Pop-Up Store Terms of Service

1. Purpose and Scope

1.1. These Pop-Up Store Terms of Service (the "Agreement") set out the terms and conditions governing the use of the pop-up store infrastructure, order management, production routing, integration, software, application and related services (the "Services") provided by Printonus Yazılım Teknolojileri A.Ş. ("Printonus").

1.2. All natural and legal persons using the Services declare that they have read, understood and accepted the provisions of this Agreement electronically.

1.3. This Agreement applies together with the Printonus Terms of Service, Privacy Policy, Intellectual Property Policy, Data Processing Terms, Cookie Policy and the other policies and rules published by Printonus.

2. Definitions

• "Pop-Up Store" means the online store created and managed by the Seller through the Printonus infrastructure.
• "Seller" means the natural or legal person offering its products for sale within the scope of the Pop-Up Store service.
• "Customer" means the natural or legal person purchasing products through the Pop-Up Store.
• "Order" means the products purchased by the Customer through the Pop-Up Store.
• "Content" means any and all text, images, designs, logos and other materials uploaded, created or used by the Seller.
• "Service Provider" means the manufacturers, print centers, logistics providers or other third-party business partners cooperating with Printonus.
• "Illegal Activity" means activities in breach of the applicable legislation, fraud, counterfeiting and transactions intended to cause harm to third parties.

3. Scope of the Services

3.1. Printonus provides a technical infrastructure service that enables Sellers to create pop-up stores, list products, manage orders, route production and integrate logistics.

3.2. Printonus is not a party to the sales contract concluded between the Seller and the Customer.

3.3. Printonus may cooperate with various Service Providers for production, printing, packaging and logistics processes.

3.4. Printonus does not guarantee that the Services will be uninterrupted, error-free or continuously accessible.

3.5. Printonus may temporarily suspend or restrict the Services for reasons of technical maintenance, security, regulatory compliance or operational needs.

4. Conditions for Using the Services

4.1. In order to use the Pop-Up Store service, a person must be at least 18 years of age and have the requisite legal capacity.

4.2. Persons acting on behalf of a legal entity accept that they are authorized to represent and bind that entity.

4.3. The Seller accepts that all information it provides to Printonus is accurate, up to date and complete.

4.4. Printonus reserves the right to reject applications or suspend accounts without stating any reason.

5. Seller Obligations

5.1. The Seller agrees to use the Services only for lawful purposes.

5.2. The Seller is responsible for complying with all legal obligations, including the applicable consumer, e-commerce, tax, advertising and data protection legislation.

5.3. The Seller is responsible for fulfilling its pre-contractual information obligations, right of withdrawal notifications and obligations relating to consumer contracts towards Customers.

5.4. The Seller is obliged to protect its account information and ensure the security of its account.

6. Content and Product Obligations

6.1. The Seller accepts that the Content it uploads is lawful, that it holds the necessary rights of use and that such Content does not infringe the rights of third parties.

6.2. The Seller accepts that its product descriptions are accurate, complete and not misleading.

6.3. Printonus is under no obligation to review the Content uploaded by the Seller in advance.

7. Orders and Production Process

7.1. Orders placed by the Customer are forwarded to the relevant Service Provider and the production process is initiated.

7.2. Printonus does not guarantee that Orders will be completed within any specific period.

7.3. Orders for which production has started may not be cancelled or modified.

7.4. Mandatory rights arising from consumer legislation are reserved.

8. Pricing and Payment

8.1. Product prices, production costs and any additional fees are specified on the Platform.

8.2. The Seller has the right to determine its own profit margin.

8.3. Payments are made using the payment methods offered on the Platform.

8.4. Printonus is not responsible for any interruptions, delays or errors caused by payment institutions.

9. Tax and Financial Obligations

9.1. The Seller is responsible for any taxes, duties and similar financial obligations arising from its own sales activities and is obliged to act in accordance with the relevant legislation.

9.2. Printonus is not responsible for tax calculations, tax returns, penalties, interest or financial obligations.

9.3. The Seller agrees to indemnify Printonus for any damages Printonus may incur as a result of the Seller's activities in breach of the legislation.

10. Intellectual Property Rights

10.1. The intellectual property rights in the Content uploaded by the Seller belong to the relevant Seller.

10.2. For the purpose of enabling the provision of the Services, the Seller grants Printonus a limited, non-exclusive right of use, limited to the term of the service, to host, technically process, display and produce the Content and to use it in Order processes.

10.3. The Seller accepts that the content it uploads does not infringe the intellectual property rights of third parties.

10.4. Printonus may remove content, restrict access or suspend accounts in response to claims of intellectual property infringement.

10.5. The Seller is solely responsible for any claims that may be brought by third parties in connection with the content it uploads.

11. Prohibited Activities

11.1. The Seller may not engage in the following activities:

• Using the Services for unlawful purposes
• Selling counterfeit products
• Committing fraud
• Conducting Illegal Activity
• Infringing the intellectual property rights of third parties
• Carrying out actions that compromise the security of the Services
• Attempting unauthorized access
• Examining the Services by means of reverse engineering
• Uploading malware, viruses or malicious code
• Misusing the Services by means of automated tools

11.2. In the event of a breach of this article, Printonus reserves the right to suspend accounts, block access, cancel Orders or initiate the necessary legal proceedings.

12. Indemnification

12.1. The Seller accepts that it is liable for any and all damages, administrative sanctions, lawsuits, claims, costs and attorneys' fees that Printonus may incur as a result of the Seller's breach of this Agreement, the applicable legislation or the rights of third parties.

12.2. The Seller agrees to provide the necessary information and support in connection with claims brought against Printonus by third parties arising from Customer transactions, product sales, content or the Seller's activities.

12.3. Reasonable defense costs and expenses incurred by Printonus may be claimed from the Seller.

13. Limitation of Liability

13.1. To the maximum extent permitted by the applicable legislation, Printonus cannot be held liable for indirect damages, loss of profit, loss of data, loss of revenue, loss of business or damages arising from third parties.

13.2. Printonus's total liability is limited to the total amount paid by the Seller to Printonus in connection with the relevant transaction.

13.3. This limitation does not apply to intent, gross negligence, mandatory obligations arising from consumer legislation or liabilities that cannot be limited.

13.4. Printonus is not responsible for interruptions, errors or damages caused by Service Providers, payment institutions, carriers, internet service providers or other third-party service providers.

13.5. Automated systems, algorithms or artificial intelligence-assisted tools used by Printonus may make errors. Printonus does not guarantee that these systems will operate entirely without error.

14. Data Protection and Privacy

14.1. Printonus processes personal data in accordance with the applicable data protection legislation.

14.2. Where the Seller transfers customer data to Printonus, the Seller accepts that such data has been obtained lawfully.

14.3. Printonus may share information with official authorities within the scope of its obligations under the legislation.

14.4. The Seller is responsible for acting in compliance with the obligations relating to the protection of customer data.

15. Force Majeure

15.1. Printonus shall not be liable for any failure to fulfil its obligations in the event of natural disasters, war, acts of terrorism, epidemics, cyberattacks, infrastructure failures, internet outages, power outages, logistics problems, decisions of official authorities or other circumstances beyond the reasonable control of the parties.

15.2. Printonus's obligations may be suspended for the duration of the force majeure event.

16. Evidence Agreement

16.1. The parties accept that Printonus system records, log records, digital data, electronic commercial records and electronic correspondence constitute evidence within the meaning of Article 193 of the Code of Civil Procedure No. 6100 (HMK).

17. General Provisions

17.1. Printonus may update this Agreement in line with the applicable legislation or operational needs.

17.2. Continued use of the Services after the updated Agreement enters into force constitutes acceptance of the changes.

17.3. If any provision of this Agreement is held invalid, the remaining provisions shall remain in full force and effect.

17.4. Any provision held invalid shall be construed in accordance with the valid provision that comes closest to the legal and economic purpose of the parties.

17.5. Printonus's failure to exercise any right shall not constitute a waiver of that right.

18. Governing Law and Jurisdiction

18.1. This Agreement is governed by the laws of the Republic of Türkiye.

18.2. Without prejudice to the jurisdiction rules mandatorily prescribed by the applicable legislation, the Courts and Enforcement Offices of Ankara shall have jurisdiction over disputes arising from this Agreement.

18.3. Mandatory mediation provisions under the applicable legislation shall apply to commercial disputes.

19. Contact Information