MEMBERSHIP AGREEMENT AND TERMS OF USE
1. THE PARTIES
a) POLART SANAT ORGANİZASYONLARI SANAYİ VE TİCARET A.Ş. ("our Company"), adressed at ŞARKİYE MAHALLESİ TÜRKMEN HOCA SOKAK NO: 15 ODUNPAZARI / ESKİŞEHİR, carrying out the activities of the www.ommshop.art website (“www.ommshop.art”)
b) Internet user who is a member of www.ommshop.art ("Member")
2. THE SUBJECT OF THE AGREEMENT
The subject of this Agreement (“Agreement”) is to determine the terms of use and the scope of service for the Member from the website of our Company, www.ommshop.art.
3. THE SCOPE OF SERVICES
3.1. The services that our company will provide over www.ommshop.art generally consist of electronic commerce defined in the Consumer Law legislation.
3.2. The services to be provided by our company through www.ommshop.art are, but not limited to: If the price of the products offered for sale at www.ommshop.art belonging to our Company is paid by the Member and the stock situation is available, meaning if the debt of "delivery of the goods loaded by the contract to the seller" is feasible; to deliver the goods to the Member by the cargo company on behalf of our Company within the promised period without any defects.
3.3. Our company is completely free to determine the scope and nature of the services it will provide via www.ommshop.art and/or in-store cash registers, kiosks, phones and tablets, and is deemed to have put into effect the changes it will make regarding the services by publishing it on www.ommshop.art.
3.4. In order to benefit from the services to be provided at www.ommshop.art, users must have the features to be determined by our Company and to be specified in the content of the relevant section of www.ommshop.art. Our company is completely free to determine these features, and it is deemed to have put into effect the changes it will make regarding the features by publishing it on www.ommshop.art.
4. THE RIGHTS AND LIABILITIES OF THE PARTIES
4.1. The member declares and undertakes that the personal and other information he/she provides while becoming a member of www.ommshop.art is correct and up-to-date before the law, and that he/she will exactly and immediately compensate all the damages that our Company may suffer due to the fact that this information is not true. In case of a change in his/her personal information, the member will update the information he/she has given to our Company. In case the Agreement is concluded on behalf of a legal entity, the person concluding the Agreement accepts, declares and undertakes that he/she is authorized to carry out such a transaction on behalf of the said legal entity, otherwise (in case of unauthorized transaction) he/she is personally responsible for all the resultant transactions he/she has made or will do thereafter.
4.2. The Member cannot give the user name and password given to him/her by our Company and belonging to him/her to other persons or organizations, the right of the Member to use the said password belongs to him/her personally. Our Company reserves the right to claim all kinds of compensation and other claims arising from such malicious and unauthorized use, against all liability that may arise for this reason and against all claims and demands that may be brought against our Company by third parties or authorized authorities. Likewise, the Member cannot use someone else's IP address, e-mail address, user name and other information on the internet, and cannot access or use other Members' private information without permission. In case of such use, all legal and penal liability will belong to the Member.
4.3. The Member agrees and undertakes in advance to comply with the provisions of the legal regulations and not to violate them while using www.ommshop.art. Otherwise, all legal and penal obligations that may arise will bind the Member completely and exclusively. Members cannot use www.ommshop.art in any way to disrupt public order, violate general morality, disturb or harass others, for an unlawful purpose, infringing on the intellectual and copyright rights of others, and may only act for legal and personal purposes. The legal and penal responsibilities of the Member in every transaction and action he/she makes belong to him/her. In addition, the Member cannot engage in activities (spam, viruses, trojan horses, etc.) and transactions that prevent or make it difficult for others to use the services. The member undertakes not to engage in any activity that would infringe on the rights of our Company and/or any other third party. Our Company has no direct and/or indirect responsibility for the damages incurred or to be incurred by third parties due to the activities of the members on www.ommshop.art.
4.4. The ideas and thoughts expressed, written and used by the members on www.ommshop.art are completely the personal opinions of the members and bind the owner of the opinion. These views and thoughts have no interest or connection with our Company. Our Company has no responsibility for the damages that the Member may incur due to the ideas and opinions expressed by the Member, and the damages that the Member may suffer due to the ideas and opinions expressed by the third parties.
4.5. Our company will not be liable for unauthorized reading of Member data and for any damages that may occur to Member software and data. The Member has agreed in advance not to claim compensation from our Company for any damage he may incur due to the use of www.ommshop.art.
4.6. The member agrees not to access or use other internet users' software and data without permission. Otherwise, the legal and penal responsibilities arising from this will belong entirely to the Member.
4.7. The Member who violates one or more of the articles listed in this Agreement will be personally and criminally liable for this violation and will keep our Company free from the legal and penal consequences of such violations. Also; In the event that the incident is referred to the legal field due to this violation, our Company reserves the right to claim compensation against the Member for non-compliance with the Agreement.
4.8. Our Company always has the right to unilaterally delete the member's membership, to delete the files, documents and information of the member, whenever necessary and without giving any reason. Canceling the membership and deleting the account can be done by the Member by sending an e-mail to their e-mail address and calling the phone number. The member accepts this possession in advance. In this case, our Company has no responsibility.
4.9. The information, texts, pictures, brands, slogans and other signs on www.ommshop.art, as well as the programs for the protection of information on other industrial and intellectual property rights, the page layout and the presentation of www.ommshop.art are the property of our Company or the organizations authorized and licensed by our Company and their copyright and/or other intellectual property rights are protected by relevant laws, cannot be used, acquired or changed by the Member without permission. Other companies and products mentioned on this website are trademarks of their owners and are also protected by intellectual property rights.
4.10. Şirketimiz tarafından www.ommshop.art ‘ın iyileştirilmesi, geliştirilmesine yönelik olarak ve/veya yasal mevzuat çerçevesinde siteye erişmek için kullanılan İnternet servis sağlayıcısının adı ve Internet Protokol (IP) adresi, Siteye erişilen tarih ve saat, sitede bulunulan sırada erişilen sayfalar ve siteye doğrudan bağlanılmasını sağlayan internet sitesinin Internet adresi gibi birtakım bilgiler toplanabilir. Toplanan bilgileriniz ile ilgili detaylı bilgiye ulaşmak için www.ommshop.art ‘ta yer almakta olan aydınlatma metnini inceleyebilirsiniz. Some information such as the name and Internet Protocol (IP) address of the Internet service provider used by our company to access the site for the improvement and development of www.ommshop.art and/or within the framework of legal regulations, the date and time the site was accessed the pages accessed while on the site and the Internet address of the website that allows direct connection to the site may be collected. For detailed information about your collected information, you can review the clarification text on www.ommshop.art.
4.11. In order to provide better service to www.ommshop.art users, to improve its products and services, to facilitate the use of the site, our company may use "cookies" information, which can be defined as small data files saved on the computers of the Members during their visit, in studies aimed at the special preferences and interests of the users. These files are industry standard files available on all shopping sites, used to make shopping more efficient and secure for Members. Our company reserves the right to keep a record of the Member's actions on www.ommshop.art. For detailed information about the cookies used on the site, the text of the cookie policy on the website can be examined. In addition, if the Member does not want to use these files, it is recommended to make the necessary changes in the computer browser at any time.
4.12. Our Company, when the Member's personal information is requested as a legal obligation or (a) to act in accordance with legal requirements or to comply with legal proceedings notified to our Company; (b) In cases where it believes in good faith that it is necessary to protect and defend the rights and property of our Company. For detailed information, you can review the clarification text on www.ommshop.art.
4.13. Measures have been taken to ensure that www.ommshop.art is free of viruses and similar software. In addition, in order to ensure ultimate security, the user must supply his own virus protection system and provide the necessary protection. In this context, the Member shall be deemed to have accepted that he/she is responsible for all errors that may occur in his/her software and operating systems and their direct or indirect consequences by entering the website.
4.14. Our company reserves the right to change the content of the site at any time, to change or terminate any service provided to users, or to delete user information and data registered on the website.
4.15. Our company offers all kinds of services, products, campaigns, etc. available on www.ommshop.art and reserves the right to change the information and conditions of use of www.ommshop.art and the information presented on www.ommshop.art without any prior warning, rearrange www.ommshop.art and its content, stop and/or pause the broadcast. Changes come into effect upon their publication on www.ommshop.art. By using www.ommshop.art or logging into www.ommshop.art, these changes are deemed to be accepted. These conditions also apply to other linked websites. Our company does not accept any responsibility for the interruption of the transaction, error, negligence, interruption, deletion, loss, delay of the transaction or communication, computer virus, communication error, theft, destruction or unauthorized entry, modification or use of the records occured as a result of breach of the Contract, tortious act, negligence or other reasons;
4.16. Our company can change, update or cancel the terms of the Agreement at any time without the need for prior notice and/or warning in any type or form. Every provision that is changed, updated or repealed will be notified to the Members by informing them on the site and will be effective for all Members on the date of publication.
4.17. The parties agree and declare that all computer and commercial records of our Company will be taken as the sole and real exclusive evidence, in accordance with Article 193 of the Turkish Code of Civil Procedure, and that the said records constitute a contract of evidence.
4.18. In accordance with this Agreement, our company is authorized to send notification e-mails to the e-mail addresses of its Members and information SMS to their mobile phones, and the Member will be deemed to have accepted the sending of the notification e-mails to the e-mail address and the notification SMS to the mobile phone upon approval of this Agreement. If the Member wishes to opt out of receiving e-mails and/or SMS, he/she will be able to cancel via the relevant section of www.ommshop.art and/or another means offered by our Company to the Member.
In this respect, our Company will act in accordance with the conditions specified in this Agreement and the Protection and Processing of Personal Data of the Person Receiving Product or Service (Member) during the use of www.ommshop.art. However, our Company is obliged to keep Member information for as long as required by the relevant legislation or for the purpose for which they are processed. Our company will not use the Member's personal data for commercial purposes for any reason other than its activity. This provision does not prevent the transfer of the contract to third parties.
Our company has the right to use all information related to membership in connection with its own marketing activities by anonymizing this information, even during or after the end of the Agreement, provided that this Agreement and the applicable legal regulations, including the Law on the Protection of Personal Data, are adhered to.
4.19. Through www.ommshop.art, links to other websites and/or other content that are not under the control of our Company and owned and operated by other third parties may be provided. These links are given to provide ease of orientation to members and do not support any website or the person who operates that site. It does not constitute any kind of declaration or guarantee regarding the information contained in the linked website. Our Company has no responsibility for the websites accessed through the links on www.ommshop.art and their contents, and the damages that may arise from the use of these sites are the responsibility of the Members. Our company can bind access to such linked websites with its own written consent, or it can always cut off access to links that our Company does not deem appropriate.
4.20. Our company constantly checks the accuracy and timeliness of the information available on www.ommshop.art. However, despite the efforts, the information on www.ommshop.art may lag behind the actual changes. The materials and information contained in www.ommshop.art are presented at the time they are given to www.ommshop.art, there may be a difference between the accuracy and up-to-dateness of the relevant service or information and its status in www.ommshop.art. No express or implied warranties or commitments are made regarding the up-to-dateness, accuracy, conditions, quality, performance, marketability, fitness for a particular purpose of the information on www.ommshop.art and other information available on www.ommshop.art, including but not limited to, the effect and completeness of other information, services or products connected or independent of them. Our company may assign this Agreement in whole or in part at any time without notice. However, the Member may not transfer this Agreement or any part of it to another party. Such a transfer attempt is invalid.
6. FORCE MAJEURE
Our Company is not liable for late performance or non-performance of this Agreement in all situations that are legally considered force majeure. These and similar situations will not be deemed as delay or non-performance or default for our Company, or our Company will not be liable for any compensation for these situations.
7. AVOIDANCE OF THE AGREEMENT
This Agreement will remain in effect until the Member cancels his/her membership or his/her membership is canceled by our Company. Our Company may terminate the Agreement unilaterally by canceling the Member's membership in case the Member violates any provision of the Agreement.
8. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
This Agreement is subject to Turkish law; Istanbul Çağlayan Courts and Enforcement Offices are authorized in disputes related to the Agreement.
9. EFFECTIVENESS
Membership registration by the Member means that the Member has read and accepted all the articles in this Agreement. This Agreement was concluded at the time of the Member's membership and entered into force mutually.