Membership Agreement

PARTIES

This Membership Agreement (" Agreement "); has been drawn up between Nebioğlu Furniture Durable Consumer Goods Construction Industry and Trade Limited Company (" Company ") located at the address of Billur Furniture Day. Tük. Mal. San. ve Tic. Ltd. Şti. and the user (" Member ", " Members ") to determine the terms and conditions regarding the Member's membership to the website (" Site ") where the Company offers this Agreement to the Member and to benefit from the other services mentioned in the Agreement offered by the Company.

The Company operates as an “electronic commerce service provider” in accordance with the Law No. 6563 on the Regulation of Electronic Commerce, in its marketplace through the Site and in the marketplace where it sells products for which all copyrights belong to the Company.

The Member becomes a member of the Site by approving this Agreement and/or coming upon guidance, using the Site and/or performing transactions on the Site, under the conditions set forth in the Agreement.

The Company and the Member will be referred to individually as a “ Party ” and collectively as the “ Parties ” in this Agreement.

 

DEFINITIONS

Buyer	It refers to the real or legal person Member who purchases goods and/or services offered for sale through advertisements placed by third party sellers on the Site.
Electronic Commerce Service Provider	It refers to the service provider who makes a contract or receives an order for the supply of goods or services in its own electronic commerce environment as defined within the scope of the Law on the Regulation of Electronic Commerce No. 6563.
Electronic Commerce Environment	It refers to platforms such as websites, mobile sites or mobile applications where electronic commerce activities are carried out as defined within the scope of Law No. 6563 on the Regulation of Electronic Commerce.
KVKK	Personal Data Protection Law No. 6698
Personal Data	It refers to any information relating to a natural person whose identity is determined or identifiable as defined in the Personal Data Protection Law No. 6698.
Information Text on the Protection of Personal Data	It refers to the text that can be accessed through the Site and that contains explanations about the purposes for which and how the personal data transmitted by the Members through the Site will be used by the Company.
My Account Page / Menu Page	It refers to the Member-specific page where the Member can perform the necessary transactions to benefit from the Site and Site Services, add the necessary information, and provide the necessary information to the Member, and which can only be accessed with the username and password determined by the relevant Member.
Electronic Commercial Message	It refers to data, audio and visual messages sent for commercial purposes and sent electronically using means such as telephone, call centres, fax, automatic dialling machines, intelligent voice recorder systems, electronic mail and short message services, as defined within the scope of the Regulation on Commercial Communications and Commercial Electronic Messages.

 

 

RIGHTS AND OBLIGATIONS OF THE PARTIES

3.1. In order to gain membership status, the user who wants to become a Member must approve this Agreement, fill in the information requested from him/her on the Site accurately, completely and up-to-date, and have his/her membership application evaluated and approved by the Site. The user who wants to become a Member must be over 18 (eighteen) years of age, meet other conditions to be determined by the Company and have the necessary conditions in accordance with the relevant legislation. The Member's membership status begins with the completion of the approval process, notification of the situation to the Member and/or the acquisition of the Member status, and thus the Member gains the rights defined for the Member in this Agreement and on the Site. The obligations defined for the Member in this Agreement and on the Site will be binding and valid for the Member upon becoming a Member and/or gaining the Member status. The Member who does not provide the information requested from him/her on the Site accurately, completely and up-to-date is personally responsible for all damages that may arise for this reason; in the event that a contrary situation is detected, the Company shall have the right and authority to partially or completely restrict, block, suspend or terminate the Member's membership. The Member shall immediately update his/her information in case of any change in his/her information. The Member may update these update processes through the Site or other means provided by the Company.

3.2. The membership account is specific to the Member who creates this account; the Member will not allow a third party to use his/her membership account and will not use the membership accounts of other Members.

3.3. The Member accepts, declares and undertakes that he/she will act in accordance with the provisions of this Agreement, the Site rules announced/notified by the Site in any way, the current legislation and the rules of ethics in all kinds of work and transactions he/she carries out on the Site, and that he/she is personally responsible for the legal and criminal liability related to these works and transactions.

3.4. The Member is responsible for ensuring that all information registered on the Site, including the Member's username and password information, is complete and accurate, is updated on time, any deficiencies are completed, and is always kept complete and accurate. It is the Member's sole responsibility to determine the password of the membership account securely and change it at regular intervals, ensure the security of the membership account and information associated with the membership account, not share this information with third parties, protect its confidentiality, and take all necessary precautions in this context. The Member accepts, declares, and undertakes that the Company has no liability, including damages that may arise from the acquisition of this information by third parties. In the event of any suspicion regarding the use of the password and/or the security of the membership account and password, the Company has the right and authority to partially or completely restrict, block, suspend, or terminate the Member's membership, without prejudice to all claims, lawsuits, and follow-up rights.

3.5. The Member accepts, declares and undertakes that the work and transactions performed using his/her username and password will be deemed to have been performed by him/her, that he/she is responsible for the work and transactions, that he/she cannot raise any defense and/or objection that he/she did not perform the work and transactions and/or that he/she cannot avoid fulfilling his/her obligations based on such defense or objection, and that the Company has no responsibility in this regard.

3.6. The Member accepts, declares and undertakes that he/she will use the Site and the content, materials and elements on the Site in accordance with this Agreement, the Site rules announced/notified by the Company in any way, the relevant legislation and ethical rules, that he/she will be personally responsible for any legal and criminal liability that may arise from any non-conforming use, and that if the Company detects any non-conforming use at its sole discretion, it will have the right and authority to partially or completely restrict, block, suspend or terminate the Member's membership, without prejudice to all rights of claim, lawsuit and pursuit.

3.7. The following examples of irregular uses are listed below:

• Causing any damage to the Company, the Site and/or third parties while performing transactions on the Site,
• Using the Site to create, control, update and/or change a database, record or directory on behalf of any person;
• Using the Site in whole or in part for the purpose of disrupting, altering and/or reverse engineering;
• Carrying out transactions using false information or someone else's information, creating fake Membership accounts using false or misleading personal data and using these accounts in a manner that is contrary to this Agreement, the Site rules announced/notified to the Company in any way, applicable legislation and/or ethical rules, using another Member's account without permission;
• Using any other technology, malware or virus that may harm the Site, the Site's database or any content on the Site;
• Entering the Account Page via robot or automatic login methods;
• Engaging in activities that will create unreasonable or disproportionately large loads on communications and technical systems determined by the Site or that will harm technical functioning, using automatic programs, robots, web crawlers, spiders, data mining and data crawling, such as "screen scraping" software or systems on the Site; and/or any unauthorized copying, publication or use of all or part of any content on the Site through any similar process;
• Failure to take necessary precautions, including the use of necessary protective software and licensed products, against any programs, viruses, software, unlicensed products, trojan horses and other threats that may harm the Site;
• Using the Site in a way that negatively impacts Members' Site experience or attacks the personal or property rights of other Members.

3.8. The personal data, information, photographs, videos, ideas, expressions, comments, scores, correspondence and all other content uploaded and provided by the Member during registration to the Site and while using the Site (“ Member Content ”)

• To comply with this Agreement, the Site rules announced/notified by the Company in any way, the relevant legislation and ethical rules,
• It will not be contrary to law, morality and the rights of third parties (including but not limited to intellectual and industrial property rights, the right to privacy and personality rights),
• Not to use Member Content for purposes other than the Site or in a way that would manipulate the Company's systems, including publishing it outside the Site,
• It will only create situations that are permitted by this Agreement, the Site rules announced/notified by the Company in any way and the provisions of the relevant legislation, for example, it will only comment on products for which it has the right to comment and score in accordance with the relevant legislation,
• It will be in compliance with the KVKK and relevant legislation and will not contain personal data belonging to third parties,
• The Member acknowledges and agrees that the content will not constitute a crime, result in the violation of international agreements or encourage the violation, be of an advertising and/or marketing nature, pornographic, contain nudity or be contrary to generally accepted rules, intellectual and industrial rights, create unfair competition and/or be of a similar nature and that the Company has a zero tolerance policy for such content. The Member accepts that the Company has no control obligation regarding the Member Content, that it is solely responsible for the Member Content and that it is obliged to compensate for any damages that the Company and/or third parties may incur due to the Member Content. Although this does not mean that the Company has any control obligation regarding the Member Content, the Company reserves the right to control the Member Content ex officio or upon a complaint/notification it receives and to investigate violations regarding the Member Content; The Company may not publish, change, delete, or block access to/view of Member Content that it deems to be contrary to this Agreement, at its sole discretion. In this case, the Company also has the right and authority to partially or completely restrict, block, suspend or terminate the Member's membership, without prejudice to any and all claims, lawsuits and follow-up rights.

 

3.9. By uploading Member Content to the Site, the Member acknowledges and agrees that he/she is the exclusive owner of the intellectual and industrial property rights and other rights related to the Member Content, and that he/she may exercise the financial rights within the scope of intellectual rights arising from the Law on Intellectual and Artistic Works No. 5486 [i.e.; right of detection, right of processing (FSEK Article 21), right of reproduction (FSEK Article 22), right of distribution (FSEK Article 23), right of representation (FSEK Article 24), right of communication to the public through means of transmitting signs, sounds and/or images (FSEK Article 25)] and moral rights [i.e.; The Company hereby acknowledges that it has granted a full license to the Company, with respect to all intellectual and industrial property rights and other rights, including the right to present to the public (FSEK article 14), the right to indicate the name (FSEK article 15), the right to prevent modification (FSEK article 16), the right to prevent alteration/deterioration (FSEK article 17), without any usage limitation, unlimited in terms of duration, number and subject, applicable worldwide (internationally) - unlimited in terms of location -, sub-licensable, irrevocable, free of charge, unconditional and unconditional, within the widest extent permitted by the relevant legislation, primarily the Law on Intellectual and Artistic Works numbered 5486.

 

3.10 The Company has taken reasonable measures within the available means to ensure that the Site and the content, materials and elements available for access, use, download and sharing on the Site are free from malicious software. However, the Company does not provide any guarantee or commitment regarding the Site and the content, materials and elements available for access, use, download and sharing on the Site being free from viruses, bugs, trojan horses, corrupted files, worm programs, dialer programs, spam, spyware and all other malicious and damaging software (such as spyware and adware), programs, products, codes and/or materials. The Member is obliged to take all necessary measures, including using the necessary protective software, hardware and licensed products, to prevent the occurrence of these and their transmission to their devices, device hardware and software and/or other equipment and technologies in any way. The Company is not responsible in any way for any damages that may be incurred by the Member and/or third parties, including, but not limited to, malfunctions, damages, incorrect information, data breaches and losses that may occur within this scope.

3.11. The Company has taken reasonable measures within the available means to ensure the accuracy, security, up-to-dateness, availability, continuity, completeness, suitability for purpose and functionality of the Site and the content, materials and elements on the Site, and provides them “as is”, “as available”; it does not give any guarantee or commitment regarding these.

3.12. The links on the Site may take the Member to other websites/applications. The Company does not provide any guarantee or commitment regarding the content, accuracy, reliability, security and/or functionality of these websites/applications and is not responsible in any way for any damages that may arise from access, use, downloads, sharing and/or changes to these websites/applications.

3.13. The Company may, at its sole discretion, reject membership applications, terminate memberships or bind the acceptance or continuation of membership applications or the use of the Site to additional terms and conditions at any time and without giving any reason. Changes, additional terms and conditions, provisions, guidelines and policies to be introduced by the Site after the Member's membership process and to be announced/notified/published in any way shall be binding on the Member from the moment of publication without the need for a separate notification or approval after their publication on the Site, and the Member shall be deemed to have accepted them by continuing to use the Site/benefit from the services offered through the Site; however, if the relevant legislation provisions explicitly require their approval by the Member, the Company has the right and authority to partially or completely restrict, block, suspend or terminate the Member's membership, unless they are approved by the Member.

3.14. The Member may terminate his/her membership unilaterally at any time without giving any reason. The Member may complete the process of closing his/her membership account through the Site. He/she may initiate the procedures for closing his/her account by following the relevant steps on the “My Account” page on the Site. Following the Member’s initiation of the procedures for closing his/her account and the receipt of this request by the Company, the account closure request shall be finalized in accordance with the rule sets determined by the Company for the purposes of ensuring account security and preventing abuse. The Member acknowledges that he/she will not be able to reuse his/her membership account and/or will not be able to withdraw the rights and advantages defined for the account and will not be able to transfer them to various accounts after the closure of his/her membership account.

3.15. The Company may, at its sole discretion, partially or completely, permanently or temporarily, remove, change, charge, update, suspend, stop and/or open additional services on the Site and/or the services offered through the Site. The Site has no liability to the Member and/or third parties regarding the matters listed in this article and other similar matters.

PROTECTION OF PERSONAL DATA

4.1. The Company attaches importance to the processing, security and protection of personal data within the scope of this membership agreement in accordance with all legislation, including KVKK. The Company processes and shares the personal data of the Member, which it obtains during the establishment and execution of this agreement, primarily for the purposes of providing the services specified in this agreement, creating the order and making the delivery, carrying out activities aimed at increasing the satisfaction of the Member, ensuring the security of their accounts, forgery, fraud, misuse of the Site, and resolving disputes arising in matters that may constitute a crime within the meaning of the Turkish Penal Code.

4.2. The Company is obliged to provide the Member with suitable products within the number and variety of products offered on the Site, and to enable the Member to find products that suit their preferences and to access the said products easily and quickly within the scope of this agreement. The Member accepts that the processing of their personal data within the scope of this obligation is necessary for the proper performance of the agreement.

4.3. The Member acknowledges that he/she understands that he/she can obtain detailed information about the processing and sharing of personal data through the Information Text on the Protection of Personal Data (“ Information Text ”), which is an integral part of this Agreement and is located under the Site. The Member acknowledges that the Company reserves the right to update the Information Text at any time within the framework of changes that may be made in the current legislation or company practices.

4.4. In order to obtain detailed information about his/her personal data being processed and to direct his/her rights and demands within the scope of KVKK, the Member may send an application to the Data Controller, including the mandatory elements specified in Article 5 of the Communiqué on the Procedures and Principles of Application, to our address Siteler Mahallesi 159 Cad. Sanayi Sitesi Sit. B22 Apt. No: 2 E Akdeniz/Mersin, via notary or registered mail.

4.5. Upon termination of the membership agreement/closure of the membership account, personal data whose processing and storage purpose is no longer valid are deleted in accordance with the legislation; Member's personal data that must be stored in accordance with the legislation will continue to be processed by the Company until the processing purpose is no longer valid.

4.6. The Company will take all necessary measures to ensure that the personal data in question is stored securely in accordance with Article 12 of the KVKK and to prevent unauthorized access and unlawful data processing.

COMMERCIAL ELECTRONIC MESSAGES

5.1. If the Member approves commercial electronic messages, the Company may send commercial electronic messages to the Member for the purpose of promoting and marketing its goods and services, via the electronic mail address registered on the Site or by calling or sending an SMS to the telephone number. The Member is obliged to keep the electronic mail address and telephone number registered on the Site accurate and up-to-date.

5.2. The Member has the right to refuse or withdraw consent to the sending of commercial electronic messages. In this context, the Member may withdraw consent through the methods listed in accordance with the relevant legislation, and the Company also allows the Member to change their preferences regarding the sending of commercial electronic messages through the Site in order to facilitate the exercise of this right.

INTELLECTUAL PROPERTY RIGHTS

The Site and all elements and content related to the Site (including but not limited to any trade name, work, copyright, invention, patent, brand, design, graphic, logo, other identifying names and signs, domain name, software, program flow, algorithm, source and object code, program and user interface, data, database, record, code, process, idea, text, animation, clip, music, video, photo, picture, shape, drawing, image, trade dress, slogan, screen, know-how, project, concept, program, application) (“ Company Content ”) and all rights related to them (including but not limited to intellectual and industrial property and property rights) belong to the Company. All content, including but not limited to personal information, photos, videos, ideas, expressions, comments and correspondence shared by the Member through the Site (“ Other Member Content ”) belongs to the Member who shares them through the Site, provided that the full license held by the Company regarding them is reserved. The creation of a membership account, granting the Member the authority to access the Site, use the Site and/or benefit from the services offered through the Site and/or any provision within the scope of this Agreement does not mean that the Member is granted any rights regarding the Site, Company Content and/or Other Member Content. In this context, it is absolutely forbidden for the Member to use, quote, copy, reproduce, modify, reverse engineer, convert to source code (decompile), backup, transmit, store, process, sell, share, disseminate, distribute, rent, lend, adapt, transfer or subject to any other work, transaction or disposition and/or encourage and/or facilitate the use of the Site, Company Content and/or Other Member Content, partially or completely, directly or indirectly, for purposes other than the purpose of use of the Site. The Member accepts that he/she is liable to compensate the Company and/or third parties for any damages that may occur in the event of a violation of the prohibition included in this article. In this case, the Company also has the right and authority to partially or completely restrict, block, suspend or terminate the Member's membership, without prejudice to all kinds of claims, lawsuits and follow-up rights.

CONTRACT CHANGES AND WAIVER

 

7.1. The Company may, at its sole discretion, unilaterally change this Agreement and any policy and rule, term and condition on the Site at any time and in any way it deems appropriate by announcing/notifying. Unless otherwise stated by the Company, changes and additions shall become valid without the need for further approval on the date they are announced/notified and/or published on the Site, and the remaining provisions shall remain in force and continue to have their provisions and consequences; the Member shall be deemed to have accepted these changes and additions by continuing to use the Site/benefit from the Services. The Company recommends that Members visit the Membership Agreement page before each transaction they will make on the Site. If the relevant legislation provisions require the Member to explicitly approve the changes and if the Member does not approve the changes, the Company may partially or completely restrict, block, suspend or terminate the Member's membership.

7.2. Waivers not signed by the Company are not valid. The Company's failure to exercise any of its rights under the Agreement, in whole or in part, its failure to require the Member to comply with any term or condition of the Agreement and/or the Member's waiver of any breach shall not limit the requirement for subsequent performance of such term or condition or be construed as a waiver of any subsequent breach.

FORCE MAJEURE

If riot, embargo, government intervention, rebellion, occupation, war, mobilization, strike, lockout, labor actions or boycotts including employee-employer disputes, cyber attack, communication problems, infrastructure and internet failures, system improvement or renewal works and failures that may occur due to these reasons, power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster, bad weather conditions, changes in legislation, decisions taken by authorized authorities, or other events that occur outside the control of the Company, are not caused by its fault and cannot be reasonably foreseen (" Force Majeure ") prevent or delay the Company from fulfilling its obligations arising from this Agreement, the Company cannot be held responsible for its obligations that are prevented or delayed as a result of the Force Majeure and this situation cannot be considered as a breach of this Agreement.

MISCELLANEOUS PROVISIONS

9.1. The Member accepts, declares and undertakes that in disputes that may arise from this Agreement, all records and documents held by the Company, including the Company's official books and commercial records, e-archive records kept in its own database and servers, electronic information and computer records, shall constitute binding, definitive and exclusive evidence and that this article is an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.

9.2. The Law of the Republic of Turkey shall apply in the interpretation and implementation of this Agreement. Mersin Courts and Enforcement Offices are authorized to resolve any disputes that may arise from this Agreement.

9.3. This Agreement constitutes the entire agreement between the Parties regarding the subject matter of this Agreement; the invalidity, illegality or unenforceability of any provision of this Agreement or any expression contained therein will not affect the force and validity of the remaining provisions of this Agreement.

9.4. The Member cannot transfer or assign this Agreement and/or its rights, benefits and/or obligations arising from this Agreement to third parties in any way without the prior written consent of the Company. Any assignment or transfer made without the prior written consent of the Company will be invalid. However, the Company may transfer and assign this Agreement and/or its rights, benefits, receivables and/or obligations arising from this Agreement to its parent companies, affiliated companies, subsidiaries, business partners and/or third parties without the prior written consent of the Member.

9.5. All rights and powers of the Company pursuant to the terms and conditions of this Agreement and the relevant legislation may be used together; in other words, the use of any right or power of the Company pursuant to the terms and conditions of this Agreement and the relevant legislation does not prevent it from using any other right and/or power in any way.

9.6. The Parties accept, declare and undertake that in the event of any conflict between the versions of this Agreement in different languages ​​and this version, the provisions of this Agreement will apply to the relationship between them.

9.7. This Agreement, consisting of 9 (nine) articles, has been approved electronically by the Member after each provision has been read and fully understood. This Agreement has entered into force indefinitely as of the moment of approval.