Terms of Use

Terms of Use (“Terms”)

SUİSTE GIDA VE TEKNOLOJİ SANAYİ TİCARET LİMİTED ŞİRKETİ (shall be hereinafter referred to as “SU İSTE”) provides a mobile application (shall be hereinafter referred to as “Application”) through which it sells retail products, including multiple water brands, to customers (shall be hereinafter referred to as “Customer”) and has such products delivered by couriers (shall be hereinafter referred to as “Courier”) to the Customer’s address within the delivery interval selected by the Customer in the Application. SU İSTE and Customer shall be hereinafter also collectively referred to as “Parties”.

1. APPLICATION FOR MEMBERSHIP

1.1 Customer may download the Application, fill out the fields required for signing up and after confirming their GSM number, by entering their password, start using the Application under these Terms.
1.2 Customer agrees that all information provided during their application for membership are at all times and in all respects complete, true and up-to-date. Customer may anytime update their personal information by means of the Application. Exceptions set out in Clause 4.4.2 are reserved.
1.3 Customer shall pay the total order amount, together with the delivery and/or service fee, online by credit card or debit card within the Application.

2. USE OF THE APPLICATION

2.1 After signing up with and opening the Application, when the Customer presses the order confirmation button, the products are directed to them, via the Application, from the post nearest to their selected address. The details as to the Courier in charge of delivery of the ordered products/services are provided to the Customer.
2.2 SU İSTE makes the utmost effort for ensuring that the information provided in respect of the directed vehicle reflect the reality (estimated time of arrival, distance of vehicle to Customer, etc.); however, it may not be kept liable for the failure of such information to reflect 100% reality.
2.3 In the case that the Customer does not wait the arriving order or their failure to receive the order without a just cause, SU İSTE reserves its right to remove the Customer from the Application.
2.4 Customer is obliged to pay the whole amount of the order they have placed via the Application.
2.5 Customer may pay the order amount only online, by credit or debit card, via the payment system in the SU İSTE application.
2.6 Customer may, for once only, enter their card information in the system and have the card saved; the saved card is available in subsequent payments without requiring any further entrance of information.
2.7 The card information of the Customer is neither stored nor known by SU İSTE, as the payment infrastructure is provided by a licensed payment institution. The card information is securely stored by the payment institution.
2.8 Customer may report the Couriers that they have dealt with via the Application and about whom they have complaints to SU İSTE by means of the complaint section within the Application; however, SU İSTE may not be kept legally liable for the acts of the Couriers. SU İSTE makes necessary warnings to the Couriers and breaks off professional relations with the Couriers who repeat similar mistakes.
2.9 Customer agrees not to perform any operation and/or action that may cause abuse of the service offered free of charge by SU İSTE.
2.10 When the Customer places an order, the order amount is collected by SU İSTE. Customer may request cancellation of its order, provided upon just cause, by contacting SU İSTE Customer Services. When the order is cancelled, SU İSTE automatically effects the refund transaction.
2.11 Refunds as to the orders of products to be placed via the Application will be made to the Customer only in the case of; (i) compelled cancellation of the order due to the customer address’ being outside the delivery range; (ii) compelled cancellation of the order due to inability to communicate the order to SU İSTE; (iii) cancellation of order upon the customer’s request where the order is not prepared or SU İSTE confirms the cancellation despite the order’s having been prepared; (iv) compelled partial or whole cancellation of the order due to order’s unavailability in part or whole in stock; (v) cancellation of order made following receipt of SU İSTE’s confirmation due to dissatisfaction as to the ordered product, and (vi) cancellation of order made upon SU İSTE’s confirmation in the case of late delivery of the ordered product. If SU İSTE has made out and delivered to the Customer a receipt or invoice as to the cancelled order, the return of the same is required. The right of withdrawal and other statutory rights arising from consumer legislation are reserved.
2.12 In the case that the Customer is found to have acted in breach of these Terms, SU İSTE keeps its right to suspend the membership of the Customer or to altogether remove the Customer from the Application reserved.
2.13 Customer utilizing the service offered by SU İSTE agrees to use the Application in compliance with the law and its intended purpose and that the legal liability of all operations and actions performed within the Application is incumbent on the Customer. SU İSTE may in no way, neither directly nor indirectly, kept liable for any operation, action and/or activity performed by the Customer via and/or within the Application in breach of these Terms and the law.
2.14 SU İSTE may not be kept liable for the failure to perform any of its obligations designated under these Terms in the case of inability to utilize the service due to technical failures originating from the Customer, and no claims in any name may be asserted against SU İSTE in respect thereof.
2.15 Customer agrees that SU İSTE may in no way, neither directly nor indirectly, kept liable for any operation, action and/or activity performed by Couriers and/or third parties via and/or within the Application in breach of these Terms and the law.
2.16 Customer agrees that all liability as to the security, storage of the access means (user name, password, etc.) used for utilizing the services provided by SU İSTE as well as keeping them outside the knowledge of third parties is wholly incumbent on the Customer.
2.17 Customer agrees not to reproduce, copy, distribute, process pictures, texts, visual and audio elements, video clips, files, databases, catalogs and lists within the Application such as to infringe upon the real or personal rights of SU İSTE and/or any third party.
2.18 Customer acknowledges that SU İSTE is the seller of the products ordered via the Application; SU İSTE’s statutory liabilities as to the products are reserved under the applicable legislation.
2.19 SU İSTE keeps its right not to refund only due to reasons attributable to the Customer; the conditions of product return are determined in accordance with the Distant Sales Contract, the Preliminary Information Form and the applicable legislation.
2.20 Customer agrees that all orders placed, all purchases made via the Application are intended for personal use and not for resale.
2.21 Orders placed via the Application are limited to the availability of the products at the time of order. SU İSTE may not have the products not available in stock delivered to the Customer. Exhibition of the products in the Application may not mean their availability in stock.
2.22 The obligation to keep the price and specification of the products offered for sale via the Application up to date is incumbent on SU İSTE. In the case of emergence of mistake in the price and product specification, SU İSTE may inform the Customers and make the delivery such as to correct such mistake or it may cancel the order. SU İSTE will make the due effort for provision of accurate and truthful specification as to the contents of the products offered for sale via the Application.
2.23 Customer agrees that, as per the Regulation On Procedures and Principles Regarding Sale and Presentation of Tobacco Products and Alcoholic Beverages and the applicable legislations, tobacco products and alcoholic beverage sale via the Application is strictly prohibited, and not to procure via the Application tobacco products, alcoholic beverages or any product whose sale is prohibited under the electronic commerce and other such legislations, and not to make any request to SU İSTE in respect thereof, and that actions otherwise may result in cancellation of membership and termination of these Terms.

3. TERMINATION OF MEMBERSHIP

3.1 Customer may anytime cancel their SU İSTE membership without indicating any reason, through the following means;
3.1.1 By deleting their account in the Settings section of the Application,
3.1.2 By sending electronic mail to the address info@suiste.com.

4. PERSONAL DATA PROTECTION AND PRIVACY POLICY

Data controller: SUİSTE GIDA VE TEKNOLOJİ SANAYİ TİCARET LİMİTED ŞİRKETİ (MERSIS No: 0782140296200001). Head office address: Köyün Kendisi Sarıcaeli Küme Evler No: 305 AE Sarıcaeli Köyü, Merkez/Çanakkale. Bahçeşehir branch: Bahçeşehir 2.Kısım Mah. Akın Sok. No: 1 K Başakşehir/İSTANBUL. KEP (registered electronic mail) address: suistegidaveteknoloji@hs01.kep.tr. E-mail: info@suiste.com.

4.1 Data Processed In Capacity of Data Controller
SU İSTE, in its capacity of the data controller, collects the following data during signing up with the Application and processes them for their direct relevance with the execution and performance of your membership contract:
4.1.1 Identification information (name, surname, mobile telephone number, e-mail address).
4.1.2 Operating system version information of your mobile device.
4.1.3 Location information obtained from your mobile device.
4.1.4 Rating information and comments given to the Courier at the end of the order.
4.1.5 Comments communicated via the “Suggestion and Complaint” section within the Application.

4.2 Purposes of Processing Personal Data

SU İSTE processes the personal data in line with the purposes specified below:
4.2.1 To verify your identity (by sending confirmation code to the mobile telephone number you have provided).
4.2.2 To provide customer support and to troubleshoot.
4.2.3 To inform you on service updates and errors.
4.2.4 To inform you on special offers relating to the Application.
4.2.5 To enable the Couriers to call you when they need to contact you in relation with the delivery (Couriers can call you but your telephone number is not shared with them).
4.2.6 In addition to SU İSTE’s entitlement under these Terms to send informational mails to the electronic mail addresses of Customers registered with SU İSTE and to send informational SMSs to their mobile telephones; upon the Customer’s confirmation of these Terms, they will be deemed to have accepted sending of informational mails to their electronic mail addresses and informational SMSs to their mobile telephones. Customer may opt out of receiving mail and/or SMS by sending mail to the address info@suiste.com.

4.3 Transfer of Personal Data and Data Security

4.3.1. Your data are stored in our secure servers. Some of our servers are situated outside Turkey. Upon confirmation of these Terms, explicit consent will be deemed granted for having their data in servers outside Turkey. You may access the Application by the password you have determined in person and the passwords are kept in our systems coded in an irreversible manner. Keeping your password secure and not sharing it are under your own responsibility. Nonetheless, transfer of data via the public internet cannot be guaranteed to be 100% secure. We use encrypted connection for protecting your data; however, you bear the risk of attacks to your internet connection during data transfer. We take all kinds of security measures for protection of your data after their arrival at our servers.
4.3.2 Save for the exception specified above, unless legally required or obliged, SU İSTE will not sell, lease out, market or otherwise transfer to third parties your personal data and/or traffic data or communication contents without your explicit consent.

4.4 Rights Regarding Personal Data Protection

4.4.1 The rights of the Customers in regard to personal data protection are as follows: (1) To learn whether your personal data have been processed, (2) If your personal data have been processed, to request information in this respect, (3) To learn the purpose of processing of your personal data and whether they are used in accordance with these purposes, (4) To know the third parties at home or abroad to whom your personal data have been transferred, (5) If your personal data have been processed incompletely or inaccurately, to request rectification thereof, (6) To request deletion or destruction of your personal data, (7) To require notification of your requests for rectification, deletion or destruction to third parties to whom your personal data have been transferred, to object to emergence of any result to your detriment through analysis of your processed data exclusively by automated systems, (8) If you have incurred damage due to unlawful processing of your personal data, to request compensation thereof.
4.4.2 Customer agrees, declares and undertakes that the information included in the sign up form are accurate and only one GSM number can be defined for each user created at Su İste, that the defined GSM number cannot be changed and a new GSM number can be defined only if a new user is created at SU İSTE, and that the Customer is liable in person for all kinds of actions it will perform with the registered GSM number.
4.4.3 You may communicate all kinds of requests as to protection of your personal data to the address info@suiste.com; your requests will be diligently evaluated and then we will get back to you as soon as possible.

4.5. Other Provisions On Data

4.5.1 Upon your request, we may share a copy of your data kept in our system with you after performing the necessary security check. Just as you may update your personal data via the Application, you may also make request for update by calling our customer services.
4.5.2 For enabling faster and more effective utilization of our service, we store your session cookies in your device. If you wish, you may block storage of these information by making change in your device’s settings. However, if you do this, you may not be able to make use of all functions of the Su İste Application.
4.5.3. We keep our right to from time to time make changes on the Privacy Policy. If we make any change, you will be informed in respect thereof.

5. MISCELLANEOUS

5.1 INTELLECTUAL PROPERTY RIGHTS

5.1.1 All elements of the Application including but not limited to design, texts, images, html code and other codes (shall be hereinafter referred to as “Works Subject To SU İSTE’s Proprietary Rights”) are owned by SU İSTE. Customer may not use SU İSTE’s services, information and Works Subject To SU İSTE’s Proprietary Rights for commercial purposes. Without SU İSTE’s permission, the Customer may not reproduce, distribute SU İSTE’s Works Subject To SU İSTE’s Proprietary Rights or it may not make or prepare works derived from them.
5.1.2 SU İSTE's services, information, Works Subject To SU İSTE’s Proprietary Rights, trademarks, get-up or assets including all kinds of tangible and intellectual property rights, real and personal rights, rights pertaining to commercial information and know-how are reserved.

5.2. MODIFICATION

SU İSTE may anytime modify these Terms unilaterally and at its sole discretion by announcing such modification via the Application. The modified provisions of these Terms shall become effective on the date of their announcement or afterwards, upon the Customer’s online acceptance thereof via the Application, whereas the remaining provisions shall remain in effect in exactly the same way and continue to bear their consequences.

5.3. FORCE MAJEURE

In all circumstances legally deemed force majeure, SU İSTE shall not have any liability on account of late or incomplete fulfilment or nonfulfilment of any performance designated under these Terms. This circumstance and other such circumstances shall not be deemed late or incomplete fulfilment or nonfulfillment or default on the part of SU İSTE or no compensation in any name shall be claimed from SU İSTE. The term "force majeure" shall be construed as unavoidable events outside the reasonable control of the relevant party and which cannot be prevented despite the due care of SU İSTE, including but not limited to natural disasters, riots, warfare, strike, communication issues, infrastructure and internet failures, power outage and adverse weather conditions.

5.4. APPLICABLE LAW AND JURISDICTION

Turkish Law shall apply to the implementation, interpretation of these Terms and the legal relations arising from these Terms, and Istanbul Central Courts and Execution Offices shall have jurisdiction over all kinds of disputes arising or which may arise out of and/or in connection with these Terms. Rights arising from consumer legislation and the jurisdiction of the Consumer Arbitration Committees and the Consumer Courts are reserved.

5.5. TERMINATION

These Terms shall remain in effect and continue to bear their consequences for the Parties until the termination of the Customer’s membership. SU İSTE may unilaterally terminate these Terms in the case of the Customer’s acting in breach of the provisions set out hereunder and other such rules as to the use, membership of the Application and SU İSTE’s services.

5.6. VALIDITY OF SU İSTE’S RECORDS

Customer agrees that, in disputes which may arise under these Terms; the electronic records and system records kept by SU İSTE in its database or servers as well as SU İSTE’s commercial records, books, microfilm, microfiche and computer records shall constitute valid, binding, conclusive and exclusive evidence; and that the Customer has exempted SU İSTE from an oath and that this clause qualifies as an evidential contract in the sense as set out in Article 193 of the Code of Civil Procedure No. 6100.

5.7. ENTRY INTO FORCE

These Terms have entered into force by mutual acceptance upon the Customer’s confirmation given electronically.