Please read this Membership Agreement carefully before becoming a member of our website.
Customers who become members of our website and make purchases are deemed to have accepted the following terms:
The web pages at https://yeshjewellery.com/ ("Website") and all connected pages belong to and are operated by Yeşim Dizayn Uygulama Yayıncılık İç ve Dış Tic. Ltd. Şti. (hereinafter referred to as "Yeşim Dizayn").
Yeşim Dizayn is a well-established and recognized organization in its field, providing procurement services for products in its activity area. While the company provides product procurement services to users, it has established a website under this Agreement for individuals to access services offered in the digital environment. These digital services are offered through the website address mentioned above.
This agreement relates to the use of the website under the conditions specified in the Agreement and the determination of the rights and obligations of the Parties.
Users ("User/Member") are subject to the following conditions while using all the services offered on the site, and by benefiting from and continuing to use these services on the website, they declare and undertake that they have the right, authority, and legal capacity to sign a contract according to the applicable laws, are over 18 years old, have read, understood, and agree to be bound by the terms written in this agreement.
This agreement is indefinite, and the Parties accept, declare, and undertake that they will fully, accurately, and timely fulfill the rights and obligations within the scope of the Agreement as soon as they accept/approve the Agreement online or in writing under the conditions required by this agreement.
1. PARTIES:
On one side of this agreement is YEŞİM DİZAYN UYGULAMA YAYINCILIK İÇ VE DIŞ TİC. LTD. ŞTİ., located at İnönü Cad. No: 37/13 34734 Sahrayıcedit Kadıköy/Istanbul, and on the other side is the individual who has become or will become a member (hereinafter referred to as "Member") of the website owned by Yeşim Dizayn at https://yeshjewellery.com/ (hereinafter referred to as the "Website"). This agreement has been created to determine the rights and obligations of the Parties and the conditions for using the services and content provided on the Website.
Yeşim Dizayn and the Member will be individually referred to as a "Party" and collectively referred to as the "Parties" within the scope of this Membership Agreement.
2. DEFINITIONS:
The definitions of the following terms mentioned in this agreement are as follows:
Company: Refers to YEŞİM DİZAYN UYGULAMA YAYINCILIK İÇ VE DIŞ TİC. LTD. ŞTİ.
Website: Refers to the site composed of the domain name https://yeshjewellery.com/ and the subdomains connected to this domain name.
User: Any real or legal person who accesses the "Website" online and performs transactions without becoming a Member.
Member: Any real and/or legal person who benefits from the services offered within the Website under the conditions specified in this agreement.
Membership: The process completed when a "User" who wishes to become a "Member" fills out the membership form required to become a member in the relevant section of the "Portal," provides identity information, confirms the accuracy of the identity information, and the registration is approved by Yeşim Dizayn. Until the membership process is completed, one does not have the rights and authority defined as "Member" in this agreement.
Membership Agreement: This agreement executed electronically between the Company and individuals who will purchase products and/or services sold through https://yeshjewellery.com/.
3. SUBJECT AND SCOPE OF THE AGREEMENT:
The subject of this Membership Agreement is to determine the conditions for benefiting from the services offered for sale on the Website as a Member and to specify the rights and obligations of the parties.
The scope of the Membership Agreement includes this agreement and all declarations, notices, writings, and explanations made by the Company within the Website regarding usage, membership, and services. By accepting the terms of the Membership Agreement, the Member also agrees to all statements made and to be made by the Company regarding usage, membership, and services within the Website. The Member agrees, declares, and undertakes to act in accordance with all matters specified in these statements.
Yeşim Dizayn is entirely free to determine the scope and nature of the products and/or services it will offer through the Website, and any changes it makes regarding the products and/or services are deemed to be effective upon publication on the Website.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES:
1. User's Usage Rights:
Upon acceptance of the Agreement, the User's usage rights will be integrated through the username and password created by the User at the internet site address operated by the Company. With this usage right, the User will be able to benefit from the services offered to members through the website.
2. Membership Details:
Upon acceptance of the Agreement, the User will be granted a membership via a username or email address and a password that they will create. The membership provided by the Company on the website is personal to the User, and the rights to use these services offered by the Agreement belong solely to the User. The User is responsible for the use of the username/email address and password by other individuals, and the Company cannot be held liable for this in any way.
3. Changes to Prices and Services:
The Company reserves the right to make changes to prices and the offered products and services at any time.
4. Service Availability:
The Company agrees and undertakes that the member will benefit from the services under the Agreement, except for technical malfunctions.
5. Prohibition of Reverse Engineering:
The User agrees not to perform reverse engineering on the site or to engage in any other activities aimed at discovering or obtaining the source code, otherwise, they will be responsible for all damages that may occur to third parties and legal and criminal actions will be taken against them.
6. Accuracy of Information:
The User agrees that they are solely responsible for any damages incurred due to incomplete or incorrect information provided during membership registration, and in case of providing incorrect information or violating this Agreement, the Company may unilaterally terminate their membership without any notice or warning.
7. Data Collection for Improvement:
The Company may collect certain information such as the name of the Internet service provider used to access the website, the Internet Protocol (IP) address, the date and time of access to the website, the pages accessed during the visit, and the internet address of the website that directly connected to the site, for the purpose of improving and developing the website and/or within the framework of legal regulations. The User agrees to the collection of this information. For detailed information, please review our "Membership Disclosure Statement."
8. Content Standards:
The User agrees not to produce or share content that is contrary to general morals and manners, illegal, infringing the rights of third parties, misleading, offensive, obscene, pornographic, damaging to personal rights, violating copyright, or promoting illegal activities in any part of the site or communications within the site. Otherwise, the User is solely responsible for any resulting damages, and the site authorities may suspend or terminate such accounts and reserve the right to initiate legal proceedings. If judicial authorities request information about activities or user accounts, the Company reserves the right to share this information with the authorities.
9. Relationships Between Members:
The relationships of Website members with each other or with third parties are their own responsibility.
5. INTELLECTUAL PROPERTY RIGHTS:
5.1. Ownership of Intellectual Property Rights:
All intellectual property rights, whether registered or unregistered, such as titles, business names, brands, patents, logos, designs, information, and methods found on this Site, belong to the site operator and owner Company or the specified relevant party and are protected under national and international law. Visiting this website or benefiting from the services on this site does not grant any rights regarding these intellectual property rights.
5.2. Restrictions on Use of Information:
The information on the Website cannot be reproduced, published, copied, presented, and/or transmitted in any way by Users and/or Members for purposes other than personal use. No part or whole of the Site can be used on other websites without permission. In case of such a violation, the User will be responsible for compensating the Company for any damages demanded by third parties and for other obligations including but not limited to court costs and attorney fees.
6. CONFIDENTIAL INFORMATION:
6.1. Protection of Personal Information: The Company will not disclose the personal information transmitted by users through the website to third parties. This personal information includes all other information intended to identify the User, such as the individual's name-surname, address, phone number, mobile phone, and email address, and will be referred to as 'Confidential Information.'
6.2. Use and Sharing of Information for Marketing: The User agrees and declares that, for the purpose of limited use within the scope of marketing activities such as promotions, advertisements, campaigns, promotions, and announcements, the Company owning the Site may share their communication, portfolio status, and demographic information with its affiliates or group companies to which it is affiliated and that they consent to receive electronic communications within this context aimed at themselves or their affiliates. This personal information may be used within the Company to determine customer profiles, offer promotions and campaigns suitable for customer profiles, and conduct statistical studies.
6.3. Right to Withdraw Consent:
The User has the right to revoke the consent given under this agreement without providing any reason. The Company will immediately process the revocation and cease sending electronic communications to the User within three (3) business days.
6.4. Disclosure to Authorities:
Confidential Information may be disclosed to official authorities only if such information is requested by official authorities in accordance with proper procedures and it is mandatory to provide such information to the official authorities as per the applicable mandatory legal provisions.
7. PROTECTION OF PERSONAL DATA:
7.1. Compliance with Data Protection Laws: Yeşim Dizayn will ensure that the personal data provided by the Member through the Website to benefit from the Services offered on the Website are processed, secured, and protected in accordance with all relevant legislation, including the Personal Data Protection Law No. 6698.
7.2. Consent for Data Collection and Use:
By using the application, Members consent to the collection, storage, and use of their personal data by Yeşim Dizayn. Members can contact Yeşim Dizayn to cancel their membership, at which point all personal data will be deleted.
7.3. Use of Personal Data for Service Improvement:
Yeşim Dizayn may use members' personal information for purposes such as providing better service to its members, developing its application and services, and facilitating the use of the application, focusing on the special preferences and interests of users.
7.4. Disclosure to Authorities:
Members agree, declare, and undertake that Yeşim Dizayn may be compelled to disclose its confidential/private/commercial information to judicial authorities upon lawful request in accordance with the provisions of the applicable mandatory legislation or in cases where it is alleged that the rights of other members or third parties are being violated, and that they will not demand any compensation from the company for this reason under any circumstances.
8. DISCLAIMER OF WARRANTIES:
8.1. Scope of Applicability: This clause will be valid to the maximum extent permitted by applicable law. The services provided by the Company are offered on an "as is" and "as available" basis, and no explicit or implicit guarantees, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, are made regarding the services or application (including all information contained therein).
8.2. Service Interruptions and Connectivity Issues:
The Company is not responsible for malfunctions and issues related to the general power grid, network infrastructure, and internet access, nor for the inaccessibility of the website due to these issues. The Company does not guarantee that the services provided through the website will be uninterrupted or error-free, or that specific results will be achieved from the use of the site's content or from connecting to the site.
9. REGISTRATION AND SECURITY
9.1. Accurate and Complete Registration: The User must provide accurate, complete, and up-to-date registration information. Otherwise, this Agreement will be considered breached, and the User's account may be closed without prior notice.
9.2. Account Security: The User is responsible for the security of their password and account on the website and on third-party sites. The Company cannot be held responsible for any data loss, security breaches, or damage to hardware and devices that may occur otherwise.
10. FORCE MAJEURE:
If the obligations arising from the contract become impossible to fulfill due to reasons beyond the control of the Parties, such as natural disasters, fires, explosions, civil wars, wars, riots, revolutions, declaration of mobilization, strikes, lockouts, epidemics, infrastructure and internet failures, power outages (hereinafter collectively referred to as "Force Majeure"), the Parties shall not be held responsible. During this period, the rights and obligations arising from this Agreement will be suspended.
11. INTEGRITY AND APPLICABILITY OF THE AGREEMENT:
If any provision of this agreement becomes partially or entirely invalid, the remaining provisions of the agreement shall remain valid.
12. AMENDMENTS TO THE AGREEMENT:
The Company may, at any time, partially or completely modify the services offered on the website and the terms of this agreement. Changes will be effective from the date they are published on the website. It is the User's responsibility to keep track of these changes. By continuing to benefit from the services offered, the User is deemed to have accepted these changes.
13. NOTIFICATION:
All notifications regarding this Agreement to the parties will be made via the Company's known email address and the email address specified by the user in the membership form. The User acknowledges that the address provided during registration is the valid notification address and agrees to notify the other party in writing within 5 days if it changes; otherwise, notifications sent to this address will be considered valid.
14. EVIDENCE AGREEMENT:
In any dispute arising between the parties regarding transactions related to this Membership Agreement, the Parties agree that the official books, commercial records, and documents of Yeşim Dizayn, as well as the e-archive records, electronic information, and computer records maintained in Yeşim Dizayn's databases and servers, will constitute binding, conclusive, and exclusive evidence. The parties further acknowledge that this provision constitutes an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure No. 6100, and they agree not to object to these records.
15. DISPUTE RESOLUTION
For the resolution of any dispute arising from the implementation or interpretation of this Agreement, the Istanbul (Anatolian) Courts and Enforcement Offices shall have jurisdiction.
16. EFFECTIVENESS
This Agreement enters into force upon the completion of the User's membership process. The Agreement will become void automatically upon the termination of membership without the need for any notice.
