Parties
This membership agreement has come into force by mutual acceptance with the electronic approval of the "Member" while becoming a member of www.fThis Membership Agreement entered into force upon mutual agreement between www.fugamobilya.com (shall be referred as "website") and the User who has given his/her approval electronically while subscribing to the website at the address of www.fugamobilya.com.
With electronic approval User has given while subscribing to this website, User agrees, represents and undertakes that he/she has read the entire Membership Agreement, fully understood its content and approves all its provisions.
Definitions
Operator of www.fugamobilya.com, and residing at Mermerciler Sanayi Sitesi 32. Sk. No:14. Köseler Köyü Dilovası/Kocaeli (hereinafter referred as "Seller")
Website: the website accessible online where the various services and contents are provided within the frame defined by www.fugamobilya.com.
Member: Real or legal person who subscribed to the website, and benefit from the Services provided in the Website under the conditions of this Agreement.
Buyer: Member who purchased the goods and/or services offered for sales by using the Services offered in the Website.
User: Person who visited www.fugamobilya.com with or without shopping.
Approval Process: The process required to be completed by User to activate his/her membership by sending message from www.fugamobilya.com in the membership form.
Terms of Use and Membership Agreement: This agreement entered into electronically between www.fugamobilya.com and real and/legal persons who will benefit from the services, of business or personal nature, offered via the website.
Subject and Scope of Agreement
The subject of Membership Agreement is to set out the Services offered in the Website, conditions to benefit from these Services, and rights and obligations of parties.
Scope of this Membership Agreement is all warnings, explanations etc. declarations made by Seller with respect to the use, membership and Services as written in this Agreement and annexes and the Website. By agreeing the provisions of Membership Agreement, Member is deemed to have also agreed any declarations made by Seller with respect to the use, membership and Services in the Website. Member agrees, represents and undertakes that he/she will abide by anything contained in said declarations.
The services to be provided www.fugamobilya.com via the Website generally consists of electronic commerce as defined in the Consumer Law legislation.
The services to be provided by www.fugamobilya.com via the Website is the delivery, without defect, of the products offered for sales in the www.fugamobilya.com to the member via cargo services on behalf of www.fugamobilya.com, within the guaranteed time, subject to the payment of relevant price by Member if said product is available in the stocks of vendor, namely if it is possible to fulfill the duty of delivery of the goods.
www.fugamobilya.com is absolutely free to define the scope and nature of the services to be provided in the Website and amendments to the services shall be deemed to have become effective once published in the Website.
Users must satisfy the criteria to be defined by www.fugamobilya.com and written in the relevant sections of the Website in order to benefit from services to be offered in the website.
www.fugamobilya.com is absolutely free to determine these criteria, and amendments to these criteria shall be deemed to have become effective once published in the Website.
Membership and Terms to Use Services
A prospective member will become a member once Seller approves the subscription request of prospective member who, during subscription, sent identity details necessary to subscribe to the Website from the relevant section of the website. Without completing the subscription process, a prospective member may not benefit from rights and authorities granted to Members defined in this Agreement.
To subscribe to the website, prospective members must be older than 18 age, authorized to represent and bind legal person, for legal persons, not be removed from membership temporarily or banned from membership permanently under this Agreement. The applications made by minors, or persons not authorized to represent and bind legal person, for legal persons, or persons removed from membership temporarily or banned from membership permanently under this Agreement may not benefit from the rights granted under Membership even if they have completed Website subscription process.
Seller may terminate this Agreement unilaterally at any time without any reason, without any notification and without any compensation, effective immediately and terminate membership or suspend membership temporarily without terminating membership. Decisions on termination, termination of membership or suspension of membership, as indicated in this Article, will be given by Seller at its discretion and judgment by considering the violation of this agreement, violation of the rules published in the website, seller's determination that activities of member or circumstance resulting from these activities poses a risk pursuant to IT security system of Seller, or seller's commercial decisions, seller's evaluation that circumstance resulting thereof poses a legal risk.
Rights and Obligations
Rights and Obligations of Member
Member agrees, represents and undertakes that he/she will act in accordance with terms of Membership Agreement, rules published in the relevant sections of Website and all applicable legislation while performing membership procedure, benefiting from Services of Website, and performing any activity relating to Services in the Website, and understood and approved all terms and conditions in this Agreement.
In case of allegations of infringement of rights of other members or third parties, or as required by applicable provisions of legislation, Member agrees, represents and undertakes that Seller will be authorized to disclose confidential/private/commercial information to either public authorities or relevant right holders, and no indemnity under any name whatsoever shall be sought from Seller on this ground.
Members are entirely responsible for the security, storage and safekeeping of the system access means (username, password, etc.) they used to benefit from Services offered by Seller as well as any actual use of such means by third parties. Seller disclaims any responsibility, directly or indirectly, for any actual or potential damages incurred by Members and/or third parties due to the faults and negligence of Members with respect to the security, storage and safekeeping of the system access means as well as any actual use of such means by third parties.
Members agrees, represents and undertakes that the information and contents provided by them within Website are correct and lawful. Seller is neither responsible nor under obligation to search the accuracy of the information and contents submitted by Members to seller or uploaded, amended or provided by them via Website, undertake an guarantee that these information and contents are secure, accurate and lawful, nor be held responsible for any damages due to the inaccuracy or incorrectness of said information and contents.
Member may not transfer his/her rights and obligations under this Membership Agreement, as a whole or in part, to any third party without written approval of seller.
Those who benefit from the Services provided by Seller and use the Website can only perform activities in the Website for lawful purposes. Members are solely responsible for any legal or criminal liability in any their activity and action within the Website. Each Member agrees and represents and undertakes that he/she will not reproduce, copy, distribute, process the images, texts, audiovisual, videos, files, databases, catalogues and lists contained in the Website in a manner to infringe the material or personal rights or assets of seller and/or other third parties, and will not compete with seller, directly or indirectly via said actions or other ways. Seller may not be held responsible in any way, directly or indirectly, for the actual or potential damages incurred by third parties due to the activities of Members over Website in violation of the provisions of Membership Agreement and/or law.
Seller, seller's employees or managers have no responsible for services provided or contents published on the Website by third parties including Members. Warranty on the accuracy and lawfulness of information, contents, audiovisual items provided or published by any third party is entirely under responsibility of persons who performed such actions. Seller does not guarantee and warrant the accuracy, security and lawfulness of the services and contents provided by third parties including Members.
Member agrees, represents and undertakes that, as part of any campaign and lottery conducted in the Website, Seller will disclose membership details of Members eligible to join the campaigns and lotteries, with persons and institutions related to the campaign and lottery, and therefore he/she will not seek any legal remedy from Seller on this ground.
Member agrees, represents and undertakes that, with respect to the activities he/she performed via Portal, he/she, as advertiser, producer, taxpayer and similar capacities, has to fulfill the actions and procedures required by the legislation, and Seller has no authority or responsibility with respect to such actions and procedures, and member will be responsible for actual or potential damages incurred by other Members, seller and/or third parties due to the negligence and failures of Member to fulfill such actions and procedures indicated in this Article.
Member may begin using the Website by entering his/her electronic mail address and password, subject to the compliance with the terms and conditions of this Agreement, after filling in sections required for subscription and confirmed his/her electronic mail-address.
While benefiting from Website and services, Member agrees to comply with provisions of Turkish Penal Code, Turkish Commercial Code, Intellectual Property Rights Law, Decree Laws and legislation on Protection of Trademark and Patent Rights, Obligations Code, and other relevant legislation as well as any notices and notifications to be published by Website in relation with its services. Any legal, penal or financial responsibility that may arise from violation of these notices and legislation shall only be under responsibility of Member.
Information of members visiting the website (visit frequency, visit times, etc.) are tracked in order to provide better service. These information are shared with companies cooperated in advertising, etc. subjects in order to expand and improve the contents by abiding the confidentiality conditions. Purpose here is to develop the services provided by Website to users, and enrich the contents offered by Website.
Rights and Obligations of Buyers
Buyer shall be deemed to have agreed the sales terms and procedures defined by seller together with product description once he/she has submitted a demand to purchase a displayed product.
Buyer agrees and represents that Seller does not, or is not under obligation to, have information about any issues about origin of the product including, as to whether the products offered by Producers in the Website have defects, are Banned Products, or illegally traded, or relating to their natures, originality, or accuracy or completeness of written and/or visual descriptions used in the product describes, and is not obliged to furnish guarantee or warranty in these respects.
Buyer agrees, represents and undertakes that if Producer withdraws from selling or delivering the product, due to any reasons, at any stages of an ongoing purchase-sales process on the Website, seller shall have no responsibility or obligations due to this reason, and Buyer shall not demand seller to supply in any way the product he/she intended to buy or its substitute, or to pay a compensation on this ground.
Buyer agrees, represents and undertakes that he/she will create prior information form and distance sales contracts within Secure shopping system Services pursuant to Consumer Protection Law No 6502 and Regulation on Distance Contracts.
Buyer agrees, represents and undertakes that he/she will confirm the prior information form and distance sales contract issued by Seller on the basis of membership information and information provided by Producer on the product being sold under the Consumer Protection Law No 6502 and Regulation on Distance Contracts.
Rights and Obligations of the Seller
Seller reserves the right to change the Services and contents offered in the Website at any time, delete or block the information and contents uploaded by the Member to the system to the access by third persons including Members. Seller may use this right without any prior notification or time. Members are required to perform the changes and/or revisions as required by seller in the shortest time. Such change and/or revisions can also be performed by Seller if it finds necessary. All damages, legal and penal responsibilities arising from failure of Members to timely perform the change and/or revision demands of Seller shall be entirely under the Members.
Seller may use the membership details recorded in the Website in any way in order to ensure security of Users and fulfill his own obligations, and engage in marketing, promotion and communication relating to the websites created by group companies notified in the homepage of the Website (www.fugamobilya.com) as well as for statistical evaluations. Seller may classify and store these in or via a database.
Seller may not join as a mediator or arbitrator in the disputes that arise between Members with respect to Services offered in the Website.
Seller may implement content and/or message scanning for the purposes of identifying any potential message and/or contents, took place between Users over the Website, unacceptable by "Seller" or "X", that are in violation of operation of the Website and/or Membership Agreement and/or general rules of the Website and/or general ethical rules, and delete and remove such messages and/or contents at any time; Seller may send written warning to Member who created such message and/or content and/or terminate the Membership of Member without prior notification, temporarily or permanently.
Members and seller are legally independent parties. There is no partnership, representation or employee-employer relationship between them. No partnership, representation or employee-employer relationship may arise from approval and application of the Membership Agreement.
The "usernames" uploaded by members during Website subscription process are subject to the provisions of this Membership Agreement, and Members must not infringe the copyright, trademark, trade title, etc. legal rights of third parties while selecting their usernames. If Members violates provision of this Article, Seller may demand Member to rectify this situation that violates this Membership Agreement, or cancel the Membership of Member temporarily or permanently without prior notification.
Seller agrees, represents and undertakes that he/she will retain the prior information form and distance sales agreements relating to the sales closed via Website for 3 years and share such prior information form and distance sales agreement within such period with the demand of Buyer and Producer. Seller does not store the credit card information of its customers in its system.
Seller may collect certain information such as the name of Internet service provider and Internet Protocol (IP) address used to access the website, website access date and hour, website pages accessed and internet address of website that directly accesses to website in order to improve and develop the website www.fugamobilya.com and/or as required under the legislation.
Sellers may use personal data of members in the works related to the personal preferences and interest areas of members in order to provide users better service, improve the products and services, to facilitate the use of the websites. Seller reserves its right to record the movements of member while navigating the website www.fugamobilya.com.
In case of a member, user or buyer's action or activity that violates rules of www.fugamobilya.com, or any obligation as set forth in this Agreement, or any law, regulation and other legislation, Seller may limit, suspend or cancel the membership immediately without any warning and notice. In such case, member, user or buyer may not demand and collect any material or moral damages and losses or claims from seller.
Intellectual Property Rights
All elements of the website (including but not limited to design, text, images, html code and other codes) (works subject to seller copyright) are a property of Seller and/or used by seller under the license of a third party. Members may not resell, share, distribute, display, reproduce, make or prepare derivative works from seller Services, seller information and works subject to seller's copyright, or allow other parties to access or use the seller's Services, otherwise, they will be obliged to pay any compensation demanded from seller, and all other claims, including but not limited to legal costs and attorney's fees, due to the damages incurred by third parties, including but not limited to licensors.
Seller reserves all its rights relating to the all assets, material and personal rights, business knowledge and know-how including but not limited to seller's services, seller's information, works subject to seller's copyright, seller's trademarks and seller's trade dress or all other material and intellectual property rights owned via Website.
Amendments to Agreement
This agreement shall remain in force and effective until members cancels out her own membership or her membership is cancelled out by Seller. Seller is authorized at her sole discretion to terminate this agreement by cancelling out the membership of the member if such member violates any provisions of membership agreement.
Limitation of Liability
www.fugamobilya.com disclaims any responsibility for any direct or indirect damage that may arise due to the violation of the agreement, tort or other reasons, due to navigation in this Website and use of information and other data in this Website. www.fugamobilya.com disclaims any responsibility for disruption in the activity, error, negligence, outage as a result of violation of agreement, tort, negligence or other reasons. Upon entering in this website or linked other websites or use of the website, it is hereby acknowledged that www.fugamobilya.com is held free against any kind of responsibility, damage and loss claims including court and other expenses that may arise due to use/visiting.
Transfer
www.fugamobilya.com may assign this contract in whole or in part at any time without notice. However, the User and the Member cannot transfer this agreement or any partwww.fugamobilya.com may transfer this agreement, as a whole or in part, at any time, without notification. However User or Member may not transfer this Agreement or any part of it to another party. Such transfer attempt is herein rendered invalid.
Force Majeure
It is not liable for late performance or non-performance of these Terms of Use and Membership Agreement in all situations that are legally considered force majeure. ThIn the events deemed as a force majeure by laws, parties shall not be held liable for any late or failure to perform any of their obligations under this Terms of Use and Membership Agreement. However in this case, such situation shall not be treated as delay, non-performance or default in terms of www.fugamobilya.com, and www.fugamobilya.com shall not have any obligation to pay compensation in such cases.
Applicable Law and Authority
In implementing this contract, the Consumer Arbitration Committees and the CONSUMER COURTS in the seller's place of residence are authorized up to the value declared by the Ministry of Industry and Trade. If the order is confirmed electronically, the buyer shall be deemed to have accepted all the contract provisions. In case of any dispute between the parties or third parties' complaints, the seller's records and documents, e-mail correspondence, system records on the website (including papers in magnetic media such as computer-sound recordings) constitute conclusive evidence exclusively within the meaning of HMK 193. will.
Governing Law and Jurisdiction
CONSUMER COURTS in the residential address of the sellers, and Consumer Arbitration Committees up to the values published by Ministry of Industry and Commerce are authorized in enforcement of this Agreement. In case of electronic confirmation of an order, Buyer is deemed to have agreed all provisions of this Agreement. In case of any disputes between Parties and/or with respect to the complaints of 3rd Parties, records and documents, mail communications of the seller, system records stored in the website shall be exclusive conclusive and final evidence within the meaning of Article 193 of Civil Procedures Law.
Effectiveness
CONSUMERMembers who subscribed in the system and subscribe to membership shall mean that she read and agreed on all articles of the membership agreement. This Agreement is made and entered into force once member subscribed as a member. Seller may amend the provisions of this Agreement at any time. Amendments shall be published via websites by noting the version number and amendment date, which becomes effective on the same date.
I READ, I UNDERSTOOD and I AGREED.