MEMBERSHIP AGREEMENT
- Parties
- a) pegahjewellery.com internet website is operated Pegah Jewellery to be referred to as “Pegah Jewellery”) located at the address of Atölye 78 Boğazkesen Caddesi No:78 Tophane Istanbul
- b) pegahjewellery.com internet website members are (“Members”)
- c) pegahjewellery.com internet website users who buy without being members (“Guest”)
- Subject of the Agreement
The subject of this Agreement is to determine the general terms of use, the rules, the terms and conditions of use of members and the legal responsibilities of www.pegahjewellery.com which is owned by Pegah Jewellery.
For the purpose of establishing this Membership Agreement, the provision of the Member's requested Member Information and the password to be determined and entering it into the Membership Agreement by providing the required approvals and / or required permissions legally and contractually and pressing the (Be a Member) button is necessary and sufficient.
- Rights and Liabilities of the Parties
3.1. It is legally prohibited for people under the age of 18 to shop on the internet. People declare and accept that they are over 18 years old by signing in and / or being a member on the website.
3.2. The Member declares and undertakes that the personal and other information it provides while being a member of the www.pegahjewellery.com website is correct before the law and that Pegah Jewellery is not liable for any mispresentation of this information and that he will indemnify and immediately compensate for any and all damages which incur as a result of such misrepresentation.
3.3. Member / Guest accepts, declares and undertakes that any shopping on the www.pegahjewellery.com website is done for personal use and not for any commercial purposes. Pegah Jewellery has the right to terminate the Membership Agreement if it is found that the Member / Guest has obtained commercial gain from the sale or purchase of the products which have been purchased on the internet address www.pegahjewellery.com or sold them to others. In addition, Pegah Jewellery reserves all rights for indemnities and other rights due to unlawful use. The Member acknowledges and declares that this is an action contrary to the Industrial Property Law.
3.4. The member can not give the password given to him by Pegah Jewellery to other persons or organizations, the right of the member to use the password is his own responsibility. The Member shall be directly responsible for all claims and claims that may be brought against Pegah Jewellery by third parties or competent authorities, and all remuneration and other claims arising from unauthorized use are reserved by Pegah Jewellery.
3.5. The prices and applicable sales conditions of the products offered for sale through www.pegahjewellery.com apply only to the internet site and not to Pegah Jewellery stores or any other sales channels.
3.6. The information provided by the Member and the precautions necessary for the security of the transactions have been taken by Pegah Jewellery or related organizations in systems and internet infrastructure according to the nature of the information and transaction. All credit card transactions and approvals at www.pegahjewellery.com are carried out online between Pegah Jewellery and the relevant Bank and similar Card and Payment Organizations, regardless of Pegah Jewellery (Credit card "password" is not viewed and recorded by Pegah Jewellery).
3.7. When using the www.pegahjewellery.com website, the Member agrees and undertakes to abide by the provisions of the legal regulations and not to violate them. Otherwise, all legal and penal obligations to be born will completely and exclusively bind the member.
3.8. Membership cancellation and account deletion can be done by the guest through the internet site www.pegahjewellery.com. Pegah Jewellery takes necessary action in line with the request of the member.
3.9. The name and Internet Protocol (IP) address of the Internet service provider used by Pegah Jewellery to access the site for improvement, development and / or legal purposes of the www.pegahjewellery.com website, the date and time that the site has been accessed, the pages accessed at the time the site was accessed, some information such as the Internet address of the Web site may be collected by Pegah Jewellery.
3.10. Pegah Jewellery may share personal information with third parties under the statutory obligation of the member in the form and conditions permitted by Law, including Law No. 6698 on Protection of Personal Data and related legislation.
3.11. Measures have been taken in order to ensure that the Pegah Jewellery website is free from viruses and similar software. However, to ensure ultimate security, the Guest must provide his own virus protection system and provide necessary protection. In this context, the member accepts that by entering the Pegah Jewellery website, he / she is responsible for all errors and their direct or indirect consequences which may arise in their software and operating systems.
3.12. Pegah Jewellery reserves the right to change the content of www.pegahjewellery.com at any time, to change or terminate any services provided to guests, or to delete or anonymize registered member information and data registered on Pegah Jewellery website.
3.13. Member information is pursued by Pegah Jewellery with the aim of providing better service. This information is subject to confidentiality requirements, content is expanded and improved with the aim of advertising and so on and may be shared with companies qualifying as business associates in the form and conditions permitted by the applicable Laws. The goal is to improve the site experience offered to Guests and develop the www.pegahjewellery.com website.
3.14. A member can not have more than one account. In the event that a situation to the contrary is determined, Pegah Jewellery is free to close / freeze accounts that are determined to be fraudulent without notification to the member. Members who are trying to earn from the system with more than one account are not protected from these gains and in case of violation more than once, Pegah Jewellery reserves the right to apply for other means including removal from membership, since the related irregularity will be a substantial infringement of the member contract.
3.15. Pegah Jewellery may, at any time, change, update or cancel the terms of the Membership Agreement without any prior notice and / or need, and publish it on its site under the same link. Guests may be notified by e-mail if deemed necessary. The updated and current terms of use will be effective as of the time of publication on www.pegahjewellery.com and the use of the www.pegahjewellery.com site or services will be subject to renewed terms of use from that time.
3.16. The Parties accept and declare that all computer records belonging to Pegah Jewellery shall be taken as the sole and actual exclusive evidence in accordance with Article 193 of the PCT and that said records constitute an evidential contract.
3.17. Trademarks, commercial titles, logos, graphics, designs, images, general appearance, texts, all other materials used on the site, technical data available on the www.pegahjewellery.com website are the property of Pegah Jewellery. All the inscriptions presented on this site are registered in the name of Pegah Jewellery. For this reason, nothing on www.pegahjewellery.com web site can be copied, reproduced, used without permission. Pegah Jewellery reserves the right to demand all kinds of indemnities and other claims for actions in tort by a Member/Guest.
3.14. Permission to Process Personal Data
The Member accepts and declares that any personal or non-personal information which have been provided to Pegah Jewellery have been given regarding purchases of products and services purchased by members, contact information and other personal information, e-commerce and physical stores and their installations, their visits to sites and their purchases therefrom; any kind of product-service promotion, advertisement, communication, promotion, sale, etc., to be done by Pegah Jewellery in order to be able to benefit from general and personalized product-services and facilities, for legal reasons, in accordance with the legal principles regarding the taking and processing of necessary measures for the protection of confidentiality, marketing, store card, membership procedures, informing applications and applications, as well as name, surname, nickname, age, gender, marital status, living area, education level, interests, shopping habits with the automatic and non-automated methods of personal information such as content, mobile / home / work phone number, device code, technical advertiser identification information, mail address and location data, writing / recording in magnetic archives, updating, changing, joining, reorganizing, classifying, sharing, storage (domestically-abroad) transfer, other processing of the goods and services within the scope of the related statutory rights and accepts and expresses that he has read the KVKK Clarification Text on the internet website and expressly gives permission (consent-approval) to process personal data in this aspect.
3.15. Electronic Commercial Message Submission Permit
A Member who approves this Agreement by entering the information requested at Membership Information at www.pegahjewellery.com clearly agrees and allows communication with SMS / text message, instant notification, social media and other services from Pegah Jewellery for various introduction, advertising, promotional, sales and marketing purposes for all kinds of products and services, as well as store cards, membership information, transactions and applications other online advertising networks, auto-dialing, computer, telephone, fax, email / mail, bluetooth-other wireless networks (if available) and other electronic means of communication.
3.16. A Member who has provided personal information to become a Member on www.pegahjewellery.com is deemed to have approved Pegah Jewellery and the current and future affiliates, affiliated companies, partners, successors and / or third parties that they may determine to receive information about discounts, campaigns and information within the scope of permitted marketing by e-mail and any other means of digital communication. The member can easily and free of charge be deleted from the daily commercial message list with the routing link in the content of the SMSs, by clicking on the link at the bottom of the mail sent from Pegah Jewellery, "Please click if you do not want to be informed about the campaign announcements" link or by removing the checkmark from Announcement Channels in Account Information section of the Guest account. For the channels that the Member has specified in accordance with the clear statement on this issue, communications to the parties will be suspended within the legal maximum period (according to the law, possible transactions and communications will continue).
3.17. By changing communication preferences, if a Member stops commercial electronic communication for any communication channel-address or rejects the transaction in our commercial electronic messaging engages on the www.pegahjewellery.com membership page to request communications, the member will continue to receive commercial electronic messages from the relevant channel without the necessity for any authorization / approval, until such time as communication preferences are changed properly from the membership webpage or commercial communication is rejected.
3.18. The Member acknowledges that all the provisions of this Guest Agreement shall be deemed to have been accepted and that the contract shall express his / her own judgment from the moment the benefit of the servant begins. The member agrees to indemnify any damages to be incurred to Pegah Jewellery caused by violation of the obligations which he has undertaken with this contract. Pegah Jewellery has the same right of recourse from the Member for any kind of compensation and / or administrative and / or judicial fines that have to be paid to public institutions and / or third parties for the Member’s violation of the contract.
- Termination of the Agreement
This Agreement shall remain in force until the cancellation of membership of the contracting party or the cancellation of membership by Pegah Jewellery. The member may terminate his membership in the electronic environment when he / she wishes, or Pegah Jewellery may terminate the contract without any justification. With the termination of the contract termination, all kinds of data and information including the personal data of the parties are kept in accordance with the provisions of the KVKK and other legislation.
- Resolution of Disputes
The Courts of Bakırköy and Bakırköy Executive Offices are authorized to resolve any disputes regarding this agreement in accordance with the laws of the Republic of Turkey.
- Notification Addresses
The e-mail address that the Member informs Pegah Jewellery is accepted as the legal address for any notifications related to this Agreement.
The parties acknowledge that the requests to be made in an electronic mail shall be valid and shall be deemed to have been made to them, unless the parties notify the other party in writing of any changes in the existing electronic mail within three (3) days.
Pegah Jewellery shall only take the electronic mail sent by the Member from his legal electronic mail address into consideration.
Any notice made by Pegah Jewellery using the registered e-mail address that the member has notified will be deemed to have been delivered to the Guest 1 (one) day after the e-mail is sent by Pegah Jewellery.
Pegah Jewellery and the Member may also make their declarations and requests in person or in writing.
- Validity
By signing the Membership agreement the member has read all the articles contained in the membership contract and accepts the articles contained in the membership contract. This Agreement has been concluded at the time of membership of the Contracting Member and entered into force mutually.
Pegah Jewellery - Information About the Law on the Protection of Personal Data
According to the 6698 numbered Law on the Protection of Personal Data (KVKK - Kişisel Verilerin Korunması Kanunu), Pegah Jewellery can process your data as stated below.
We ask you for certain personal data to provide you with the products or services you request. For example, when you make purchases, contact our consumer services, request to receive communications, create an account, or use our Sites Apps.
TOOLS to Manage What Personal Data We Collect
In many cases, your web browser or mobile device platform will provide additional tools to allow you to control when your device collects or shares particular categories of personal data. For example, your mobile device or web browser may offer tools to allow you to manage cookie usage or location sharing. We encourage you to familiarize yourself with and use the tools available on your devices.
Sharing of Your Personal Data
Pegah Jewellery shares your personal data with:
- Pegah Jewellery entities for the purposes and under the conditions outlined above
- Third party service providers process personal data on Pegah Jewellery’s behalf, for example to process credit cards and payments, shipping and deliveries, host, manage and service our data, distribute emails, research and analysis, advertising, analytics, manage brand and product promotions as well as administering certain services and features.
- Other third parties to the extent necessary to: (i) comply with a government request, a court order or applicable law; (ii) prevent illegal uses of our Sites and Apps or violations of our Sites’ and the Apps’ Terms of Use and our policies; (iii) defend ourselves against third party claims; and (iv) assist in fraud prevention or investigation (e.g., counterfeiting).
- To any other third party where you have provided your consent.
We may also transfer personal data we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, spin-off, dissolution or liquidation).
According to the article 11 on KVKK, you have the rights below:
I: Knowing if your data is used,
II: Requesting information if your data is used,
III: Learning the purpose of your personal data’s usage and if the data used correctly as stated with the purpose.
IV: Correction of your personal data if it is incomplete or inaccurate;
V: Deletion or restriction of your personal data in certain circumstances provided by applicable law.
VI: Requesting from us to inform the 3rd parties we delivered your data about the changes stated on the fourth and fifth clause.
VII: Objection of any possible negative outcomes on behalf of you with the reason of the exclusive analysis of your data by the automated systems.
VIII: Compensation for the losses you had in case data used against law.
Where we have obtained your consent for the processing of your personal data, you have the right to withdraw your consent at any time. If you have a request regarding your personal data that cannot be fulfilled from your account settings, please contact us at [email protected]. Your requests will be answered as soon as possible, at most within 30 days.