MEMBERSHIP AGREEMENT


MEMBERSHIP AGREEMENT

Using the website http://www.figarob2b.com and/or information on the website and/or signing up for this site shall mean that you have read, understood and accepted the terms and conditions below. It is of great importance to visit this section, when you visit our site, in order to be informed about changing conditions. If you do not accept the relevant terms and conditions, please do not use our website. 

1. PARTIES

a) Figaro B2B, operating the website of http://www.figarob2b.com (hereinafter referred to as “Website”) and having its headquarters at Nuru Osmaniye Cad. Şeref Efendi Sok. No: 36 Mollafenari Mh. Eminönü,

 b) Internet user who has signed up for http://www.figarob2b.com (hereinafter referred to as “Website”) (hereinafter referred to as “User”) 

2. SUBJECT OF THE AGREEMENT

The subject of this Agreement is determining the terms and obligations regarding the User's utilization of the Website. 

3. TERMS OF USE

3.1. People under the age of 18 are not permitted to make a purchase from the Website. When the user logs in and/or signs up, he/she declares and accepts that he/she is over 18 years old. 

3.2. When you make a purchase from the Website, you agree that this is a purchase for personal use, not for resale purposes. 

3.3. You do not have to be a member of the system to make a purchase from the Website. However, we recommend you to become a member so that you can benefit from various advantages and make your next purchases even faster. Signing up for the Website is free and very easy. 

3.4. The User shall agree that the address, e-mail, fixed and mobile phone numbers, and other contact information, which are provided on the site registration form or later updated by him/her, are correct before the law; that he/she is obliged to compensate all damages incurred by Figaro B2B due to this information being incorrect exactly and immediately; that Figaro B2B has the right to get in contact with the user for information, communication, marketing, notification and other purposes through the information provided by the user via letter, e-mail, SMS, phone call and other means of communication; that unless otherwise is notified in writing, upon signing this agreement, Figaro B2B can contact the user to perform the above-mentioned communication activities; and that the user information can be used within the framework of marketing activities. 

3.5. The prices of all products presented for sale on the website and the sales conditions shall be applicable only on the Website. 

3.6. Figaro B2B shall, without prior notification, have the right to change the prices, images, features, Website terms of use and all other information published on the Website and, if available, its extensions, to rearrange the site and to terminate and discontinue publishing if necessary. If changes are made to the site and/or its extensions, these changes will take effect on the date of publication and if the User logs in and/or uses the Website, it shall mean that he/she accepts these changes. Figaro B2B shall reserve the right to change and update these terms of use whenever it deems necessary. 

3.7. Figaro B2B shall not be responsible for the errors related to price and content caused by typesetting and system errors and shall reserve the right to cancel incorrectly displayed orders. 

3.8. Trademarks, trade names, titles, logos, graphics, patterns, images, overview, and texts on the website and, if available, on its extensions, and all other materials and technical data used on the site are owned by http://www.figarob2b.com and Midas Pazarlama ve Dış Ticaret A.Ş., which owns the website, and are under legal protection. The text and graphic files presented on the Website are protected by copyright and/or registered trademark laws or by any other means as a registered design of http://www.figarob2b.com. The elements included in the website and its extensions, including the text or visual materials mentioned above, cannot be used without prior permission. No material and functionality presented on the Website can be published, copied, reproduced, modified, translated into another license, sent by mail, uploaded to a computer, used for any purpose, provided a link or used on other websites without the consent of Figaro B2B. All other rights, apart from those mentioned above, are reserved and Figaro B2B shall have the right to resort to all kinds of legal and criminal remedies in case of violation of the above issues. 

3.9. Under no circumstances shall Midas Pazarlama ve Dış Ticaret A.Ş. be responsible for any direct and/or indirect damages that may occur for any reason whatsoever as a result of accessing the Website and its extensions, if any, and using information and other data presented on the Website. 

3.10. If a link to the Website(s) that Figaro B2B does not own is provided from the Website, under no circumstances shall Figaro B2B have any legal, administrative, criminal, and another kind of responsibility for the content and/or the links they contain. The risk that may arise from accessing such sites shall be at the User’s responsibility. 

3.11. For any reason whatsoever, Figaro B2B shall have no responsibility in cases where the transaction carried out by the user is interrupted, deleted or lost, there is a delay in the transaction, his/her computer is infected, records are accessed without permission, the user is exposed to theft, and the records are changed or used. 

3.12. The date, when the orders made through EFT/Money Transfer are put into the process, is not the date on which the order was made, but the date on which the payment reaches our bank accounts. 

3.13. Figaro B2B does not keep the stock all of the products presented for sale on the website http://www.figarob2b.com. Ordered products are produced when deemed necessary. However, for various reasons, it may not be possible to manufacture products that are ordered and not in stock. In such cases, the person who gave the order is informed by e-mail or telephone and the total amount received for the product is returned to the credit card if the order was made using a credit card and to the bank account if it was made via money transfer/EFT. 

3.14. The user's right to access the website may be prevented if it is detected that incorrect, incomplete and misleading information and information that is contrary to the public morality, public order and laws of the Republic of Turkey are provided on the Website, activities listed in article 1.18 and similar to those listed and activities threatening the security of the Website and operating system are attempted, the information in the Website content is tried to be changed or deleted, and so on. About people and institutions involved in such activities, Figaro B2B reserves all its legal rights, including the right to terminate the Agreement unilaterally. 

3.15. The User does not have the right to share information such as username and password with third parties and organizations and to access and use other users' information. The User is responsible for any damages arising from his/her actions contrary to this article. Any legal/administrative/criminal liability arising from such uses shall belong to the user. 

4. LIABILITIES 

4.1. The User shall agree, declare and undertake that he/she will act in accordance with the notices published by Figaro B2B regarding the services it offers and all kinds of legal regulations including Turkish Criminal Code, Turkish Code of Obligations, Turkish Civil Code, Turkish Commercial Code, Law on Intellectual and Artistic Works, Trademark and Patent Legislation while using the site and that otherwise, any legal, criminal and administrative liabilities shall belong to his/her in case of contrary use. 

4.2. The User cannot use the Website for a purpose that is against public morality, to disrupt public order, and to offend others in an illegal manner. 

4.3. If Figaro B2B finds out that the User is in breach of his/her liabilities listed in article 4.1 and of general rules not mentioned here but specified on the Website, it shall have the right to block his/her use for a definite period/indefinite period and/or close his/her account and terminate the agreement unilaterally. 

4.4. The User shall agree, declare and undertake that he/she will compensate for all kinds of damages that Figaro B2B will suffer due to his/her failure to fulfil the obligations undertaken by this agreement and that Figaro has the right of recourse to the User for any compensation or administrative/judicial fines that Figaro may have to pay to public institutions or third parties due to the User’s behaviours contrary to the agreement. 

4.5. If the User wants to cancel his/her membership, he/she will be able to cancel the membership through the Website. If the membership is cancelled, the user's authority to access the site will be removed.  

4.6. The User shall be solely responsible for keeping the correspondences made between him/her and Figaro B2B. Under no circumstances can Figaro B2B be held responsible for the deletion and/or loss of these correspondences. 

4.7. If the User cancels his/her account, Figaro B2B shall reserve the right to delete information about the relevant account. The User shall, therefore, be not entitled to claim rights and indemnities from Figaro B2B under any circumstances. 

4.8. The relationship of the User with other users shall be completely under his/her own responsibility. The User cannot engage in activities (spam, virus, Trojan horse, etc.) and processes that prevent or complicate the use of the site by other users or people who use the site without being a member. Otherwise, the right of Figaro B2B to file a criminal complaint and to disclose the identity information of the User in case of an inquiry request from the official authorities shall be reserved. Figaro B2B shall have the right to terminate the User account and to request the compensation of any damages that have arisen or will arise. 

4.9. Although Figaro B2B has taken all necessary measures to prevent the Website from software infected by viruses, Users must supply a virus protection program to provide ultimate protection. The User shall be responsible for all damages that may occur in his/her software and operating system after logging in the Website. 

4.10. Figaro B2B shall reserve the right to make amendments unilaterally to the terms of this agreement without any notification, to stop the services provided to the Users continuously/temporarily and to change the content of the Website. In case of any changes in the abovementioned issues, Figaro B2B shall publish the updated status on the Website. The updated terms of use shall become effective after being published on the Website.

4.11. Figaro B2B may disclose the User's personal information within the framework of integrity rules to act in accordance with legal requirements or to protect and defend Figaro B2B's rights and property when it is required to do so as a legal obligation. 

4.12. The opinions and thoughts expressed and used by the Users on the website are purely Personal opinions of the Users and only binds the owner. Figaro B2B cannot be held responsible for any damages that third parties may suffer due to the opinions declared by the User and damages that the User may suffer due to opinions declared by third parties. 

4.13. If it is found out that the User has performed any activity contrary to the terms of this agreement, Figaro B2B shall have the right to terminate the user agreement unilaterally without any notification. 

4.14. The Parties shall acknowledge and agree that all computer records of Figaro B2B will be the sole and true exclusive evidence in accordance with Article 193 of the Code of Civil Procedure and that the records in question constitute a contract of evidence. 

5. ENFORCEMENT

The User shall agree, declare and undertake that he/she will comply with this agreement by completing and approving this registration form or by purchasing service or giving orders through this Website. The Agreement shall be terminated when the duration of membership ends or can be unilaterally terminated by Figaro B2B without any warning if any of the reasons for termination mentioned in this Agreement occur.

6. AUTHORIZED COURT 

Istanbul courts and enforcement offices shall be authorized in the settlement of disputes arising from this Agreement between the Parties. 

7. NOTIFICATION   

7.1. The e-mail address reported by the user to Figaro B2B shall be accepted as the e-mail address required to request the legal address for any notification regarding this Agreement. Any notification made to the User using this e-mail address shall be deemed to be received by the User 1 day after the mail is sent. 

7.2. The parties must notify the other party in writing of the changes in their existing e-mail within 5 (five) days. Otherwise, they shall agree that requests sent to old e-mails shall be valid and deemed to have been made to them. 

The User shall agree, declare and undertake that he/she has read, understood, and accepted all of the articles in this User Agreement, that he/she has confirmed the accuracy of the information he/she has been provided, and that he/she gives consent to all commercial e-mails sent to him/her after this confirmation.