Membership Agreement
Membership Agreement
- PARTIES
This Membership Agreement (hereinafter referred to as the "Agreement") is entered into between YUNEY TEKSTİL SANAYİ TİCARET LİMİTED ŞİRKETİ (hereinafter referred to as the "Company"), the owner of the Website located at www.yuney.com.tr , and the User ("Member") who is a Member of the Website, in order to determine the conditions under which the Member may benefit from the Services offered by the Company.
- COMPANY:
Trade Name: YUNEY TEXTILE INDUSTRY TRADE LIMITED COMPANY
Trade Center Address: ORHANİYE MAH. GAZİMAGOSA CAD. NO:21/A İNEGÖL/BURSA
Tel: 0850 308 18 54
Fax:
- MEMBER:
Name and Surname:
Address:
Telephone:
Email:
History:
The Member and the Company will be referred to separately as "Party" and together as "Parties" in this Agreement.
- DEFINITIONS
In the application and interpretation of this Agreement, the terms listed below shall have the meanings given in writing opposite them.
Services: Applications provided by the "Company" to enable the Member to perform the business and transactions defined in this Agreement.
Website: The website accessible via the domain name and subdomains www.yuney.com.tr, where the Company offers its “Services” as defined in this Agreement.
Member(s): Any natural or legal person who is a member of the Website and who, as a member, uses the content, applications, and Services available on the Website.
Membership Account: A member-specific page accessible only by a username and password chosen by the "User," where the Member can perform the necessary actions to utilize various applications and Services on the Website, and enter their personal information and application-specific information requested.
Cookie Policy: This refers to the text accessible via the Website that provides information about cookies used to ensure the functional operation of the Website, improve the Member's shopping experience, and provide content tailored to the Member's preferences and tastes based on information regarding their visits to the Website.
Privacy and Security Policy: This refers to the text that regulates the Company's general privacy policy regarding personal data, including the purposes and methods by which the Company will use the personal data transmitted by Members through the Website, and which can be accessed via the Website at https://www.yuney.com.tr. It also refers to the text that regulates the general privacy policy regarding the use of cookies and the personal data transmitted by Members through the Website, and which can be accessed via the Website at https://www.yuney.com.tr .
3. SUBJECT OF THE AGREEMENT
The subject of this Agreement is to determine the conditions under which Members may benefit from the Services offered by the Company through the Website, and to define the rights and obligations of the Parties accordingly. By accepting this Membership Agreement, the Member acknowledges, declares, and undertakes that they also accept all statements made by the Company on the Website regarding the Services, usage, content, applications, and Members.
By accessing www.yuney.com.tr ("Website") or using any information on this Website, you agree to the following terms and conditions.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. To obtain membership status, the User wishing to become a Member must approve this Membership Agreement found on the Website, fill in the requested information with accurate and up-to-date information, and have their membership application evaluated and approved by the Company. The User wishing to become a Member must be at least 18 (eighteen) years old. Membership status begins upon completion of the approval process and notification to the Member, and thus the Member acquires the rights and obligations specified in this Membership Agreement and in the relevant sections of the Website. Members who fail to provide accurate and up-to-date information while filling out this Membership Agreement are solely responsible for all damages that may arise as a result.
4.2. The Member acknowledges that the information provided while using the Website is accurate and necessary, and that they are responsible for any damages arising from inaccurate or incomplete information provided, such as forgotten passwords, incorrect addresses during product delivery, or incorrect billing addresses. Furthermore, the Member agrees that the Company may unilaterally terminate the Agreement, end their membership, and delete their registered Member information and data on the Website if they violate any provision of this Membership Agreement.
4.3. In the event of a dispute regarding who owns the membership rights and obligations, and if the individuals concerned make a request to the Company in this regard, the person who most recently made a payment to the Company for any Service using the relevant Membership Account shall be deemed to be the owner of the Membership Account, and transactions shall be processed accordingly.
4.4. The Company has the right to contact the member through the contact information provided by the member for the purpose of carrying out transactions related to the membership. The member is obliged to keep their address, telephone number, and all contact information up-to-date. By accepting the terms of this Agreement, the member acknowledges and declares that, unless a written notice to the contrary is given, the Company may engage in the aforementioned communication activities directed at them.
4.5. The Member acknowledges and declares that if they wish to initiate any legal action or purchase process related to the advertisements viewed on the Website, they are obliged to fulfill all necessary legal obligations and procedures, including those contained on the Website, and that the Company has no information or responsibility regarding said obligations and procedures.
4.6. The Company reserves the right to change or discontinue any services, products, site content, and information available on the Website and its extensions without prior notice. Changes will take effect as soon as they are published on the Website. By using or accessing the Website, these changes are deemed accepted. These conditions also apply to other linked Internet pages.
4.7. The Company accepts no responsibility for any interruption, error, negligence, disruption, deletion, loss, delay in processing or communication, computer virus, communication failure, theft, destruction, or unauthorized access, alteration, or use of records arising from a breach of the Terms of Use, tort, negligence, or other causes.
4.8. This website may contain links or references to other websites that are not under the control of the Company. The Company is not responsible for the content of those websites or any links they contain.
4.9. The Company owns or licenses the intellectual and industrial property rights of the website's design, all information, photographs, the Yuney brand and other brands, the domain name www.yuney.com.tr , its logo, icons, graphics, and technical data on the website, and these are legally protected. The aforementioned items on the website may not be altered, copied, reproduced, translated into another language, republished, uploaded to another computer, posted, transmitted, presented, or distributed without prior permission and without citing the source. The entire website or any part thereof may not be used on another website without permission. Any actions to the contrary will result in legal and criminal liability. All other rights of the Company not expressly stated herein are reserved.
4.10. Members are solely responsible for the opinions, thoughts, expressions, and information and messages related to personal and privacy rights that they share while using the Website. The Company cannot be held liable in any way for such opinions, thoughts, expressions, and shared files, messages, and information.
4.11. Members may not send threatening, immoral, discriminatory messages based on race, religion, language, or gender, or messages that violate the laws of the Republic of Turkey and international agreements, via the Website.
4.12. Members may not publish any material or information on the Website that is defamatory, infringes upon the rights of individuals, institutions or organizations, is immoral or inappropriate, or is illegal.
4.13. Members may not advertise, sell, or offer to sell any goods or services through the Website.
4.14. If the Member uses the Company's account for purposes other than those specified in this Agreement and unilaterally determined by the Company, in a manner that harms the Company or third parties, and/or if the Company's commercial reputation is damaged due to the Member's actions, the Company reserves the right to terminate the Member's membership and to pursue legal and administrative action against the Member.
4.15. Members may submit their requests and complaints regarding the Company, or general requests, through the channels provided in the contact information on the Website.
4.16. The company reserves the right to cancel entries without prior notice if it detects any cheating or unfair registration using computers, internet technologies, or any other means that negatively impacts the campaign results. Even if these individuals are included in the winners list, if any irregularities or behavior is detected, all participation data of the participant will be deleted, and their right to win a prize will be forfeited. (This includes social media campaigns.)
4.17. The Company reserves the right to update the content of this legal notice page at any time and advises its Members to visit the terms of use page each time they access the Website.
- PROTECTION OF PERSONAL DATA
In accordance with the provisions of these Terms of Use and for the purpose of providing Services related to www.yuney.com.tr , and in order to improve the commercial relationship established and the quality of products and services when a sales transaction is carried out to Members through www.yuney.com.tr , the Company may process the information belonging to the Member, which is considered personal data, in accordance with the Law No. 6698 on the Protection of Personal Data (“KVKK”), relevant legislation and the Company's KVKK and Security and Privacy Policy, for the purpose of receiving orders. The processed Personal Data will be deleted, destroyed or anonymized at the end of the necessary period in accordance with the Company's KVKK and Privacy and Security Policy and relevant legislation. The Member acknowledges and declares that they can access detailed information about the KVKK and relevant legislation and their rights by reviewing the KVKK Disclosure Text on the Company's Website.
6. GENERAL PROVISIONS
- The Company acknowledges, declares, and undertakes that if it is unable to deliver the product subject to the Contract within the specified time due to force majeure events, such as unforeseen circumstances beyond the control of the Parties that prevent and/or delay the Parties from fulfilling their obligations, it will notify the Member of the situation. The Member also has the right to request from the Company the cancellation of the order, the replacement of the product with an equivalent if available, and/or the postponement of the delivery period until the hindering situation is resolved. In case of cancellation of the order by the Member, the product amount will be refunded in cash within 14 (fourteen) days for payments made by the Member. In case of payments made by credit card, the product amount will be refunded to the relevant bank within 14 (fourteen) days after the order is canceled by the Member. The Member acknowledges, declares, and undertakes that the average process for the amount refunded to the credit card by the Company to be reflected in the Member's account by the bank may take 2 to 3 weeks, and that the reflection of this amount in the Member's account after its return to the bank is entirely related to the bank's processing time; therefore, the Member cannot hold the Company responsible for any possible delays.
- The Member may not give the password provided to them by the Company to any other person or organization; the Member's right to use the password belongs solely to them. Therefore, the Company reserves the right to claim compensation and other demands against the Member for any unauthorized use of the password and any claims and demands that may be made against the Company by third parties or authorized authorities.
- CONTRACT AMENDMENTS
The Company may, at its sole discretion, unilaterally amend this Membership Agreement and any policies, terms and conditions, including the Disclosure Statement and Privacy and Security Policy located on the Website, at any time it deems appropriate, provided that such amendments do not violate applicable legislation, by posting them on the Website. The amended provisions of the Agreement will become effective on the date they are published on the Website, while the remaining provisions will remain in effect and continue to produce their legal consequences. For the avoidance of doubt, the Agreement cannot be unilaterally amended by the Member.
- INTEGRITY
This Agreement, together with its annexes, constitutes a whole; and the invalidity, illegality or unenforceability of any provision of this Agreement or any statement contained herein shall not affect the validity and enforceability of the remaining provisions of this Agreement.
- APPLICABLE LAW AND COMPETENT COURT
The laws of the Republic of Turkey shall apply to the interpretation and implementation of this Agreement. The Courts and Enforcement Offices of Kayseri shall have jurisdiction over any disputes arising from this Agreement.
- EVIDENCE AGREEMENT
In any disputes arising from this Agreement, the Company acknowledges, declares, and undertakes that its official books and commercial records, as well as the electronic information and computer records kept in its databases and servers, shall constitute binding, conclusive, and exclusive evidence, and that this clause constitutes an evidentiary agreement within the meaning of Article 193 of the Code of Civil Procedure.
- FORCE
This Membership Agreement, consisting of 11 (eleven) articles, has been concluded by the Member electronically after reading and fully understanding each provision, and has entered into force as of the date of approval. This Agreement shall remain in effect until the Member cancels their Membership or their Membership is canceled by the Company.