Membership Agreement

On the one hand, “Aydınlı Mah. Aydınlı Yolu Cad. Cakir Sk. No:2 Pendik/Istanbul” ESER GİYİM İNŞ. TYPE. SINGING. TRADE. LTD. STI. This agreement has been concluded between the (hereinafter briefly referred to as the “COMPANY”) and the member of the website www.esergiyim.com.tr (“Site”) (“Member”) on the other hand, under the following conditions.

Commencement of Contract

After completing the registration process on the Site and confirming the e-mail address, the member can start using the Site by entering his e-mail address and password, provided that he complies with the conditions specified in this Agreement. In case the Agreement is concluded on behalf of a legal entity, the person concluding the Agreement is authorized to carry out such a transaction on behalf of the said legal entity, otherwise (in case of unauthorized transaction) for all the resultant transactions he/she has made or will do thereafter. accepts, declares and undertakes that it is personally responsible. The Member accepts that he/she will be deemed to have accepted all the terms of the Agreement from the moment he/she starts using the Site and these terms will be binding for him/her. The COMPANY reserves the right to change the following conditions, at its own discretion, when necessary in accordance with the legislation or this Agreement, and notify the Member of the changes.

Member's Rights and Obligations

The site is a site open to everyone who is a member of the site.
The Member accepts, declares and undertakes that he/she will act in accordance with all the terms in the contract and the rules specified in the relevant parts of the Site while using the Site.
While benefiting from the services offered on the Site, the Member may publish any and all information to be published regarding the provisions of the Code of Obligations, the Turkish Penal Code, the Turkish Commercial Code, the Law on Intellectual and Artistic Works, the Law on the Protection of Trademark and Patent Rights, Decree-Laws and other relevant legislation and the COMPANY's services. agrees to comply with all kinds of announcements and notifications. All legal, penal and financial responsibilities that may arise due to these notifications and unlawful use belong to the Member.
The Member shall indemnify the COMPANY in full for any damages incurred due to the act contrary to its obligations under this Agreement; The COMPANY has the right of recourse to the Member for any compensation, administrative/judicial fines that the Member may have to pay to public institutions and/or third parties due to his/her behavior contrary to the Agreement.
The member cannot take actions that prevent or make it difficult for other members and visitors to use the Site; cannot load and lock servers or databases with automated programs, or attempt to mislead data; otherwise, his membership will be terminated and he will assume all legal and criminal liability that may arise from this situation.
It is the responsibility of the individuals to back up the correspondence made on the site and is recommended by them. The COMPANY cannot be held responsible for the loss or deletion of correspondences due to failure to take backups.
The COMPANY is free to delete or not delete any record of the membership account terminated by the COMPANY or the Member himself. The member cannot claim any right or compensation regarding the deleted records. However, the Member's right to be informed about the personal data relating to him, to access these data, to request their correction or deletion and to learn whether they are used for their purposes or not are reserved.
The Member declares and undertakes that the personal and other information provided while registering or shopping on the Site are correct and that if this information is not correct, the COMPANY will indemnify all damages incurred due to this reason, completely and immediately.
The risks related to the links (links to different websites) on the Site for the purpose of providing information and convenience to the visitors belong to the Member. These links are included by the COMPANY in the content of the site only for the purpose of providing information and convenience to the visitors.
The visual and textual content presented on the Site is for personal use. All rights of all texts, graphics, photos, videos, animations and sounds in the content of the Site are reserved; Unless otherwise stated, it cannot be used for commercial or personal purposes, without permission and without showing the source. It is forbidden to publish or link any element of the Site on another medium or website without the permission of the COMPANY.
The member cannot in any way use, resell, share, distribute, exhibit, reproduce, process, create or prepare derivative works of the COMPANY's copyrighted works on the Site. Otherwise, the Member declares, accepts and undertakes that he will be responsible for all the damages that the COMPANY has suffered or may suffer.
It is strictly forbidden to copy or use the software used in the design of the pages and in the creation of the database and all rights belong to the COMPANY.
The Member cannot delete or remove the notes under the copyright, trademark and Law on Intellectual and Artistic Works from any material copied from the Site or printed with a printer.
The relations of the site users with each other or with third parties are the responsibility of the persons themselves.
After reading and accepting this membership agreement and privacy policy, the member will be deemed to have approved all kinds of commercial electronic messages to be sent to him by the COMPANY. In this context, the Member has accepted that the COMPANY may send him/her electronic messages for information, marketing and/or advertising purposes without any prior permission from the Member.
If the member wishes to unsubscribe from the daily/weekly e-mail list at any time, he or she can easily unsubscribe from the e-mail subscription with one click, by clicking the "Please click to unsubscribe from our e-bulletin list" link at the bottom of the e-mails. In addition, they can easily cancel their e-mail memberships from the "my memberships" section on the membership page.

Rights and Obligations

In the following cases, the COMPANY has the right to cancel the said transactions, to stop the use of the Member, to terminate the Member's membership, to terminate this Agreement unilaterally immediately, in addition to all its rights arising from the law:
In the event that information that contains incorrect, irregular, incomplete and misleading information, statements that do not comply with the general moral rules and does not comply with the laws of the Republic of Turkey, is recorded on the Site;
In case of using or trying to use the works and data on the Site by copying partially or completely;
The Member is directly responsible for the malicious use of his/her password by other persons, in case the usage rights of the information such as user name and password, which are given to the Members by the COMPANY for being a member of the site, or that they have determined themselves, are shared with third parties. Likewise, the Member cannot use someone else's IP address, e-mail address, user name and other information on the internet, and cannot access or use other Members' private information without permission. Any legal and penal liability that may arise due to such use belongs to the member;
In case of using software that will threaten the general security of the Site, preventing the operation of the Site and the software used, performing activities, trying to do it, and obtaining, deleting or changing information;
By making use of any vulnerability (technical etc.) of the member, COMPANY campaigns, sales system or the Site, the COMPANY . In the event that the COMPANY detects the abuse of the sales system or the Site in the form of causing damage, providing an unfair advantage, making repeated applications,
In case the Member acts in violation of all the terms in the Agreement, the rules specified in the relevant parts of the Site and the applicable legislation, while using the Site or shopping.
The COMPANY will act in accordance with the privacy policy specified in this Agreement during the use of the Site. Otherwise, the COMPANY has the right to terminate this agreement immediately. The member accepts, declares and undertakes that he/she has read this privacy policy and the membership agreement and has been informed from the moment he/she starts using the site.

Privacy Policy

In case of becoming a member of the site, some personal information such as name, surname, e-mail address, telephone number, gender, date of birth, TR identity number, tax identification number, personal interests, billing and delivery addresses are required in order to provide better service. In addition to this information, aggregate statistical data that does not contain personal information, such as the frequency and times of site visits, ordering times and IP address at the time of order, statistics of product pages visited and products ordered, are also collected and used to analyze and understand visitor movements and preferences.
The COMPANY can only use the e-mail addresses and personal information of the customers it collects in the database, periodic campaigns to be sent at regular intervals, designing special promotional activities for customer profiles, and customer classification efforts to prevent spam e-mails from being forwarded. It will be used within the COMPANY.
Credit card and/or debit card information used during order creation is not stored in our systems in any way.
The information collected on the site is to carry out and complete the order processes and to provide communication with our customers; It is used to provide information about products, services, campaigns and promotions, to better understand customers' shopping preferences, to make trend analyzes and statistical analyzes, and to strengthen the security of the site.
For the purpose of enriching and developing the content section of the Site, or for making some statistical evaluations, or for the purpose of performing the functions of the Site or the activities of the COMPANY, or for promotional purposes, the information used on the site can be used in advertising, procurement and similar matters, or in cooperation with the companies that cooperate. (with cargo, shipment, call center, database, etc. services companies) and with relevant state authorities at the points required by legal obligations. However, the COMPANY cannot use this data for commercial purposes or sell it to third parties for any reason other than its activity. This provision does not prevent the transfer of the contract to third parties. In addition, the COMPANY is obliged to keep the Member information that it is legally required to keep. However, the Member always reserves the right to be informed about the personal data concerning him/her, to access these data, to request their correction or deletion and to learn whether they are used for their purposes or not.
When the Member uses a credit card to pay the product price for the product purchased through the Site, he/she is deemed to have accepted that the credit card number, expiration date of the credit card, CVV2 code and similar information should be shared with the banks.
The COMPANY has the right to use all the information related to membership in relation to its own marketing activities, even during or after the termination of the Agreement, provided that this Agreement and applicable legal regulations are adhered to.
The COMPANY undertakes that, without prejudice to its right to permanently or temporarily suspend the service it provides unilaterally, to change or cancel the content of the service, and to make the Member benefit from the services subject to the contract, except for technical failures, the information shared by the Member will not be shared with third parties except for legal obligations and specified situations. . If it is determined that the Member has caused any electronic sabotage and / or attack that will prevent the operation of the Site, or if a criminal complaint or official investigation request is received from the official authorities, the COMPANY investigates and discloses the personal information of the relevant Member. has the right.

Transfer, Scope, Duration and Effectiveness of the Agreement

The Agreement will automatically become null and void without the need for any warning, upon termination of membership or the realization of any of the termination conditions listed in the Agreement. The Member accepts in advance that if the COMPANY deems it necessary, it may cancel the Site membership and terminate this Membership Agreement, provided that the Member is informed of the reason.
The COMPANY may make unilateral changes to this Agreement at any time and without prior notice in order to ensure the continuity of the services it undertakes. COMPANY Provided that the ultimate purpose of the Site and the services it offers remain basically the same; always has the right to permanently or temporarily stop the service it provides unilaterally, to change the content of the service, including the prices published on the Site, or to cancel it, without giving any reason. If the COMPANY deems it necessary, it will publish the updated membership terms on the Site under the same link, along with the date update, and may also notify the Member.
The updated membership terms will be valid from the moment they are published on the Site, and the use of the Site or services will be bound to the new membership terms from that moment on.
In certain parts of the Site, different rules and obligations specific to the relevant section may be determined. The Member using these sections is deemed to have read and accepted the relevant rules.
The Member irrevocably accepts, declares and undertakes that the COMPANY can transfer the Agreement to third parties and that it has already authorized the transfer of the Agreement in accordance with Article 205 of the Code of Obligations with this Agreement.

General provisions

The validity, interpretation and performance of this Agreement are subject to the laws of the Republic of Turkey. Istanbul Central Courts and Enforcement Offices are authorized to resolve disputes that may arise from the implementation of this Agreement.
The e-mail address provided by the Member while subscribing to the Site is considered the legal notification address for any notification to be made regarding this Agreement.
If the parties do not notify the other party of the changes in their current e-mail addresses within 3 (three) days, the notifications to the old e-mail addresses will be valid and will be deemed to have been made to them.
Any notification made using the Member's registered e-mail address will be deemed to reach the Member 1 (one) day after the e-mail is sent by the COMPANY. The Member declares, accepts and undertakes that he/she has read, understood and accepted all of the articles in this Agreement and confirms the accuracy of the information provided.

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