Mesafeli Satış Sözleşmesi

I HAVE READ AND ACCEPT THE MEMBERSHIP AGREEMENT.
 
MEMBERSHIP AGREEMENT 
 
Before using the website with the extension https://designmixer.com.tr/("Website") , it is recommended to read this Membership Agreement ("Agreement") which includes the following terms, rules and legal responsibilities. 
 
If the terms and conditions stated are not appropriate for you, please do not use the Web Site. Using the Website and filling out the form containing your information means that you will be deemed to have accepted the terms written on these pages.
 
Tetracon Tekstil Dan. Dış tic Ltd Şti.(“ designmixer”) reserves the authority to update the content of this legal disclaimer page at any time and recommends its users to visit the legal disclaimer page every time they enter the Web Site.
 
Parties
1. DESIGNMIXER. operating in Zühtüpaşa Mah. Kördere Sok. Kurt Apt. No.17 / 4 kadıköy / İstanbul, which carries out the activities of the https://designmixer.com.tr/ Website
2. Internet user becoming a member to the web site https://designmixer.com.tr/ (“Member”)
 
Subject Matter and Establishment of the Agreement
 
The subject matter of this Agreement is to determine the terms of use and conditions of utilization of the Member from the Web Site. 
 
This agreement is established by entering the required Membership Information and the determinated password and by pressing the Sign Up / Register button after giving the necessary approval and / or permissions. We request that you enter your name, surname, e-mail address, mobile phone number and other mandatory information correctly, completely and without error, and if you notice an error, correct it immediately. You can correct deficiencies / errors you notice after the membership process is completed by entering the My Account section from the Member Login section or by contacting our Customer Service at (0216) 550 0081.
 
After your membership process is completed, this Agreement (as form-text) will be sent to the e-mail address specified in the Membership Information. In addition, this Agreement is also available as a form on our Site. A text "specific" to the member (with the information of the party entered) such as the contract text may not be stored separately in our Company's systems.
 
1. Rules on Usage and Security
 
1.1. The website is open to all members. Unless otherwise explicitly stated, the services provided on the Website are free of charge.
 
1.2. In the cases written below, the Website management may prevent the use of the Website by these Member / Members, reserving their legal rights about the person or persons involved in the said initiatives.
1.2.1. Registration on the Website, information that contains false, irregular, incomplete and misleading information and, information containing expressions that do not comply with general moral rules and information contradicts the laws of the Republic of Turkey
 
1.2.2. Copying all or part of the Web Site content without any consent,
 
1.2.3. The Member shall directly be responsible for any damages that may be caused due to sharing the usage rights and the information such as the user name or the password either given to the Member or defined by the Member himself/herself (due to such information being used by persons other than the member). designmixer reserves the right to claim any damage amounts or other requests against all claims and demands that may be brought against designmixer by third parties or competent authorities. Likewise, the Member may not use personal information such as an IP address, e-mail address or username belonging to another person on the internet, nor can it access or use any other person's private information without any consent. The Member shall be deemed to have accepted all kinds of legal and criminal liability that may arise due to such use.
 
1.2.4. Using software that will threaten the security of the Website and prevent the operation of the Website and the software used Conducting or attempting activities that will lead to the same result and collecting, deleting, changing information.
 
2. Use of Content
 
2.1. The visual and written content shown on the Website is for personal use. designmixer is the owner and license holder of all materials including all the domain names, logos, icons included in the contents of the Web Site, technical data presented in demonstrative, written, electronic, graphical or machine readable format, applicable sales system, business method and business model (“Materials”) and their respective intellectual and industrial property rights and is under legal protection. Unless otherwise stated, they may not be used for commercial or personal purposes without any permission or references. It is prohibited to publish any element under this Website on another platform or on another web site or provide any links without the written permission of designmixer. 
 
2.2. The right of the software used to design these pages and to create the database belongs to designmixer. Copying or use of the mentioned software is strictly prohibited.
 
2.3. All criticisms directed to the Web Site belong to designmixer and these may be used by designmixer for marketing purposes if desired.
 
3. Responsibilities
 
3.1. Members who visit the Website can open a User Account in accordance with this Agreement. For this, they need to enter their name, surname, contact information and this information is considered as "personal data" within the scope of the Personal Data Protection Law (PDPL) numbered 6698. In addition to this information, designmixer collects payment information such as credit card information to collect the price of the product purchased by the Member and address information to deliver the product. designmixer collects and transfers personal data in this way in order to perform the services specified under the Contract. The processing of this personal data is required in accordance with article 5/2 / c of the PDPL. This information is shared with the companies which designmixer cooperates with, in order to expand and improve the content, by means of adhering to confidentiality requirements. The purpose of this is to improve the experience of the users of the Web Site and to improve the Web Site.
 
3.2. After completing the necessary sections for registration, the user of the Internet Site may become a member of the Internet Site and enter into the Internet Site by entering the e-mail address, password and other requested information for membership to comply with the conditions set forth in this Agreement. 
 
3.3. The Member while using the Web Site and its services, agrees to abide by the LPPD, Turkish Penal Code, Turkish Commercial Code, Law on Intellectual and Artistic Works, Law on Industrial Property, Law on Protection of Trademarks, Design and Patent Rights, Regulations, Statutory Decrees and all other statutory regulations, Code of Obligations, provisions of other relevant legislation and all announcements and notifications to be published by designmixer on the Web Site related to the Services. Any legal, criminal, and financial liability arising due to any usage contrary to these notices and laws shall be assumed by the Member.
 
3.4. In the event it is detected that a Member does not comply with the obligations set forth in this Agreement or the general rules notified on the Web Site, the Member's use of the Web Site may be prevented by designmixer for a certain or unlimited period and/or the account may be terminated.
 
3.5. The Member shall not engage in any activity that prevents or complicates the use of the Web Site by other users and visitor and shall not attempt to force or lock down the servers or databases by installing automated software and shall not engage in cheating attempts. The Member acknowledges that in the case he/she acts in such behaviour, his/her membership shall be terminated and that all legal and penal liability to arise shall be assumed by his/her side.
 
3.6. The Member agrees that the files, information and documents ready for download and/or sharing may not be free of any viruses, worms, trojan horses, dialer software, spam, spyware or any other malicious and harmful codes or materials and that designmixer does not provide any guarantees in these respects. It is solely the responsibility of the Member to meet, maintain and update all software and hardware requirements for the prevention of such malicious and damaging software, codes or materials, the correctness of the data input and output or the recovery of any missing data. designmixer shall not be responsible for any damages the Member or third parties may suffer from such malicious software, codes or materials, data errors or losses.
 
3.7. It is the responsibility of the Member to obtain a backup of the messaging made with the Web Site and this is recommended by designmixer and designmixer cannot be held responsible for the loss, deletion or damage of such messaging due to not taking the backups.
 
3.8. The Member may not delete or remove any marks, texts, symbols or notes that may have considered to be within the scope of the Copyright, Trademark and all Intellectual and Artistic Works Act on any material copied from the Web Site or printed therefrom. Otherwise, the rights of designmixer arising from the provisions of the relevant legislation shall apply.
 
3.9. The member can cancel the membership and delete the account by making a request on the Website. The authorization of the Member, whose membership has been terminated, to access the Web Site shall be cancelled. The Member who has terminated his/her membership agrees that this is an irrevocable transaction.
 
3.10. The relationship between the Web Site users or their relationship with third parties is under the responsibility of the persons. Links to other websites and/or other content not under the control of designmixer and owned and operated by third parties may be provided over the Web Site. These links do not bear an objective to support the person administrating any web site or that web site and does not provide any kind of representation or guarantee for the information contained therein. designmixer shall have no responsibility whatsoever about the websites and contents accessed through the links on the Web Site and any damages that may be caused by the use of these web sites shall be under the responsibility of the Member. designmixer may bind the access to such linked websites to its own written consent whereas it will be able to disconnect the access to the links that will not be deemed appropriate by its side.
 
3.11. The Member acknowledges that designmixer shall have the right to use all information related to the Member's user account, subject to the terms of use, privacy principles, permissions received from the Member under the LPPD and by adhering to the valid legal regulations. The account and terms of use of the Member are defined solely by the Member and are solely owned by the Member. The Member acknowledges and agrees that he/she permits the use and archiving of the personal information and shopping information and/or shopping and/or consumer behaviour information to be provided to the Web Site in the future for the above-mentioned purposes provided that such information is in compliance with and limited with the periods and purposes stipulated by law. If the legitimate purpose is ceased or upon the request of the Member, the personal data contained within designmixer shall immediately be deleted, destroyed or made anonymous. The personal information to be provided by the Member to designmixer shall be kept confidential and shall not under any circumstances be shared with other persons and institutions not affiliated with designmixer and only be used pursuant to defining the member account in the most secure way on behalf of the Member and for the services to be provided in the most secure manner and for notifying the Member of the campaigns and notices comprising new advantages and privileges besides the fashion trends as well as the new products through commercial electronic messages and other communication tools if the Member wishes to be notified about the campaigns of designmixer by ticking the box on the Membership form. If the member wishes to discontinue the use of the user account defined by his/her side, designmixer shall have the right to demand the suspension of the user account identified in the contact information. At the same time, the Member shall at any time be entitled to terminate/object to any contact to be made by his/her side and receive any deliveries related to campaigns and announcements through electronical messages without shoeing any grounds either by calling the XXXXX visiting the nearest designmixer store or with the written notice he/she shall make to the e-mail address tijen@designmixer.com.tr.
 
3.12. Different parts of the Web Site can be specified with different rules and obligations for that certain section. In the event that a Member uses the part in accordance with the information provided to him/her in respect of those parts, the Member shall be deemed to have accepted the rules set forth in that certain Part.
 
3.13. The Member acknowledges that he/she shall be deemed to accept all the terms and provisions of this Agreement from the date on which he/she has started to benefit from the services and that the Agreement shall take effect and be binding regarding the Member himself/herself. The Member agrees to indemnify designmixer for any and all damages incurred by designmixer due to the acts contrary to his/her obligations under the Agreement. designmixer shall have the right of recourse against the Member for all kinds of compensation and/or administrative/judicial penalties which designmixer may have to pay to the public institutions and/or third parties due to the Member's actions contrary to the Agreement.
 
3.14. designmixer shall not be responsible for any direct or indirect damages that may arise pursuant to the breach of the Agreement, tortious act or other reasons due to the access to the Web Site and the use of the Web Site or information under the Web Site as well as other data and software. designmixer shall not accept any responsibility for the interruption, error, neglect, disconnection of the transaction as the result of breach of the Agreement, tortious act, negligence or other reasons. It is hereby acknowledged that designmixer has been released of any responsibilities and any damage and claim rights including court expenses and other costs which may arise as the result of the access to the Web Site or other linked web sites or due to the use of the Web Site or as the result of the Member's use/visit of the Web Site.
 
4. Right and Obligations of designmixer
 
4.1. designmixer acknowledges and undertakes that the Member will benefit from the services subject to this Agreement except for technical failures, and that the information other than the personal information shared by the Member will not be shared with third parties or organizations except for legal obligations. designmixer reserves the right to search and reveal the identity information of the relevant member, in the event that it is determined that the Member caused any electronic sabotage, attempts to intervene in profits and / or an attack that would hinder the operation of the Website, or a criminal complaint or official investigation claim request from the official authorities against the Member,
 
4.2. designmixer, without any notification, may unilaterally make amendments to this Agreement in order to ensure the sustainability of the services. designmixer shall at all times be entitled to unilaterally cease the service provided by its side permanently or temporarily or change or cancel the contents of such service without any justification. In case of any changes, designmixer will publish the updated terms of use on the website under the same link with a new date update, and if deemed necessary, it will notify its users by commercial electronic message. The updated terms of use will be effective as of the date of publication on the Website and the use of the Website or the services shall be subject to the renewed terms of use from that date on.
 
4.3. The membership of the Member who has submitted materials to the Web Site contrary to the provisions of this Agreement may be terminated unilaterally by designmixer without serving any notifications.
 
5.  Enforcement of the Agreement
 
5.1. From the moment the member completes and approves the registration form or receives any service or orders using this system, it is deemed to have committed to comply with this Agreement. This Agreement will automatically terminate without any notice, either by cancellation of the membership or by the occurrence of any of the cases subject to termination listed under this Agreement. 
 
5.2. This Agreement will remain in force until the Member cancels his/her membership or the membership is cancelled by designmixer. In case the Member violates any provision of the Agreement, designmixer may terminate this Agreement unilaterally by canceling the membership of the Member.
 
5.3. This Agreement can be terminated at any time by the unilateral notification of each party to the other party.
 
6. Security, Privacy, Personal Data, Electronic Communications and Information Regarding Intellectual and Industrial Rights
 
The protection, privacy, processing, use and communication of information on the Web Site shall be governed by the confidentiality rules, policies and conditions, the prevailing principles of which are set out below in other respects.
 
6.1. The measures required for the security of the information and transactions entered to the Web Site by the Member have been taken in the system infrastructure of designmixer in accordance with the nature of the transaction and to the extent allowed by the technical opportunities. Because the information is entered from the Member's device, it is the responsibility of the Member to take the necessary measures, including those related to viruses and other harmful applications, so that the information is protected by the Member and cannot be accessed by irrelevant persons.
 
6.2. All intellectual and industrial rights and property rights related to the information and content regarding the Web Site as well as their arrangement, revision and partial or full use, except for those owned by other third parties as per the agreement by designmixer are owned by designmixer.
 
6.3. designmixer reserves the right to make any changes to the above stated issues and for the issues deemed required by its side to the extent allowed by the relevant legislation.  These changes will be effective from the time designmixer announces them through the Web Site or by other appropriate means.
 
6.4. The privacy, security policies and terms of use of the other sites that are accessed from the Web Site shall be valid and designmixer shall not be responsible for any disputes and the negative consequences that may arise accordingly.
 
 
 
7. Notification Addresses
 
7.1. The Web Site does not require the Members to give any postal addresses in the first place. However, the e-mail address notified by the user to the Web Site shall be deemed as the electronic mail to be required as a legal address for any notices to be served regarding the Agreement.
 
7.2. The Parties agree that the notices to be made to their former electronic mail shall be valid and deemed to have been made to their side, unless the parties notify the other party in writing of the changes in the existing electronic mail within three (3) days.
 
7.3. Again, any notices to be served by designmixer by using the registered e-mail address of the Member will be deemed to have received by the Member 1 (one) day after designmixer has sent such notice. The Member represents, agrees and undertakes that he/she has read, understood, acknowledged and has consented to the accuracy of the information provided by his/her side in respect of all the articles contained in the present Agreement.
 
8. Force Majeure
 
Force Majeure is an event that is beyond the control of the party, that cannot be foreseen or that cannot be prevented even if it is foreseen, and that will prevent the relevant party from fulfilling its obligations under this Agreement, such as warfare, invasion, mobilization, natural disasters.
designmixer shall not be liable for late performance or non-performance of any of its acts set forth in this present Agreement, in all cases listed above and in all other cases legally deemed as force majeure. Such situations will not be deemed as delay, incomplete or non-performance or default of its acts for designmixer, or designmixer will not be liable for any compensation for these situations.
 
9. Applicable Law and Competent Court
 
The disputes to arise from this Agreement shall be governed by the Turkish Law and Istanbul Central Courts and Execution Offices shall be competent accordingly.
 
You can contact our company for additional information.
 
Our members can report their requests and complaints to our Company through the following communication channels:
 
Address: Zühtüpaşa Mah. Kördere Sok. Kurt Apt. No.17 / 4 Kadıköy / İstanbul
Website: www.designmixer.com.tr
Tel / Fax: 0532 2737216 / 0216 550 0082
E-mail: tijen@designmixer.com.tr
 
We are pleased to receive all kinds of applications, justified demands and complaints of our members. If not possible, within the legal monetary limits, you can apply to the Provincial and District Arbitration Committees and Consumer Courts in your residential area.
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