Membership Agreement
Membership Agreement
"The membership agreement concluded with you will be stored electronically by us from the date it is established until your membership ends. After this agreement is concluded, the contract text will be sent to your email address. We kindly request that you keep a copy of this agreement."
www.maisongewhery.com TERMS OF USE and MEMBERSHIP AGREEMENT
The subject of this membership agreement is the determination of the services offered on the website named www.maisongewhery.com and the conditions for benefiting from these services, as well as the rights and obligations of the parties specified below.
PARTIES
This membership agreement (hereinafter referred to as the “AGREEMENT”), which you request to sign by applying for membership in order to receive services from the website named www.maisongewhery.com (hereinafter referred to as www.maisongewhery.com), has been prepared to enable users who become members of the site and access the site content in any way to benefit from the services provided on the site with Enstitü Danışmanlık Hizmetleri Ltd. Şti. This agreement shall become effective at the moment it is approved by the USER or MEMBERS in the electronic environment where the relevant site is located.
TERMS OF USE
2.1 MEMBERS AND USERS are deemed to have read and accepted in advance the conditions written below, which are intended to inform them about the use of the www.maisongewhery.com website, and to comply with these conditions.
2.2 The services offered on this SITE are provided by ENSTİTÜ DANIŞMANLIK HİZMETLERİ LTD. ŞTİ, located at İCADİYE MAHALLESİ SIVACI FERHAT SOK. NO:9 ADALET KÖŞKÜ ÜSKÜDAR - ISTANBUL (hereinafter briefly referred to as “Enstitü Danışmanlık”), and the legal owner of www.maisongewhery.com is Enstitü Danışmanlık. All rights of use and disposition on the SITE belong to Enstitü Danışmanlık.
2.3 This membership agreement may be amended by Enstitü Danışmanlık under conditions deemed necessary and at different times; however, such changes shall be published regularly on www.maisongewhery.com, notified to USERS and MEMBERS, and shall become effective as of the same date.
2.4 Every real or legal person who benefits from the SITE services and accesses www.maisongewhery.com shall be deemed to have accepted in advance all changes made by Enstitü Danışmanlık to the provisions of these terms of use.
2.5 Enstitü Danışmanlık reserves the right to change at any time the information, forms, and content included or to be included on the www.maisongewhery.com website.
DEFINITIONS
3.1. MEMBER: Any real or legal person who wishes to benefit from purchasing products/goods/services from Enstitü Danışmanlık, who fills out the selected membership form completely, whose membership is approved by Enstitü Danışmanlık, and whose membership is accepted by Enstitü Danışmanlık (hereinafter referred to as “MEMBER”).
Individuals over the age of 18 may become members by filling out the relevant membership form on www.maisongewhery.com completely with their real identity information. Companies wishing to become MEMBERS (sole proprietorships and partnerships), Collective Companies, Ordinary Limited Partnerships, Limited Partnerships Divided into Shares, Limited Companies, Joint Stock Companies, Cooperatives, and other institutions may become MEMBERS by filling out the relevant membership form on www.maisongewhery.com completely with their legal entity information and through their authorized representatives over the age of 18, and may perform transactions on behalf of their institutions. The “username” is unique to the member, and the same “username” cannot be assigned to two different MEMBERS. If it is determined that individuals who become members of www.maisongewhery.com have provided incorrect information, Enstitü Danışmanlık reserves the right to cancel or suspend the membership.
3.2. USER: A person who visits the www.maisongewhery.com website owned by Enstitü Danışmanlık, whether shopping or not.
3.3. VERIFICATION PROCESS: The process that must be carried out for Enstitü Danışmanlık to activate the USER’s membership by sending an SMS (short message) from the mobile phone number specified in the membership form by the MEMBER.
3.4. LINK: A connection that enables access from www.maisongewhery.com to another website, files, content, or from another website to www.maisongewhery.com, files, and content.
3.5. CONTENT: All kinds of visual, written, and audio images such as information, files, images, programs, numbers, prices, etc., published on and/or accessible from the www.maisongewhery.com website and/or any other website.
3.6. WEBSITE TERMS OF USE AND MEMBERSHIP AGREEMENT: This agreement concluded electronically between Enstitü Danışmanlık and real and/or legal persons who will benefit from the commercial and personalized services offered via www.maisongewhery.com.
3.7. PERSONAL INFORMATION: Information such as the member’s identity, address, email address, phone number, IP address, which sections of www.maisongewhery.com are visited, domain type, browser type, visit date, time, etc.
SCOPE OF SERVICES
4.1. The services to be offered by Enstitü Danışmanlık via www.maisongewhery.com generally consist of electronic commerce as defined in consumer law legislation. For all user transactions carried out via www.maisongewhery.com, the provisions of the Consumer Protection Law, the Regulation on Distance Contracts, and the Regulation on the Principles of Implementation of Warranty Certificates shall apply. MEMBERS and USERS hereby accept and declare this.
4.2. The services to be provided by Enstitü Danışmanlık via www.maisongewhery.com are not limited in number; however, the most important of these services is the delivery of the products offered for sale at www.www.maisongewhery.com to the customer by the cargo company on behalf of Enstitü Danışmanlık, free of defects, as soon as possible, after the MEMBER has paid the price, subject to the availability of the supplier’s stock and taking into account legal periods.
4.3. Enstitü Danışmanlık is completely free to determine the scope and nature of the services it will provide via www.maisongewhery.com, and declares that any changes it makes regarding the services shall enter into force upon publication on www.maisongewhery.com. MEMBERS and USERS hereby accept this.
4.4. In order to benefit from the services offered within www.maisongewhery.com, users must have the qualifications determined by Enstitü Danışmanlık and specified in the relevant section of www.maisongewhery.com. Enstitü Danışmanlık is completely free to determine these qualifications and declares that changes regarding these qualifications shall enter into force upon publication on www.maisongewhery.com. MEMBERS and USERS hereby accept this.
GENERAL PROVISIONS
5.1. MEMBERS or USERS declare and undertake that the personal and other information they provide while becoming members of the www.maisongewhery.com website is accurate before the law, and that they will fully and immediately compensate all damages that www.maisongewhery.com may suffer due to the inaccuracy of such information.
5.2. MEMBERS or USERS accept and undertake in advance to comply with legal regulations while using the www.maisongewhery.com website and not to violate them. Otherwise, all legal and criminal liabilities arising shall be entirely and exclusively binding on the USERS or MEMBERS.
5.3. MEMBERS or USERS may not use the www.maisongewhery.com website in any manner that disrupts public order, violates public morality, harasses or disturbs others, for illegal purposes, or infringes on the intellectual and copyright rights of others. In addition, members may not engage in activities or transactions that prevent or make it difficult for others to use the services (spam, viruses, trojans, etc.).
5.4. Enstitü Danışmanlık shall not be responsible for unauthorized access to member data or for damages that may occur to member software and data. MEMBERS and USERS accept in advance that they will not claim compensation from Enstitü Danışmanlık for any damages they may incur due to the use of the www.maisongewhery.com website.
5.5. Links may be provided on the SITE to other websites and/or content not under the control of Enstitü Danışmanlık and/or owned and/or operated by third parties. These links are provided for the convenience of USERS and MEMBERS and do not support any website or the person operating it. They do not constitute any representation or warranty regarding the information contained on the linked website. Enstitü Danışmanlık has no responsibility for the websites and content accessed via links on www.maisongewhery.com, and any damages arising from the use of such sites are the responsibility of USERS and MEMBERS.
5.6. A member who violates one or more of the provisions listed in this membership agreement shall be personally responsible for such violation both criminally and legally, and shall hold Enstitü Danışmanlık harmless from the legal and criminal consequences of such violations. In addition, in the event that such violation is brought before judicial authorities, Enstitü Danışmanlık reserves the right to claim compensation from the member for non-compliance with the membership agreement.
5.7. The software and design of the www.maisongewhery.com website are the property of Enstitü Danışmanlık, and the copyright and/or other intellectual property rights related thereto are protected by applicable laws and may not be used, acquired, or modified without permission by MEMBERS or USERS. Other companies and products mentioned on the www.maisongewhery.com website are trademarks of their respective owners and are also protected under intellectual property rights.
5.8. Enstitü Danışmanlık has the right to disclose the MEMBER’s personal information to relevant authorities when legally required, to comply with legal obligations or legal processes served on Enstitü Danışmanlık, or when it deems it necessary to protect and defend the rights and property of Enstitü Danışmanlık.
5.9. Enstitü Danışmanlık continuously checks the accuracy and currency of the information available on www.maisongewhery.com. However, despite these efforts, the information on www.maisongewhery.com may lag behind current changes. The materials and information contained on www.maisongewhery.com are presented as they are at the time they are published on the site, and there may be differences between the current status of the relevant service or information and what is stated on www.maisongewhery.com. Enstitü Danışmanlık does not provide any explicit or implicit guarantee regarding the currency, accuracy, conditions, quality, performance, merchantability, suitability for a particular purpose, or completeness of the information on www.maisongewhery.com, nor regarding its effects on other information, services, or products, whether related or unrelated.
5.10. Enstitü Danışmanlık reserves the right to change, reorganize, suspend, and/or temporarily stop any kind of services, products, campaigns, information available on this SITE and its extensions, as well as the terms of use of www.maisongewhery.com and the information presented on www.maisongewhery.com, without prior notice. Changes shall enter into force upon publication on the www.maisongewhery.com website. Use of or access to www.maisongewhery.com shall be deemed acceptance of these changes. These conditions also apply to other web pages accessed via links. Members accept to receive weekly newsletters and campaign announcements via email.
5.11. Enstitü Danışmanlık, its affiliated institutions, employees, managers, and authorized dealers shall not be responsible for services provided and content published by third parties within www.maisongewhery.com. The responsibility for the accuracy and legality of information, content, visual and audio images provided and published by any third party lies entirely with such third parties. Enstitü Danışmanlık does not warrant or guarantee the security, accuracy, or legality of services and content provided by third parties.
5.12. Users of www.maisongewhery.com may carry out transactions on www.maisongewhery.com only for lawful and personal purposes. USERS and MEMBERS bear sole legal and criminal responsibility for all transactions and actions they perform within www.maisongewhery.com. Each USER and MEMBER undertakes not to engage in any activity that would infringe upon the rights of Enstitü Danışmanlık and/or any third party. Enstitü Danışmanlık shall have no direct or indirect liability for damages suffered or that may be suffered by third parties due to the activities of USERS and MEMBERS on www.maisongewhery.com.
5.13. Enstitü Danışmanlık may use the information transmitted to it by USERS and MEMBERS via www.maisongewhery.com in accordance with the provisions of the “Privacy Policy” and “Website Terms of Use.” It may process such information, classify it, and store it in a database. Enstitü Danışmanlık may also use information such as the USER’s or MEMBER’s identity, address, email address, phone number, IP address, which sections of www.maisongewhery.com are visited, domain type, browser type, visit date, time, etc., for purposes such as statistical evaluation, announcing campaigns, and providing personalized services.
5.14. Unless expressly authorized by Enstitü Danışmanlık under these SITE Terms of Use, Enstitü Danışmanlık reserves all rights regarding its services, information, copyrighted works, trademarks, trade dress, and any other assets and information provided via this SITE.
5.15. The parties accept and declare that all computer records of Enstitü Danışmanlık shall constitute the sole and exclusive evidence in accordance with Article 287 of the Turkish Code of Civil Procedure, and that such records constitute an evidentiary agreement.
LIMITATION OF LIABILITY
Enstitü Danışmanlık shall not be liable for any direct or indirect damages arising from access to www.maisongewhery.com, use of www.maisongewhery.com or the information, data, programs, etc. on www.maisongewhery.com, whether due to breach of contract, tort, or any other reason. Enstitü Danışmanlık assumes no responsibility for interruptions, errors, omissions, or disruptions resulting from breach of contract, tort, negligence, or other reasons. By accessing or using www.maisongewhery.com or other linked websites, Enstitü Danışmanlık is deemed to be released from all kinds of liability, including court and other expenses, for any damages and claims that may arise as a result of use or visit. USERS and MEMBERS hereby accept, declare, and undertake to pay in cash and in full, upon first request and without the need for any judgment, any damages they cause directly or indirectly.
PRIVACY – PERSONAL DATA
Enstitü Danışmanlık may use information related to USERS or MEMBERS in accordance with legal regulations, provided that it does not constitute a breach of this agreement. Personal information and data obtained from consumers by www.maisongewhery.com due to electronic commerce transactions are kept confidential by www.maisongewhery.com and are not shared with third parties. However, the member declares and accepts that the personal information and shopping information previously provided and/or to be provided in the future, as well as shopping and/or consumer behavior information, may be collected, shared with Enstitü Danışmanlık and affiliated organizations, used and archived by www.maisongewhery.com and its affiliated organizations for purposes such as product and service promotions, advertisements, campaigns, advantages, surveys, and other customer satisfaction practices. Unless the member notifies otherwise, the member also declares and accepts that such data may continue to be collected, shared, used, and archived even after the membership ends.
ASSIGNMENT
Enstitü Danışmanlık may assign this agreement in whole or in part at any time without notice. However, the USER or MEMBER may not assign this agreement or any part thereof to another party. Any such attempt at assignment shall be invalid.
TERMINATION OF THE AGREEMENT
This membership agreement shall remain in force as long as the USER remains a member of the Site and shall continue to produce its provisions and consequences between the parties. It shall be deemed terminated upon the USER’s resignation from membership or upon temporary or permanent suspension of the membership. If MEMBERS or USERS violate this agreement or certain rules regarding membership and services within www.maisongewhery.com, www.maisongewhery.com may unilaterally terminate the agreement, and USERS or MEMBERS shall compensate all damages incurred by the www.maisongewhery.com website due to the acts giving rise to termination.
FORCE MAJEURE
Enstitü Danışmanlık shall not be liable for late or non-performance of its obligations under this “membership agreement” due to circumstances legally considered force majeure. In such cases, USERS or MEMBERS shall not be entitled to claim any compensation from Enstitü Danışmanlık under any name due to delay, non-performance, or default. USERS and MEMBERS hereby accept and declare this.
GOVERNING LAW AND JURISDICTION
This Membership Agreement and disputes arising from the use of services on www.maisongewhery.com shall be governed by Turkish Law, and Istanbul Anatolian Courts and Enforcement Offices shall have jurisdiction. Enstitü Danışmanlık reserves the right to file a lawsuit in the country where the USER or MEMBER is located.
EFFECTIVENESS AND ACCEPTANCE
These Website Terms of Use and Membership Agreement shall enter into force on the date they are announced to USERS or MEMBERS by Enstitü Danışmanlık. USERS and MEMBERS shall be deemed to have accepted the provisions of this agreement by using the www.maisongewhery.com website. Enstitü Danışmanlık may amend the provisions of this agreement at any time; amendments shall be published on www.maisongewhery.com with a version number and amendment date and shall enter into force on the same date.