MEMBERSHIP AGREEMENT

Please read these 'terms of use' carefully before using our site.

Customers who use and shop on this e-commerce site are deemed to have accepted the following terms:

The web pages on our site and all pages linked to it are owned and operated by Nakishe Hediyelik Eşya at the address nakishe.com. While using all the services offered on the site, you ('User') agree that you are subject to the following terms, that you have the right, authority, and legal capacity to sign a contract according to the laws you are subject to, and that you are over 18 years old. By using the services on the site and continuing to use them, you are deemed to have read, understood, and agreed to be bound by the terms of this agreement.

This agreement is indefinite, and it imposes rights and obligations regarding the subject site on the parties. When the parties accept/approve this agreement online or in writing, they declare and undertake that they will fully, accurately, and timely fulfill the rights and obligations mentioned in this agreement under the conditions required by the agreement.

1. RESPONSIBILITIES

The company reserves the right to change prices and the products and services offered at any time.

The company agrees and undertakes that the member will benefit from the services subject to the agreement, except for technical failures.

The user agrees not to perform reverse engineering on the site, attempt to find or obtain the source code, or engage in any other actions aimed at obtaining the site’s source code, and that in the event of damages to third parties, they will be held responsible, and legal and criminal action will be taken against them.

The user accepts that they are solely responsible for any damages resulting from providing incomplete or incorrect information during site registration and that the company may unilaterally terminate their membership without the need for any notification if incorrect information is provided or the user violates this agreement.

For the improvement and development of the website by the company and/or within the framework of legal regulations, certain information such as the name of the internet service provider used to access the site, the IP address, the date and time of access to the site, the pages accessed during the site visit, and the internet address of the website that directly connects the user to the site may be collected. The user agrees to the collection of this information.

The user agrees that they will not produce or share content that is immoral, illegal, violates the rights of third parties, misleading, offensive, obscene, pornographic, infringes personality rights, violates copyright, or encourages illegal activities in their activities on the site or in their communications within the site. In case of such a violation, the user is solely responsible for any damages. In such a situation, the 'Site' administrators reserve the right to suspend or terminate such accounts and initiate legal proceedings. In cases where judicial authorities request information regarding activities or user accounts, the site reserves the right to share this information with the authorities.

The relationships of the site members with each other or with third parties are entirely their responsibility.

2. INTELLECTUAL PROPERTY RIGHTS

2.1. All intellectual property rights, including but not limited to the title, business name, brand, patent, logo, design, information, and methods, whether registered or unregistered, on this site are owned by the site operator and owner company or the relevant right holder, and they are protected by national and international law. Visiting this site or benefiting from the services on this site does not grant any rights regarding these intellectual property rights.

2.2. The information on the site cannot be reproduced, published, copied, presented, or transferred in any way. No part or the entirety of the site may be used on another website without permission. In the event of such a violation, the user is responsible for compensating the company for any damages claimed by third parties, including but not limited to the requested compensation amount, court costs, and attorney fees.

3. CONFIDENTIAL INFORMATION

3.1. The company will not disclose personal information transmitted by users via the site to third parties. This personal information includes, but is not limited to, the user’s name, surname, address, phone number, mobile phone number, and email address, collectively referred to as 'Confidential Information.'

3.2. The user accepts and declares that the company owning the site may share their communication, portfolio, and demographic information with its affiliates or group companies, provided that it is limited to being used for marketing activities such as promotion, advertisement, campaign, promotion, and announcement, and that the user has given consent to receive electronic communication regarding this from the company or its affiliates. This personal information may be used within the company to create customer profiles, offer promotions and campaigns suitable for the customer profile, and conduct statistical studies.

3.3. The user has the right to revoke their consent given with this agreement without providing any justification. Upon cancellation, the company will immediately cease sending electronic communications, and the process will be completed within 3 (three) business days.

3.4. Confidential Information may only be disclosed to official authorities if requested in accordance with the procedures by official authorities and if disclosure is required by mandatory provisions of applicable legislation.

4. DISCLAIMER OF WARRANTIES

THIS AGREEMENT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE COMPANY PROVIDES THE SERVICES 'AS IS' AND 'AS AVAILABLE' AND MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, WITH RESPECT TO THE SERVICES OR APPLICATION (INCLUDING ALL INFORMATION CONTAINED THEREIN).

5. REGISTRATION AND SECURITY

The user is required to provide accurate, complete, and up-to-date registration information. Otherwise, this agreement will be considered violated, and the user’s account may be terminated without prior notice.

The user is responsible for the security of their password and account on the site and third-party sites. The company will not be liable for data loss, security breaches, or damage to hardware or devices.

6. FORCE MAJEURE

If obligations arising from the agreement cannot be fulfilled due to reasons beyond the parties' control, such as natural disasters, fires, explosions, civil wars, wars, uprisings, public movements, mobilization declarations, strikes, lockouts, epidemics, infrastructure and internet failures, or power outages (collectively referred to as 'Force Majeure'), the parties will not be held responsible. During this period, the rights and obligations arising from this agreement are suspended.

7. INTEGRITY AND ENFORCEABILITY OF THE AGREEMENT

If any provision of this agreement is partially or completely invalid, the remaining provisions will remain in effect.

8. CHANGES TO THE AGREEMENT

The company may change the services offered on the site and the terms of this agreement at any time. Changes will be effective as of the date they are published on the site. It is the user's responsibility to follow these changes. By continuing to use the services, the user is deemed to have accepted these changes.

9. NOTIFICATIONS

All notifications related to this agreement will be made via the company's known email address and the user's email address specified in the membership form. The user accepts that the address provided during membership is a valid notification address, and if it changes, they will notify the other party in writing within 5 days; otherwise, notifications sent to this address will be considered valid.

10. EVIDENCE AGREEMENT

In any dispute arising from this agreement, the parties accept that the company’s books, records, and documents, as well as computer and fax records, will be considered evidence under the Code of Civil Procedure, and the user agrees not to contest these records.

11. DISPUTE RESOLUTION

In the event of any dispute regarding the implementation or interpretation of this agreement, Istanbul (Central) Courts and Enforcement Offices shall have jurisdiction.