MEMBERSHIP AGREEMENT

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

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

The web pages on our site and all related pages ('site') belong to and are operated by Mersan Mutfak company at www.mersanmutfak.com ('Company'). You ('User') acknowledge that you are subject to the following terms when using all services offered on the site, and by benefiting from and continuing to use the site services; you confirm that you have the right, authority, and legal capacity to sign the contract according to the laws applicable to you, that you are over 18 years old, that you have read, understood and agreed to abide by the terms written in this agreement.

This agreement is indefinite, imposes rights and obligations related to the subject site on the parties, and when the parties accept/approve this agreement online or in writing, they declare and undertake to fulfill these rights and obligations completely, accurately, timely, and within the conditions requested in this agreement.

1. RESPONSIBILITIES

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

2. The Company undertakes and guarantees that the member will benefit from the contract services except in cases of technical failures.

3. The User agrees not to perform reverse engineering or any other action aimed at finding or obtaining the source code during the use of the site; otherwise, the User shall be responsible for damages incurred by third parties and subject to legal and penal actions.

4. The User accepts sole responsibility for damages arising from providing incomplete or incorrect information during registration and agrees that the Company may terminate membership unilaterally without any notice or warning if the User supplies incorrect information or violates this agreement.

5. The Company may collect certain information for the improvement and development of the website and/or in accordance with legal regulations, such as the name of the Internet service provider used to access the site, Internet Protocol (IP) address, date and time of access, pages accessed during the visit, and the web addresses directly linking to the site. The User consents to the collection of this information.

6. The User agrees not to create or share content within site activities or communications that is contrary to general morality and etiquette, illegal, damaging to third parties' rights, misleading, aggressive, obscene, pornographic, infringing personality rights, violating copyright, or promoting illegal activities. Otherwise, the User is fully responsible for any damage arising, and the 'Site' authorities reserve the right to suspend, terminate such accounts, and initiate legal proceedings. Accordingly, if official authorities request information regarding activities or user accounts, the Site reserves the right to share this information with them.

7. Relationships between site members themselves or with third parties are their own responsibilities. 

2. INTELLECTUAL PROPERTY RIGHTS

2.1. All intellectual property rights, registered or unregistered, including titles, business names, trademarks, patents, logos, designs, information, and methods on this Site belong to the site operator and owner company or the designated party and are protected by national and international law. Visiting this Site or benefiting from its services does not grant any rights over these intellectual property rights.

2.2. Information on the Site may not be reproduced, published, copied, presented, and/or transferred under any circumstances. The whole or any part of the Site may not be used on other internet sites without permission. In such case of infringement, the User shall be liable for compensation claimed by the Company for damages caused to third parties as well as all other liabilities including court costs and attorney fees.

3. CONFIDENTIAL INFORMATION

3.1. The Company will not disclose personal information provided by users through the site to third parties. These personal details include the User’s name, address, telephone number, mobile phone, email address, and any other information identifying the User, collectively referred to as 'Confidential Information.'

3.2. The User agrees and declares consent for the owner company of the Site to share their contact, portfolio status, and demographic information with its affiliates or parent group companies for promotional, advertising, campaign, announcement, and similar marketing purposes and to receive electronic communications within this context. These personal data may be used within the company to create a customer profile, offer suitable promotions and campaigns, and conduct statistical analyses.

3.3. The User has the right to revoke the consent given under this agreement without explanation. The Company shall process the revocation immediately and cease sending electronic communications to the User within 3 (three) business days.

3.4. Confidential Information may only be disclosed to official authorities upon proper request and as required by mandatory legislation.

4. NO WARRANTY:

THIS CLAUSE OF THE AGREEMENT SHALL BE VALID TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. SERVICES OFFERED BY THE COMPANY ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES ABOUT THE SERVICES OR APPLICATIONS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, INCLUDING ALL INFORMATION CONTAINED THEREIN.

5. REGISTRATION AND SECURITY

The User must provide accurate, complete, and up-to-date registration information. Otherwise, this Agreement will be considered violated, and the User’s account may be closed without notification.

The User is responsible for the security of passwords and accounts on the site and third-party sites. The Company shall not be held liable for data loss, security breaches, or damage to hardware and devices resulting from breach of security.

6. FORCE MAJEURE

If obligations arising from the contract become impossible to fulfill due to reasons beyond the control of the parties, including natural disasters, fire, explosions, civil wars, wars, uprisings, public movements, declaration of mobilization, strikes, lockouts, epidemics, infrastructure and internet outages, power cuts (collectively referred to as "Force Majeure"), the parties are not liable for these. The rights and obligations of the parties under this Agreement shall be suspended during this period.

7. ENTIRE AGREEMENT AND VALIDITY

If any term of this agreement becomes partially or wholly invalid, the remainder of the agreement shall continue to be valid.

8. AMENDMENTS TO THE AGREEMENT

The Company may partially or fully amend the services offered on the site and the terms of this agreement at any time. Amendments shall become effective from the date they are published on the site. It is the User’s responsibility to follow 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 email address provided by the User in the membership form. The User accepts that the address provided during registration is the valid notification address and agrees to inform the other party in writing within 5 days of any change; otherwise, notifications made to this address will be considered valid.

10. EVIDENCE AGREEMENT

In case of any disputes regarding transactions related to this agreement, the parties’ books, records, documents, computer records, and fax records shall be accepted as evidence according to the Turkish Code of Civil Procedure No. 6100, and the User agrees not to object to these records.

11. DISPUTE RESOLUTION

The Istanbul (Central) Courthouse and Enforcement Offices shall have jurisdiction over any disputes arising from the implementation or interpretation of this Agreement.

Dear Customers, Potential Customers, and Website Visitors, as {ÜNALAN GROUP INDUSTRIAL KITCHEN TEXTILE IMPORT EXPORT INDUSTRY AND TRADE LIMITED COMPANY}, we place great importance on the protection of your personal data. Within this scope, in accordance with the Law No. 6698 on the Protection of Personal Data ("KVKK"), we would like to inform you about your personal data and processing procedures as the "data controller".

WHAT PERSONAL DATA DO WE PROCESS
Your identity information (Full Name, Date of Birth, National ID Number)

Your contact information (Address, email address, phone number)

Details regarding your use of the Site (Your behaviors on the Site, transactions, preferences, visited products, etc.)

Your User Name and Password specially assigned to you

Your company information (Company name, phone, address)

Upon the establishment of the Mersan Kitchen Contract;

Your identity information (Full Name, Date of Birth, National ID Number)

Your contact information (Address, email address, phone number)

If you request an invoice and share with us (National ID Number, Tax ID Number)

If you pay by credit card, processing for forwarding to the Payment Institution
If Bank Transfer is chosen as the Payment Method, Bank IBAN and information about the bank you use,

If You Are a User;
Your User Name and Password specially assigned to you

Your company information (Company name, phone, address)

Records of services provided by our company (Request and Complaint Management)

Records formed by the form received regarding your complaints

As a user, within the scope of the electronic commerce system we provide, the data processing status ... without specifying processing purposes and means, only storing and use of the system, information related to your customers created,

If You Give Permission For Electronic Commercial Communication;

Your identity information (full name,)

Your contact information (address, email address, phone number)

Details regarding your use of the Site (Your behaviors on the Site, transactions, preferences, visited products, etc.)

Marketing-related information (Date of birth, Site usage, shopping habits, demographic member/user/customer information such as address and habits, shopping habits-preferences, likes and related comments about all kinds of products and services, campaigns, surveys used and their content, invoice contents, payment methods (cash, credit card, etc.) and payment details (installment amount, etc.), old and new mobile/home/work phone/fax numbers, email addresses, identification data (cookies, web browser signals-information, IP, beacon, wired-wireless network connection information, etc.),

PURPOSES OF PROCESSING YOUR PERSONAL DATA

Your personal data may be processed for the following purposes in accordance with the legislation on the protection of personal data;

General Purposes:

When you contact us, your identity and contact information to resolve your problems and complaints and to contact you if necessary,
To fulfill our obligations arising from legislation, to fulfill our legal obligations including with authorized public institutions and organizations, especially information security, your identity, contact, invoice, and shopping information,
In disputes arising from the contract, your identity, contact, invoice, and shopping information to exercise all kinds of lawsuit, response, and objection rights before official institutions and organizations such as courts, enforcement offices, arbitration committees,
The identity and contact information to distinguish the records we create related to you in our system from those related to other customers, to enable you to benefit from after-sales operational processes without presenting an invoice/receipt,
Your identity and invoice information to issue an invoice upon your request,
If you want to make your payment by credit card, your credit card information for the payment to be received (credit card information is transferred to the payment institution without being recorded.)

Your identity, shopping, and invoice information to fulfill our retention obligations arising from legislation

If You Are a User,

Within the scope of the User Complaint and Request Form, to ensure product development and to respond to your requests immediately,

For the monitoring of regular payments and arrangement to be made with your account information and to manage your Electronic Commerce environment,

Transactions you made as a user to ensure the operation of your electronic commerce site,

For the management of your requests within the scope of the service provided and to ensure the best service principle and the best electronic commerce of Users,

For the management of your electronic commerce site with business partners on the website or those we transfer your data upon request,

If You Give Permission For Electronic Commercial Communication

We process your identity, contact, shopping, and marketing-related information to create/conduct general or personalized campaigns, advantages, promotions, advertisements, notifications, marketing activities and to carry out all kinds of commercial communication activities directed to you.

METHOD AND LEGAL REASON FOR THE COLLECTION OF YOUR PERSONAL DATA

Your personal data are processed by {ÜNALAN GROUP INDUSTRIAL KITCHEN TEXTILE IMPORT EXPORT INDUSTRY AND TRADE LIMITED COMPANY} within the scope of your transactions on the Site, your requests and complaints or your purchases, as well as all kinds of purchases, collections, deliveries, transactions, surveys carried out on the Site, electronically or automatically collected via systems within the scope of your Electronic Commercial Communication Permission.

{ÜNALAN GROUP INDUSTRIAL KITCHEN TEXTILE IMPORT EXPORT INDUSTRY AND TRADE LIMITED COMPANY} collects your personal data based on the legal reasons of "processing the data is necessary for the establishment and performance of a contract", "fulfillment of a legal obligation", and "processing is mandatory for the legitimate interests of the data controller" for ... processes on the Site; on the legal basis of "fulfillment of a legal obligation" regarding our retention obligations arising from legislation; on the basis of "processing is necessary for the establishment and performance of a contract" if you are a user and "processing is necessary for exercising a right" for the follow-up of your requests and complaints; and in case you give Electronic Commercial Communication Permission and for offering new services with Data Partners, on the legal basis of explicit consent.

The presence of explicit consent; having been clearly stated in other legislation that our Company is subject to,

Being directly related to the conclusion or performance of a contract, requiring the processing of personal data belonging to the parties to the contract in order to provide requested products and services and fulfill the contracted agreements,

Being mandatory for fulfilling a legal obligation,

Being publicly disclosed by the relevant person him/herself,

Being mandatory for the establishment, use or protection of a right through data processing,

Being mandatory for processing data for the legitimate interests of the data controller provided that it does not harm the fundamental rights and freedoms of the relevant person.

The presence of explicit consent; Personal data other than health data can be processed without explicit consent in cases prescribed by laws,

Health-related personal data can be processed only for the purposes of protecting public health, preventive medicine, medical diagnosis, treatment, and care services, planning, and management of health services and its financing by persons under confidentiality obligation or authorized institutions and organizations without the explicit consent of the relevant person.

TRANSFER OF YOUR PERSONAL DATA

{ÜNALAN GROUP INDUSTRIAL KITCHEN TEXTILE IMPORT EXPORT INDUSTRY AND TRADE LIMITED COMPANY} transfers your personal data;

To domestic and international business partners and service providers (call centers, personal data collection services through devices, marketing consultancy, database, electronic communication tool service providers, consultancy firms, etc.) for receiving information technologies, marketing activities, or consulting requiring expertise, or for support in personal data collection processes, including cross-border transfer when our domestic partners' servers are abroad,

With our dealers and business partners to resolve your purchases and all other product requests through the Site,

With business partners to whom we transmit your data upon your permission on the Site and who provide services you want to receive,

To authorized and responsible public institutions and judicial authorities for providing required information and documents and fulfilling other relevant obligations and to use our legal rights such as lawsuits, responses, and claims,

If you pay by credit card, your credit card information is transferred to the related bank, electronic payment institutions, or third parties providing such services without being recorded by ………….

YOUR RIGHTS

According to Article 11 of the Law; through the methods specified in the "Contact" section of this Policy

To learn whether your Personal Data have been processed,

To request information if your Personal Data have been processed,

To learn the purpose of processing your Personal Data and whether they are used in accordance with their purpose,

To know third parties to whom your Personal Data are transferred domestically or abroad,

To request correction of your Personal Data if they have been processed incompletely or inaccurately,

To request the deletion or destruction of your Personal Data within the framework of conditions stipulated in the KVKK legislation,

To request notification of the third parties to whom your Personal Data were transferred,

To object to the emergence of a result against you by analyzing processed data exclusively through automatic systems,

To claim compensation for damages in case you suffer damage due to unlawful processing of your Personal Data.

CONTACT

You can send your applications to the Data Controller Enes Yılmaz at the email address allocated for this application procedure enesyilmaz@mersanmutfak.com from your email registered in the system or in writing to the address of Ramazan Ünalan below (Please note that in cases where the relevant request must be made according to a specific procedure required by law, compliance with such procedure is necessary.)

Address: HÜRRİYET NEIGHBORHOOD PAŞAÇAYIRI STREET NO: 41 B GAZİOSMANPAŞA/ ISTANBUL

Phone: 0507 603 58 44