MEMBERSHIP AGREEMENT
1. PARTIES:
1.1. This Membership Agreement has been mutually agreed between the Kemal KIRIM ARTER Home ("SELLER") and Name / Surname ("Member") located at the address "CONTRACT" " Göztepe Mah. Batışehir Cad. Batışehir Premium Ofis K3 Blok K: 13 D: 42 " to result in the following provisions. and approved.
1.2. The SELLER and the Member will be referred to as "Party" individually and collectively as "Parties" in this Agreement.
2. PURPOSE AND SCOPE OF THE MEMBERSHIP AGREEMENT:
2.1. This Contract is to determine the conditions for the members to benefit from the services offered by the SELLER in the online electronic commerce platform called www.arterhome.com and the "Web Site". Signed for the determination of the rights and obligations of the parties .
2.2. Pursuant to this Agreement, the Member wishes to become a member of the electronic commerce platform called www.arterhome.com domain managed by the SELLER and to purchase the products and / or services sold on this platform.
2.3. The SELLER operates the Web Site and brings together suppliers, intermediaries, service providers, producers, consumers and institutions with or without commercial purpose to shop in a virtual marketplace that accelerates communication and business processes, increases efficiency and saves financial resources.
2.4. With the acceptance of this Agreement by the Member, the Member acknowledges, declares and undertakes that he / she accepts all kinds of statements regarding the services, usage, contents, applications, Members and users provided by the SELLER on the Website . .
2.5 For the avoidance of doubt, this Agreement covers only the terms and conditions for the services offered by the SELLER to the Member on the website . The contract that members will approve for the products they have purchased is not covered by this contract.
3. DEFINITIONS
Privacy Policy: It regulates the general privacy policy of the SELLER regarding personal data and cookie use , including for what purposes and how the SELLER will use the personal data transmitted by the Members through the Website and https://www.arterhome.com/en/privacy-policy refers to the text that can be accessed.
My Account Page: It refers to the special page for the Member that can be accessed only with the user name and password specified 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 information and the information requested from him on the application basis..
Services: the Members of the business to enable its business and operations that are defined in the Membership Agreement in order to express applications put forward by the SELLER.
Online Shop: the seller on the website of the seller in accordance with the procedures and rules of one or more than one product and / or service consists of the publication of advertisements for the sale of content and visually expresses the sandbox.
Member: Refers to the real person who purchases the products and / or services offered for sale on the website, which is a member of the Website within the scope of this Membership Agreement with the SELLER.
Website: Refers to the website with the domain name www.arterhome.com, the property of which belongs to the SELLER and on which the SELLER provides the services specified in this Agreement .
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. In order to gain membership status, the user who wants to become a member must approve this Membership Agreement on the Website, fill in the information requested here with accurate and up-to-date information, and the membership application must be evaluated and approved by the SELLER. The user who wants to become a member will be required to be over the age of 18 (eighteen). The completion of the ratification process and to the Member by the reports and thus starts Membership status Member of this Agreement are achieved and the rights and obligations specified in the relevant places in the Website. The Member who does not provide accurate and up-to-date information while filling out the said Membership Agreement is personally responsible for all damages that may arise for this reason. The member has the right to terminate the membership status at any time by clicking the "Cancel Membership" button, which can be accessed from the My Account page .
4.2 If there is a dispute about the person whose membership rights and obligations belong to the SELLER and the said persons make a request from the SELLER, the SELLER accepts that the last person who made a payment to the SELLER for any service using the relevant Membership account is the owner of the Membership account, will take action accordingly. In such a case, the SELLER reserves the right to act independently of the rule specified in this Article 4 in line with Membership information, Member transactions and similar information.
4.3 If the Member wishes to initiate any legal action or purchase process regarding the advertisements displayed on the Website, he / she is obliged to fulfill all the necessary legal obligations and legal procedures, including those on the Website, with the obligations and procedures to be carried out by him. it accepts and declares that the SELLER has no information and responsibility in relation to it.
4.4 The SELLER, at its sole discretion, has the right to check the contents on the Website at any time and to close or delete the access if necessary. Web Site in any publications that visual, written and other content vendor or violates the rights of third parties who contacts, vendor and / or question is liable to third parties.
4.5 The Member declares that the SELLER is the seller party and he is the buyer party in the distance sales contracts to be concluded in the purchases made via the Website ;
only accepts and declares that the SELLER is personally liable in all respects within the scope of the current consumer law and other legislation. In this context , the quality of all products exhibited and sold in the Virtual Store , compliance with the legislation, issuance of warranty certificate, invoicing and delivery of other necessary documents and after-sales service etc. The SELLER will be personally and exclusively responsible for the services and delivery of the products on time.
4.6 The Member declares that he / she accepts that he / she will act in accordance with the provisions of this Membership Agreement, all the conditions specified on the Website, the applicable legislation and ethical rules in the transactions and correspondence performed on the Website. All kinds of legal and criminal liability regarding the transactions and actions taken by the Member within the Website belongs to him / her.
4.7 The SELLER will be able to share the information of the Member with the relevant authorities upon request of the competent authorities in accordance with the applicable legislation .During the membership of the
4.8 Web Site and / or during the exchange of a Member 's personal data received, Member and / or Sellers of forgery, fraud, Web Site abuse, that could constitute an offense within the meaning of the Turkish Penal Code and / or the Turkish Commercial Code in the sense of the law In the case of disputes arising out of the matters to be considered as opposition, it may be forwarded to other Members and / or Sellers who may be a party to the dispute, limited only to this scope, in order for the parties to exercise their legal rights .
4.9 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 under the responsibility of the Member . The member states that the transactions performed with his username and password have been carried out by him, that the responsibility arising from these transactions belongs to him in advance, that he cannot make any objection and / or that he does not perform the work and transactions performed in this way and / or this def. It accepts, declares and undertakes that it will not refrain from fulfilling its obligations based on the objection.
4.10 The Member shall not use the Website in a manner contrary to law and morality, especially in the following cases:
a. Using the Website for the purpose of creating, checking, updating or changing a database, record or directory on behalf of any person;
b. Using the whole or part of the Website for the purpose of breaking, modifying or reverse engineering;
c. Making transactions using false information or the information of another person, creating unreal Membership accounts by using false or misleading personal data, including false or misleading residence address, e-mail address, contact, payment or account information, and the membership of these accounts in the Membership Agreement or in force. using it contrary to the legislation, unauthorized use of another Member's account, being a party or participant in transactions by substituting someone else's name or under a wrong name;
D. Comment and scoring systems; Using the comments on the Website for purposes other than the Website, such as publishing them outside the Website, or using them for purposes other than to manipulate the systems;
to. Spreading of a virus or any other damaging technology to the Website, the database of the Website, any content on the Website;
f. Collecting any information about the Members or Sellers, including their e-mail addresses, without the consent of the relevant persons;
g. Engaging in activities that will create unreasonable or disproportionately large uploads on the communications and technical systems determined by the Website or that may damage the technical operation , automatic program, robot, web crawler , spider, data mining on the Website without the prior written consent of the SELLER ( Using "screenscraping" software or systems such as data mining ) and data crawling, and thus copying, publishing or using all or part of any content on the Website without permission.
4.11. The Member is obliged to carry out his transactions on the Website in a way that will not technically damage the Website. The Member shall not allow any information, content, material and other content to be provided to the Website to damage the system, any program, virus, software, unlicensed product, trojan horse, etc. It accepts and undertakes that it takes all necessary measures, including using the necessary protective software and licensed products, to prevent it from being included. The Member also agrees that he / she will not enter the Account Page using robot or automatic login methods.
4.12. It is illegal to use the Website or the content on the Website in violation of the terms of use specified in this Membership Agreement or the provisions of the applicable legislation; The SELLER reserves the right to demand, sue and follow up.
4.13 Member, the content provided by himself or other Users on the Website (comments, articles, photos, videos, announcements, etc.) belongs to the person who uploaded it first and therefore the SELLER has no responsibility or liability due to this content. accepts, declares and undertakes that it is not. In addition, the Member accepts, declares and undertakes that he is exclusively responsible for the content provided by him and to keep the SELLER immune from any dispute and compensation claims that may arise from them .
4.14. The Member agrees, declares and undertakes that in transactions requiring online payment methods and the use of credit cards on the Website, he / she will perform transactions with the consent of the card owner, and will be held exclusively responsible for all costs and losses, including attorneys' fees, arising from chargeback.
4.15 Provided that the SELLER's rights are reserved due to this contract , the SELLER always has the right to unilaterally terminate the Member's membership and delete files, documents and information. The Member consents in advance to the SELLER 's action in this direction, and therefore declares and accepts that he will not demand any compensation from the SELLER .
4.16 The SELLER will make maximum effort for the smooth operation of the Website and does not guarantee that the system will work without any errors. The Member agrees and declares that the SELLER will not be responsible for any damage that may arise from the use of the Website . The SELLER may change or delete all or part of the Website or suspend some services temporarily or permanently at its sole discretion.
5. CONFIDENTIALITY
5.1. The SELLER attaches importance to the processing, security and protection of the personal data provided by the Member through the Website in order to benefit from the services offered on the Website in accordance with all kinds of legislation, including the Personal Data Protection Law No. 6698. In this context, the SELLER can collect, use, transfer and process the personal data provided by the Member in accordance with the Privacy Policy on the Website . The Privacy Policy is an integral part of this Membership Agreement. By making use of the Services and / or creating an account, the Member expressly and freely consents to the collection, use, transfer and other processing of personal data as specified in the Privacy Policy .
5.2. Personal data declared by the Member to the Website and consent to be shared; To fulfill the obligations determined by this Membership Agreement, to carry out the applications required for the operation of the Website, to provide and offer various advantages for the Member and to carry out all kinds of electronic communication, profiling, statistical studies for Member- specific advertising, sales, marketing, surveys, similar purposes. are collected, stored, processed, used by the SELLER or business partners in accordance with the Privacy Policy , and shared with third parties based on our contractual relationships. The Member accepts and declares that he / she consents to the use and storage of his / her personal data by the SELLER. SELLER said personal data in the Personal Data Protection Law No. 6698, Art. 12, it will take all necessary measures to prevent unauthorized access and illegal data processing. Law No. 6698 on the Protection of Personal Data on member personal data . 11 has the right to use the rights it has and to make changes or updates in this data at any time. In addition, the Member allows the sharing of the information and data it has shared with all SELLER and its affiliates for the purpose of presenting special advantages and reporting all kinds of communication activities for sales, marketing and similar purposes.
6. INTELLECTUAL PROPERTY RIGHTS
www.arterhome.com brand and logo, www.arterhome.com Web Site's design, software, domain name and all kinds of trademarks, designs, logos, trade dress, slogans and logos created by the SELLER in relation to these. All other content is the property of the SELLER with all intellectual property rights . The Member cannot use, share, distribute, exhibit, reproduce and make works derived from the intellectual property rights subject to the property of the SELLER or its affiliated companies without the permission of the SELLER . The Member cannot use the www.arterhome.com mobile application or the Web Site in whole or in part in any other environment without the permission of the SELLER . In the event that the Member acts in a way that violates the intellectual property rights of third parties or the SELLER , the Member is obliged to compensate the SELLER and / or the third party in question, all direct and indirect damages and expenses.
7. AMENDMENTS TO THE AGREEMENT
The SELLER, at its sole discretion, at any time that the SELLER deems this Membership Agreement and any policy, terms and conditions including the Privacy Policy on the Website, provided that it is not contrary to the provisions of the current legislation. You can change it unilaterally by posting on the website. The changed provisions of this Membership Agreement will become effective on the date they are announced on the Website, and the remaining provisions will remain in effect and continue to have consequences. For the avoidance of doubt, this Membership Agreement cannot be changed unilaterally by the Member.
8. FORCE MAJEURE Employee
Employer disputes, including uprising, embargo, government intervention, riot, occupation, war, mobilization, strike, lockout, business actions or boycotts, cyber attack, communication problems, infrastructure and internet failures, system-related improvement or Renovation works and malfunctions that may occur due to this reason, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or any other natural disaster or other events outside the control of the SELLER , not caused by its fault and that cannot be reasonably foreseen ("Force Majeure) ") If the SELLER prevents or delays the performance of its obligations arising from this Membership Agreement, the SELLER cannot be held responsible for its obligations that are blocked or delayed as a result of Force Majeure and this situation cannot be considered as a violation of this Membership Agreement.
9. MISCELLANEOUS PROVISIONS
9.1. Evidence agreement: The member shall constitute binding, definitive and exclusive evidence of the official books and commercial records of the SELLER and the e-archive records kept in the database and servers of the SELLER , electronic information and computer records in disputes that may arise from this Membership Agreement and accepts that this article is an evidential contract within the meaning of article 193 of the Code of Civil Procedure numbered 6100.
9.2. Applicable Law and Dispute Resolution: Business this User Agreement will be exclusively subject to the laws of the Republic of Turkey.
9.3. Notification: The SELLER will communicate with the Member via the e-mail address notified by the Member while registering or by making a call and sending an SMS to the notified phone number, and the member consents to sending commercial electronic messages to his party by means of the means listed by approving this contract. The member is obliged to keep his e-mail address and phone number up to date. It is acknowledged by the Member that his / her personal information can be used by the SELLER or its business partners for the purposes of promotion, communication and advertising, and that he / she can be sent both e-mail and text message-SMS to him / her in this regard, unless otherwise stated on the Website. is.
9.4. Integrity and Severability of the Membership Agreement: This Membership Agreement constitutes the entire agreement between the Parties on the subject. In the event that any provision of this Membership Agreement is determined to be totally or partially invalid, unenforceable or unreasonable by any competent court, arbitral tribunal or administrative authority , this Membership Agreement shall be deemed severable to the extent of such invalidity, inapplicability or unreasonableness. and other provisions will remain in full force and effect.
9.5. Transfer of the Membership Agreement: The member will not be able to assign all or part of his / her rights or obligations in this Membership Agreement without the prior written consent of the SELLER .
9.6. Amendment and Waiver: Failure of one of the parties to exercise or execute any right granted to him in the Membership Agreement will not mean that he has waived or prevent the subsequent use or execution of the right. This Membership Agreement, consisting of 9 (nine) articles, entered into force by the Member by reading each provision and being fully understood and approved in electronic environment.
