer and the transfer of ownership.
h) The Seller accepts, declares and confirms that, the amount kept in the Safe Account will be transferred to the account that the Seller has given to Flowerbox after the VAT is deducted and the Buyer has fulfilled their obligations mentioned in this agreement’s section 5.1.1(c). The Seller also accepts that Flowerbox has no possession of the Buyer’s money during this process which is in the Safe Account.
ı) The Seller accepts, declares and confirms that, Flowerbox cannot be held responsible in case the Buyer decides to cancel their order of the Product they sell for any reason; and that they cannot expect a resale of the product on the conditions that the Buyer has created or to be compensated.
i) The seller accepts, declares and confirms that, in case there are any damages caused to Flowerbox because of the violation of the clauses of this agreement, they will compensate Flowerbox; and if there is any balance in the Safe account, Flowerbox can compensate themselves for the damages without any notice or warning.
j) The Seller accepts, declares and confirms that during or after the completion of payment to them for the sale process; they are solely responsible for any damages caused to the Buyer or the third parties and that the Seller will pay for any legal costs caused by the violation of the contract on their behalf. Flowerbox has the right to pass any legal costs to the Seller in case of a legal action by the Buyer or effected third parties.
k) The seller accepts, declares and confirms that they will create a preliminary information form and a distance agreement in light of the information provided to them by Flowerbox in accordance with the clause 4077 of Law on Protection of Consumers and Distance Agreements Act.
l) The seller accepts, declares and confirms that they are responsible for the accuracy of the information about the product and the User provided in the preliminary information form and distance agreement and that Flowerbox is not responsible to fact-check the information provided by them.
m) The Seller accepts, declares and confirms that they will abide by the rules in the preliminary form and the distance agreement which are prepared in accordance with clause 4077 of Law on Protection of Consumers and Distance Agreements Act.
n) The Seller accepts, declares and confirms that they will act according to the clause 4077 of Law on Protection of Consumers and Distance Agreements Act and they will not create any processes or make statements that would bypass the provisions of the mentioned law.
o) The Seller accepts, declares and confirms that in line with clause 4077 of Law on Protection of Consumers and Distance Agreements Act, they have all responsibility towards the Buyer and that they have the responsibility for any disagreements caused by the preliminary information form and distance agreement; and that Flowerbox has no responsibility on these matters.
ö) The Seller accepts, declares and confirms that they accept all the responsibility according to the preliminary information form and distance agreement’s User Agreement.
5.2. Rights and Responsibilities of Flowerbox
a) Flowerbox reserves the right to change the Services and content provided in the Site; to restrict access to and erase the information provided by the Users from the third parties and the Users. The Users has to make changes asked by Flowerbox in the shortest notice and Flowerbox can exercise this right without any notifications. The changes requested by flowerbox, can be carried out by Flowerbox if seen fit. The Users hold total legal responsibility for the damages caused or which may be caused by not changing the information as asked by Flowerbox.
b) Flowerbox may provide ‘links’ to sites of third party sellers, suppliers or content and portals run by third parties. These ‘links’ may be provided to the Users by Flowerbox for ease of referencing and may not be put up in order to support or the guarantee the information provided by a website or the persons running a website. Flowerbox does not accept any responsibility for the access or the products presented by these portals, websites, files and contents that can be reached via ‘links’ on the website.
c) Flowerbox is not to be held as a mediator or referee on disagreements between the Users or on Products presented on the Site.
d) The membership of a Seller; who provides the sale of products mentioned in the Banned Products section of the User agreement or does not follow the rules mentioned on the Site, may be terminated temporarily or permanently.
e) Flowerbox may carry out content scanning on messages sent by the Users, in order to spot messages or contents that does not abide by Site’s rules or general moral rules which can’t be acceptable by Flowerbox. Flowerbox may also remove these messages. Flowerbox may warn the User who created this content in writing and/or end or suspend the User’s membership without any notice.
f) The Users and Flowerbox are legally independent parties. There are no partnership, franchise or employment relationships between them. The acceptance of the User Agreement, does not grant a partnership, franchise or employment relationship.
g) The ‘usernames’ or company names entered in the system while registering to the site are also subject to the provisions of this User Agreement and the ‘usernames’ or company names in the system should not violate legal rights of third parties on copyrights, brand names and commercial title. In case the user does not abide by these regulations, Flowerbox may ask the User to correct the problematic entry; or permanently or temporarily suspend their membership.
ı) Flowerbox will investigate claims of intellectual property and brand name violations made via Right Ownership Protection Programme. Flowerbox reserves the right to remove Products from the site provided by the Users and suspend or cancel the User’s membership.
The essence of the Services provided by Flowerbox, are to enable communications of Users via Site and to create the infrastructure for safe payment transactions.
6.1. Services provided for Offers and Sales:
a) Sellers make use of the service of presenting their products to a member audience to be viewed in order to create a competitive market price.
b) Sellers and Buyers make use of the infrastructure of the Site in order to determine the sale price, conditions of delivery and payment methods according to the pricing methods determined by the Seller.
7. Additional Services
Users may make use of the Additional Services by making the according payments for the Additional Services determined by Flowerbox. Additional services include but are not limited to, Shop Service, Shopwindow Service and Listing Service.
Changes made to Flowerbox service charges will take effect the moment the change is announced and in case there is a promotion about the price, will carry on until the end of the mentioned promotion. Unless stated otherwise on the Site, all the Services provided through the Site will be billed and paid for in Turkish Liras (TL).
9. Confidentiality Policy
Flowerbox may use the information about the Users, accordingly to the Confidentiality Policy. Flowerbox may not provide the private information of the Users to the third parties except for the situations where it is mentioned in the Confidentiality Policy of the User Agreement.
10. Other Commands
10.1. Intellectual Property rights
a) All elements of the site (including but not exhaustive of design, text, images, html codes, other codes etc) belong to Flowerbox or are used under licence agreements with Flowerbox. Users can not reproduce, sell, share, distribute, present, make copies of, create work based on or make available the information that are subject to copyright of Flowerbox. In case the material mentioned are used, the party that used them will be responsible for the legal costs, damages and other expenses caused by the act ,of licence provider and third parties.
b) Flowerbox reserves all copyrights and know-how rights of Flowerbox Services, Flowerbox information, work within Flowerbox copyrights, Flowerbox commercial brands, Flowerbox commercial look or any material or intellectual property they own through the Site.
c) The Users accept, declare and confirm that they will abide by the rules on how to use the brand and logo of Flowerbox.
10.2. Modifications of the agreement
Flowerbox can change the User Agreement and its addition in a timeframe where they see fit by announcing it on the Site. The changes of this User Agreement will take effect on the date of the announcement and the unchanged statements of the agreement will stay the same. The User Agreement cannot be changed by one sided statements of the User.
10.3. Coercive reasons
In any situation where it will be counted as Coercive reason legally, Flowerbox cannot be held responsible for late or incomplete executions of this User Agreement’s regulations. In these kinds of situations Flowerbox cannot be asked for compensation for delays, incomplete or non-execution of orders. The term “Coercive reasons” are situations where the concerned party has no reasonable control on or way to prevent events which include but are not exhaustive to natural disasters, riots, wars, strikes, communication problems, infrastructure or internet problems, electricity outage and bad weather conditions.
10.4. The application of Law and Authority
In the application and interpretation of this agreement, Turkish Laws will be applied. Istanbul Courts and Enforcement Offices have the authority in case of any disagreements on the User Agreement.
10.5. Termination of the Contract
This User Agreement is in place as long as the User is a member of the site and will continue to create consequences. The agreement is no longer valid if the User’s membership term has ended or the membership is suspended temporarily or permanently. Flowerbox can terminate this agreement in situations mentioned below and the User will compensate Flowerbox on any damages caused by the termination:
a) Presentation of products branded as Banned Products on the Site by the Seller and the establishment of this situation by Flowerbox.
b) The manipulation of the site by the User by any means.
c) In case the User makes the User profile created for their company in the Corporate section of the site available to third parties or transfer the User account.
d) In case the User gets into acts that violates the rights of or carries the risk of violating rights of third parties.
e) In case the User doesn’t use the Zero Risk System for the payments of the products they made available.
11. Additional Clauses
The User accepts that the rules mentioned here are an addition to the User Agreement and are an inseparable part of it. The users also accept that they have read the rules below and agree to them.