- THE PARTIES OF THE AGREEMENT
THIS AGREEMENT IS CONCLUDED BY AND BETWEEN
1.1 SELEN AKYÜZ RESIDING AT THE ADDRESS “: HALASKARGAZİ MAH. ŞAFAK SOKAK NO.9/4 İSTANBUL, TURKEY” WHICH OPERATES OVER THE INTERNET WEBSITE WWW.SELENAKYUZ.COM (SHALL BE REFERRED TO AS SELEN AKYUZ HEREINAFTER) AND
1.2 INTERNET USER RESIDING AT THE ADDRESS GIVEN BY THEMSELVES OVER THE MEMBERSHIP ADDRESS, WHO IS A MEMBER OF WWW.SELENAKYUZ.COM INTERNET WEBSITE (SHALL BE REFERRED TO AS MEMBER HEREINAFTER.).
- THE SUBJECT OF AGREEMENT
2.1 THIS AGREEMENT REGULATES THE CONDITIONS FOR THE MEMBER IN ORDER TO BENEFIT FROM WWW.SELENAKYUZ.COM AND FROM THE SERVICES PRESENTED BY SELEN AKYUZ, AND THE PRODUCTS ON SALE, IN CONSIDERATION OF THE TERMS AND PRICES DETERMINED.
- THE PROVISION OF THE AGREEMENT
3.1 ANY ISSUE WHICH IS NOT EXPLICITLY UNDERTAKEN IN THIS AGREEMENT, CANNOT BE INTERPRETED AGAINST SELEN AKYUZ AS IF IT EXISTS. UNLESS IT’S CONTRARY IS INDICATED BY SELEN AKYUZ IN WRITING, SELEN AKYUZ SHALL HAVE THE RIGHT TO DEMAND THE PRICES ANNOUNCED IN THE WEBSITE FOR THE PRODUCTS AND SERVICES INCLUDED IN THE WEBSITE.
3.2 THIS MEMBERSHIP AGREEMENT DOES NOT BRING ANY MATERIAL COMMITMENT OR LIABILITY TO THE MEMBER. THE MEMBER SHALL BE REQUIRED TO PAY ONLY THE PRICE OF THE PRODUCT TO BE ORDERED OVER WWW.SELENAKYUZ.COM WEB ADDRESS AND THE SERVICE CHARGE AND OTHER CHARGES RELATED TO THESE. ADDITIONAL FEE SHALL NOT BE DEMANDED FOR THE MEMBERSHIP.
3.3 THE MEMBER DECLARES AND UNDERTAKES THAT THE PERSONAL AND OTHER INFORMATION SUPPLIED DURING MEMBERSHIP PROCEDURES OF WWW.SELENAKYUZ.COM INTERNET WEBSITE ARE CORRECT BEFORE LAWS, THAT THEY SHALL COMPENSATE ALL THE LOSSES TO BE ENCOUNTERED BY SELEN AKYUZ DUE TO THE INCORRECTNESS OF SUCH INFORMATION.
3.4 THE MEMBER CANNOT GIVE TO THE OTHER PEOPLE OR INSTITUTIONS, THE PASSWORD WHICH WAS GIVEN TO THEM DURING THEIR MEMBERSHIP TO WWW.SELENAKYUZ.COM INTERNET WEBSITE, AND THE MEMBER’S RIGHT TO USE SUCH PASSWORD ONLY BELONGS TO THEMSELVES.SELEN AKYUZ’S COMPENSATION AND OTHER CLAIM RIGHTS ARISING OF THE MENTIONED UNAUTHORIZED USE ARE RESERVED AGAINST ALL THE LIABILITY TO ARISE AS A RESULT OF THIS AND ALL THE CLAIMS AND DEMANDS OF THE THIRD PARTIES OR OFFICIAL AUTHORITIES AGAINST SELEN AKYUZ.
3.5 WHILE THE MEMBER BENEFITS FROM THE SERVICES THAT ARE SPECIAL TO THE MEMBERS OF THE WWW.SELENAKYUZ.COM INTERNET WEBSITE, THEY AGREE AND UNDERTAKE IN ADVANCE NON-BREACH AND COMPLIANCE WITH THE LEGAL PROVISIONS OF THE LEGISLATION. OTHERWISE, ALL LEGAL AND PENAL OBLIGATIONS THAT SHALL ARISE WILL COMPLETELY AND EXCLUSIVELY BIND THE MEMBER.
3.6 SELEN AKYUZ SHALL NOT BE RESPONSIBLE FOR THE READING OF THE MEMBER DATA BY UNAUTHORIZED PEOPLE AND FOR THE LOSS WHICH CAN OCCUR TO THE MEMBER SOFTWARE AND DATA.
3.7 ALL MATERIALS AND DOCUMENTS ON THE INTERNET WEBSITE OF SELEN AKYUZ ARE EXCLUSIVELY THE PROPERTY OF SELEN AKYUZ AND THE COPYRIGHTS AND/OR OTHER INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS WITH RESPECT TO SUCH MATERIALS AND DOCUMENTS ARE PROTECTED BY THE RELEVANT LAWS, AND SUCH MATERIALS AND DOCUMENTS CANNOT BE USED, ACQUIRED AND CHANGED BY THE MEMBER WITHOUT THE REQUIRED AUTHORIZATION. OTHER COMPANIES AND PRODUCTS MENTIONED IN THIS WEBSITE ARE THE TRADEMARKS OF THEIR OWNERS AND ARE PROTECTED SEPARATELY WITHIN THE SCOPE OF THE INTELLECTUAL PROPERTY RIGHTS.
3.8 ALL MEASURES WITHIN THE SCOPE OF AVAILABLE FACILITIES ARE TAKEN IN ORDER TO KEEP SELEN AKYUZ INTERNET WEBSITE FREE OF VIRUSES AND SOFTWARE OF SIMILAR PURPOSE. IN ADDITION, IT IS REQUIRED FOR THE USER TO PROVIDE THEIR OWN VIRUS PROTECTION SYSTEM AND PROVIDE THE REQUIRED PROTECTION FOR THE FINAL SECURITY. WITHIN THIS CONTEXT, THE MEMBER ARE DEEMED TO ACCEPT THAT THEY SHALL BE RESPONSIBLE FOR ALL ERRORS OCCURRING IN THEIR OWN SOFTWARE AND OPERATION SYSTEMS AND THEIR DIRECT AND INDIRECT CONSEQUENCES AS A RESULT OF ENTERING SELEN AKYUZ’S WEBSITE.
3.9 ALL CREDIT CARD TRANSACTIONS AND APPROVALS USED BY THE CUSTOMER ON THE WEBSITE ARE CARRIED OUT INDEPENDENT OF SELEN AKYUZ, BETWEEN THE RELEVANT BANK OR SIMILAR CARD INSTITUTIONS AND THE ONLINE MEMBER. (INFORMATION SUCH AS CREDIT CARD PASSWORD ARE NOT SEEN OR RECORDED BY SELEN AKYUZ).
3.10 PRODUCTS MEMBERS PURCHASE OVER SELEN AKYUZ INTERNET WEBSITE CAN ONLY BE RETURNED TO SELEN AKYUZ. CARGO CHARGES FOR THE RETURN PRODUCTS SHALL BELONG TO SELEN AKYUZ.
3.11 WHEN A MEMBER DESIRES TO RETURN THE PRODUCT PURCHASED, THEY ARE REQUIRED TO PRESENT ITS INVOICE.
3.12 USED PRODUCTS CANNOT BE RETURNED IN ANYWAY WHATSOEVER.
3.13 THE PAYMENT FOR THE PRODUCTS SOLD OVER SELEN AKYUZ INTERNET WEBSITE CAN ONLY BE MADE BY A CREDIT CARD OR PAYPAL.
3.14 THE PARTIES AGREE AND UNDERTAKE THAT THE COMPUTER RECORDS OF SELEN AKYUZ WILL BE CONSIDERED AS THE SOLE AND TRUE EXCLUSIVE EVIDENCE IN COMPLIANCE WITH 193RD ARTICLE OF CODE OF CIVIL PROCEDURE AND THAT THE MENTIONED RECORDS CONSTITUTE AN EVIDENTIAL CONTRACT.
- THE TERM AND TERMINATION OF THE AGREEMENT
4.1 THIS AGREEMENT ENTERS INTO EFFECT AS THE MEMBER DECLARES THEIR ACCEPTANCE. ALTHOUGH SELEN AKYUZ SHALL BE DEEMED TO ACCEPT THE AGREEMENT UPON ITS PRESENTATION TO THE MEMBER, AND THE AGREEMENT WHICH IS NOT APPROVED BY THE MEMBER CANNOT BE USED AGAINST SELEN AKYUZ.
THIS AGREEMENT SHALL REMAIN IN FORCE UNTIL THE MEMBER CANCELS THEIR MEMBERSHIP OR THEIR MEMBERSHIP IS CANCELLED BY SELEN AKYUZ. SELEN AKYUZ CAN TERMINATE THE AGREEMENT UNILATERALLY BY CANCELLATION OF THE MEMBERSHIP OF THE MEMBER IN CASE THE MEMBER BREACHES ANY PROVISION OF THE MEMBERSHIP AGREEMENT.
- SETTLEMENT OF DISPUTES
5.1 İSTANBUL COURTS AND ENFORCEMENT OFFICES WILL BE AUTHORIZED WITH RESPECT TO DISPUTES THAT SHALL ARISE DUE TO THIS AGREEMENT.
- VALIDITY
6.1 THE MEMBER’S MEMBERSHIP REGISTRATION MEANS THAT THE MEMBER HAD READ ALL THE ARTICLES INCLUDED IN THE MEMBERSHIP AGREEMENT AND THAT THEY ACCEPT ALL THE ARTICLES INCLUDED IN THE MEMBERSHIP AGREEMENT. THIS AGREEMENT IS CONSIDERED IN EFFECT MUTUALLY AS SOON AS THE MEMBER BECOMES A MEMBER. IT IS SUFFICIENT THAT THE MEMBER GIVES APPROVAL OVER THE ELECTRONIC MEDIUM, AND THE SIGNATURE OF THE MEMBER SHALL NOT BE REQUIRED ADDITIONALLY.