Membership Agreement

1.       PARTIES AND SUBJECT OF THE AGREEMENT

 

1.1.This “Agreement” governs the terms and conditions between … Kozmetik Ticaret Limited Şirketi, with MERSİS number …… (“..Kozmetik”), and the registered visitor (“Member”) regarding the Member’s registration on the website www……..com (“Website”).

 

1.2.To create a membership account, it is sufficient for the visitor to enter their account information accurately and up to date and to click the confirmation/consent checkbox.

 

1.3.If the Member purchases a product/service through the Website, the transaction will be subject to the distance sales agreement and other consumer agreements concluded with … Kozmetik.
 

1.4. In this Agreement, … Kozmetik and the Member will be referred to individually as a “Party” and collectively as the “Parties.”

 

2.      RIGHTS AND OBLIGATIONS OF THE PARTIES

 

2.1.In order to become a Member, visitors must enter their first name, last name, date of birth, email address, delivery and billing addresses, and Turkish ID number (TCKN) accurately and up to date. The Member is solely responsible for any damages arising from providing incorrect or outdated membership account information and/or failing to maintain it. Additionally, the Member agrees and undertakes to keep their membership account username and password confidential, not to share them with third parties, and acknowledges that they will be responsible for any damages resulting from such sharing.

 

2.2.Information related to the membership account can be changed and/or updated by the Member after logging into the account. The Member may terminate their membership at any time by providing verbal or written notice using the contact information specified through the membership account. The Member may not transfer, in whole or in part, any of their rights or obligations under this Membership Agreement to any third party.

 

2.3.By creating a membership account and entering into this Agreement, the Member must provide consent, in accordance with the relevant legislation, to receive commercial electronic communications from … Kozmetik for marketing, promotion, advertising, and promotional purposes—including digital marketing related to products and services—as well as notifications related to the membership account (by consenting to at least one of the communication preferences for receiving emails or SMS through … Kozmetik systems).

 

2.4.The Member may, at any time, notify … Kozmetik that they wish to opt out of receiving commercial electronic communications by using the relevant electronic communication channels or by following the unsubscribe instructions provided in our commercial electronic messages. The Member’s request will be processed as soon as possible for the specific electronic communication channel concerned.

 

2.5.Members acknowledge that they have been provided with the necessary information by … Kozmetik regarding the personal data collected from them and shared with … Kozmetik by virtue of their membership, in accordance with the … Kozmetik Personal Data Protection Disclosure Statement.

 

2.6.The Member undertakes not to use the Website unlawfully. The Member will not fill in membership account information with false and/or misleading information, nor will they create membership accounts on behalf of fictitious visitors.

 

2.7. The Member agrees not to access or use other internet users’ software or data without permission. Otherwise, the Member shall be solely responsible for any legal and criminal liabilities arising from such actions.

 

2.8. The Member agrees and undertakes to comply with all applicable regulations and national and international procedures regarding online behavior rules and acceptable content, and in particular all applicable laws related to the transmission of technical data. … Kozmetik may terminate the membership and/or claim compensation from the Member for any damages resulting from non-compliance with the Website’s terms of use or the provisions of this Agreement.

 

2.9. … Kozmetik has taken necessary measures to ensure that the Website is free from viruses and similar malicious software. However, to ensure ultimate security, the Member is also required to have their own antivirus protection system and take the necessary precautions. … Kozmetik shall not be responsible for unauthorized access to Member data or for any damage to Member software and data.

 

2.10. … Kozmetik reserves the right to change any services, products, terms of use, or information available on the Website and its domain, reorganize the Website, or suspend its publication without prior notice. Such changes take effect immediately upon being published on the Website. By using or accessing the Website, the Member is deemed to have accepted these changes.

 

2.11.The website www…….com, its domain name, logo, icons, demonstrative, written, electronic, graphic, or machine-readable technical data, software, and design are the property of … Kozmetik. The copyright and/or other intellectual property rights related to these elements are protected by applicable laws, and they may not be used, copied, reproduced, republished, mailed, transmitted, acquired, or modified by the Member without permission.

 

2.12.Members acknowledge and agree that all risks and responsibilities related to their use of the Website or the products and services offered on it rest solely with them, and that they will not make any claims against … Kozmetik under any name regarding these matters. Members also acknowledge that … Kozmetik’s suppliers, distributors, and manufacturers do not provide any guarantee or commitment regarding the functionality, reliability, suitability, or adequacy of the products and services offered on the Website. To the extent permitted by applicable law, Members further agree that … Kozmetik shall not be liable for any direct, indirect, special, incidental, or punitive damages—including, but not limited to, loss of profit, goodwill, or reputation—arising from the use of the products and services on the Website, their outcomes, or the actions of users.

3.     FORCE MAJEURE

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3.1.“Force Majeure” refers to sudden and unexpected events that occur involuntarily and make it impossible, or virtually impossible, for either party to fulfill its obligations under the contract.

3.2.In the event of a “Force Majeure,” the Parties shall be exempt from their obligations and shall not be held responsible for any delay in performance or failure to fulfill their obligations.

3.3.The Agreement shall be suspended until the relevant “Force Majeure” event ceases, and the Parties shall not be held liable for the non-performance of their obligations under this Agreement. All time periods stipulated in this Agreement shall be extended by the duration of the Force Majeure.

3.4.If … Kozmetik is unable to fulfill its obligations under this Agreement due to a “Force Majeure” event for more than 30 (thirty) business days, either Party may terminate this Agreement if they wish. In such a case, the Parties acknowledge, declare, and undertake that they will not make any claims against each other for compensation, loss of profit, or any similar rights.

4.    GOVERNING PROVISIONS AND JURISDICTION

 

4.1.This Agreement is governed by the laws of the Republic of Turkey.

 

4.2.If any provision of this Agreement is rendered invalid due to a court or administrative authority decision or changes in legislation, this shall not affect the validity of the Agreement or the validity of its other provisions in any way.

 

4.4.All disputes between the Parties shall, unless otherwise agreed, be subject to the exclusive jurisdiction of the Istanbul Courts and Enforcement Offices.

 

5.      EFFECTIVE DATE

 

5.1.By registering for membership, the Member acknowledges that they have read and accepted all the provisions of the Membership Agreement. This Agreement is deemed concluded and mutually effective at the moment the Member becomes a member.