This Membership Agreement ("Agreement"); Owner of www.depotextile.com and mobile device applications and located in Esentepe Mah. Keskin Kalem Sok. Arya Plaza No:17 K.1 D:2/A Esentepe, Şişli / Istanbul, Depo Tekstil Ready Wear and Clothing Ltd. Sti. ( "DEPOTEXTILE" ); Determining the conditions regarding the Member's use of the Services offered by DEPOTEXTILE between the website user or the user who becomes a member of the applications installed on mobile devices ("Member") by accepting the following conditions to www.depotextile.com and its mobile application (“Platform”) signed for.
DEPOTEXTILE and the Member will be referred to as the “Party” separately and together as the “Parties” in this Membership Agreement.
Open Market: In accordance with the Law No. 6563 on the Regulation of Electronic Commerce of Depotextile, only "intermediary service provider" and as "host provider" pursuant to the Law No. 5651 on Regulating Broadcasts on the Internet and Combating Crimes Committed Through These Broadcasts, the Sellers and Buyer It refers to the model in which the Sellers act as a commercial representative for the sales of products and/or services made through the Platform by bringing the sellers together on the Platform.
Buyer: Refers to real and/or legal persons who purchase products and/or services from the Platform.
My Account Page: refers to the Member-specific page that can be accessed only with the username and password determined by the relevant Member, where the Member can perform the necessary actions in order to benefit from the various applications and Services on the Platform, enter his personal information and the information requested from him on the basis of the application. it does.
Services : Refers to the applications put forward by DEPOTEXTILE to enable the Members to perform the work and transactions defined in this Membership Agreement.
Seller : Means the legal/real person member who is a member of the Platform within the scope of the Seller Partnership and Announcement Agreement made with DEPOTEXTILE in Open Market boutiques and offers various products and/or services for sale through the advertisements he/she has created through the account he/she has created.
3. Rights and Obligations of the Parties
3.1. In order to gain membership status, the user who wants to become a Member must approve this Membership Agreement on the Platform, fill in the information requested here with correct and up-to-date information, and the Membership application must be evaluated and approved by DEPOTEXTILE. The user who wants to become a member must be over 18 (eighteen) years old. With the completion of the approval process and notification to the Member, the Membership status begins and thus the Member attains the rights and obligations specified in this Membership Agreement and the relevant parts of the Platform. The Member, who does not provide accurate and up-to-date information while filling out the said Membership Agreement, is personally responsible for all damages that may arise due to this. The Member has the right to terminate the Membership status at any time by clicking the "Cancel Membership" button, which can be accessed from the My Account Page.
3.2. In the event that there is a dispute as to which person the Membership rights and obligations belong to, and the said persons make a request from DEPOTEXTILE in this regard, accepting that the last person who paid DEPOTEXTILE for any Service using the relevant Membership account is the owner of the Membership account, and take action accordingly. will do.
3.3. If the Member wishes to initiate any legal action or purchasing process regarding the advertisements viewed on the Platform, he/she is obliged to fulfill all necessary legal obligations and legal procedures, including those on the Platform, and that DEPOTEXTILE shall accepts and declares that it does not have any information and responsibility.
3.4. In Open Market boutiques, in other words, if DEPOTEXTILE is not a seller of any product or service on the Platform, DEPOTEXTILE is only "intermediary service provider" in accordance with the Law No. 6563 on the Regulation of Electronic Commerce and Regulation of Publications Made on the Internet No. 5651 and These Publications It is in the position of "hosting provider" in accordance with the Law on Combating Crimes Committed by DEPOTEXTILE is not responsible for the authenticity, reliability, accuracy or legality of any visual, written or other content on the Platform in the Open Market boutiques and not published by it, and does not undertake any responsibility to check the accuracy of such content.
does not have a cumulative.
3.5. The Member states that the Seller is the seller and he is the buyer, in the distance sales contracts to be concluded for the purchases to be made from any Seller through the Platform in the Open Market boutiques; DEPOTEXTILE is not a party to the aforementioned distance sales contract relationship; therefore, he accepts and declares that only the Seller is personally liable in all respects within the scope of the current consumer law legislation and other legislation. In this context, the quality of all products exhibited and sold in the Open Market boutiques, compliance with the legislation, issuance of warranty certificates, invoicing, delivery of other necessary documents and after-sales service etc. The Seller shall be personally and exclusively responsible for the services and delivery of the products on time.
3.6. In Open Market boutiques, DEPOTEXTILE, due to its intermediary service provider status and its authority in the contract signed with the Seller; The Member will have the authority to collect the product price on behalf of the Seller regarding the products that the Member will purchase from the Seller, and the Buyer will be relieved of his obligation to pay the Seller with this payment to be made to DEPOTEXTILE and will not have to make any further payments to the Seller.
3.7. The Member declares that he/she accepts that he/she will act in accordance with the provisions of this Membership Agreement, all conditions stated on the Platform, applicable legislation and moral rules in the transactions and correspondence he/she performs on the Platform. The legal and criminal responsibility for the transactions and actions of the Member within the Platform belongs to him.
3.8. DEPOTEXTILE may share the information of the Member with the said authorities upon the request of the competent authorities pursuant to the current legislation.
3.9. Personal data received from Members during subscription and/or shopping to the Platform, forgery, fraud, abuse of the Platform, disputes arising between Members and/or Sellers on matters that may constitute a crime within the meaning of the Turkish Penal Code, to be limited only to the requested subject. and to other Members and/or Sellers, who may be a party to the dispute, for the parties to exercise their legal rights and limited only to this scope.
3.10. The user name and password information required by the Member in order to access the My Account Page and perform transactions on the Platform is created by the Member, and the security and confidentiality of such information is entirely the responsibility of the Member. The member states that the transactions carried out with his/her own username and password have been carried out by him/her, that he/she is responsible for these transactions in advance, that he/she cannot claim any objection and/or objection that he/she did not perform the works and transactions carried out in this way, and/or It accepts, declares and undertakes that it will not refrain from fulfilling its obligations based on the objection.
3.11. The Member shall not use the Platform in an unlawful and unethical manner, especially in the cases listed below.
• Using the Platform to create, control, update or change a database, record or directory on behalf of any person;
• Use of the Platform in whole or in part for the purpose of disrupting, altering or reverse engineering;
• Making transactions using false information or another person's information, creating unreal Membership accounts by using false or misleading personal data, including wrong or misleading residence address, e-mail address, contact, payment or account information, and these accounts are not subject to the Membership Agreement or being used in violation of the applicable legislation, unauthorized use of another Member's account, being a party or participant in transactions by impersonating another person or under a wrong name;
• Comment and scoring systems; Use for non-Platform purposes, such as posting comments on the Platform outside of the Platform, or used for purposes other than to manipulate systems;
• Spread of viruses or any other technology that is harmful to the Platform, the Platform's database, any content on the Platform;
• Engaging in activities that will create unreasonable or disproportionately large downloads on communications and technical systems determined by the Platform or harm technical operation, automatic programs, robots, web crawlers, spiders, data mining on the Platform without the prior written consent of DEPOTEXTILE. Using "screen scraping" software or systems such as (data mining) and data crawling, and in this way copying, publishing or using all or part of any content on the Platform without permission.
3.12. The Member does not harm DEPOTEXTILE materially and the Platform technically in any way, with the transactions he/she makes on the Platform.responsible for executing it. Member, all kinds of programs, viruses, software, unlicensed products, trojan horses, etc. that will harm the Platform. It accepts and undertakes that it has taken all necessary precautions, including using the necessary protective software and licensed products, to prevent The Member also agrees that he will not enter the Account Page with robot or automatic login methods.
4.4. The Member accepts and declares that he consents to the use and storage of his personal data by DEPOTEXTILE in this way. DEPOTEXTILE said personal data, Law on the Protection of Personal Data No. 6698 art. 12, will take all necessary measures to prevent unauthorized access and unlawful data processing. On the member's personal data, the Law on the Protection of Personal Data No. 6698 art. has the right to use its rights pursuant to 11 and to make changes or updates to this data at any time.
5. INTELLECTUAL PROPERTY
“DEPOTEXTILE” brand and logo, “DEPOTEXTILE” mobile application and Platform's design, software, domain name and all kinds of intellectual property of any brand, design, logo, trade dress, slogan and all other content created by DEPOTEXTILE. rightfully its own property. The member cannot use, share, distribute, exhibit, reproduce, or make derivative works from the intellectual property rights of DEPOTEXTILE or its affiliates without written permission. The Member cannot use the whole or part of the mobile application or Platform in any other environment without the written permission of DEPOTEXTILE. In case the Member acts in violation of the intellectual property rights of third parties or DEPOTEXTILE, the Member is obliged to compensate all direct and indirect damages and expenses of DEPOTEXTILE and/or the third party in question.
6. CONTRACT CHANGES
7. FORCE MAJEURE
Employer-employer disputes, including riots, embargoes, government intervention, riots, occupations, wars, mobilizations, strikes, lockouts, labor actions or boycotts, cyber-attack, communication problems, infrastructure and internet failures, system improvement or renovation works, and Failures that may occur due to a power outage, fire, explosion, storm, flood, earthquake, migration, epidemic or other natural disaster, or due to a defect that occurs outside of DEPOTEXTILE's control.
If other unexplained and unreasonably foreseeable events ("Force Majeure") prevent or delay DEPOTEXTILE from performing its obligations arising from this Membership Agreement, DEPOTEXTILE cannot be held responsible for its obligations that are hindered or delayed as a result of Force Majeure, and this is a part of this Membership Agreement. cannot be considered a violation.
8. MISCELLANEOUS PROVISIONS
8.1. Evidence agreement; Member states that in disputes that may arise from this Membership Agreement, official books and commercial records of SA and e-archive records, electronic information and computer records kept in DEPOTEXTILE's database and servers will constitute binding, conclusive and exclusive evidence and that accepts that the article is in the nature of an evidential contract within the meaning of article 193 of the Code of Civil Procedure No. 6100.
8.2. Applicable Law and Dispute Resolution; This Membership Agreement shall be governed exclusively by the laws of the Republic of Turkey. Any dispute arising from or in connection with this Membership Agreement shall be under the exclusive jurisdiction of Istanbul Consumer Arbitration Committees and Istanbul (Çağlayan) Courts and Enforcement Offices.
8.3. Notification; DEPOTEXTILE will communicate with the Member via the e-mail address that the Member has stated while registering, or by calling the phone number and sending an SMS. The member is obliged to keep his e-mail address and phone number up to date.
8.4. Integrity and Severability of the Membership Agreement; This Membership Agreement constitutes the entire agreement between the Parties on the subject. If any provision of this Membership Agreement is determined by any competent court, arbitral tribunal or administrative authority to be wholly or partially invalid or unenforceable or unreasonable, this Membership Agreement shall be deemed severable to the extent that such invalidity, unenforceability or unreasonability is reached; and other provisions will remain in full force and effect.
8.5. Transfer of Membership Agreement; The Member shall not be able to assign, in whole or in part, its rights or obligations in this Membership Agreement without the prior written consent of DEPOTEXTILE.
8.6. Amendment and Waiver; Failure of a Party to exercise or exercise any right granted to it in the Membership Agreement shall not constitute a waiver of such right or prevent the further exercise or enforcement of such right.
This Membership Agreement, which consists of 9 (nine) articles, has entered into force as of the moment it is approved by the Member, by reading and fully understanding each of its provisions, and by approving it in the electronic environment.