MEMBERSHIP AGREEMENT

• SIDES

This Membership Agreement (“Agreement”) on the one hand, By filling out the Membership Form with MCA AKSESUAR TİCARET ANONİM ŞİRKETİ (“MCA AKSESUAR”) operating at the address of  EVLIYA ÇELEBİ MAH. REFİK SAYDAM CAD. İŞ HANI NO: 41 İÇ KAPI NO: 4 BEYOĞLU/ İSTANBUL, you can visit the website named “en.marieclaireaccessory.com” (“Website”). has entered into force by being electronically approved under the following terms and conditions between the natural or legal person who is a member (“Customer”).

 

MCA AKSESUAR and the Customer will hereinafter be referred to together as the "Parties" and individually as the "Party".

 

• DEFINITIONS

Service(s): It refers to the promotion of Products through the Website and their offering for sale to the Customer.

 

Personal Data: It refers to all kinds of information regarding the real person that makes the identity defined or identifiable as defined in the Personal Data Protection Law No. 6698 ("KVKK").

 

Member Information: It refers to the personal data, information, photographs, videos, ideas, expressions, comments, scores, correspondence and all other content uploaded and provided during registration to the Website or while using the Website.

 

Membership Form: It refers to the form filled out by the Customer in order to become a member of the Website and become a party to this Agreement.

 

• THE SUBJECT OF THE CONTRACT

The subject of this Agreement consists of benefiting from the services offered by MCA AKSESUAR through the Website and determining the rights and obligations of the Parties in this context.

 

• MEMBERSHIP ACCOUNT

The Customer will create a membership with an e-mail account via the Website. The customer cannot create more than one membership with the same e-mail address.

The Customer accepts that all the information he/she provided while signing up to the Website is correct and complete, that it is not fake, that he/she is responsible for any loss or damage that may arise from the fact that this information is fake or not accurate, and that MCA AKSESUAR will compensate for any damage it may incur in this regard. , declares and undertakes.

In order for the Products sold through the Website to be delivered on time, the membership information must be filled in accurately and completely by the Customer. MCA AKSESUAR cannot be held responsible for any delays or disruptions that may occur in the Services, including delivery, as a result of incorrect or incorrect filling of membership information.

The Customer accepts and agrees that the Member Information will not be contrary to law, morality, third parties' intellectual and industrial property rights, including but not limited to the right to privacy and personal rights, will be in compliance with KVKK and relevant legislation, and will not contain personal data of third parties. commits.

• COMMERCIAL ELECTRONIC MESSAGES

It accepts that commercial electronic messages may be sent to the Customer for marketing and promotional purposes during or after becoming a member of the Website, upon approval by the Customer in accordance with the Law No. 6563 on the Regulation of Electronic Commerce and the Regulation on Commercial Communication and Commercial Electronic Messages. The customer has the right to opt out of these transmissions free of charge at any time and not receive marketing and informational messages.

MCA AKSESUAR has the right to keep all approvals and records given to it by the Customer regarding the sending of electronic messages for marketing and promotional purposes for 3 (three) years from the date on which the approval expires, and other records regarding commercial electronic messages for 3 (three) years from the date of registration.

• RIGHTS AND LIABILITIES OF THE PARTIES

By becoming a member of the Website by filling out the Membership Form, the Customer declares that he/she has read, understood and accepted the provisions contained in this Agreement.

MCA AKSESUAR may continue to serve Customers with a different domain name, provided that it does not harm the quality of the Services offered by the com domain name, which is the subject of this Agreement.

The Customer accepts and undertakes to keep the information obtained while benefiting from the Services via the Website confidential and not to share it with third parties, in accordance with this Agreement and other agreements and policies on the Website.

The Customer is obliged to take the necessary precautions for the confidentiality of his membership account, Membership Information and password. Legal liability arising from the membership password being obtained by third parties belongs entirely to the Customer. All direct or indirect damages incurred by third parties and/or MCA AKSESUAR as a result of the membership password being obtained by third parties will be covered by the Customer. If MCA AKSESUAR pays any compensation to third parties or a fine is imposed against MCA AKSESUAR as a result of the Customer's breach of this obligation, it may have recourse against the Customer for all damages incurred.

The e-mail address, name, surname and all other information provided by the Customer while becoming a member and all data to be obtained as a result of other transactions carried out by the Customer through the Website are considered personal information. MCA AKSESUAR, when collecting personal data from the Customer, refers the Customer to Personal Information No. It fulfills its obligation to inform in accordance with the Data Protection Law and obtains explicit consent if necessary. The Customer will read the Information Text on the Processing of Personal Data shown to him while filling out the forms on the Website.

MCA AKSESUAR may request explicit consent to process some of the Customer's data in accordance with the Information Text on the Processing of Personal Data displayed on the Website. In these cases, the Customer is informed through the Information Text on the Processing of Personal Data and decides whether or not to give explicit consent with his/her free will.

The membership account is specific to the Customer who created this account, and the Customer will not allow the membership account to be used by a third party and will not use the membership accounts of other customers. The Customer acknowledges that the works and transactions carried out using his/her username and password will be deemed to have been carried out by him/her, that the responsibility arising from the works and transactions belongs to him, and that he cannot raise any defense and/or objection that he did not carry out the works and transactions himself, and/or He accepts, declares and undertakes that he cannot avoid fulfilling his obligations based on objection or objection and that MCA AKSESUAR has no responsibility in this regard.

The credit and debit card information used by the Customer in payment transactions made through the Website cannot be viewed or stored by MCA AKSESUAR under any circumstances.

The services to be purchased through the Website will be determined by "stock" quantities, etc. may be limited by the criteria. Due to the possibility of receiving different orders simultaneously with online product / service purchasing, the relevant Product may be sold out before it is purchased by the Customer. For this reason, MCA AKSESUAR does not guarantee that every Product offered for sale on the Website can be purchased by the Customer.

Due to the services it provides, MCA AKSESUAR determines the sales conditions and the rights of the Customer in accordance with the Law No. 6563 on the Regulation of Electronic Commerce, the Law on Consumer Protection, the Distance Sales Regulation and other relevant legislation. The Customer's legal rights regarding the purchase will also be presented on the payment screen during shopping. A preliminary information form regarding product selection and the product desired to be purchased will be sent to the Customer electronically.

The customer will take the necessary measures to ensure the confidentiality of his com membership, membership information and membership password. Legal liability arising from the membership password being obtained by third parties belongs entirely to the Customer. MCA AKSESUAR has no liability for all direct and indirect damages that the Customer may incur as a result of the membership password falling into the hands of third parties, and MCA AKSESUAR has no recourse against the Customer in case it pays any compensation due to the Customer's membership information or password falling into the hands of third parties. will be able to.

MCA AKSESUAR has the title of hosting provider within the meaning of Law No. 5651 within the scope of the ideas and thoughts declared, written and used by the Customer on the Website, and has no obligation to control the ideas and thoughts declared, written and used by the Customer. The responsibility that may arise from all kinds of ideas and thoughts declared, written and used by Customers on the Website belongs to the Customer. MCA AKSESUAR has no liability for any damages that third parties may suffer due to the statements of the Customer and for any damages that the Customer may suffer due to the statements of third parties.

The Customer who violates any of the articles listed in this Membership Agreement will be personally and criminally and legally responsible for this violation and will keep MCA AKSESUAR immune from the legal and criminal consequences of these violations. Moreover; In case the incident is referred to a judicial or administrative investigation, prosecution or trial due to violation, MCA AKSESUAR reserves the right to claim compensation against the Customer for non-compliance with the Membership Agreement.

MCA ACCESSORY; While the customer purchases products on the Website, log records are kept in accordance with the provisions of Law No. 5651 and other relevant legislation. These records are not shared with any institution or organization except for legal reasons.

The Customer agrees that he/she will use the Website and the content, materials and elements on the Website in accordance with this Agreement, the relevant legislation provisions and the rules of ethics, and that the legal and criminal liability that may arise from any contrary use will be his/her own, and that MCA AKSESUAR will not act in any way contrary to this Agreement. It accepts, declares and undertakes that if it detects usage, it will have the right and authority to partially or completely restrict, block, suspend or terminate the Customer's membership, without prejudice to all kinds of claims, lawsuits and pursuit rights. The actions listed below can be cited as examples of improper use;

Causing any harm to MCA AKSESUAR, the Website and/or third parties while performing transactions on the Website,

Using the whole or part of the Website for the purpose of disrupting, changing and/or reverse engineering,

Performing transactions using false information or someone else's information, creating unreal Membership accounts by using false or misleading personal data and using these accounts in violation of this Agreement, current legislation and/or moral rules, unauthorized use of another Customer's account,

Using any other technology, malware or virus that may damage the Website, the Website's database or any content on the Website,

Using the Website in a way that will negatively affect Customers' experience of the Website, and making attacks on the personal and property rights of other Customers.

• FORCE MAJEURE

Any event that does not exist and cannot be foreseen at the time this Agreement is signed, develops beyond the control of the Parties, and makes it impossible for either Party to partially or completely fulfill its obligations and responsibilities under the Agreement or to fulfill them on time (natural disaster, epidemic, war, terrorism, riot). Circumstances such as mobilization, seizure, strike, lockout, decisions and practices of the Turkish Government that prevent the execution of the work) will be considered as force majeure (“Force Majeure”).

 

In cases of Force Majeure, the Parties cannot be held responsible for not being able to fulfill the provisions of the Agreement partially or completely.

 

• DISPUTE RESOLUTION AND APPLICABLE LAW

Istanbul Çağlayan Courts and Enforcement Offices are authorized to resolve any disputes arising from the implementation of this Agreement and Turkish law will be applied.

 

• MISCELLANEOUS PROVISIONS

If any provision or provisions of this Agreement become invalid or unenforceable in any way contrary to applicable law, the other provisions of the Agreement will remain valid and enforceable. In this case, the Parties will use their best efforts to replace the invalid or unexecutable part or provision with a new provision or section that is compatible with the purpose of the invalid part or provision.

Electronic correspondence records such as e-mails, instant messages, server records from which the Customer receives service, server records of MCA AKSESUAR, all digital evidence and faxes between the Parties and by the officials of the Parties are considered legally valid evidence and can be used as evidence in the context of procedural law. the ayes have it.

All kinds of intellectual and industrial property rights of MCA AKSESUAR word/phrase, shape, color and brand and all kinds of slogans, designs, website designs, software, domain names, codes and other identifying/distinctive names and signs used on the Website To MCA AKSESUAR, the Customer cannot use, share, distribute, copy, reproduce or otherwise use this or similar distinctive/identifying name and sign that are subject to intellectual and industrial property rights in a way that will create a commercial effect, without obtaining the prior permission of MCA AKSESUAR. If the Customer acts in a way that violates the intellectual and/or industrial property rights of third parties and/or MCA AKSESUAR or damages its commercial reputation, the Customer is obliged to compensate any damages suffered by MCA AKSESUAR and/or third parties.

This Agreement consists of 9 (nine) main articles and has been concluded electronically between the Parties in 1 (one) copy. The Customer will be able to access a copy of the Agreement at en.marieclaireaccessory.com.

The above-mentioned terms of use are approved by the Customer upon completion of the membership process.

 

Company Name: MCA AKSESUAR TİCARET ANONİM ŞİRKETİ

Website: en.marieclaireaccessory.com

Name/Title: Marie Claire Accessory

Mersis No: 0613-1784-5580-0001

Trade Registry Number: 343100-5

Tax number: 6131784558

Email: info@marieclaireaccessory.com