Terms of Service
TERMS OF USE
All rights to the website https://barricadegear.com ("Site") belong to ZEYNEP EMRA EMSEN ("Barricade Gear"). The use of the Site by Users and Members is subject to the following terms and conditions. Please read the following Site Terms of Use ("Terms of Use") carefully before using the Site.
I. Description
Membership to the Site is contingent upon your acceptance of the terms listed below. Using the Site indicates your acceptance of these terms. Barricade Gear reserves the right to change the services, products, ideas, and artworks offered on the Site and any information and data provided on the Site without any prior notice. Changes to the Site Terms of Use will become effective upon their publication on the Site and are considered accepted upon the User’s entry to the Site, access in any manner, or use of the Site. Individuals who complete the membership form in full and whose memberships are deemed appropriate by Barricade Gear are considered "Members." Membership requires being at least 18 years old. Legal entities can only apply for membership through their legal representatives.
All members and visitors ("Users") who log in to the Site, visit the Site, use the Site in any way, access the Site, and/or connect to the Site in any other manner agree in advance to comply with the Barricade Gear Website Terms of Use set forth on this page. The term "User" refers to any individual who accesses the Site by logging in as a member or in any way connects to the Site, examines or uses the Site, or connects to the Site via any communication device (such as a mobile phone or computer) or exchanges electronic data through the Site.
II. Service Content
The service provided by Barricade Gear through the Site includes the delivery of products available for sale on the Barricade Gear website to the customer without defects and damage by the shipping company, within the promised time, provided that the payment has been made by the member and the stock status of Barricade Gear is suitable.
III. General Terms and Conditions
Barricade Gear continuously checks the accuracy and currency of the information available on the Site. However, members and users should be aware that this information may not always be up to date.
Barricade Gear reserves the right to cancel membership at any time without any justification.
All intellectual property rights related to the Site (information, articles, pictures, trademarks, slogans, and other marks, page layout, etc.) exclusively belong to Barricade Gear. Copying, modifying, publishing, sending via online or other media, distributing, or selling any intellectual property provided on the Site, in part or in whole, is explicitly and clearly a violation of the Law No. 5846 on Intellectual and Artistic Works and will be subject to legal and criminal penalties.
Members are responsible for the safe use of their credit cards. Barricade Gear is not liable for any direct or indirect damages arising from breach of contract, tort, or other reasons.
Barricade Gear may terminate this contract at any time without notice and may transfer it in part or in whole. The transfer of the contract by the user or member is invalid.
Barricade Gear reserves the right to remove the Site from publication or change its content at its sole discretion.
Users and Members are required to act in accordance with general morality and etiquette, all applicable national and international laws and regulations, and communication and internet security while using the Site. Any expressions, comments, articles, pictures, visuals, and any information and documents that Users add to the Site must comply with general morality and etiquette and relevant national and international legislation.
Any actions or operations that could damage, adversely affect, or slow down the software and hardware systems of the Site are prohibited. This prohibition includes making multiple inquiries or opening membership registrations using automated programs or software, or sending numerous requests or information to the Site through automated methods.
Members accept, declare, and undertake that the passwords provided to them are exclusively for their own use and will not share these passwords with others, otherwise, they will be responsible for any damages that may arise. Barricade Gear is not responsible for verifying the accuracy and completeness of the information provided by the member during the membership application. Barricade Gear has no legal responsibility for any damages arising from the provision of incorrect membership information.
Barricade Gear reserves the right to take all necessary security measures, including blocking access to the Site and canceling memberships of Users who act in violation of the Site Terms of Use and the rules mentioned above, and to initiate legal action against violators if necessary.
Barricade Gear has no legal or criminal liability for any and all direct and indirect damages, losses, damages, and/or losses of any kind that Users, Members, or other third parties may suffer due to the use of the Site, the use of the data and information provided on the Site, actions taken based on this data and information, or access to the Site, including but not limited to any type of computer viruses, trojans, and similar malicious software (malware). Users accept, declare, and undertake in advance that they will not make any claims or demands from Barricade Gear for the aforementioned damages under any name.
Disputes arising from this "WEBSITE TERMS OF USE AND MEMBERSHIP AGREEMENT" are subject to Turkish Law, and the Central Courts and Execution Offices of Istanbul are authorized.
I hereby accept and declare that all my personal data provided by me in this form and in any other way, including but not limited to those specified herein, will be processed for the purposes of creating a sales history, issuing an invoice, defining a loyalty card to the membership account, sending printed communication materials, delivering products, sending e-invoices, informing about promotions and various campaigns, conducting marketing communication, conducting customer analysis, increasing customer loyalty, producing special products, and similar purposes in accordance with Law No. 6698 on the Protection of Personal Data (“Law”), to be processed, used, and transferred within the framework of the principles, operations, processes, targets, and strategies of Barricade Gear to Barricade Gear, its partners, the institutions it works with, and third parties when necessary for the purpose of data processing and to protect the rights and interests and reputation of Barricade Gear, its partners, company officials, banks, funds, companies, and other third parties. I hereby give my explicit consent, provided that my rights to (i) learn whether my personal data is being processed, (ii) request information if my personal data has been processed, (iii) learn the purpose of processing my personal data and whether they are used in accordance with the purpose, (iv) know the third parties to whom my personal data is transferred, (v) request the correction of my personal data if they are incomplete or incorrectly processed, and request that this be communicated to the third parties to whom my personal data has been transferred, and (vi) request compensation if I suffer damage due to the unlawful processing of my personal data, are reserved.
In accordance with Article 11 of the KVKK, as the data subject, you have the right to:
a) Learn whether your personal data is being processed,
b) Request information if your personal data has been processed,
c) Learn the purpose of processing your personal data and whether they are used in accordance with the purpose,
ç) Know the third parties to whom your personal data is transferred within the country or abroad,
d) Request the correction of your personal data if they are incomplete or incorrectly processed,
e) Request the deletion or destruction of your personal data within the framework of the conditions stipulated in Article 7 of the KVKK,
f) Request that the actions taken pursuant to subparagraphs (d) and (e) be notified to the third parties to whom your personal data has been transferred,
g) Object to the emergence of a result against you by analyzing your processed data exclusively through automated systems,
ğ) Request compensation if you suffer damage due to the unlawful processing of your personal data.
You can convey your requests regarding your above-mentioned rights to Barricade Gear through the e-mail address "contact@barricadegear.com." Barricade Gear will evaluate and conclude the incoming requests within 30 (thirty) days at the latest. While it is essential not to charge any fee for requests, Barricade Gear reserves the right to charge a fee based on the tariff determined by the Personal Data Protection Board.
DISTANCE SALES CONTRACT
**1. PARTIES**
This Agreement is signed between the following parties under the terms and conditions specified below.
**‘BUYER’; www.barricadegear.com (hereinafter referred to as "BUYER" in the contract)**
**‘SELLER’; ZEYNEP EMRA EMSEN (hereinafter referred to as "SELLER" in the contract)**
By accepting this contract, the BUYER acknowledges in advance that they will be under the obligation to pay the order amount and any additional fees such as shipping and taxes, if the order is confirmed.
**2. DEFINITIONS**
The terms written below will represent the corresponding definitions in the application and interpretation of this contract.
**MINISTER**: The Minister of Customs and Trade,
**MINISTRY**: The Ministry of Customs and Trade,
**LAW**: The Law No. 6502 on Consumer Protection,
**REGULATION**: The Regulation on Distance Contracts (Official Gazette: 27.11.2014/29188),
**SERVICE**: Any consumer transaction other than the supply of goods, which is performed or committed to be performed in exchange for a fee or benefit,
**SELLER**: The company that offers goods to the consumer within the scope of its commercial or professional activities, or acts on behalf of or on account of the provider,
**BUYER**: The real or legal person who acquires, uses, or benefits from a good or service for non-commercial or non-professional purposes,
**SITE**: The internet site of the SELLER,
**ORDER PLACER**: The real or legal person who requests a good or service through the SELLER’s internet site,
**PARTIES**: The SELLER and the BUYER,
**CONTRACT**: This contract signed between the SELLER and the BUYER,
**GOODS**: Movable items subject to shopping and software, sound, images, and similar intangible goods prepared for use in the electronic environment.
**3. SUBJECT**
This Contract regulates the rights and obligations of the parties regarding the sale and delivery of the product, which the BUYER ordered electronically through the SELLER’s internet site, under the Law No. 6502 on Consumer Protection and the Regulation on Distance Contracts.
The listed and announced prices on the site are the selling prices. The announced prices and commitments are valid until they are updated and changed. The prices announced for a specific period are valid until the end of the mentioned period.
**SELLER INFORMATION**
**Name**: ZEYNEP EMRA EMSEN
**Address**: USKUMRUKÖY MAH. ŞEHİT TEVFİK İNAN SOK NO: 14 / 71, 34450, SARIYER / ISTANBUL
**Email**: contact@barricadegear.com
**BUYER INFORMATION**
The person shopping through www.barricadegear.com
Delivery Person
Delivery Address
Phone
Fax
Email/Username
**ORDER PLACER INFORMATION**
The person shopping through www.barricadegear.com
Name/Surname/Title
Address
Phone
Fax
Email/Username
**PRODUCT/PRODUCTS SUBJECT TO THE CONTRACT**
The basic characteristics of the goods/services (type, quantity, brand/model, color, number) are published on the SELLER’s internet site. During the campaign period, you can review the basic characteristics of the related product if the seller organizes a campaign. The campaign is valid until the specified date.
7.2. The listed and announced prices on the site are the selling prices. The announced prices and commitments are valid until they are updated and changed. The prices announced for a specific period are valid until the end of the mentioned period.
7.3. The total selling price of the goods or services subject to the contract, including all taxes, is shown below.
Payment Method and Plan
Delivery Address
Person to be delivered
Invoice Address
Order Date
Delivery Date
Delivery Method
7.4. The shipping fee, which is the product shipment cost, will be paid by the BUYER.
**8. INVOICE INFORMATION**
Name/Surname/Title
Address
Phone
Fax
Email/Username
Invoice delivery: The invoice will be delivered along with the order to the invoice address during the order delivery.
**GENERAL PROVISIONS**
9.1. The BUYER accepts, declares, and undertakes that they have read the basic characteristics, sales price, and payment method and the preliminary information about delivery on the SELLER’s internet site, and have given the necessary confirmation in the electronic environment. The BUYER confirms, declares, and undertakes that they have obtained the necessary information about the address, basic characteristics of the ordered products, prices including taxes, payment, and delivery information correctly and completely, before the establishment of the distance sales contract.
9.2. Each product subject to the contract will be delivered to the BUYER or the person and/or organization at the address indicated by the BUYER, within the period specified in the preliminary information section on the internet site, depending on the distance of the BUYER’s place of residence, not exceeding the legal period of 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.
9.3. The SELLER accepts, declares, and undertakes to deliver the product subject to the contract fully, in accordance with the qualifications specified in the order, and with the information and documents required by the work, such as warranty certificates, user manuals, if any, free from any defects, in accordance with the requirements of the legal legislation, in accordance with the principles of honesty and integrity, to maintain and improve the service quality, to show the necessary care and attention during the performance of the work, and to act with caution and foresight.
9.4. The SELLER can supply a different product of equal quality and price by informing the BUYER and obtaining their explicit approval before the performance obligation period expires.
9.5. If the SELLER fails to fulfill its contractual obligations in case the fulfillment of the order or service becomes impossible, the SELLER accepts, declares, and undertakes that they will notify the consumer in writing within 3 days from the date they become aware of this situation and will return the total price to the BUYER within 14 days.
9.6. The BUYER accepts, declares, and undertakes that they will confirm this contract electronically for the delivery of the product subject to the contract, and if for any reason the price of the contract product is not paid and/or canceled in the bank records, the SELLER’s obligation to deliver the contract product will cease.
9.7. The BUYER accepts, declares, and undertakes that if the product subject to the contract is delivered to the BUYER or the person and/or organization at the address indicated by the BUYER, after the delivery, if the relevant bank or financial institution does not pay the price of the product to the SELLER due to the unauthorized use of the BUYER's credit card by unauthorized persons, the BUYER will return the product to the SELLER within 3 days at the SELLER's expense.
9.8. The SELLER accepts, declares, and undertakes to inform the BUYER if they cannot deliver the product subject to the contract within the period due to force majeure events such as the occurrence of unforeseen, unexpected, and unavoidable events preventing and/or delaying the parties from fulfilling their debts, and the BUYER has the right to cancel the order, replace the product subject to the contract with its equivalent if any, and/or postpone the delivery period until the impeding situation is removed. In case the BUYER cancels the order, the SELLER accepts, declares, and undertakes to return the product price to the BUYER in cash and in full within 14 days for payments made by the BUYER in cash. For payments made by the BUYER with a credit card, the product price will be returned to the relevant bank within 14 days after the cancellation of the order by the BUYER, and the BUYER accepts, declares, and undertakes that the SELLER cannot be held responsible for any delays that may occur after the refund to the bank since the reflection of the amount refunded to the BUYER's account is entirely related to the bank transaction process.
9.9. The SELLER has the right to reach the BUYER for communication, marketing, notification, and other purposes through the address, email address, fixed and mobile phone lines, and other contact information specified in the registration form on the site or later updated by the BUYER. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities directed towards them.
9.10. Before receiving the goods/services subject to the contract, the BUYER will inspect the goods/services; they will not receive damaged and defective goods/services such as crushed, broken, torn packaging, etc., from the cargo company. The goods/services received will be deemed undamaged and intact. The obligation to carefully protect the goods/services after delivery belongs to the BUYER. If the right of withdrawal will be used, the goods/services should not be used. The invoice must be returned.
9.11. If the owner of the credit card used during the order is not the same person as the BUYER or a security vulnerability is detected regarding the credit card used in the order before the delivery of the product to the BUYER, the SELLER may request from the BUYER the identification and contact information of the credit card holder, the statement of the credit card used in the order for the previous month, or a letter from the bank of the cardholder stating that the credit card belongs to them. The order will be frozen until the BUYER provides the requested information/documents, and if the mentioned requests are not met within 24 hours, the SELLER reserves the right to cancel the order.
9.12. The BUYER declares
Privacy Policy
BARRICADE GEAR CUSTOMER INFORMATION TEXT REGARDING THE PROCESSING OF PERSONAL DATA
In accordance with the Personal Data Protection Law No. 6698 (“Law”), [Zeynep Emra Emsen] (“Company”), as the data controller, may process your personal data within the framework described below. Your personal data is processed by our Company in accordance with the processing purposes and legal reasons specified in this information text, in compliance with the law and in good faith, for specific, clear, and legitimate purposes, limited, proportional, and necessary for the purpose.
#### Method of Collecting Personal Data, Purpose of Processing, and Legal Reason
Your personal data is collected through online participation forms/contact forms/application forms filled out electronically, call centers, our mobile applications, text messages, email channels, and face-to-face meetings and forms when you contact our Company in a physical environment within the scope of fulfilling the purposes listed below ("Purposes").
Your personal data is collected and processed by our Company based on the personal data processing conditions specified in Article 5 of the Law for the following Purposes and legal reasons.
Based on the legal reason that it is necessary to process personal data belonging to the parties of a contract, provided that it is directly related to the establishment or performance of a contract:
- Identity and contact data for updating customer contact information,
- Identity, contact, financial, and customer transaction data for opening sales records and carrying out invoicing activities,
- Identity, contact, customer transaction, and financial data for the establishment or performance of a sales contract due to your purchase of our products and services.
Based on the legal reason that it is necessary for the data controller to fulfill its legal obligations and it is explicitly stipulated by the laws:
- Identity, contact, financial, and customer transaction data for issuing an invoice in return for the goods and services you receive within the framework of the Tax Procedure Law,
- Identity, contact, and customer transaction data for fulfilling official institution requests,
- Identity, contact, and customer transaction data for providing information to authorized institutions arising from legislation,
- Transaction security data to ensure compliance with storage obligations stipulated in the legislation,
- Identity, contact, customer transaction, request, and complaint data to respond to relevant person applications in accordance with the legislation and to carry out necessary processes.
Based on the legal reason that processing is mandatory for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the relevant person:
- Identity, contact, customer transaction, and financial data for keeping accounting records and tracking financial transactions due to your status as a store customer,
- Identity, contact, customer transaction, request, and complaint data for making necessary studies by our business units to benefit relevant persons from our products and services offered by our Company, including sales and marketing activities,
- Identity, contact, customer transaction, request, and complaint data for managing customer relations,
- Identity, contact, customer transaction, request, complaint, and financial data for making necessary studies by our business units to carry out commercial activities conducted by our Company and associated business processes,
- Identity, contact, customer transaction, financial, and legal transaction data for ensuring the legal, technical, and commercial-business security of our Company and relevant persons who are in business relationships with our Company,
- Identity, contact, customer transaction, request, and complaint data for determining and implementing the commercial and business strategies of our Company,
- Identity, contact, customer transaction, transaction security, financial, legal transaction, request, and complaint data for tracking and conducting legal affairs,
- Transaction security data for carrying out information security processes,
- Identity, contact, customer transaction, request, complaint, financial, and legal transaction data for conducting audit and ethical activities,
- Identity, contact, customer transaction, financial, request, and complaint data for planning and executing customer satisfaction and corporate communication activities,
- Identity and contact data for conducting draws, campaigns, competitions, promotions, or advertising activities.
Based on the legal reason that data processing is mandatory for the establishment, exercise, or protection of a right:
- Identity, contact, customer transaction, request, and complaint data for receiving, evaluating, and concluding your requests and complaints,
- Identity, contact, customer transaction, request, complaint, financial, legal transaction, and transaction security data for storing personal data during the general statute of limitations to serve as evidence in potential future disputes.
In the presence of your explicit consent:
- Identity, contact, customer transaction, request, and complaint data for processing to conduct marketing processes of our Company's products and services by contacting you, to customize the products and services offered by our Company according to the preferences, usage habits, and needs of the relevant persons, and to recommend and promote them to the relevant persons,
- Identity and contact data for processing for sending commercial electronic messages such as advertisements and promotions.
#### To Whom and For What Purpose Processed Personal Data Can Be Transferred
Your personal data collected in line with the above Purposes may be transferred to our business partners, suppliers, group companies residing within the country, and legally authorized public institutions and private individuals within the framework of the personal data processing conditions and purposes specified in Article 8 of the Law.
#### Rights of the Relevant Person as Stipulated in Article 11 of the Law
By applying to us, you have the right to:
a) Learn whether your personal data is processed,
b) Request information if your personal data has been processed,
c) Learn the purpose of processing your personal data and whether they are used in accordance with their purpose,
d) Know the third parties to whom your personal data is transferred within the country or abroad,
e) Request correction of your personal data if it is incomplete or incorrectly processed,
f) Request deletion or destruction of your personal data within the framework of the conditions stipulated in Article 7 of the Law,
g) Request notification of the transactions made pursuant to subparagraphs (e) and (f) to third parties to whom your personal data has been transferred,
h) Object to the occurrence of a result against you by analyzing the processed data exclusively through automated systems,
i) Demand compensation for the damage arising from the unlawful processing of your personal data.
To exercise your rights, complaints made by data subjects whose personal data is processed by Barricade Gear will be answered and resolved by Barricade Gear as soon as possible and at the latest within 30 days. The data subject can submit their requests and complaints in person with identity verification, through a notary public with a notarized power of attorney, through a notary, or by using a secure electronic signature to the registered email addresses and contact@barricadegear.com.