Article 1 - Parties
Article 1.1 - User: Persons who are members of www.schmart.com.tr and benefit from the services offered at www.schmart.com.tr within the conditions specified in this contract.
Article 1.2 - Buyer: The user who purchases the goods and services offered for sale by CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ (CONCEPT TASARIM PRODUCT MARKETING LIMITED COMPANY) by using the services offered at www.schmart.com.tr.
Article 1.3 - Site: The website consisting of the domain name www.schmart.com.tr and the sub-domains connected to this domain name.
Article 1.4 - www.schmart.com.tr Services: Applications put forward by CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ in order to enable users to perform the work and transactions defined in this contract within the site shall be referred to as "Service".
Article 1.5 - This agreement hereinafter is concluded between CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ , the owner of the www.schmart.com.tr website, and the user who wishes to become a member of the "www.schmart.com.tr" website.
Article 1.6 - This "www.schmart.com.tr" Membership Agreement shall be deemed to have been established upon approval by the user of the agreement on the "www.schmart.com.tr" website. The Agreement shall become effective upon approval by the User.
Article 1.7 - By becoming a member of the “www.schmart.com.tr” site, the user accepts, declares and undertakes that he has read the entirety of this agreement, fully understands its content and approves all its provisions.
Article 2 - Subject of the Contract
Article 2.1 - The subject of this contract is the determination of the services offered on the “www.schmart.com.tr” site, the terms of benefiting from these services, and the rights and obligations of the parties.
Article 2.2 - By accepting the terms of this agreement, the user also accepts all kinds of statements made on the site and announced by “www.schmart.com.tr” regarding usage, membership and services.
Article 2.3 - The User and CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ accept and undertake to act in accordance with the provisions of this Contract.
Article 3 - Service and Scope of Service
Article 3.1 - The services to be offered on the “www.schmart.com.tr”
site consist of providing the opportunity to shop in the electronic
Article 3.2 - CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ may make changes and/or adaptations to the services of the "www.schmart.com.tr" site in order to enable users to perform the works and transactions defined in this contract more effectively. Changes and/or adaptations made on the site are announced to the "users" through the site.
Article 3.3 - Changes and/or adaptations made in accordance with the above paragraph in the "services" offered by the "www.schmart.com.tr" site shall be deemed to have been accepted by the "user".
Article 4.1 – Membership; is completed by the person who wants to be a user from the relevant section of the "site", processing the personal information necessary to become a member of the "site" and making the registration process by confirming this contract. You cannot have the right and authority to be a "user" defined in this agreement before the membership process is completed.
Article 4.2 - In order to become a member of the "Site", it is necessary to be of full legal age and not to be temporarily suspended from membership or be banned from membership indefinitely by the "www.schmart.com.tr" website in accordance with Article 6.5.2 of this agreement.
Article 5 - Rights and Obligations
Article 5.1 - User's Rights and Obligations
Article 5.1.1 - Security, storage, keeping away from the information of third parties, use of the means of access to the system (username, password, etc.) used by "users" in order to benefit from the goods and services offered by the "www.schmart.com.tr" site are the sole responsibility of the "users".www.schmart.com.tr, CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ has no direct or indirect responsibility for any damages incurred or to be incurred by the "users" and/or third parties due to all negligence and faults of the "users" regarding the security, storage, keeping away from the information of third parties, use of the means of accessing the system.
Article 5.1.2 - "User" accepts and undertakes that he/she shall not reproduce, copy, distribute, process pictures, texts, visual and audio images, videos, files, databases and catalogs within the "site", which may constitute an infringement on the real or personal rights and assets of CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ and/or another third party; and shall not compete directly and/or indirectly with the "www.schmart.com.tr" site and CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ, either by these actions or by other means.
Article 5.1.3 - From the purchases made by the "Users" through the "www.schmart.com.tr" site by using the credit cards and/or bank accounts of others that are in their possession unlawfully, CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ does not have any responsibility towards the related third parties.
Article 5.2 – Rights and Obligations of CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ
Article 5.2.1 - The FIRM NAME [MOU1] reserves the right to be always able to change the goods and services offered on the "site", close Access to and delete information and content from third parties, including "users". CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ uses this right without giving any prior notice. "Users" are obliged to immediately fulfill the changes and/or corrections requested by CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ. If these change and/or correction requests are not fulfilled by the "users", they can be fulfilled by CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ if deemed necessary. The users assume full legal and penal responsibility for the damages that arise or may arise due to the failure to fulfill the change and/or correction requests by the users in a timely manner.
Article 5.2.2 - CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ constantly checks the accuracy and up-to-dateness of the information available on the "site". However, despite all efforts, there may be a difference between the current status of the relevant information and the status on the "site". CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ shall not have any legal responsibility in cases of this and similar technical and typographic errors.
Article 5.2.3 - CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ may use the "personal user" information on the "site" or the "user" information regarding membership for "user" security, performance of its own obligations and some statistical evaluations. They can classify and maintain this information on a database.
Article 5.2.4 - CONCEPT TASARIM ÜRÜN PAZARLAMA
LİMİTED ŞİRKETİ removes from access the messages and comments that are
contrary to the operation, general rules, general morality of the
"site", which are defamatory and unacceptable at any time; They may
temporarily or permanently terminate the membership of the "user" who
enters these messages and comments, without any notice, and may request
pecuniary or non-pecuniary damages by initiating criminal and legal action.
Article 6 - Other Provisions
Article 6.1 - Intellectual Property Rights
Article 6.1.1 - All elements (including but not limited to design, text, images) on the “www.schmart.com.tr” site, copyrighted works) are used as belong to CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ. "Users" may not resell, share, distribute, exhibit the goods and services on the site "www.schmart.com.tr", information about the site and the copyrighted works of CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ, or cannot allow them to access or use the goods and services offered on the “www.schmart.com.tr” site.
Article 6.1.2 – All rights reserved as to assets, real and personal rights, commercial information and know-how, including all kinds of material and intellectual property rights owned through www.schmart.com.tr” services, “www.schmart.com.tr” information, “www.schmart.com.tr” copyrighted works of “www.schmart.com.tr”, the trademarks of “www.schmart.com.tr”, the commercial appearance of www.schmart.com.tr of CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ.
Article 6.2 – Amendments in Agreement
Article 6.2.1 – CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ may, at its sole discretion and unilaterally, make changes and/or adaptations to this Agreement at any time it deems appropriate and announce it on the site. The amended provisions of this contract shall become valid on the date of their announcement, and the remaining provisions shall remain in effect and continue to have their provisions and consequences.
Article 6.2.2 - This agreement cannot be changed by the unilateral declarations of the "user".
Article 6.3 - Force Majeure
Article 6.3.1 - In all cases considered as force majeure by law, the legal definition of the agreement by CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ, late or incomplete, not performing any of its obligations, duly performing or not performing the contract properly or not at all. will not be visible in Due to these situations, there shall be no legal liability, and no claim for compensation shall be raised.
Article 6.3.2 - The term "force majeure" means all causes protected by legal provisions, including but not limited to natural disasters, riots, wars, strikes, communication problems, infrastructure and internet failures, power outages and bad weather conditions, and shall be interpreted as inevitable events which are unforeseen and beyond the reasonable control of the related party that CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ could not prevent despite due diligence.
Article 6.4 - Applicable Law
Turkish Law shall be applied in the implementation and interpretation of this Agreement and in the management of the legal relations arising within this Agreement, and ISTANBUL Courts shall be the sole authority.
Article 6.5 - Termination of Contract
Article 6.5.1 - This agreement shall remain in effect as long as the "user" is a member of the "site" and shall continue to have inter-party provisions and consequences, and shall be deemed terminated in the event that the "user"'s membership period expires or his membership is suspended temporarily or permanently.
Article 6.5.2 – CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ may terminate the Agreement unilaterally in the event that "users" violate this Agreement, its annexes, similar rules regarding use, membership, goods and services in the site, and especially in the cases listed below, and " Users shall be obliged to compensate for all losses incurred by CONCEPT TASARIM ÜRÜN PAZARLAMA LİMİTED ŞİRKETİ due to termination:
Article 6.5.2.a - "User"’s act to manipulate the operation of the site by using any method,
Article 6.5.2.b - "User" transfers or makes available the user profile created for him,
Article 6.5.2.c - "User"’s actions that violate and/or threaten the rights of third parties,
Article 6.5.2.d - "User"’s making purchases on www.schmart.com.tr using credit cards and/or accounts belonging to others without permission. "User", while fulfilling membership procedures, benefiting from "site" goods and services and performing any transaction related to "site" goods and services, accepts to comply with all the conditions in this agreement, the rules specified in the relevant parts of the "site" and all applicable legislation and accepts that he/she understands and approves all the above-mentioned terms and rules.