Membership Agreement
1-) MEMBERSHIP AGREEMENT
1.1-) This membership agreement is mutually agreed upon between PROTEN ORTOPEDİ VE SAĞLIK ÜRÜNLERİ SANAYİ TİCARET A.Ş. (hereinafter referred to as "site"), the owner of the website www.protenortopedi.com, and the 'Member' giving electronic approval while becoming a member of the website www.protenortopedi.com. was accepted and entered into force.
1.2-) With the electronic confirmation given when becoming a member of www.protenortopedi.com, the User accepts, declares and undertakes that he has read the entire Membership Agreement, fully understood its content and approved all its provisions.
2-) DEFINITIONS
2.1-) PROTEN ORTOPEDİ VE SAĞLIK ÜRÜNLERİ SANAYİ TİCARET A.Ş. company, which carries out the activities of the www.protenortopedi.com website, Haraççı Dist. Bayrak St. Bioaktif Blok No:26 Interior Door Number: 1 Arnavutköy / İstanbul (hereinafter referred to as "seller")
2.2-) Site: It is a website that can be accessed online, where various services and contents are offered within the framework determined by www.protenortopedi.com.
2.3-) Member: A natural or legal person who becomes a member of the site and benefits from the services offered on the site under the conditions specified in this agreement.
2.4-) Buyer: The member who purchases the goods and/or services offered for sale by using the services offered on the site.
2.5-) User: The person who visits the www.protenortopedi.com website, with or without shopping.
2.6-) Approval Process: This is the process that must be done by the member in order to activate the user's membership by sending a message from www.protenortopedi.com in the membership form.
2.7-) Website Terms of Use and Membership Agreement: This is an agreement concluded electronically between the real and/or legal entities that will benefit from the commercial and personalized services offered through the site and the www.protenortopedi.com website.
3-) SUBJECT AND SCOPE OF THE CONTRACT
3.1-) 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.
3.2-) The scope of the Membership Agreement includes this agreement and its annexes and all statements such as warnings, letters and explanations made by the seller regarding the use, membership and services included in 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 on the Site. The Member accepts, declares and undertakes to act in accordance with all matters specified in the aforementioned statements.
4-) SERVICE AND SCOPE OF SERVICE
4.1-) The www.protenortopedi.com website and the services it will offer through the Site generally consist of electronic commerce as defined in the Consumer Law legislation.
4.2-) The services to be provided by www.protenortopedi.com website include, but are not limited to, the delivery of the products offered for sale on www.protenortopedi.com, after the price is paid by the member, if the supplier's stock status is suitable, that is, the goods that the contract has imposed on the seller. In case the debt is fulfillable, the goods are delivered to the customer by the cargo company on behalf of www.protenortopedi.com without any defects within the promised time.
4.3-) www.protenortopedi.com 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 are deemed to have come into effect upon publication on the site.
4.4-) In order to benefit from the services to be offered within the Site, users must have the characteristics determined by www.protenortopedi.com and specified in the content of the relevant section of the Site. www.protenortopedi.com is completely free to determine these features, and any changes it will make regarding the features are deemed to have been put into effect by publishing them on the site.
5-) RIGHTS AND OBLIGATIONS
5.1-) Member Rights and Obligations
5.1.1-) The member shall act in accordance with all the conditions contained in the membership agreement, the rules specified in the relevant parts of the site and all applicable legislation, while fulfilling the membership procedures, benefiting from the services of the site and performing any transaction related to the services on the site, and all the conditions specified in this agreement. and accepts, declares and undertakes that he understands and approves the rules.
5.1.2-) The member is authorized to disclose www.protenortopedi.com's confidential/private/commercial information to both official authorities and rightful persons in accordance with the mandatory legislation in force or in cases where the rights of other members and third parties are alleged to have been violated. accepts, declares and undertakes that this will happen and that, for this reason, no compensation can be claimed from www.protenortopedi.com under any name.
5.1.3-) System access tools used by members to benefit from the services offered by www.protenortopedi.com (UserMembers are entirely responsible for the security, storage, keeping away from third party information and use of their personal information (name, password, etc.). www.protenortopedi.com does not have any direct or indirect liability for any damages suffered or may be incurred by members and/or third parties due to all negligence and faults of the members in matters such as the security of the system access tools, their storage, keeping them away from the information of third parties and their use. .
5.1.4-) Members accept, declare and undertake that the information and content provided by them within the site is accurate and lawful. www.protenortopedi.com is obliged and responsible to investigate the accuracy of the information and contents transmitted to www.protenortopedi.com by the members or uploaded, changed or provided by them on the site, and to undertake and guarantee that this information and contents are safe, accurate and lawful. nor can it be held responsible for any damages that may arise due to the incorrect or inaccurate information and content in question.
5.1.5-) Members cannot transfer their rights and obligations under the membership agreement, partially or completely, to any third party without the written consent of www.protenortopedi.com.
5.1.6-) Those who benefit from the services offered by www.protenortopedi.com and use the site can only operate on the Site for lawful purposes. Members bear all legal and criminal liability for every transaction and action they make within the site. Each member undertakes not to reproduce the images, texts, visual and audio images, video clips, files, databases, catalogs and lists contained within the site in a way that would constitute an infringement of the same or personal rights or assets of www.protenortopedi.com and/or another third party. accepts, declares and undertakes that it will not copy, distribute, process, and will not compete directly and/or indirectly with the seller, either through these actions or through other means. www.protenortopedi.com cannot be held responsible, directly and/or indirectly, for any damages suffered or may be incurred by third parties due to the activities carried out by members on the site contrary to the provisions of the membership agreement and/or the law.
5.1.7-) www.protenortopedi.com, vendor employees or managers are not responsible 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. www.protenortopedi.com does not undertake or guarantee the security, accuracy and legality of the services and content provided by third parties, including members.
5.1.8-) The Member agrees that, within the scope of all campaigns and sweepstakes to be carried out by www.protenortopedi.com on the site, the members who are entitled to participate in the campaigns and sweepstakes will share their membership information with the persons and institutions related to the campaign and sweepstakes, and therefore will not receive any compensation from the seller. He accepts, declares and undertakes that he will not make any request.
5.1.9-) The member is obliged to fulfill the measures and procedures required by the legislation regarding the advertiser, producer, taxpayer or similar status regarding the transactions carried out on the portal, and www.protenortopedi.com has no authority regarding these measures and procedures. and accepts, declares and undertakes that it has no responsibility and that it will be responsible for any damages that other members, www.protenortopedi.com and/or third parties have suffered or may suffer due to all negligence and faults that will result in the failure to comply with the measures and procedures within the scope specified in this article.
5.1.10-) After the member fills in the required sections for registration and confirms his e-mail address, he can start using www.protenortopedi.com by entering his e-mail address and password, provided that he complies with the conditions specified in this agreement.
5.1.11-) While using the site and its services, the Member shall comply with the provisions of 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 and the services of the Site. agrees to comply with all announcements and notifications to be published regarding it. Any legal, criminal and financial liability that may arise due to use contrary to these notifications and the law belongs to the member.
5.1.12-) The information of the members visiting the site (visit frequency, visit times, etc.) is monitored in order to serve them better. This information may be used for advertising, etc., in order to expand and improve the content, while adhering to confidentiality conditions. cooperation on issuesis shared with the companies. The purpose here is to improve the service offered by the site to its users and to enrich the content offered by the Site.
5.2) Rights and Obligations of Buyers
5.2.1-) By requesting to buy the exhibited product, the buyer is deemed to have accepted the sales conditions and procedures determined by the seller along with the product description.
5.2.2-) The Buyer is responsible for whether the products offered for sale by the manufacturers on www.protenortopedi.com are defective, whether they are Prohibited Products, whether they are contraband or not, their quality, originality, the accuracy of the written and/or visual explanations used in the promotion of the product and He/she accepts and declares that www.protenortopedi.com has no knowledge and is not required to have any knowledge about any matter related to the original product, including but not limited to its completeness, and is not obliged to undertake or guarantee the same.
5.2.3-) The buyer acknowledges and agrees that if the manufacturer ceases selling and delivering the product at any stage of the buying-selling process on the site and for whatever reason, the seller will not have any responsibility or liability for this situation; He accepts, declares and undertakes that he cannot demand, under any circumstances, the supply of the product or its equivalent that he is trying to purchase from www.protenortopedi.com or the payment of any compensation based on it.
5.2.4-) The Buyer accepts, declares and undertakes that www.protenortopedi.com will create the preliminary information form and distance sales contract for the products within the Secure shopping system Service, in accordance with the Law on Consumer Protection No. 6205 and the Distance Contracts Regulation.
5.2.5-) The Buyer accepts that www.protenortopedi.com will approve the preliminary information form and distance sales contract prepared on the site based on its membership information and the information provided by the manufacturer regarding the product subject to sale, within the framework of the Law on Consumer Protection No. 6205 and the Distance Contracts Regulation. , declares and undertakes.
5.3-) Rights and Obligations of www.protenortopedi.com
5.3.1-) www.protenortopedi.com reserves the right to change the services and contents offered on the site at any time, and to block and delete the information and contents uploaded by members to the system from access by third parties, including members. www.protenortopedi.com may use this right without any notice or prioritization. Members must immediately make any changes and/or corrections requested by www.protenortopedi.com. Changes and/or correction requests requested by www.protenortopedi.com can be made by www.protenortopedi.com, if deemed necessary. Damages, legal and criminal responsibilities that may arise or may arise due to the members not fulfilling the changes and/or correction requests requested by www.protenortopedi.com in a timely manner belong entirely to the members.
5.3.2-) www.protenortopedi.com, the membership information on the site, user security, fulfillment of its own obligations and marketing related to the websites created by the group companies mentioned on the home page of the site and its own site (www.protenortopedi.com), may use it in any way it wishes for promotion and communication and some statistical evaluations. They can classify and maintain on a database.
5.3.3-) www.protenortopedi.com does not act as a mediator or arbitrator in disputes arising between members within the scope of the services provided on the site.
5.3.4-) www.protenortopedi.com is a violation of the operation of the site and/or the membership agreement and/or the general rules of the site and/or general moral rules, which occur between users on the site and are carried out by “www.protenortopedi.com” or “X”. It may scan the necessary content and/or messages in order to detect messages and/or content that are unacceptable and may remove the detected messages and/or content from access at any time and in any way it wishes. www.protenortopedi.com may give a written warning to the member who created this message and/or content and/or terminate the member's membership, temporarily or permanently, without any notice.
5.3.5-) Members and www.protenortopedi.com 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, representation or employee-employer relationship arises.
5.3.6-) The "user names" that the members upload to the system while becoming a member of www.protenortopedi.com are subject to the provisions contained in this membership agreement, and the members do not exercise legal rights such as copyright, trademark, trade name of third parties when determining the "user name". should not violate. If members act contrary to the provisions of this article, www.protenortopedi.com may request the member to correct this situation, which is contrary to the membership agreement.If it wishes, it may cancel the member's membership temporarily or permanently without prior notice to the member.
5.3.7-) www.protenortopedi.com accepts, declares and agrees that it will keep the preliminary information form and distance sales contracts regarding the sales made through the site for 3 years and that it will share this distance sales contract and preliminary information form upon the request of the Buyer and the Manufacturer within this period. commits. www.protenortopedi.com does not keep the credit card information of its customers registered in the system.
5.3.8-) The name and Internet Protocol (IP) address of the Internet service provider used by www.protenortopedi.com for the improvement and development of the www.protenortopedi.com website and/or to access the site within the framework of legal legislation, the date and time the site was accessed. Some information may be collected, such as the pages accessed while on the site and the Internet address of the website that allows direct connection to the site.
5.3.9-) www.protenortopedi.com may use the personal information of its members in studies aimed at the special preferences and interests of its members in order to provide better service to its members, to improve its products and services, and to facilitate the use of the site. www.protenortopedi.com reserves the right to keep a record of the member's movements on the www.protenortopedi.com website.
5.3.10-) www.protenortopedi.com may not be liable to any member, user or buyer for any action or transaction that violates the www.protenortopedi.com website rules or any obligations stipulated in this agreement or any law, regulation and other legislation. may limit, suspend or cancel the right of use immediately without notice or warning. In these cases, the member, user or buyer cannot claim or collect any negative or positive damages, losses, rights and receivables from www.protenortopedi.com.
6-) OTHER PROVISIONS
6.1-) Intellectual Property Rights
6.1.1-) All elements of www.protenortopedi.com (including but not limited to design, text, image, html code and other codes) (works subject to www.protenortopedi.com copyright) belong to the seller and /or it is used by the seller under a license obtained from a third party. Members cannot resell, share, distribute, exhibit, reproduce, create or prepare derivative works from seller services, www.protenortopedi.com information and copyrighted works of www.protenortopedi.com, or allow anyone else to access or use the seller's services. ; Otherwise, they will be responsible for covering the amount of compensation requested from www.protenortopedi.com due to damages suffered by third parties, including but not limited to licensors, and any other liabilities, including but not limited to court costs and attorney fees.
6.1.2-) www.protenortopedi.com's seller services, www.protenortopedi.com information, www.protenortopedi.com copyrighted works, www.protenortopedi.com trademarks, www.protenortopedi.com commercial view or www.protenortopedi.com. All assets, including all material and intellectual property rights, owned through protenortopedi.com, all rights regarding the same and personal rights, commercial information and know-how are reserved.
6.2-) Contract Changes
This agreement will remain in effect until the member cancels his membership or his membership is canceled by www.protenortopedi.com. If the member violates any provision of the membership agreement, the seller may terminate the contract unilaterally by canceling the member's membership.
6.3-) Limitation of Liability
Accessing www.protenortopedi.com, www.protenortopedi.com, or the use of www.protenortopedi.com or the information and other data on www.protenortopedi.com, programs, etc. is not responsible for any direct or indirect damages that may arise due to its use, breach of contract, tort, or other reasons. www.protenortopedi.com as a result of breach of contract, tort, negligence or other reasons; does not accept any liability for any interruption of the transaction, error, negligence or interruption. By accessing this www.protenortopedi.com or other linked websites or using www.protenortopedi.com, www.protenortopedi.com will be held harmless from any liability that may arise as a result of the use/visit, including court and other expenses. It is accepted that it is excluded from all kinds of damages and claims.
6.4-) Transfer
www.protenortopedi.com may assign this agreement in whole or in part at any time without notice. However, the user and member cannot transfer this agreement or any part of it to another party. Such a takeover attempt
is invalid.
6.5-) Force Majeure
In all cases legally considered force majeureis not liable for late performance or non-performance of these terms of use and membership agreement. These and similar situations will not be considered as delay, non-performance or default on the part of www.protenortopedi.com, nor will www.protenortopedi.com be liable for any compensation for these situations.
6.6-) Applicable Law and Authority
In the implementation of this contract, Consumer Arbitration Committees and CONSUMER COURTS in the seller's place of residence are authorized up to the value declared by the Ministry of Industry and Trade. If the order is confirmed electronically, the Buyer is deemed to have accepted all provisions of this agreement. In case of any dispute between the parties and/or regarding the complaints of third parties, www.protenortopedi.com records and documents, e-mail correspondence, system records on the website (including records in magnetic media such as computer-voice recordings) shall be processed exclusively pursuant to Article 193 of the Civil Code. It will constitute conclusive evidence.
6.7-) Enforcement
Registration for membership means that the member has read all the articles in the membership agreement and accepted the articles in the membership agreement. This Agreement has been concluded and entered into mutual force at the time the member becomes a member. www.protenortopedi.com may change the provisions of this agreement at any time, and the changes will be published on the site by specifying the version number and change date and will come into force on the same date.