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WEBSITE MEMBERSHIP AGREEMENT

Parties to the Agreement:

This Agreement is made by and between;

  1. a) TAN INVEST DIŞ TİCARET A.Ş. with a principal place of business residing at the address of  Başkule İş Merkezi, Göztepe Mah. İnönü Cad. No:122/D Kat:19 
    Mahmutbey - Bağcılar – İstanbul, which is the operator of the website at the address of www.bellamaison.com (hereinafter referred as "BELLA MAISON") and
  2. b) Internet user who subscribes in the website  bellamaison.com, residing at the address which will be indicated by member in the membership page of said website (hereinafter referred as "Member" or "Customer") under the following terms and conditions.
  3. Subject Matter of Agreement:

This Agreement sets out the services provided to, products offered for sales to customers and certain special benefits offered to members via website www.bellamaison.com for certain prices under defined terms and conditions.   

  1. Provisions of Agreement:
3.1. Nothing which are explicitly warranted in this agreement may be interpreted as if it would exist against Bella Maison.  Unless otherwise specified by Bella Maison, Bella Maison is entitled to claim the prices published in the website for the products and services being sold in the website.

3.2. This membership agreement shall not establish any material guarantee or obligation on the member.  Member shall only be obliged to pay the prices of the products and services he/she will order from the www.bellamaison.com and other related costs.   No guarantee shall be obtained from members for payment of a membership fee.

3.3. Member represents and undertakes that her own personal and other data that he/she provided while subscribing in the website www.bellamaison.com are true and correct under laws in force and shall indemnify the damages incurred by Gürsoy Tarımsal Ürünler Gıda San. ve Tic. A.Ş. due to such data turned out to be false and incorrect.

3.4. Member shall not disclose the password issued to him/her by www.bellamaison.com while subscribing in the website to other real or legal persons and the right to use said password solely remains with member. Bella Maison reserves her right to any kind of compensation and other claims arising out of the said unauthorized use against any responsibilities that may arise therefrom and any kind of claims and demands that may be asserted by third parties or public authorities against Bella Maison.

3.5. Member agrees and undertakes that he/she shall follow and shall not breach legislative provisions while making use of the services exclusive to the members of website www.bellamaison.com.  Otherwise, all legal and criminal obligations that may be instituted shall fully and solely rest with Member. 

3.6. Member may not use the website www.bellamaison.com and portal services in any way that may cause public order, be immoral, disturb and harass others, for illegal purposes, to infringe intellectual rights or copyrights of others, and may not offer services he/she is making use of to the use of 3rd parties, and may not engage in leasing or selling such services/products to 3rd parties.  Furthermore, member is forbidden to engage in activities (spam, virus, trojan, etc.) and actions that may prevent or obstruct others to use the services.

3.7. Ideas, comments and opinions as published, written, communicated by members in www.bellamaison.com are only the personal opinions of members and bind the holder of such opinion. Such opinions and ideas are no way of or related with Bella Maison.  Bella Maison is not responsible for and disclaims any responsibility for damages that may be incurred by third parties due to the ideas and opinions to be exchanged by member as well as damages that may be incurred by Customer due to the acts and actions of third parties while using the services.

3.8. Bella Maison shall not be responsible for unauthorized parties' access to member data and damages that may be inflicted on member's software and data. Member herewith agrees not to claim any indemnity from Bella Maison due to any damages that he/she may incur by the use of the website www.bellamaison.com and portal services.

3.9. Member agrees that she shall not access and use the software and data of other website users. Otherwise any kind of legal and criminal obligations arising thereof shall solely rest with customer.

3,110. The member who violates one or more of provisions hereunder shall personally be liable to criminal and legal consequences of such violations and shall keep Bella Maison harmless from legal and criminal consequences of such violations. Furthermore, if a legal action is taken due to such violation, Bella Maison reserves her right to claim indemnity from member due to her failure to observe the membership agreement.

3.11. Bella Maison has always at her sole discretion, right to and Member herein provides her acceptance to, remove the membership of member and delete files, documents and information of member, when and if necessary. Member herein agrees to accept the action defined hereunder.  In this case, Bella Maison shall have no responsibility.

3.12. Bella Maison does not guarantee under any circumstances that information provided in the website www.bellamaison.com shall be accurate, complete, adequate and up-to-date.  Under no circumstances, User may claim that information published at the website and/or portal services contain errors or he/she incurred damages due to these information.   Bella Maison may always change, modify, correct and/or remove information and/or portal services without any prior notification and/or notice.  Bella Maison has taken any kind of precautions in order to ensure that website and portal services do not contain errors.  Nevertheless, no guarantee is provided with respect to the existing or potential errors at the website.

3.13. Bella Maison, its Board Members, directors, employees, and personnel who prepares the information provided in the website and/or portal services shall not be held responsible for the any kind of damages including direct and/or indirect pecuniary and/or non-pecuniary, positive and/or negative, whatsoever arising out of access to website direct www.bellamaison.com or direct or indirect use of information published in the website or services.

3.14.  All materials and documents including but not limited to those published in the website www.bellamaison.com is exclusive property of Bella Maison, and the copyrights and/or other intellectual and industrial ownership rights in and to these materials and documents are protected by the laws, and these materials and documents may not be used, acquired and changed by member without permission.  Any other trademarks, marks and copyrights named in the website are property of their respective trademark owners or copyright holders and also protected under the intellectual property rights laws.

3.15.  Under no circumstances, materials and documents published in the website www.bellamaison.com may be changed, copied, reproduced and re-published by member by no means.

3.16. Bella Maison 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.bellamaison.com and/or as required under the legislation.

3.17. Bella Maison may use personal data of members in the works related to the personal preferences and interest areas of users in order to provide users better service, improve the products and services, to facilitate the use of the websites. Bella Maison reserve its right to record the movements of member while navigating the website www.bellamaison.com or while making use of the portal services.

3.18. Bella Maison may disclose personal data of member as mandated as a legal requirement or in the cases where she finds necessary under good faith (a) to follow the legal requirements or to comply with legal actions served to Bella Maison; (b) to protect and defend rights and title of Bella Maison and Bella Maison website. 

3.19. The necessary precautions are taken as far as current state of technology allows in order to ensure Bella Maison website is free of virus and similar malicious software. In addition, to ensure the total security, user is required to use her own anti-virus system and activate necessary protection. In this respect, by accessing to Bella Maison website, Member shall be deemed to have agreed any obligations related with any errors that may occur on her own software and operating systems and any direct or indirect consequences thereof shall solely rest with her.

3.20. Bella Maison reserves her right to change contents of website to change, terminate any service provided or product offered to users or delete user data and information recorded in the Bella Maison website, at any time.

3.21. Bella Maison may change, update or cancel out the conditions of membership agreement without any prior notice and/or notification in any way and manner. Every each provision so changed, updated or repealed shall apply to all members by such date of publication.

3.22. Parties agree and represent that all computer records of Bella Maison shall be taken as a basis as a sole and actual, final evidence according to provisions of Civil Procedures Law and said records constitute an agreement of evidence.
 
 
  1. Agreement Term and Termination:
This Agreement enters into force when Member agrees to be bound with it.  Agreements that are deemed to have been accepted by Member as it has been provided by Bella Maison to Member but not confirmed by Member shall not be binding on the Bella Maison. 
   
This agreement shall remain in force and effective until members cancels out her own membership or her membership is cancelled out by Bella Maison.  Bella Maison 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.
  1. Dispute Resolution:
Any disputes that may arise out of this agreement shall be submitted to the jurisdiction of Istanbul Central Courts and Enforcement Offices.
  1. Entry into Force:
Members 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. It suffices for member to confirm the Agreement electronically, no further signature shall be required.
  1. The website bellamaison.com owned by Bella Maison requests personal data of Members (name, age, interests, e-mail, etc.) in order to provide better services to the customers. In order to ensure maximum security of our customers who shop in our website, your credit card data requested in the payment page is not stored in servers of Bella Maison or companies providing service to it by any means. For such purposes, all payment transactions are ensured to take place between bank and your computer via interface ofwww.bellamaison.com owned by Bella Maison.
If membership address and password of the members is known and used by a third person, Bella Maison shall not be held responsible under any circumstances.  Member accepts that such information collected in the data pool may be stored and used for the purposes of preparation of periodical campaigns, setting up special promotional activities exclusive to customer profiles, and "classification" of customers for prevention of spam e-mails, and continuity of the advertising, promotions and marketing activities to be developed using personal data.

It is herein accepted that information provided by E-Commerce Customers of Bella Maison via online shops owned by patented brands of TAN İNVEST DIŞ TİC AŞ are their own personal data and consent is given to TAN İNVEST DIŞ TİC AŞ for exchanging such information with other legal persons participated in the online and physical shops owned by patent brands of TAN İNVEST DIŞ TİC AŞ in order to carry on sales and marketing activities and deliver notifications that suit to any means of communication.  

Bella Maison does not exchange data, it has collected via membership forms, with third parties, use or sell such data for commercial purposes other than its own activities without information or instruction of a member. 

The website www.bellamaison.com owned by Bella Maison interprets by itself or through others via analytics of actions and preferences of visitors while navigating the website other than e-mail addresses and personal data requested in the membership forms.  These statistical data which do not contain personally identifiable data may be exchanged with business partners of www.bellamaison.com in order to provide customers of www.bellamaison.com with a more personalized and effective shopping experience.

Customer data may only be disclosed to public authorities if they are requested by such authorities, or when our company is obliged to disclose such data to such authorities pursuant to applicable provisions of legislation.

Customer can only access the all data customer enters in the system and such data can only be changed by Customer. It is impossible for others to access and change such data. If membership address and password of a customer is known and used by a third person, Bella Maison and its patented brands shall not be held responsible under any circumstances.

Customers can unsubscribe easily and free of charge from the daily business e-mail delivery list by clicking the link "Please click if you do not want to receive campaign news." located at the bottom of the e-mails sent by www.bellamaison.com owned by Bella Maison, or the redirection link contained in the SMSs sent.

8- If any article or provision of this Agreement becomes invalid and unenforceable, other provisions shall remain in full force and effect.
Prepared by  T-Soft E-Commerce.