Lovetti Membership Agreement
1.PARTIES
This Membership Agreement has been signed between Mavera Tekstil A.Ş (“MAVERA”), the owner of b2b.lovetti.com, residing at Yunusemre Mh. Dikencik Cd. No:11/1 Yıldırım/ BURSA and the member (“Member”) who becomes a member of Tsoft ("Platform") site by accepting the following terms, in order to determine the conditions for the Member to benefit from the Services offered by MAVERA.
MAVERA and the Member shall be referred to as “Parties” together in this Membership Agreement.
2.DEFINITIONS
Seller: It refers to the legal entity that offers or sells the goods or services subject to electronic commerce through the platform.
Buyer: It refers to the natural person or the legal entity who purchases or acts for the purpose of purchasing goods or services of the Seller subject to electronic commerce through the Platform.
P.D.P.L Membership Privacy Policy and Privacy Notice: It is the privacy notice created by MAVERA regarding personal data, including the purposes and method that MAVERA will use for the personal data that the members transmitted through the Platform.
My Account Page: It refers to the Member specific page where the Member can carry out the necessary transactions to benefit from various applications and Services on the Platform, enter the personal data and information requested on the basis of the application, and which can be accessed only by the user name and password specified by the relevant Member.
Services: It refers to the applications that are put forward by MAVERA in order to enable members to carry out the works and transactions defined in this Membership Agreement.
Member: It refers to the natural persons who have accepted the Membership Agreement, terms of use, and privacy notices on the Membership Agreement page as the "Member".
User: It refers to the people who visit the b2b.lovetti.com page without being a member of the site.
3.RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. In order to gain the membership status, the user who wishes to become a Member must approve this Membership Agreement on the Platform, fill in the information requested herein with accurate and up-to-date information, and the Membership application must be evaluated and approved by MAVERA. The user who wishes to become a member must be over 18 (eighteen) years old. Upon completion of the approval process and notifying the Member, the Membership status begins and thus the Member obtains the rights and obligations specified in this Membership Agreement and in the relevant parts of the Platform. The Member, who does not provide accurate and up-to-date information while filling out the subject Membership Agreement, is personally responsible for all damages that may arise for this reason. The Member has the right to terminate the Membership status at any time by clicking on the "Membership Cancellation" button, which may be accessed from the My Account Page. The cancellation of the membership shall not be construed as the cancellation of the approval given for sending commercial electronic messages. The Member must withdraw the approval of sending electronic messages separately.
3.2. In the event that there is a dispute about to whom the Membership rights and obligations belong, and such persons make a request from MAVERA in this regard, the last person who paid MAVERA for any Service using the relevant Membership account shall be deemed to be the owner of the Membership account and proceedings shall continue accordingly.
3.3. The Member, accepts and declares that MAVERA is the Seller party and the Member is the Buyer party for the distance sales agreements to be concluded for the purchases to be made from MAVERA through the Platform; MAVERA is solely responsible in all respects as the Seller, only within the scope of the applicable consumer law legislation and other legislation for the aforementioned distance sales agreement relationship.
3.4. MAVERA shall have the power of collecting amounts regarding the products to be purchased by the Member, and the Buyer shall be released from the obligation to pay MAVERA for this payment.
3.5. The Member declares that accepts to act in accordance with the provisions of this Membership Agreement, all the conditions specified on the Platform, applicable legislation, and ethics while carrying out transactions and correspondence through the Platform. The legal and criminal liability for the transactions and actions of the Member carried out through the Platform belongs to the Member.
3.6. MAVERA shall be able to share the information of the Member with the competent authorities at the request of such authorities in accordance with applicable legislation.
3.7. The user name and password information that the Member needs in order to access the My Account Page and carry out transactions through the Platform is created by the Member, and the security and confidentiality of such information are the responsibility of the Member completely. The Member accepts, declares, and undertakes that the transactions carried out with its user name and password are carried out by the Member themselves, the responsibility arising from these transactions belongs to the Member beforehand, and the Member shall not claim any defense and/or objection that they did not perform such works and transactions, and/or they shall not avoid fulfilling their obligations based on this defense or objection.
3.8. The Member shall not use the Platform in an unlawful and unethical manner, especially in the following cases:
3.8.1 Using the Platform to create, control, update or modify a database, record, or directory on behalf of any person;
3.8.2 Using the entirety or a part of the platform for the purpose of corrupting, modifying, or reverse engineering;
3.8.3 Carrying out transactions by using inaccurate information or another person's information, creating fake Membership accounts by using inaccurate or misleading personal data, including inaccurate or misleading residence address, e-mail address, contact, payment, or account information, and using these accounts in breach of the Membership Agreement or applicable legislation, using another person's account unauthorized, being a party to or participating in transactions by impersonating another person or under an inaccurate name;
3.8.4 Using comment and rating systems for non-Platform purposes, such as publishing comments on the Platform outside of the Platform, or using them for purposes in a way that manipulates the systems other than intended use;
3.8.5 Spreading a virus or any other malicious software that is damaging to the Platform, the Platform's database, or any content on the Platform;
3.8.6 Engaging in activities that will create unreasonable or disproportionately large downloads on communications and technical systems determined by the Platform, or damage technical operation, using "screen scraping" software or systems such as automatic programs, robots, web crawlers, spiders, data mining, and data crawling on the Platform without the prior written consent of MAVERA and in this way, publishing any content on the Platform, in whole or in part, by copying unauthorizedly and using them.
3.9. The Member is obliged to carry out the transactions on the Platform in a way not to cause any damage to MAVERA materially and technically to the Platform in any way. The Member accepts and undertakes that they have taken all necessary measures including using necessary protective software and licensed products for avoiding all kinds of programs, viruses, software, unlicensed products, trojan horses, etc. that may cause damage to the Platform while using it. The Member also accepts not to enter the My Account Page by robotic or automatic login methods.
3.10. It is illegal to use the platform or the content on it in breach of the terms of use determined by this Membership Agreement and/or the provisions of the applicable legislation; MAVERA's related rights to claim, file lawsuits, and collection are reserved.
4.CONFIDENTIALITY AND PROTECTION OF PERSONAL DATA
MAVERA processes the personal data obtained from its Members in accordance with the Personal Data Protection Law no. 6698 and the relevant legislation. You may access the details on the subject through the "P.D.P.L Membership Privacy Notice" and the "Privacy and Security- Cookie Policy", which includes the company's general privacy policy on the home page.
5.INTELLECTUAL PROPERTY RIGHTS
All kinds of intellectual property rights of “MAVERA”, “LOVETTİ” brands and logo and the design, software, domain name of the Platform, and all kinds of trademarks, designs, logos, trade dress, slogans, and all other content created by MAVERA in relation to these are their own property. The member shall not use, share, distribute, exhibit, reproduce, or make derivative works from these the intellectual property rights of MAVERA without the written permission of MAVERA. The Member shall not use the entirety or a part of the Platform in any other environment without the written permission of MAVERA. In the event that the Member acts in a way that violates the intellectual property rights of third parties or MAVERA, the Member is obliged to compensate all direct and consequential damages and expenses of MAVERA and/or such third party.
6.AMENDMENTS
MAVERA may unilaterally change this Membership Agreement and any text arrangement, terms and conditions on the Platform, including the P.D.P.L Membership Privacy Policy and Privacy Notice by publishing it on the Platform, at any time it deems appropriate, provided that it is not contrary to the provisions of the applicable legislation. The amended provisions of this Membership Agreement shall become effective on the date of publication on the Platform, and the remaining provisions shall remain in force and continue to bear legal consequences.
7.FORCE MAJEURE
In the event that cyber attacks, communication problems, infrastructure and internet failures, system improvement or renewal activities, including insurrection, embargo, government intervention, riot, occupation, war, epidemic, mobilization, strikes, lockouts or boycotts, and malfunctions that may occur accordingly, power failure, fire, explosion, storm, flood, earthquake, immigration, epidemic or other natural disasters, or other events beyond MAVERA's control, that are not due to its fault and cannot be reasonably foreseen ("Force Majeure"), prevent or delay MAVERA's performance of its obligations arising from this Membership Agreement, MAVERA shall not be held responsible for its obligations that are prevented or delayed as a result of Force Majeure, and this shall not be considered a breach of this Membership Agreement.
8.GENERAL PROVISIONS
8.1. The Member accepts that official books and commercial records of MAVERA and e-invoice and e-archive records, electronic information, and computer records kept in the database and servers of MAVERA shall be construed as binding, final, and exclusive evidence for disputes that may arise from this Membership Agreement; and this article is in the nature of an evidential contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
8.2. This Membership Agreement shall be governed exclusively by the laws of the Republic of Türkiye. Any dispute arising out of or related to this Membership Agreement shall be governed by Turkish Law and shall be under the exclusive jurisdiction of the Istanbul Consumer Arbitration Committees and the Istanbul (Çağlayan) Courts and Enforcement Offices.
8.3. MAVERA shall communicate with the Member via the e-mail address that the Member has stated while registering, or by calling the phone number and sending an SMS. The Member is obliged to keep its e-mail address and phone number up to date.
8.4. This Membership Agreement constitutes the entire agreement between the Parties with respect to the subject matter. In the event that any provision of this Membership Agreement is determined by any competent court, arbitral tribunal, or administrative authority to be wholly or partially invalid or unenforceable or unreasonable, to the extent of such invalidity, unenforceability, or unreasonableness, this Membership Agreement shall be deemed severable and other provisions shall remain in full force.
8.5. The Member shall not be able to fully or partially assign its rights or obligations in this Membership Agreement without the prior written permission of MAVERA.
8.6. The failure of one of the Parties to exercise or perform any of the rights imposed to it in the Membership Agreement shall not be construed as a waiver of such right or prevent the exercise or performance of such right in the future.
This Membership Agreement, which consists of 8 (eight) articles, entered into force as of the moment it is approved by the Member, by reading and fully understanding each provision, and by approving it electronically.