TERMS OF USE

Argesan Kalıp San.ve Tic.Ltd.Şti ("Service Provider") is a company that manufactures and sells construction and decoration materials. The Privacy Policy published on the relevant website is an integral part of this agreement.

These terms of use have been drafted electronically between the Customer who wishes to receive services for their benefit through the website https://www.argesanshop.com/ ("Site") and the Service Provider.

By becoming a member of the Site, the Customer agrees, declares, and undertakes that they have read all the terms and conditions contained in this Agreement, fully understand its content, and accept all its provisions.

In this Agreement:

- **User/Customer/Member:** Refers to the real or legal person who enters the Site, shares the requested information to receive the Service requested on the Site, has marked the box with the statement "I have read and accept the Membership Agreement," completed the membership process through the relevant commitments and forms, and benefits from the Services on the Site under the conditions specified in the User Agreement and other agreements.

- **Service Agreement:** Refers to the Membership Agreement electronically approved by the Customer.

- **Service/Services:** Refers to the services offered to the Customer through the Site.

This Agreement aims to determine the terms of use of the Site and the rights and obligations of the Parties during this use. By accepting this User Agreement, the Customer also agrees and undertakes to consider and act in accordance with all kinds of informative warnings that will be made by the Service Provider regarding the use and membership on the Site.

The Customer agrees, declares, and undertakes that they will act in accordance with all the terms in this Agreement, the rules stated in the relevant sections of the Site, and all applicable legislation while benefiting from the services of the Site and performing any transaction related to the services of the Site during their membership period.

The web pages on the Site and all related pages belong to Argesan Kalıp San.ve Tic.Ltd.Şti. located at https://www.argesanshop.com/ and are operated by them.

If the Member is a natural person, by using and continuing to use the service on the Site, they agree, declare, and undertake that they have the right, authority, and legal capacity to sign a contract according to the laws they are bound by and that they are over 18 years old, have read this Agreement, understood it, and are bound by the terms written in the agreement.

If the Member is a legal entity, by approving this Agreement, the member agrees and undertakes that it is duly established and existing according to the laws of its jurisdiction, has all the power and authority to enter into this Agreement, including the authorization to sign this Agreement, and that the representative signing the Agreement is duly authorized to sign the Agreement.

 

This Agreement imposes rights and obligations on the parties regarding the site subject to the Agreement, and the parties declare that they will fulfill these rights and obligations completely, accurately, and timely under the conditions demanded in this Agreement when they accept this Agreement.

Responsibilites

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

The User agrees not to perform reverse engineering on the site or engage in any other activities aimed at discovering or obtaining its source code. Otherwise, they acknowledge that they will be liable for any damages arising before third parties, and legal and criminal proceedings will be initiated against them in advance.

The User agrees not to produce or share content that is contrary to public morality and decency, illegal, infringing on the rights of third parties, misleading, offensive, obscene, pornographic, violating personal rights, infringing on copyright, or encouraging illegal activities in their activities on the site, any part of the site, or their communications. Otherwise, they will be fully responsible for any resulting damages, and in such a case, the Site officials reserve the right to suspend or terminate such accounts and initiate legal proceedings. The Service Provider reserves the right to share information regarding activities or user accounts if requested by judicial authorities for such reasons.

The User can become a member of the Site to benefit from the services provided by the Service Provider. The Service Provider, as a result of the evaluation during the membership process, can either grant the applicant the rights of membership or reject the application without providing any reason. The Service Provider has no responsibility for any incorrect statements made by the member.

The personal information provided by the member when registering on the Site must be current. All correspondence related to membership will use the email address provided during the registration process. The Service Provider accepts all information as accurate and current and has no obligation to verify these details. The User is responsible for promptly notifying the Service Provider of any changes to their information.

Even if there is no violation of the agreements made within the scope of the Site, if it is understood that the User’s purpose of using the Site is contrary to law and morality, the Service Provider has the right to permanently terminate the User’s membership process. In such a case, the Service Provider reserves the right to compensation arising from the agreements and the law. The User is responsible for all direct and indirect damages arising or to arise from this violation, and the Service Provider's right to recourse is reserved.

The Service Provider accepts and undertakes that the User will benefit from the contractual services, except for technical malfunctions.

The relationships between the members of the Site and their relationships with third parties are their own responsibility.

Intellectual Property Rıghts

All titles, business names, trademarks, patents, logos, designs, information and methods, projects related to the services on the Site, documents, visuals, texts, bulletins, slogans, videos, designs, know-how, and all kinds of commercial information, illustrations, databases, any data related to system flow, ideas, source codes, research, codes, techniques, statistics, and any kind of work, whether registered or unregistered, on this Site are exclusively owned by the Service Provider or the relevant rights holders and are protected by national and international law. Visiting this Site or using the services on this Site does not grant any rights regarding these intellectual property rights.

The User or Member may not reproduce, publish, copy, present, and/or transfer the information on the Site in any way. No part or the entirety of the Site may be used on another website without permission.

Personal Data

Below are the personal or non-personal data processed by the Service Provider within the scope of the Site, for which the User or Member is informed about each process, and the obligation to obtain explicit consent if necessary will be fulfilled by the Service Provider.

When the User becomes a member of the Site, the following information is requested: first and last name, address, telephone number, mobile phone number, email address, and gender.

The Member agrees and declares that the Service Provider, the owner of the Site, may share their contact information, portfolio status, and demographic information with its affiliates solely for the purpose of marketing activities such as promotion, advertising, campaign, promotion, and announcement. These personal details may be used by the Service Provider to determine customer profiles, offer promotions and campaigns suitable for the customer profile, and conduct statistical studies.

Personal data may only be disclosed to official authorities if such information is duly requested by these authorities and disclosure is mandatory in accordance with the applicable compulsory provisions of the legislation.

**Non-Personal Data**: The Service Provider may also process non-personal data, such as pages visited on the Site and the time spent on those pages, for its statistical studies without identifying any individual.

Warranty

This clause of the agreement will be valid to the maximum extent permitted by applicable law. The services provided by the Service Provider are offered on an "as-is" and "as-available" basis, and the Service Provider makes no explicit or implied warranties of any kind, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, regarding the services or the application (including all information contained therein).

Security

Users are required to provide accurate, complete, and up-to-date registration information. Otherwise, this Agreement will be considered breached, and the User's account may be closed without prior notice.

Users are responsible for the security of their passwords and account information on the Site and third-party sites. The Service Provider cannot be held liable for any data losses, security breaches, or damages to hardware and devices resulting from security issues.

Members are entirely responsible for the security, storage, and protection of the access tools (such as username, password, etc.) used to benefit from the services provided through the Site and to keep these away from third parties' knowledge. Any transaction carried out using the Member's username and password will be considered as performed by the Member. The Service Provider has no direct or indirect responsibility for any damages that members and/or third parties may incur due to any negligence or faults in the security, storage, protection from third parties, and use of these access tools.

Force Majeure

In circumstances beyond the control of the parties, such as natural disasters, fires, explosions, civil wars, wars, uprisings, public movements, mobilization declarations, strikes, lockouts, pandemics, infrastructure and internet failures, and power outages (collectively referred to as "Force Majeure" below), if the obligations arising from the agreement become impossible to fulfill, the parties are not responsible. During this period, the rights and obligations of the Parties under this Agreement are suspended.

Integrity And Applicability Of The Agreement

If any of the terms of this Agreement become partially or wholly invalid, the remaining provisions of the contract shall remain valid.

Amendments To The Agreement

The Service Provider reserves the right to amend partially or wholly the services provided and the terms of this agreement at any time. Changes are effective from the date they are posted on the website. It is the User's responsibility to monitor these changes. By continuing to use the services offered, the User is deemed to have accepted these changes.

Notification

All notifications to the parties related to this Agreement shall be made through the known email address of the Service Provider and the email address specified by the user in the membership form. The User acknowledges that the address provided during registration is the valid notification address and undertakes to inform the other party in writing within 6 days if it changes, otherwise notifications to this address will be considered valid.

Evidential Contract

In any dispute arising between the parties regarding the transactions related to this contract, the parties' books, records, and documents, computer records, and fax records will be accepted as evidence in accordance with Article 6100 of the Code of Civil Procedure. The User agrees not to object to these records.

Resolutıon Of Disputes

In any dispute arising from the application or interpretation of this Agreement, Ankara (Central) Courts and Execution Offices are authorized.

Effective Date: 19.03.2024