ARTICLE - 1 PARTIES
This User Agreement (hereinafter will be referred to as “Agreement”) is signed in digital form between Globalmarkets Dish Tijaret A.Sh., located in Chobancheshme block, Kalender str. No: 8/1 Yenibosna, Bahchelievler / Istanbul, Turkey (hereinafter will be referred to as Company), owner of the website www.asebutik.az , and user who is the member of the platform (hereinafter will be referred to Member). The Company and the Member shall hereinafter be referred to as ”Parties of the Company”.
ARTICLE - 2 SUBJECT OF THE CONTRACT
The subject of this Agreement is to determine the conditions of utilization and the service to be received by the Member on the Platform owned by the Company.
ARTICLE - 3 ESTABLISHMENT OF THE CONTRACT
a. THE MEMBER ACKNOWLEDGES THAT THE MEMBER IS READING, UNDERSTANDING THE RIGHTS AND OBLIGATIONS.
b. THE PARTIES ACKNOWLEDGE THAT THERE IS NO UNEMPLOYMENT BETWEEN THE CONTRACT AND THE PROVISIONS THAT MAY PROVIDE THE PROVISIONS OF THE JURISDICTION.
c. MEMBER ACKNOWLEDGES THAT THE TRANSACTIONS CONTAINED IN THE CONTRACT ARE SUITABLE FOR HIS OWN RIGHTS AND AGREE TO ANY CONDITIONS OF FREEDOM WITHOUT ANY TORTURE AND THREATENING.
d. THE PARTIES AGREE THAT THE PROVISIONS OF THE AGREEMENT HAVE NO REPRESENTATION THAT CAN BE DISCLAIMED TO AN UNAUTHORIZED DISCLAIMER, NOT AN UNEMPLOYMENT UNDER THE RIGHTS OF AUDIT.
e. THE CONDITIONS OF THIS CONTRACT DOES NOT INCLUDE ANY UNAUTHORIZED TERM IN ACCORDANCE WITH THE REGULAR PROVISIONS REGARDING THE REASON OF REASONATION IN THE CONSUMER AGREEMENTS. THE PROVISIONS ARE NOT INTEGRATED TO THE RULE OF INTEGRITY AND THE GOVERNMENT OF THE CONSERVATION OF THE CONSUMPTION AND THE CONSUMER IS PROVIDED IN ACCORDANCE WITH THE LEGISLATION OF THE CONSUMER.
f. THE TERMS OF THIS AGREEMENT IS PREPARED BY PURCHASING THE PROVISIONS OF TURKISH BORROWING LAWS. THE CONTRACTING AND CONTENT SUPERVISION PROVIDED IN ARTICLE 21 OF THE TURKISH OBLIGATIONS LAW HAS BEEN MADE BY MEMBER. ANY OF THE CONTRACT PROVISIONS ARE UNDER THE QUALITY OF THIS CONTRACT AND THE PROBLEM OF QUALIFIED CONDITIONS. THESE CONTRACT PROVISIONS ARE EXPRESSED AND UNDERSTOOD.
ARTICLE - 4 DEFINITIONS
“Service” means the service provided to enable Members to receive information about products and services for the purpose of selling online products to be made by the Company on the Platform.
“Official Authority” means any kind of judicial or administrative authority, official, semi-official or autonomous institution, organization, commission and board.
“Products” means the products offered for sale on the Platform.
ARTICLE - 5 MEMBERSHIP
1.Membership is earned upon completion of the membership procedures on the Platform (and upon the conclusion of this Agreement).
2. Members must be of full age.
3. Members are obliged to provide accurate, real and up-to-date information regarding membership transactions. The scope of this information is determined by the Company and may be changed if necessary, its scope may be extended. The person who does not want to give this information cannot become a member of Platform. The member must provide the information in the extended information list in order to continue its membership and update his / her information if any change occurs.
4. The Company may share the information of the Member with the relevant Authorities in order to fulfill the requirements of the regulatory authorities of the Official Authorities or the decisions of the judicial decisions and with the request. If a confidentiality decision of the relevant Official Authority is not available, the Member shall be notified of the transaction.
5. The Company may be used by the Company for the purpose of auditing the system's operability of the promotional and / or personal information provided by the Members within the scope of the Service and the preferences, agreements or disagreements they make while making use of the Service (and / or may process such information to the companies which have signed a confidentiality agreement with the Company) ; make evaluations and statistical studies and publicly announce them on the Platform.
6. In the event that Members use a nick name in receiving the Service, such a nickname cannot be contrary to the current legislation and morality; insulting, profanity, denial, humiliating, do not contain the words that hurt personal rights.
7. Members may opt out of membership at any time. In this case, the Member notifies the Company of the request to quit the membership through the Platform and ensures that necessary actions are taken to remove it from the membership. When these procedures are completed, the exit process is done. The termination of membership shall have no effect on the rights and obligations arising from the Contract until the date of withdrawal, and to the provisions which should remain in force in accordance with their qualifications even if the Contract is terminated (compensation, final provisions etc.).
ARTICLE - 6 RIGHTS AND OBLIGATIONS OF THE PARTIES
1. The Member declares and undertakes that the personal and other information he / she submits to the Platform is true and that such information will be compensated immediately and / or will be compensated immediately by the Member due to the fact that this information is unfair and / or not changed by the Member. . In addition, the responsibility of the Member is the responsibility of the Member to ensure that the payment transactions and delivery are not realized correctly within the scope of the wrong information given by the Member.
2. For the use of the Platform, the Member has the exclusive right to use the password received within the scope of the membership. Members cannot give this password to any third party. The Member shall be liable for all civil and criminal liability for the use of the password and the means of access to the system (user name, etc.) used to benefit from the Platform.
3. The Member agrees, declares and undertakes to comply with the provisions of all legal regulations and not to violate these provisions when using the Platform. Otherwise, all legal and criminal liability shall be fully and exclusively owned by the Member.
4. The Member may not use the Platform in any way to infringe public order, violate the general morality, annoy and harass the others, for an unlawful purpose, or to infringe others' ideas and copyrights. In addition, the Member may not engage in activities that prevent or hinder the security of the Platform or the software as well as prevent or prevent the use of services by others (spam, virus, trojan horses, etc.) and operations.
5. The Company will not be held liable for any damages that may be caused by unauthorized persons to use the Information and data of the Member and the information and data of the Member, despite the necessary information security measures.
6. The Company is not responsible for any direct or indirect damages that may be incurred by the use of the Platform by the Member.
7. The Platform may provide links to, or contain references to, other websites or applications that are not under the Company's control, which have not been established, operated or operated by the Company. The Company is not responsible for the content of other applications or websites or other links and / or references they contain or the products / services they provide. These links do not constitute a declaration or undertaking for the purpose of supporting the owner of the linked web site or the person who operates the site or any information, expression or image in the content. Likewise, the Company is not responsible for the products, services and other content advertised, promised by advertisements, promotions or banners in the Platform or linked via the Platform.
9. The Member may not transfer the user profile created by him to a third party or allow the third party to use it. Members may not assign their rights and obligations arising from this Agreement without the Company's consent. The Company may transfer its rights and obligations arising from the Agreement to third parties.
10. In case the Member violates the provisions of this Agreement, the criminal and legal liability arising from the violations shall be borne by the Member. The Member shall keep the Company free from all damages, lawsuits, claims and claims that may arise as a result of its violations. Also; the Company reserves the right to claim compensation from the Member.
11. The Company has the right to suspend or terminate the membership of the Member and to delete all the information, data, documents and files belonging to the Member at any time without having to undertake any liability unreservedly.
12. Copyright and / or any intellectual property rights relating to the content, design and software of the Site, as well as the content of the text, visual content and all other content, trademarks, logos, know-how, and other items within the Site are the property of the Company or licensed by the Company. used. They may not be used, acquired, altered, copied or reproduced in any way without the written permission of the Company. Any intellectual and industrial property rights and / or rights of any kind shall not be authorized by the Member to be used and accessible by the Member within the conditions to be provided by the Company under the conditions to be provided by the Company.
13. If the Company has to disclose personal information of the Member (a) in accordance with the applicable laws or regulations or a court order or administrative order issued and / or (b) the Member has the consent and / or (c) And / or (d) may be disclosed to third parties in accordance with the provisions of this Agreement, which are set out separately in this Agreement. The Company may review the Member's confidential information or mobile application records in order to access the information and documents requested for the investigation.
14. Measures have been taken to ensure that the platform is free from viruses and other similar software. In addition, in order to ensure final security, the Member must provide his own virus protection system and provide the necessary protection. In this context, the Member shall be deemed to have accepted that he / she is responsible for all errors (including, but not limited to spam, virus, Trojan horse) and their direct or indirect consequences which may occur in their software and operating systems by being a member of the Platform.
15. The Company reserves the right to change the scope of the Service, the content, design and software of the Platform at any time, to modify, discontinue or terminate any service provided to the Members and to delete the user information and data registered on the Platform at any time.
16. The Company may at any time update, modify or revoke the terms of this Agreement without any prior notice and / or warning. Any amendment that is updated, changed or repealed shall prevail for the Member on the date of publication.
17. The Company may send information and advertisements to the Member on the service introductions, advertisements, campaigns, benefits, surveys and other customer satisfaction practices within the scope of the applicable and / or applicable practices. Personal information and / or consumer behavior information that the Member has made in the past and / or in the future through the membership of the Platform and / or in other ways will be collected for the above purposes and may be used and archived by the Company. As long as the member does not inform otherwise, he / she agrees and declares that, to the extent permitted by the relevant legislation, allows the data to be collected, used by the Company for the purposes in this Agreement and archiving to the extent permitted by the relevant legislation. The Member agrees and declares that he / she will not make any claims for any damages due to the collection, sharing, use, archiving and access to the above mentioned information and shall not hold the Company responsible. If the Member wishes to change his data sharing preferences, he shall communicate this request to the Company in writing.
18. The Member is responsible for ensuring that network access is available to benefit from the Service. A member is aware that mobile network data can be used, messaging tariffs and rates may apply if a device with wireless internet access accesses the Platform or uses the Service. It is the responsibility of the Member to provide updates with the appropriate software and devices required to benefit from the Service and to keep the Platform up to date. The Company does not warrant that the Service or Platform it offers in any way will work with a particular device or software. The Member agrees that the Service and / or the Platform may be subject to malfunctions and delays due to the use of the Internet. The Company shall not be held responsible for any problems arising from the access to the Platform due to technical problems.
19. The records of irresponsibility for the Company under this Agreement shall also be infringed upon by the Company's employees and shareholders.
20. Without prior consent of the Company, the Member is prohibited from giving any links to any other website, the content of a website or any data on the network in any transaction to be made by the Member on the Platform.
21. The Member declares and accepts that he / she has read and informed about the specified basic features of the product sold on the website, the sales price including all taxes, the type of payment and the preliminary information about the delivery and has given the necessary confirmation regarding these matters in electronic environment.
ARTICLE - 7 PERSONAL DATA
Globalmarkets Dish Tijaret A.Sh. the personal data under the Act No. 6698 on the Protection of Personal Data (hereinafter will be referred to as “Act”) in accordance with the legal regulations in force. The information obtained in connection with the use of the website www.asebutik.az and the data provided by us, the collection and processing of the data and the type, degree and purpose of use are made under this article.
1. The website www.asebutik.az is operated by the Company. It is the responsible organization for the management of personal data of the Company Members. Information within the scope of this article is made under the Act.
2. We have taken technical and administrative measures to ensure that the Company and its employees and service providers perform their duties in accordance with the provisions of the Act and relevant legislation, and ensure that their confidentiality is strictly observed and that their personal data is used for the purposes specified in the Agreement.
3. Processing of personal data, obtaining, storing, changing, rearranging, explaining, transferring, taking of personal data as non-automatic means, as a part of any data recording system or completely automatic (cookies), any process performed on data such as making, classifying, or preventing its use.
4. The information you provide to us on the internet site, in addition to the information obtained through cookies and similar methods during your product and service purchases; our partners, affiliates, shareholders, business partners, successors, services and activities, in order to carry out ancillary services, we cooperate with program partner organizations operating in Turkey and abroad and other third parties (law and providing various products and services and providing all kinds of information and services to third parties / organizations that we will cooperate with, or including, but not limited to, our tax consultants, banks and independent auditors to provide services to you; for electronic and other commercial and social communications intended for promotional, sales, marketing and membership applications, indefinitely or in time with their nominees and successors, be stored in printed / magnetic archives, can be updated, shared, transferred and used in cases deemed necessary and processed in accordance with the personal data processing requirements and purposes specified in Articles 5 and 6 of the Act.
5. In addition to the information acquired during the membership and purchases of the Member's website and during the purchase of products and services, information obtained through cookies and similar methods, including the Company, itself and our current and future subsidiaries, affiliates, shareholders, business partners, successors, services and activities to cooperate with us to provide services to and from our partners, including, but not limited to, program partners and other third parties (law and tax advisors, banks, independent auditors) or service providers that we can do) and / or the provision of various products / services by third parties / organizations to identify them and all kinds of information, advertising, promotion, sales, marketing a and membership for electronic and other commercial-social communications for the purpose of, specified and successors indefinitely or in time foreseen with the time they can save, printed / magnetic archives can be stored, where necessary to update, share, transfer, transfer and use the law ' and personal data processing requirements and purposes.
6. These data may also be communicated to the competent authority and to the Courts when required by law.
7. Personal data belonging to the Members, to provide better service to the Members on the Company's website, to improve their services, to be used in marketing activities if you have given permission in this regard, product / service offer, all kinds of information, advertising-promotion, promotion will be able to use the sales, marketing and membership applications, modeling, reporting, scoring, and facilitating the use of the Platform, and with the consent of these Members in the development studies to be carried out by the Company or its affiliates for the interests and preferences of its users. The Company reserves the right to record the transactions of the Member on the Platform by cookies and similar methods. Personal information shared by the Company and the Member shall not be used for this purpose and shall not be shared with third parties. However, the personal data shall be shared with the competent authorities in accordance with the decisions taken by the competent authorities in accordance with the applicable legislation in accordance with the applicable legislation. By approving this Agreement, Members agree that the Company's personal information shall be used, stored and processed by the Company under these conditions, transferred to third parties at home and abroad and shared with the competent authorities in accordance with the applicable legislation.
8. If the website of the Company contains links to other websites according to the nature of the situation, we have no effect on the compliance of the operators of these sites with the data protection provisions. The Company is not responsible for the contents of the sites it links with links or similar methods (and the content of the other sites to which these sites link) and does not adopt the content of the sites it links to.
9. Members shall apply to the Company pursuant to Article 11 of the Act to find out whether their personal data has been processed, to ask for information if their personal data has been processed, to learn the purpose of processing their personal data and whether they are used in accordance with the purpose, know the third parties to which the data is transferred, request the correction of personal data if it is incomplete or misrepresented, request the deletion or destruction of personal data, request the correction of personal data, deletion or destruction of these data to the third parties to which the personal data is transferred, to object to the result of a person's self-analysis by means of systems, and to have damages due to the unlawful processing of personal data has the right to demand that the damage be remedied. Pursuant to Article 13 (1) of the Law, the Members may make a request for the exercise of their rights in writing, in writing or through other methods determined by the Board of Personal Data Protection. As the Personal Data Protection Board does not specify any method for the use of the relevant rights at this stage, you must submit your application in writing to the Company in accordance with the Act.
ARTICLE - 8 TERMINATION OF THE CONTRACT
1. Any Member and Company may terminate this Agreement at any time by giving notice to the other party.
2. So far; The termination procedure of the member is carried out by following the procedures of termination on the Platform. The termination of the rights and obligations arising from the Contract until the date of termination and the termination of the Contract, even if the qualifications must remain in force (damages, compensation, final provisions, etc.) has no effect on termination.
ARTICLE - 9 FINAL PROVISIONS
1. Governing Law: This Agreement is governed by the legislation of the Republic of Turkey and will be reviewed accordingly.
2. Jurisdiction: Istanbul Merkez (Çağlayan) Courts and Enforcement Offices are authorized to resolve all disputes arising out of or in connection with this Agreement.
3. Integrity of the Convention and its Annexes: The annexes of the Convention shall constitute an integral part of this Convention and shall not be construed as separate from each other.
4. Exclusive Evidence: The parties agree that the documents and electronic records of the Company in the case of disputes that may arise under this Agreement shall be exclusive evidence of such dispute.
5. Company Contact Information: Company's contact information is as follows:
Title: Globalmarkets Dısh Tijaret A.Sh. Company
Address: Chobancheshme Block. Kalender str. No: 8/1 Yenibosna Bahchelievler / Istanbul.
Phone: +90 212 444 39 39
Mersis number: 00396079285900001
6. Transactions on the Platform: Transactions carried out on the platform and the disclosure will be accepted as binding declarations of the Parties in accordance with the Turkish Code of Obligations, consumer legislation and other legislation in force.