MAISON DE MARA MOBİLYA VE ENDÜSTRİYEL TASARIM ANONIM ŞIRKETI MEMBERSHIP AGREEMENT
Subject of the Membership Agreement
The subject of this Agreement is to determine rights and obligations of the Parties relating to the orders given by the users through website of Maison De Mara Mobilya ve Endüstriyel Tasarım Limited Şirketi (the “Company”) with the URL address of www.maisondemara.com and allow and enable those users by accessing to website of the Company to order furniture, accesories, and all kind of products (collectively the “Products”) specified under the website and ensure delivery of such orders.
Parties and Approval of the Agreement
This Membership Agreement (the “Agreement”) has been executed and accepted by and between our Company having the website with URL address of www.maisondemara.com (the “Website”), resident at the address of Adres Bilgisi: BEBEK MAHALLESİ BEBEK HAMAMI SOKAK ŞEHMEN APT. NO:5/9 BEŞİKTAŞ/İSTANBUL and registered to the Istanbul Trade Registry with trade registry number of 270458-5 and internet user (the ‘’Member’’ or the “User”) have accessed and become member to our Website. This Agreement shall come into force when the Member completes and approves the subscription form and agrees to bind with the terms and conditions of this Agreement by clicking the option of given to her/him as “I Have Read and Agree with the terms and conditions of Maison de Mara Mobilya ve Ebdüstriyel Tasarım Limited Şirketi Membership Agreement’’.
The Member may access to this Agreement through the ‘’Sign Up’’ tab or through the ‘Membership Agreement’’ located at the bottom of the Website and a copy of this agreement shall be sent to the Member by e-mail following the completion of membership transaction via Website.
Procedures of Membership
The Member shall be obliged to define and determine an e-mail address as a ‘’username’’ and a ‘’password’’ to become member to our Website. The username (e-mail address) shall be specificly choose by the relevant Member and the same username (e-mail address) shall not be assigned and used by more than one member.
“Password” is known only by the Member and the Member shall have right to change this password. Altough, Member shall be responsible from election, protection and confidentiality of this password.
The Member’s right to use the password obtained from the Website shall belong to the Member exclusively. The Member should not share this password with any third person and should keep it safely. The Member shall be legally and criminally responsible for loss of the password by his/her fault or damages caused by use of the password by third persons. The Member shall not bring any claim against the Company for this reason and the Company shall not have any liability for compensation of damages of the Members due to such cases.
The Parties shall not disclose any information and document transmitted to them orally or in any other form as well as personal details of the Members (‘’Confidential Information’’) to third persons without written consent of the other party and use or let others use them on behalf of other persons, organizations and institutions during and after duration of this Agreement unless it is neccessary to use such informaiton to fulfill obligations of this Agreement and delivery of Products to the Members. The parties shall be liable for ensuring privacy of the abovementioned Confidential Information, taking all relevant measures, acting in line with the confidentiality principles, preventing use of this information by unauthorized persons and taking any precaution to prevent any misuse.
The Company shall not ask for personal information of potential members visiting the Website. However, if a visitor wants to order the Products, then he/she will be obliged to sign in to the Website and become a Member. Therefore, visitors who do not sign in and become a Member of our Website shall not be allowed to order our Products through the Website.
Membership information shall be recored under our systems. Membership information shall comprimise of name and surname, e-mail, location information, phone number, order information and transaction securitiy. The Parties have agreed that credit card information and other account information shall not be deemed as personal information and shall not be requested from the Member until purchase / order. Address, postal code and other information under location information shall be used by our Company for Product delivery and standard procedures for informatory purposes.
High safety standards shall be valid during the shopping from Website of the Company. The Company shall have right to use identity verification system developed by card institutions to secure online shopping. It is required for the card holder to verify the transaction by a special password provided by the bank for such shopping to be deemed valid.
The Member may make the payment by 3D Secure if it is supported by the relevant bank system.
Obligations of the Member
The Member hereby agrees, accepts and undertakes to observe all provisions of the applicable law and terms of this Agreement and not to violate the said terms and provisions while using the Website. Otherwise, the Member shall be fully and exclusively liable from all legal and criminal consequences to be arised.
The Member agrees, accepts and undertakes the following:
- Information provided in the registration form on the Website is true and accurate and he/she shall be responsible for damages arising from inaccuracies and deficiencies in this information in cases where such information is required and his/her membership may be terminated in such cases,
- He/she shall be directly liable for any transaction performed by him/her under the title of the ‘’User’’,
- He/she shall not copy, reproduce or distribute such software and copyright of the Company and accepts that the copyright of the services provided and software used by the Company belongs to the Company,
- Any record or material obtained by using the Website within his/her consent, he/she shall be directly responsible for failures caused by then in his/her computer, loss of information and other losses and he/she shall not claim any compensation against the Company for damages that may arise from use of the service,
- He/she shall not use the services of the Company for commercial and advertising purposes without consent of the Company,
- He/she shall not access to the services provided by the Company without authorization and shall not modify the software in any manner, use the software appearing to be modified and cover material and moral damages suffered by the Company in case of violation of said provisions by him/her,
- He/she shall not send information or software which may harm the system of the Company or information and software stored in computers of other users,
- The entire system can be monitored by the Company temporarily or continuously and it may intervene and terminate the membership in case of violation of these provisions,
- He/she shall not use the Website in any unlawful manner disturbing public order, harassing others and breaching rights and copyrights of any other third person in any case, and
- If he/she violates one or more provoison or provisions (as the case may be) of this Agreement, he/she shall be responsible for all possible damages arising from it and hold the Company harmless against any damage, lawsuit and claim brought against it and compensate it if necessary.
Rights and Obligaitons of the Company
The Company may:
- Suspend or fully stop operation of the system and Website in any time.
- The Company does not have any obligation to give notice in advance to its members or third persons due to suspension or continuous stoppage of the system neither it shall have any responsibility due to this reason.
- Information provided by the Members through the Website may also be used by the Company to improve the use of the website, to contact with the members, satisfy intracompany needs and deal with legal requirements.
- Implementation of this agreement may be modified or the Company may add provisions to these existing provisions and existing provisions may be amended to satisfy technical requirements that will arise in the future and for legislation purposes.
- The Company may provide additional services, partially or fully change certain services or charge.
- The username and password shall be displayed and approved after the relevant tabs and forms provided for the Member by the Company. The Company may indefinitely prevent the customers, who have filled in all fields or connected despite having a password, from having a new password or using their passwords.
- The Company owns all of the copyright on the information, document, software, design, graphic etc. created or purchased by the Company.
- The Company may collect certain information name of the internet service provider and Internet Protocol (IP) address used to access to the Website, date and time of access to the Website.
- The Company shall not be hold responsible for intrusion to the data of the Members and possible harm to software and data of the Members other than cases where it is faulty.
The Members acknowledge that all shopping transactions are for personal use and they are not intended for re-sale.
Validity of Records of the Company
The parties agree, declare and undertake that book records and and computer records of the Company shall form valid, binding, final and exclusive proof as per Article 193 of the Code of Civil Procedure and this provision forms an evident agreement between the Parties.
The Company may unilaterally terminate this agreement in any time.
Similarly, the Member may terminate this agreement by sending a written e-mail to firstname.lastname@example.org at any time.
Courts and Enforcement Offices of Istanbul Merkez shall be authorized for settlement of any dispute that may arise from the performance of this Agreement.