ISOU JEWELLERY USER AND MEMBERSHIP AGREEMENT

Please read the User and Membership Agreement, which includes the general terms of use of the www.isoujewellery.com website, its general rules, and legal responsibilities. By using the site, you are deemed to have accepted the terms and conditions stated on this page. 

 

1. Parties

     I) Aysu Korkmazoğlu, residing at Zekeriyaköy Mah. Arifane Sokak. No 34/105 Sarıyer / Istanbul, who carries out her activities through www.isoujewellery.com (“Website”) (hereinafter referred to as “ISOU”).
     II) A person who is a member of the ISOU Website (“Member”)
     III) A person who visits the ISOU Website, whether making a purchase or not (“User”) 

 

2. Subject of the Agreement

The subject of this Agreement is the determination of the general terms of use, rules, terms of use and transaction of the member and legal responsibilities of the ISOU Website.

 

3. Rights and Obligations of the Parties

     3.1. By becoming a member and/or shopping on the www.isoujewellery.com Website, the User accepts and declares that he/she meets the age requirement of majority as stipulated in the Turkish Civil Code - being at least 18 (Eighteen) years old.
    3.2. The User declares and undertakes that the information provided when registering on the www.isoujewellery.com website is accurate, that they are responsible for any damages ISOU may incur due to any false statements, and that they will compensate ISOU for all damages. The User acknowledges, declares, and undertakes that they will not share personal data, such as the username/password, provided to them by ISOU, with third parties. They are responsible for all damages that may arise if they do so, and that they will not claim any rights or receivables from ISOU in this regard. The User agrees to use the website for legitimate purposes stipulated by the legal system, and that otherwise they will be legally and criminally responsible for any damages that may arise. The User may not engage in any actions or transactions that would interfere with the website's operation and service provision.
     3.3. The User accepts, declares and undertakes that he/she will not claim compensation from ISOU for any damage that may arise from the unauthorized use of the wwwiisoujewellery.com website.
     3.4. The Member accepts that the Company has the right to contact the Member for communication, marketing, notification and other purposes via letter, e-mail, SMS, phone call and other means using the information provided in the membership form or updated by the Member later. Unless a written notification to the contrary is made, upon approval of this membership agreement, the Company may contact the Member for the purpose of carrying out the above-mentioned communication activities, use the information within the framework of its own marketing activities and share it with third parties within the framework of the personal data protection law.
     3.5. The Member and User acknowledge, declare, and undertake that any purchases made on the Website are for personal use and not for commercial purposes. ISOU reserves the right to terminate the membership agreement if it determines that the Member or User sells products purchased through the Website to others for commercial purposes or that they have derived commercial profit from the purchased product. Furthermore, ISOU reserves all rights to seek compensation and other compensation for such unjust use. The Member acknowledges and declares that such actions are contrary to the Industrial Property Law.
     3.6. The Member is personally responsible for the use and management of all information, including accounts, usernames, and passwords used to access the Website. Any transactions made using the Member's account, username, or password will be deemed to have been made by the Member. The Member is solely responsible for any losses incurred by the Member and/or third parties due to the use, loss, or transfer of such information by anyone other than the Member. ISOU reserves the right to seek compensation or other claims arising from such unauthorized use. The Member acknowledges, represents, and undertakes to immediately notify ISOU of any unauthorized use of their password or any other breach of security. 
     3.7. ISOU reserves the right to unilaterally delete a user's membership, suspend their activities, or delete any documents or information belonging to the user at any time. ISOU shall have no liability in such cases.
     3.8. The prices and sales conditions of the products offered for sale on the Website are valid only for the Website. 
     3.9. ISOU is not responsible for price and content errors resulting from typesetting and system errors and reserves the right to cancel or not fulfill orders displayed incorrectly. 
    3.10.The Company may share the personal information of the Member and the User with third parties within the scope of legal obligations, in the manner and under the conditions permitted by the Law, including the Law on the Protection of Personal Data No. 6698 and related legislation. 
      3.11. The Member accepts, declares and undertakes that the sale of products on the Website is subject to the acceptance of a separate contract, that the products in the shopping cart are not kept for the Member until the purchase is completed, and that the provisions of the relevant consumer legislation apply to sales made through the Website.
     3.12. Necessary measures to ensure the security of the information and transactions provided by the Member have been taken by ISOU or related organizations in the systems and internet infrastructure, depending on the nature of the information and transaction. All credit card transactions and approvals when using the Website are conducted online between the Member and the relevant Bank or similar Card and Payment Institutions, independent of ISOU (information such as credit card "password" is not visible or recorded by ISOU).
     3.13. The time orders are taken into process is not the time the order is placed, but the date the necessary payment is made to the credit card account or the date the money transfer/EFT reaches the ISOU account. ISOU reserves the right to cancel orders for which payment has not been completed.
     3.14. ISOU may collect certain information, such as the name and Internet Protocol (IP) address of the Internet service provider used to access the www.isoujewellery.com website and/or in accordance with applicable laws and regulations, the date and time the site was accessed, the pages accessed during the visit, and the Internet address of the website providing direct access to the site. ISOU may use members' personal information to provide better service to its users, improve its products and services, and facilitate site use by tailoring its users' preferences and interests. ISOU reserves the right to keep records of members' activities on the www.isoujewellery.com website.
     3.15. Members and Users acknowledge, declare, and undertake to assume all responsibility and risk arising from their use of the Website, services, or shared content. It is the sole responsibility of the User to evaluate the accuracy, completeness, and usefulness of all opinions, recommendations, services, or other information and materials provided through the Website. ISOU makes no warranties under this Agreement regarding merchantability, fitness for a particular purpose or use, or non-infringement. 
     3.16. If the Website links to websites not owned by ISOU, ISOU shall have no legal, criminal, administrative, or other liability whatsoever arising from the content and/or links contained therein. The risk of accessing these linked sites rests entirely with Members and Users. Members acknowledge that ISOU shall have no liability whatsoever for any interruption, deletion, loss, delay in access, computer virus infection, unauthorized access to records, theft, alteration, or use of records.
     3.17. ISOU reserves the right to change the content of the Website at any time, to change or terminate any service provided to Members and Users, or to unilaterally make changes to the provisions of this agreement without notice, or to delete or anonymize member information and data recorded on the Website. 
     3.18. Member information is monitored by the Company to provide better service. This information may be shared with companies it collaborates with for advertising purposes, etc., in accordance with confidentiality requirements, and in the manner and under the conditions permitted by the current Personal Data Protection Law and related regulations. The purpose is to improve the website and the experience offered by the website to its members and users.
     3.19. A Member may not have more than one account. If any fraudulent activity is detected, ISOU may close/freeze accounts without prior notice. Members attempting to profit from the system through multiple accounts will not have their earnings protected. If a violation occurs multiple times, ISOU reserves the right to take other action, including expulsion, as this constitutes a material breach of the Membership Agreement.
     3.20. ISOU reserves the right to unilaterally change, update, reorganize, change the subject, scope, and content of the Site, and discontinue publication of the terms and conditions published on the Website at any time without giving any reason or providing any notice. ISOU may, if deemed necessary, notify Members/Users of this situation via email or through notification on the Website. The updated terms of use will be effective from the moment they are published on the Website. 
     3.21. The parties accept and declare that all computer records belonging to ISOU will be taken as the sole and exclusive evidence in accordance with Article 193 of the Civil Procedure Code and that the said records constitute an evidentiary contract.
     3.22. The Member and User acknowledge and agree that, from the moment they begin using the service, they will be deemed to have accepted all provisions of this agreement and that this agreement will be binding on them. The Member and User agree to compensate ISOU in kind for any damages incurred by ISOU due to their breach of the obligations undertaken under this agreement. ISOU has the right to recourse against the Member for any compensation and/or administrative and/or judicial fines they may be required to pay to public institutions and/or third parties due to the Member's breach of this agreement. 
     3.23. ISOU is the owner or licensee of the general appearance and design of this Website, as well as all information, images, trademarks, trade names, www.isoujewellery.com domain names, logos, icons, demonstrative, written, electronic, graphic, or machine-readable technical data, computer software, implemented sales systems, business methods, and business models on the Website ("Materials"), and all related intellectual and industrial property rights are legally protected. No material on the Website may be copied, reproduced, modified, translated into another language, republished, uploaded to another computer, posted, transmitted, presented, or distributed without permission. The Website, in whole or in part, may not be used on another website without permission. ISOU reserves the right to seek compensation and other claims for any wrongful conduct by Members and Users, and all other rights of ISOU not expressly granted herein.

 

4. Termination of the Contract 

This agreement will remain in effect until the member cancels their membership or ISOU cancels their membership. ISOU may unilaterally terminate the agreement by canceling the user's membership if the user violates any provision of the membership agreement.

 

5. Force Majeure 

In all cases legally considered force majeure, ISOU shall not be liable for any delay, incomplete performance, or failure to perform any of its obligations under this agreement. Such events shall not constitute delay, incomplete performance, non-performance, or default on ISOU's part, and no compensation shall be claimed from ISOU under any name whatsoever for such events. The term "force majeure" shall be interpreted as events beyond the reasonable control of the relevant party and which the relevant party could not have prevented despite due diligence, including, but not limited to, natural disasters, riots, wars, strikes, epidemics, communication problems, infrastructure and internet failures, power outages, and adverse weather conditions. ISOU shall not assume any liability for any interruption of the transaction, error, omission, interruption, deletion, loss, delay in transaction or communication, computer virus, communication failure, theft, destruction, or unauthorized access to, alteration of, or use of records, whether arising from breach of contract, tort, negligence, or other causes. The Parties' obligations are suspended during the force majeure period. If the force majeure lasts longer than one month, this Agreement may be terminated by ISOU.

 

6. Consent to Process Personal Data

Your personal data collected through your sharing when you visit the Website, purchase goods or services from the Website, or become a member of the Website is processed by Aysu Korkmazoğlu, who has the title of "Data Controller" within the scope of the Personal Data Protection Law No. 6698 ("PDP Law"), in accordance with the personal data processing conditions and purposes specified in Articles 5 and 6 of the PDPA for the purposes of delivering the products and services you purchase from ISOU, fulfilling contractual obligations, ensuring information security, introducing products and services to you, sending you commercial electronic messages, sending you magazines and promotional brochures, recommending products and services by customizing them according to your tastes, usage habits and needs, and informing you about campaigns.

Your personal data may be transferred to domestic/international persons and institutions from whom we receive physical servers and/or cloud services for the storage of your personal data, and to our third-party business partners from whom we receive services for the purpose of delivering commercial electronic messages to you, both domestically and abroad, in accordance with the personal data processing conditions and purposes specified in Articles 8 and 9 of the Personal Data Protection Law.

By applying to ISOU regarding the processing of your personal data, you have the right to learn whether your personal data has been processed; to request information about the processing if your personal data has been processed; to learn the purpose of processing your personal data and whether it has been used in accordance with its intended purpose; to know the third parties to whom your personal data has been transferred, both domestically and internationally; to request correction of any incomplete or inaccurate processing of your personal data; to request the deletion or destruction of your personal data; to request notification of the aforementioned actions to third parties to whom your personal data has been transferred; to object to any adverse outcome arising from the analysis of processed data exclusively through automated systems; and to request compensation for any damages you may incur due to the processing of your personal data in violation of the Law. You may submit your requests regarding your aforementioned rights, including a signed petition, a photocopy of your identity card, and other contact information, to ISOU via notary public or by registered mail.

The User accepts, declares and undertakes that he/she has read the information provisions regarding the processing and transfer of personal data given above, has fully understood its content and has given his/her free will and clear approval-consent to the processing of his/her personal data and its transfer to third parties based on all the specified forms, purposes and reasons.

 

7. Permission to Send Electronic Commercial Messages

     7.1. The Member who enters the information requested in the Membership Information on www.isoujewellery.com and approves this Agreement, expressly permits and approves ISOU to send commercial electronic messages and other messages via SMS/short messages, instant notifications, social media and other online advertising networks, automatic dialing, computer, telephone, fax, e-mail/mail, Bluetooth (if enabled on the device) and other wireless networks and other electronic communication tools for various promotional, advertising, sales and marketing purposes specific to the Member regarding all kinds of products and services, as well as for store cards, membership information, transactions and applications, in accordance with the law.
     7.2.By registering to www.isoujewellery.com, the Member is deemed to have consented to ISOU and its current and future affiliates, subsidiaries, partners, successors and/or third parties-organizations determined by them sending them discounts, campaigns and information within the scope of authorized marketing via SMS, e-mail and all kinds of digital communication tools through the personal information they provide.

 

8. Notification

     8.1. The e-mail address provided by the Member to ISOU shall be deemed the legal address for all notifications regarding this Agreement. Any notice sent to the Member using this e-mail address shall be deemed to have been received by the User one day after the e-mail is sent to the Member.
     8.2. The parties agree that requests made to old e-mail addresses will be valid and deemed to have been made to them unless they notify the other party in writing of any changes to their current e-mail addresses within 3 (three) days.
     8.3. Only e-mails sent by the Member from his/her legal e-mail address are taken into consideration by ISOU.

 

9. Competent Courts and Enforcement Offices in Case of Dispute 

Istanbul Anatolian Courts and Enforcement Offices are authorized to resolve disputes that may arise from the implementation of this agreement.

 

10. Entry into Force

By completing and approving this membership form or by purchasing services or placing an order through this Website, the Member declares, accepts, and undertakes to abide by this Agreement. This Agreement is concluded upon the Member's registration and becomes mutually effective. ISOU may terminate the Agreement unilaterally, without notice, upon termination of membership or upon the occurrence of any of the termination conditions specified in this Agreement.

The Member declares, accepts and undertakes that he/she has read, understood and accepted all the articles in this membership agreement and that he/she confirms the accuracy of the information he/she has provided about himself/herself, and that he/she consents to all commercial content sent to him/her after this confirmation.