MEMBERSHIP AGREEMENT

Please read the terms of use carefully before using our site.

Our customers who use and shop on this shopping site are assumed to have accepted the following terms:

The web pages on our site and all pages connected to it belong to and are operated by the ……………………………….company ('Company') at the address fayaboutiqu.com. You ('User') accept that you are subject to the following terms and conditions while using all the services offered on the site, and by benefiting from and continuing to use the service on the site; You are deemed to have the right, authority and legal capacity to sign a contract according to the laws you are subject to and that you are over 18 years old, that you have read, understood and are bound by the terms written in the contract.

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

1. RESPONSIBILITIES

1. The company always reserves the right to make changes to prices and the products and services offered.

2. The company accepts and undertakes that the member will benefit from the services subject to the contract, except for technical malfunctions.

3. The user accepts in advance that he/she will not reverse engineer the use of the site or take any other action to find or obtain the source code, otherwise he/she will be liable for damages that may arise in the presence of third parties and that legal and criminal proceedings will be taken against him/her.

4. The User accepts that he/she will be solely responsible for any damages he/she may incur due to incomplete or incorrect information provided while becoming a member of the site, and that in the event of incorrect information provided and in the event of a breach of this agreement by the Member, the company may unilaterally terminate his/her membership without the need for any notice or warning.

5. The name and Internet Protocol (IP) address of the Internet service provider used to access the site, the date and time the site was accessed, the pages accessed while on the site, and the Internet address of the Web site that provides direct connection 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 accepts the collection of this information.

6. The user agrees that he/she will not produce or share content that is against general morality and etiquette, unlawful, violating the rights of third parties, misleading, offensive, obscene, pornographic, violating personal rights, violating copyrights, encouraging illegal activities, in his/her activities within the site, in any section of the site or in his/her communications. Otherwise, he/she is fully responsible for the damage that will occur and in this case, the 'Site' authorities may suspend, terminate such accounts, and reserve the right to initiate legal proceedings. For this reason, if the judicial authorities receive requests for information regarding the activity or user accounts, the court reserves the right to share this information with the authorities.

7. Members of the site are responsible for their relationships with each other or third parties. 

2. INTELLECTUAL PROPERTY RIGHTS

2.1. All registered or unregistered intellectual property rights such as title, business name, brand, patent, logo, design, information and method on this Site belong to the site operator and owner company or the specified relevant person 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 the said intellectual property rights.

2.2. The information on the Site cannot be reproduced, published, copied, presented and/or transferred in any way. The whole or part of the Site cannot be used on another website without permission. In the event of such a violation, the user will be responsible for the amount of compensation requested from the company due to the damages suffered by third parties and 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 provided by users through the site to third parties. This personal information includes all kinds of information intended to identify the User, such as the person's name-surname, address, telephone number, mobile phone, e-mail address, and will be referred to as 'Confidential Information'.

3.2. The User accepts and declares that he/she consents to the company that owns the Site sharing his/her communication, portfolio status and demographic information with its affiliates or group companies to which it is affiliated, and to receive electronic messages in this context for himself/herself or its affiliates, limited to the use within the scope of marketing activities such as promotion, advertisement, campaign, promotion, announcement etc. This personal information It can be used to determine the customer profile within the company , to offer promotions and campaigns suitable for the customer profile and to conduct statistical studies.

3.3. Confidential Information may only be disclosed to official authorities if such information is requested by official authorities in accordance with the procedure and in cases where disclosure to official authorities is mandatory in accordance with the provisions of the mandatory legislation in force.

4. NO WARRANTY:

THIS AGREEMENT CLAUSE SHALL BE VALID TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PROVIDED BY THE COMPANY THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES OR THE APPLICATION (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

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 his/her password and account on the site and third party sites. Otherwise, the Company cannot be held responsible for any data loss, security breaches or damage to hardware and devices.

6. FORCE MAJEURE

If the parties cannot fulfill their obligations arising from the contract due to reasons beyond the control of the parties such as natural disasters, fire, explosions, civil wars, wars, riots, civil movements, declaration of mobilization, strikes, lockouts 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 ENFORCEABILITY OF THE AGREEMENT

If one of the terms of this contract becomes partially or completely invalid, the remainder of the contract remains valid.

8. CHANGES TO BE MADE IN THE CONTRACT

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

9. NOTIFICATION

All notifications to be sent to the parties regarding this Agreement shall be made through 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 specified during membership is the valid notification address, and that in case of any change, he/she will notify the other party in writing within 5 days, otherwise, notifications to this address shall be deemed valid.

10. EVIDENCE AGREEMENT

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

11. DISPUTE RESOLUTION

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

INFORMATION ABOUT THE PROTECTION OF PERSONAL DATA

We attach great importance to ensuring the security of the personal information you transmit to us, both while using our website and through other means. "Personal Data Protection Law No. 6698" has come into force. We would like to inform you about the said legislation and some of the definitions stated in this legislation:

Personal data : ID any information regarding a specific or identifiable natural person,

Processing of personal data: Obtaining, recording, storing, preserving, changing, rearranging, disclosing, transferring, taking over, making available, classifying or using personal data by fully or partially automatic or non-automatic means provided that it is part of any data recording system. Any action performed on data such as blocking,

Data processor: Data The natural or legal person who processes personal data on behalf of the controller based on the authority given to him/her,

Data recording system: The recording system in which personal data is structured and processed according to certain criteria,

Data controller: Personal It refers to the real or legal person who determines the purposes and means of processing data and is responsible for establishing and managing the data recording system.

1. Protection of Personal Data and Purpose of the Consent Text and Our Company's Position as Data Controller:

Our shopping site has the title of "data controller" within the scope of the Personal Data Protection Law No. 6698 ("Law") in terms of personal data regarding customers and hereby The Personal Data Protection and Consent Text aims to inform customers about the personal data processing activities carried out by our shopping site in accordance with the said Law and to obtain their explicit consent for the situations specified in Article 3 below.

3. Personal Data to be Processed in Accordance with the Explicit Consent of Customers and Purposes of Processing:

Processing personal data by our shopping site for the following situations where the personal data processing conditions in Articles 5/2 and 6/3 of the Law cannot be met. Explicit consent of customers must be obtained for this purpose.

2. Purpose of Processing Personal Data of Customers:

Customer personal data is processed within the framework of the personal data processing conditions and purposes specified below and in Articles 5 and 6 of the Law. Personal data of customers;

• Carrying out the necessary work by business units and carrying out the relevant business processes in order to benefit the relevant people from the products and services offered by our shopping site,

• Shopping carried out by our site Carrying out the necessary work by the relevant business units to carry out commercial activities and carrying out related business processes,

• Planning and execution of commercial and/or business strategies of our shopping site,

• Ensuring the legal, technical and commercial-occupational security of the relevant persons who have a business relationship with our shopping site, and the appreciation of the products and services offered by us. Planning and executing the activities necessary to customize it according to usage habits and needs and recommend and promote it to the relevant people,

• Establishment of possible rights and receivables claims of the relevant parties

• Providing information to authorized institutions regarding legislation

• Creating and tracking visitor records

• By our Company and our branches, call center, affiliated companies on behalf of our Company, or by our websites and social media pages, or by any means, including but not limited to To ensure that obligations are fulfilled within the scope of the Law on Consumer Protection, the Law on the Regulation of Retail Trade and other legal legislation through various channels,

• Providing better service to customers, providing and offering various advantages, providing information about sales, marketing, information, promotions, providing information about campaigns and conditions ability to provide services, conduct surveys and customer satisfaction research, accelerate your purchases, receive and deliver your orders,

• Creating campaigns for customers, cross-selling, determining the target audience,

• Carrying out activities that increase user experience by tracking customer movements and improving the functioning of our shopping site's website and mobile application and personalizing it according to customer needs, directly and non-direct marketing, carrying out personalized marketing and remarketing activities, carrying out personalized segmentation, targeting, analysis and in-house reporting activities, market research,

• For the purposes of planning and execution of customer satisfaction activities and customer relationship management processes, including the product and/or It may be processed in line with the approval given by the Customer within the scope of planning and execution of the sales and marketing processes of its services, and the processes of establishing and/or increasing loyalty to the products and/or services offered by our shopping site, and may be shared with the parties specified in this Personal Data Protection Text.

Our Shopping Site; In order to carry out online behavioral advertising and marketing, the user has the right to associate the behavior of the user visiting the site with a cookie in the browser, even if they are not a member, and to define remarketing lists based on metrics such as the number of pages viewed, visit duration and number of goal completions. This user can then be shown targeted advertising content based on the users' interests on the site or other sites in the Display Network. When Google AFS ads are directed to our Shopping Site, Google may place cookies on users' browsers or read the cookies contained therein, or use web beacons to collect information.

4. Transfer of Personal Data of Customers:

Customer personal data is carried out by business units and the relevant business processes are carried out to enable relevant people to benefit from the products and services offered by our shopping site. Carrying out the necessary work by the relevant business units for the realization of the commercial activities carried out by our shopping site and carrying out the related business processes, planning and execution of the commercial and / or business strategies of our shopping site, legal, technical and technical support of our shopping site and the relevant persons who have a business relationship with our shopping site. and personal activities specified in Articles 8 and 9 of the Law, including the planning and execution of the activities necessary to ensure commercial and occupational security and to recommend and promote the products and services offered by our shopping site to the relevant people by customizing them according to their tastes, usage habits and needs. It may be shared with Company officials, our affiliates, business partners, suppliers, shareholders, legally authorized public institutions and organizations and private institutions within the framework of data processing conditions and purposes.

User's Name and Contact Information, in accordance with the framework agreement of the payment institution to be approved at the payment stage and published in the Official Gazette No. 26751 dated January 9, 2008. It may be shared with payment institutions for the purpose of identity verification in accordance with the Regulation on Measures for the Prevention of Laundering Proceeds of Crime and Financing of Terrorism.

Our Shopping Site may transfer personal data to third parties within the country or abroad, within the above-mentioned purposes, provided that the conditions stipulated in Law No. 6698 are met. can also be transferred abroad.

5. Method and Legal Reason for Collection of Personal Data:

Personal data is collected from customers electronically. Personal data collected for the legal reasons stated above can be processed and transferred for the purposes specified in Articles 5 and 6 of the Law and this Personal Data Protection Text.

6. Storage Periods of Personal Data

Our Shopping Site stores personal data for the period specified in the relevant laws and regulations, if required.

If a period of time is not regulated in the legislation regarding how long personal data should be stored, Personal Data may be processed depending on the activity carried out while our Shopping Site processes that data. It is processed for a period of time that requires processing in accordance with the practices and commercial practices of our Shopping Site, and is then deleted, destroyed or anonymized.

The purpose of processing personal data has expired; If the storage periods determined by the relevant legislation and our Shopping Site have come to an end; Personal data can only be stored to serve as evidence in possible legal disputes or to assert the relevant right based on personal data or to establish a defense. In establishing the periods here, the limitation periods for asserting the mentioned right and the retention periods are determined based on the samples in the requests previously directed to our Shopping Site on the same issues, even though the limitation periods have passed. In this case, the stored personal data is not accessed for any other purpose and the relevant personal data is accessed only when it needs to be used in the relevant legal dispute. Here too, after the mentioned period expires, personal data is deleted, destroyed or anonymized.

7. Rights of Customers as Personal Data Owners:

In accordance with Article 11 of the Law, data owners; (i) learning whether personal data about them is being processed, (ii) requesting information if their personal data has been processed, (iii) learning the purpose of processing personal data and whether they are used in accordance with their purpose, (iv) to whom personal data is transferred domestically or abroad knowing the third parties, (v) requesting the correction of personal data in case of incomplete or incorrect processing and requesting that the transaction carried out in this context be notified to the third parties to whom the personal data has been transferred, (vi) Even though it has been processed in accordance with the provisions of the Law and other relevant laws, the reasons requiring processing have been eliminated. to request the deletion or destruction of personal data in case of removal and to request that the action taken in this context be notified to third parties to whom the personal data has been transferred, (vii) to object to the emergence of a result against the person by analyzing the processed data exclusively through automatic systems, and (viii) to comply with the law of the personal data. In case of damage due to illegal processing, the Company has the right to demand compensation for the damage.

Requests regarding the use of the said rights can be forwarded to personal data owners by our Shopping Site through the methods specified in the Scope of Law No. 6698. Our shopping site will evaluate these requests and finalize them within 30 days.

There may be changes regarding the matters stated on this form in line with legal and technological developments.