MEMBERSHIP AGREEMENT
Please read these 'site terms of use' carefully before using our site.
Our customers who use this shopping site and shop are assumed to have accepted the following terms:
The web pages on our site and all pages connected to it ('site') belong to and are operated by HÜSEYİN FİDAN company ('Company') at www.babyfidan.com . You ('User') accept that you are subject to the following terms and conditions while using all the services offered on the site, and by benefiting from and continuing to use the service on the site; You are deemed to have the right, authority and legal capacity to sign a contract according to the laws you are subject to and that you are over 18 years old, that you have read, understood and are bound by the terms written in the contract.
This contract is indefinite and imposes rights and obligations on the parties regarding the site that is the subject of the contract, and when the parties accept/approve this contract online or in writing, they declare and undertake that they will fulfill the aforementioned rights and obligations completely, correctly, on time and within the conditions requested in this contract.
1. RESPONSIBILITIES
The company always reserves the right to make changes to prices and the products and services offered.
The company accepts and undertakes that the member will benefit from the services subject to the contract, except for technical malfunctions.
The user accepts in advance that he/she will not reverse engineer the use of the site or take any other action to find or obtain the source code, otherwise he/she will be liable for damages that may arise in the presence of third parties and that legal and criminal proceedings will be taken against him/her.
The User accepts that he/she will be solely responsible for any damages he/she may incur due to incomplete or incorrect information provided while becoming a member of the site, and that in the event of incorrect information provided and in the event of a breach of this agreement by the Member, the company may unilaterally terminate his/her membership without the need for any notice or warning.
Certain information may be collected by the Company for the purpose of improving and developing the 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 website, 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. The User accepts the collection of this information.
The user agrees that he/she will not produce or share content that is against general morality and etiquette, unlawful, violating the rights of third parties, misleading, offensive, obscene, pornographic, violating personal rights, violating copyrights, encouraging illegal activities, in his/her activities within the site, in any section of the site or in his/her communications. Otherwise, he/she is fully responsible for the damage that will occur and in this case, the 'Site' authorities may suspend, terminate such accounts, and reserve the right to initiate legal proceedings. For this reason, if the judicial authorities receive requests for information regarding the activity or user accounts, the court reserves the right to share this information with the authorities.
Members of the site are responsible for their interactions with each other or third parties.
2. INTELLECTUAL PROPERTY RIGHTS
2.1. All registered or unregistered intellectual property rights such as title, business name, brand, patent, logo, design, information and method on this Site belong to the site operator and owner company or the specified relevant person and are under the protection of national and international law. Visiting this Site or using the services on this Site does not grant any rights regarding the said intellectual property rights.
2.2. The information on the Site cannot be reproduced, published, copied, presented and/or transferred in any way. The whole or part of the Site cannot be used on another website without permission. In the event of such a violation, the user will be responsible for the amount of compensation requested from the company due to the damages suffered by third parties and all other liabilities, including but not limited to court costs and attorney fees.
3. CONFIDENTIAL INFORMATION
3.1. The company will not disclose personal information provided by users through the site to third parties. This personal information includes all kinds of information intended to identify the User, such as the person's name-surname, address, telephone number, mobile phone, e-mail address, and will be referred to as 'Confidential Information'.
3.2. The User accepts and declares that he/she consents to the company that owns the Site sharing his/her communication, portfolio status and demographic information with its affiliates or group companies to which it is affiliated, and to receiving electronic messages in this context for himself/herself or its affiliates, limited to the use within the scope of marketing activities such as promotion, advertisement, campaign, promotion, announcement etc. This personal information It can be used to determine the customer profile within the company , to offer promotions and campaigns suitable for the customer profile and to conduct statistical studies.
3.3. The user has the right to cancel the approval given under this contract without giving any reason. The company will process the cancellation immediately and will refrain from receiving electronic messages from the user within 3 (three) business days.
3.4. Confidential Information may only be disclosed to official authorities if such information is requested by official authorities in accordance with the procedure and in cases where disclosure to official authorities is mandatory in accordance with the provisions of the mandatory legislation in force.
4. NO WARRANTY:
THIS AGREEMENT CLAUSE SHALL BE VALID TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PROVIDED BY THE COMPANY THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES OR THE APPLICATION (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
5. REGISTRATION AND SECURITY
The User must provide accurate, complete and up-to-date registration information. Otherwise, this Agreement will be deemed to have been violated and the User's account may be closed without notification.
The User is responsible for the security of his/her password and account on the site and third party sites. Otherwise, the Company cannot be held responsible for any data loss, security breaches or damage to hardware and devices.
6. FORCE MAJEURE
If the parties cannot fulfill their obligations arising from the contract due to reasons beyond the control of the parties such as natural disasters, fire, explosions, civil wars, wars, riots, civil movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power outages (hereinafter collectively referred to as "Force Majeure"), the parties are not responsible for this. During this period, the rights and obligations of the Parties arising from this Agreement are suspended.
7. INTEGRITY AND ENFORCEABILITY OF THE AGREEMENT
If one of the terms of this contract becomes partially or completely invalid, the remainder of the contract remains valid.
8. CHANGES TO BE MADE IN THE CONTRACT
The company may change the services offered on the site and the terms of this agreement partially or completely at any time. Changes will be valid from the date they are published on the site. It is the responsibility of the User to follow the changes. The User is deemed to have accepted these changes by continuing to benefit from the services offered .
9. NOTIFICATION
All notifications to be sent to the parties regarding this Agreement will be made through the Company's known e-mail address and the e-mail address specified by the user in the membership form. The User accepts that the address specified during membership is the valid notification address, that it will notify the other party in writing within 5 days in case of any change, and that otherwise, notifications to this address will be deemed valid.
10. EVIDENCE AGREEMENT
In any disputes that may arise between the Parties regarding the transactions related to this agreement, the Parties' books, records and documents, computer records and fax records will be accepted as evidence in accordance with the Code of Civil Procedure No. 6100, and the user agrees not to object to these records.
11. DISPUTE RESOLUTION
Istanbul (Central) Courthouse Courts and Enforcement Offices are authorized to resolve any disputes arising from the implementation or interpretation of this Agreement.
Dear Customers, Potential Customers and Website Visitors, As {TITLE GOES HERE} ("" or "Company"), we attach great importance to the protection of your personal data. In this context, in accordance with the Personal Data Protection Law No. 6698 ("LPPD"), we would like to inform you about your personal data and processing processes as the "data controller".
WHAT ARE YOUR PERSONAL DATA PROCESSED?
Your identity information (Name Surname, Date of Birth, TR ID Number)
Your contact information (Address, email address, telephone number)
Details regarding your use of the Site (your behavior on the Site, your transactions, your preferences, products visited, etc.)
Your Username and Password, specifically assigned to you
Your company information (Company name, phone number, address)
With the establishment of the ………Contract;
Your identity information (Name Surname, Date of Birth, TR ID Number)
Your contact information (Address, email address, telephone number)
If you request an invoice, please share it with us (Turkish ID Number, Tax ID Number)
If you pay by credit card, it will be processed to be sent to the Payment Institution.
If you select Money Order as the Payment Method, Bank Iban and information about the Bank you use,
If You Are a User;
Your Username and Password, specifically assigned to you
Your company information (Company name, phone number, address)
Records of services provided by our company (Request and Complaint Management)
Records created with the form received regarding your complaints
If you are a user, the purpose of holding the title of data processor within the framework of the electronic commerce system we provide is ………. information about your customers, which is only created by storing and using the system without determining the purposes and means of processing,
If You Give Permission for Electronic Commercial Communications;
Your identification information (name and surname)
Your contact information (address, email address, telephone number)
Details regarding your use of the Site (your behavior on the Site, transactions, preferences, products visited, etc.)
Your information essential for marketing (Demographic member/user/customer information such as date of birth, site usage, shopping habits, address and habits, shopping habits-preferences, likes and related comments regarding all kinds of products and services, campaigns, surveys, etc. utilized and their contents, invoice contents, payment methods (cash, credit card, etc.) and payment details (installment amount, etc.), old and new mobile/home/work telephone/fax numbers, e-mail addresses, identification information (cookies, web browser signals-information, IP, beacon, wired-wireless network connection information, etc.),
PURPOSES OF PROCESSING YOUR PERSONAL DATA
Your personal data may be processed for the following purposes in accordance with the legislation on the protection of personal data;
General Objectives:
If you contact us, we will provide you with your identity and contact information in order to resolve your problems and complaints and to contact you regarding this when necessary.
Your identity, contact, invoice and shopping information in order to fulfill our obligations arising from the legislation, authorized and authorized public institutions and organizations and other legal obligations, especially information security,
Your identity, contact, invoice and shopping information for the purpose of exercising all kinds of rights of lawsuit, response and objection against official institutions and organizations such as courts, enforcement offices and arbitration boards in disputes arising from the contract,
Your identity and contact information so that the records we create for you in our system can be distinguished from the records of other customers and to enable you to benefit from post-sale operational processes without presenting an invoice/receipt.
If you request an invoice, your identity and billing information so that the invoice can be issued,
If you want to make your payment by credit card, your credit card information is required in order to receive the payment (credit card information is transferred to the payment institution without being recorded).
Your identity, shopping and billing information in order to fulfil our storage obligations arising from the legislation.
If You Are a User,
In order to improve our product and respond to your requests immediately, within the scope of the User Complaint and Request Form,
In case it is provided to you to track regular payments, make arrangements with your account information and manage your Electronic Commerce environment,
If you are a user, to ensure the operation of your e-commerce site and the sales you make,
In order to manage your requests within the scope of the service provided and to ensure the best possible electronic commerce of the Users with the best service principle,
In order to manage your electronic commerce site with the business partners on the website or to whom we transfer your data upon your request,
If You Consent to Electronic Commercial Communications
We process your identity, communication, shopping and marketing information in order to create/conduct general or personalized campaigns, advantages, promotions, advertisements, information, marketing activities specific to you and to carry out all kinds of commercial communication activities for you.
COLLECTION METHOD AND LEGAL REASON OF YOUR PERSONAL DATA
Your personal data is processed by {TITLE COMES HERE} within the framework of your Electronic Commercial Communications Permission obtained through automatic methods or electronic systems, together with your transactions, requests and complaints through the Site or your shopping, all kinds of shopping, collection, delivery, transaction, survey filling on the Site.
As {TITLE COMES HERE}, we collect your personal data; regarding the ……… processes on the Site, based on the legal reasons of "data processing is necessary for the establishment and execution of the contract", "fulfillment of legal obligation" and "data processing is mandatory for the legitimate interests of the data controller"; regarding our storage obligations arising from the legislation, based on the legal reason of "fulfillment of legal obligation"; in case you are a User, based on the legal reason of "data processing is necessary for the establishment and execution of the contract", in terms of following up on your requests and complaints, based on the legal reason of "data processing is mandatory for the exercise of the right", in case you give your Electronic Commercial Communication Permission and based on the legal reason of express consent for the purpose of offering you new services with your Business Partners.
Existence of explicit consent; It must be clearly stipulated in other legislation to which our Company is subject,
The processing of personal data of the parties to a contract is necessary, provided that it is directly related to the establishment or performance of a contract, to be able to provide the requested products and services and to fulfill the requirements of the contracts you have concluded,
It is mandatory to fulfill the legal obligation,
It has been made public by the relevant person himself,
Data processing is mandatory for the establishment, exercise or protection of a right,
Data processing is mandatory for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the relevant person.
Having your explicit consent; Personal data other than health, without explicit consent in cases stipulated by law,
Personal data related to health may only be disclosed by persons or authorized institutions and organizations under a confidentiality obligation, without the explicit consent of the person concerned, for the purposes of protecting public health, providing preventive medicine, medical diagnosis, treatment and care services, planning and managing health services and their financing.
TRANSFER OF YOUR PERSONAL DATA
{TITLE GOES HERE} as your personal data;
With business partners and service providers located in Turkey and abroad (call center, personal data collection service through devices, marketing consultancy, database, electronic messaging service providers, consultancy, etc. companies) or abroad if the servers of our business partners located in Turkey are located abroad, for purposes such as receiving services such as information technologies, marketing activities, or consultancy that require expertise, etc., and receiving product and service support in personal data collection processes,
With our dealers and business partners to resolve your purchases and all other product requests you make through the site,
The permission you give to our business partners who are on our site and whose services we offer and from whom we want to receive service.
In order to fulfill our obligations to provide information, documents and other related obligations to authorized and authorized public institutions and organizations and judicial authorities and to exercise our legal rights such as the right to sue and respond, we provide the information requested from us to these institutions, organizations and authorities.
If you make your payment by credit card, we transfer your credit card information to third parties providing the service, such as the relevant bank, electronic payment institution, etc., without it being recorded by ………….
YOUR RIGHTS
In accordance with Article 11 of the Law; through the methods in the "Communication" section of this Policy.
To learn whether your Personal Data is being processed,
Request information regarding your Personal Data if it has been processed,
To learn the purpose of processing Personal Data and whether they are used in accordance with their purpose,
To know the third parties to whom your Personal Data is transferred, either domestically or abroad,
Request correction of your Personal Data if it is processed incompletely or incorrectly,
Request the deletion or destruction of your Personal Data within the framework of the conditions stipulated in the KVKK legislation.
Request notification to third parties to whom your Personal Data has been transferred,
Object to a result that is detrimental to you due to the analysis of processed data exclusively through automated systems.
If you suffer damage due to the unlawful processing of your Personal Data, you have the right to demand compensation for this damage.
COMMUNICATION
You can send your applications to the e-mail address assigned for the application procedure in question by ………. as the Data Controller, from your registered e-mail address on the System, or to the address of ……….. stated below in writing (We would like to remind you that in cases where the relevant request must be made in a specific procedure by law, the procedure in question must be complied with.)
Address: Y.DUDULLU/SERIFALI HATTAT Str. NO: 32 UMRANIYE/ISTANBUL
Phone: 0 552 241 86 29