ARTICLE 1 - PARTIES AND DEFINITIONS

 

This Membership Agreement (“Agreement”); With RAGİBE ŞAHİN, the owner of the internet “ragibesa.com”, and RAGIBESA E-Commerce Brand located at Mayıs Kuşu Sokak No 36 Beykoz Istanbul (the “COMPANY”); It is concluded between website users who become members by accepting the following conditions or users who become members from applications installed on mobile devices ("Member"), to specify the conditions for benefiting from the Services offered by the Member's brand.

 

Seller: Refers to the person who offers or sells goods or services subject to electronic commerce through the platform.

Buyer: Refers to the real or legal person who purchases or acts for the purpose of purchasing goods or services subject to electronic commerce on the Platform.

Service Provider: Refers to real or personal persons engaged in electronic commerce activities.

Intermediary Service Provider: Refers to real or personal persons who enable the economic and commercial activities of others to be carried out electronically.

Privacy and Personal Data Protection Policy: The personal data of the members transmitted through the Platform, the company's personal data, including sections such as which parts and how they are played by the company, and the brevity that determines the general privacy policy regarding the use of cookies and can be accessed through the wwww.modanisa.com platform. expresses.

Services: It refers to the practices put in place by the company to enable members to carry out their work and transactions defined in this Membership Agreement.

ARTICLE 2 - SUBJECT OF THE CONTRACT

 

This Agreement determines the conditions for the member to benefit from the website "ragibesa.com" owned by RAGIBESA E-Commerce Brand Ragibe Şahin.

 

ARTICLE 3 – RIGHTS AND OBLIGATIONS OF THE PARTIES   The Member declares and undertakes that the personal and other information he/she provides while becoming a member of the "ragibesa.com" website is correct before the law, and that the COMPANY will fully and immediately compensate for any damages it may incur due to the untruth of this information.   MEMBER cannot give the password given to him by the COMPANY to any other person or organization, the member has the right to use the password in question. For this reason, the COMPANY reserves the right to claim all kinds of compensation and other claims arising from such unauthorized use, against all liability that may arise and all claims and demands that may be made against the COMPANY by third parties or competent authorities.

The member accepts and undertakes to comply with the legal regulations and not to violate them while using the "ragibesa.com" website. Otherwise, all legal and criminal liabilities that may arise will bind the member completely and exclusively.

 

The member cannot use the "ragibesa.com" website in any way that disrupts public order, is contrary to general morality, disturbs or harasses others, for an unlawful purpose, or infringes on the intellectual and copyright rights of others. In addition, the member cannot engage in activities or actions that prevent or complicate others' use of the services.

 

The ideas and thoughts declared, written and used by the members on the “ragibesa.com” website are entirely the personal opinions of the members and are binding on the owner of the opinion. These views and thoughts have no relevance or connection with the COMPANY. The COMPANY has no liability for any damages that third parties may suffer due to the ideas and opinions declared by the member, or for any damages that the member may suffer due to the ideas and opinions declared by third parties.

 

The COMPANY will not be responsible for member data being read by unauthorized persons and any damage that may occur to member software and data. MEMBER has agreed in advance not to claim compensation from the COMPANY for any damage he may incur due to the use of the "ragibesa.com" website.   MEMBER has agreed not to access or use the software and data of other internet users without permission. Otherwise, the legal and criminal responsibilities arising from this belong entirely to the member.   The member who violates one or more of the articles listed in this membership agreement will be personally and criminally and legally responsible for this violation and will keep the COMPANY free from the legal and criminal consequences of these violations. Moreover; Due to this violation, if the incident is referred to the legal field, the COMPANY reserves the right to claim compensation against the member for non-compliance with the membership agreement.

The COMPANY always has the right to unilaterally delete the membership of the member and delete the customer's files, documents and information when necessary. The member accepts this savings in advance. In this case, the COMPANY has no responsibility.   The visual design of the “ragibesa.com” website is the property of the COMPANY, and the copyright and/or other intellectual property rights therein are protected by relevant laws, and they cannot be used, acquired or changed by the member without permission. Other companies and their products mentioned on this website are trademarks of their owners and are also protected under intellectual property rights.   The name and Internet Protocol (IP) address of the Internet service provider used by the COMPANY for the improvement and development of the "ragibesa.com" website and/or to access the site within the framework of legal legislation, the date and time the site was accessed, the pages accessed while on the site and the direct access to the site. Some information, such as the Internet address of the website that allows you to connect, may be collected.

 

When the COMPANY requests the member's personal information as a legal obligation or (a) to comply with legal requirements or comply with legal procedures notified to the COMPANY; (b) It may disclose in good faith that it is necessary to protect and defend the rights and property of the COMPANY and the "ragibesa.com" website family.   Measures have been taken by the intermediary institution within the available possibilities to ensure that the “ragibesa.com” website is free of viruses and similar software. In addition, to ensure ultimate security, the user must supply his own virus protection system and provide the necessary protection. In this context, by entering the "ragibesa.com" website, the member is 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.   The 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 "ragibesa.com" website.

The COMPANY may change, update or cancel the terms of the membership agreement at any time, without the need for prior notice and/or warning. Any amended, updated or repealed provision will be valid for all members on the date of publication.

 

The parties accept and declare that all computer records belonging to "ragibesa.com" will be taken as the sole and real exclusive evidence in accordance with Article 193 of the Code of Civil Procedure, and that the said records constitute an evidence contract.

 

In accordance with this membership agreement, the COMPANY has the authority to send informational e-mails to the e-mail addresses and mobile phones of its members registered with it, and the member accepts the sending of informational e-mails to his e-mail address and informational SMS to his mobile phone upon approval of this membership agreement. will be counted.

 

ARTICLE 4- USE FEE

 

Although no fee is charged for Site membership, if the Member wishes to benefit from the services on the Site, a separate distance sales contract will be signed between the Parties within the scope of these paid services.

 

The COMPANY reserves the right to determine and change the fees for the services provided within the scope of the "ragibesa.com" website.

 

ARTICLE 5 – INTELLECTUAL PROPERTY RIGHTS

 

All registered or unregistered intellectual property rights such as title, business name, trademark, patent, logo, design, information and method on the Site belong to the COMPANY and are under the protection of national and international law. Visiting the site or using the services on the site does not give any rights to the intellectual property rights in question.

 

The information on the site cannot be reproduced, published, copied, presented and/or transferred in any way. The whole or part of the site cannot be used on another website without permission.

ARTICLE 6 – FORCE MAJEURE

 

In all cases considered as force majeure, the COMPANY cannot be held liable for late or incomplete performance or non-performance of any of its acts specified in the Contract. These and similar situations will not be considered as delay, incomplete performance, non-performance or default for the COMPANY, nor will the COMPANY be entitled to compensation under any name for these situations. Force majeure; occurring beyond the reasonable control of the relevant party, including but not limited to natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, system-related improvement or renewal works and malfunctions that may occur due to this, power outages and bad weather conditions. will be interpreted as events.

ARTICLE 7 - CHANGES TO BE MADE IN THE CONTRACT

 

The COMPANY may change the services offered on the Site and the terms of the Agreement partially or completely at any time. Changes will be valid from the date of publication on the Site. It is the Member's responsibility to follow the changes. The member is deemed to have accepted these changes by continuing to benefit from the services offered.

ARTICLE 8 - TRANSFER OF THE CONTRACT

 

The COMPANY may provide the services it offers through the Site itself or receive support from contracted institutions/organizations. The member declares, accepts and undertakes that he/she has approved this matter in advance. Members accept, declare and undertake that they will not transfer and/or assign their rights, receivables and obligations arising from the Agreement to third parties, and will not allow them to be used by third parties outside the Agreement, due to the personal nature of the services offered by the COMPANY on the site.

ARTICLE 9 – CONFIDENTIALITY

 

All data belonging to the Member disclosed to the COMPANY by the Member in writing and/or verbally and/or learned within the scope of the work carried out by the Parties will be protected under this confidentiality clause.

 

If the confidential information in question is already known without requiring the COMPANY's liability and/or the confidential information becomes public without the COMPANY violating the confidentiality rule, none of the provisions in this Agreement will be applicable.

 

In addition, if confidential information is requested based on the applicable laws and/or the authority of the Personal Data Protection Board and/or the securities exchange or a similar regulatory official institution or a court decision, the COMPANY will first inform the Member and then provide this information. Necessary warnings will be given to those who request it regarding the confidentiality of this information and they will be asked to take the necessary precautions.

 

The Member may participate in promotions, advertisements, campaigns, promotions, announcements, etc. in accordance with the Law on the Regulation of Electronic Commerce No. 6563 and related legislation. He declares, accepts and undertakes that he approves the COMPANY to communicate with him electronically, limited to its use within the scope of marketing activities.

ARTICLE 10 – PROTECTION OF PERSONAL DATA

 

In accordance with the Law on the Protection of Personal Data No. 6698, the Member is entitled to receive Personal Data/Personal Data, the details of which are stated clearly enough to not raise any suspicion, within the scope of the Information Text on the Protection and Processing of Personal Data ("Information") reported/transferred/transmitted to the COMPANY. You have read, examined, evaluated and understood the Information Text on the Protection and Processing of Personal Data attached to this Agreement regarding the processing and/or transfer of Personal Data by RAGIBESA E COMMERCE BRAND RAGİBE ŞAHİN within the purposes specified in the Information and that Personal Data/Personal Data within the scope of KVKK As stated above, there is no social, financial, psychological, etc. to the processing and/or transfer. that there is clear approval and consent without duress; He declares, accepts and undertakes that he is aware of my rights granted to him within the scope of KVKK and that he consents to the processing of his Personal Data by the COMPANY and sharing it with the persons mentioned above, within the framework of the above information that he has read and understood the content of.

ARTICLE 11 – DURATION

 

The Agreement begins when the person becomes a member and remains in force until the Member deletes his/her membership, without prejudice to the Service Provider's termination of the Member's membership for justified reasons.

ARTICLE 12 – NOTIFICATION

 

Members will be contacted via the e-mail address and/or phone number they provided when registering or through general information on the site. Communication via e-mail replaces written communication. It is the Member's responsibility to keep their e-mail address up to date and to check the site regularly for information. The Member accepts, declares and undertakes that the notifications sent to the specified e-mail address will be valid whether or not they are received.

 

ARTICLE 13 - APPLICABLE LAW AND COMPETENT COURT   In resolving disputes arising from the application and interpretation of the Convention, Turkish Law is valid and the courts and enforcement offices of the Istanbul Courthouse are valid.   ARTICLE 14 - PARTIAL INVALIDITY   If any of the articles of this Agreement is deemed invalid or canceled, this does not affect the validity of the other articles of the agreement.

 

ARTICLE 15 – ENFORCEMENT

 

The Member acknowledges, declares and undertakes that he/she has read, understood and accepted this Agreement, which consists of 15 (fifteen) articles, and confirms the accuracy of the information provided. The Agreement has entered into force mutually and indefinitely with the approval of the Member.



Annex – 1: Preliminary Information Form

Annex – 2: Information Text on the Protection and Processing of Personal Dat