1. The Parties
a) This Maison
Membership Contract (the ''Contract'') has been concluded between TAN INVEST DIŞ
TİC.AŞ, which is the owner of the website www.bellamaison.com
and which is located at the address of Esentepe Mah. Ecza Sok. Safter İş
Merkezi No:6/1-2 34294 ŞİŞLİ / İstanbul (hereinafter referred to as "BELLA
MAISON") and the internet user who becomes a member of the website
www.bellamaison.com (the ''MEMBER'') on the date of {date}.
2. Subject of the Contract
The subject matter of this Contract is to determine
the terms of utilization and use of the website www.bellamaison.com, which is
owned by BELLA MAISON, by THE MEMBER.
3. Rights and Obligations of the Parties
3.1. THE MEMBER hereby accepts and undertakes to comply with all legal
regulations and not to violate such provisions while using the
www.bellamaison.com website. THE MEMBER shall be fully and exclusively
responsible for all civil and criminal obligations that will arise from this
violation.
3.2.THE MEMBER shall
not engage in activities (spam, virus, trojan horse, etc) and transactions that
prevent or make it difficult for others to use the services on the website
www.bellamaison.com.
3.3. THE MEMBER shall
not use the website - www.bellamaison.com - in any way that disrupts public
order, violates public morality, disturbs and harass others, infringes on the
intellectual and copyright rights of others, and for any unlawful purpose.
3.4. The ideas and
thoughts expressed and written by THE MEMBERS and the expressions used on the
website www.bellamaison.com are exclusively the personal opinions and comments
of THE MEMBERs and only THE MEMBER shall be responsible for the results of
these ideas and comments. These opinions and thoughts do not have any
relationship with BELLA MAISON. BELLA MAISON shall not be held liable for any
damages that may be incurred by third parties or institutions due to the ideas
and opinions expressed by THE MEMBER or for the damages that may be incurred by
THE MEMBER due to the ideas and opinions expressed by third parties or institutions.
3.5. THE MEMBER hereby
declares and undertakes that the personal and other information he/she has
provided while becoming a MEMBER of the website www.bellamaison.com is true and
correct and that he/she shall indemnify all damages incurred by BELLA MAISON at
once and in cash in case that the information provided by him/her was not real.
3.6. The right of
MEMBER to use the password obtained from the BELLA MAISON website shall belong
exclusively to THE MEMBER. THE MEMBER shall not share this password with any
third party. All legal and penal responsibility regarding the use of the
password shall belong to THE MEMBER.
3.7. BELLA MAISON shall not be held responsible for the acquisition of
MEMBER data by unauthorized persons and for damages that may occur to MEMBER
software and data. THE MEMBER hereby agrees in advance that she/he shall not
demand compensation from BELLA MAISON for any damage she/he may incur due to
the use of the website www.bellamaison.com.
3.8. THE MEMBER has
agreed not to access or use the information and software of other internet
users without permission. Otherwise, the legal and criminal liability that will
arise for this reason shall rest entirely with THE MEMBER.
3.9. THE MEMBER hereby
accepts and undertakes that she/he shall be held responsible for all damages
that may arise as a result of violating one or more of the articles listed in
this Contract and that he/she shall indemnify against and keep BELLA MAISON
free from all damages, lawsuits, demands and claims that may arise due to this.
3.10. BELLA
MAISON shall always have the right to unilaterally suspend or terminate THE
MEMBERSHIP of any MEMBER without any responsibility, and to delete all data,
documents and files belonging to any MEMBER.
3.11. All
intellectual property rights regarding the design and software of the website
www.bellamaison.com and the text and visual content of the products shall be
the exclusive property of BELLA MAISON and they shall not be used by THE MEMBER
unless the prior written consent of BELLA MAISON has been obtained.
3.12. Some
information such as the name and Internet Protocol (IP) address of the Internet
service provider used to access the site, the date and time the Site was
accessed, the pages accessed while on the site, and the Internet address of the
Website that provides direct connection to the site may be gathered by BELLA
MAISON for the improvement and development of the website www.bellamaison.com
and/or in accordance with the legal regulations.
3.13. BELLA
MAISON shall be entitled to reach THE MEMBER for communication, marketing,
advertisement, promotion, notification and other purposes by means of letter,
e-mail, SMS, phone call and other means via the address, e-mail address, fixed
and mobile phone lines and other contact information filled out by THE MEMBER
in the registration form on the site or mobile application or updated by
her/him at a later date. By accepting this Contract, THE MEMBER accepts and
declares that BELLA MAISON may engage in the above-mentioned communication
activities, unless there is a written notification issued by her/him to the
contrary. By approving this Contract, THE MEMBER accepts that all information
shared with BELLA MAISON belongs to him and approves that this information may
be shared with its business partners and other legal entities within its body
in order to carry out sales and marketing activities and to provide
notifications which are suitable for all kinds of communication tools. BELLA
MAISON shall reserve the right to keep records of THE MEMBER's actions on the
website www.bellamaison.com.
3.14. THE MEMBER
accepts and declares that it allows delivery of announcements and information
to itself about products and service promotions, advertisements, campaigns,
advantages, surveys and other customer satisfaction applications of brands
BELLA MAISON and TAN INVEST DIŞ TİC AŞ under the umbrella of applications that
are already in force and/or that shall enter into force in the future. THE
MEMBER accepts and declares that it allows collection of personal information
that was given to BELLA MAISON by THE MEMBER during the creation of a
membership, shopping and/or consumer behaviour information for the
above-mentioned purposes; plus, it allows BELLA MAISON to use and to archive
such information. Unless otherwise is stated by the MEMBER, THE MEMBER accepts
and declares that it allows collection of its information even after the
termination of its membership; plus it allows BELLA MAISON to use and archive
such information. THE MEMBER accepts and declares that it shall not claim BELLA
MAISON for direct and/or indirect, tangible and/or intangible, positive and/or
negative damages, in other words for any kind of damages due to collection,
disclose, use, archiving and access of/to the above-mentioned information. If THE MEMBER wishes to change its
data-sharing preferences, it can request it from BELLA MAISON's Customer
Service Call Centers.
3.15. BELLA
MAISON can disclose the personal information of THE MEMBER to third persons a)
in cases, where disclosure of the personal information is required according to
an administrative order, a court decision, applicable laws or regulations, b)
in cases that are mentioned in Article No 3.13, c) in cases, where the MEMBER
has its consent.
3.16. Measures
are taken in order to ensure that the BELLA MAISON Website is free of viruses
and similar software. In addition, in order to ensure ultimate security, the
user must supply his/her own virus protection system and provide the necessary
protection. In this context, upon entering the BELLA MAISON Website, the MEMBER
shall be deemed to have accepted that he/she is responsible for all faults that
may occur in his/her own software and operating systems and for relevant direct
or indirect consequences.
3.17. BELLA
MAISON has the right to change the content, design and software of the site at
any time, to change, stop or cease any service provided to the users, and to
delete the user information and data registered on the website at any time.
3.18. At any
time, BELLA MAISON shall have the right to update, amend or revoke the terms of
this Contract without the need for prior notice and/or warning in any form or
shape. All updated, amended or repealed provisions shall be valid for all
MEMBERS at the date of publication.
3.19. According
to this Contract, BELLA MAISON is authorized to send Notification E-Mails to
the registered e-mail addresses of its MEMBERS (registered in the database of
BELLA MAISON) and Notification SMS to their mobile phones (registered in the
database of BELLA MAISON). By Confirming this Contract, THE MEMBER shall be
deemed to have consented to the delivery of the Notification E-Mails to the
e-mail addresses and the delivery of Notification SMSs to the mobile phones. In
the event that THE MEMBER wishes to unsubscribe from E-Mail and/or SMS, then, THE
MEMBER shall be able to cancel the E-Mail and/or SMS Subscriptions by sending
his/her request to BELLA MAISON Customer Service. Provisions mentioned under
the roof of Article No 3.13. are reserved.
4. Termination of the Contract
Either party may terminate this Contract at any time
by giving unilateral notice to the other party.
5. Settlement of Disputes
This Contract shall remain in force until THE MEMBER
cancels his MEMBERSHIP or her/his MEMBERSHIP is cancelled by BELLA MAISON.
BELLA MAISON may terminate the Contract unilaterally by cancelling THE MEMBER's
MEMBERSHIP in the event that THE MEMBER violates any provision of the
"membership Contract".
Istanbul Central Courts and Enforcement Agencies shall
be authorized to resolve any and all disputes related to this Contract or
arising out of this Contract.
6. Validity
THE MEMBER's registration as a MEMBER takes place
after THE MEMBER reads and accepts all the articles stipulated in this
Contract. This Contract was concluded and entered into force at the time of
MEMBERSHIP of THE MEMBER.