This Agreement, entered into between the owner of the www.jusdepommes.com website, Zelal Giyim Sanayi ve Ticaret Limited Şirketi, whose registered office is located at Sıracevizler Cad. Huzur Sk. No: 21, Bomonti 16340 İstanbul, Turkey, and the member (“Member”) who signs up to use the www.jusdepommes.com website (“Site”), is made under the following conditions.
The Member may begin using the Site by completing the registration process and confirming their email address, and in accordance with the conditions set forth in this Agreement.
In the event that the Agreement is entered into on behalf of a legal entity, the person entering into the Agreement on behalf of such legal entity represents and warrants that he or she has the authority to enter into such Agreement on behalf of the legal entity, and otherwise agrees to be personally liable for any resulting actions or inactions.
The Member agrees that upon beginning to use the services, they will be considered to have accepted all of the terms of the Agreement and that these terms will be binding on them.
Jus De Pommes reserves the right to change the following conditions, legislation or this Agreement at any time, at its own discretion, or by obtaining approval from the Member by sending an email.
1.11. The Member shall not use, resell, share, distribute, display, reproduce, modify, or create derivative works of Jus De Pommes' copyrighted works on the Site in any manner. Otherwise, the Member shall be liable for all damages suffered by Jus De Pommes.
1.12. Copying or using the software, which is owned by Jus De Pommes and used in the design of the pages and the creation of the database, is strictly prohibited.
1.13. The Member shall not remove or delete any copyright, trademark, or notes under the Intellectual and Artistic Works Law from any material copied or printed from the Site.
Jus De Pommes' Rights and Responsibilities 2.1. In the following circumstances, Jus De Pommes shall have the right to cancel the transaction, stop the Member's use, terminate the Member's membership, and unilaterally terminate this Agreement immediately:
(a) If incorrect, irregular, incomplete, and misleading information, or information that is not in accordance with general moral rules and not in compliance with the laws of the Republic of Turkey is recorded on the Site;
(b) If the works and data on the Site are partially or completely copied and used or attempted to be used.
(c) Members shall be directly responsible for any use of their user name and password or any other information provided by Jus De Pommes or chosen by the Member by third parties; Members are not allowed to use the IP address, email address, username or any other information of another person on the internet, and also cannot access or use the private information of other Members without permission. Any legal or criminal liability arising from such use shall be the responsibility of the Member;
(d) Use of software that threatens the general security of the Site, hinders the operation of the Site and software used, activities, attempts to obtain, delete, change information;
(e) If Jus De Pommes detects that the Member is causing damage to Jus De Pommes by taking advantage of any vulnerability of Jus De Pommes campaigns, sales system or Site (technical etc.), or if the Member is misusing the sales system or Site by making repeated applications, or obtaining an unjust benefit;
(f) If the Member acts in violation of all the conditions specified in the Agreement and the rules specified in the relevant parts of the Site and the applicable laws during the use of the Site or shopping.
2.3. Information of various users (such as name, surname, e-mail address, phone number, gender, date of birth, invoice and delivery addresses, etc.) who visit and/or shop on the Site, visitor activity, the frequency, time, and duration of the visitor's website visit, the time of ordering and the IP address at the time of the order, statistics of visited product pages and ordered products, which do not contain personal information, analysis of survey questions left completely to the preference of the user, and similar data can be processed for various purposes such as improving the quality of the services offered by Jus De Pommes, designing special promotion activities for Member profiles and customer "classification" studies for preventing unwanted e-mails. The information obtained or all personal data shared by the Member will be used for executing, completing and communicating the order processes, providing information about products, services, campaigns and promotions, conducting "classification" studies for preventing unwanted e-mails in line with the communication preferences of the Members, enriching and developing the Site content, trend and statistical analyses, strengthening the security of the Site, providing a more personal and effective shopping experience for the Members, in accordance with the confidentiality principles, even after the expiration of the Contract or termination of the Contract, it can also be shared with Jus De Pommes' domestic and foreign business partners (cargo, shipping, call center, database, etc. companies) under the condition that appropriate security measures are taken. However, Jus De Pommes will not use these data for any commercial purposes outside of its activity. This provision does not prevent the transfer of the contract to third parties.
On our website, we use small data files called "cookies" that are saved on users' computers during their visit, for the purposes mentioned above. These files are commonly used on all shopping websites to make the shopping experience more efficient and secure, and are industry standard files.
If you do not wish to use these files or want to be informed about their usage, you can make the necessary changes to your browser.
2.4. In addition, when a member uses a credit card to pay for a product received through the site, it is considered that the member has agreed to share the credit card number, the expiration date of the credit card, the CVV2 code, and similar information with relevant financial institutions for the purpose of carrying out the transaction.
2.5. Jus De Pommes has the right to use all information related to membership for its marketing activities, in accordance with this agreement and the Personal Data Protection Law, during and after the agreement period.
2.6. Jus De Pommes commits to ensuring that the member will benefit from the services covered by this agreement, except for technical failures and will not share the information shared by the member with third parties, except in cases where it is necessary to achieve the above-mentioned purposes or legal obligations.
3. TERM, SCOPE, AND DURATION OF THE AGREEMENT
3.1. The Member is deemed to have undertaken to comply with this Agreement as of the time they complete the registration process by confirming their email address or use this system to receive any service or place an order. The Agreement shall automatically become void without any warning upon the expiration of the membership or in case any of the termination cases listed in the Agreement occurs.
3.2. The Member hereby accepts that Jus De Pommes may cancel their Site membership and terminate this Membership Agreement at any time and for any reason, by informing the Member of the reason.
3.3. The membership cancellation and account deletion process can be done by sending an email to email@example.com. The user's ability to use the Site will be revoked upon termination of their membership.
The Member will be able to access the communication information that is included in the Agreement/ the right to use the Site at the end of the Site.
3.4. In order to ensure the continuity of the services Jus De Pommes has committed to, Jus De Pommes may make unilateral changes to this Agreement. Jus De Pommes shall have the right to discontinue or temporarily or permanently change the content of the service, including the prices published on the Site, at any time without any reason, provided that the ultimate purpose of the Site and the services provided remain the same. Jus De Pommes shall publish the updated membership terms on the Site with a date update and notify the Member via e-mail if necessary. The updated membership terms shall become valid as of the moment they are published on the Site and the use of the Site or services shall be bound by the new membership terms from that moment on.
3.5. In certain areas of the site, specific rules and responsibilities may be determined. Members using these sections are considered to have read and accepted the relevant rules.
3.6. The Member acknowledges that Jus De Pommes may transfer the Agreement to third parties, and by this Agreement, in accordance with Article 205 of the Code of Obligations, the Member gives irrevocable consent, statement and undertaking for the transfer of the Agreement.
4. GENERAL PROVISIONS
4.1. The validity, interpretation and execution of this Agreement shall be subject to the laws of the Republic of Turkey and the Istanbul Courts and Execution Offices shall be authorized for the settlement of any disputes arising from the Agreement.
4.2. The e-mail address reported by the Member to Jus De Pommes shall be accepted as the legal notification address for any kind of notification related to this Agreement.
4.3. If the Parties do not notify each other of the changes in their current e-mail addresses within 3 (three) days, they accept that the notifications made to their old e-mail addresses will be valid and considered as made to them.
4.4. Any notification made using the registered email address of the member will be deemed to have reached the member 1 (one) day after it is sent by Jus De Pommes.
4.5 Measures have been taken within the available means to ensure that the Jus De Pommes website is free of viruses and similar software. However, it is the user's responsibility to provide and ensure the necessary protection by obtaining their own virus protection system. In this context, by entering the Jus De Pommes website, the member is deemed to have accepted that they are responsible for any errors that may occur in their software and operating systems and any direct or indirect consequences thereof.
4.6 The parties agree that all computer records of Jus De Pommes shall be accepted as the sole and exclusive evidence in any disputes arising from this membership agreement and all agreements concluded between the parties in accordance with Article 287 of the Turkish Code of Obligations and such records shall constitute evidence agreement.
4.7 Jus De Pommes, under this membership agreement, has the authority to send informational emails to the electronic mail addresses registered with it and informational SMS messages to the mobile phones of the members, but by approving this membership agreement, the member will be deemed to have accepted the sending of such informational emails to their electronic mail address and informational SMS messages to their mobile phone. In the event that the member wishes to opt out of receiving such emails and/or SMS messages, they may cancel the email and/or SMS sending process.
5. ACCESS RIGHTS OF THE MEMBER REGARDING PERSONAL DATA
5.1. The Member, in accordance with Article 11 of the Personal Data Protection Law, by sending an e-mail to firstname.lastname@example.org or by applying in writing to the address specified below, has the right to:
(a) learn whether or not personal data is processed,
(b) request information if personal data is processed,
(c) learn the purpose of the processing and whether or not it is used in accordance with the purpose,
(d) learn the third parties to whom personal data is transferred, both domestic and foreign,
(e) request the correction of incomplete or inaccurate personal data,
(f) request the deletion/destruction of personal data in accordance with the conditions specified in Article 7 of the Personal Data Protection Law,
(g) request that the third parties to whom the personal data is transferred be informed of the procedures carried out in accordance with the above (d) and (e) paragraphs,
(h) object to the result that may occur against you due to the analysis made exclusively by automatic systems,
(i) request the compensation of damages if the data is processed in violation of the law.
5.2. Jus De Pommes will conclude the applications in the shortest time possible and free of charge within thirty days at the latest, depending on the nature of the request. However, if the process requires an additional cost for Jus De Pommes, the fee determined by the Personal Data Protection Board may be charged.
6. FORCE MAJEURE
In all cases of force majeure recognized by law, Jus De Pommes is not responsible for the late or incomplete performance of any of the obligations specified in this agreement due to reasons arising from such events. Such events and other similar situations will not be considered as delays, incompleteness or non-performance by Jus De Pommes and no compensation will be claimed from Jus De Pommes under any circumstances. The term "Force Majeure" shall be interpreted as unavoidable events that are beyond the reasonable control of the parties, including but not limited to natural disasters, rebellion, war, strike, communication problems, infrastructure and internet failures, power outages and bad weather conditions, despite the necessary care taken by Jus De Pommes.
The Member hereby declares, accepts and commits that he/she has read and understood all the provisions of this Agreement and confirms that the information provided is accurate.