Membership Agreement
MEMBERSHIP AGREEMENT
- SIDES
1.1. This membership agreement (" Membership Agreement ") is headquartered in Nisbetiye Mah. Aytar Cad. Fecri Ebcioglu Sok. RubiBrands Elektronik Ticaret ve Bilişim Hizmetleri A.Ş., located at Rsd Office Blok No:4 Interior Door No: 3 Beşiktaş/İstanbul. (" The Company ") and the member (" Member ") to determine the conditions for the Member to benefit from the Products/Services offered on the Company's Website.
1.2. The Company and the Member will be referred to individually as " Party " and jointly as " Parties " in this Membership Agreement.
- DEFINITIONS
Cookie Policy: It refers to the text that contains information about the cookies used in order to ensure the functional operability of the Website, to improve the shopping experience of the Members and to provide content suitable for their preferences and tastes in line with the information regarding the Members' visits to the Website, and which can be accessed through the Website.
My Account Page : It refers to the Member-specific page that can be accessed only with the username and password determined by the relevant Member, where the Member can perform the necessary actions in order to benefit from the various applications and Services on the Website, enter his personal data and information requested on the basis of the application. .
Website: Refers to the website, mobile applications and mobile site with the domain name www.smyrnaturkishcotton.com , which is owned by the Company and offered by the Company on the Services determined by this Agreement.
Clarification Text Regarding the Processing of Personal Data: It refers to the text that regulates the Company's general privacy policy regarding personal data, including the purposes for which and how the personal data transmitted by the Members through the Website will be used by the Company and can be accessed through the Website.
Member: Means the real person who becomes a member of the Website within the scope of this Membership Agreement with the Company and purchases the products and/or services offered by the Company on the Website.
- SCOPE AND PURPOSE OF THE MEMBERSHIP AGREEMENT
3.1. In accordance with the Membership Agreement, the Member wishes to become a member of the Website, to benefit from the services and to purchase the products and/or services sold by the Company on the Website.
3.2. The purpose of the Membership Agreement is to determine the conditions regarding the provision of products and/or services sold by the Company and the Member's use of the services, and to determine the rights and obligations of the Parties in this direction. With the acceptance of the Membership Agreement by the Member, the Member declares and undertakes that he/she has accepted all kinds of statements regarding the sale of the products, services, usage, content, applications and Members on the Website.
- RIGHTS AND LIABILITIES OF THE PARTIES
4.1. In order to gain membership status, the Membership Agreement must be approved and the information requested on the membership page must be filled with correct and up-to-date information. The user who wants to become a member must be over 18 (eighteen) years old. The Member, who does not provide correct and up-to-date information while filling out the Membership Agreement, is personally responsible for all damages that may arise due to this.
4.2. The Member accepts and declares that he/she will act in accordance with the provisions of this Membership Agreement, all conditions stated on the Website, applicable legislation and ethical rules in the transactions and correspondence he/she performs on the Website. The legal and criminal responsibility for the transactions and actions of the Member within the Website belongs to him.
4.3. The Company, upon the request of the competent authorities pursuant to the current legislation, may share the information of the Member with the said authorities, if necessary in accordance with the Law on Protection of Personal Data No. 6698, by informing the Member in advance and in any case subject to the data transfer rules.
4.4. The user name and password information required by the Member in order to access the My Account Page and perform transactions on the Website is created by the Member, and the security and confidentiality of such information is entirely the responsibility of the Member. The member states that the transactions carried out with his/her own username and password have been carried out by him/her, that he/she is responsible for these transactions in advance, that he/she cannot claim any objection and/or objection that he/she did not perform the works and transactions carried out in this way, and/or It accepts, declares and undertakes that it will not refrain from fulfilling its obligations based on the objection.
4.5. The Member is obliged to carry out the transactions on the Website in a way that does not harm the Website in any way technically. Member, all information, content, material and other content to be provided to the Website, all kinds of programs, viruses, software, unlicensed products, trojan horses, etc. that will harm the system. It accepts and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products, to prevent The member also agrees that he will not enter the My Account Page with robot or automatic login methods.
- TERMINATION OF THE AGREEMENT
5.1. Any of the parties may terminate this Membership Agreement unilaterally and without compensation at any time. In such a termination, the Parties shall mutually fully fulfill their rights and obligations arising up to the date of termination.
5.2. The Company has the right to suspend, terminate, suspend, suspend and pursue the membership if it finds out that the Member has violated any article of this Membership Agreement or has a reasonable suspicion regarding this.
- PRIVACY AND PROTECTION OF PERSONAL DATA
6.1. The Company attaches importance to the processing, security and protection of the personal data provided by the Member through the Website in accordance with all kinds of legislation, including the Law on the Protection of Personal Data No. 6698, in order to benefit from the product sales and services offered on the Website. In this context, the Company collects, uses, transfers and processes the personal data provided by the Member in accordance with the Clarification Text on the Processing of Personal Data on the Website and the Cookie Policy. The Member can always review the Clarification Text on the Processing of Personal Data on the Website for more information on the conditions regarding the use of his personal data and his rights in this regard, by sending an e-mail to the Company address as specified here or on the Website. understands that it can use it with other methods specified in the Application Form.
6.2. Personal data shared by the member in order to create a membership on the Website or to benefit from the Website; The performance of the obligations determined by the Membership Agreement, the implementation of the applications required for the operation of the Website, the provision and presentation of various advantages to the Member, the realization of the payment transactions, the delivery of the orders, the customer services and the follow-up of the complaints and the Member-specific advertising, sales, marketing, surveys, etc. All kinds of electronic communication, profiling, statistical studies are collected, stored and processed by the Company or its business partners in accordance with the Clarification Text on the Processing of Personal Data and the Cookie Policy. In addition, these personal data are authorized public institutions and organizations and third parties for the purpose of communicating with the Member, provided that the obligations arising from the Personal Data Protection Law No. may be shared with private law legal entities.
- INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights of the Smyrna brand and logo, the design of the Website, the software, the domain name and all kinds of trademarks, designs, logos, trade dress, slogans and all other content created by the Company regarding them are the property of the Company. The Member may not use, share, distribute, display, reproduce or create derivative works from the intellectual property rights of the Company or its affiliates without the permission of the Company.
- CONTRACT CHANGES
The Company, at its sole discretion, at any time it deems appropriate this Membership Agreement and any text and policy, terms and conditions, including the Clarification Text on the Processing of Personal Data and the Cookie Policy on the Website, provided that it is not contrary to the provisions of the current legislation, it may change it unilaterally by posting it on the Internet Site. The amended provisions of this Membership Agreement will become valid on the date they are announced on the Website, and the remaining provisions will remain in effect and continue to have their terms and consequences. For the avoidance of doubt, this Membership Agreement cannot be changed unilaterally by the Member.
- FORCE MAJEURE
Employer-employer disputes, including riots, embargoes, government intervention, riots, occupations, wars, mobilizations, strikes, lockouts, labor actions or boycotts, cyber-attack, communication problems, infrastructure and internet failures, system improvement or renovation works, and Failures, power cuts, fires, explosions, storms, floods, earthquakes, migrations, epidemics or other natural disasters that may occur due to any reason, or other events that are beyond the control of the Company, which are not caused by a fault and cannot be reasonably foreseen (" Force Majeure ") If the Company prevents or delays the performance of its obligations arising from this Membership Agreement, the Company cannot be held responsible for its obligations that are prevented or delayed as a result of Force Majeure, and this cannot be considered as a violation of this Membership Agreement.
- MISCELLANEOUS PROVISIONS
10.1. Evidence contract. The Member agrees that the official books and commercial records of the Company and the e-archive records, electronic information, electronic correspondence and computer records kept in the Company's database and servers will constitute binding, final and exclusive evidence in disputes that may arise from this Membership Agreement, and that accepts that the article is in the nature of an evidential contract within the meaning of article 193 of the Code of Civil Procedure No. 6100.
10.2. Applicable Law and Dispute Resolution. This Membership Agreement shall be governed exclusively by the laws of the Republic of Turkey. Any dispute arising from or in connection with this Membership Agreement shall be under the exclusive jurisdiction of Istanbul Central (Çağlayan) Courts and Enforcement Offices.
10.3. Notification. The Company will communicate with the Member via the e-mail address that the Member has provided during registration or by calling the phone number and sending an SMS. The member is obliged to keep his e-mail address and phone number up to date.
10.4. Integrity and Severability of the Membership Agreement. This Membership Agreement constitutes the entire agreement between the Parties on the subject. If any provision of this Membership Agreement is determined by any competent court, arbitral tribunal or administrative authority to be wholly or partially invalid or unenforceable or unreasonable, this Membership Agreement shall be deemed severable to the extent that such invalidity, unenforceability or unreasonableness. and the other provisions will remain in full force and effect.
10.5. Transfer of Membership Agreement. The Member shall not be able to fully or partially transfer or assign his rights or obligations in this Membership Agreement without the prior written consent of the Company.
10.6. Amendment and Waiver. Failure of one of the parties to exercise or exercise any right granted to him in the Membership Agreement shall not constitute a waiver of such right or prevent the further exercise or enforcement of such right.
This Membership Agreement, which consists of 10 (ten) articles, has been concluded and entered into force by the Member, by reading and fully understanding each of its provisions, and being approved in the electronic environment.