Membership Agreement

Please read these 'website terms of use' carefully before using our website.

Customers who use this shopping site and make purchases are deemed to have accepted the following terms:

The web pages on our site and all pages linked to it ('site') belong to and are operated by Klosh Moda Limited Company ('the Company'). By using the services offered on the site and by continuing to use and benefit from the service, you ('User') agree that you are subject to the following terms, that you have the right, authority, and legal capacity to enter into a contract according to the laws you are subject to, that you are over 18 years of age, and that you have read, understood, and are bound by the terms written in this agreement.

This agreement is for an indefinite period and imposes rights and obligations on the parties regarding the site that is the subject of the agreement. When the parties accept/approve this agreement online or in writing, they declare and undertake that they will fulfill the aforementioned rights and obligations completely, accurately, on time, and within the conditions requested in this agreement.

1. RESPONSIBILITIES

The Company reserves the right to change prices and the products and services offered at any time.

The Company accepts and undertakes that the member will benefit from the services subject to the agreement, except for technical failures.

The User agrees in advance that they will not engage in reverse engineering in the use of the site or any other process aimed at finding or obtaining its source code; otherwise, they will be responsible for damages that may arise to third parties, and legal and criminal proceedings will be initiated against them.

The User accepts that they will be solely responsible for any damages they may incur due to incomplete and incorrect information provided while registering on the site, and that in case of providing incorrect information and violating this agreement, the company may unilaterally terminate their membership without needing any notice or warning.

Some information, such as the name of the Internet service provider and the Internet Protocol (IP) address used to access the site, the date and time of access to the site, the pages accessed while on the site, and the Internet address of the website that directly links to the site, may be collected by the Company for the purpose of improving and developing the website and/or within the framework of legal regulations. The User agrees to the collection of this information.

The User agrees not to produce or share content that is contrary to general morality and decency, illegal, damages the rights of third parties, misleading, aggressive, obscene, pornographic, damages personal rights, infringes copyrights, or encourages illegal activities in their activities within the site, in any part of the site, or in their communications. Otherwise, they will be solely responsible for any damage that may occur, and in this case, the 'Site' authorities reserve the right to suspend or terminate such accounts and initiate legal proceedings. For this reason, if information requests regarding activities or user accounts come from judicial authorities, the Company reserves the right to share this information with the authorities.

The relationships of the site members with each other or with third parties are their own responsibility.

2. INTELLECTUAL PROPERTY RIGHTS

2.1. All intellectual property rights, whether registered or unregistered, such as titles, business names, brands, patents, logos, designs, information, and methods on this Site, belong to the site operator and owner company or the specified interested party and are under the protection of national and international law. Visiting this Site or using the services on this Site does not grant any rights regarding these intellectual property rights.

2.2. Information, including product descriptions, located on the Site, may not be reproduced, published, copied, presented, and/or transferred in any way. The entire Site or a part of it may not be used on another website without permission. In case of such a violation, the user will be responsible for compensating the company for damages incurred by third parties, and for all other liabilities, including but not limited to court costs and attorney fees.

3. CONFIDENTIAL INFORMATION

3.1. The Company will not disclose personal information transmitted by users via the site to third parties. This personal information includes all other information aimed at identifying the User, such as name-surname, address, telephone number, mobile phone, e-mail address, and will be referred to as 'Confidential Information' for short.

3.2. The User accepts and declares that they consent to the company owning the Site sharing their communication, portfolio status, and demographic information with its affiliates or group companies for marketing activities such as promotion, advertising, campaigns, promotions, announcements, etc., and to receive electronic communications for themselves or their affiliates in this context. This personal information may be used within the company to determine customer profiles, offer promotions and campaigns suitable for customer profiles, and for statistical studies.

3.3. The User has the right to cancel the consent given with this agreement without stating any reason. The company will immediately process the cancellation and refrain from sending electronic communications to the user within 3 (three) business days.

3.4. Confidential Information may only be disclosed to official authorities if such information is requested by official authorities in due form and when it is mandatory to make a disclosure to official authorities in accordance with the provisions of applicable mandatory legislation.

4. NO WARRANTY:

This article of the agreement shall be valid to the maximum extent permitted by applicable law. The services offered by the company are provided "as is" and "as available" and there are no express or implied, statutory, or other warranties, including all implied warranties of merchantability, fitness for a particular purpose, or non-infringement, regarding the services or the application (including all information contained therein).

5. REGISTRATION AND SECURITY

The User must provide accurate, complete, and up-to-date registration information. Otherwise, this Agreement will be deemed to have been violated, and the account may be closed without notifying the User.

The User is responsible for the security of their password and account on the site and third-party sites. Otherwise, the company cannot be held responsible for any data loss and security breaches or damage to hardware and devices that may occur.

6. FORCE MAJEURE

If the obligations arising from the contract become impossible for the parties to perform due to reasons beyond the parties' control, such as natural disasters, fire, explosions, civil wars, wars, uprisings, public movements, declaration of mobilization, strike, lockout and epidemics, infrastructure and internet failures, power outages (hereinafter collectively referred to as "Force Majeure"), the parties are not responsible for this. During this period, the rights and obligations of the Parties arising from this Agreement are suspended.

7. INTEGRITY AND APPLICABILITY OF THE AGREEMENT

If any of the terms of this agreement become partially or wholly invalid, the rest of the agreement will remain valid.

8. AMENDMENTS TO THE AGREEMENT

The Company may partially or wholly change the services offered on the site and the terms of this agreement at any time. Changes will be valid from the date they are published on the site. It is the User's responsibility to follow the changes. By continuing to benefit from the services offered, the User is deemed to have accepted these changes.

9. NOTIFICATION

All notifications to be sent to the parties regarding this Agreement will be made via the Company's known e-mail address and the e-mail address specified by the user in the membership form. The User accepts that the address they specified when becoming a member is a valid notification address, that they will notify the other party in writing within 5 days if it changes, otherwise, notifications made to this address will be deemed valid.

10. EVIDENCE AGREEMENT

In all disputes that may arise between the parties regarding the transactions related to this agreement, the books, records, and documents of the Parties, as well as computer records and fax records, will be accepted as evidence in accordance with the Law on Civil Procedure No. 6100, and the user agrees not to object to these records.

11. RESOLUTION OF DISPUTES

Istanbul (Central) Courts and Enforcement Offices are authorized to resolve any disputes arising from the implementation or interpretation of this Agreement.