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MEMBERSHIP AGREEMENT AND TERMS OF USE

MEMBERSHIP AGREEMENT AND TERMS OF USE

  1. SIDES

Goba Sanat ve Tasarım Hizmetleri Ltd., which consists of this agreement and the annexes that are an integral part of this agreement. Ltd. User Agreement (hereinafter referred to as 'User Agreement') Goba Sanat ve Tasarım Hizmetleri Ltd. Ltd. It has been arranged between the user and the user who is a member of the site, for the purpose of the user becoming a member of the site and at the time the User Agreement is approved by the user in the electronic environment where the site is located.

By becoming a member of the Site, you accept, declare and undertake that you have read the entire User Agreement, fully understood its content and approved all its provisions.

  1. DEFINITIONS

User: Natural or legal person who becomes a member of the Site by using the services offered on the Site, within the conditions specified in this User Agreement.

Buyer: Real or legal person who is a member of the site and purchases the goods and/or services offered for sale by the seller, within the conditions specified in this User Agreement, by using the services offered on the site.

Site: The website consisting of the domain name www.magnolistanbul.com and subdomains connected to this domain name.

Goba Art and Design Services Ltd. Ltd. (Service in short): Applications put forward within the Goba Sanat ve Tasarım Hizmetleri Ltd. Şti. site in order to enable Users to carry out their work and transactions defined in the User Agreement.

Goba Art and Design Services Ltd. Ltd. may make changes and/or adaptations to its Services at any time in order to enable users to perform the tasks and transactions defined in the User Agreement more effectively. Goba Art and Design Services Ltd. Ltd. The rules and conditions that Users are obliged to comply with regarding these changes and/or adaptations made by Goba Sanat ve Tasarım Hizmetleri Ltd. Ltd. It is announced to the users on the announcement board, which contains explanations regarding the use of the relevant service.

Product: Any goods and/or services offered for sale by the Seller on the Site.

Buy Now: Sales format in which the seller determines the product price as fixed

  1. SUBJECT AND SCOPE OF THE CONTRACT

 

  • The subject of the User Agreement, the services offered on the site, the conditions for benefiting from these services and the rights and obligations of the parties.
  • Goba Sanat ve Tasarım Hizmetleri Ltd. Şti. regarding the scope of the User Agreement, the User Agreement and its annexes, and the use, membership and services on the site. Ltd. All statements such as warnings, articles and explanations made by.

  1. MEMBERSHIP AND SERVICE TERMS OF USE

 

  • Membership is made through the relevant section of the Site, by the person who wants to become a user, by submitting the necessary identification information to become a member of the site, and by registering with Goba Sanat ve Tasarım Hizmetleri Ltd. Ltd. The registration process is completed by approving the registration process. Before completing the membership process, you have the right and authority to become a user defined in this User Agreement.

In order to become a member of the site, you must have the rights and capacity to act in the Turkish Civil Code No. 4721 and in accordance with Article 5.2 of this agreement, Goba Sanat ve Tasarım Hizmetleri Ltd. Ltd. You must not be temporarily suspended from membership or banned from membership indefinitely by. Goba Sanat ve Tasarım Hizmetleri Ltd., which does not have the capacity to act and rights, or as stated above, in accordance with Article 5.2 of this User Agreement. Ltd. Completing the site registration process of persons who have been temporarily suspended from membership or indefinitely banned from membership by the Company will not result in them becoming members of the site, and the transactions made by these persons in the capacity of "Buyer" on the site will be deemed legally invalid.

  1. RIGHTS AND OBLIGATIONS

5.1. User's Rights and Obligations

  • While fulfilling the membership procedures, benefiting from the services of the site and performing any transaction related to the services on the site, the User agrees to comply with all the terms contained in the User Agreement, the rules specified in the relevant parts of the Site and all applicable legislation, and all the above-mentioned terms and rules. He accepts, declares and undertakes that he understands and approves.
  • In accordance with the provisions in the Privacy Policy as well as the mandatory legislation in force or in cases where the rights of other Users and third parties are alleged to have been violated, Goba Sanat ve Tasarım Hizmetleri Ltd. Şti. will be authorized to disclose its confidential/private/commercial information to both official authorities and rightful persons, and for this reason, Goba Sanat ve Tasarım Hizmetleri Ltd. It accepts, declares and undertakes that no compensation can be claimed from Şti. under any name.
  • Users Goba Art and Design Services Ltd. Ltd. Users are entirely responsible for the security, storage, keeping away from third party information and usage of the system access tools (user name, password, etc.) they use in order to benefit from the services offered by. Goba Sanat ve Tasarım Hizmetleri Ltd. is responsible for any damages that users and/or third parties have suffered or may suffer due to all negligence and faults of users 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. Ltd. has no liability, direct or indirect.
  • Users accept, declare and undertake that the information and content provided by them within the site is accurate and legal. Goba Sanat ve Tasarım Hizmetleri Ltd. Ltd. Goba Art and Design Services Ltd. by users. Goba Sanat ve Tasarım Hizmetleri Ltd. Şti. or uploaded, changed or provided by them through the site, to investigate the accuracy of the information and contents, to ensure that this information and contents are safe, accurate and lawful. Ltd. and is not obliged or responsible to guarantee it, nor can it be held responsible for any damages that may arise due to the incorrect or inaccurate information and content in question.
  • Users, Goba Art and Design Services Ltd. They cannot transfer their rights and obligations under the User Agreement, partially or completely, to any third party without the written consent of Şti.
  • Goba Art and Design Services Ltd. Those who benefit from the services offered by Şti. and those who use the site operate on the site only for lawful purposes. Users bear legal and criminal liability for every transaction and action they make within the site. Each User, Goba Art and Design Services Ltd. Ltd. and/or will not reproduce, copy, distribute or process the images, texts, visual and audio images, video clips, files, databases, catalogs and lists contained within the site in a way that would violate the real or personal rights or assets of another third party. Goba Art and Design Services Ltd. through its actions and other means. Ltd. It accepts, declares and undertakes that it will not compete directly and/or indirectly with. Goba Art and Design Services Ltd. Ltd. cannot be held responsible in any way, directly and/or indirectly, for any damages that third parties have suffered or may suffer due to the activities carried out by users on the Site in violation of the provisions of the User Agreement and/or the law.
  • Users agree that they will not engage in any behavior that will manipulate the operation of the Site, otherwise Goba Sanat ve Tasarım Hizmetleri Ltd. They accept, declare and undertake that they will compensate any damages that may be incurred by Şti.

5.2. Rights and Obligations of the Buyer

  • When the buyer makes a request to purchase the product; The customer is deemed to have accepted the product description and the sales conditions and procedures determined by the seller.
  • BUYER can cancel the contract in writing (letter, fax, e-mail, telegram, warning) within 14 days following the signing of the contract without giving any reason. If the products with their original packaging are intact are sent back, these products can be returned without reservation, provided that the shipping costs belong to the BUYER. It will be delivered unconditionally by the SELLER. The SELLER reserves the right to recourse against the BUYER due to damage or losses that may occur on the product during return.
  • The buyer is Goba Sanat ve Tasarım Hizmetleri Ltd. in accordance with the Law on Consumer Protection No. 6052 and the Regulation on Distance Contracts. Şti. declares and undertakes that it has accepted the preliminary information form and distance contract regarding the products.
  • The Buyer is Goba Sanat ve Tasarım Hizmetleri Ltd. Şti. on the Site within the framework of the Law on Consumer Protection No. 6052 and the Regulation on Distance Contracts. Şti. accepts, declares and undertakes that it will approve the preliminary information form and distance contract prepared based on its user information.
  • The Buyer acquires the right to use the products acquired within the scope of the payment made.
  • The BUYER reserves the right to recourse to the SELLER for any damages that may arise due to late performance of the contract.
  • BUYER cannot import or export the products subject to the contract under any name within the borders of the Republic of Turkey without the consent of the SELLER, or market them within the country, or in any place other than the specified place, due to the damages that may occur due to the SELLER being the Turkey Distributor of the products in question. The right to request from is reserved.
  • The "user names" or "company" names that the buyers upload to the system while becoming a member of the Site are also subject to the provisions contained in this User Agreement, and while determining the "user name" or "company" name of the Users, third parties' copyrights, trademarks, does not violate legal rights such as title. In case the Users act contrary to the provision of this article, Goba Sanat ve Tasarım Hizmetleri Ltd. Ltd. It may request the User to correct this situation that is contrary to the User Agreement, or may cancel the user's membership temporarily or permanently without prior notice to the User.

5.3. Rights and Obligations of the Seller

  • The Seller accepts, declares and undertakes that the ownership of the Product(s) offered for sale on the Site belongs to him and/or that he is authorized to transfer the ownership and that there is no legal or other obstacle against the sale of the Product(s) by him. It does.
  • The Seller has the right and authority to offer and sell a product to be offered for sale on the site at a fixed price announced in advance. If the Seller accepts that the Buyer will pay the price of the product in the sales system provided on the site and pays the specified price for the relevant product, he/she is entitled to buy the product and accepts it. , declares and undertakes.
  • The Seller undertakes to ensure that the Product(s) offered for sale, including Prohibited Products, comply with the rules and applicable legislation regarding the use of the Site and the Services offered on the Site, determined by the provisions of the User Agreement or specified in certain parts of the Site. Goba Art and Design Services Ltd. Ltd. accepts, declares and undertakes.
  • The Seller accepts that he/she has all legal responsibility for the Products displayed on the site.
  • The Seller ensures that the Products offered for sale on the Site are not among the Prohibited Products; He accepts, declares and undertakes that he will be solely responsible for any liability that may arise due to the product being sold, distributed or offered for sale on the Site in any way contrary to any applicable regulations.
  • In accordance with the User Agreement, the Seller undertakes to send and deliver the Product on time, undamaged, in accordance with the specifications stated on the site and free of defects; He accepts, declares and undertakes that the sale of the Product to the Buyer, the transfer of ownership and related rights and the obligations belong solely to him.
  • The Seller declares that he/she will create a preliminary information form and a distance contract in line with the information given regarding the Product subject to sale in accordance with the Law on Consumer Protection No. 6052 and the Regulation on Distance Sales regarding the Products sold on the site, and that he/she will strictly comply with these provisions, and will not take any action that restricts or eliminates the provisions. He accepts, declares and undertakes that he will not make or make any declaration.
  • The seller accepts, declares and undertakes that it will be responsible for the accuracy of the information regarding the user and the product subject to the preliminary information and distance contract, and that it is obliged to check the accuracy of this information provided by it.
  • The Seller accepts, declares and undertakes that the preliminary information form and distance sales agreement regarding the Product offered for sale on the Site do not eliminate its liability within the framework of the provisions set out in the User Agreement.

  1. SERVICES

Goba Art and Design Services Ltd. Ltd. The basis of the Services provided by is to provide a secure payment infrastructure for transactions made through the Site.

  1. PRICING

Goba Art and Design Services Ltd. Ltd. Changes regarding service fees will take effect from the moment the change is announced. Unless otherwise stated on the Site, all fees to be charged for the Services on the Site will be calculated and collected in Turkish Lira (TL).

  1. PRIVACY POLICY

Goba Art and Design Services Ltd. Ltd. It may use information about Users in accordance with the regulations in the Privacy Policy. Goba Art and Design Services Ltd. Ltd. Users' confidential information is not made available to third parties and institutions, except as permitted in the User Agreement and Privacy Policy.

  1. OTHER PROVISIONS

 

9.1. Intellectual Property Rights

  • All elements of the Site (including but not limited to design, text, images, html code and other codes) (works subject to the copyright of Goba Sanat ve Tasarım Hizmetleri Ltd. Şti.) are the property of Goba Sanat ve Tasarım Hizmetleri Ltd. Şti. Şti. and/or Goba Sanat ve Tasarım Hizmetleri Ltd. Ltd. It is used under a license obtained from a third party. Users and Buyers, Goba Sanat ve Tasarım Hizmetleri Ltd. Şti., Goba Sanat ve Tasarım Hizmetleri Ltd. Ltd. information and Goba Art and Design Services Ltd. Şti.'s copyrighted works, cannot resell, share, distribute, exhibit, reproduce, create or prepare derivative works from them, or use anyone else's Goba Sanat ve Tasarım Hizmetleri Ltd. Şti. cannot allow Şti. to access or use its Services; Otherwise, Goba Sanat ve Tasarım Hizmetleri Ltd. Ltd. will not be liable for damages incurred by third parties, including but not limited to licensors. They will be responsible for covering the amount of compensation requested from Şti. and all other liabilities, including but not limited to court costs and attorney fees.
  • Goba Art and Design Services Ltd. Şti., Goba Sanat ve Tasarım Hizmetleri Ltd. Ltd. services, Goba Art and Design Services Ltd. Ltd. information Goba Art and Design Services Ltd. Ltd. copyrighted works, Goba Sanat ve Tasarım Hizmetleri Ltd. Ltd. trademarks, Goba Sanat ve Tasarım Hizmetleri Ltd. Ltd. All rights regarding all assets, real and personal rights, commercial information and know-how, including any material and intellectual property rights acquired through its commercial appearance or the site, are reserved.
  • Users, Goba Art and Design Services Ltd. They accept, declare and undertake that they will act in accordance with the rules regarding the use of the Brand and Logo of Şti.

9.2. Force Majeure

Products are lost or damaged beyond use due to war, riots, civil unrest, events such as fire, maritime events, floods, hurricanes, earthquakes and other natural disasters that will make the delivery or purchase mentioned in this contract impossible, strikes, lockouts and government orders. Decisions taken by official authorities or courts that will partially or completely eliminate or change working, operating, buying and selling opportunities, and events that occur beyond the control of the parties that will supply products and that they cannot foresee and take precautions are considered as force majeure.

In the event of force majeure, either party cannot be held responsible for not fulfilling and/or delaying the obligations they have undertaken under this agreement. However, force majeure does not constitute a reason to suspend the payment of the SELLER's receivables that have become due and the receivables will be paid on maturity. When force majeure occurs, the other party will be notified verbally as soon as possible and/or in writing within 7 calendar days.

9.3. Termination of Contract

This User Agreement will remain in force as long as the User is a member of the Site and will continue to have provisions and consequences between the parties; It will be deemed to have ended if the User's membership expires or his membership is temporarily or permanently suspended. Goba Art and Design Services Ltd. Ltd. In case the users violate this User Agreement and/or similar rules regarding the use, membership and services on the Site, and especially in the cases listed below, they may terminate the User Agreement unilaterally without any period of time, and the Users shall be entitled to terminate the User Agreement without any period of time. Due to this, Goba Art and Design Services Ltd. Şti. will be obliged to compensate for all damages suffered by:

  • The User engages in behavior that will manipulate the operation of the Site by using any method,
  • The User transfers or makes available for use the User profile created for his company in the corporate section,
  • The User is involved in acts that violate and/or are at risk of violating the rights of third parties,

9.4. Applicable Law and Jurisdiction

Turkish Law will be applied in the implementation, interpretation and management of legal relations arising within the scope of this User Agreement. Istanbul (Central) Courts, Enforcement Offices and Consumer Arbitration Committees located in the place where the Buyer and the Seller reside within the monetary limits determined within the framework of the legislation are authorized to resolve any dispute arising or that may arise from this User Agreement.