Vefark | Terms of Use

Thank you for using Vefark! These Terms of Use (“Terms”) govern your use of our applications, products, services and website (“Services”). These Terms constitute a binding agreement between you and VEFA ULUSLARARASI TOPTAN GIDA PAZ.SAN.TİC.LTD.ŞTİ (“we” or “us”). By accessing or using the Services, you signify your acceptance of these Terms.

1.1 These Terms are between VEFA ULUSLARARASI TOPTAN GIDA PAZ.SAN.TİC.LTD.ŞTİ and you.

1.2 We and our affiliates provide technical and operational support for our Services. You may pay for multiple orders in one transaction through Vefark and these orders may be delivered in a single package.

1.3 Use of the Services is also subject to additional policies (“Policies”) which we may publish from time to time. In the event of any inconsistency between the Terms and the Policies, the Policies will prevail.

1.4 Dispute Resolution: Section 19 below contains provisions requiring disputes between us to be resolved by arbitration. By agreeing to these Terms, you agree that you waive your right to bring a class action lawsuit and be tried in court.

1.5 These Terms may be modified at any time in our sole discretion. When changes are made, the updated Terms and Policies will be posted on Vefark and the “Last Updated” date will be updated.

2.1 To use the Services, you must be at least 18 years of age and able to enter into a legally binding contract. Minors between the ages of 13 and 18 may use the Services only with the supervision and permission of a parent or legal guardian.
2.2 Requirements for you to use the Services:
- You must be legally authorized to contract.
- You must not be on a list of legally prohibited persons or organizations.
2.3 You may need to create an account to access some of our Services. You must provide accurate and up-to-date information when creating an account. You are responsible for all activities that occur under your account.

3.1 You must use the Services solely for your own use and in accordance with applicable law. You agree not to take any of the following actions when using the Services:
- Violate the rights of others.
- Engage in illegal, harmful or abusive behavior.
- Compromise the security of your account.
- Disrupt the proper functioning of the Services.
- Violate any applicable laws.
3.2 You must not create or share more than one account.

4.1 Our Privacy Policy explains how your personal information is collected, used and protected when you use our Services. By using our Services, you agree to comply with our Privacy Policy and Cookie Policy.

5.1 You consent to receive emails, text messages and mobile notifications from us. It is your responsibility to keep your contact details up to date.
5.2 If you do not wish to receive marketing emails, you can unsubscribe from our marketing email list by following the unsubscribe options within the marketing email.
5.3 Our communications may be through a third party service provider. Subject to our Privacy Policy, you agree that your communications with us, our agents, may be recorded, monitored and stored for quality control and training purposes or to protect your interests and our interests.

6.1 “User Submission” means anything provided by you through the Services, including suggestions, comments, reviews, ratings, photos, videos or other feedback or materials, and may be viewed by other users. Any User Submission you post to your Account must not contain obscenity, violence, sexual content or abusive language.
6.2 For all User Submissions, you grant us a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable, sublicensable right and license. This right and license includes the right and license to use, license, store, display, reproduce, reproduce, save, modify (for example, to make the User Submission viewable on different systems and devices), create derivative works, publicly perform, publicly display, distribute, translate, or otherwise act in any manner we deem necessary to operate, market and advertise the User Submissions.
6.3 All User Submissions (including username) are acknowledged and agreed to be confidential and non-proprietary. We may display, disclose, reproduce, modify, license, transfer, distribute and otherwise use the User Submissions without restriction.
6.4 You warrant that you own or control all rights in and to the User Submissions and that the use of the User Submissions by us will not infringe the rights of any third party.
6.5 We do not endorse User Submissions and they do not represent our views. We are not responsible for User Submissions or any damages resulting from them. You acknowledge that User Submissions are visible to other users and you are expected to maintain a high standard of integrity, particularly with respect to product reviews and ratings. You warrant that User Submissions are made in good faith based solely on your personal experience. You also undertake to prominently indicate if a User Submission is sponsored or paid for in any way. We have no obligation to pre-screen User Submissions, but we reserve the right to pre-screen, reject, exclude or remove any User Submission for any reason or no reason. By agreeing to these Terms, you provide your irrevocable consent to such monitoring. You agree that you have no expectation of privacy regarding the transmission of your User Submissions. You agree that if we review, reject, exclude or remove any User Submission in advance, we will do so for our own benefit and not for your benefit. Without limitation, we have the right to remove any User Submission that violates these Terms or is otherwise objectionable.

7.1 You acknowledge and agree that all materials displayed, performed or accessible on or through the Services, including text, graphics, data, articles, photographs, images, illustrations and User Submissions (collectively, “Content”), are protected by copyright and/or other intellectual property laws worldwide. You will comply with all copyright notices, trademark rules, information and restrictions contained in the Content and will not copy, reproduce, modify, translate, publish, transmit, distribute, perform, upload, display, license, sell, sell or otherwise use any Content not owned by you without written permission.
7.2 We respect the intellectual property rights of others and reserve the right to delete or disable Content that allegedly infringes another person's intellectual property rights and terminate the accounts of alleged infringers. See our Intellectual Property Policy for how to report potentially infringing content.
7.3 You acknowledge and agree that we own or license the Services. You will not use, modify, publish, transmit, transfer, sell, create derivative works from, or otherwise exploit any part of the Services for any purpose other than as expressly set forth in this Section 7.
7.4 Subject to your compliance with these Terms and applicable policies, rules and guidelines and payment of applicable fees and taxes, we or our content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable, non-sublicensable license to access and make personal, non-commercial use of the Services for the purpose of using Vefark. All rights not expressly granted to you in these Terms or any policies or guidelines are reserved by us or our licensors, suppliers, publishers, rights holders or other content providers. Licenses granted terminate if you fail to comply with these Terms or any applicable policies, rules or guidelines.
7.5 We prohibit commercial use of information provided on the Services or use of the Services for the benefit of any other business, unless otherwise expressly authorized in advance. You may not contact Users in any way for business proposals, contracts or other purposes not related to the Services. We reserve the right to refuse service, terminate accounts and/or cancel purchases if you violate this provision.

8.1 You acknowledge and agree that all Content publicly posted or privately transmitted through the Services belongs solely to the person who posted or transmitted it. Your access and use of the Content and your interactions with other users are at your own risk. We are not responsible for the accuracy or inaccuracy of the Content. We do not control the Content and have no responsibility for how you interpret, use or react to the Content. We are under no obligation to review or monitor the Content and we do not endorse, sponsor or make any representations regarding the Content. We cannot guarantee the identity of the people you interact with while using the Services and we are not responsible for their access to the Services.
8.2 You are responsible for all Content that you contribute to the Services and you represent and warrant that you have the right to contribute such Content to the Services in such manner.
8.3 The Services may contain links or connections to third party websites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies or practices, or opinions expressed on these third party websites or services. We also have no obligation to, and do not, monitor, verify, censor or edit the content of third party websites or services. You acknowledge and accept the risks associated with your access to or use of third party websites or services. When you leave the Services, we encourage you to read the terms of use and privacy policy of the third party website or service you are visiting or using.
8.4 Your interactions with other users, organizations or individuals as a result of your use of the Services will be solely between you and those third parties; however, we reserve the right to intervene in those interactions. You should carry out such research and/or seek professional advice as you consider necessary before engaging in any interactions with these third parties. You agree that we are not responsible for any loss or damage of any kind incurred as a result of these interactions.

9.1 We do not accept responsibility for any disputes between users. If you have a dispute with another user or any third party on Vefark, we are under no obligation to intervene. To the fullest extent permitted by applicable law, you hereby waive and agree to hold us, our parent companies, affiliates, directors, officers, employees, agents and successors and assigns harmless from and against any and all claims, demands and damages of any kind (known or unknown, suspected or unsuspected, disclosed or undisclosed).IN ENTERING THIS WAIVER, YOU EXPRESSLY ACCEPT ALL COVERAGE NOT LIMITED TO CLAIMS KNOWN OR SUSPECTED.

10.1 It is your responsibility to read the product listing before purchasing the complete Products. The prices in the product listing do not include any applicable fees, customs duties, sales taxes, shipping costs or other amounts related to the purchase, which will be charged to you separately.

10.2 When you place an order that is fulfilled outside of Turkey, title to the purchased product and risk of loss passes to you when the product is delivered to the international carrier outside of Turkey. You further agree that, where applicable and unless otherwise specified, you may act as the importer for certain purchased products and you authorize us to appoint a transportation agent/customs broker to act as your direct agent on your behalf and to pay sales tax and customs duties. For customers located in Turkey, customs duties may apply if the total value of imported products exceeds a certain threshold.
10.3 When you place an order that is fulfilled within Turkey, title to the purchased product and risk of loss passes to you when the product is delivered to the local carrier within Turkey.
10.4 Sales tax and similar fees charged at the time of purchase are estimates and may vary depending on applicable law. If additional amounts are assessed, it is your responsibility to pay them. We are not responsible if a product is delayed or fails to clear customs as a result of your failure to pay such charges.
10.5 We endeavor to provide accurate information on Vefark, but there may be typographical errors, inaccuracies or omissions regarding pricing, product descriptions, availability and offers. Subject to applicable law, we reserve the right to correct any errors, inaccuracies or omissions and to change or update any information or cancel orders or part of orders if any information is incorrect. If the comparison price is important to your decision, you should make your own comparison before making a purchase decision.
10.6 You should thoroughly check the descriptions and restrictions on the product you wish to purchase. If you have a special condition (for example, a medical or health condition and/or a special need) that may affect or be affected by the product you wish to purchase, it is your responsibility to inform us before placing your order.
10.7 At Vefark, we make reasonable efforts to ensure that the color display of products is as accurate as possible. However, we cannot guarantee that the display of any color on your monitor will be an accurate depiction of the color of the product you have selected.
10.8 You agree that the Products are compatible with the purchase or intention to purchase if: (i) they conform to the description provided on Vefark and have the attributes provided on Vefark; (ii) they are suitable for the purposes for which such products are normally used; and (iii) they have the quality and performance that is normal for products of the same type and can reasonably be expected.
10.9 You must provide accurate and complete information for a valid payment method for purchases, such as a credit card that you are authorized to use. You must keep your account updated with changes to the payment method. BY PROVIDING INFORMATION FOR A PAYMENT METHOD, YOU AUTHORIZE US TO (A) COLLECT FEES FROM YOUR PAYMENT METHOD FOR THE PRODUCTS PURCHASED, (B) COLLECT APPLICABLE CUSTOMS DUTIES, TAXES AND SHIPPING COSTS, AND (C) COLLECT OTHER FEES INCURRED IN THE USE OF THE SERVICES. YOUR PAYMENTS ARE NON-REFUNDABLE EXCEPT AS EXPRESSLY SET FORTH IN THE APPLICABLE POLICIES. We reserve the right to reject, freeze or hold your transaction for any reason.
10.10 Payment Processors may charge fees for purchases you make through Vefark. You will be notified of these transaction fees through Vefark. Use of the Services and payment processing services is subject to agreement between you and the Payment Processor. As a condition of using the Services, you are required to provide accurate and complete information and allow us to share that information with the Payment Processor.

11.1 We provide customer service support in the areas of product purchase, payment, returns, refunds and other areas.

11.2 We want you to be satisfied with the products you purchase. You may be entitled to a return and refund for all products purchased on Vefark. Please check the details for our Return and Refund Policy. If you wish to request a return, follow the instructions outlined in the policy. We may issue you a refund in accordance with our Returns and Refunds Policy.

11.3 You retain ownership of returned products until the product arrives at the specified location.

12.1 You may earn credits, coupons, cash, gifts or other rewards (collectively, “Rewards”) by using the Services. Some rewards may only be redeemable for discounts or payments on eligible purchases through Vefark (but not all products may be eligible) and may be redeemable for cash, except as otherwise required by law. Carefully read the information and applicable rules regarding the different types of rewards.

13.1 You may stop using the Services at any time. We may terminate your access to the Services if you breach the Terms. If your access to the Services is suspended or terminated as a result of any breach of the Terms, these Terms will survive and your obligations to us will continue.
13.2 If your Account is terminated for any reason, all Content and Rewards linked to your Account will be deleted and canceled. You must attempt to redeem any remaining Rewards before the effective date of termination.
13.3 All provisions of these Terms that by their nature must survive termination will survive termination of these Terms, including ownership provisions, warranty disclaimers and limitations of liability.

14.1 To the extent permitted by applicable law, we expressly disclaim any express or implied representations or warranties of any kind with respect to the Services, any content and any products offered or purchased through the Services. All warranties are excluded, including warranties as to the condition, quality, durability, performance, accuracy, reliability, merchantability, fitness for a particular purpose or non-infringement of the Products. No communication or information, whether oral or written, obtained from or through the Services creates any warranty not expressly stated herein. We also do not make representations or warranties with respect to any recommendations or advice regarding products offered or purchased through the Services. This section 14 does not in any way affect our return and refund policy with respect to products purchased on the Services.

14.2 Use of the Services and products offered and purchased through the Services is at your own risk. To the fullest extent permitted by applicable law, unless otherwise stated, the Services, products offered and purchased through the Services, and content are provided “as is” and “as available” with all faults and without warranty of any kind.

14.3 You acknowledge and agree that we do not accept any responsibility arising from the conduct of third parties not controlled by Vefark and that you accept and agree that you bear the sole risk of injury from such third parties. We do not accept any responsibility for services, information or anything provided by third parties.

14.4 You acknowledge and agree that use of the Services is at your own risk and that your interactions with other users are entirely at your own risk. You acknowledge that any information you send or receive during your use of the Services may not be secure and may be intercepted by unauthorized parties. We are not responsible for any loss or damage to your property or data caused by any material you access or download from the Services.

14.5 Your reliance on any data or information obtained from the Services is at your own risk. You are solely responsible for any damage or loss arising from the use of such data or information.

15.1 To the fullest extent permitted by applicable law, in no event shall Vefark be liable to you or any person under any legal theory (including, without limitation, tort, contract, strict liability or otherwise) for (a) any indirect, incidental, consequential, special, exemplary or punitive damages (including damages for loss of data, loss of profits, loss of revenue or loss of goodwill, business interruption, accuracy of results or computer malfunction or failure) or (b) any damages arising out of or in connection with the use of the Services or the use of products offered or purchased through the Services. This limitation of liability shall not apply in any case, including without limitation, the inability to access the Services or the purchase and use of products offered or purchased through the Services.

15.2 This disclaimer applies to any damages or personal injury of any kind to the maximum extent applicable.

15.3 You expressly agree that we will not be liable for any defamatory, offensive or illegal conduct of any user of the Services.

15.4 To the fullest extent permitted by applicable law, in no event shall Vefark’s aggregate liability to you exceed the greater of (a) the total amount paid by you to us during the one month period prior to the date on which the claim, claim or incident arose, (b) $100, or (c) any penalty or damages imposed under applicable law.

15.5 Certain jurisdictions do not allow the exclusion or limitation of certain damages or implied warranties. If these laws apply to you, the above disclaimers or limitations may not apply to you, and you may have additional rights.

15.6 The above limitations of damages are fundamental elements of our agreement with you.

16.1 To the fullest extent permitted by applicable law, you will indemnify and hold us, our parents, affiliates, directors, officers, agents, employees, suppliers, licensors, and business partners (each a "Vefark Party" and collectively, the "Vefark Parties") harmless from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to (a) your use of the Services, (b) your violation of these Terms, (c) your violation of another party's rights, or (d) your failure to comply with applicable laws, rules, or regulations. In the event of any such claim, suit, or action ("Claim"), we will attempt to notify you via the contact information we have for the relevant Account (failure to provide such notice shall not relieve you of your indemnification obligations under these Terms).

16.2 We reserve the right, at our own expense, in our sole discretion, to assume the defense and control of any matter subject to your indemnification obligation, in which event you will fully cooperate with us in asserting our defenses.

16.3 The provisions of this section shall survive any termination of your Account, termination of the Terms and/or your access to the Services.

17.1 Application License. As long as you comply with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install the Vefark mobile application ("Application") on a single mobile device or computer you control and to run one copy of such Application for your personal or internal business purposes. For any Application downloaded from the App Store (an "App Store Sourced Application"), you will use it only on an Apple-branded product running iOS (Apple's proprietary operating system) and in accordance with the "Usage Rules" set forth in the App Store Terms of Service. Notwithstanding anything set forth in the first sentence, for any Application accessed or downloaded from the Google Play store (a "Google Play Sourced Application"), you may have rights to use the Application on a shared basis.

17.2 App Stores. You acknowledge and agree that the availability of the Application and Services is dependent on the third party from whom you obtained the Application license, such as the Apple App Store or Google Play. You acknowledge that these Terms are between you and us, and not with the App Store. We are solely responsible for the Services, the Application, its content, maintenance, support services and warranty. You agree that you must have access to a wireless network in order to use the Application, and you agree to pay all fees associated with such access. You also agree to pay any fees and taxes imposed by any App Store in connection with the Services. Your license to use the Application is conditioned on your compliance with all applicable App Store terms and conditions imposed by the applicable App Store when using the Services. You acknowledge that the App Store (and its affiliates) are third-party beneficiaries of these Terms and have the right to enforce these Terms.

17.3 Accessing and Downloading the Application from iTunes. The following applies to any App Store Sourced Application accessed or downloaded from the Apple App Store:

17.3.1 You acknowledge that the Terms are concluded solely between you and us, and that Apple is not a party to them. We are solely responsible for the App Store Sourced Application and its content. Use of the App Store Sourced Application must be in accordance with the App Store Terms of Service.

17.3.2 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

17.3.3 In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and, to the extent permitted by applicable law, Apple will have no other warranty obligation whatsoever. As between us and Apple, any other claims, losses, liabilities, damages, costs or expenses arising out of any failure to conform to such warranty are our responsibility.

17.3.4 You agree that Apple has no obligation to address any claims against you or any third party arising out of or relating to the App Store Sourced Application or your possession and use of such Application.

17.3.5 You acknowledge that Apple and its affiliates are third-party beneficiaries of these Terms as they relate to your license of the App Store Sourced Application and will have the right to enforce the Terms against you as a third-party beneficiary.

17.3.6 You must comply with any applicable third-party terms and conditions when using the App Store Sourced Application.

18.1 Assignment. You may not assign, subcontract or transfer these Terms, your rights and obligations, to anyone else without our written consent. Any assignment, subcontract or transfer in violation of this provision will be void. We may assign, subcontract or subcontract these Terms and our rights and obligations hereunder without your consent.

18.2 Force Majeure. We are not responsible for any delay or failure to perform due to causes beyond our reasonable control. These include force majeure, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, pandemics, strikes or shortages of transportation, fuel, energy, labor or materials.

18.3 Choice of Law. These Terms and any dispute between you and us will be governed by the laws of the Republic of Turkey and the relevant Turkish courts.

18.4 Exclusive Jurisdiction. Any dispute in connection with the Services will be resolved exclusively by the courts of Istanbul. You consent to the jurisdiction and venue of such courts.

18.5 Notice. We may send notices to you by e-mail to the most recent e-mail address you have provided us. Such notice will be deemed valid. It is your responsibility to keep your e-mail address current. You may notify us at the following address:

• Title: VEFA ULUSLARARASI TOPTAN GIDA PAZ.SAN.TİC.LTD.ŞTİ

• Address: Tepeören Mah. Eski Ankara Asfaltı Caddesi No: 136/D Akfırat-Tuzla / İstanbul

• Telephone: 0850 308 25 15

• Fax: 0850 308 25 15

• E-mail: info@vefark.com

Notice sent to this address by nationally recognized express delivery service or first class mail will be deemed valid when received by us.

18.6 Export Control. You undertake to use the Services and products purchased through the Services in accordance with applicable export and re-export restrictions. You acknowledge and agree that the Services and products purchased through the Services are prohibited from being exported or re-exported to any person on the Turkish Ministry of Treasury and Finance’s list of prohibited parties. You represent and warrant that you are not located in a country, territory or area subject to sanctions imposed by the Turkish Government and that you are not on the Turkish Government’s list of prohibited or restricted parties. You will not use the Services and products purchased through the Services for any purpose prohibited by applicable law.

18.7 Waiver. Our failure to respond to any breach by you or others does not waive our right to take action with respect to similar or subsequent breaches.

18.8 Severability. If any provision of these Terms is held to be unenforceable or invalid, that provision will be limited or eliminated and these Terms will remain in full force and effect.

18.9 Third Party Beneficiaries. There are no third party beneficiaries to these Terms.

18.10 Full Agreement. These Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter.

18.11 Translation. Any translations of these Terms of Use, Privacy Policy, Cookies and Similar Technologies Policy or any other provision or policy are for your reference only. In the event of any inconsistency between the English version and the versions in other languages, the English version shall prevail.

PLEASE READ THIS SECTION 19 (“ARBITRATION AGREEMENT”) CAREFULLY. THIS SECTION CONTAINS PROVISIONS GOVERNING HOW DISPUTES BETWEEN YOU AND US WILL BE RESOLVED. THIS SECTION 19 REQUIRES ALL DISPUTES TO BE RESOLVED THROUGH BINDING AND FINAL ARBITRATION. BY ACCEPTING THESE TERMS, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO FILE A CLASS ACTION AND HAVE A COURT TRIAL.

19.1 Enforceability. Subject to this Arbitration Agreement, any dispute, claim or controversy between you and us will be resolved by binding arbitration. However, either party may bring claims in small claims court or seek relief in court for infringement or misappropriation of intellectual property rights.

19.2 Informal Dispute Resolution. If a dispute arises between us, we agree to use good faith informal efforts to find a reasonable and cost-effective resolution. Before initiating an arbitration, you must provide notice of the dispute.

19.3 Arbitration Rules. The arbitration will be conducted in and in accordance with the laws of Turkey.

19.4 Individual Relief. You may seek only individual relief and may not bring a class or collective action.

19.5 Jurisdiction. The arbitrator shall have exclusive authority to resolve any dispute. Arbitration awards are final and binding.

19.6 Fees. Arbitration costs and attorneys' fees shall be determined in accordance with the applicable arbitration rules.

19.7 Validity of Arbitration Agreement. If any part of this Arbitration Agreement is found to be invalid or unenforceable, the remaining parts will remain in effect.

Contact Information

• Title: VEFA ULUSLARARASI TOPTAN GIDA PAZ.SAN.TİC.LTD.ŞTİ

• Address: Tepeören Mah. Eski Ankara Asfaltı Caddesi No: 136/D Akfırat-Tuzla / İstanbul

• Phone: 0850 308 25 15

• Fax: 0850 308 25 15

• E-mail: info@vefark.com