MEMBERSHIP AGREEMENT
1. PARTIES
1.1. This Membership Agreement (“Agreement”) is executed between Yakups Tekstil Turizm Sanayi ve Ticaret Limited Şirketi (yakupstore.com), headquartered in Esenler/Istanbul, and the Member (“Member”), to define the terms of use for the Services provided by yakupstore.com on its website. 1.2. In this Agreement, yakupstore.com and the Member shall be referred to separately as “Party” and collectively as “Parties.”
2. DEFINITIONS
Cookie Policy: Refers to the text on the yakupstore.com website that contains information about the cookies used to ensure the website's functionality, improve members' shopping experience, and provide content tailored to their preferences.
Privacy and Personal Data Protection Policy: Refers to the text that regulates yakupstore.com's general privacy policy regarding personal data; this policy includes the purposes and methods of use for data submitted by members and is accessible on the yakupstore.com website.
My Account Page: Refers to the special page of the Buyer, accessible only with the username and password created by the member, where they can perform necessary actions to benefit from the applications and services on the site and enter their personal data.
Service: Refers to the services and applications offered by yakupstore.com to enable members and visitors to perform the operations defined in this agreement.
Virtual Store: Refers to the virtual space allocated to sellers on the yakupstore.com website; in this space, sellers can publish listings consisting of content and visuals for the sale of products and/or services.
Seller: Refers to the natural or legal person member of the site who sells products and/or services through an account created on the site.
Buyer: Refers to the natural or legal person member of the site who purchases products and/or services offered by the Seller.
Visitor: Refers to the person who visits the site without being a member.
Member: Refers to the natural or legal person who registers on the Site and benefits from the platform's services, the Buyer or the Seller.
3. PURPOSE AND SCOPE OF THE AGREEMENT
3.1. yakupstore.com operates the website as an intermediary service provider in accordance with the Law on the Regulation of Electronic Commerce No. 6563. 3.2. According to the membership agreement, the buyer wishes to be a member of the website, benefit from the services, and purchase products/services sold by sellers in the virtual stores on this platform. 3.3. The purpose of the agreement is to define the terms of use of the services and establish the rights and obligations of the parties. By accepting the agreement, the buyer declares to have accepted all statements regarding the services, usage, content, and applications, whether current or future, on the website. 3.4. For the avoidance of doubt, this agreement is only valid between the parties and covers the terms of service on the website. The relationship between buyers and sellers is not covered by this agreement, and yakupstore.com is in no way responsible for the relationship between them.
4. RIGHTS AND OBLIGATIONS OF THE PARTIES
4.1. To obtain buyer status, it is necessary to approve the agreement and complete the requested information with accurate and up-to-date data. The user must have legal capacity. The member is directly responsible for any damage arising from the provision of incorrect information. 4.2. In case of a dispute regarding the account holder, the person who made the last payment to yakupstore.com for any service through that account will be considered the account holder. 4.3. yakupstore.com is not the seller of the products on the site; it is merely an "intermediary service provider" (Law No. 6563) and a "hosting provider" (Law No. 5651). Therefore, it is not obliged to verify whether the content published by third parties is legal. However, yakupstore.com reserves the right to review, block, or delete content whenever it deems necessary. 4.4. The Buyer accepts that the Seller is the selling party in distance sales contracts concluded through the site, and yakupstore.com is not a party to this contract. The Seller is solely responsible for the quality of the products, invoicing, warranty, and timely delivery. 4.5. The Buyer undertakes to act in accordance with this agreement, applicable laws, and ethical standards in all transactions and correspondence on the site. 4.6. yakupstore.com may share the member's information with authorized authorities if required by law and data protection regulations (GDPR/KVKK). 4.7. In case of suspected fraud or legal disputes, personal data may be shared with relevant parties (buyer/seller) for the sole purpose of exercising legal rights, if necessary, with prior notification. 4.8. The security of the username and password is entirely the responsibility of the member. Any transaction made with this data is considered to have been made by the member. 4.9. The Member shall not use the Site in any unlawful or immoral manner, including but not limited to the following:
4.9.1. Creating databases, records, or directories on behalf of any person;
4.9.2. Damaging, altering, or reverse engineering all or any part of the Site;
4.9.3. Performing transactions using false information or another person's data, creating accounts with fake home, email, or contact addresses, and using them contrary to the agreement or law;
4.9.4. Manipulating the comment and rating system or publishing comments outside the site;
4.9.5. Spreading viruses or any technology that may harm the Site, its database, or its content;
4.9.6. Collecting information about other members without consent;
4.9.7. Activities that disproportionately burden technical systems or the use of automated software such as robots, web crawlers, spiders, data mining, or screen scraping without the written permission of Yakupstore.com;
4.9.8. Abusing campaigns and advantages offered on the site to gain unfair profit. 4.10. Members are obliged not to technically harm the site. They will use protective software and licensed products to prevent viruses or Trojan horse products.
5. TERMINATION OF THE AGREEMENT
5.1. Either party may unilaterally terminate this agreement at any time without compensation. 5.2. If yakupstore.com detects or suspects that the member has violated any clause of this agreement, it reserves the right to suspend or terminate the membership and initiate legal action.
6. PRIVACY AND DATA PROTECTION
6.1. yakupstore.com attaches great importance to the secure processing of personal data in accordance with the law. The member may refer to the Privacy Policy on the site at any time for detailed information about their rights. 6.2. Personal data is collected and stored in accordance with the law for the purpose of fulfilling the contract, operating the site, providing benefits to members, processing payments, delivering orders, and for marketing/statistical activities.
7. INTELLECTUAL PROPERTY RIGHTS
The Yakupstore.com brand, logo, website design, software, domain name, and all content created by yakupstore.com are the intellectual property of the company. The member may not use, share, distribute, or reproduce these rights without permission. In case of infringement, the member is responsible for all direct and indirect damages.
8. AMENDMENTS TO THE AGREEMENT
yakupstore.com may unilaterally amend this Agreement and any policy on the Site at any time by publishing them on the Site. Amended provisions become effective at the moment of publication.
9. FORCE MAJEURE
Riots, embargoes, government interventions, war, strikes, cyberattacks, infrastructure/internet failures, natural disasters, or any event beyond yakupstore.com's reasonable control shall be considered force majeure. yakupstore.com shall not be held responsible for its inability to fulfill its obligations in these situations.
10. MISCELLANEOUS PROVISIONS
10.1. Evidence: The member accepts that yakupstore.com's official records, electronic archive records, and databases constitute exclusive and binding evidence in accordance with the law. 10.2. Governing Law: This agreement is governed by the laws of the Republic of Turkey. The competent courts are the Istanbul Execution and Administrative Courts. 10.3. Notices: yakupstore.com will communicate with the Member via email, phone, or SMS. The Member is obliged to keep their contact information up-to-date. 10.4. Entirety and Severability: If a provision is declared invalid or unenforceable, the remaining provisions shall remain in effect. 10.5. Assignment: The Member may not assign their rights or obligations without the written consent of yakupstore.com. 10.6. Waiver: The failure of a party to exercise a right does not constitute a waiver of that right.
This agreement, consisting of 10 (ten) articles, entered into force upon its electronic approval by the Member.
