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PARTIES
This section includes information about Berk Konfeksiyon San.Tic.Ldt.Şti (hereinafter referred to as “RodiJeans” ) and the User.
(In this Agreement, RodiJeans and the User will each be referred to individually as a “Party” and collectively as the “Parties”)
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DEFINITIONS AND COMMENT:
2.1 Terms starting with capital letters in this Agreement are used with the meanings assigned to them below, unless otherwise stated in the relevant text:
"Agreement"
“Agreement” means this User Agreement that Customers conclude with RodiJeans to become a member of the Site.
“Sales Agreement”
Distance sales contract to be concluded between the User and the Businesses,
“Site”
The online shopping websites of RodiJeans, operating on the internet under the domain name www.RodiJeans.com,
“User”/“Users”
Real persons who are members of the Site and wish to purchase products and services offered on the Site, within the terms and conditions set forth in this Agreement.
“Membership Form”
The form that Users fill out to inform RodiJeans of their personal information when they become a member of the Site,
"Business"
A virtual workplace open 24/7, the right to use of which is transferred for the duration of the contract signed between RodiJeans and the site,
“Service”/“Services”
The practices put forward by RodiJeans on the Site in order to enable Users to carry out the work and transactions defined in the Agreement,
"Security"
The provisions of this Agreement, which include the confidentiality obligations of the Parties regarding the Agreement and the Site, set out in Article 13.1,
“Product”/“Products”
The products sold through the site,
“Appendix” or “Appendixes”
the documents annexed to this Agreement and forming an integral part of it (all sanctions in the Agreement are also fully valid for the annexes),
“Signature Date”
The date of signing of this Agreement,
"Working day"
All days of the week, including official holidays, weekends and days declared as administrative holidays in the Republic of Turkey,
“Force Majeure”
Force majeure cases in Article 10,
expresses.
2.2. Article titles are for convenience of reference only and do not have any legal effect on the structure of this contract.
2.3. If the context requires, the plural can mean the singular and the singular can mean the plural.
2.4. References made to articles, provisions and annexes in this Agreement refer to the articles, provisions and annexes contained in this Agreement.
2.5. References to RodiJeans, the User or any other person include the contractual and legal successors of that person.
2.6 References to laws shall include any law, regulation, statute, rule or decree and any reference to any law shall be deemed to be a reference to such law as in existence on the date of this Agreement and as amended, modified or supplemented from time to time or to any new law replacing such law.
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SUBJECT AND PURPOSE OF THE AGREEMENT:
This Agreement has been concluded in order to regulate the mutual rights and obligations of the Parties regarding the User's access to the Site belonging to RodiJeans, the use of the Site within the specified regulations and conditions, and the use of the Services.
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USE AND PURPOSE OF THE SITE:
4.1. The site will operate as a shop in various sectors, including but not limited to clothing, shoes, textile accessories and bags.
4.2. The User will have the opportunity to benefit from the applications installed on the Site, such as browsing, shopping, and creating a user profile, by logging into the Site with the username and password he/she specified during membership.
4.3. The User's registration process is completed by sending the required identification information to become a member of the Site from the relevant section of the Site and the registration process is approved by RodiJeans. The right and authority to become a User defined in this Agreement cannot be acquired without completing the membership process.
4.3. In order to become a member of the Site, it is necessary to be of legal age and not to have been temporarily suspended or permanently banned from membership by RodiJeans. Completing the Site registration process of minors or those who have been temporarily suspended or permanently banned from membership by RodiJeans in accordance with this Agreement as stated above will not result in them becoming a member of the Site. It should be emphasized that, as an exception, minors will not be able to shop on the Site.
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RIGHTS AND OBLIGATIONS OF THE PARTIES
5.1. User's Rights and Obligations
5.1.1 By accepting the Agreement, the User accepts all declarations made by RodiJeans regarding the use, membership and Services on the Site and that he/she will act in accordance with these declarations.
5.1.2 The User accepts and undertakes in advance that it will fulfill all financial, technical and administrative obligations set forth in the Agreement and its annexes, and that it will comply with the Agreement and its annexes, any amendments and additional provisions to be made unilaterally by RodiJeans, and all rules and principles to be established by RodiJeans.
5.1.3 The User accepts, declares and undertakes that he/she will act in accordance with all the terms and conditions in the User Agreement, the rules specified in the relevant parts of the Site and all applicable legislation while performing the membership procedures, using the Services and performing any transaction related to the Services, and that he/she understands and approves all the terms and rules stated above.
5.1.4 The User accepts, declares and undertakes that RodiJeans shall be authorized to disclose and make available to official authorities, right holders, and other companies affiliated with RodiJeans right holders the confidential/private/commercial information of the User and/or the User, in accordance with the provisions of the Privacy article, as well as the provisions of the mandatory legislation in force, or in cases where the rights of other Users and third parties are claimed to have been violated, and that for this reason, the User shall not be able to claim compensation from RodiJeans under any name whatsoever. The User's information may be used and shared for analysis purposes (e.g. age, gender, etc.) and data. Apart from this, the User may determine the limits regarding the use of his/her own information through the settings and information sharing on the Site.
5.1.5 The User is solely responsible for the security, storage, keeping away from third parties and use of the system access tools (user name, password etc.) used by the User in order to benefit from the Services offered by RodiJeans. Users accept, declare and undertake that RodiJeans has no direct or indirect, legal, penal or administrative liability for any damages suffered or to be suffered by the Users and/or third parties due to all negligence and faults in matters such as security, storage, keeping away from third parties and use of the system access tools.
5.1.6 The User accepts, declares and undertakes that the information and content provided by the User within the Site are accurate and lawful. RodiJeans is not obliged or responsible to investigate the accuracy of the information and content transmitted by the User to RodiJeans or uploaded, modified or provided by them through the Site, nor is it responsible for any damages that may arise due to the incorrect or erroneous nature of such information and content. In the event that RodiJeans suffers damage due to one of the issues determined to be outside the scope of liability by this provision, it shall recourse to the User together with all other additional damages.
5.1.7 The User cannot transfer his/her rights and obligations under the Agreement, in whole or in part, to any third party without the written consent of RodiJeans.
5.1.8 While benefiting from the Services offered by RodiJeans and using the Site, the User may only perform transactions on the Site for lawful purposes. The User shall be responsible for all legal and criminal liabilities in every transaction and action taken on the Site. Each User accepts, declares and undertakes that they shall not use, reproduce, copy, distribute or process the images, texts, visual and audio images, video clips, files, databases, catalogs and lists on the Site in a manner that would violate the real or personal rights or assets of RodiJeans and/or another third party, and shall not compete directly and/or indirectly with RodiJeans, either through these actions or through other means. RodiJeans shall not be held responsible, directly and/or indirectly, for any damages suffered or to be suffered by third parties due to the activities carried out by the User on the Site contrary to the provisions of the Agreement and/or the law; otherwise, RodiJeans reserves the right to recourse against the User.
5.1.9 The User accepts, declares and undertakes that, in the event that RodiJeans does so, it will share the user information of the users who are entitled to participate in any draws to be held on the Site with the persons and institutions related to the campaign and draw, and that it will not claim any compensation from RodiJeans for this reason.
5.1.10 Users accept, declare and undertake that they will not conduct transactions that will enable money transfers between their own memberships or the memberships of their acquaintances on the Site and that they will not engage in behaviors that will manipulate the operation of the Site, otherwise they will compensate RodiJeans for any damages it may incur.
5.2. Rights and Obligations of RodiJeans
5.2.1 RodiJeans may make changes and/or adaptations to the products at any time in order to enable the User to perform the work and transactions defined in the Agreement more effectively. The rules and conditions that the User is obliged to comply with regarding these changes and/or adaptations made by RodiJeans are announced to the User on the Site.
5.2.2 RodiJeans reserves the right to change the Services, Products and content offered on the Site at any time; to block the access of third parties, including the User, and to delete the information and content uploaded by the User to the system. RodiJeans may exercise this right without any notice and prior notice.
5.2.3 RodiJeans may provide 'links' to other websites and/or portals, files or content owned and operated by third party Businesses, providers and other third parties that are not under RodiJeans' control through the Site. These 'links' do not constitute any kind of representation or warranty regarding the website or the information it contains or the portals, websites, files and content accessed through the 'links' on the Site, the services or Products offered from the portals or websites accessed through these 'links' or their content. RodiJeans has no responsibility whatsoever regarding the content of these portals, websites, files and content accessed through the 'links' on the Site.
5.2.4 RodiJeans may scan the content and/or messages required to detect messages and/or content exchanged between Users on the site that are contrary to the operation of the Site and/or the User Agreement and/or the general rules of the Site and/or general moral rules and that are unacceptable to RodiJeans, and may remove the messages and/or content it detects from access at any time and in any way it wishes; RodiJeans may give a written warning to the User who created such message and/or content and/or may terminate the User's membership temporarily or permanently without any notice.
5.2.5 The User and RodiJeans 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 User Agreement, no partnership, agency or employee-employer relationship arises.
5.2.6 The usernames uploaded by the User to the system while becoming a member of the Site are also subject to the provisions of this Agreement, and the User must not violate the legal rights of third parties such as copyright, brand, trade name, etc. when determining a username. In the event that the User acts contrary to the provision of this article, RodiJeans may request the User to correct this situation that is contrary to the Agreement, or may cancel the User's membership temporarily or permanently without prior notice to the User.
5.2.7 The User accepts, declares and undertakes that he/she has given his/her personal information, including name, surname, mobile phone number, e-mail address and similar information, to RodiJeans with his/her own consent, and that this information may be used by the group companies and business partners of RodiJeans for all kinds of informational purposes, including but not limited to sending messages, advertisements, promotions, store cards and various campaigns to the User, and that this information may be stored by RodiJeans, its group companies and business partners.
5.2.8 The User may cancel the consent given to RodiJeans at any time by contacting the customer service line at 0507 179 6797 or the e-mail address e-siparis@rodijeans.com.tr.
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INTELLECTUAL PROPERTY RIGHTS
RodiJeans is the owner or licensee of the general appearance and design of this website and all information, pictures, RodiJeans brand, www.rodijeans.com.tr domain name, logo, icon, demonstrative, written, electronic, graphic or machine-readable technical data, computer software, applied sales system, business method and business model and all related materials and intellectual and industrial property rights and are under legal protection. No Material on the website; including code and software, may be changed, copied, reproduced, translated into another language, republished, uploaded to another computer, mailed, transmitted, presented or distributed without prior permission and without citing the source. The whole or part of the website may not be used on another website without permission. Contrary actions require legal and criminal liability. All other rights of RodiJeans not expressly stated herein are reserved.
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WARRANTY AND RETURN CONDITIONS
The Seller accepts, declares and undertakes that it is responsible for delivering the Product or Products subject to the Contract to the User in full, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.
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AMENDMENT OF THE CONTRACT
RodiJeans may, at its sole discretion and unilaterally, change this User Agreement and its annexes at any time it deems appropriate by announcing them on the Site. The User can follow the current version of the Agreement in the 'legal notices' section on the Site. The amended provisions of this User Agreement shall become valid on the date they are announced; the remaining provisions shall remain in force and continue to have their provisions and consequences. This User Agreement cannot be changed by the unilateral declarations of the User.
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TERM OF THE CONTRACT AND TERMINATION
9.1. The contract has been concluded for an indefinite period and will remain in force and continue to have the provisions and consequences between the parties as long as the User's Site membership continues and unless terminated by RodiJeans within the scope of this 10th article; it will be deemed to have ended in the event of the expiration of the User's membership period or the suspension of his/her membership temporarily or permanently.
9.2. RodiJeans may unilaterally terminate the Agreement in the event that the User violates this Agreement and/or similar rules regarding usage, membership and Services on the Site, and especially in the following cases, and the User shall be liable to compensate all damages suffered by RodiJeans due to termination:
9.2.1. The User commits acts that violate and/or pose a risk of violating the rights of third parties.
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FORCE MAJEURE AND UNEXPECTED EVENTS
10.1. Definition: For the purposes of this Agreement, the terms “Force Majeure” and “Unforeseen Event” are used to refer to events that occur beyond the reasonable control of a party and make the performance of the relevant party’s obligations arising from the contract impossible or render their performance so impossible under the current conditions or prevent their performance within the specified performance period.
10.2. Some “Force Majeure” and “Unexpected Event” situations: The following situations, but not limited to them, are among the “Force Majeure” and “Unexpected Event” situations:
i. State of war, martial law, natural disasters, economic crisis, strike, lockout, infectious disease, earthquake, revolution, radioactivity pollution, events based on the unavoidable power of nature and similar events and situations legally accepted as "Force Majeure" and "Unforeseen Circumstances",
ii. Decisions such as stay of execution or preliminary injunctions against RodiJeans issued by the courts or other public or regulatory bodies,
iii. Legislative changes or regulations such as laws, statutes and regulations affecting RodiJeans or RodiJeans, which will be put into effect after the date of signature of this Agreement by national or local administrations or authorities,
iv. Decisions made by the courts or any administrative authority to stop or prevent activities and operations at RodiJeans,
v. In case of a supply problem in servers, bandwidth, software and other products and services to be provided from domestic or foreign sources in order for RodiJeans to remain on air, or the emergence of a legal or actual obstacle that prevents, stops or delays their supply,
vi. All situations related to the internet, such as fiber cable problems, power outages, server errors, and not limited to these.
10.3. Effect on the Contract: In the event of a “Force Majeure” or “Unexpected Event”, the Parties shall be exempt from their obligations and shall not be held responsible for the delay or failure to fulfill their obligations and shall not be in default under the Contract. In the event of such situations, the Contract shall remain suspended until the “Force Majeure” or “Unexpected Event” in question is eliminated and the Parties shall not be held responsible for the failure to fulfill their obligations and obligations under this Contract and all periods stipulated in this Contract shall be extended by this period.
10.4. Termination of the Agreement: If RodiJeans fails to fulfill its obligations under this Agreement due to “Force Majeure” or “Unforeseen Event” for more than 30 (thirty) Business Days; either Party may terminate this Agreement if it so wishes.
10.5. Indemnification: The Parties accept, declare and undertake in advance and irrevocably that RodiJeans will not be responsible in the event of cancellation or termination of the Agreement due to Force Majeure and/or Unforeseen Events and that in such a case, they will not claim any rights such as compensation, loss of profit or the like from each other.
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NOTIFICATION
Notices or other correspondence to be made in accordance with this Agreement shall be sent to the addresses of the User and RodiJeans as indicated in the Agreement by hand delivery, fax, e-mail or registered mail with return receipt requested. However; notices and correspondence specified in the Turkish Commercial Code (mainly default, termination and recourse notices) shall be deemed to have been duly made when sent through a notary, registered mail, telegram or registered electronic mail system using a secure electronic signature. The parties agree that the above addresses are the legal notification addresses and that notifications made to these addresses shall be valid unless the other party is notified in writing through a notary public five (5) business days in advance of the address change. Notices and/or warnings shall be valid from the day they are deemed to have been served in accordance with Turkish Laws.
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APPLICABLE LAW AND DISPUTE RESOLUTION
Istanbul (Central) Courts and Enforcement Offices have exclusive jurisdiction over the interpretation, execution of this Agreement, including its existence and validity, and all disputes and disagreements that may arise due to/originating from this Agreement. In cases not covered by the Agreement, the provisions of the Turkish Commercial Code, the Code of Obligations and other Turkish Republic Legislation shall apply.
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OTHER PROVISIONS
13.1. Privacy: The User undertakes not to disclose or disclose any information that may have been obtained as a result of the negotiation, publication and execution of this Agreement without the prior written consent of RodiJeans. The User undertakes not to disclose or disclose any of the articles or conditions agreed upon herein to any third party. The exception to this provision is the disclosures made upon the requests of official institutions and/or upon the fulfillment of administrative obligations, and RodiJeans has the right to use and share with its business partners general information such as gender, age, and educational status without giving the User's name and surname in its explanations such as general statistical information, in its publications, for campaign work or special promotional activities for your profile. This matter is expressly accepted by the User. Only the customer can access all the information entered by the customer into the system and only the customer can change this information. It is not possible for someone else to access and change this information. You can easily unsubscribe from the mailing list by clicking on the "If you want to unsubscribe from our mailing list, please use this link" link at the bottom of the mails sent from RodiJeans Online Shop, or by leaving the "I want to receive advertising and announcement e-mails" option blank in the "Update Membership Information" field in the "My Account" section of the site.
13.2. Entirety of the Agreement: This agreement reflects the true intentions and wills of the parties and replaces all previous written and verbal agreements made on this matter.
13.3. Annexes to the Agreement: Annexes to this Agreement are integral parts and complementary elements of the Agreement and will be taken into consideration in the interpretation and execution of the Agreement.
13.4. Divisibility of the Agreement: The provisions of this Agreement are divisible; if any of the provisions is deemed invalid or cancelled or not applied, this will not affect the validity of the other articles of the Agreement.
13.5. Waiver: The failure or delay in exercising any right, power or privilege stipulated in this Agreement by RodiJeans or the User shall not constitute a waiver thereof, and the single or partial exercise of any right, power or privilege shall not prevent the exercise of another right, power or privilege or its continuation or the exercise of any other right, power or privilege.
13.6. Evidence Agreement: In any disputes that may arise between the Parties pursuant to this Agreement, RodiJeans' book records and documents, microfilm and computer records shall be considered exclusive evidence in accordance with Article 193 of the Civil Procedure Code. The Enterprise accepts and declares that it waives all rights of objection and defense against these and, in the event of a lawsuit, its right to swear that RodiJeans' books and records have been kept in accordance with the procedure.
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FINAL JUDGMENT
With the specially designed infrastructure of the Site, approval for purchase is requested after the User views the Sales Agreement and approves online. The User who completes the membership process by approving the Agreement is deemed to have accepted all the terms of the Agreement. The User declares, accepts and undertakes that he/she has read, understood and accepted all the articles in the Agreement and confirms the accuracy of the information provided about himself/herself.