Membership Agreement
SIDES
This membership agreement (hereinafter referred to as the ‘Agreement’), the product at the internet address www.robertonisantasi.com (hereinafter referred to as the ‘SITE’) operated by Roberto Nişantaşı (hereinafter referred to as the ‘COMPANY’) and owned by the COMPANY. made during the member registration phase between all natural and legal persons and institutions (hereinafter referred to as ‘BUYER’ and ‘USER’ or ‘USERS’) that have registered on the site to make purchases (‘BUYER’) and the COMPANY to sell products. USERS accept, declare and undertake in advance that they accept and approve all the provisions of the contract, provided that they are members of the SITE.
DEFINITIONS
Unless otherwise stated, the following terms and/or abbreviations used in this Agreement have the meanings and scopes defined for them herein.a) “Site” on websites and blogs consisting of the domain name https://www.robertonisantasi.com/ and sub-names connected to these domain names,
b) ‘Contract’ This contract form and its annexes
c) “Buyer” is anyone who becomes a member of the Sites by accepting this agreement and can request to purchase the products listed on the site.
d) “User(s)” means Site Users, members and BUYER together.
e) “Products/Goods/Services” are the goods and services supplied from contracted companies with various brand products listed for sale on the Site.
SUBJECT OF CONTRACT
The subject of this Membership Agreement made between the COMPANY and the USERS is the establishment of coordination and connection between the COMPANY and the BUYERS through the Site, the use of the SITE, the online sale of products/goods/services. It covers the rights and obligations of the parties as required by the Law on the Protection of Personal Data, the Regulation on Distance Contracts, the Law on the Protection of Personal Data and the relevant legal legislation.
SCOPE OF SERVICES
The services to be provided by the COMPANY over the SITE generally consist of distance sales transactions included in the scope of electronic commerce. The services to be provided by the COMPANY on the SITE, but not limited to; The products offered for sale at www.robertonisantasi.com belonging to the COMPANY; After the price is paid by the USER, if the stock status of the supplier is available, “that is, the contract has loaded the seller; in case the debt of “delivery of the goods” is executable; It is the delivery of the goods to the customer by the cargo company on behalf of the COMPANY without any defects within the promised time. The COMPANY is completely free to determine the scope and nature of the services to be provided through the SITE, and is deemed to have put into effect the changes it will make regarding the services by publishing it on the SITE. In order to benefit from the services to be provided within the SITE, the users must have the features to be determined by the COMPANY and to be specified in the content of the relevant section of the SITE. The COMPANY is completely free to determine these features and is deemed to have put into effect the changes it will make regarding the features by publishing it on the SITE.
MEMBERSHIP CONDITIONS
In order to become a member of the Site, it is necessary to be of age, to declare the identity and credit card information requested by the COMPANY completely and accurately, to approve the AGREEMENT by being a member of the SITE, and not to be temporarily suspended from membership or banned indefinitely by the COMPANY. Membership registration of the USER means that he/she accepts the articles in the clarification text, privacy policy and membership agreement. This agreement was concluded at the time of the USER’s membership and entered into force mutually. This agreement will remain in effect until the USER cancels its membership or the membership is canceled by the COMPANY.
DUTIES AND RESPONSIBILITIES OF THE PARTIES
6.1. The USERS irrevocably declare that they will act in accordance with all the conditions in this agreement, the rules specified in the relevant parts of the Site, the legislation in force, and also the general moral rules, while fulfilling the membership stages and using the services of the SITE.
6.2. It is the responsibility of the USERS to follow up the changes to be made in the contract articles. Continuing to use the Site after the changes to be made in the articles of this agreement or in any case, the fact that no objection has been made by the USER within one week after the change means that the changes are accepted.
6.3. USERS must comply with the payment options and payment system offered by the COMPANY in the transactions related to the purchase and sale of the products offered for sale on the SITE.
6.4. The memberships of USERS who do not fully or partially comply with the payment system offered by the COMPANY may be terminated unilaterally by the COMPANY without notice.
6.5. The USERS irrevocably agree and undertake that they will not make any demands from the COMPANY due to the temporary or permanent inactivity of the SITE, its updating or the delay of the update, or the malfunctions that may arise in its operation and archiving.
6.6. USERS, while purchasing or transferring products, in short, while performing all kinds of transactions within the scope of this contract, must comply with the distance sales contract of the COMPANY, all applicable laws, regulations and regulations, in addition to this contract, otherwise any legal and penal penalties that may arise. Irrevocably accepts and undertakes that they will be personally responsible for the sanction and also to cover all kinds of damages that may occur, not to hold the COMPANY responsible for any reason and not to demand compensation.
6.7. The USER may not use the SITE in any way that disrupts public order, violates public morals, disturbs and harass others, for an unlawful purpose, infringing on the intellectual and copyright rights of others. In addition, the USER cannot engage in activities (spam, viruses, etc.) or actions that prevent or make it difficult for others to use the services. In case of violation of this provision, the COMPANY will be able to recourse to the USER for any request that may be sent to the COMPANY by third parties or institutions, and the legal and penal liability that may arise in this case belongs exclusively to the USER.
6.8. Measures have been taken to ensure that the SITE is free of viruses and similar software. In addition, the USER must provide its own protection system and provide the necessary protection in order to ensure ultimate security. In this context, by entering the SITE, the USER is deemed to have accepted that he is responsible for all errors that may occur in his own software and operating systems and their direct or indirect consequences.
6.9. The ideas and thoughts declared, written and used by the members on the SITE are completely the personal views of the members and only bind the owner of the opinion. These views and thoughts have no interest or connection with the COMPANY. The COMPANY can remove the illegal content entered by the USER. I am not responsible for the damages that the COMPANY may incur due to the ideas and opinions expressed by the USER and the damages that the USER may suffer due to the ideas and opinions expressed by the third parties.
6.10. In the event that the USERS display malicious or unlawful behavior in connection with the services provided on the SITE, the membership of the USERS may be canceled temporarily or completely without notice, at the discretion of the COMPANY. In case the membership is terminated by the COMPANY, the USERS irrevocably accept and undertake that they will not be able to benefit from the SITE services and that they will not make any demands from the COMPANY in this regard.
6.11. The COMPANY shall not be liable for the reading of the USER data by persons other than the USER and for the damages that may occur to the MEMBER software and data. The USER has agreed in advance not to demand any compensation from the COMPANY for any damage it may incur due to the use of the COMPANY’s online channels. The USER has agreed not to access or use the software and data of other COMPANY users without permission. Otherwise, the legal and penal responsibilities arising from this are entirely the USER’s responsibility.
6.12. The software and design of the SITE are the property of the COMPANY, and the copyright and/or other intellectual property rights regarding them are protected by the relevant laws and they cannot be used, acquired or changed by the USERS without permission. Other companies and products mentioned on this website are trademarks of their owners and are also protected under intellectual property rights. The USER agrees and undertakes to indemnify all damages that the COMPANY may suffer in case of violation of this provision.
6.13. USERS are obliged to present their identity and address information correctly whenever requested by the COMPANY. USERS are fully responsible for false notifications, and they accept, declare and undertake that in case of sending to the wrong address by the COMPANY due to the false notification of the USER, they will not be able to make any demands from the COMPANY, and they will be fully responsible for this situation and bear the shipping costs themselves.
6.14. The USERS accept, declare and undertake that they will not share the information that is within the scope of the personal or confidentiality policy of other USERS or obtained through this website in any way, without the consent of the owner of the information, and that they will not share the information with third parties except for a judicial investigation.
6.15. The USERS and the COMPANY are legally independent parties. There is no partnership, agency, power of attorney or employee-employer relationship between them.
6.16. Since the COMPANY does not have a direct or indirect connection with the transactions on the site, USERS; Not to hold the COMPANY, its officials, representatives and employees responsible for any disputes that may arise as a result of the transactions on the SITE, and for known or unknown, suspicious or undisclosed, claims, demands, damages and/or damages that may arise from these disputes, By becoming a member of the SITE and approving this Agreement, they irrevocably accept and declare not to demand compensation under the name or justification and to exempt them from all kinds of requests by third parties and institutions.
6.17. After the TL amount of the product/goods ordered by the BUYER, including VAT (the total amount of installments in installment transactions) is approved by the BUYER, the post of the bank card, the information of which is submitted by the BUYER, is processed. mail is sent. The shipment process will not start before the order confirmation mail is sent. Detailed information about the processing of the order is explained in detail in the Distance Sales Contract to be approved by the BUYER/USER during the sales process.
6.18. The COMPANY is not responsible for any direct or indirect damages that may arise due to access to the SITE, the use of the SITE or the information and other data on the SITE, programs etc., due to breach of contract, tort or other reasons. The COMPANY, as a result of breach of contract, tort, negligence or other reasons; does not accept any responsibility for interruption of the transaction, error or neglect. It is accepted that accessing this SITE or other linked websites or using the SITE is exempted from all kinds of damages and claims, including court and other costs, that may arise as a result of the use/visit of the COMPANY. .
6.19. The COMPANY may assign this agreement in whole or in part at any time without notice. However, the USER cannot transfer this agreement or any part of it to another party. Such a transfer attempt is invalid.
6.20. ROBERTO may unilaterally terminate this agreement at any time.
DİĞER HÜKÜMLER
7.1. 3. The COMPANY is not responsible in case of a dispute or legal responsibility regarding the products/designs exhibited on the site and whose copyrights belong to a person or company. The pictures of the products/goods exhibited or purchased on the SITE or the persons promoting them by the COMPANY cannot be copied or printed as posters, photographed and used as printed or visual materials, or modified.
7.2. The COMPANY regularly sends campaigns and announcements to its members who approve this Agreement and allows them to shop online.
7.3. Membership of the www.robertonisantasi.com website is personal and cannot be transferred and/or sold to third parties. The USER has a ‘password’ to be determined by himself and can change his password at any time. Although the COMPANY has taken all precautions regarding user security, the USERS accept, declare and undertake that they will be responsible for the seizure of their passwords by third parties and similar security problems. ROBERTO never asks its customers for password information. www.robertonisantasi.com is not responsible for any problems arising from the use of passwords.
7.4. The e-mail address that the USER gives his information to the COMPANY during registration is specific to the member and has the opportunity to create a single membership; You cannot have two different subscriptions with the same e-mail address. The ‘Password’ is known only to the user. In order for the user to connect to the services that require membership, he must enter the e-mail address and password he entered during registration.
7.5. The USER accepts the SITE to contact him in order to present the campaign applications to the personal and shopping information he has given to the SITE.
7.6. The SITE may prevent the USER from logging into the system or obtaining a new password, without giving any reason, even if he has entered the user name and password correctly.
7.7. The SITE provides information, documents, software, designs, graphics, etc., produced by itself and / or purchased from outside. owns the copyrights arising from his works.
Information, documents, software, designs, graphics, etc., produced by the USERS and uploaded to the system voluntarily for publication. Works cannot be used without permission.
7.8. The SITE may enable the USER to switch to other websites. In this case, the COMPANY is not responsible for the content of the sites to which the member will switch.
7.9. The COMPANY may make changes in the implementation of this contract, as well as amend existing articles or add new articles, in order to comply with future technical requirements and legislation. The SITE and/or the COMPANY may, over time, transform the non-membership services into a subscription-requiring status, open additional services, change some of its services partially or completely, or turn them into paid ones.
7.10. The USER accepts and undertakes that in disputes that may arise from this contract, the COMPANY’s book records, microfilm, microfiche and computer records will constitute valid, binding, final and exclusive evidence within the meaning of HMK 193 et al. It accepts, declares and undertakes that it waives all kinds of objections to the company records and their right to offer oath that they are duly kept.
Force Majeure
In all cases deemed force majeure by law, the COMPANY is not liable for late performance or non-performance of this user agreement. These and similar situations will not be deemed as delay or non-performance or default for the COMPANY, or the COMPANY will not be liable for any compensation for these situations.
APPLICABLE LAW AND AUTHORITY
Disputes arising from this user agreement are subject to Turkish Law and T.C. Istanbul Central Courts are authorized. The COMPANY reserves the right to file a lawsuit in the country where the member is located.
EFFECT AND ACCEPTANCE
This user agreement becomes effective on the date it is announced by the COMPANY on the SITE. USERS accept the provisions of this contract by using the SITE. The COMPANY can change the provisions of this contract at any time, it will be published on the SITE by specifying the version number and the date of change, and it will come into force on the same date.