use and membershıp agreement
This membership agreement has been entered into force by mutual acceptance with the electronic approval of the “Member” while becoming a member of www.fu-ha.com (hereinafter referred to as the “site”) and www.fu-ha.com.
The User accepts, declares and undertakes that he/she has read the entire Membership Agreement, understood its content in its entirety and approved all its provisions, with the electronic approval given while subscribing to the Site.
Volkan Şaşmaz, the sole proprietorship of the website www.fu-ha.com, is located at Muhsin Yazıcıoğlu Cad. No: 37/12 Pendik/İSTANBUL (hereinafter referred to as the “seller”)
Site: It is the website that can be accessed from the online environment where various services and content are offered within the framework determined by www.fu-ha.com.
Member: A natural or legal person who is a member of the Site and benefits from the Services offered on the Site, within the conditions specified in this contract.
Buyer: The Member who purchases the goods and/or services offered for sale by using the Services offered on the Site.
User: The person who visits the www.fu-ha.com website with or without shopping.
Approval Process: It is the process that must be done by the member in order to activate the membership of the User by sending a message from the website www.fu-ha.com in the membership form.
Subject and Scope of the Agreement
The subject of the Membership Agreement is the determination of the Services offered on the Site, the terms of benefiting from these Services, and the rights and obligations of the parties.
The scope of the Member Agreement is this agreement and its annexes, as well as all warnings, texts and statements 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 kinds of statements made by the seller regarding the use, membership and Services contained in the Site. The Member accepts, declares and undertakes to act in accordance with all matters specified in the aforementioned statements.
The www.fu-ha.com website consists of electronic commerce defined in the Consumer Law legislation in general.
www.fu-ha.com website, including but not limited to the services to be provided through the Site; The products offered for sale at www.fu-ha.com; After the price is paid by the member, if the stock status of the supplier is available, that is, what the contract imposes on the seller; if the obligation to deliver the goods is executable; It is the delivery of the goods to the customer by the cargo company on behalf of www.fu-ha.com without any defects within the promised time.
www.fu-ha.com is completely free to determine the scope and nature of the services it will provide through the Site, and it is deemed to have put into effect the changes it will make regarding the services by publishing it on the Site.
In order to benefit from the services to be provided within the site, users must have the features to be determined by www.fu-ha.com and to be specified in the content of the relevant section of the Site. www.fu-ha.com 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 it on the Site.
Terms of Membership and Service Usage
Membership is completed by the person who wants to become a member from the relevant section of the Site, by sending the necessary identification information to become a member of the Site, by sending the registration process and by the seller’s approval of the registration process. Until the membership process is completed, you cannot have the right and authority to become a Member defined in this agreement.
In order to become a member of the site, it is necessary to be of age, to be authorized to represent and bind the legal person for legal person members, and not to be temporarily suspended from membership or banned from membership indefinitely by the seller within the scope of this contract. For minors or legal person members, applications made through persons who are not authorized to represent and bind the legal person, or as stated above, the seller has been temporarily suspended or suspended from membership within the scope of this contract; Applications made by people who have been banned from membership indefinitely, even if the Site registration process has been completed, it prevents the use of the rights arising from the Membership.
The Seller may at any time unilaterally terminate this agreement and terminate the membership of the Member, or temporarily suspend the membership of the Member without giving any reason, without giving any notice and without any obligation to pay any compensation, with immediate effect. Decisions to terminate, terminate membership and stop membership specified in this article are completely in violation of this agreement, violation of the rules specified on the site, the seller’s determination that the situation arising as a result of the transactions or transactions of the Member poses a risk in accordance with the seller’s information security system, or the seller’s commercial decisions or It will be given by the seller’s own will, in line with the assessment that the situation created by the seller poses a legal risk.
RIGHTS AND OBLIGATIONS
Member Rights and Obligations
The Member acts in accordance with all the 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 Services of the Site and performing any transactions related to the Services on the Site. It accepts, declares and undertakes that it will understand and approve all the terms and rules set forth in this contract.
The member states that in accordance with the provisions of the mandatory legislation in force or in cases where the rights of other members and third parties are alleged to be violated, the seller will be authorized to disclose his/her confidential/private/commercial information to both the official authorities and the right holders, and for this reason, regardless of the name of the seller. accepts, declares and undertakes that no compensation can be claimed.
Members are solely responsible for the security, storage, keeping away from the information of third parties and their use of the means of accessing the system (User name, password, etc.) used by the Members in order to benefit from the Services offered by the seller. The seller does not have any direct or indirect responsibility for the damages incurred or to be incurred by the Members and/or third parties due to all the negligence and faults of the Members in matters such as the security, storage, keeping away from the information of third parties, use of the means of accessing the system.
Members accept, declare and undertake that the information and content provided by them within the Site are correct and in compliance with the law. The Seller is not liable and responsible for investigating the accuracy of the information and content transmitted by the Members to the Seller or uploaded, changed or provided by the Members on the Site, and undertaking and guaranteeing that this information and content is safe, accurate and legal. It cannot be held responsible for any damage that may occur due to its wrong or wrongdoing.
Members cannot, in whole or in part, transfer their rights and obligations under the Membership Agreement to any third party without the written consent of the seller.
Those who benefit from the Services offered by the Seller and those who use the Site can only transact on the Site for lawful purposes. The legal and criminal responsibility of the Members in every transaction and action they take within the Site belongs to them. Not to reproduce, copy, distribute pictures, texts, audiovisual images, video clips, files, databases, catalogs and lists on the Site, in a way that would infringe the same or personal rights or property of any Member, seller and/or any other third party, accepts, declares and undertakes that it will not engage in direct and/or indirect competition with the seller either by these actions or by other means. The Seller cannot be held responsible in any way, directly and/or indirectly, for the damages incurred or to be incurred by third parties due to the activities of the Members on the Site in violation of the provisions of the Membership Agreement and/or the law.
The seller, the seller’s employees or managers are not responsible for the services provided and the content published on the Site by third parties, including the Members. The commitment of 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 who perform 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 the Members who are entitled to participate in the campaigns and sweepstakes within the scope of all kinds of campaigns and sweepstakes to be realized by the seller through the Site will share their membership information with the persons and institutions related to the campaign and the lottery and will not demand any compensation from the seller for this reason.
The Member is obliged to fulfill the measures and procedures required by the legislation regarding the transactions he/she performs on the Portal, such as advertisers, producers, taxpayers or similar titles, that the seller has no authority and responsibility regarding these measures and procedures, It accepts, declares and undertakes that it will be responsible for any damages incurred or to be incurred by other Members, the seller and/or third parties due to all their negligence and faults that will result in failure to comply with the procedures.
After completing the sections required for registration and confirming his e-mail address, the member can start using the Site by entering his e-mail address and password, provided that he complies with the conditions specified in this contract.
While the Member is using the Site and its services, the Turkish Penal Code, the Turkish Commercial Code, the Law on Intellectual and Artistic Works, the Decree-Laws and Legal Regulations on the Protection of Trademark and Patent Rights, the Law of Obligations, other relevant legislation provisions and any and all kinds of information to be published by the Site regarding its services. agrees to comply with announcements and notices. All legal, penal and financial responsibilities that may arise due to these notifications and illegal use belong to the member.
The information of the members visiting the site (visit frequency, visit times, etc.) is followed in order to serve them better. This information, adhering to the terms of privacy, advertising, etc. in order to expand and improve the content. It is shared with the companies that cooperate on the issues. The purpose here is to improve the service offered by the site to its users and to enrich the content offered by the Site.
Rights and Obligations of Buyers
By making a request to buy the exhibited product, the buyer is deemed to have accepted the sales conditions and procedures determined by the seller together with the product description.
The Buyer, including but not limited to, whether the products offered for sale by the Manufacturers on the Site are defective, whether they are from the Prohibited Products, whether they are illegal, their quality, originality, the accuracy and completeness of the written and/or visual explanations used in the promotion of the product. It accepts and declares that the seller is not and does not have to know about any subject related to the original product, and is not obliged to undertake and guarantee them.
If the Buyer refuses to sell or deliver the product at any stage of the buying and selling process on the Site and for whatever reason, the seller will not have any responsibility or liability for this situation; The seller accepts, declares and undertakes that he cannot demand the supply of the product or its equivalent, which he is trying to buy, or any compensation based on it, under any circumstances.
The Buyer accepts, declares and undertakes that in accordance with the Law No. 6205 on the Protection of the Consumer and the Regulation on Distance Contracts, the seller will create the preliminary information form and the distance sales contract regarding the products within the Secure shopping system Service.
The Buyer accepts, declares and undertakes that he will approve the preliminary information form and the distance sales contract, which is prepared on the site based on the membership information of the seller and the information given by the Manufacturer regarding the product subject to sale, within the framework of the Law on the Protection of the Consumer No. 6205 and the Regulation on Distance Contracts.
Rights and Obligations of the Seller
Ability to change the Services and content offered on the Seller Site at any time; It reserves the right to close and delete the information and content uploaded to the system by the Members to the access of third parties, including the Members. The Seller may use this right without giving any notice or giving any notice. Members are obliged to promptly implement the changes and/or corrections requested by the seller. Changes and/or correction requests requested by the seller can be made by the seller, if deemed necessary. The damages, legal and penal responsibilities that arise or may arise due to the Members not fulfilling the change and/or correction requests requested by the Seller in a timely manner belong entirely to the Members.
Seller makes marketing, promotion and communication regarding the membership information on the Site, User security, fulfilling its own obligations, and the websites created by the group companies mentioned on the home page of the Site and the Site (www.fu-ha.com) within its own body. and for some statistical evaluations. They can classify and maintain 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 is responsible for the messages and/or content between Users that are contrary to the operation of the Site and/or the Membership Agreement and/or the general rules of the Site and/or general morality and which cannot be accepted by the “Seller” or “X”. it can scan the necessary content and / or message in order to detect it and remove the messages and / or content it detects from access at any time and in any way; The Seller may warn the Member who created this message and/or content in writing and/or 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, representation or employee-employer relationship arises.
The “usernames” that the Members upload to the system while becoming a member of the Site are subject to the provisions of this Membership Agreement, and the Members must not violate the legal rights of third parties such as copyright, trademark, trade name while determining the “username”. In the event that the Members violate the provision of this article, the seller may request the correction of this situation, which is contrary to the Membership Agreement, or may cancel the Member’s membership temporarily or permanently, if he wishes, without prior notice to the Member.
The Seller agrees, declares and undertakes that it will keep the preliminary information form and distance sales contracts regarding the sales made on the Site for 3 years and will share this distance sales contract and preliminary information form at the request of the Buyer and the Manufacturer within this period. The seller does not keep the credit card information of its customers in the system.
The name and Internet Protocol (IP) address of the Internet service provider used by the Seller to access the site for the improvement and development of the www.fu-ha.com website and/or within the framework of the legal legislation, the date and time the site was accessed, the pages accessed while on the site, and Some information may be collected, such as the Internet address of the Web site, which provides a direct connection to the site.
The Seller may use the personal information of the members to provide better service to their members, to improve their products and services, to facilitate the use of the site, in the works aimed at the special preferences and interests of the Members. The seller reserves the right to keep a record of the member’s actions on the www.fu-ha.com website.
The seller may limit the member, user or buyer’s right to use the www.fu-ha.com website rules or any obligation stipulated in this contract or any action or transaction contrary to any law, regulation and other legislation without any notice or warning. , suspend or cancel membership. In such cases, the member, user or buyer cannot demand or collect any negative or positive damages, 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 the copyright of the Seller) are used by the seller and/or under a license obtained from a third party by the seller. Members cannot resell, share, distribute, display, reproduce, create or prepare derivative works from the seller’s Services, seller information and the seller’s copyrighted works, or allow anyone else to access or use the seller’s Services; otherwise, they will be responsible for meeting the amount of compensation demanded from the seller for the damages incurred by third parties, including but not limited to the licensors, and any other obligations, including but not limited to court costs and attorney’s fees.
All assets, real and personal rights, commercial information and know-how of the seller, including any material and intellectual property rights owned by the seller through the seller Services, seller information, works subject to seller copyrights, seller trademarks, seller commercial appearance or the Site. All rights reserved.
This agreement will remain in effect until the member cancels his membership or his membership is canceled by the seller. In the event that the member violates any provision of the membership agreement, the seller may terminate the agreement unilaterally by canceling the membership of the member.
Limitation of Liability
www.fu-ha.com, accessing the Site, programs etc. of the Site or the information and other data on the Site. is not liable for any direct or indirect damages that may arise due to breach of contract, tortious act, or other reasons due to the use of www.fu-ha.com as a result of breach of contract, tort, negligence or other reasons; does not accept any responsibility for interruption of the transaction, error, negligence, interruption. Accessing this Site or other linked websites or using the Site, www.fu-ha.com is liable for any and all damages, including court and other costs, that may arise as a result of use/visit. It is considered to be separated from the right of claim.
www.fu-ha.com may assign this agreement in whole or in part at any time without notice. However, the User and the Member cannot transfer this agreement or any part of it to another party. Such a transfer attempt is invalid.
Applicable Law and Authority
In the implementation of this contract, the Consumer Arbitration Committees and the CONSUMER COURTS in the seller’s place of residence are authorized up to the value declared by the Ministry of Industry and Trade. In case the order is confirmed electronically, the Buyer shall be deemed to have accepted all the provisions of this contract. In case of any dispute between the parties and/or third parties’ complaints, the seller’s records and documents, e-mail correspondence, system records on the website (including records in magnetic media such as computer-sound recordings) constitute conclusive evidence exclusively within the meaning of HMK 193. will.
Membership registration means that the member has read all the articles in the membership agreement and accepted the articles in the membership agreement. This Agreement was concluded at the time of the member’s membership and entered into force mutually. The seller can change the provisions of this contract at any time, and the changes are published on the site by specifying the version number and date of change and enter into force on the same date.
I READ, I ACCEPT AND I CONFIRM