Membership Agreement
The parties
This membership agreement has been mutually accepted and entered into force with the electronic approval of the "Member" while becoming a member of www.mydreamscollection.com.tr (hereinafter referred to as the "site") and www.mydreamscollection.com.tr.
By giving electronic confirmation while becoming a member of the Site, the User accepts, declares and undertakes that he/she has read the entire Membership Agreement, fully understood its content and approved all its provisions.
Definitions
My Dreams Collection company, which carries out the activities of the www.mydreamscollection.com.tr website, is located at İstasyon Mah. 1409 Sokak No:20 Gebze/Kocaeli (Hereinafter referred to as the "seller").
Site: It is a website accessible online where various services and contents are offered within the framework determined by www.mydreamscollection.com.tr.
Member: A natural or legal person who is a member of the Site and benefits from the Services offered on the Site under the conditions specified in this agreement.
Buyer: Member who purchases goods and/or services offered for sale by using the Services offered on the Site.
User: The person who visits the www.mydreamscollection.com.tr website with or without making a purchase.
Approval Process: This is the process that must be carried out by the Member in order to activate the User's membership by sending a message on the membership form at www.mydreamscollection.com.tr.
Website Terms of Use and Membership Agreement: This is the agreement concluded electronically between the real and/or legal persons who will benefit from the commercial and personalized services offered through the site and the www.mydreamscollection.com.tr website.
Subject and Scope of the Agreement
The subject of the Membership Agreement is the determination of the Services offered on the Site, the conditions for benefiting from these Services and the rights and obligations of the parties.
The scope of the Membership Agreement is this agreement and its annexes, and all statements such as warnings, writings and explanations made by the seller regarding the use, membership and Services within the Site. By accepting the provisions of the Membership Agreement, the Member also accepts all statements made by the seller regarding the use, membership and Services within the Site. The Member accepts, declares and undertakes to act in accordance with all matters stated in the aforementioned statements.
The services offered on the www.mydreamscollection.com.tr website generally consist of electronic commerce as defined in the Consumer Law legislation.
www.mydreamscollection.com.tr internet site, the services to be provided through the Site are not limited to; the products offered for sale at www.mydreamscollection.com.tr; after the Member pays the price, if the supplier's stock is available, in other words, if the contractual obligation to deliver the goods imposed on the seller can be fulfilled; the delivery of the goods to the customer by the cargo company on behalf of www.mydreamscollection.com.tr within the committed period, free of defects.
www.mydreamscollection.com.tr is completely free to determine the scope and nature of the services it will offer on the Site, and any changes it will make regarding the services will be deemed to have been put into effect by publishing them on the Site.
In order to benefit from the services offered within the Site, users must have the features determined by www.mydreamscollection.com.tr and specified in the content of the relevant section of the Site. www.mydreamscollection.com.tr is completely free to determine these features and is deemed to have put into effect the changes it will make regarding the features by publishing them on the Site.
Terms of Membership and Service Use
Membership is completed by the person who wants to become a Member sending the necessary identification information to become a member of the Site, completing the registration process from the relevant section of the Site and the approval of the registration process by the seller. The right and authority to become a Member defined in this agreement cannot be acquired without completing the membership process.
In order to become a member of the site, it is necessary to be of legal age, to be authorized to represent and bind the legal entity for legal entity members, and not to have been temporarily suspended from membership or permanently banned from membership by the seller within the scope of this agreement. Applications made through persons who are minors or who are not authorized to represent and bind the legal entity for legal entity members, or applications made by persons who have been temporarily suspended from membership or whose membership has been suspended or permanently banned from membership by the seller within the scope of this agreement as stated above, prevent the use of the rights arising from Membership even if the Site registration procedures have been completed.
The Seller may terminate this agreement unilaterally at any time without giving any reason, without giving any notice and without any obligation to pay any compensation and with immediate effect, and may terminate the Member's membership or may temporarily suspend the Member's membership without terminating the agreement. The termination, termination and suspension decisions specified in this article shall be made solely at the Seller's own discretion in the event of a violation of this agreement, a violation of the rules specified on the site, the determination by the Seller that the Member's transactions or the situation arising as a result of their transactions constitute a risk in accordance with the Seller's information security system, or the Seller's commercial decisions or the Seller's assessment that the situation arising as a result of the Seller constitutes a legal risk.
Rights and Obligations
Membership Rights and Obligations
The Member accepts, declares and undertakes that he/she will act in accordance with all the terms and conditions in the Membership Agreement, the rules specified in the relevant parts of the Site and all applicable legislation while performing the membership procedures, benefiting from the Site's Services and performing any transaction related to the Services on the Site, and that he/she understands and approves all the terms and rules specified in this agreement.
The Member accepts, declares and undertakes that the Seller shall be authorized to disclose the Seller's confidential/private/commercial information to both official authorities and rightful persons in accordance with the provisions of the applicable mandatory legislation or in cases where the rights of other members and third parties are claimed to have been violated, and that no compensation can be claimed from the Seller under any name for this reason.
The Members are solely responsible for the security, safekeeping, keeping away from third parties and use of the system access tools (username, password etc.) used by the Members in order to benefit from the Services offered by the seller. The Seller has no direct or indirect liability for any damages suffered or to be suffered by the Members and/or third parties due to any negligence or fault of the Members in matters such as security, safekeeping, keeping away from third parties and use of the system access tools.
Members accept, declare and undertake that the information and content provided by them within the Site is accurate and lawful. The Seller is not obliged or responsible to investigate the accuracy of the information and content transmitted to the Seller by the Members or uploaded, modified or provided by them through the Site, nor is it responsible for undertaking and guaranteeing that such information and content is safe, accurate and lawful, and cannot be held responsible for any damages that may arise due to the incorrect or erroneous nature of such information and content.
Members cannot transfer their rights and obligations under the Membership Agreement, partially or completely, to any third party without the written consent of the seller.
Those who benefit from the Services provided by the Seller and those who use the Site may only perform transactions on the Site for lawful purposes. The legal and criminal liability for every transaction and action carried out by the Members within the Site belongs to them. Each Member accepts, declares and undertakes that they will not reproduce, copy, distribute or process the pictures, texts, visual and audio images, video clips, files, databases, catalogs and lists found on the Site in a way that would violate the real or personal rights or assets of the Seller and/or another third party, and that they will not compete directly and/or indirectly with the Seller, either through these actions or through other means. The Seller cannot be held directly and/or indirectly responsible for any damages suffered or that third parties may suffer due to the activities carried out by the Members on the Site in violation of the provisions of the Membership Agreement and/or the law.
The seller, seller employees or managers have no responsibility for the services provided and content published on the Site by third parties, including Members. The commitment to the accuracy and legality of the information, content, visual and audio images provided and published by any third party is entirely the responsibility of the persons performing these actions. The seller does not undertake or guarantee the security, accuracy and legality of the services and content provided by third parties, including Members.
The Member accepts, declares and undertakes that, within the scope of any campaigns and draws to be carried out by the seller through the Site, the Member will share the membership information of the Members who are entitled to participate in the campaigns and draws with the persons and institutions related to the campaign and draw and will not claim any compensation from the seller for this reason.
The Member accepts, declares and undertakes that he/she is obliged to fulfill the measures and procedures required by the legislation in the capacity of an advertiser, producer, taxpayer or similar, regarding the transactions he/she carries out on the Portal, that the seller has no authority or responsibility regarding these measures and procedures, and that he/she will be responsible for the damages suffered or to be suffered by other Members, the seller and/or third parties due to all negligence and faults resulting from the failure to fulfill the measures and procedures within the scope specified in this article.
After filling in the required fields for registration and confirming the e-mail address, the Member may start using the Site by entering his/her e-mail address and password, provided that he/she complies with the terms set forth in this agreement.
While using the Site and its services, the Member agrees to comply with the Turkish Penal Code, the Turkish Commercial Code, the Law on Intellectual and Artistic Works, the Decree Laws and legal regulations regarding the Protection of Trademark and Patent Rights, the Code of Obligations, other relevant legislation provisions and all kinds of announcements and notifications that the Site will publish regarding its services. All legal, penal and financial liabilities that may arise due to use contrary to these notifications and laws belong to the Member.
The information of the members who visit the site (frequency of visit, times of visit, etc.) is tracked in order to provide them with better service. This information is shared with companies that cooperate on advertising etc. in order to expand and improve the content, while adhering to the terms of confidentiality. The aim here is to improve the service offered to the users of the site and to enrich the content offered by the Site.
Rights and Obligations of Buyers
By making a request to purchase the displayed product, the buyer is deemed to have accepted the sales terms and conditions determined by the seller along with the product description.
The Buyer accepts and declares that the Seller does not have and does not need to have any knowledge about the original product of the products offered for sale by the Manufacturers on the Site, including but not limited to whether they are defective, whether they are Prohibited Products, whether they are smuggled, their quality, originality, accuracy and completeness of the written and/or visual descriptions used in the promotion of the product, and that the Seller is not obliged to undertake or guarantee these.
The Buyer accepts, declares and undertakes that if the Manufacturer decides to refrain from selling or delivering the product at any stage of the purchase-sale process taking place on the Site and for whatever reason, the Seller shall have no responsibility or liability due to this situation; and that the Buyer shall not be able to demand the supply of the product or its equivalent that the Buyer is trying to purchase from the Seller in any way or to pay any compensation based on this.
The Buyer accepts, declares and undertakes that the seller will create the preliminary information form and distance sales contract regarding the products within the Secure Shopping System Service in accordance with the Consumer Protection Law No. 6205 and the Distance Contracts Regulation.
The Buyer accepts, declares and undertakes to approve the preliminary information form and distance sales contract prepared on the Site based on the Seller's membership information and the information provided by the Manufacturer regarding the product to be sold, within the framework of the Consumer Protection Law No. 6205 and the Distance Contracts Regulation.
Seller's Rights and Obligations
The Seller reserves the right to change the Services and content offered on the Site at any time; to block the access of third parties, including Members, and to delete the information and content uploaded to the system by Members. The Seller may exercise this right without any notice or prior notice. Members must promptly fulfill the changes and/or corrections requested by the Seller. Change and/or correction requests requested by the Seller may be made by the Seller if deemed necessary. Any damages, legal and criminal liabilities that may arise or may arise due to the failure of the Members to fulfill the change and/or correction requests requested by the Seller in a timely manner belong entirely to the Members.
The Seller may use the membership information on the Site in any way it wishes for User security, fulfillment of its own obligations, marketing, promotion and communication regarding the websites created by the group companies mentioned on the home page of the Site and the Site within its own structure (www.mydreamscollection.com.tr) and for some statistical evaluations. It may classify and store these on a database.
The Seller does not act as a mediator or arbitrator in disputes arising between Members within the scope of the Services provided on the Site.
The Seller may scan the content and/or messages required to detect messages and/or content that are exchanged between Users on the site and that are against the operation of the Site and/or the Membership Agreement and/or the general rules of the Site and/or the general moral rules and that are unacceptable to the "Seller" or "X", and may remove the messages and/or content it detects from access at any time and in any way it wishes; the Seller may give a written warning to the Member who created such message and/or content and/or may terminate the Member's membership, temporarily or permanently, without any notice.
Members and the seller are legally independent parties. There is no partnership, agency or employee-employer relationship between them. As a result of the approval and implementation of the Membership Agreement, no partnership, agency or employee-employer relationship arises.
The "usernames" that Members upload to the system while becoming a member of the Site are subject to the provisions of this Membership Agreement, and Members must not violate the legal rights of third parties such as copyright, brand, trade name when determining a "username". In the event that Members act contrary to the provision of this article, the Seller may request the Member to correct this situation that is contrary to the Membership Agreement, or may cancel the Member's membership temporarily or permanently without prior notice to the Member.
The Seller accepts, declares and undertakes that it will keep the preliminary information form and distance sales contracts regarding the sales made through the Site for a period of 3 years and that it will share this distance sales contract and preliminary information form with the Buyer and the Manufacturer upon their request within this period. The Seller does not keep the credit card information of its customers recorded in the system.
Certain information may be collected by the Seller for the purpose of improving and developing the www.mydreamscollection.com.trin website and/or within the framework of legal regulations, 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 Web site that provides direct connection to the site.
The Seller may use the personal information of the members in order to provide better service to the members, improve their products and services, and facilitate the use of the site in studies regarding the special preferences and interests of the Members. The Seller reserves the right to keep a record of the activities of the member on the www.mydreamscollection.com.trinternet site.
The seller may immediately limit, suspend or cancel the membership of the member, user or buyer due to any action or transaction that violates the www.mydreamscollection.com.tr website rules or any obligation stipulated in this agreement or any law, regulation or other legislation without any notice or warning. In such cases, the member, user or buyer cannot claim or collect any negative or positive damages and losses, rights and receivables from the seller.
Intellectual Property Rights
All elements of the Site (including but not limited to design, text, image, html code and other codes) (works subject to Seller's copyright) are owned by the Seller and/or used by the Seller under a license right obtained from a third party. Members cannot resell, share, distribute, exhibit, reproduce, create or prepare derivative works of Seller Services, Seller information and Seller's copyrighted works, or allow anyone else to access or use Seller's Services; otherwise, they will be responsible for meeting the amount of compensation requested from Seller due to damages suffered by third parties, including but not limited to licensors, and all other liabilities, including but not limited to court costs and attorney fees.
The Seller reserves all rights to all assets, real and personal rights, business information and know-how, including all material and intellectual property rights it has through the Seller Services, Seller information, Seller copyrighted works, Seller trademarks, Seller commercial appearance or the Site.
Contract Changes
This agreement will remain in effect until the member cancels his/her membership or until the seller cancels his/her membership. If the member violates any provision of the membership agreement, the seller may unilaterally terminate the agreement by canceling the member's membership.
Limitation of Liability
www.mydreamscollection.com.tr is not responsible for any direct or indirect damages that may arise due to breach of contract, tort, or other reasons due to access to the Site, use of the Site or information and other data programs etc. www.mydreamscollection.com.tr does not accept any responsibility for interruption of the transaction, error, negligence, interruption due to breach of contract, tort, negligence or other reasons. By accessing this Site or other linked websites or using the Site, it is accepted that www.mydreamscollection.com.tr is exempted from all kinds of liabilities that may arise as a result of use/visit, including court and other expenses.
Transfer
www.mydreamscollection.com.tr may transfer this agreement partially or in whole at any time without notice. However, the User and Member cannot transfer this agreement or any part of it to another party. Any such transfer attempt is invalid.
Force Majeure
In all cases that are legally considered force majeure, www.mydreamscollection.com.tr is not liable for late performance or non-performance of these Terms of Use and Membership Agreement. These and similar cases will not be deemed as delay, non-performance or default in terms of www.mydreamscollection.com.tr and www.mydreamscollection.com.tr will not be liable for any compensation for these cases.
Applicable Law and Jurisdiction
In the implementation of this contract, Consumer Arbitration Committees and CONSUMER COURTS in the place of residence of the seller are authorized up to the value declared by the Ministry of Industry and Trade. In case the order is approved electronically, the Buyer is deemed to have accepted all the provisions of this contract. In case of any dispute between the parties and/or regarding the complaints of third parties, the seller's records and documents, e-mail correspondence, system records on the website (including magnetic records such as computer-voice records) will constitute definitive evidence exclusively within the meaning of Article 193 of the Civil Procedure Code.
Force
The member's registration means that the member has read all the articles in the membership agreement and has accepted the articles in the membership agreement. This Agreement is concluded and mutually entered into force at the moment the member becomes a member. The seller may make changes to the provisions of this agreement at any time, the changes are published on the site by specifying the version number and the date of change and enter into force on the same date.
I HAVE READ, ACCEPTED and APPROVED