USER AND MEMBERSHIP AGREEMENT
1. PARTIES
This User and Membership Agreement (“Agreement”) has been concluded between Vals Diamond A.Ş. (“Vals Diamond”), which owns www.valsdiamond.com and mobile device applications and is located at the address “Altınkum mah. Atatürk blv. 127/A Sefa apartmanı Konyaaltı/ANTALYA“ and Vals Diamond A.Ş. (”Vals Diamond"); and the website user who subscribes to www.valsdiamond.com (“Site”) and mobile device application (“Application”) by accepting the following terms or the user who subscribes to the application installed on mobile devices (“Member”) in order to determine the conditions for the Member to benefit from the services offered by Vals Diamond.
Vals Diamond and the Member shall be referred to as “Party” and together as “Parties” in this Agreement.
2. DEFINITIONS
User: A person who visits the Website and the Application with or without shopping.
Member: A natural or legal person who wants to benefit from Vals Diamond to purchase products from Vals Diamond, fills out the Membership Form (“Form”) completely, and whose membership is approved and accepted by Vals Diamond.
Users over 18 (eighteen) years of age can become a member by filling out the Form on the Site completely with their real identity information. Companies (individuals and partners), Collective Companies, Ordinary Limited Partnerships, Limited Partnerships divided into shares, Limited Liability Companies, Joint Stock Companies, Cooperatives and other institutions that want to become a member, and their legal authorized person who has completed the age of 18 with their legal information, can become a Member by filling out the Form on the Site completely and can make transactions on behalf of their institutions. “Member Name” is unique to each member and the same ‘Member Name’ cannot be given to two different Members.
3. SUBJECT OF THE AGREEMENT
The subject of this Agreement covers the rights and obligations of the Member's use of the Site and Application, the services to be provided by Vals Diamond from the date of activation of the Member. By signing this Agreement, the Member accepts, declares and undertakes that he/she knows all his/her obligations.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. In order to have membership status, the User who wants to become a Member must approve this Agreement on the Site and/or Application and fill in the requested information correctly and up-to-date. After this application is approved by Vals Diamond, the Member will be notified of this situation and will gain Membership status. Thus, the Member will be able to benefit from the rights and obligations set forth in the Agreement and the Application and will become responsible for the obligations.
4.2. The User who wants to become a Member must have completed 18 (eighteen) years of age. Persons under 18 (eighteen) years of age shall not be able to shop on the Site and/or the Application. By logging in to the Site and/or becoming a member, the person shall be deemed to have declared and accepted that he/she is over 18 (eighteen) years of age.
4.3. Each user can also make purchases through the Site or the Application. However, only www.valsdiaomond.com Members can benefit from various advantages.
4.4. The Member accepts and undertakes to act in accordance with the provisions of this Agreement, all conditions, obligations, applicable legislation and ethical rules specified in the Site and Application in all transactions and correspondence made on the Site and Application. Any legal and criminal liability arising from the transactions and actions carried out by the Member within the Site and Application belongs to him/her.
4.5. The Member agrees that the address, e-mail address, landline and mobile phone lines and other contact information provided in the Form or subsequently updated by him/her are correct in the eyes of the law, that Vals Diamond is obliged to compensate all damages incurred by Vals Diamond due to the untruthfulness of this information in full and immediately, that Vals Diamond has the right to reach the Member for communication, marketing, notification and other purposes via e-mail, SMS, phone call and other means through the information provided by the Member, that unless otherwise notified in writing, with the approval of this Agreement, Vals Diamond may contact him/her in order to carry out the above-mentioned communication activities, that use their information within the framework of their own marketing activities, that share with third parties within the framework of the Personal Data Protection.
4.6. The trademarks, trade names, titles, headings, logos, graphics, patterns, visuals, general appearance, commercial appearance, texts and all other materials, technical data used on the Site, the Application and, if any, their extensions are the property of https://www.valsdiamond.com and its affiliated Vals Diamond and are under legal protection. The text and graphic files presented on the Site and the Application are protected by copyright and/or trademark laws or by any other means by the intellectual property rights of https://www.valsdiamond.com. For this reason, no element of the Site, the Application and its extensions, if any, including any text or visual material listed above, may be published, copied, reproduced, modified, reproduced, translated into another license, mailed, uploaded to a computer and used for any purpose whatsoever, linked, used on other websites without prior permission. All other rights other than those listed above are reserved and Vals Diamond has the right to take all kinds of legal and criminal remedies in case of violation of these provisions. The Member accepts and declares that he/she is aware of all these matters.
4.7. Vals Diamond is not responsible for price and content errors due to typographical and system errors. It reserves the right to cancel orders with typographical and system errors.
4.8. Vals Diamond shall not be liable for any direct and / or indirect damages that may arise for any reason whatsoever as a result of accessing the Site and the Application and its extensions, if any, and using the information and other data contained on the Site.
4.9. In the event that links are provided through the Site to websites that are not owned by Vals Diamond; Vals Diamond does not accept any legal, criminal, administrative or other liability for the content of these sites / sites and / or the links they contain. The Member and Users know, accept and declare that the risks and any damages that may arise in case of access to these linked sites belong entirely to the Member and Users.
4.10. Vals Diamond shall have no liability whatsoever for any interruption, deletion, loss, delay in processing, computer virus, unauthorized access to records, theft, alteration or use of records.
4.11. The processing date of wire transfer/EFT orders is not the date the order is placed; it is the date Vals Diamond confirms that the payment has reached Vals Diamond's bank accounts.
4.12. For wire transfer/EFT orders, orders that are not paid within 72 (seventy-two) hours and then not notified to Vals Diamond that the transaction has been made via electronic mail will be canceled. The Member and the User are aware of and accept this matter.
4.13. Vals Diamond does not keep stock of all products offered for sale on the Website. Some ordered products are produced on order. However, for various reasons, it may not be possible to produce the ordered products that are not in stock. In this case, the person who placed the order will be notified via e-mail or telephone and the amount received for the product will be refunded to the credit card if the order was placed using a credit card; if the order was placed via money order / EFT, it will be refunded to the bank account without any penal clause, interest, etc.
4.14. If there are suspicions that there is incorrect, incomplete or misleading information on the Site, as well as content contrary to the general rules of morality and the law of the Republic of Turkey, as well as activities that threaten the security of the Site and the operating system, or if attempts to modify or delete the content of the Site are noticed, the Member and User's access to the Site may be stopped and Membership may be suspended. Vals Diamond reserves the right to terminate the Agreement unilaterally and reserves all legal and penal rights against persons or institutions engaged in such activities.
4.15. The Member is obliged to create a user name and password in order to perform transactions on the Site and/or Application. The security and confidentiality of this information is the sole liability of the Member. The Member accepts that the transactions performed with his/her username and password are made by him/her. In addition, the Member undertakes that the liability arising from these transactions belongs to him and that he will not make any objection. The Member is prohibited from sharing his/her username and password with third parties, accessing or using the information of other members. The Member is solely responsible for any damages arising from such violations. Any legal, administrative or criminal liability also belongs to the Member.
4.16. The Member and Users declare, accept and undertake to act in accordance with the notifications to be published by Vals Diamond regarding the services offered by Vals Diamond while using the Site, and all kinds of legal regulations, especially the Turkish Penal Code, Turkish Code of Obligations, Turkish Civil Code, Turkish Commercial Code, Law on Intellectual and Artistic Works, Industrial Property Law; In case of non-compliance, all legal, criminal and administrative liability will belong to the Member and the User.
4.17. The Member and the User may not use the Site for any purpose that is contrary to general morality, aimed at disrupting public order, disturbing others, and contrary to the law.
4.18. In the event that it is determined that Vals Diamond, its Members and Users do not comply with the obligations listed in this Agreement and / or the general rules specified on the Site, although not listed herein, Vals Diamond has the right to block the use of the Site by the Member or User for a period of time / indefinitely and / or to close its account and to terminate the Agreement unilaterally.
4.19. The Member and the User hereby declare, accept and undertake to indemnify Vals Diamond in full for any damages that Vals Diamond may incur due to its actions contrary to the obligations it has undertaken with this Agreement, and declare, accept and undertake that Vals Diamond has the right of recourse to the Member and Users in full for any compensation and / or administrative and judicial fines that Vals Diamond may have to pay to public institutions and / or third parties due to the Member's and User's actions contrary to the Agreement.
4.20. If the Member wishes to cancel his/her membership, he/she must notify this request by e-mail to info@valsdiamond.com or by phone to 0(242)2427475. If the membership is canceled, the authorization to enter the site as a Member will be removed.
4.21. It is the sole liability of the Users and Members to keep all kinds of correspondence with Vals Diamond and Vals Diamond cannot be held responsible in any way for the deletion and/or loss of such correspondence.
4.22. In the event that the Member terminates his/her account, Vals Diamond reserves the right not to delete/delete the information related to the account in accordance with the law on the protection of personal data and not to share/share it with third parties. In this case, the Member shall have no right to claim any rights and compensation from Vals Diamond in any case and under any circumstances.
4.23. The relationship of the Members with other members is entirely under their own responsibility and the Members cannot engage in activities (spam, virus, trojan horse, etc.) and transactions that prevent or make it difficult to use the site with other members and / or non-members. Otherwise, Vals Diamond reserves the right to file a criminal complaint and to disclose the identity information of the Members in case of an investigation request from the official authorities, and Vals Diamond has the right to terminate the Membership account and to demand compensation for any damages incurred and / or to be incurred.
4.24. Although Vals Diamond has taken the measures it can take to ensure that the Site, Application does not contain viruses, etc., the Member is responsible for all damages that may occur in its own software and operating systems when members enter the website, use the mobile application.
4.25. Vals Diamond may, at its sole discretion, unilaterally change any policies, terms and conditions, including the Privacy Policy, contained in the provisions of this Agreement and on the Site at any time it deems appropriate, without prior notice to the Member. Vals Diamond reserves the right to permanently / temporarily stop the services provided to Members and Users and to change their content. The amended provisions of this Agreement shall become effective on the date they are announced on the Site and Application, and the remaining provisions shall remain in full force and effect and shall continue to have their provisions and consequences.
4.26. The Member shall not assign its rights or obligations under this Agreement in whole or in part without the prior written consent of Vals Diamond.
4.27. The ideas and opinions declared and used by the Member and Users on the Site and the Application are the personal opinions of the relevant persons and bind the opinion holder. Vals Diamond shall not have any legal, criminal or economic liability for any damages that may be incurred by third parties due to the ideas and opinions expressed by such persons and for any damages that may be incurred by Members and Users due to the ideas and opinions to be expressed by third parties.
4.28. The Parties agree that in disputes that may arise under this Agreement, all official books and commercial records of Vals Diamond and e-archive records, electronic information and computer records kept in Vals Diamond's database and servers shall constitute binding, conclusive and exclusive evidence and that this article is an evidential contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
4.29. Vals Diamond may, upon request of the competent authorities in accordance with the applicable legislation, share the Member's information with such authorities.
4.30. The personal data received from the Members during membership to the Site and Application and/or during shopping may be transmitted to other Members who may be parties to the dispute in order to enable the parties to exercise their legal rights, limited only to the requested subject matter and limited only to this scope, in disputes arising between the Member and/or Sellers regarding forgery, fraud, misuse of the Site and Application, and matters that may constitute a crime within the meaning of the Turkish Penal Code.
4.31. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof. If any provision of this Agreement is held by any court, arbitration tribunal or administrative authority of competent jurisdiction to be invalid or unenforceable or unreasonable in whole or in part, the other provisions shall continue in full force and effect in the event of such invalidity.
5. PRIVACY
5.1. Vals Diamond attaches importance to the processing, security and protection of the personal data provided by the Member through the Site and Application in order to benefit from the services offered on the Site and Application in accordance with all kinds of legislation, including the Personal Data Protection Law No. 6698. In this context, Vals Diamond collects, uses, transfers and otherwise processes the personal data provided by the Member in accordance with the Privacy Policy available at the link www.valsdiamond.com. The Privacy Policy is an integral part of this Agreement.
5.2. By using the services and/or creating an account, the Member expressly and freely consents to the collection, use, transfer and other processing of his/her personal data as specified in the Privacy Policy. The Member will be able to access the conditions regarding the use of personal data and Vals Diamond's policies on this subject via www.valsdiamond.com on the Site.
5.3. Personal data declared and consented to be shared by the Member on the Site and the Application are collected, stored, processed, used and shared with third parties in accordance with the Privacy Policy by Vals Diamond or its business partners in order to fulfill the obligations specified in this Agreement, to carry out the applications required for the operation of the Site, to provide and offer various advantages for the Member and to carry out all kinds of electronic communication, profiling, statistical studies for Member-specific advertising, sales, marketing, surveys, similar purposes.
5.4. The Member accepts and declares that he/she consents to the use and storage of his/her personal data by Vals Diamond in this way. Vals Diamond shall take all necessary measures to ensure that such personal data are stored securely in accordance with Article 12 of the Personal Data Protection Law No. 6698 and to prevent unauthorized access and unlawful data processing. The Member has the right to exercise the rights it has on its personal data in accordance with Article 11 of the Personal Data Protection Law No. 6698 and to make changes or updates to such data at any time.
6. FORCE MAJEURE
Including riots, embargoes, state intervention, rebellion, occupation, war, mobilization, strikes, lockouts, labor actions or boycotts, employee-employer disputes, cyber-attacks, communication problems, infrastructure and internet failures, improvement or renewal works related to the system and failures that may occur for this reason, power outage, fire, explosion, storm, flood, flood, earthquake, migration, epidemic or other natural disaster or if any other event beyond Vals Diamond's control, not due to its fault and not reasonably foreseeable (“Force Majeure”) prevents or delays Vals Diamond from performing its obligations under this Agreement, Vals Diamond shall not be liable for any obligations whose performance is prevented or delayed as a result of Force Majeure and such delay shall not be deemed a breach of this Agreement.
7. EFFECTIVENESS
By reading, filling out and approving the Form or by using the Site and Application to receive services or place orders, the Member is deemed to have declared, accepted and undertaken to comply with this Agreement. The Agreement may be unilaterally terminated by Vals Diamond without any notice upon termination of membership or upon the occurrence of any of the termination events listed in this Agreement.
8. COMPETENT COURT
This Agreement shall be exclusively governed by the laws of the Republic of Turkey. Any dispute arising out of or in connection with this Agreement shall be under the exclusive jurisdiction of Antalya Consumer Arbitration Committees and Antalya Courts and Enforcement Directorates.
9. NOTICE
9.1. The e-mail address notified by the Member to Vals Diamond shall be deemed to be the e-mail address where the legal address will be requested for any notification to be made in relation to this Agreement. Any notice given to the Member using this electronic mail address shall be deemed to have been received by the Member 2 (two) days after the mailing.
9.2. Unless the parties notify the other party in writing within 5 (five) days of any changes in their existing electronic mails, they agree that any requests made to the old electronic mails shall be valid and deemed to have been made to them.
Consisting of 9 (nine) articles, this Agreement has entered into force as of the moment of approval by the Member by reading and fully understanding each provision and approving it electronically. In addition, the Member declares, accepts and undertakes that he/she has confirmed the accuracy of the information he/she has provided about himself/herself and that he/she has consented to all commercial content sent to him/her after this approval.
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