User Agreement
USER AGREEMENT
This User Agreement (“Agreement”) has been established and entered into force between Vanessa Baruh and Murat Ali Gök Adi Ortaklığı (“Company”), located at Akkavak Sokak, Ardı Apt. No:34, Floor:2, Flat:3, Nişantaşı, Istanbul, and the user (“User”) who is a member of the website (“Site”) located at http://baguettejewellery.com/, upon the User’s electronic approval of the Agreement.
Subject and Scope of the Agreement
The subject of this Agreement is to define the framework of the procedures and principles regarding the products, discounts, prices, photographs, pictures, articles, videos and other content (collectively, the "Content") accessed from the official Site given above and shared on the Site, to determine the terms and conditions regarding the User's use of the Site and the services offered on the Site, and to regulate the rights and obligations of the Parties in this regard.
Any rules, announcements and statements made on the Site regarding the use or conditions of the Site shall be deemed an integral part of this Agreement, and with this Agreement, the User accepts in advance any rules, announcements, warnings and statements included or to be included on the Site.
Rights and Obligations of the Parties
2.1. The User acknowledges and agrees that, in order to use the Site, they must provide the Company with complete, accurate, and up-to-date information requested by the Company and that they must confirm this Agreement. The Company may request additional information and documents from the User if it so desires. By accessing the Site through any social media account, the User acknowledges that they have granted the Company the necessary authority and permissions to access the Site through their account, within the scope of this Agreement.
2.2. If there are any changes to the information provided during the establishment of User status or at any other time to benefit from the services offered on the Site, the User shall promptly update such information. The Company is not responsible for any inability to use the Site due to incomplete, inaccurate, or outdated information.
2.3 The User declares that they have the legal capacity to enter into this Agreement. Under no circumstances may the User transfer their created accounts, username and password, or membership profiles to another user or permit their use by third parties.
2.4. The User is personally responsible for the use and management of all information, including accounts, usernames, and passwords used to access the Site. Any transactions made using the User's account, username, or password will be deemed to have been made by the User personally, and the User will be solely responsible for any losses incurred by the User and/or third parties due to the use, loss, or transfer of such information by anyone other than the User. The User shall immediately notify the Company of any unauthorized use of their password or any other breach of security.
2.5. The User shall comply with this Agreement and the conditions that may be published on the Site from time to time, as well as the law, morality, etiquette and principles of honesty in all transactions carried out on the Site, and shall not engage in any behaviour that may hinder the operation of the Site by any means, or act that violates or poses the risk of violating the rights of third parties.
2.6. All rights to the software, images, designs, text, logos and graphics on the Site belong to the Company. Copying the information and/or software used in the design, content and database creation of the Site and/or using it beyond the scope of shopping on the Site, as well as copying, distributing, processing and other use of any data and Content such as pictures, text, images, files etc. found on the Site is strictly prohibited. In addition, Users are prohibited from (i) taking any action that might threaten the security of the Site, prevent the operation of the Site's software or prevent other Users from using the Site, (ii) imposing a disproportionate load on the Site that could lead to these results, accessing information and Content published on the Site and/or entered by others in an unauthorized manner, copying, deleting, changing or attempting to do so; (iii) taking actions that would threaten the general security of the Site and/or may harm the Site, the Company or other Users; (iv) It is strictly forbidden to use or attempt to use software that will prevent the operation of the Site and the software used, or to disrupt or damage the operation of any software, hardware or servers, to reverse engineer, to organize attacks, to occupy or otherwise interfere with them, or to attempt to access the Company servers.
2.8. The Company attaches great importance to the protection of Users' personal data and complies with existing primary and secondary legal regulations regarding the protection of personal data. Users can access detailed information regarding the processing of their personal data by the Company within the scope of using the products and services offered on the Site in the Customer Information Text on the Processing of Personal Data, which is available to the public at [ information text ].
Regulations regarding the information and content provided by the User are regulated within the scope of the Customer Information Text on the Processing of Personal Data, which is an annex and an integral part of this Agreement, and the Company will not use the User information outside the scope specified in this Agreement and the Customer Information Text on the Processing of Personal Data and will not disclose it to third parties.
2.9.The User accepts that access to the Site may be temporarily blocked at the discretion of the Company for the implementation of improvements and other changes to the Site.
2.10. The Company reserves the right to unilaterally change, supplement, or renew this Agreement, its annex, the Customer Information Notice Regarding the Processing of Personal Data, and other conditions published on the Site, at any time, without giving any reason or providing any notice. Any changes made by the Company to the Agreement, the Customer Information Notice Regarding the Processing of Personal Data, and other conditions will become effective on the date they are published on the Site, and by using the Site, the User will be deemed to have accepted the updated conditions. The User will be solely responsible for regularly monitoring these documents.
2.11. All legal, administrative, and criminal liability arising from the use of the Site and the execution of related transactions through the Site shall be the responsibility of the User. The Company shall not be held liable, directly or indirectly, for any damages incurred or likely to be incurred by third parties as a result of the User's activities on the Site and/or during transactions and/or any actions contrary to this Agreement or the law. Any claims from third parties in this regard, or any damages incurred by the Company due to the User's failure to fulfill its obligations stipulated in the Agreement or relevant legislation, shall be recourse to the User upon first request, with all ancillary costs.
2.12.The User accepts, declares and undertakes that the sale of products on the Site is subject to the acceptance of a separate contract, that the products in the shopping cart are not kept for the User/the relevant stock is not kept until the purchase is completed, and that the provisions of the relevant consumer legislation are applied to the sales made through the Site.
2.13. In cases where the User provides services on the Site as an intermediary service provider, the User accepts, declares and undertakes that the sole addressee for all kinds of objections, questions, problems, complaints, stock status, and, but not limited to, requests for the safe execution of payment transactions, returns of goods or services offered, claims of defective goods or services, product/service return and exchange requests, and applications and disputes regarding the goods and services offered by third parties, primarily in accordance with the Law on Consumer Protection No. 6502, is the party providing the relevant product or service, and that the Company is not a party to transactions related to products and services offered by third parties, and that it does not carry out any transactions arising from the relevant legislation.
Limitation of Liability
3.1 The Company is not liable for any direct or indirect damages that may arise from accessing the Site, using the Site or the information and other data programs, etc., using the services, or Content shared on the Site, whether due to breach of contract, tort, or other causes, except for gross negligence. The Company assumes no liability for errors, omissions, deletion or loss of data, delays in transactions or communications, computer viruses, communication failures, theft, destruction, unauthorized access to, alteration of, or use of records, whether arising from breach of contract, tort, negligence, or other causes. The Company is hereby released from all liability, including court costs and other administrative expenses, that may arise from accessing the Site or sites indirectly linked to the Site, using the Site, or from the User's visit to and use of the Site.
3.2. ALL CUMULATIVE RISKS RELATED TO THE USER'S USE OF THE SITE, USE OF THE SERVICES, OR USE OF SHARED CONTENT WILL BE RESPONSIBLE AND EXCLUSIVELY borne by the USER. THE USER ACCEPT, DECLARES, AND UNDERTAKS THAT HE/SHE WILL NOT MAKE ANY CLAIMS OF ANY KIND FROM THE COMPANY REGARDING THE USE OF THE SITE AND THE CONTENT SHARED ON THE SITE, AND THAT THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE CONTENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, OR REPUTATION, ARISING OUT OF THE USE OF THE SITE, THE SHARING OF CONTENT, OR THE ACTIONS OF USERS. THE SITE AND THE PRODUCTS, SERVICES AND OTHER CONTENT OFFERED THROUGH THE SITE ARE PROVIDED "AS IS," AND IN THIS SCOPE, THE COMPANY DOES NOT HAVE ANY RESPONSIBILITY OR GUARANTEE WITH RESPECT TO THEIR ACCURACY, COMPLETENESS OR RELIABILITY. THE COMPANY DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT UNDER THIS AGREEMENT.
3.3. The User acknowledges and declares that links may be provided to other websites and/or platforms, files or contents that are not under the control of the Company through the Site, that third-party services may be offered and that such links do not constitute a representation or warranty of any kind regarding the website or the information it contains, in order to support the website or the operator/service provider to which they are directed, and that the Company has no responsibility for the platforms, websites, files and contents, services or products or their contents accessed through such links.
3.4. The User acknowledges and declares that access to the Site and the content offered through the Site and their quality largely depend on the quality of the service provided by the relevant internet service provider and that the Company has no responsibility for problems arising from the quality of the said service, that the operation of the Site is not free from defects and that technical disruptions or access barriers may occur from time to time.
3.5.The User acknowledges and declares that he/she is aware that the Company does not guarantee that there will be no viruses, worms or other attacks or unauthorized access to the Site or that no information will be transferred from or to the Site.
Force Majeure
In all cases deemed force majeure, the Company shall not be held liable for any late, incomplete, or non-performance of any of its obligations under this Agreement. Force majeure shall be interpreted as events beyond the reasonable control of the relevant Party, including, but not limited to, natural disasters, riots, wars, strikes, lockouts, malfunctions in telecommunications infrastructure, power outages, adverse weather conditions, epidemics, pandemics, and states of emergency. During the force majeure period, the Parties' obligations shall be suspended. If the force majeure lasts longer than one month, the Party whose rights cannot be fulfilled may terminate this Agreement.
Suspension, Transfer and Termination of the Agreement
5.1. If the User fails to comply with the provisions of this Agreement and the rules and conditions set forth on the Site, if the User's activities on the Site, particularly Content sharing, pose a risk in terms of legal, technical, or information security, or if they prejudice the personal or commercial rights of third parties, the Company may temporarily or permanently suspend the User's use of the Site or terminate the Agreement. The User shall not have any material or moral claims against the Company for this reason.
5.2.The Company may suspend or terminate the Site and/or this Agreement for a period of time or indefinitely at any time.
5.3. The User may not transfer this Agreement and/or any rights or obligations arising from it to third parties without the express written consent of the Company. The Company reserves the right to transfer this Agreement and any rights or obligations arising from it to third parties of its choosing.
Dispute Resolution
In all disputes that may arise regarding this Agreement, the provisions herein shall apply first, and for matters not covered by such provisions, Turkish law shall apply. Istanbul Central (Çağlayan) Courts and Enforcement Offices shall have jurisdiction to resolve disputes arising from the implementation of this Agreement.