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MYSA MOON FASHION TASARIM TEKSTIL URUNLERI SANAYİ VE FOREIGN TRADE LIMITED COMPANY ONLINE MEMBERSHIP AGREEMENT AND TERMS OF USE

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This Mysa Moon Moda Tasarım Tekstil Ürünleri Sanayi ve Dış Ticaret Limited Şirketi Online Customer Agreement and Terms of Use (shortly “ Agreement ”) is the owner of all rights of the www.mysamoon.com website, application and all related applications (shortly “ Site ”). It is between Mysa Moon Moda Tasarım Tekstil Ürünleri Sanayi ve Dış Ticaret Limited Şirketi and the Customer who has defined his identity and contact information in the system prior to the acceptance of this Agreement or purchased products from the Site even if he has not.

The subject of the contract

The subject of this Agreement is to provide the opportunity to purchase products through the platform owned by Mysa Moon and to determine the mutual rights and obligations of the parties. The Customer accepts, declares and undertakes that he/she has read, understood and approved all the provisions of this Agreement in case he/she makes a purchase from the Site as a Customer or without a Customer.

Rights of Mysa Moon

    • For security reasons, Mysa Moon can monitor and record all activities of the Customer on the Site and/or, when deemed necessary, may intervene in any way such as removing the Customer from the Site, freezing the Customer, canceling the Customer.
    • Mysa Moon may change the form and content of the Site partially and/or completely, as well as change the domain name the Site broadcasts on, use different subdomains, make domain name redirection and/or close the domain name without prior notice to the Customer.
    • Mysa Moon may change the scope and/or types of services offered on the Site, as well as partially or completely freeze, terminate or cancel the services offered on the Site, at any time and/or without giving a reason, without informing the Customer beforehand.
    • Mysa Moon may make changes and/or updates to the service, terms of sale and/or operation at any time in order to carry out the work and/or transactions specified in the Contract more effectively. Customers accept and declare in advance that they accept these changes and will act in accordance with these changes.
    • This Agreement does not include any commitment for the sale of Mysa Moon's products. The customer cannot claim any rights or receivables under any name from Mysa Moon for these and other reasons.
    • Mysa Moon has the right to unilaterally suspend, terminate and/or cancel the membership if the Customer becomes a member of the Site. The customer accepts, declares and undertakes that there is no right of objection in this regard.
    • Mysa Moon For all legal purposes, including but not limited to purposes such as conducting user profile and market research, creating sales and site usage statistics, provided that it fulfills its obligation to inform and, if necessary, to obtain consent in accordance with the provisions of the Law No. 6698, and to comply with other security measures. 's identity, address, contact and site usage information can be collected in a database and processed. In addition, Mysa Moon may share this information with third parties/institutions in order to comply with the obligations imposed by the law or when requested in terms of investigations or investigations carried out by the authorized judicial or administrative authority, or in order to protect the rights and safety of users.
    • The obligation to change the price and product feature information of the products and services offered for sale in the Mysa Moon system belongs to Mysa Moon.
    • Mysa Moon may make changes in the implementation of this Agreement, amend existing articles or add new articles, provided that they are not to the detriment of users in order to comply with future technical requirements and legislation.
    • If a link is provided by the customer or by Mysa Moon for ease of reference only, this cannot be interpreted as meaning that Mysa Moon has been given to support the websites to which the links given are directed, or it cannot be accepted as any representation or guarantee given by Mysa Moon regarding the said website or its content. Mysa Moon does not accept any responsibility for the sites, files and contents accessed in this way.

Customer's Obligations

    • If the customer wishes to become a member, it is completed by fulfilling the membership procedure specified on the Site and completing the registration process. By becoming a member, the customer also accepts the provisions of this Agreement and all kinds of statements made/to be disclosed by Mysa Moon regarding membership and services.
    • The customer states that the identity, payment information, address and/or contact information that he/she has specified in his/her transactions are complete and correct, and that in case of any change in his/her information, he/she will immediately forward this information to Mysa Moon in writing, accepts and declares that he will be solely responsible for any legal disputes and/or damages. No liability can be attributed to Mysa Moon for this reason.
    • If the customer becomes a member, in addition to the information in article 4.2, the information he has specified in the membership process is correct and complete, that if there is a change in his information, he will immediately send this information to Mysa Moon in writing, that his orders will be arranged in accordance with the information he has given, that the information is incomplete and complete. He/she accepts and declares that he/she will be solely responsible for any legal disputes and/or damages that may arise due to his/her incorrect statement. No liability can be attributed to Mysa Moon for this reason.
    • The Customer, while using the services specified on the Site, will act in accordance with the laws of the Republic of Turkey and the general moral rules, will not engage in insults, threats, slander, harassment and similar actions, will not make political and/or ideological propaganda, will not engage in disturbing behavior against other Customers, He/she accepts and undertakes that he/she will stay away from any behavior that may disgrace the institutions and that he/she will avoid any action that may cause disruption or interruption of the services provided on the Site, otherwise he will be personally responsible for any damages that may occur.
    • The customer agrees and undertakes that he will not violate the rights of third parties under the intellectual property law, will respect the copyrights of third parties, will not engage in unfair competition, and will respect the trade secrets and private lives of third parties.
    • The Customer accepts and declares that he will use a password that cannot be easily guessed by others, that he will not share his user name, password and similar information with others while using the Site, and that he will be personally and solely responsible for this security, and Mysa Moon will not be responsible in any way.
    • The customer undertakes that he will not engage in fraudulent behavior, will not interfere with the security mechanism of the Site, otherwise he will be responsible for any damages that may occur and will cover all damages that Mysa Moon may suffer.
    • If the Customer becomes a member, he/she will only use his/her own membership account, will not use the account information of other Customers and/or will not allow others to use his/her membership account, otherwise, if Mysa Moon determines the membership and undelivered orders can be canceled and any damages incurred/will arise. agrees and declares that it will
    • The Customer agrees and undertakes that he will not send or share malicious programs, software, code and/or similar materials to the Site, and that he will avoid any action that may endanger the safety of the Site and other Customers.
    • The customer cannot transfer his rights and obligations arising from this Agreement and his membership account to third parties if he becomes a member of the Site.
    • The Customer may not restrict or prevent others from using the Site and may not interfere with the operation of the Site or the servers or networks used to make the Site usable.
    • Mysa Moon is not responsible for any direct or indirect damages that may occur due to virus attacks affecting the computer hardware and/or information obtained from the Site, or to the access and use of the Site by the Customer.
    • The Customer agrees that he will not use any tool, software and/or tool to interfere with or attempt to interfere with the operation of the Site, that he will not connect to the Site and take action without authorization, that he will not access or use the software and data of other internet users without permission.
    • The Customer accepts that the products purchased through the Site are for personal use and not for resale.
    • The Customer accepts, declares and undertakes that if he/she wishes to cancel the order made through the Site, he/she will notify this request within at least 24 (twenty-four) hours from the time the order was placed, in a way that will be indicated to him/her. For the return of the delivered products, the provisions of the Preliminary Information Text, Distance Sales Contract and relevant legislation will be applied. Delivery and return will be made as specified in https://www.mysamoon.com/tr/teslimat-ve-return-conditions .
    • The Customer is responsible for all kinds of work and transactions made through the Site; accepts, declares and undertakes that he/she will not put forward any objection and/or objection that he/she did not carry out the work and transactions performed here, and/or will not abstain from fulfilling his obligations based on this statement or objection.
    • The customer accepts, declares and undertakes not to open more than one membership account by using a different user name. If Mysa Moon determines that a person who has been unsubscribed, whose membership has been suspended or suspended for any reason, in violation of this rule, has opened one or more membership accounts with a different user name to re-enter the Site, Mysa Moon will be responsible for all membership accounts of this person. will be entitled to cancel this agreement without any notice and to terminate this agreement unilaterally without any compensation obligation.

Terms of Payment

    • The customer can only pay the price of the products to be purchased with the online payment method.
    • The customer accepts that he has to pay the price of the purchased products with the selected payment instrument, otherwise the services will not be delivered to him.
    • The customer is responsible for the accuracy of the card information to be given during the online payment method and acknowledges and declares that he knows that Mysa Moon has collected the payment in his own name and account, and that the sales relationship will be established between him and Mysa Moon.
    • In payments made using the online payment method option, if the card is used unlawfully by someone other than the holder of the card, transactions are made in accordance with the provisions of the Bank Cards and Credit Cards Law and the Regulation on Bank Cards and Credit Cards. Orders paid with online payment method are arranged by Mysa Moon, who receives the receipt/invoice order against the order.
    • Secure electronic commerce ( Get ) service is the service of providing the infrastructure by Mysa Moon in order to enable the Customer to purchase the products offered for Online Sale using the Site infrastructure.
    • In the Get service, the Customer makes the purchase request of the product offered for sale on the Site, using the Site infrastructure by confirming that he has read and accepted the Distance Sales Agreement and the Preliminary Information Text. The Customer declares, accepts and undertakes that he accepts the conditions set forth in this Agreement, the Preliminary Information Text and the Distance Sales Agreement regarding the sale of the Product offered for sale, with a purchase request sent to Mysa Moon in this way. The customer agrees and undertakes to purchase the product related to this purchase request.
    • In the rejection service, if Mysa Moon has foreseen a sales method for determining the final sales price as a result of the offers to be made by the Customer within certain price ranges of the product, the Customer makes an offer to Mysa Moon to purchase the product by using the "Buy" button. When Mysa Moon accepts the Customer's offer, an agreement is established between the parties. The acceptance declaration is sent to the Customer's e-mail address via the system and simultaneously displayed in the Customer's Mysa Moon Customer Account, if any. Mysa Moon has to make the declaration of acceptance or rejection using the address customercare@mysamoon.com. Mysa Moon has no responsibility for acceptance or rejection statements made without using an e-mail address. If the product price agreed by the parties is not deposited into the Secure Account, which is the pool account where the payments made by the Customer in the Get service, are kept by the Customer, within 3 (three) business days following the acceptance of the Customer's offer by Mysa Moon in the manner specified in this article, the agreement between the parties shall be deemed to have been terminated automatically. In the Get Service, if the Customer makes the payment for the product after adding to the cart, a contract is established between the Parties.
    • The Customer is deemed to have accepted the sales conditions and procedures determined by Mysa Moon with the purchase requests made by using the infrastructure of the Site through the Site.
    • The Customer can only perform the money debt by transferring money to the Secure Account for the purchase requests made through the Get service using the infrastructure of the Site through the Site. Mysa Moon will not have any responsibility for the Get Service specified in this Agreement, in the event that the performance of the money debt is carried out in other ways other than the Secure Account.
    • In addition to the Service listed above, the Customer may benefit from the services announced on the Site and whose terms of use are specified in the relevant parts of the site, by paying the specified fee, if a fee is foreseen for the relevant service. Customers accept and undertake to comply with the obligations within the framework of the explanations made in the relevant section of the Site regarding the services defined by Mysa Moon within the scope of this article and announced in the relevant section of the Site.
    • Mysa Moon will announce the fees and payment conditions for the service, Get Service and additional services (if they are charged) specified within the scope of this Agreement in the relevant sections of the Site. Changes in service fees will become effective 3 (three) days after the change is announced, and if there is a fee-related campaign, it will be valid until the end of the campaign. Unless otherwise stated on the Site, all fees to be charged for additional services on the Site will be calculated and collected in Turkish Lira (TL). Customers are obliged to make fee payments in accordance with the explanations given here.

Privacy of Personal Data and Commercial Electronic Message

    • Mysa Moon, Customer's name-surname, address, phone number, credit card information etc. It is authorized to carry out all kinds of processing such as collection, storage, transfer, provided that it fulfills the obligation to inform and, if necessary, the obligations to obtain consent in accordance with the provisions of the Law No. 6698, and to comply with other security measures.
    • Mysa Moon, to keep personal information strictly private and confidential, to consider it a confidentiality obligation and to take all necessary measures to ensure and maintain confidentiality, to prevent all or any part of confidential information from entering the public domain or unauthorized use or disclosure to a third party, and to take all necessary measures. is committed to care.
    • Although Mysa Moon takes the necessary information security measures, Mysa Moon will not be liable if confidential information is damaged or in the hands of third parties as a result of attacks on the Site and the system.
    • This information collected on Mysa Moon servers will be used for the purposes determined within the scope of the disclosure obligation.
    • Statistical data that does not contain personal information can be shared with Mysa Moon employees and performance assistants such as business partners.
    • Customer information may be disclosed to official authorities if this information is duly requested by the official authorities and in cases where it is obliged to make a statement to the official authorities in accordance with the provisions of the mandatory legislation in force.
    • The customer can always request and receive information whether his personal data is processed, the purpose of the processing, the third parties to whom the data is transferred, the correction, deletion, anonymization or destruction of the data, and the removal of the damage if it has been processed in violation.
    • By accepting this Agreement, the Customer accepts that he has read and understood the "Privacy Policy" and "Personal Data Protection and Processing Policy" of MYSA MOON.
    • If the customer gives permission, it is also possible for Mysa Moon to send all kinds of commercial electronic data, audio and video content messages, including promotions such as discounts and gifts, and promotional contests or games, by telephone, call center, automatic call, e-mail, short message service. It accepts and declares that it can transmit using such means.

Intellectual Property Rights

    • The presentation and all content of the Site are protected by TR Legislation and intellectual property legislation, and all information and/or data published on this Site, especially all trademarks, logos and service marks, are licensed to Mysa Moon or by contract. belongs to the donors. Without the written consent of Mysa Moon, the Customer cannot directly and/or indirectly distribute, transmit, modify, copy, display, reproduce, publish, process and/or use in any other way the content of the Site, and/or or allow anyone else to access and/or use the services of the Site. Otherwise, the Customer shall be liable to pay Mysa Moon immediately for all kinds of damages incurred/to be suffered by Mysa Moon and any compensation amount demanded from Mysa Moon due to the damages incurred by third parties, including but not limited to the licensors.
    • All assets of Mysa Moon, including Site services, Site information, Site's copyrighted works, Site's trademarks, Site's commercial appearance and/or any material and/or intellectual property rights related to the Site All rights regarding real and/or personal rights, commercial information and/or know-how are reserved.
    • All rights of all texts, graphics, images and/or all pictures on the site are reserved and cannot be saved without permission.
    • Any unauthorized disclosure and/or use, including but not limited to, unauthorized use of all financial rights (processing, reproduction, dissemination, representation and public offering) regarding the site content, design and/or software will constitute a violation of intellectual and industrial property rights.
    • Customers accept and undertake to comply with the provisions of the Turkish Code of Obligations, the Turkish Penal Code, the Law on Intellectual and Artistic Works, the Turkish Commercial Code and any current and/or future legislation while using the Site. All legal, administrative, penal and financial responsibilities that may arise due to the contrary use belong to the Customer, and Mysa Moon reserves the right of recourse.

Responsibility

    • The Customer accepts that there may be deficiencies, communication problems, technical problems, infrastructure and/or internet failures, power outages and/or other problems, including but not limited to, in the information and/or services offered/published on the Site, and in case of such problems/malfunctions Mysa Moon is authorized to suspend and/or terminate and/or cancel the sale without any notification to the Customer and/or without giving any reason, either before the sale starts, during the sale or even if the sale has been made. For these reasons, the customer cannot demand any rights or payments from Mysa Moon under any name.
    • Mysa Moon does not warrant that the service will be error-free or that it will be provided continuously or that the service is free from viruses and other harmful elements.
    • Except for the gross negligence or intent of Mysa Moon, the Customer is not liable for any direct and/or indirect damages.

Termination of Contract

    • In the event that the Customer partially and/or completely violates any and/or all of its obligations arising from this Agreement, Mysa Moon unilaterally terminates this Agreement and becomes a member of the Site without any notification and/or reasoning. 's membership and may partially or completely freeze or cancel the services that the Customer receives, receives or will receive from the Site. Therefore, in the event of termination, the Customer cannot claim any rights and/or demands from Mysa Moon. Mysa Moon is authorized to claim any and all losses incurred or to arise from the Customer.
    • The parties are authorized to cancel the membership if the Customer has become a member of the Site by unilaterally terminating this Agreement without giving any reason and without any notification, if he wishes. In this case, the Customer shall not be entitled to any rights, receivables, loss of profits, damages or any other name and title from Mysa Moon by claiming an unfair, unjustified, unjustified, untimely and untimely termination, acted against in good faith, or any other reason or excuse. cannot demand any payment.

Term of Contract

This Agreement enters into force from the moment it is approved on the Site and Mysa Moon or the Customer cancels the membership and/or cancels the order placed by the Customer and/or delivers the order placed by the Customer without any problems and/or ends automatically, without the need for further notice, with the termination of the services.

Miscellaneous Provisions

    • The Customer has consented to the changes to be made in the Agreement and services, matters related to sales, cancellation of membership in case of membership, termination of this Agreement, termination and any similar notification to the e-mail address specified during the transactions, and notifications made by e-mail accepts and undertakes that the notification has been notified by Mysa Moon from the moment it is sent, whether or not it is received and that it will have legal consequences. Mysa Moon is not responsible for the late or non-delivery of the notification to the Customer and its consequences.
    • If any provision of this Agreement is deemed invalid or unenforceable for any reason, the other provisions of this Agreement will remain in effect.
    • The failure of Mysa Moon to exercise or delay in exercising any right or power under the Contract does not mean that it waives that right or power, and the sole or partial use of a right or power does not prevent the later exercise of that or any other right or power, waiver. doesn't make sense.
    • Istanbul Courts and Enforcement Offices are authorized to resolve disputes arising from this Agreement.
    • The Customer declares that he has read, understood and accepted all the practices and rules on the Site. The Customer declares that he accepts the regulations that may be contrary to his interests in the entire Agreement, knowing and understanding the consequences.