Our customers, who have used this shopping website and who have done shopping, are considered to have accepted the following terms and conditions:
The web pages in our website and all pages connected thereto (‘website’) are the property of and operated by HAREMLİK GIDA,DEKORASYON VE EKİPMANLARI SAN.TİC.LTD.ŞTİ. with its address at Kanlıca mah. Mihrabat cad. No: 90 Beykoz/İstanbul While you (“User”) are using all services offered in the website, you are deemed to have accepted that you are bound to the following terms and conditions and you, by benefiting from and continuing using the services within the website, are deemed to have also accepted all and kind of statements and declarations of the Company in respect of the use, contents, applications and Users and you are deemed to have accepted that you have the right, authority and legal capacity to sign the agreement under the laws applicable to your behalf, you are above the age of 18, you have read and understood this agreement and you are bound by the conditions written and stipulated in the agreement.
This agreement imposes on the parties the rights and liabilities related to the subject matter website and the parties, by accepting this agreement, declare that they will fulfill such rights and liabilities in a complete, accurate and timely manner and within the scope of the conditions stipulated in this agreement.
1. RIGHTS AND LIABILITIES OF PARTIES
a. The Company at all times reserves the right to make changes in the prices and the offered goods and services.
b. The User accepts that the access to the Website may temporarily be prevented for the purpose of the implementation of improvements and other changes to be made in the Website or for any technical or legal reasons.
c. The User accepts that the membership form included in the Website will be completed by the same with true information in line with the requested information, his/her User status will commence upon the acceptance of this agreement and his/her personal data allowed by the same will take place in the User Profile included in the Website. The applicant should be above the age of 18 so as to gain the User statute.
d. The User hereby accepts that he/she shall not reverse engineer in the use of the website or he/she shall not perform any other acts for the purpose of finding or obtaining the source code thereof, otherwise he/she shall be liable for the losses/damages to arise in contrary cases and to arise before the third parties and legal and criminal actions shall be taken against the User.
e. The User accepts that he/she shall not produce and share, in his/her activities within the website, in any part of the website or in his/her communications, any contents which are against the general ethics and code of conduct/customs and which are against law, which prejudice the rights of third parties and which are misleading, aggressive/offensive, off-color, pornographic, which prejudice the personal rights, which are against copyrights and which encourage illegal activities; the contents uploaded by the User to the Website shall not include hazardous materials such as virus, spyware, malicious software, Trojan horse etc., he/she will not use the Website for purposes such as data mining, he/she shall not include commercial offers and advertisements in his/her profile or communications with other Users, he/she shall in no way use the Website for commercial purposes and/or with a view to gain revenue. The User is entirely responsible for the damages to occur in contrary cases and in such a case, the authorities of the ‘Website’ may suspend, terminate such accounts and they reserve the right to initiate legal process against the same. For this reason, the authorities of the Website reserve the right to share information related to the activities or user accounts if such a request for information in relation to the activities or user accounts is received from the judicial authorities.
f. The User is personally responsible for the use and management of all information, also including the accounts, user name and password enabling the use of the Website. Each and every transaction realized with the User’s account, user name and password shall be deemed to have been performed personally by the User and the User shall be individually responsible for the losses/damages incurred by the User and/or third parties on account of the use of its referred information by a person other than the User or on account of losing or handover of such information. The relations of the Users with each other or third parties are under their own liability.
g. All and any kind of legal, administrative and criminal responsibility arising from the use of the Website belongs to the User. The Company can in no way be, directly or indirectly, held responsible for the losses incurred or probable to be incurred by third parties as a result of the acts performed by the User on the Website and/or its activities against this Agreement and its unlawful activities. Recourse shall be taken against the User for all and any kind of claims and requests to be raised by the third parties within this scope and for the losses to be incurred by the Company arising from the failure of the User to fulfill its liabilities specified in the Agreement.
h. The Company is not liable for any direct or indirect damages and losses that may arise -other than the gross fault of the Company- from violation of the Agreement, tortuous act or any other reasons on account of the entry to the Website or the use of the Website or the information and other data, programs etc. in the Website. The Company does not accept any responsibility in respect of any interruption of the transaction, error, negligence, deletion of data, loss of data, delay in transaction or communication, computer virus, communication error, theft, destruction or unauthorized entry to records, unauthorized change or use of records as a result of the violation of the Agreement, tortuous act, negligence or other reasons. It is hereby accepted that the Company is held harmless from all and any kind of losses and claims, also including the court and other expenses, and from all and any kind of responsibilities that may arise from the access to the Website or websites given a link or the use of Website and the use of/visit to the same.
i. The User is exclusively responsible for all and any kind of information and contents shared by the same in the Website and all and any kind of claims/requests and damages arising in relation to such information shall be forwarded to the User or recourse shall be taken against the User for the same. The User accepts and declares that the Company has no liability to search the correctness, accurateness, originality and security of any information shared over the website also including the information provided by the other Users and to ascertain whether it is lawful to share such information, the information of the User may be shared by the third parties within the Website or other channels and the Company does not have any responsibility on account of the damages that may arise due to the referred information.
j. The User accepts and declares that links to other internet sites and/or platforms, files or contents, that are not under the control of the Company, may be given over the Website, services of third parties may be rendered and such links do not carry the nature of any type of representation or warranty for the purpose of supporting the internet site which such links head for or the person operating the same/rendering the service or for the internet site or information contained therein and the Company has no responsibility for the platforms, internet sites, files and contents, services or products or content thereof accessed to via such links.
k. The User accepts and declares that the access to the Website and the contents offered over the Website and the quality thereof substantially depend on the quality of service provided from the relevant internet service provider and the Company does not have any responsibility for the problems arising from the referred service quality, the functioning of the Website is not free from defects and the User is aware of the fact that there may be technical breakdowns or access barriers from time to time.
l. The User accepts to be aware of the fact that the Company does not guaranty that there will not be any virus, worm or other attacks and unauthorized accesses to the Website or the Company does not guaranty that information will not be transmitted from or to the Website.
2. Intellectual Property Rights
2.1. All registered or unregistered intellectual property rights such as title, company name, trademark, patent, logo, design, information and methods included in this Website belong to the operator and owner company of the website or to its designated related person and are under the protection of national and international law. Visiting this Website or benefiting from the services in this Website does not grant any right in respect of the referred intellectual property rights.
2.2. Information included in the Website can in no way be reproduced, published, copied, offered and/or conveyed. The entire or part of the Website cannot be used in another internet site without any permission.
3. Confidential Information
3.1. The Company shall not reveal to the third parties the personal information transmitted by the users through the website. Such personal information include all and any kind of other information oriented to the identification of the User, such as the name-surname, address, telephone number, mobile phone, e-mail address of the person and shall be briefly referred to as ‘Confidential Information’.
3.2. The User accepts and declares that it has approved that the company which is the owner of the Website can share his/her communication, portfolio status and demographic information with its affiliates or group of companies to which the company is bound, provided that the use of the same is limited to the use solely within the scope of introduction, advertisement, campaign, promotion, announcement and similar marketing activities. Such personal information may be used within the structure of the company so as to determine a customer profile, offer promotions and campaigns in compliance with customer profile and perform statistical works.
3.3. Confidential Information may be disclosed to governmental authorities only if such information is duly requested by the governmental authorities and where it is obligatory to make explanations to the governmental authorities under the provisions of the applicable mandatory legislation.
4. No Guaranty: THIS ARTICLE OF THE AGREEMENT SHALL BE VALID TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES RENDERED BY THE COMPANY ARE OFFERRED “AS IS” AND “TO THE EXTENT POSSIBLE” AND NO GUARANTY, EITHER EXPRESS OR IMPLICIT, LEGAL OR IN ANY OTHER NATURE, IS GIVEN BY THE COMPANY IN RELATION TO SERVICES OR APPLICATION (INCLUDING ALL INFORMATION INCLUDED THEREIN) ALSO INCLUDING ALL IMPLICIT GUARANTEES ON MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE OR NON-VIOLATION.
5. Record and Security
The User is obliged to provide accurate, complete and up-to-date record information, otherwise this Agreement shall be deemed to have been violated and the account can be closed without granting information to the User.
The User is responsible for the security of the password and account in the website and third party websites. The Company cannot be held responsible for the loss of data and security violations or damage of equipment and devices which will occur in the contrary cases.
6. Force Majeure
If the contractual liabilities cannot be performed by the parties due to the reasons beyond the control of the parties such as natural disasters, fire, explosions, civil war, wars, rebellions, civil commotions, declaration of mobilization, strike, lockout and epidemic diseases, infrastructure and internet breakdowns, power cut (hereinafter to be collectively referred to as “Force Majeure”), the parties are not responsible for such non-performance. The rights and liabilities of the Parties arising from this Agreement are suspended during such period.
7. Entire Agreement and Enforceability
If any of the provisions of this agreement partially or entirely becomes invalid, the remainder of the agreement shall continue to be valid.
8. Amendments in the Agreement
When the Company desires, it may, partially or entirely, change the services offered in the website and the conditions of this agreement. The changes will be valid as of the date the changes are published in the website. It is the responsibility of the User to follow up the changes. The User is deemed to have accepted also such changes by continuing to benefit from the services offered.
All notifications to be sent to the parties in relation to this Agreement shall be made through the known e-mail address of the Company and the e-mail address notified by the user in the membership form. The User accepts that the address specified by the same during the membership process is his/her valid notification address and in case of change of address, he/she shall notify the same to the other party in writing within 5 days, otherwise the notifications to be served to such address shall be deemed as valid.
10. Evidence Agreement
The books, records and documents as well as the computer records and fax records of the Parties shall be accepted as evidence under the Code of Civil Procedure No. 6100 in all and any kind of disputes that may arise between the parties in respect of the operations related to this agreement and the user accepts that he/she shall not object to the referred records.
11. Settlement of Disputes
Istanbul (Central) Courthouse Courts and Enforcement Offices shall have jurisdiction for the settlement of all and any kind of disputes that may arise from the implementation or construction of this Agreement.