Article 1. Introduction

All policies and rules on the Site form an inseparable part of this agreement as its appendix.

Article 2. Definitions

The definitions to be used within this agreement and their meanings are as follows:

Site: All internet pages consisting of the domain name www.fotokart.shop and its sub-domains.

Fotokart: Fotokart – Süreyya Erişkin, located at Irmak Sok. Pınar Sitesi No:7 E/12 34718 Kadıköy – Istanbul, which owns the Site, operates it, holds all rights, and persons authorized to manage the Site.

User: Natural or legal persons or systems who benefit from the Site’s services without registration.

Buyer: Users who purchase products offered by Fotokart on the Site, conduct transactions, and/or place orders.

Secure Shopping: All services provided on the Site under the conditions specified in this agreement regarding all stages of transactions between Buyer and Fotokart.

Product: Merchandise offered for sale on the Site by Fotokart, with legal responsibility and ownership belonging to Fotokart.

Article 3. Parties

This agreement becomes valid between the Site operated by Fotokart and natural or legal persons defined as Users and Buyers, in all usage situations of the Site.

Users and Buyers are deemed to have read, fully understood, and legally accepted all provisions of this agreement by using the Site.

Article 4. Registration and Membership Conditions

There are no prerequisites for Users. Site usage is entirely the responsibility of Users.

Users can subscribe to Fotokart’s e-newsletter by entering their email addresses in the “E-newsletter” section on the Site’s homepage.

Buyers can first add Products they wish to purchase to their cart by clicking the “Add to Cart” button on the Product detail page, without any pre-registration requirement. To complete the purchase and make payment, the order form must be filled out after clicking the “Make Payment” button, and Buyers can place orders by providing this information completely.

The responsibility for the accuracy of the User’s email address entered during e-newsletter registration and information provided to the Site during the order process belongs to the natural/legal persons providing the information.

Article 5. Rights and Obligations of Users

Users are responsible for protecting their profile login information (username, email, password) created after ordering. Fotokart is not directly or indirectly responsible for damages resulting from users’ own negligence and mistakes. Users accept and undertake that the information they declare within the Site is accurate and lawful. Fotokart is not obligated to guarantee that user information entered and modified in the system by Users is accurate and lawful. Fotokart is also not responsible for damages arising from such information and content being incorrect.

Users can conduct transactions on the Site for lawful purposes while benefiting from the Site’s services. Users bear all legal and criminal responsibility for their transactions and actions within the Site. Users undertake not to reproduce, distribute, or process information published on the Site in a way that would violate personal rights or assets or commercial interests of Fotokart, the Site and/or other Users on the Site.

Fotokart has no responsibility for legal issues that may arise from services provided and content published by third parties, including Users, on the Site. The responsibility for guaranteeing the accuracy and legality of all information and content provided by Users on the Site belongs to the persons creating the content.

Users agree that they must use the facilities provided on the Site for transactions related to purchasing Products offered for sale by Fotokart on the Site and will not use any third-party software, system, or intermediary for shopping.

Article 6. Rights and Obligations of Buyers

Products to be purchased by the Buyer on the Site are added to the cart by Users, and information requested by the Site is completed fully by the User to complete the purchase. The Buyer is responsible for the legality and accuracy of information entered during shopping. The Buyer completes payment for Products subject to purchase using payment options offered by the Site. After payment is completed, the Buyer becomes entitled to receive the products purchased and paid for.

All conditions regarding Buyers’ ordering, order cancellation, and product returns are specified in the Distance Sales Agreement that Buyers will approve before ordering. Buyers accept and undertake to comply with these conditions.

Article 7. Rights and Obligations of Fotokart

Fotokart reserves the right to change services and content offered on the Site, remove information and content registered by Users and Buyers on the Site, delete when deemed necessary, and exercise this right without notice or warning. Fotokart has the right to remove content deemed inappropriate for Site content, prohibited, potentially causing legal issues as evaluated by Fotokart, contrary to morals and social rules, or bearing no responsibility towards personal rights, suspend the content owner’s User account, place it on hold and close it, and initiate legal proceedings when necessary.

All responsibilities that may arise from failure to fulfill requests for changes, corrections, and information requested by Fotokart from Users and Buyers in necessary situations belong to the relevant Users and Buyers. Fotokart has the right to take any action such as terminating the agreement, freezing registration, canceling registration, removing content from publication regarding Users and Buyers after failure to communicate requested information.

Fotokart may use User information on the Site to ensure security, fulfill Site obligations, and develop and improve services offered.

Fotokart accepts and undertakes that Product information and visuals offered for sale on the Site will reflect reality in accordance with the current state of the Product.

Fotokart accepts and undertakes not to offer Products falling within the scope of Prohibited Products for sale on the Site.

Fotokart accepts and undertakes responsibility for all consequences such as order returns, cancellations, damages, compensation, penalties, etc. that may arise from Product information and visuals not reflecting reality, being prohibited or objectionable Products, Products constituting copyright infringement, or Products violating personal rights of third parties.

Fotokart accepts and undertakes that all tax responsibility for Products sold on the Site belongs to itself, and buyers will not be responsible for any taxes arising from sales amounts.

With the approval and validation of this agreement, Fotokart and Users/Buyers are not considered to have established a partnership or employer-employee relationship.

Article 8. Scope of Services, Products and Content on the Site

Fotokart.shop is an online store selling products and/or services over the internet. It is the owner and seller of products and/or services listed on the Site. The Site’s scope is collection, hobby, antiques, and art.

Fotokart has the right to make changes to the Site’s scope.

Article 9. Prohibited Products

Products on the prohibited products list or products and/or services prohibited for sale by legal regulations or that will become prohibited in the future cannot be offered for sale on the Site. Without being limited to the prohibited products list written below, all responsibility for offering prohibited products specified in laws for sale belongs to Fotokart.

Prohibited products list:
• Products subject to state permission for buying-selling
• Alcoholic beverages
• Firearms and knives
• Military equipment
• Stolen goods
• Listening devices
• Smuggled and prohibited import products
• Cultural and natural assets
• Lock picks and lock openers
• Pornographic materials
• Official clothes and uniforms
• Products legally required to be sold with banderoles but without banderoles, pirated or unauthorized printed books and other products
• Fake, Counterfeit or Replica products (Can be offered for sale by indicating this status in Antique-Art category if there are no legal issues)
• TV decoders and encrypted broadcast decoders
• Tobacco products & electronic cigarettes
• Narcotic substances and tools enabling their use
• Goods that do not qualify as Products and are not within Site scope
• Flammable and explosive materials
• Prohibited publications
• Prescription drugs, lenses, products containing indication information
• Veterinary medical products

Article 10. Services

Services offered on the Site are public publishing of Product information within scope, searching within Products and titles, and 100% Secure Shopping service.

Users’ access to Product information and searching on the Site is free provided they comply with rules specified in this Agreement.

Users and Buyers can benefit from 100% Secure Shopping service offered on the Site by using tools, methods and payment options offered on the Site, by fulfilling requirements of this agreement.

Article 11. Fees

Being a User on the Site is free.

Unless otherwise specified, all fees will be accrued and collected in Turkish Lira.

Fotokart reserves the right to determine and revise the scope and fees of Products and/or services offered on the Site according to changing conditions. Fotokart is responsible for publishing current fees on its website and announcing fee changes to existing customers 1 month in advance.

Article 12. Privacy

Conditions that will apply to the use of the Site and services offered on the Site are specified under the Privacy Policy heading. Users and Buyers accept and undertake to comply with these conditions.

Article 13. Intellectual Property Rights

Intellectual Property rights of the Site’s design, software, all text, visual and audio content published on the Site by Fotokart belong to Fotokart. None of these elements can be copied, distributed or reproduced without Fotokart’s permission and approval.

Article 14. Termination

Either party may unilaterally terminate this agreement and its appendices at any time. In such termination, parties will mutually fulfill rights and obligations that have arisen until the termination date. Fotokart has no obligation to pay compensation in case of unilateral termination of this agreement.

Fotokart may immediately unilaterally terminate the agreement and Users’ or Buyers’ memberships in case of violation of this agreement and its appendices by the counterparties to the agreement. In this case, relevant Users or Buyers are responsible for all damages suffered/may be suffered by Fotokart.

Article 15. Disputes

Turkish Law will apply in resolution of legal disputes arising from implementation and interpretation of this agreement. Istanbul Courts and Enforcement Offices will have jurisdiction in resolution of all disputes that may arise between parties due to interpretation or implementation of provisions of this agreement.

Article 16. Duration and Effectiveness

This agreement becomes effective when the User or Buyer begins using the Site and remains valid during the use of services on the Site. After use of services on the Site, provisions of this agreement will be binding on parties in all legal processes related to use.