MEMBERSHIP AGREEMENT
Please read this ‘site usage terms’ carefully before using our site.
Customers who use and shop on this e-commerce site are deemed to have accepted the following terms:
The web pages on our site and all pages affiliated with it ('site') belong to and are operated by the company ……………………… at the address ………………………………. ('Company'). When you ('User') use all services offered on the site, you agree to be subject to the following terms, and by benefiting from and continuing to use the service on the site, you acknowledge that you have the legal capacity and authority according to applicable laws to enter into a contract, are over 18 years old, have read, understood, and agree to be bound by the terms written in this agreement.
This agreement is indefinite and imposes rights and obligations related to the site subject matter to the parties. Upon accepting/approving this agreement online or in writing, the parties declare and undertake that they will fulfill the mentioned rights and obligations completely, correctly, timely, and within the conditions requested in this agreement.
1. RESPONSIBILITIES
The Company reserves the right to change prices and offered products and services at any time.
The Company agrees and undertakes that the member will benefit from the contract-related services except for technical faults.
The User agrees in advance that they will not perform reverse engineering on the site's use or perform any other operation aimed at finding or obtaining the source code; otherwise, they will be responsible for damages arising before third parties and legal and penal actions will be taken against them.
The User accepts that they alone are responsible for any damages resulting from providing incomplete or incorrect information during site registration, and in case of false information or breach of this agreement by the Member, the Company may unilaterally terminate the membership without any notification or warning.
Information such as the name of the Internet service provider used to access the site, Internet Protocol (IP) address, date and time of access, pages accessed during the visit, and the web address of the site directly connected to can be collected by the Company for improving and developing the website and/or within the scope of legal regulations. The User agrees to the collection of this information.
The User agrees not to produce or share content within the site that violates general morality and decency, is illegal, damages the rights of third parties, is misleading, aggressive, obscene, pornographic, injures personal rights, infringes copyrights or promotes illegal activities. Otherwise, the User will be fully responsible for any damage caused, and the ‘Site’ authorities reserve the right to suspend, terminate such accounts, and initiate legal proceedings. In such cases, the site reserves the right to share information with judicial authorities regarding events or user accounts.
Relationships between site members, themselves, or third parties are their own responsibility.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. All registered or unregistered intellectual property rights such as titles, business names, trademarks, patents, logos, designs, information, and methods on this Site belong to the site operator and owner company or the designated party and are protected by national and international law. Visiting this Site or benefiting from the services does not grant any rights over these intellectual property rights.
2.2. The information on the Site cannot be reproduced, published, copied, presented, and/or transferred in any way. The entirety or part of the Site may not be used on another website without permission. In such violation, the User will be responsible for compensation demanded from the Company due to damages incurred by third parties as well as court costs, attorney fees, and all other liabilities without limitation.
3. CONFIDENTIAL INFORMATION
3.1. The Company shall not disclose personal information provided by users through the site to third parties. Such personal information includes but is not limited to name, surname, address, phone number, mobile phone, e-mail address, and other information identifying the User, collectively referred to as ‘Confidential Information’.
3.2. The User agrees and declares that, limited to use in promotional, advertising, campaign, notification, and similar marketing activities, the company owning the Site may share their communication, portfolio status, and demographic information with its affiliates or group companies and approve receiving electronic communications in this context. Such personal information may be used within the company for customer profiling, offering promotions and campaigns suitable for the customer profile, and conducting statistical studies.
3.3. The User has the right to cancel the consent given in this agreement without any reason. The Company will immediately process cancellation and stop sending electronic communications to the User within 3 (three) business days.
3.4. Confidential Information may only be disclosed to official authorities where legally required to do so by official demands or mandatory legislation in force.
4. NO WARRANTY:
THIS CLAUSE SHALL BE VALID TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES PROVIDED BY THE COMPANY ARE OFFERED "AS IS" AND "AS AVAILABLE" AND, INCLUDING ALL IMPLIED WARRANTIES REGARDING MARKETABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, THE SERVICES OR APPLICATIONS (INCLUDING ALL INFORMATION CONTAINED THEREIN) ARE PROVIDED WITHOUT ANY EXPRESS, IMPLIED, STATUTORY, OR OTHER WARRANTIES.
5. REGISTRATION AND SECURITY
Users must provide accurate, complete, and up-to-date registration information. Otherwise, this Agreement will be considered breached and the User’s account may be closed without notification.
The User is responsible for the security of passwords and accounts on the site and third-party sites. The Company shall not be held liable for data loss, security breaches, or damage to hardware and devices that may occur otherwise.
6. FORCE MAJEURE
If the obligations arising from the contract cannot be fulfilled due to reasons beyond the control of the parties, such as natural disasters, fires, explosions, civil wars, wars, uprisings, popular movements, declaration of mobilization, strikes, lockouts, epidemics, infrastructure and internet failures, power outages, etc. (referred to collectively as "Force Majeure" below), the parties shall not be responsible for these. During this period, the rights and obligations arising from this Agreement will be suspended.
7. ENTIRE AGREEMENT AND ENFORCEABILITY
If any part of this agreement becomes partly or wholly invalid, the remainder of the agreement shall continue to be valid.
8. CHANGES TO THE AGREEMENT
The Company may partially or completely change the services offered on the site and the terms of this agreement at any time. Changes will be effective from the date they are published on the site. It is the User’s responsibility to monitor the changes. By continuing to benefit from the offered services, the User is deemed to have accepted these changes.
9. NOTIFICATIONS
All notifications related to this Agreement sent to the parties will be made via the known e-mail address of the Company and the e-mail address specified by the User in the membership form. The User agrees that the address provided during registration is the valid notification address and will notify the other party in writing within 5 days if it changes; otherwise, notifications sent to this address will be considered valid.
10. EVIDENCE AGREEMENT
In any disputes arising from transactions related to this agreement, the parties' books, records, documents, computer records, and fax records shall be accepted as evidence under the Turkish Code of Civil Procedure No. 6100, and the User agrees not to object to these records.
11. DISPUTE RESOLUTION
Courts and Enforcement Offices in Istanbul (Central) shall have jurisdiction over all disputes arising from the implementation or interpretation of this Agreement.
Dear Customers, Potential Customers and Website Visitors, as {TITLE WILL BE INSERTED HERE} ("" or "Company”), we attach great importance to the protection of your personal data. Within this scope, we would like to inform you about your personal data and processing procedures as the "data controller” pursuant to Law No. 6698 on the Protection of Personal Data ("KVKK”).
WHAT PERSONAL DATA OF YOURS ARE PROCESSED
Your identification information (Full Name, Date of Birth, Turkish ID Number)
Your contact information (Address, email address, phone number)
Details regarding your use of the Site (your behaviors on the site, your transactions, preferences, visited products, etc.)
Your assigned Username and Password
Your company information (Company name, phone, address)
Upon the Establishment of the ……… Contract;
Your identification information (Full Name, Date of Birth, Turkish ID Number)
Your contact information (Address, email address, phone number)
In case you request an invoice and share with us (Turkish ID Number, Tax Identification Number)
If you pay by credit card, processing your data to be sent to the Payment Institution
If Wire Transfer is chosen as the Payment Method, bank IBAN and bank-related information you use,
If You Are a User;
Your assigned Username and Password
Your company information (Company name, phone, address)
Records of the services provided by our company (Request and Complaint Management)
Records formed by the form regarding your complaints
If you are a user, information belonging to your customers arising only from storage and system usage without determining the purposes and means of processing ………. within the scope of the electronic commerce system we provide,
If You Give Electronic Commercial Communication Permission;
Your identification information (full name),
Your contact information (address, email address, phone number)
Details regarding your use of the site (your behaviors on the Site, your transactions, preferences, visited products, etc.)
Information for marketing purposes (Date of birth, Site usage, shopping habits, demographic member/user/customer information such as address and habits, all types of purchasing habits-preferences, likes and relevant comments related to products and services, campaigns utilized, surveys, etc., invoice contents, payment methods (cash, credit card, etc.) and payment details (installment amount, etc.), old and new mobile/home/work phone/fax numbers, email addresses, identification information (cookies, web browser markers-data, IP, beacon, wired-wireless network connection information, etc.),
PURPOSES OF PROCESSING YOUR PERSONAL DATA
Your personal data may be processed for the following purposes in accordance with the legislation on the protection of personal data;
General Purposes:
When you contact us, your identity and contact information to resolve your issues and complaints and, if necessary, to communicate with you,
To fulfil our obligations arising from legislation and to fulfil our legal obligations such as information security with authorized and responsible public institutions and organizations, identity, contact, invoice, and shopping information,
To use all kinds of lawsuit, response and objection rights against official institutions and organizations such as courts, enforcement offices, arbitration boards arising from disputes resulting from the contract, your identity, contact, invoice, and shopping information,
To distinguish the records we created about you in our system from those related to other customers and to enable you to benefit from post-sale operational processes without presenting invoice/receipt, your identity and contact information
In case you request invoice issuance, your identity and invoice information for invoice issuance,
If you want to make payment by credit card, your credit card information to receive payment (credit card information is transferred to the payment institution without being recorded.)
To fulfil our storage obligations arising from legislation, your identity, shopping, and invoice information
If You Are a User,
Within the scope of the User Complaint and Request Form to ensure the improvement of our product and to respond immediately to your requests,
For the follow-up of regular payments and to ensure the editing with your account information and management of your Electronic Commerce environment provided to you,
To ensure the execution of your sales if you are a user,
For the management of your requests within the service provided and to provide the best service principle and the best way for users to carry out electronic commerce,
For the management of your electronic commerce site with our business partners to whom we transfer your data if located on or requested in the website,
If You Give Electronic Commercial Communication Permission
We process your identity, contact, shopping, and marketing data for the purpose of creating/performing general or personalized campaigns, advantages, promotions, advertisements, notifications, marketing activities, and any kind of commercial communication activities targeting you.
METHOD OF COLLECTION AND LEGAL REASON FOR YOUR PERSONAL DATA
Your personal data is processed by {TITLE WILL BE INSERTED HERE} within the framework of your transactions on the Site, your requests and complaints, your purchases, all kinds of shopping, collection, delivery, transaction, survey filling on the Site, automatic methods or electronic systems obtained under your Electronic Commercial Communication Permission.
As {TITLE WILL BE INSERTED HERE}, we collect your personal data based on the legal reasons of "processing data is necessary for the establishment and performance of the contract”, "fulfillment of a legal obligation”, and "processing of data is mandatory for the legitimate interests of the data controller” regarding ………. processes on the Site; for storage obligations derived from legislation, "fulfillment of a legal obligation”; if you are a user, "processing data is necessary for the establishment and performance of the contract” and "processing data is mandatory for exercising the right” in the follow-up of your requests and complaints; and in case you give Electronic Commercial Communication Permission and to offer you new services with Our Business Partners, based on the legal ground of explicit consent.
Explicit consent involves; it is clearly stipulated in other legislation to which our company is subject,
Provided that it is directly related to the establishment or performance of a contract, the processing of personal data belonging to the parties of the contract is necessary, ensuring the provision of requested products and services and the fulfilment of contracts you have made,
Being mandatory to fulfill a legal obligation,
Being made public by the person himself/herself,
Being mandatory for the establishment, exercise or protection of a right by processing data,
Being mandatory for the legitimate interests of the data controller provided that it does not harm the fundamental rights and freedoms of the person concerned.
Having your explicit consent; Personal data other than health data may be processed without explicit consent in cases prescribed by laws,
Health-related personal data, however, may only be processed without explicit consent by persons under obligation of confidentiality or authorized institutions and organizations for the purposes of protecting public health, preventive medicine, medical diagnosis, treatment, and care services, planning and management of health services and financing.
TRANSFER OF YOUR PERSONAL DATA
As {TITLE WILL BE INSERTED HERE}, we transfer your personal data;
To our business partners and service providers located domestically and abroad for purposes such as receiving information technology, marketing activities, or expert consultancy services, support in personal data collection processes, services such as call centers, personal data collection via devices, marketing consultancy, database, electronic communication tool providers, consultancy, etc., or abroad if the servers of our local business partners are located abroad,
With our dealers and business partners for the purpose of resolving your purchases made on the Site and all other product requests,
With our business partners to whom we transfer your data placed on or requested from our site for the purpose of receiving services,
To authorized and competent public institutions and judicial authorities for providing information and documents and fulfilling our other related obligations and to use our legal rights such as lawsuits and responses,
If you pay by credit card, your credit card information is transferred to relevant banks, electronic payment institutions, or third parties providing such services without being recorded by …………. .
YOUR RIGHTS
According to Article 11 of the Law; via the methods indicated in the "Contact” section of this Policy
Learning whether your Personal Data is processed or not,
Requesting information if your Personal Data is processed,
Learning the purpose of processing Personal Data and whether it is used appropriately for that purpose,
Knowing third parties to whom your Personal Data is transferred domestically or abroad,
Requesting correction of your Personal Data in case of incomplete or incorrect processing,
Requesting deletion or destruction of your Personal Data under the conditions stipulated in the KVKK legislation,
Requesting notification to third parties to whom your Personal Data was transferred,
Objecting to the emergence of a result against you by exclusively analyzing the processed data through automated systems,
Requesting compensation for damages in case you suffer damages due to unlawful processing of your Personal Data.
CONTACT
You can submit your applications to …… as the Data Controller via the designated e-mail address for the application procedure ………………. from your registered e-mail on the system, or in writing to the address indicated below for ……….. (Please note that in cases where the relevant request must be made according to a specific procedure as per laws, the said procedure must be followed.)
Address:
Phone: