Terms & Conditions
PLEASE NOTE: THESE TERMS AND CONDITIONS ARE FOR USERS BASED IN TURKEY ONLY. IF YOU ARE USING THE WEBSITE OUTSIDE OF TURKEY, DIFFERENT TERMS AND ONDITIONS WILL APPLY BASED ON YOUR LOCATION. THE WEBSITE WILL DISPLAY THE APPLICABLE TERMS AND CONDITIONS TO YOU BASED ON YOUR LOCATION.
st NIAN: st NIAN
Customer: Person placing a product or service order using the Website.
Party or Parties: Customer and/or st NIAN
Terms: These terms and conditions in its entirety.
App: st NIAN’s application which can be used on mobile and other devices with internet connection where the products/services offered by st NIAN to its customers may be ordered and which all intellectual and industrial property rights are owned by st NIAN
Agreement: Pre-disclosure Form between the parties and distance sales agreement that has been prepared as per the information in the form.
Product(s): Service or product offered by st NIAN to the Customer and selected by Customer from the offerings on the Website within the service areas where st NIAN operates.
Website: st NIAN’s website, www.getir.com, which can be accessed through mobile and other devices with internet connection where the products/services offered by st NIAN to its customers may be ordered and which all intellectual and industrial property rights are owned by st NIAN.
2. Application and Membership
2.1. Customer may begin using the Website in accordance with these Terms by enter in the Website, filling out the sections required for registration, confirming the GSM number and entering its password. Current users of st NIAN may start ordering through the Website by entering their registered number and confirming the GSM number.
2.2. Customer accepts that all information provided while registering to the Website is complete, accurate and up-to-date at all times and in every respect. Customer may update its information at all times through the Website.
3. Use of the Website
3.1. st NIAN performs deliveries in the areas designated by it where orders may be placed on the Website. Products within the relevant designated area and assigned to the relevant designated area is displayed to Customer once Customer selects a delivery address on the Website.
3.2. The delivery time displayed on the Website to Customer is a non-binding estimate until when st NIAN aims to complete the delivery. st NIAN shall not be held responsible for failure to deliver the Product within the estimated time period.
3.3. Upon placing of the order, Product sale price, delivery fees, delivery vehicle fees and any and all other additional fees including taxes, duties and charges shall be withdrawn from the credit card or other payment method provided by the Customer.
3.4. Customer enters its credit card information into the system only once when it selects Online Payment Option, and this information is used in the orders that follow without requiring payment information to be re-entered. Payment infrastructure for the Online Payment System is provided by MasterCard. Getir only keeps the first six and last two digits of the credit card in its systems. Customer may save one or more credit card or other payment method on the Website and may enter into transactions using the selected credit card or payment method.
3.5. In the event the credit card used in the Online Payment System is illegally used by a third party other than the card holder, Customer accepts that the terms of the Law on Debit Cards and Credit Cards numbered 5464 and dated 23.02.2006 and the Regulation on Debit Cards and Credit Cards published in the Official Gazette numbered26458 and dated 10.03.2007 shall be applicable.
3.6. In the event Customer loses its device used on the Website or the device gets stolen, third parties will not be able to access card information saved on the Website. However, Customer is required to notify st NIAN and terminate its use of the card. Third parties may otherwise be able to continue making st NIAN order payments through the Website. st NIAN cannot be held responsible in such cases.
3.7. Customer assumes full responsibility for the security and retention of the system access devices (username, password etc.) it uses for utilizing the services offered by st NIAN on the Website as well as restraining disclosure of the same to third parties. Customer is obliged to ensure that the credit card and other payment method information is not disclosed to third parties and that such information is not saved in the accounts used by third parties on the Website.
3.8. Customer is deemed to have performed its payment obligations owed to st NIAN upon making payments to st NIAN.
3.9. Customer will be informed in detail regarding the terms of delivery, payment and right of withdrawal in the Agreement.
3.10. Product will be delivered to the address provided by Customer while placing the order, it may not be changed after placing the order. st NIAN assumes no liability in the event Customer or the specified recipient is not present in the delivery address, the said persons refuse to take delivery of the Product or if the address is incorrect, and st NIAN will be deemed to have made full and complete performance in such event. Any and all losses arising from the Customer’s late acceptance of the delivery of the Product as well as any and all costs arising in connection with the Product being held due to Customer’s fault and/or return of the Product to st NIAN due to non-delivery shall be borne by the Customer. st NIAN may suspend performing services to those customers abusing such situation.
3.11. Customer may submit any complaints to st NIAN’s customer services by phone at +90 216 622 23 55 or by e-mail at shop@st NIAN.com.tr
3.12. Customer utilizing the services offered by st NIAN agrees to use the Website in compliance with applicable laws and its intended purpose and assumes any and all legal liability that may arise in connection with any transactions and actions taken by it on the Website. st NIAN shall in no way be held liable whether directly or indirectly for any transaction, action and/or activity of Customer through and/or on the Website in violation of the Terms and applicable laws.
3.13. In the event Customer fails to utilize services due to technical malfunctions caused by Customer, st NIAN shall not be held liable for its failure to perform its obligations and no claim can be made to st NIAN in such respect, under any title.
3.14. Customer accepts that all orders and purchases placed on the Website are made to end users for personal use and consumption, and not intended for re-sale.
3.15. Customer accepts that no sale of tobacco products and alcoholic beverages shall be made through the Website as per the Regulation on the Procedures and Principles regarding the Sale and Presentation of Tobacco Products and Alcoholic Beverages and relevant legislation, and that it shall not submit any requests for the supply of the same through the Website.
3.16. st NIAN may correct the error and perform delivery or cancel the order by notifying Customer in the event of an error in the prices or product features of Member Restaurant’s product/services offered on the Website. st NIAN shall use necessary care for providing true and accurate information regarding the content of the products offered by the Member Restaurant on the Website
3.17. As of 09.06.2021, comments that are deemed suitable by st NIAN might be published.
3.18. Regarding the content/comments shared on the Website, the Customer is solely responsible for all the features of the content and comments, especially the accuracy, quality, legality, appropriateness, reliability and quality.
3.19. In order to determine whether the comments are legally complaint or violate these Terms and Conditions (such as cases where illegal contents are reported to us) and to comply with legal obligations, st NIAN will be able to review the comments. In addition, content that is considered to be violating the laws or these Terms and Conditions can be changed, deleted, and access / viewing for these contents can be blocked by st NIAN. st NIAN reserves the right not to publish comments.
3.20. Customer cannot share comments, posts and other content in the transactions to be carried out on the Website within the following scope:
Any inappropriate or illegal content.
Content that is harmful, offensive, damaging and / or offensive to other users and / or third parties.
Content that threatens any person or organization.
Content that is offensive or harmful to any person.
Content that may / may disturb users in general.
Contents that are constantly shared by a single user and are irrelevant to the subject and page content.
Identical content (spam) shared by one or more users.
Advertising contents on behalf of another brand or institution.
Any comments, links and content that support and encourage illegal initiatives.
Any content that infringes the rights of any third party or organization.
3.21. Customer is exclusively responsible for any content/comment provided to the Website. Customer declares that any Customer content/comment posted is (i) lawful; (ii) does not infringe any rights of third parties, including intellectual property rights; and (iii) Customer has all the necessary rights and authority to provide the content.
4.1. Customer may terminate its use of the Website from its used device at all times.
4.2. st NIAN reserves the right to suspend Customer’s membership or remove Customer from the App/Website permanently in cases where any violation of the Terms, applicable laws or good faith/moral rules by Customer is determined.
5. Protection of Personal Data
5.1. st NIAN cares about protecting your personal data. You may click the links below to review our policies regarding your personal data: https://www.st NIAN.com/en/content/6-data-protection
5.2. Customer accepts, declares and undertakes that the information contained in the registration form is correct; only one mobile phone number can be defined for each Customer profile; the defined mobile phone number cannot be changed; a new mobile phone number can be defined only if a new Customer profile is created on the App/Website; and Customer will be responsible for any transactions conducted with her/his registered mobile phone number.
6. INTELLECTUAL PROPERTY RIGHTS
6.1. All rights in relation to st NIAN services, intellectual property rights, st NIAN trademarks, st NIAN trade images or any and all elements of the Website including but not limited to design, texts, images, html codes and other codes of st NIAN as well as any and all rights in rem and personal rights, trade information and know-how of st NIAN shall belong to st NIAN exclusively.
6.2. Customer may not use, copy or distribute st NIAN services and st NIANs’s work listed above for commercial purposes, and it may not engage in or prepare any work derived from such work.
6.3. Customer accepts that it shall not duplicate, copy, distribute, process any pictures, texts, visual and auditory images, video clips, files, databases, catalogues and lists owned by st NIAN and/or third parties available on the Website.
st NIAN may unilaterally amend the Terms herein at all times as it deems appropriate at its sole discretion by publishing on the Website.
8. Force Majeure
st NIAN shall not be held liable for late or incomplete performance of any of its obligations under the Terms or for its failure to comply with any of its obligations herein in case of any events which may objectively prevent or delay its compliance with its obligations including but not limited to adverse weather conditions preventing transportation, transportation disruptions, infrastructure and internet malfunctions, fire, earthquake, flood and other natural disasters as well as extraordinary events including epidemics, turmoil, widespread violent acts, strikes or regulations by official authorities.
9. Governing Law and Jurisdiction
9.1. The Terms herein are governed by and shall be construed in accordance with the laws of the Republic of Turkey.
9.2. Parties accept the jurisdiction of the consumer arbitration committee located in the registered address of Customer and st NIAN for any disputes arising from the Terms within the monetary limits set out under relevant legislation, and the jurisdiction of the consumer courts located in the address of the Customer and st NIAN for any disputes arising from the Terms outside the said monetary limits.
9.3. For disputes not related to consumer laws, İstanbul Anadolu Courts and Execution Offices shall have jurisdiction.
10. Evidence Agreement
Customer accepts that both the information kept in st NIAN official books and commercial records and electronic records and computer and voice records kept in st NIAN’s databases and servers shall constitute evidence for any and all disputes which may arise in connection with the Terms, and that this clause herein constitutes an evidence agreement within the meaning of article 193 of the Code of Civil Procedure.
Customer accepts that it will be bound by the Terms during the download of the Website to its device, while creating a membership and its during use of the Website.
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