MEMBERSHIP AGREEMENT

Please carefully read these "site usage terms" before using our website.

Customers who use and shop on this e-commerce site are considered 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 Bayemeyc Jewelry Mücevherat Sanayi Ticaret Limited Şirketi, located at Söğütlü Mah. Söğütlü Karanfil Sok. İpekyolu Evleri No:3 İç Kapı No

Akçaabat/Trabzon ("Company"). By using the services offered on the site, you ("User") agree that you are subject to the following terms, and by benefiting from and continuing to use the services on the site, you declare that you have the right, authority, and legal capacity to sign a contract according to the laws to which you are subject, that you are over 18 years old, that you have read, understood, and agree to be bound by the terms of this agreement.

This agreement is indefinite and imposes rights and obligations on the parties related to the site and its services, and the parties agree and undertake to fulfill these rights and obligations fully, correctly, and on time under the conditions required by this agreement when they accept/approve this agreement online or in writing.

1. RESPONSIBILITIES

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

The Company agrees and undertakes that the member will benefit from the services covered by the agreement, except in cases of technical failures.

The User agrees in advance that they will not engage in reverse engineering of the site or any other process aimed at finding or obtaining the source code, and that they will be responsible for any damages arising from such actions and will be subject to legal and criminal proceedings.

The User is solely responsible for the damages they suffer due to incomplete or incorrect information provided during site registration, and if they provide incorrect information or violate this agreement, the Company may terminate their membership unilaterally without any notice or warning.

In line with the legal regulations and for the purpose of improving and developing the website, certain information, such as the name of the Internet service provider used to access the site, the Internet Protocol (IP) address, the date and time of access to the site, the pages accessed during the visit, and the Internet address of the website that directly linked to the site, may be collected. The User agrees to the collection of this information.

The User agrees not to produce or share content that is contrary to public morality and decency, illegal, infringing on the rights of others, misleading, offensive, obscene, pornographic, violating personal rights, infringing on intellectual property rights, or promoting illegal activities in their activities on the site, in any part of the site, or in their communications. Otherwise, the User is fully responsible for the damages that may arise, and in such cases, the site administrators reserve the right to suspend or terminate such accounts and to initiate legal proceedings. The Company also reserves the right to share information with authorities upon lawful requests related to activities or user accounts.

The relationships between the site's members or between members and third parties are the sole responsibility of the Users.

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, contained in this Site belong to the site operator and owner Company or the designated relevant party, and are protected by national and international law. Visiting this Site or using the services on this Site does not grant any rights regarding such intellectual property.

2.2. The information on the site may not be reproduced, published, copied, presented, and/or transferred in any way. The entire site or a part of it cannot be used on another website without permission. In case of such a violation, the User shall be responsible for compensating the damages suffered by third parties, including but not limited to, the amount of compensation demanded from the Company and any legal expenses and attorney fees.

3. CONFIDENTIAL INFORMATION

3.1. The Company will not disclose personal information provided by users via the site to third parties. Such personal information includes all other information intended to identify the User, such as name-surname, address, phone number, mobile phone number, and email address, and will be referred to as "Confidential Information."

3.2. The User agrees and declares that they consent to the Company's use of their communication, portfolio status, and demographic information for promotional, advertising, campaign, promotion, announcement, and other marketing activities and to the sharing of such information with its affiliates or group companies, and to receiving electronic communications in this context. These personal data may be used within the Company to determine customer profiles, offer promotions and campaigns tailored to customer profiles, and conduct statistical studies.

3.3. The User has the right to withdraw the consent given in this agreement at any time without any justification. The Company will process the cancellation request immediately and will refrain from sending electronic communications to the User within 3 (three) business days.

3.4. Confidential Information may be disclosed to official authorities only when such information is lawfully requested by official authorities and when disclosure to official authorities is mandatory under the applicable mandatory legal provisions.

4. NO WARRANTY

THIS AGREEMENT ARTICLE SHALL BE VALID TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES PROVIDED BY THE COMPANY ARE OFFERED "AS IS" AND "AS AVAILABLE," AND THE COMPANY MAKES NO EXPRESS OR IMPLIED, STATUTORY, OR OTHER WARRANTIES REGARDING THE SERVICES OR APPLICATION, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

5. REGISTRATION AND SECURITY

The User is required to provide accurate, complete, and up-to-date registration information. Otherwise, this Agreement will be considered violated, and the User's account may be terminated without notice.

The User is responsible for the security of their password and account on the site and third-party sites. The Company cannot be held liable for any data loss, security breaches, or damage to hardware and devices resulting from negligence.

6. FORCE MAJEURE

If the obligations arising from the agreement become impossible for the parties due to reasons beyond their control, such as natural disasters, fires, explosions, civil wars, wars, uprisings, public movements, mobilization announcements, strikes, lockouts, epidemics, infrastructure and internet failures, power outages (hereinafter collectively referred to as "Force Majeure"), the parties will not be liable for the non-performance of the obligations during the Force Majeure. During this period, the parties' rights and obligations arising from this Agreement are suspended.

7. INTEGRITY AND ENFORCEABILITY OF THE AGREEMENT

If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.

8. AMENDMENTS TO THE AGREEMENT

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

9. NOTICES

All notifications to be sent to the parties regarding this Agreement will be made via the Company's known email address and the email address provided by the User in the membership form. The User agrees that the address specified when registering is the valid notification address, and in the event of a change, they will notify the other party in writing within 5 days; otherwise, notifications sent to this address will be considered valid.

10. EVIDENCE AGREEMENT

In any disputes that may arise between the parties regarding the transactions related to this agreement, the parties agree that the books, records, and documents, as well as the computer records and fax records of the parties, will be accepted as evidence under the provisions of the Code of Civil Procedure No. 6100, and the User agrees not to object to these records.

11. RESOLUTION OF DISPUTES

In the event of any disputes arising from the application or interpretation of this Agreement, the Courts and Enforcement Offices of Trabzon Courthouse shall have jurisdiction.

Dear Customers, Potential Customers, and Website Visitors,

As Bayemeyc Jewelry Mücevherat Sanayi Ticaret Limited Şirketi ("Company"), we place great importance on the protection of your personal data. Within this scope, we would like to inform you about your personal data and processing procedures as the "data controller" under the Personal Data Protection Law No. 6698 ("KVKK").

WHAT PERSONAL DATA IS PROCESSED

• Your identity information (Name, Surname, Date of Birth, Turkish ID Number)
• Your contact information (Address, email address, phone number)
• Details related to your use of the Site (your behavior, transactions, preferences, visited products, etc.)
• Your User ID and Password assigned to you
• Your company information (Company name, phone number, address)

When the ………… Agreement is Established:

• Your identity information (Name, Surname, Date of Birth, Turkish ID Number)
• Your contact information (Address, email address, phone number)
• If you request an invoice and share with us (Turkish ID Number, Tax ID Number)
• If you make a payment by credit card, the information processed to be sent to the Payment Institution
• If you choose Bank Transfer as the Payment Method, information related to the Bank Iban and the Bank you use

If You Are a User:

• Your User ID and Password assigned to you
• Your company information (Company name, phone number, address)
• Records of the services provided by our Company (Request and Complaint Management)
• Records formed with the form taken regarding your complaints
• If you are a user, the information related to your customers stored within the electronic commerce system framework we provide, without specifying the purposes and means of processing

If You Provide Consent for Electronic Commercial Communication:

• Your identity information (name, surname)
• Your contact information (address, email address, phone number)
• Details related to your use of the Site (your behavior, transactions, preferences, visited products, etc.)
• Your marketing-related information (Date of Birth, Site usage, shopping habits, address, and habits such as demographic member/user/customer information, shopping habits-preferences related to any products and services, preferences and related comments, campaigns used, surveys, etc., and their contents, invoice contents, payment methods (cash, credit card, etc.), and payment details (installment amount, etc.), old and new mobile/home/business phone/fax numbers, email addresses, identification information (cookies, web browser markers-information, IP, beacon, wired-wireless network connection information, etc.)

PURPOSES OF PROCESSING YOUR PERSONAL DATA

Your personal data may be processed for the following purposes in accordance with the legislation on the protection of personal data:

General Purposes:

• To resolve your issues and complaints when you contact us, and to communicate with you if necessary, we process your identity and contact information;
• To fulfill our obligations arising from legislation, to fulfill our other legal obligations, including information security, with authorized and responsible public institutions and organizations, we process your identity, contact, invoice, and shopping information;
• In case of disputes arising from the contract, to exercise any rights of claim, response, and objection against official institutions and organizations such as courts, enforcement offices, arbitration boards, we process your identity, contact, invoice, and shopping information;
• To distinguish the records we create in our system related to you from the records of other customers and to enable you to benefit from post-sales operational processes without presenting an invoice/receipt, we process your identity and contact information;
• If you request an invoice, to issue an invoice, we process your identity and invoice information;
• If you wish to make your payment by credit card, we process your credit card information to receive payment (credit card information is transferred to the payment institution without being stored).

If You Are a User:

• To ensure the improvement of our product and to respond to your requests instantly within the scope of the User Complaint and Request Form,
• To manage regular payments and account information and to manage your Electronic Commerce environment,
• To ensure the execution of your electronic commerce site and the sales you make if you are a user,
• To manage your requests within the scope of the service provided and to provide the best service to the Users' electronic commerce,
• To manage the electronic commerce site with our business partners on the website or if you request the transfer of your data,

If You Provide Consent for Electronic Commercial Communication:

• We process your identity, contact, shopping, and marketing-related information to create/conduct general or personalized campaigns, advantages, promotions, advertisements, notifications, marketing activities, and to conduct any commercial communication activities directed at you.

METHOD OF COLLECTING YOUR PERSONAL DATA AND LEGAL BASIS

Your personal data is processed by Bayemeyc Jewelry Mücevherat Sanayi Ticaret Limited Şirketi through transactions on the Site, related to your requests and complaints or with your shopping activities, all kinds of shopping, collection, delivery, transactions on the Site, completing surveys, automatically or electronically through the Electronic Commercial Communication Consent.

As Bayemeyc Jewelry Mücevherat Sanayi Ticaret Limited Şirketi, we process your personal data based on the legal grounds of "necessity of data processing for the establishment and performance of a contract," "necessity of data processing for the fulfillment of legal obligations," and "necessity of data processing for the legitimate interests of the data controller"; we process your personal data related to "necessity of data processing for the fulfillment of legal obligations" regarding our obligations to retain data arising from the legislation; and if you are a User, we process your personal data based on the legal grounds of "necessity of data processing for the establishment and performance of a contract" and "necessity of data processing for the exercise of a right" regarding the tracking of your requests and complaints, and if you provide consent for Electronic Commercial Communication and to offer you new services by our Business Partners, we process your personal data based on the legal ground of explicit consent.

The existence of explicit consent; in cases where it is explicitly stipulated in the legislation to which our Company is subject,

• When the processing of personal data belonging to the parties to the contract is necessary, provided that it is directly related to the establishment or performance of a contract, to provide the requested products and services and fulfill the requirements of the contracts you have entered into,
• When it is necessary to fulfill a legal obligation,
• When the data has been made public by the person concerned,
• When the processing of data is necessary for the establishment, exercise, or protection of a right,
• When the processing of data is necessary for the legitimate interests of the data controller, provided that it does not harm the fundamental rights and freedoms of the data subject.

When explicit consent is present; personal data, except those related to health, may be processed without seeking explicit consent in cases stipulated by law,

• Personal data related to health may only be processed without seeking explicit consent by persons or authorized institutions and organizations under the obligation of confidentiality for the purposes of protecting public health, preventive medicine, medical diagnosis, treatment and care services, and planning and management of health services and financing.

TRANSFER OF YOUR PERSONAL DATA

As Bayemeyc Jewelry Mücevherat Sanayi Ticaret Limited Şirketi, we may transfer your personal data;

• To domestic and international business partners and service providers (call centers, personal data collection service providers via devices, marketing consultancy, database, electronic communication intermediary service providers, consultancy, etc.) or abroad if the servers of our domestic business partners are abroad, for the purposes of receiving information technology, marketing activities, or expertise-requiring consultancy, etc., services or to receive product and service support in personal data collection processes,
• To our dealers and business partners for the resolution of your purchases made through the Site and other product requests,
• To the official authorities, institutions, and judicial bodies with which we must provide information, documents, and fulfill our other obligations as required by law, or to exercise our legal rights such as the right of litigation and response,
• If you make your payment by credit card, to the relevant bank, electronic payment institution, or third parties providing such services without recording your credit card information.

YOUR RIGHTS

Under Article 11 of the Law, you have the right to:

• Learn whether your personal data is processed or not,
• Request information if your personal data has been processed,
• Learn the purpose of processing your personal data and whether they are used appropriately for their purpose,
• Know the third parties to whom your personal data is transferred domestically or abroad,
• Request the correction of your personal data if it has been processed incompletely or inaccurately,
• Request the deletion or destruction of your personal data within the framework of the conditions stipulated in the KVKK legislation,
• Request the notification of the transactions made as a result of the correction, deletion, or destruction of your personal data to the third parties to whom your personal data has been transferred,
• Object to the occurrence of any result that is against you by analyzing the data processed solely through automated systems,
• Demand the compensation of damages in case you suffer damage due to unlawful processing of your personal data.

CONTACT

You can submit your applications by sending an email from your registered email address to the email address allocated by ……… as the Data Controller for this application procedure, or in writing to the address of ………. mentioned below (Please note that the relevant procedure must be followed if there is a specific procedure required by law for the application).

Address:
Phone: