ALY FOODS
TERMS AND CONDITIONS
This Terms and Conditions (“Agreement”) is signed between ALYFOODS GIDA A.Ş. (“Company”, “Aly Foods”, ‘‘Aly’’ or “Us”) and users (“User/s”, “You” or “Your”). This Agreement shall be effective (i) when You start using the services of Aly Foods or (ii) when You sign in from https://shop.alyfoods.com/ or sign in our store in Shopify. Please read all herein articles and provisions carefully. When You accept the terms of this Agreement or start using our services, you agree, declare and undertake (i) that you have read and understood each line of all of the articles of this Agreement, (ii) that you fully understand, and be bound by the all provisions. In the event that the work and transactions specified in this Agreement are restricted, prohibited or otherwise regulated under your local law, You are solely responsible for benefiting from our services. Aly Foods shall not be liable for your actions which may classify as unlawful under your local law.
1. DEFINITIONS
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Service/s |
The marketplace that enables exclusive food products through an online system via Website. |
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Buyer |
A registered user of Platform Site who will make or has made a purchase of Platform Product of the Platform Site. |
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Website / Platform |
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Company / Aly Foods / Aly |
ALYFOODS GIDA A.Ş. Macun Mah. Öz Ankara Toptancılar Sit. 4. Blok No: 136 Yenimahalle/Ankara, Turkey Central Registration System(MERSIS) No: 0068170702000001 |
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Product Payment |
Per product payment that will be made by the User for order, to the Company. |
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Force Majeure |
Any incident that caused being deemed to include but not restricted to acts of God, Fires, Explosion, Natural Disaster, Floods, Epidemics, Strikes, Lockouts, Labor Trouble, Injunctions, Wars or Riots, Compliance with Laws, Regulations, Order or actions or restrictions caused by the Server Provider. |
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User Information |
All data belonging to users that kept inside the Aly Foods’ servers. All of the information including but not limited to data created or provided by the User. |
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Iyzico |
A payment service provider company, titled as iyzi Ödeme ve Elektronik Para Hizmetleri A.Ş. |
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Platform |
The website(s) of Aly Foods. |
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Product |
Any item that is offered for sale by Aly Foods. |
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Server Provider |
Cloud storage provider companies. |
2. REPRESENTATIONS AND WARRANTIES
Each Party represents and warrants that:
(a) It will make no false or misleading representations, warranties or guarantees with respect to the other Party and all material aspects of the other Party’s business including but not limited to its products and services.
(b) It has the authority and capacity to enter into this Agreement and it is not subject to any restrictive covenant or other legal obligation which prohibits it from performing its obligations hereunder.
(c) It shall perform its obligations under this Agreement in a timely and efficient manner and with reasonable care and skill.
(d) If a User is signing this Agreement on behalf of an entity, the individual accepting this Agreement represents and warrants to the Company that User have the authority to bind the entity to this Agreement and agrees on the Entity’s behalf to be bound by this Agreement.
3. LICENCING & OWNERSHIP
Other than the User Content, Unless otherwise specified any content, visual design, graphics, information, data, coding, product software and any data provided or produced by and subject to the rights of Aly Foods shall be under the ownership of Aly Foods. The access right provided by Aly, under the Services, to the Users grants the User a limited, revocable, non-exclusive, non-sublicensable, non-transferable right to use and does not grant any right to claim ownership, etc., on any content owned by Aly Foods. However, it should be noted that Aly Foods has the right to access and share Customer User Information and some of details, Security of the Services.
Save as provided in this Agreement, Participant agrees not to transfer, copy, modify, alter, adapt or create derivative works based on the materials approved by Platform and Aly Foods without obtaining their respective written consents. Participant is not allowed to use, apply for registration, or register such items identical with or similar to any trademarks, registered or unregistered, trade names, logos and domain names of Platform, its affiliates or the Platform Site, including Aly Foods.
Aly Foods ensure the Users a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to download and use Aly Foods’ Website strictly to access and use the Services solely in accordance with this Agreement. Within this scope, Users obtains no additional rights regarding Aly Foods (in general over the Website), including any related Intellectual Property Rights.
Aly Foods will take technical and organizational security measures to keep Users Data safe. Security measures are aimed for (i) the protection of the User Data, against any unauthorized access and (ii) to keep the Services work properly. However, in addition, the User shall take the necessary measures to ensure ultimate security of their Market and User Information. In this context, the User accepts (i) that Aly Foods cannot be responsible from all security breaches and (ii) that the User is responsible for all errors and their direct or indirect consequences that may occur in his / her software and operating systems upon using Aly Foods’ Services.You are responsible for maintaining the secrecy of your unique password and account information, and for controlling access to your email communications from Aly Foods and Shopify, at all times. Aly Foods is not responsible for the functionality or security measures of any third party. For more information on the security of your data while using third party websites and services, please refer to the Privacy Policy and other relevant documentation of the third party website and service in use.
Compromise of information: In the event that any information under our control is compromised as a result of a breach of security, Aly Foods and Shopify will take reasonable steps to investigate the situation and where appropriate, notify those individuals whose information may have been compromised and take other steps, in accordance with any applicable laws and regulations.
Users shall take necessary measures to protect User Content and protect their account against unauthorized access. Users shall notify the Shopify and Aly Foods immediately, in case of an unauthorized access to their account or sufficiently suspected on a breach of the security and privacy of Users Content.
5. USAGE LIMITATIONS & PROHIBITIONS
Users are prohibited to use the Service or keep User Content in their account (i) for any illegal purpose or (ii) to violate any local, state, national or international law. Users are prohibited to violate or encourage others to violate, any right of a third party or Aly Foods itself, including by infringing or misappropriating any third-party’s intellectual property rights and interfere with security-related features of the Service, including by disabling or circumventing features that prevent or limit access to the Services or reverse engineering or otherwise attempting to discover the source code of any portion of the Markets except to the extent that the activity is expressly permitted by applicable law.
Accessing the account of Aly Foods or the Services by the illegal methods and uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code, attempting to collect personal information about another user or third party without consent, interfering with or disrupting any network, equipment, or server connected to or used to provide, perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, or accessing any other User’s account without permission are strictly prohibited.
6. PAYMENT
Users shall pay their fees per product they purchased. All the payments will be made by Iyzico. If your payment method fails or your account is past due, we may collect amounts owed by charging other payment methods on file with us, retain collection agencies and legal counsel, suspend or limit Services. Aly Foods, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report.
7. DISCLAIMER
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF SERVICES IS AT YOUR OWN RISK. YOU ACKNOWLEDGE THAT ALY HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING WHICH USERS GAIN ACCESS TO OR USE THE ACCOUNT AND SERVICES, WHAT EFFECTS THE CONTENT MAY HAVE ON YOU, HOW YOU MAY INTERPRET OR USE THE CONTENT, OR WHAT ACTIONS YOU MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. YOU RELEASE ALY FROM ALL LIABILITY FOR YOU HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICE. ALY FOODS MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES AND ALY FOODS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES.
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
ALY FOODS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ALY FOODS ACTIVITY AND SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE ALY FOODS’ SERVICES AND PRODUCTS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ALY SERVICES IS AT YOUR SOLE RISK.
8. LIMITATION OF LIABILITIES
8.1. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT OF THIS AGREEMENT. NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST PLATFORM PURSUANT, OR IN ANY WAY RELATED, TO THIS AGREEMENT MORE THAN ONE YEAR AFTER THE TERMINATION OF THIS AGREEMENT.
8.2. In the event that a User violates the Agreement or uses the Services for unlawful purposes, Aly Foods has the right to (i) terminate or suspend the Agreement, and (ii) restrict or close access to the User Content and/or Services, with its sole discretion. In the event that Aly Foods directly or indirectly incurs any damage due to the circumstances and conditions, Aly Foods reserves the right to reclaim these damages from the User concerned.
8.3. ALY FOODS IS UNDER NO CIRCUMSTANCES RESPONSIBLE FOR THE PRACTICES, ACTS OR OMISSIONS OF ANY THIRD PARTY OR ANY WEBSITE, OR THE CONTENT OF ANY WEBSITE OR THAT ANY PARTY MAKES AVAILABLE. ALY MAKES NO REPRESENTATION OR GUARANTEE WITH RESPECT TO THE AVAILABILITY OR UPTIME OF THE NETWORK, THE TRACKING FUNCTIONALITY, OR ANY PARTICIPATING SITE AND CONTENT. PLATFORM MAY CONDUCT MAINTENANCE ON ANY OF THE FOREGOING AT ANY TIME WITH OR WITHOUT NOTICE TO PARTICIPANT.
8.4. In no case shall Aly Foods, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions or states do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
9. INDEMNIFICATION
Users agree to release and to indemnify, defend and hold Aly Foods, and its affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives, harmless from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever arising of resulting from Users use of the Services, Users violation of the Agreement, and any of the Users acts or omissions that implicate publicity rights, defamation or invasion of privacy. Aly Foods reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by User and, in such case, Users agree to cooperate with Aly Foods in defense of such matter.
In the light of this agreement, you agree that the Turkish Law as the applicable law, and the laws of Turkey, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Aly Foods.
11. ALTERATIONS
Aly Foods reserves the right to amend, update and make any additions to this Agreement, to the extent required. This change will be notified via e-mail, website Applications pop-up to Users before it is applied. If Users continue to benefit from the Services, Users will be deemed to be aware of and approve the new version of the Agreement and all the amendments. By accepting the updated version of Agreement, and/or keep using the Services, all previous Agreements or any other User’s agreements shall be terminated.
12. TERMINATION AND SUSPENSION
Aly Foods may terminate and suspend all or a part of the Services and your access to the Services immediately, without prior notice or liability, if you breach any provision and/or article of the Agreement. Upon termination by Aly Foods, Your access and Your right to use the Services shall immediately cease.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
All purchases of physical items from Aly Foods are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
14. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
15. ASSIGNMENT
This Agreement and the rights, duties and obligations hereunder may not be assigned or delegated by Users without the prior written consent of the Aly Foods. Any assignment of rights or delegation of duties or obligations hereunder made by Users without such prior written consent of Aly Foods shall be void and of no effect.
16. RETURNS AND REFUND
It is the User's obligation to ensure that the delivery address provided to Aly Foods for the delivery of the products is complete and correct. If the delivery address entered by the User is incorrect or if delivery cannot be made due to similar reasons, Aly Foods will contact the User and the item will be returned. In this case, the User accepts and undertakes to make the return payment as much as the delivery payment due to the return.
You must return the product(s) you want to return with the original box/package and all the accessories, along with the invoice. Returns of single-use products and products that deteriorate quickly or are likely to expire are not accepted.
You need to contact us and report in accordance with the contact information on our website regarding the product you will return. Products that will be sent back without a return notification will be sent back to the customer. Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days. If the product you claim is defective is evaluated by Aly Foods and the fault is detected by us, the product will be replaced with a new one. If the faulty of an ordered product has occurred due to customer use, the product cannot be returned or exchanged. As a product return and replacement conditions, practices are required in accordance with the Law No. 6502 on Consumer Protection.
Please, consider that we don’t guarantee that we will receive your returned item. We only replace items if they are defective or damaged. If you need to exchange it for the same item, send us an email at info@alyfoods.com and send your item to: Organize Sanayi Bölgesi 16. Cad. No:6 , 19100 Çorum / Turkey.
17. USER’S RESPONSIBILITIES
18.INTELLECTUAL PROPERTY
All intellectual and industrial rights of the Platform belong to Aly Foods. Unless explicitly permitted by Aly Foods, the content of the site and the application can not be copied, reproduced, reproduced, modified, sold or disseminated. Any content on the Platform cannot be interpreted in a way that gives Aly Foods the right to exercise intellectual property rights.
19. NOTIFICATIONS
Notifications that may need to be made pursuant to the Agreement shall be made by e-mail to the specified e-mail address during the registration process. As long as the User does not change his/her e-mail address registered on the Website, the contact information saved in the system will be deemed correct. If the User changes his/her e-mail address registered on the Website, all User communications and contact information will be followed by help@alyfoods.com Unless the User changes his/her e-mail address on the website, all notifications sent to the last known e-mail address will be deemed valid, binding and duly served. All of the communications and notifications must be in the English language.
If you have any questions about this Terms and Conditions or the Aly Foods’ Products and Services, please contact us at help@alyfoods.com