DIVA’S MEMBERSHIP AGREEMENT
This Membership Agreement ("Agreement"); www.divasleather.com(“Site”) and mobile device applications owner and Kazlıçeşme Mah. HaciResitBey Sok. No: 6 Zeytinburnu/İSTANBUL, DİVAS DERİ VE DERİ MAMÜLLERİ SAN. AND FOREIGN TRADE. LIMITED COMPANY ("DIVA'S") and the website user who becomes a member of www.divasleather.com and its mobile application by accepting the following conditions, or the user who becomes a member of the applications installed on mobile devices ("Member"), allowing the Member to benefit from the services offered by DIVA'S. All rights of this www.divasleather.com website and all kinds of disposition on the website belong to DİVAS DERİ VE DERİ MAMÜLLERİ SAN. VE DIŞ TİC. LİMİTED ŞİRKETİ ("DIVA'S"). Please read the following Membership Agreement carefully before using the Site.
2.1 For the establishment of this membership agreement, you must enter the requested Member(s) Information and the password you will determine, [Complete Membership] etc. by giving the specified approval and/or permissions. Just press the button. We kindly ask you to enter your name, e-mail address/mobile phone number and other mandatory information accurately, completely and without errors; If you notice an error, correct it. You can correct the deficiencies/errors that you notice after the completion of the membership process in the My Account section, which you can access from the Member Login section, or you can contact us by calling +90 212 665 91 92.
2.2 When your membership process is completed, we will send this Membership Information-Agreement (in form-text) to the e-mail address you specified in the Membership Information. It is also included as a form on our Site. A text such as ""exclusive" (information as a party entered) contract text for the member may not be stored separately in our Company's systems.
2.3 In order to gain membership status, the user who wants to become a Member must approve this Membership Agreement on the SITE, fill in the information requested here with correct and up-to-date information, and the Membership application must be evaluated and approved by DIVA'S. The user who wishes to become a member must be over 18 (eighteen) years old. Membership status begins with the completion of the approval process and notification to the Member, and thus the Member attains the rights and obligations specified in this Membership Agreement and in the relevant parts of the Site or mobile device applications. 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.
2.4 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 DIVA'S in this regard, accepting that the last person who made a payment to DIVA'S for any Service using the relevant Membership account is the owner of the Membership account, and accordingly will process.
3-) SERVICE CONTENT
The service to be provided by DIVA'S on www.divaselather.com and its mobile application; (“Site”) and the products offered through the mobile device application; It is the delivery of the goods to the customer by the cargo company in the promised time, if the stock status of DIVA'S is suitable, after the price is paid by the member.
4.1 As DIVA'S; Various types of cookies are used in the Mobile Application and the Site in order to perform statistical studies on Mobile Application and Site usage, to make targeted advertisements/promotions, and to provide you with an effective customer experience. These are session cookies, persistent cookies, essential cookies, functionality cookies, analytics cookies, commercial cookies and third party cookies.
4.2 Cookies enable the website to work properly and improve, personalize and improve the user experience, visit the websites without logging in, and/or send commercial-social notifications to the party (even if the internet browser and/or the relevant mobile application is closed, depending on the situation). and in general, are small pieces of data placed on computers and mobile devices in order to provide general or customized information, advertisements and promotions to site users-visitors both on the relevant site and on other sites (including social media-networks and online advertising networks). In addition, we share the traffic data we obtain through cookies with our third party business partners and digital marketing companies at home and abroad for digital marketing purposes. Cookies are kept on computers-devices for a suitable period of time, provided that the legal maximum period, if any, is not exceeded.
4.3 Visitors who use our site (including its mobile versions) will process the above-mentioned application, as well as the processing of the relevant cookies for the purposes and scope-conditions stipulated for your various information here, in the personal data legislation and other parts of this information text (including transfer-sharing and use to third parties in this framework). they are deemed to have accepted.
5-) GENERAL CONDITIONS
5.1 Membership to the Site is subject to your acceptance of the following conditions. Use of the Site means that you accept these terms. Real or legal persons who fill out the membership form on the Site completely and whose membership is approved by DIVA'S are considered as "MEMBERS". It is mandatory to be at least 18 years old for membership. Legal entities can only apply for membership through their legal representatives.
5.2 All members and visitors ("User") who log into the Site, visit the Site, use it in any way, access the Site and/or connect in any other way ("User"), by logging into the Site and/or becoming a member of the Site. In addition to having seen and examined the information about personal data transactions and membership-customer services in our (or mobile application) and/or stores beforehand, you have read all the information and conditions written in this Information-Contract, fully understand the content, approve all its provisions, They declare, accept and undertake in advance that they will comply with all obligations completely and in a timely manner, as well as to bear the relevant rights and responsibilities, and also to act in accordance with the other conditions specified on the Website and the applicable legislation.
5.3 The above-mentioned "User" refers to someone who logs into the Site or in any way, uses the Site, examines the Site, or is connected to the Site through any communication device (such as mobile phone, computer) or receives electronic data through the Site. means any person who has or is present.
5.4 Users become members of the site as specified in Article 2. It has a "username" and "password" to be determined by itself within the scope of the use of the website. The e-mail address written by the User during membership is private to the User and has the opportunity to create a single membership; Two different Users cannot be created with the same e-mail address. The "Password" is known only to the User. The security and confidentiality of the said information created by the Member is the sole responsibility of the Member. The selection and password is the user's responsibility to protect all..
5.5 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 abstain from fulfilling its obligations based on def or objection. DIVA'S does not accept responsibility for problems arising from the use of passwords.
6-) RIGHTS AND OBLIGATIONS OF THE PARTIES
6.1 Necessary measures for the security of the information and transactions given by the Members have been taken in the systems and internet infrastructure by our Company or the relevant institution, depending on the nature of the information and transaction. In your use of our site, all credit card transactions and approvals are carried out online between you by the relevant Bank and similar Card Institutions independently of our Company (information such as credit card "password" is not seen and recorded by our Company). Information entered for information update purposes, as well as sensitive confidential information of credit and debit cards, cannot be viewed by other internet users.
6.2 The member is obliged to use the credit card securely. DIVA'S is not responsible for any direct or indirect damages that may arise due to breach of contract, tort, or other reasons.
6.3 Users can only make transactions on the Website for legal and personal purposes. In the transactions and correspondence carried out on the Site or mobile device applications, the Member shall comply with the provisions of this Membership Agreement, all conditions specified in the application on the Site or mobile device applications, applicable legislation and ethical rules. declares that he agrees to act accordingly. The legal and criminal responsibility for the actions and actions taken by the Member within the Site or mobile device applications belongs to him.
6.4 DIVA'S, as a result of breach of the Contract, tort, negligence or other reasons; does not accept any responsibility for the interruption of the transaction, error, negligence, interruption, deletion, loss, delay of the transaction or communication, computer virus, communication error, theft, destruction or unauthorized entry, modification or use of the records.
6.5 All kinds of acts and actions that may cause damage to the software and hardware systems of the site, negatively affect its operation or cause it to slow down are prohibited. The scope of the aforementioned prohibition also includes making multiple inquiries or opening membership registrations using automatic programs or software, or sending a large number of requests or information to the Site through automatic methods.
6.6. Users and Members are obliged to act in accordance with general morality and decency, all applicable national and international laws and regulations, communication and internet security while using the Site. All kinds of expressions, comments, texts, pictures, images and any other information and documents that users will add to the Site must be in content and form in accordance with general morality and decency and relevant national and international legislation.
6.7 If an unlawful and unethical comment is detected in the comment and score section, the content in question will not be published on the Site or mobile device applications. The member accepts, declares and undertakes that the final decision belongs exclusively to DIVA'S.
6.8 The Member is obliged to carry out the transactions made in the site or mobile device application in a way that will not harm DIVA'S financially and technically the Platform in any way. Any program, virus, software, unlicensed product, trojan horse, etc. that will harm the member, site or mobile device application. 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.
6.9 The Member shall not use the Site or mobile device application in an unlawful and unethical manner, including the situations 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;
- The creation of unreal Membership accounts by using false or misleading personal data, including wrong or misleading residence address, e-mail address, contact, payment or account information, by using false information or the information of another person, and that these accounts are not subject to the Membership Agreement or being used in violation of the legislation in force, unauthorized use of another Member's account, being a party or participant in transactions by replacing someone else or under a wrong name;
-Comment and scoring section; to be used for purposes such as publishing comments on the site or mobile device application, or to be used other than to manipulate systems;
-The subject of the comment section constitutes a crime, results in or encourages the violation of the rules on the website, applicable legislation or international agreements, is illegal, threatening, contains advertising and / or marketing content, is offensive, contains insults and profanity, humiliating, humiliating. Sharing any vulgar, pornographic or immoral, contrary to the generally accepted rules of society, against personal rights, against intellectual and industrial rights, creating unfair competition and/or similar content on the site or mobile device application;
- Engaging in activities that will create unreasonable or disproportionately large downloads on communications and technical systems determined by DIVA'S or harm technical operation, automatic program, robot, web crawler, spider, data mining on the Platform without the prior written consent of DIVA'S 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 site or mobile device application without permission.
6.10 DIVA'S has the right to take all kinds of security measures, including preventing the access of Users/Members who act in violation of the Membership Agreement and the rules mentioned above, to the Site or mobile device application and canceling their membership.
7.2 By accepting this Membership Agreement, the User/Member of your personal information; In order to provide and present various advantages to you and to send all kinds of communication messages for sales, marketing and similar purposes; You expressly consent to the collection, storage, processing, use, transfer and sharing with DIVA'S for the same purposes.
7.3 The User/Member accepts and declares that he consents to the use and storage of his information by DIVA'S in this way. The User/Member has the right to make changes to his personal information at any time. It is not liable and responsible for investigating the accuracy of the information and content transmitted by the User / Members to DIVA'S or uploaded, changed or provided by them through the site / mobile device application, undertaking and guaranteeing that this information and content is safe, correct and legal. It cannot be held responsible for any damages that may arise due to the inaccuracy or inaccuracy of the information and content in question.
7.5 Your credit card information requested on the payment page is never kept on websites or on the servers of companies serving it in order to keep the security of our valued customers at the highest level. In this way, it is ensured that all transactions for payment are carried out between the bank and your computer via the internet site interface.
7.6 Apart from the personal information requested in the websites, e-mail addresses and membership forms, it analyzes and interprets the visitor movements and preferences that it monitors during the use of the website. These statistical data, which do not contain personal information, may be shared with persons deemed appropriate by the company.
7.7 Including, but not limited to any kind of computer viruses, trojans and similar malicious software (malware) that may be exposed due to the use of the Site, the use of the data and information presented and provided on the Site, the behavior made on the basis of this data and information, or access to the Site. DIVA'S does not have any legal or penal liability for any and all direct and indirect damages, losses, damages and/or losses that Users, Members or other third parties may suffer for any reason. They are responsible for the information they receive from mobile applications / all kinds of notifications, the information, promotions and advertisements made electronically to their parties, as well as the decisions they take within the framework of all kinds of suggestions, all kinds of transactions and applications and the results they make accordingly.
7.9 DIVA'S Customer will be able to disclose their information in accordance with the current legislation, if this information is duly requested by the official authorities and in cases where it is obliged to make a statement to the official authorities. Personal data obtained from the Members during membership and/or shopping on the Site, fraud, fraud, abuse of the Site, in disputes that may constitute a crime within the meaning of the Turkish Penal Code, in order for the parties to exercise their legal rights, limited only to the subject requested, and only limited to this scope, it can be shared with the competent authorities and persons who may be a party to the dispute.
8-) PERSONAL DATA
8.1 The Member accepts and declares that he consents to the use and storage of his personal data by MIIN. DIVA'S said personal data, Law on Protection of Personal Data No. 6698 art. 12, will take all necessary measures to prevent unauthorized access and unlawful data processing. On the personal data of the members, the Law on the Protection of Personal Data No. 6698 art. It has the right to use the rights it has in accordance with 11 and to make changes or updates to this data at any time.
8.2 With the Policy, our visitors visiting the Site or mobile device application are informed about the following issues:
-Which personal data of the Data Owners is obtained, the method and legal reason for the collection of personal data;- The purposes for which the personal data of the Data Owners are processed;
- With whom the personal data of the Data Owners can be shared;
- Storage periods of personal data of Data Owners;
- Rights of Data Owners;
-Measures taken to ensure the security of personal data of Data Owners.
8.3 Any information that makes your identity specific or identifiable is “personal data”. DIVA'S conducts all kinds of activities in order to act in accordance with the Law on Protection of Personal Data No. 6698 (“Law”) and relevant legislation in the processing of your personal data.
8.4 Your personal data obtained due to your visit to the site or mobile device applications are listed below:
- Communication information
- Customer Transaction Information
- Transaction Security Information
- Marketing Information
- Product/Service Usage Information
- Request/Complaint Management Information
8.5 Your personal data obtained due to your visit to the site or mobile device applications may be processed by DIVA'S in accordance with Articles 5 and 6 of the KVK Law for the purposes listed below:
- Carrying out the necessary work by our business units and executing the relevant business processes in order to benefit the relevant people from the products and services offered by DIVA'S,
- Planning and executing the activities necessary to recommend and promote the products and services offered by DIVA'S to the relevant persons by customizing them according to the tastes, usage habits and needs of the persons concerned,
- To carry out the necessary work by our relevant business units for the realization of the commercial activities carried out by DIVA'S and to carry out the related business processes,
- Planning and execution of commercial and/or business strategies of DIVA'S,
- Ensuring the legal, technical and commercial-occupational security of DIVA'S and the related persons who have a business relationship with DIVA'S.
8.6 Your personal data obtained, for the purposes of processing your personal data, to our business partners (such as outsourcing service providers, hosting service providers, research companies, call centers), our shareholders, affiliates, legally authorized public institutions and private individuals. It can be transferred within the scope of the personal data processing conditions and purposes specified in Articles 8 and 9.
8.7 Personal data is deleted, destroyed or anonymized by DIVA'S in case the reasons that require processing are eliminated, although it has been processed in accordance with the provisions of the Law and other relevant laws.
8.8 DIVA'S in accordance with the Law, will be able to preserve personal data during the time-out periods determined by the relevant legislation to be used within the scope of any possible dispute. In this case, the stored personal data is not accessed for any other purpose and is only accessed when it is necessary to use it in the relevant legal dispute.
8.9 Pursuant to Article 11 of the Law, Data Owners have the following rights regarding their personal data:
-Learning whether personal data is processed or not,
- If personal data has been processed, requesting information about it,
-Learning the purpose of processing personal data and whether they are used in accordance with their purpose,
- To know the third parties to whom personal data is transferred in the country or abroad,
- Requesting correction of personal data in case of incomplete or incorrect processing and requesting notification of the transaction made within this scope to third parties to whom the personal data has been transferred,
- Requesting the deletion or destruction of personal data in the event that the reasons requiring processing are eliminated, although it has been processed in accordance with the provisions of the KVK Law and other relevant laws, and requesting the notification of the transaction made within this scope to the third parties to whom the personal data has been transferred,
- Objecting to the emergence of a result against the person himself by analyzing the processed data exclusively through automated systems,
- To request the compensation of the damage in case of loss due to unlawful processing of personal data.
8.10 In line with the importance our company attaches to the protection of personal data and ensuring data security, in accordance with Article 12 of the KVK Law, in order to ensure data security by our Company,
- To prevent the unlawful processing of personal data,
- To prevent unlawful access to personal data,
- To ensure the protection of personal data,
takes all necessary technical and administrative measures to ensure the appropriate level of security for the purpose.
9-) INTELLECTUAL PROPERTY RIGHTS
9.1 All intellectual-industrial rights and property rights regarding all kinds of information and content related to our site, as well as their arrangement, revision and partial/full use belong to DIVA'S. The brand, design, logo, trade dress, slogan, all kinds of intellectual property rights of the Site (information, texts, pictures, brands, slogans and other signs, page layout, etc.) All intellectual property rights of all content are the exclusive property of DIVA'S.
9.2 All kinds of database, website, software codes, html code and other codes related to the information on this Website or the Website pages are the products, designs, pictures, texts, visual, audio images, video clips, files, catalogs and other codes contained in the Website. It is forbidden to copy, modify, publish, send, distribute and sell the lists in whole or in part, online or by using other media. The member cannot use the whole or part of the mobile application or site in any other environment without the written consent of DIVA'S. Users accept and undertake that they will not reproduce, copy, distribute, process the software, hardware and content of the Website listed above and not limited to these, and will not compete directly and/or indirectly with DIVA'S, either by these actions or by other means. Partial or complete copying, modification, publishing, sending, distribution and sale of the intellectual property presented on the site by using online or other media will be clearly and unequivocally against the Law No. 5846 on Intellectual and Selling Works and will be subject to civil and criminal sanctions. In the event that the Member acts in a way that violates the intellectual property rights of third parties or DIVA'S, the Member is obliged to compensate all direct and indirect damages and expenses of DIVA'S and/or the said third party.
9.3 The user does not have the right to resell, process, share, distribute, display DIVA'S services, information and copyrighted works, or allow anyone else to access or use DIVA'S services.
10-) CONTRACT CHANGES
DIVA'S may terminate, partially or completely transfer this agreement at any time without notice. The User/Member cannot transfer his rights and obligations under the Membership Agreement, partially or completely, to any third party without the written consent of DIVA'S. The transfer of the contract by the user or member is void.
12-) 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 other events that are beyond the control of DSM, not caused by a fault and cannot be reasonably foreseen (In all cases considered legal force majeure) DIVA'S is not liable for late performance or non-performance of its obligations arising from this Agreement. this situation cannot be considered as a violation of this Membership Agreement. These and similar cases shall not be deemed as delay or non-performance or default by DIVA'S, or DIVA'S shall not be liable for any compensation for these cases.
13-) 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 Bakırköy Courts and Enforcement Offices.
14.1 This Agreement will remain in effect as long as the User logs in to the Website and/or becomes a member, and will continue to have provisions and consequences between the Parties. It will be deemed to have ended in the event that the User's membership period expires or his membership is suspended temporarily or permanently.
14.2 Membership can be terminated at any time by the User/Member with a written notification to DIVA'S through the communication channels in Article 14 or without giving any reason and without paying any penalty. Likewise, DIVA'S has the right to cancel the membership, if it wishes, without giving any reason.
14.3 Our members, whenever they wish and without giving any reason; They can stop commercial electronic communications to their parties by contacting DIVA'S through the specified communication channels or by making the rejection process specified in our messages or by using the system established/established by the competent authorities, if any. For the channels specified by the member in accordance with his clear notification on this matter, communications to the party are suspended within the legal maximum period (possible-required transactions and communications according to the law continue in any case).
14.4 The personal data of our members who change any information (including contact information) with the information update processes you will make on our site and the permission they give regarding electronic commercial communication also applies to their changed/new information. (When our members, who stop commercial electronic communication for any communication channel-address by changing their communication preferences, or make the rejection process in our commercial electronic messages, when they act in the direction that they want communication on the membership page, without the need for a separate permission/approval and without taking into account the previous rejection notifications, if any. and otherwise, they will continue to receive our commercial electronic messages through the relevant channel, until they change the communication preference on the membership page on our site or until they make a duly disclaimer for any commercial communication.)
14.5 DIVA'S User/Members have the right to terminate the Membership Agreement unilaterally in case they violate this Membership Agreement and/or similar rules regarding membership and services on the Website. The User/Members shall be liable to compensate all direct or indirect damages suffered by DIVA'S due to termination due to violation. Apart from this, DIVA'S, like the User/Member, has the right to terminate this agreement at any time without giving any reason.
15-) COMMUNICATION AND NOTIFICATION;
15.1 Our members can report their requests and complaints to our Company by contacting the following communication channels:
DİVAS LEATHER AND LEATHER PRODUCTS IND. AND FOREIGN TRADE. LLC.
Address: Kazlıçeşme Mah. Haci Resit Bey Sok. No:6 34020 Zeytinburnu - Istanbul
Phone:+90 212 665 91 92
Fax: +90 212 665 96 58
E-Mail: [email protected]
Website: www.divasleather.com (Mersis No: 0301051873200011).
Our company is a member of the Istanbul Chamber of Commerce (ITO).
15.2 We are pleased to meet all kinds of applications with justified demands-complaints of our members. If it is not possible, you can apply to the Provincial and District Arbitration Committees and Consumer Courts in your settlement within the legal monetary limits.
15.3 DIVA'S shall communicate with the Member through 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.
16. MISCELLANEOUS PROVISION
16.1 In the event that the members purchase a product/service as a result of the information provided in the specified copies and/or the communications, notifications, promotions and advertisements made to the parties, the aforementioned transaction is subject to the consumer contract they will make with the seller/supplier in accordance with the law.
16.2 The consumer contract is implemented under its own terms and between the parties. from our site In your shopping, the order pre-information form-distance sales contract conditions (also) that you will see during each transaction will be valid.
16.3 Member, in disputes that may arise from this Membership Agreement, DIVA'S official books and commercial records and e-archive records, electronic information and computer records kept in DIVA'S database and servers shall constitute binding, definitive and exclusive evidence and that this article shall be subject to Law No. 6100. It accepts that it is in the nature of an evidential contract within the meaning of Article 193 of the Code of Procedure.
16.4 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 unreasonableness exists; and other provisions shall remain in full force and effect.
16.5 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.
17. This Membership Agreement, which consists of 16 Main Articles, has entered into force as of the date of approval by being approved by the User/Member in electronic environment. Users accept the terms of this Agreement by using the site or mobile device application.