USER AGREEMENT
PARTIES
This Membership Agreement ("Agreement") is entered into between www.atelierbabbi.com and the owner of mobile device applications, located at Çam Sok. Erve Is Merkezi No: 17 D: 6 Istanbul/Turkey; and the website user or user who registers via mobile applications ("Member") by accepting the following terms on the website or mobile applications ("Platform") in order to determine the conditions for the Member to benefit from the Services provided by ATELIER BABBI. ATELIER BABBI and the Member shall be referred to individually as a “Party” and collectively as the “Parties” in this Membership Agreement.
DEFINITIONS
Open Market The model in which ATELIER BABBI acts as an “intermediary service provider” pursuant to Law No. 6563 on the Regulation of Electronic Commerce and as a “host provider” pursuant to Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed through These Publications, by bringing together Sellers and Buyers through the Platform and acting as a commercial representative for the product and/or service sales carried out by Sellers on the Platform.
Buyer Refers to individuals who purchase products and/or services from the Platform.
Privacy Policy and Data Protection Notice Refers to the text that regulates the general privacy policy of ATELIER BABBI concerning how the personal data transmitted by Members through the Platform will be used and other related matters, accessible through the link https://www.atelierbabbi.com/membership-agreement on the Platform.
My Account Page Refers to the page exclusive to the Member, which can only be accessed with the username and password determined by the respective Member, where the Member can perform the necessary transactions to benefit from the various applications and Services available on the Platform and enter their personal information and application-specific information requested from them.
Services Refers to the applications provided by ATELIER BABBI to enable Members to perform the business and transactions defined in this Membership Agreement.
Seller Refers to the corporate/individual member who becomes a member of the Platform within the scope of the Seller Partnership and Listing Agreement executed with ATELIER BABBI in the Open Market stores and offers various products and/or services for sale through the listings published via the account they have created.
RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1. To acquire membership status, the user who wishes to become a Member must approve this Membership Agreement on the Platform, fill in the requested information with accurate and up-to-date data, and have their membership application evaluated and approved by ATELIER BABBI. The user wishing to become a Member must be at least 18 (eighteen) years old. Membership status begins upon the completion of the approval process and notification to the Member, and thus the Member attains the rights and obligations specified in this Membership Agreement and the relevant sections of the Platform. The Member providing inaccurate and/or outdated information while completing the Membership Agreement is personally responsible for all damages that may arise as a result.
3.2. In case of a dispute regarding the ownership of membership rights and obligations and if individuals request such clarification from ATELIER BABBI, the person who made the last payment to ATELIER BABBI for any Service using the relevant Membership account will be deemed the owner of the Membership account, and transactions will be conducted accordingly.
3.3. The Member acknowledges and declares that if they wish to initiate any legal process or purchasing procedure regarding the listings viewed through the Platform, they are obliged to fulfill all necessary legal obligations and legal procedures, including those specified on the Platform, and that ATELIER BABBI does not have any information or responsibility regarding such obligations and procedures.
3.4. In the Open Market stores, that is, in cases where ATELIER BABBI is not the seller of any product or service on the Platform, ATELIER BABBI acts solely as an “intermediary service provider” pursuant to Law No. 6563 on the Regulation of Electronic Commerce and as a “host provider” pursuant to Law No. 5651 on the Regulation of Publications on the Internet and Combating Crimes Committed through These Publications. ATELIER BABBI is not responsible for the reality, reliability, accuracy, or legality of any visual, written, or other content published on the Platform and not issued by ATELIER BABBI, nor does it have an obligation to check the accuracy of such content.
3.5. The Member acknowledges and declares that in purchases made from any Seller through the Open Market stores on the Platform, the Seller is the seller party and the Member is the buyer party in the distance sales contracts to be executed; ATELIER BABBI is not a party to the said distance sales contract relationship; therefore, the Seller is personally responsible for the Member in all aspects under the applicable consumer protection legislation and other regulations. In this context, the Seller is solely and exclusively responsible for the quality, compliance with regulations, provision of warranty certificates, invoicing, delivery of other necessary documents, after-sales services, and timely delivery of all products exhibited and sold in the Open Market stores.
3.6. As a result of its status as an intermediary service provider and its authority under the agreement signed with the Seller, ATELIER BABBI is authorized to collect the product price on behalf of the Seller for the products the Member purchases from the Seller through the Platform. The Buyer will be released from their payment obligation to the Seller by making the said payment to ATELIER BABBI and will not need to make an additional payment to the Seller.
3.7. The Member declares that they will act in compliance with the provisions of this Membership Agreement, all conditions specified on the Platform, applicable legislation, and ethical rules in transactions and communications conducted through the Platform. The Member is solely responsible for all legal and criminal liabilities arising from their transactions and actions on the Platform.
3.8. ATELIER BABBI may share the information it holds regarding the Member with the competent authorities if requested in accordance with the applicable legislation.
3.9. Personal data obtained from Members during Platform registration and/or shopping may be shared with other Members and/or Sellers who may be parties to disputes arising from fraud, deceit, misuse of the Platform, or matters that may constitute a crime under the Turkish Penal Code, solely for the purpose of enabling the parties to exercise their legal rights and only to the extent relevant to the requested subject matter.
3.10. The username and password information required for the Member to access the My Account Page and perform transactions through the Platform are created by the Member, and the security and confidentiality of such information are entirely the Member's responsibility. The Member agrees, declares, and undertakes that the transactions conducted with their username and password are deemed to have been carried out by them, and they cannot assert any defenses and/or objections claiming otherwise, nor refrain from fulfilling their obligations based on such defenses or objections.
3.11. The Member shall not use the Platform in violation of the law and morality, including but not limited to the following cases:
· Using the Platform to create, control, update, or modify a database, record, or directory on behalf of any person;
· Using the whole or any part of the Platform for the purpose of disrupting, altering, or reverse engineering;
· Conducting transactions using false information or another person’s information, creating Membership accounts using false or misleading residence addresses, email addresses, contact, payment, or account information, and using such accounts in violation of the Membership Agreement or applicable legislation, unauthorized use of another Member's account, acting or participating in transactions on behalf of someone else or under a false name;
· Using the comments and rating section for purposes outside the Platform, such as publishing comments on external platforms, or using it in ways that manipulate the systems;
· Sharing content in the comment section that constitutes a crime, violates the rules of the website, applicable legislation, or international agreements, encourages such actions, is illegal, threatening, contains advertisements and/or marketing content, is disturbing, insulting, abusive, defamatory, vulgar, pornographic, immoral, against generally accepted societal norms, violates personal rights, violates intellectual and industrial property rights, creates unfair competition, and/or is similar in nature;
· Spreading viruses or other technologies that may harm the Platform, its database, or any content on the Platform;
· Engaging in activities that create an unreasonable or disproportionately large load on the communication and technical systems determined by the Platform or damage the technical operation; using automatic programs, robots, web crawlers, spiders, data mining, and data crawling software or systems such as “screen scraping” on the Platform without prior written consent from ATELIER BABBI; copying, publishing, or using any content on the Platform, in whole or in part, without permission.
3.12. If the Member uses the Platform in violation of Article 3.11 or any other provision of this Agreement, ATELIER BABBI reserves the right to partially and/or completely prevent the Member from using all or part of the Platform. In this context, ATELIER BABBI will continuously review the comment and rating section mentioned in Article 3.11, and if any comment violating Article 3.11 is detected, the relevant content will not be published on the Platform. The Member acknowledges, declares, and undertakes that the final decision rests exclusively with ATELIER BABBI.
3.13. The Member is obliged to carry out the transactions on the Platform in a way that does not cause any financial damage to ATELIER BABBI or technical damage to the Platform. The Member accepts and undertakes that they have taken all necessary precautions, including using protective software and licensed products, to ensure that their transactions do not contain any programs, viruses, software, unlicensed products, trojans, etc., that could harm the Platform. The Member also agrees not to access the Account Page using robots or automatic login methods.
3.14. Any use of the Platform or its content in violation of the terms of use specified in this Membership Agreement or the provisions of applicable legislation is unlawful; ATELIER BABBI reserves the right to make claims, file lawsuits, and initiate proceedings.
PRIVACY
4.1. ATELIER BABBI values the processing, security, and protection of personal data provided by the Member via the Platform to benefit from the Services offered on the Platform in accordance with all applicable legislation, including the Personal Data Protection Law No. 6698. In this context, ATELIER BABBI collects, uses, transfers, and processes the personal data provided by the Member in accordance with the Privacy Policy available at https://www.atelierbabbi.com/uyelik-sozlesmesi. The Privacy Policy is an integral part of this Membership Agreement.
4.2. By benefiting from the Services and/or creating an account, the Member explicitly and freely consents to the collection, use, transfer, and processing of their personal data as specified in the Privacy Policy. For more information on the terms of personal data use and your rights in this regard, you can review our Privacy Policy and exercise your rights arising from the legislation by sending an email to kvkk@atelierbabbi.com.
4.3. Personal data declared and consented to be shared by the Member on the Platform may be collected, stored, processed, used, and shared with third parties based on contractual relationships by ATELIER BABBI or its business partners in accordance with the Privacy Policy for the performance of obligations determined by this Membership Agreement, for carrying out necessary applications for the operation of the Platform, for providing various advantages to the Member, and for conducting advertising, sales, marketing, surveys, electronic communications, profiling, and statistical studies tailored to the Member.
4.4. The Member acknowledges and declares that they consent to the use and storage of their personal data by ATELIER BABBI in this manner. ATELIER BABBI will take all necessary precautions to securely store personal data and prevent unauthorized access and unlawful data processing in accordance with Article 12 of the Personal Data Protection Law No. 6698. The Member has the right to exercise their rights over their personal data under Article 11 of the Personal Data Protection Law No. 6698 and to make changes or updates to such data at any time.
INTELLECTUAL PROPERTY RIGHTS
The “Atelier Babbi” brand and logo, the design, software, domain name of the “Atelier Babbi” mobile application and Platform, and all kinds of brands, designs, logos, commercial presentation styles, slogans, and all other content created by ATELIER BABBI related thereto are the property of ATELIER BABBI and are protected by intellectual property rights. The Member may not use, share, distribute, display, reproduce, or create derivative works from any intellectual property belonging to ATELIER BABBI or its affiliates without written permission. The Member may not use the mobile application or the whole or any part of the Platform in another medium without ATELIER BABBI’s written permission. If the Member acts in violation of the intellectual property rights of third parties or ATELIER BABBI, the Member shall be liable to compensate all direct and indirect damages and expenses incurred by ATELIER BABBI and/or such third parties.
AMENDMENTS TO THE AGREEMENT
ATELIER BABBI may, at its sole discretion, unilaterally change this Membership Agreement and any policy, provision, or condition on the Platform, including the Privacy Policy, at any time by announcing it on the Platform, provided it is not contrary to applicable legislation. The amended provisions of this Membership Agreement will take effect on the date they are announced on the Platform, while the remaining provisions will remain in effect and continue to produce results.
FORCE MAJEURE
If ATELIER BABBI's performance of its obligations arising from this Membership Agreement is prevented or delayed due to riots, embargoes, government interventions, rebellions, invasions, wars, mobilizations, strikes, lockouts, labor actions or boycotts, including labor-employer disputes, cyber-attacks, communication problems, infrastructure and internet failures, system improvements or maintenance works and the resulting malfunctions, power outages, fires, explosions, storms, floods, earthquakes, migrations, epidemics, or other natural disasters, or other events beyond ATELIER BABBI's control, not arising from its fault, and reasonably unforeseeable ("Force Majeure"), ATELIER BABBI shall not be held liable for the obligations that are prevented or delayed due to Force Majeure, and such situations shall not be considered a breach of this Membership Agreement.
MISCELLANEOUS PROVISIONS
8.1. Evidence Agreement; The Member agrees that in any dispute arising from this Membership Agreement, SA's official books and commercial records, as well as e-archive records, electronic data, and computer records kept in ATELIER BABBI's database and servers, shall constitute binding, conclusive, and exclusive evidence, and that this article is in the nature of an evidence agreement within the meaning of Article 193 of the Code of Civil Procedure No. 6100.
8.2. Applicable Law and Resolution of Disputes; This Membership Agreement shall be exclusively governed by the laws of the Republic of Turkey. Any dispute arising from or in connection with this Membership Agreement shall be under the exclusive jurisdiction of the Istanbul Consumer Arbitration Committees and the Istanbul (Caglayan) Courts and Enforcement Offices.
8.3. Notification; ATELIER BABBI will communicate with the Member via the e-mail address provided by the Member during registration or by making calls and sending SMS to the phone number. The Member is responsible for keeping their e-mail address and phone number up to date.
8.4. Entire Agreement and Severability; This Membership Agreement constitutes the entire agreement between the Parties concerning the subject matter. If any provision of this Membership Agreement is deemed invalid, unenforceable, or unreasonable in whole or in part by any competent court, arbitration panel, or administrative authority, such invalidity, unenforceability, or unreasonableness shall be limited to that provision, and the remaining provisions shall remain fully in force.
8.5. Assignment of Membership Agreement; The Member may not assign, in whole or in part, its rights or obligations under this Membership Agreement without ATELIER BABBI's prior written consent.
8.6. Amendment and Waiver; The failure of either Party to exercise or enforce any right granted under this Membership Agreement shall not be construed as a waiver of such right, nor shall it prevent the later exercise or enforcement of such right.
*This Membership Agreement, consisting of 8 (eight) articles, has been read and fully understood by the Member, and has been approved electronically, thereby entering into force as of the moment of approval.