This agreement is concluded on the date of 01.03.2018 by and between
Prive Tekstil San. Dış. Tic. Ltd. Şti. (“COMPANY”) located at Cumhuriyet Mah. Silahşör Cd. Ada İş Merkezi No: 67 K: 3 Şişli/İSTANBUL
persons who are registered to eu.toucheprive.com website in accordance with this agreement (“USER”)
on the following terms and conditions.
The COMPANY and USER hereinafter are collectively referred to as “Parties” and individually as “Party”.
2. SUBJECT AND PURPOSE OF THIS AGREEMENT
Subject of this Agreement is to determine the rights and liabilities of the parties in regard with the shopping of USER/s at the website eu.toucheprive.com(“Website”) owned by the COMPANY.
3. USAGE AND PURPOSE OF THE WEBSITE
- Website provides retail sale of women clothes in conservative and modern designs.
- USER shall have the ability to create a user profile, to shop at the website by determining a user name and password during membership and signing in at the website.
- Membership shall be completed by issuing the required identity information to register to the website at the related part of the Website.
- Eligibility for membership to the Website requires that the person is not temporarily removed from membership or permanently prohibited from membership and being of the lawful age. Completion of the Website registration process by any minors or a person who is temporarily removed from membership or permanently prohibited from membership would not result in having the attributes of a USER as a member of the Website.
- USER agrees that he/she/it has read, understood the agreement and is aware his/her/its rights and responsibilities.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
USER’S RIGHTS AND OBLIGATIONS
- USER hereby agrees by agreeing to the Agreement to act in compliance with any statements announced by the COMPANY in connection with use of and membership of the Website, which are available on the Site.
- USER agrees and pledges irrevocably to meet any financial, technical and administrative obligations specified in the agreement and annexes hereto and observe any amendments and additional provisions unilaterally made and introduced by the COMPANY subsequently as well as any rules and principles to be imposed by the COMPANY or the COMPANY management.
- USER is solely responsible for security, storage and use of tools (user name and password, etc.) for access to the system including measures to keep them confidential against Third Persons, which are used for the purpose of being able to use services offered by the COMPANY. USER hereby agrees, declares and pledges that the COMPANY has no direct or indirect civil, criminal and administrative liability for any damages which may be suffered by the USER and/or Third Persons due to the USER’s neglect and faults over issues such as security and storage of tools for access to the system including non-disclosure thereof to any Third Persons.
- USER hereby agrees, declares and pledges that any information and contents provided by the USER on the Website are correct and legal. The COMPANY is not obligated to investigate the correctness of information and contents uploaded, modified or provided by the User to the COMPANY or uploaded by the USER via the Website and pledges and guarantees that such information and contents are secure, correct and legal nor is it liable for any damages arising from such information and contents being wrong or erroneous. In cases where the COMPANY is damaged due to any of such issues expressly excluded by this provision from its scope of liability, the COMPANY recourses to USER for any damages including any additional damages thereof.
- USER may not, without the COMPANY’s written approval, transfer his/her/its rights and obligations hereunder to any Third Persons in part or in whole.
- USER may conduct operations on the Website only for lawful purposes as they benefit from and use the services offered by the COMPANY and the Website. USER has sole liability for civil and criminal consequences of any operations and acts conducted by the USER on the Website. USER hereby agrees, declares and pledges that USER may not use, reproduce, copy, distribute and process any pictures, texts, audio and visual images, video clips, files, databases, catalogues and lists in such a manner infringing upon the rights of any other Third Persons whether in kind or personal and Third Parties assets and compete with the COMPANY through such acts or any other means directly or indirectly. The COMPANY may in no way be held liable, directly or indirectly, for any damages incurred or to be incurred by Third Persons due to USER’s activities on the Site contrary to the provisions of the Contract and/or law; Otherwise, the COMPANY reserves the right to have recourse to the User.
- USER hereby agrees, declares and pledges that the COMPANY may share USER‘s information of such users qualified to participate in sweepstakes as part of any sweepstakes organized by the COMPANY on the Website, if any, with persons and entities involved in campaigns and sweepstakes and that USER shall not claim any damages from the COMPANY consequently.
- USER hereby agrees, declares and pledges not to make any operations ensuring fund transfers to their memberships or between the memberships of their acquaintances and engage in any misconduct which would manipulate the operation of the Website, otherwise to indemnify the COMPANY for any damages arising thereof.
- The COMPANY holds exclusive title to any intellectual property rights for the Site (information, articles, pictures, trademarks, models, slogans and other signs, page layouts, etc., available on the site). Partial or full reproduction, modification, dissemination, transmission whether online or through other media, distribution and sale of any information and any other similar elements on the Website having the quality of intellectual property would be an express and definite violation of laws regarding protection of industrial and intellectual property rights and be subject to civil and criminal sanctions thereof. Mentioned activities shall be conducted under the related country’s laws and regulations.
COMPANY’S RIGHTS AND OBLIGATIONS
- The COMPANY may, at any time, modify and/or adapt the Services to ensure that USER is able to achieve businesses and operations defined in the agreement more effectively. The rules and conditions USER is obligated to observe in connection with such modifications and/or adaptations by the COMPANY are communicated to the User via the Site.
- The COMPANY reserves the right to change the Services and contents offered on the Site at any time and close and delete information and contents uploaded by USER on the system for access of the USER and Third Persons. The COMPANY may exercise this right without prior notice and duration. USER must immediately meet any changes and/or corrections which may be required by the COMPANY. Change and/or correction requests issued by the COMPANY may be fulfilled by the COMPANY directly where deemed necessary. urgently is solely liable for any damages and civil and criminal liability which may arise from USER’s failure to respond to the COMPANY’s requests for changes and/or corrections in time.
- The COMPANY, through the Website, may provide links to any other websites and/or portals, files or contents owned and managed by Third Person operations, providers and other Third Person and are not controlled by the COMPANY. These links are provided by the COMPANY solely for convenience of reference for USER and do not bear the meaning of support for the websites or manager of the websites and also warranty or statement towards the websites or the information contained in the websites. The COMPANY has no liability for the services or Products offered through these portals, websites, and files accessed via the links on the site or websites accessed via these links or their contents.
- The COMPANY is entitled to communicate with USER via any of the communication channels notified by USER for informative notifications in connection with the Site and/or the COMPANY at the COMPANY’s discretion. This issue is hereby agreed by the User.
- Commercial communications regarding campaigns, discounts, sweepstakes, promotions and new products in connection with the Site and/or the COMPANY may be sent with your confirmation on the order process which can be rejected later on.
5.AMENDMENT TO CONTRACT
The COMPANY may, at its sole discretion and unilaterally, amend this User Agreement and annexes thereto at any time of its free choice by communicating the same on the Site. Amended provisions of this agreement shall be effective from date of communication thereof; the remaining provisions shall remain in effect, continuing to have the same force and consequences. This User Agreement may not be amended upon the USER’s unilateral statement.
6.TERM AND TERMINATION OF THE CONTRACT
- The agreement is hereby executed for an unlimited term and remains in force, continuing to impose its provisions and consequences on the Parties unless terminated by the COMPANY under this Article 7 and the USER’s Site Membership continues; it shall be deemed as having automatically expired upon expiration of the USER’s membership term or temporary or permanent discontinuation of membership.
- The COMPANY may unilaterally terminate the agreement and the USER shall be obligated to indemnify the COMPANY for any damages incurred on the ground of termination in cases where USER violates this agreement and/or similar rules on use, membership and Services included on Website, engages in fraud and misconduct which would inflict damages on the COMPANY or Third Persons including without limitation any incidents contrary to contract and law.
- USER shall be entitled to claim any rights or compensation in the event that the COMPANY terminates his/her/its membership status or his/her/its membership status ends.
7.FORCE MAJEURE AND CONTINGENCIES
- Definition: For the purposes of this agreement, the terms, “Force Majeure” and “Contingencies”, refer to such an incident occurring beyond reasonable control of either Party and making performance of obligations by the relevant Party or making such performance so difficult to be achieved under current circumstances or preventing such performance thereof from being achieved in the designated performance time limit.
- Some “Force Majeure” and “Contingencies”: The incidents of “Force Majeure” and “Contingencies” include the following without limitation:
- War, martial law, natural disasters, economic crisis, strikes, lockouts, epidemics, earthquake, revolution, radioactivity contamination, similar incidents of nature which are of unpreventable nature including such conditions considered “Force Majeure” and “Contingencies” by law
- Any decisions of courts or any other administrative authorities stopping THE COMPANY operations and activities.
- Effect on the Agreement: Upon the occurrence of “Force Majeure” or “Contingencies”, the Parties shall be exempt from their obligations and not be considered liable for delays in their obligations or non-performance thereof and shall not be in default pursuant to the agreement. In case of occurrence of such situations, the agreement shall be suspended until such “Force Majeure” or “Contingencies” are eliminated and the Parties shall not be held liable for non-performance of their obligations and contractual requirements under this contract and any time limits in this agreement shall be extended for such duration.
- Termination of the Agreement: In cases where the COMPANY’s failure to meet its obligations in this Contract lasts for more than 30 (thirty) business days, either Party may terminate this Contract if it so elects.
- Compensation: The Parties hereby agree, declare and pledge irrevocably that upon cancellation or termination of the Contract due to Force Majeure and/or Contingencies, the COMPANY shall not be liable and that in such a case, the Parties shall not claim any rights such as compensation, loss of profit and any other reasons against each other.
Notices and other communications to be served according to this agreement shall be sent by hand delivery, fax, e-mail or certified mail to:
|If totheCOMPANY Cumhuriyet Mah. Silahşör Cd. Ada İş Merkezi No: 67 K: 3 Şişli/İSTANBUL address and/or |
‘firstname.lastname@example.org’ e-mail address
|If to USER [(user’s full name)] |
[(user’s address)], and/or [(user’s phone)] number, and/or
[(user’s e-mail address)] e-mail address
Notices and/or warnings shall be effective from the date when they are considered having been served as per Turkish Laws.
9. APPLICABLE DISPUTE LAW AND DISPUTE RESOLUTION
Istanbul (Center) Courts and Execution Offices have the sole jurisdiction over any disputes and disagreement which would arise from and in connection with this Contract regarding interpretation and execution hereof including its existence and validity and the provisions of the Consumers Law, Obligations Law and any other legislation of the Republic of Turkey apply for any situations not stipulated herein.
10. OTHER PROVISIONS
- Confidentiality: The User hereby pledges not to disclose and divulge any information it may obtain as a result of negotiation, issue and performance of this agreement without the prior written consent of the COMPANY. USER hereby pledges particularly not to disclose any articles or terms mutually agreed herein to Third Persons. The exclusion from this provision is such disclosure upon requests of governmental bodies and/or fulfillment of administrative obligations and the COMPANY is entitled to use in its publications general information such as sex, age and educational status without revealing the User’s Name and Surname in its announcements such as general statistical data. The User hereby agrees to this issue expressly.
- USER’S Personal Data: USER agrees and undertakes that he/she/it is aware of the details related to the processing stated at the personal data information text located at the Website of the COMPANY.
- Severability: The provisions of this agreement are severable and in cases where any of its provisions are ruled invalid or cancelled or found unenforceable, this shall not affect the validity of other Articles of the Agreement.
- Waiver: Non-exercise or late exercise by the COMPANY or USER of any rights, powers or privileges regulated hereunder shall not be construed as a waiver thereof and single or partial exercise of any rights, powers or privileges shall not prevent the exercise of any other or further rights, powers or privileges.
- Stamp Tax: In cases where Stamp Tax is due and payable on this agreement, it shall be paid by USER. Upon payment of Stamp Tax by the COMPANY, it reserves the right to have recourse to USER for recovery.
11. FINAL PROVISION
Once USER confirms the agreement and completes membership procedures, USER is considered as having agreed to any terms of the Contract. USER hereby agrees and pledges that he/she/it has fully read, understood and agreed to any articles contained herein and approves correctness of information provided by himself/herself/itself about himself/herself/itself.