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Terms of Membership and Use

MEMBERSHIP AGREEMENT

1. Parties

a) MİRZAOĞLU KUYUMCULUK TURİZM OTEL DIŞ TİC .A.Ş. having its registered office at MOLLA FENERİ MH. ALİ BABA TÜRBE SK. NO: 22 FATİH/ISTANBUL, operating the website: www.miladgold.com (hereinafter referred to as "MİLAD GOLD")  

b) an internet user who becomes a member of website: www.miladgold.com  ("Member")

c) an internet user shopping without becoming a member of the website: www.miladgold.com  (“Guest”)


2. Subject Matter of Agreement

This Agreement sets forth the general terms and conditions of use for www.miladgold.com, a website owned by MİLAD GOLD, including the applicable rules, terms and conditions for performance of transactions and exploitation by member, as well as legal obligations relating thereto.

To execute this membership agreement, it is requisite and sufficient for the Member to enter the required Member(ship) Information including a password to be determined by the Member, and grant necessary consents and/or authorizations as required by law and agreement, and then click/tap the button: [Become a Member], etc.


3. Rights and Obligations of Parties

3.1. Those under the age of 18 are legally prohibited to shop on the website. By entering the website, you acknowledge and accept that you are above 18 years of age.

3.2. Member hereby agrees and undertakes that any personal and other information provided by Member when becoming a member to the website: www.miladgold.com is accurate and correct in accordance with the laws; MİLAD GOLD has no responsibility whatsoever due to any inaccurate and incorrect information, and Member shall compensate MİLAD GOLD, in kind and immediately, for any losses and damages to be incurred by it as a result thereof.

3.3. Member/Guest hereby agrees, declares and undertakes that his/her shopping on the website: www.miladgold.com is intended for personal use, and not for any commercial purposes.

In case it is detected that any products bought by the Member/Guest on the website: www.miladgold.com are resold to others by the Member/Guest for commercial purposes, or Member/Guest makes commercial earnings from any products s/he has bought on the website: www.miladgold.com, MİLAD GOLD shall have the right to terminate the membership agreement. MİLAD GOLD also reserves the right to seek compensation and any other remedies due to such misuse. Member hereby agrees and declares that such an act contravenes the Industrial Property Law.

3.4. The password given to Member by MİLAD GOLD may not be disclosed by Member to any other persons or entities; the password can only be used by Member himself/herself, and Member shall be solely responsible for any use of the password. Any liabilities which may arise as a result thereof shall be fully assumed by Member, Member shall be directly responsible for any assertions and claims that may be brought against MİLAD GOLD by any third parties and competent authorities as a result thereof, and MİLAD GOLD reserves the right to seek compensation and any other remedies due to such unauthorized use.

3.5.Prices and the terms and conditions of sale for the products offered for sale on  www.miladgold.com are only specific to the website, and are not applicable at MİLAD GOLD stores or any other sales channels.

3.6. Measures required to ensure security of transactions and any information provided by the Member have been taken on relevant systems and internet infrastructure by MİLAD GOLD and relevant entities in accordance with the nature of the information and transaction.
All credit card transactions and approvals on www.miladgold.com are performed online between the Member and relevant Bank or similar Card and Payment Institutions,  independently from MİLAD GOLD. (Information such as credit card PINs cannot be seen or recorded by MİLAD GOLD).

3.7.Member hereby agrees and undertakes in advance that Member shall adhere to and shall not violate provisions of the applicable legislations when using the website: www.miladgold.com. Otherwise, Member shall be fully and exclusively responsible for any legal and penal liabilities which may arise as a result thereof.

3.8. A Guest can cancel his/her membership and delete his account on the website: www.miladgold.com. Relevant actions shall be taken by MİLAD GOLD in line with Member’s request.


3.9. For the purpose of improving and enhancing the website: www.miladgold.com and/or for ensuring compliance with the applicable legislation, MİLAD GOLD can collect certain information including the Internet Protocol (IP) address and name of the internet service provider used to access the website, date and time of access to the website, pages accessed during the website visit, and internet address of the website providing direct connection to the website.

3.10. MİLAD GOLD may disclose Member’s personal data to third parties in such a way and under such conditions as permitted by applicable Laws including the Law No. 6698 on Protection of Personal Data ,and other applicable legislation.


3.11. MİLAD GOLD has, to the extent possible, taken measures to ensure that the website is free of any viruses and similar software. However, to ensure ultimate security, Guest should install and run his/her own virus protection system, and ensure protection as required. To this end, by entering the website, Member shall be deemed to have accepted to be personally responsible for any errors which may occur on his/her software and operating system, including direct and indirect consequences thereof.

3.12. MİLAD GOLD reserves the right to change from time to time the content of the website:  www.miladgold.com, change or terminate any services offered to the Guests, or delete or anonymise member information and data stored on MİLAD GOLD website.  

3.13. Member information is monitored by MİLAD GOLD in order to ensure provision of optimized services. Subject to confidentiality terms and conditions, such information can, in such a way and under such conditions as permitted by the applicable Laws, be shared with associates for advertisement, etc. for the purpose of enhancing and improving the content. The purpose is to improve the website:
www.miladgold.com, and the experience offered to Guests by the website.

3.14. A member cannot have more than one account. Otherwise, MİLAD GOLD may at its sole discretion close/freeze any fake accounts without giving any notice to the member. Gains of a member attempting to earn income through multiple accounts shall not be protected, and MİLAD GOLD reserves the right to seek any remedies including cancellation of membership in case the breach occurs more than one time as it will constitute an essential breach of the membership agreement.

3.15. MİLAD GOLD may from time to time amend, update, or cancel -without prior notice and/or warning in any way whatsoever- the terms and conditions of the membership agreement, and will publish such membership agreement on its website with a new date update under the same link. If deemed as necessary, MİLAD GOLD may at its discretion notify Guests with an electronic mail. Updated current terms and conditions of use shall become effective from the moment they are published on www.miladgold.com, and the use of website: www.miladgold.com and services thereon shall be subject to such updated terms and conditions of use.

3.16. Parties hereby agree and declare that all computer records of MİLAD GOLD shall be considered as sole, accurate, and exclusive evidence as per Article 193 of the Code of Civil Procedure, and such records shall constitute an evidential contract.

3.17 All trademarks, trade names, logos, graphics, designs, images, general appearance, and texts available on the website:  www.miladgold.com , including all other materials and technical data used on the website, are the sole property of  MİLAD GOLD. All those items provided and/or used on said website are registered in the name of MİLAD GOLD. Therefore, no item available on the website:  www.miladgold.com  can be copied, reproduced, or used without prior consent. MİLAD GOLD reserves the right to seek compensation and any other claims and remedies in case of any violation by the Member/Guest.

3.14. Permission for the Processing of Personal Data

Member hereby acknowledges and declares that Member has read the LPPD Clarification Text available on  the website: www.miladgold.com concerning the processing, through automated / non-automated means, of any contact information and other personal information provided by the Member, any personal / non-personal information concerning products/services bought by the Member, his/her visits to the  e-commerce and physical stores/departments and any structures and websites containing them, and any information concerning Member’s shopping thereon/therein, as well as any personal information such as name, surname, alias, age, gender, marital status, region of residence, level of education, fields of interest, shopping habits & preferences for any products, likes, invoice contents, mobile/home/office phone numbers, device code, technical advertisement identifier/ID information, e-mail address, and location data, including their provision, collection, being recorded on written/magnetic archives at home and abroad for such a period of time not exceeding the legally stipulated maximum periods, storage, retention, making them available for collection, their use, updating, amendment, combination, re-organisation, categorization, disclosure, sharing,, transfer (at home and abroad) and their being processed by any other means by MİLAD GOLD, subject to all legal rights, for offering general and personalized products/services and opportunities and  for the promotion of any products/services, advertisements, communication, promotion, sales, marketing, store card, membership procedures, information and applications, in line with the applicable legal principles concerning processing and provided that necessary measures are taken as required to protect the privacy. Member hereby acknowledges and declares that Member gives his/her explicit permission (consent-approval) for the processing of his/her personal data accordingly.

3.15. Permission for the Sending of Electronic Commercial Messages

By providing the information required in the Membership Information on www.miladgold.com, and by confirming this Agreement, the Member gives his/her explicit permit and consent to MİLAD GOLD for sending any commercial electronic messages and other messages through SMS/short messages, push notifications, social media and other online advertisement networks, automatic calling, computer, phone, fax, e-mail/mail, Bluetooth (if enabled on his/her device), other wireless networks, and other electronic means of communication for various Member-specific publicity, advertisement, promotion, sales, and marketing offers concerning any products and services, including any procedures and applications relating to the store card and membership notifications, in accordance with the applicable laws.

3.16.By becoming a member to www.miladgold.com, Member shall be deemed to have consented the delivery of any messages concerning marketing discounts, campaigns, and information by MİLAD GOLD and its existing and future affiliates, subsidiaries, partners, successors and/or any third persons/entities designated by them, through SMS, e-mail and any digital means of communication, using the personal information provided by the Member when becoming a member. The Member can, easily and free of charge, remove himself/herself from the daily commercial message sending list by clicking the “Please click if you don’t want to receive campaign notices” link at the bottom part of the e-mails sent by MİLAD GOLD, or removing the checkmark in the Notification Channels under the Account Information section in the Guest account, or by means of the direction link available in the SMS sent. Following Member’s notice to that effect, communications for the designated channels shall be stopped for the legally permitted maximum period of time (communications possible and/or required under the applicable laws will continue).     

3.17. If a Member who stopped commercial electronic communication by changing his/her communication preferences or performed rejection procedures available in our commercial electronic communications reactivates on the membership page on www.miladgold.com the communications, then such Member will, without need to receive a permit/consent and notwithstanding any previous rejection notices, continue to receive commercial messages through relevant channel pursuant to the consent given there or otherwise, until such Member changes his/her communication preference on the membership page on the website or duly gives a rejection notice for any commercial communication.   

3.18. Member hereby agrees that Member shall be deemed to have accepted all provisions of the Guest agreement, and the agreement shall be binding upon him/her as from the moment the Member starts to benefit from the service. Member agrees to compensate MİLAD GOLD in kind for any damages and losses to be incurred by MİLAD GOLD as a result of Member’s violation of any obligations which s/he has undertaken hereunder. MİLAD GOLD shall have recourse against the member for any compensations and/or administrative and/or judicial fines which MİLAD GOLD will be required to pay to any government agencies and/or third parties due to member’s violation of the agreement.


4. Termination of Agreement

This agreement shall remain in force until the member cancels his/her membership or his/her membership is cancelled by MİLAD GOLD. Member may terminate his/her membership anytime. MİLAD GOLD may terminate the agreement by cancelling the membership without cause. Upon termination of agreement/cancellation of membership, any data and information in the possession of parties, including any personal data, shall be duly safeguarded according to requirements of the Law on Protection of Personal Data (LPPD) and other applicable legislation.


5. Settlement of Disputes

Any disputes arising out of or in connection with this agreement shall be governed by the Laws of Republic of  Turkey, and Bakırköy Courts and Bakırköy Enforcement Offices shall have jurisdiction.


6. Address for Notice

The electronic mail address notified by Member to MİLAD GOLD shall be considered as the electronic mail through which MİLAD GOLD will ask for the legal address for any notices to be given in relation with this agreement.

Either party hereby agrees that unless it/she/he notifies the other party of any change in its/his/her current electronic mail address within 3 (three) days, any requests to be sent to the old electronic mails shall be valid and duly served upon that party.

MİLAD GOLD shall only take into account the electronic mails which are sent from Member’s legal electronic mail address.

Any notices to be sent by MİLAD GOLD to the electronic mail address notified by the member shall be deemed to have been received by the Guest 1 (one) day after the electronic mail is sent by MİLAD GOLD.

MİLAD GOLD and Member may also give their notices and claims personally or in writing.


7. Effectiveness

Upon completion of the membership registration, the member shall be deemed to have read all the articles contained in the membership agreement, and has accepted the articles contained in the membership agreement. This agreement is entered into and becomes mutually effective on the moment the member becomes a member.

PRE-INFORMATION FORM

SELLER

Business Name

: MİRZAOĞLU KUYUMCULUK TURİZM OTEL DIŞ TİC .A.Ş.

 Address

: MOLLA FENERİ MH. ALİ BABA TÜRBE SK. NO: 22 FATİH/ISTANBUL

Phone

: 0212 522 77 44

E-mail

: info@miladgold.com

 

BUYER

Name/Surname/Business Name

: {{CUSTOMER_NAME}}

Address

: {{BILLING_ADDRESS}} {{BILLING_CITY}} {{BILLING_STATE}}

Phone

: {{CUSTOMER_PHONE}}

Email

: {{CUSTOMER_EMAIL}}

 

CONTRACTUAL PRODUCT

Product type and kind, brand/model, colour, and sales price including taxes (piece x unit price) are as follows:


{{ORDER_DETAILS}}

 

Shipping Address

{{SHIPPING_ADDRESS}}

{{SHIPPING_CITY}}

{{SHIPPING_STATE}}
T: {{CUSTOMER_PHONE}}

 

Billing Address

{{BILLING_ADDRESS}}
{{BILLING_CITY}}
{{BILLING_STATE}}
T: {{CUSTOMER_PHONE}}

 

Shipping Method

{{SHIPPING_METHOD}}

 

Payment Method

{{PAYMENT_METHOD}}

 

The product shall be delivered to BUYER’s foregoing address by the courier of the selected or contracted shipping company. In the event that the BUYER is not available in his/her address during delivery, the product may be delivered to the doorman/building manager or a neighbour, in which case the SELLER shall be deemed to have duly and completely fulfilled its duty. Therefore, any costs arising from BUYER’s late-receipt of product, product’s being retained at the shipping company and/or return of cargo to the SELLER shall also be borne by the BUYER.

Shipping Fee is {{SHIPPING_TOTAL}} Turkish Lira. Shipping fee shall be added to the order total, and paid by the customer, if any. Shipping fee is not included in the product price, and is shown separately on the invoice.

 

VALIDITY PERIOD

All information and representations provided to the BUYER with regard to the product or service contained in this form shall be valid until a change concerning product information is made and published, upon which moment SELLER shall not be bound by any information and representations provided by SELLER in this form.

 

TERM OF AGREEMENT

The distance agreement shall terminate upon delivery to the BUYER of the product contained in this form.

 

RIGHT OF WITHDRAWAL

BUYER shall be entitled to reject the product and exercise his/her right of withdrawal within 14 days from the delivery of the contractual product to the BUYER or the person/entity at the address designated by BUYER. Product price shall be refunded to the BUYER within 7 days upon receipt of consumer’s withdrawal notice by SELLER. The withdrawal notice can be given by sending an e-mail to info@miladgold.com or calling us at 444 4 282.

Shipping fee for the returned product shall be borne by SELLER if BUYER returns the product through ‘Yurtiçi Kargo’, or by the BUYER if BUYER returns the product through a different shipping company/courier. For deliveries from abroad, the shipping fee shall be borne by BUYER. 

PRODUCTS FOR WHICH NO RIGHT OF WITHDRAWAL CAN BE EXERCISED

Pursuant to Article 15 of the Regulation on Distance Agreements, the right of withdrawal (right to cancel and return) cannot be exercised for ring orders as the ring size is customized. In addition, the right of withdrawal is not available for SELLER’s all product groups, all customized products, and engraved wedding bands and other engraved products. Products tailored to BUYER’s requirements also fall in the scope of products for which no right of withdrawal can be exercised.

Subject to the foregoing, we do hereby undertake that the consumer shall have the right of withdrawal from the agreement by rejecting the product or service, without cause and without any legal and penal responsibility on the part of the consumer, within fourteen days upon delivery of the product or signing of the agreement, and we will accept return upon receipt of the withdrawal notice by the SELLER or provider.

Pursuant to the General Communiqué No. 395 on Tax Procedure Law, for performing the return procedures, the relevant parts of the return section available on the invoice sent to you by us must be duly completed, signed, and then returned to us together with the product.

For deliveries to abroad, if any customs duty is charged pursuant to applicable Customs legislation of the relevant country, the relevant customs clearance and other fees and duties shall not be borne by the SELLER. Such fees and duties shall be paid by BUYER or person(s) designated by BUYER for delivery of the order. Customers shall have no right of withdrawal for any products not cleared from customs for any reasons whatsoever. In case the relevant country’s customs practices require destruction, detention, etc. of the product due to failure to satisfy the customs procedures for BUYER’s product, SELLER shall have no responsibility with respect thereto, and the order amount will not be refunded.

BUYER can submit his/her claims and complaints using SELLER’s contact information available on the website.

Any consumer complaints and claims may, depending on the monetary limit as determined by the Ministry in December every year, be submitted either to the Arbitration Committee for Consumer Problems or to the Consumer Court having jurisdiction in the place of purchase of goods and services or consumer’s place of residence.

For any dispute involving a sum less than TRY 7550 (SEVEN THOUSAND FIVE HUNDRED AND FIFTY TURKISH LIRA) must be referred to the District Consumer Arbitration Committee while any disputes involving a sum between TRY 7550 (SEVEN THOUSAND FIVE HUNDRED AND FIFTY TURKISH LIRA) and TRY 11330 (ELEVEN THOUSAND THREE HUNDRED AND THIRTY TURKISH LIRA) must be referred to the Provincial Consumer Arbitration Committee in the provinces having metropolitan city status. A dispute involving a sum exceeding foregoing amounts cannot be referred to a Consumer Arbitration Committee.

Consumer Arbitration Committees must admit and duly process any applications submitted to them. 

A consumer can submit his/her application to the Consumer Arbitration Committee having jurisdiction over consumer’s place of residence or the place where the consumer transaction took place. For places with no Consumer Arbitration Committee, the issues concerning where the applications will be submitted and which Consumer Arbitration Committee will decide on the application shall be determined as per the applicable regulation.

Information contained in this Pre-information Form is provided for commercial purposes in such a way protecting the minors, restricted adults or adults lacking mental competence, according to good faith principles and in accordance with the means of distance communication used.

BUYER shall proceed with the execution of the Distance Sales Agreement after reading and accepting, electronically, this Pre-information Form.

 

SELLER

: MİRZAOĞLU KUYUMCULUK TURİZM OTEL DIŞ TİC .A.Ş.

BUYER

: {{CUSTOMER_NAME}}

DATE

: {{DATE}}

 

Prepared by  T-Soft E-Commerce.