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Membership Agreement and Terms of Use

www.nersi.com Website Membership Agreement and Terms of Use

1) INTRODUCTION

The subject of this membership agreement, Maslak Mah. , Maslak 1453, T4A/51 Istanbul / Turkey at the address of Nersi Tekstil Moda Tasarım Sanayi Ve Dış Ticaret Limited Şirketi, www.nersi.com, which is owned and operated by the site named www.nersi.com and the services offered through the mobile applications connected to this site and the conditions of benefiting from these services and the rights and obligations of the parties specified below.

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

This contract imposes rights and obligations on the parties regarding the site subject to the contract, and when the parties accept this contract, they declare that they will fulfill the rights and obligations mentioned in full, correctly, and timely, within the conditions requested in this contract.

It has been arranged with Nersi Tekstil Moda Tasarım Sanayi Ve Dış Ticaret Ltd. Şti. in order for the user who is a member of the site and who accesses the site content in any way to benefit from the services provided on the site and will take effect at the time of approval by the USER or MEMBERS in the electronic environment where the relevant site is located.

2) PARTIES

This contract www.nersi.com (hereinafter referred to as the "Site" in this contract) domain addressed website and Nersi Tekstil Moda Tasarım Sanayi Ve Dış Ticaret Ltd. Şti. as the owner and operator of the mobile applications of this site. (hereinafter referred to as "Company" in this agreement) and the user (hereinafter referred to as "User" or "Member" in this agreement) who declares and accepts that he/she has the right, authority, and capacity to be a party to the contract in accordance with the laws to which he/she is bound in order to partially or fully benefit from the services offered through the site and mobile applications.

3) AUTHORITY and RESPONSIBILITIES

3.1 The company has the right and authority to make changes to the products and services offered through the site and mobile applications and the fees related to them, and this right and authority is always reserved for the company.

3.2 The company accepts and undertakes that the member/user who fulfills the requirements of the service or product, such as payment of the fee, delivery and invoice information, etc., except for technical failures and actual impossibilities, will benefit from the services offered through the site and mobile applications.

3.3 The relations of the users/members of the site with each other and 3rd parties are at their own risk and no responsibility can be attributed to the company.

3.4 The User/ Member agrees in advance that he/she will not reverse engineer the use of the site or take any other action to find or obtain their source code, otherwise he/she will be liable for any direct or indirect damages arising directly or indirectly before third parties and that legal and criminal proceedings will be taken against him/her.

3.5 The User/ Member declares, accepts, and undertakes that he/she will not produce, or share content that is contrary to general morality and decency, contrary to the law, damaging the rights of third parties, misleading, offensive, obscene, pornographic, damaging personal rights, violating copyrights, illegal activities, promoting illegal activities in his/her activities within the site, in any part of the site or in his / her communications.

3.6 The user/member is responsible for all indirect and direct damages and losses arising from actions contrary to Article 3.5 of this agreement, and in this case, the 'Site' authorities have the right to suspend, terminate such accounts and initiate legal proceedings. For this reason, the company reserves the right to share information about the event or user accounts from the judicial authorities.

3.7 The Site and mobile applications may contain links or references to other websites that are not under the control of the Company. The Company is not responsible for the content of these sites or other links they contain.

3.8 The user/member accepts, declares, and undertakes that he/ she will not provide false or misleading registration information during the use and use of the services offered through the site and mobile application and that he/she will update the registration information in case the information he/she provides changes, otherwise he/ she will be responsible for indirect and/or direct damages, losses and disruptions to the company and the relevant third parties.

3.9 The user/member agrees in advance that the company may close the account without notice if the user/member violates his / her responsibility in Article 3.8.

3.10 The user accepts and undertakes in advance that he/she is responsible for password and account security on the site, mobile application, and third-party sites and mobile applications, and that the company is not responsible for data loss and security breaches or damage to hardware and devices.

4) INTELLECTUAL PROPERTY RIGHTS

4.1 All registered or unregistered intellectual property rights of the title, business name, trademark, patent, logo, icon, design, visual, demonstrative, written, electronic, graphic or machine-readable technical data, codes, computer software, information and method, materials such as the general appearance and design of the site(hereinafter referred to as "Material" in this agreement)on this Site belong to the site operator and owner company or the specified person and are under the protection of national and international law. Visiting this Site or using the services on this Site does not give any rights to the intellectual property rights in question.

4.2 The materials on the Website and mobile applications may not be modified, reproduced, published, copied, presented, and/or transferred in any way. The whole or part of the Site may not be used on any other website without permission.

4.3 All other rights of the company not expressly stated in this contract are reserved.

5) CONFIDENTIAL INFORMATION

5.1 The company will not disclose the personal information provided by users through the site to third parties. This personal information; includes all kinds of other information to identify the User/member such as name-surname, address, telephone number, mobile phone, e-mail address, residence address, Turkish ID number, and tax number and will be briefly referred to as 'Confidential Information'.

5.2 The user accepts and declares that he/she consents to the company that owns the Site to share his/her contact, portfolio status, and demographic information with its affiliates or group companies to which it is affiliated, limited to its use only within the scope of promotional, advertising, campaign, promotion, announcement, etc. marketing activities. This personal information may 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.

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

5.4 No Warranties: THIS AGREEMENT ARTICLE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES OFFERED BY THE COMPANY ARE PROVIDED ON AN"AS IS" AND "AS AVAILABLE"BASIS AND ARE MARKETABLE, NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES OR THE APPLICATION (INCLUDING ALL INFORMATION CONTAINED THERE IN), INCLUDING ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

6) FORCE MAJEURE

If the obligations arising from the contract cannot be performed by the parties due to reasons such as natural disasters, fire, explosions, civil wars, wars, riots, popular movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power outages (hereinafter collectively referred to as "Force Majeure"), which are not under the control of the parties, the parties are not responsible for this. During this period, the rights and obligations of the Parties arising from this Agreement are suspended.

7) CONTRACTUAL INTEGRITY AND ENFORCEABILITY

If one of the terms of this contract becomes invalid in whole or in part, the rest of the contract shall remain valid.

8) SITE TERMS OF USE AND CHANGES TO BE MADE IN THE CONTRACT

The company has the right to make partial or complete changes to the services offered on these channels and the terms of this agreement, effective on the date of publication on the site and mobile application, and it is the responsibility of the user/member to follow the changes. The user/member is deemed to have accepted these changes by continuing to benefit from the services offered.

9) NOTICE

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 agrees that the address specified while becoming a member is the valid notification address and that in case of change, it will notify the other party in writing within 5 days, otherwise the notifications to this address will be deemed valid.

10) EVIDENCE CONTRACT

In all disputes that may arise between the parties for transactions related to this contract, the parties' books, records documents, and computer records will be accepted as evidence in accordance with the Civil Procedure Law No. 6100, and the user declares and accepts that he/she will not object to these records.

11) DISPUTE RESOLUTION

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

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Return and Refund

RETURN AND REFUND PROCEDURE

There is no exchange option for online purchases. However, you can always return your order free of charge within the specified return period and place another order.

In cases where the CONSUMER uses the right of withdrawal or in cases where the product subject to the order cannot be supplied for various reasons or in cases where it is decided to refund the price to the CONSUMER with the decisions of the arbitration committee, the refund procedure for payment options is stated below:

Refund Procedure for Credit Card Payment Options

If the purchase is made by credit card and in installments, the Bank shall reimburse the CONSUMER in installments, depending on the number of installments the CONSUMER has purchased the product. After the SELLER pays the full amount of the product price to the bank at one time, in the event that the installment expenditures made from the Bank's poses are refunded to the CONSUMER's credit card, the requested refund amounts are transferred to the bearer party accounts by the Bank in installments in order to prevent the parties involved in the matter from being victimized. The installment amounts paid by the CONSUMER until the cancellation of the sale, if the return date and the account cut-off dates of the card do not coincide, 1 (one) refund will be reflected on the card every month and the CONSUMER will receive the installments paid before the return for the number of months after the installments of the sale are over and will be deducted from the existing debts.

In the event of the return of goods and services purchased with the card, the SELLER cannot pay the CONSUMER in cash in accordance with the contract with the Bank. In case of a return transaction, the SELLER will make a refund through the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or in offset, the CONSUMER cannot be paid in cash in accordance with the procedure we have explained above. The refund to the credit card will be made by the Bank in accordance with the above procedure after the SELLER pays the price to the Bank in one lump sum.

The CONSUMER accepts and undertakes that he/she has read and accepted this procedure.

Return Procedure for Wire Transfer / EFT Payment Options

The refund will be made by requesting bank account information from the CONSUMER and will be made in the form of a wire transfer and EFT to the account specified by the CONSUMER (the account must be in the name of the person at the billing address or in the name of the user member).

The SELLER shall reimburse the bank the full amount of the product price at one time.

In the event of the return of goods and services purchased by wire transfer / EFT, the SELLER cannot pay the CONSUMER in cash in accordance with the contract with the Bank. In case of a return transaction, the SELLER will make the return through the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or by offset, the CONSUMER cannot be paid in cash in accordance with the procedure we have explained above.

The CONSUMER accepts and undertakes that he/she has read and accepted this procedure.

Refund Procedure for Payment Options with Shopping Credit

The return will be made by requesting bank account information from the CONSUMER, in the form of a wire transfer and EFT to the account specified by the CONSUMER (the account must be in the name of the person at the billing address or in the name of the user member).

The SELLER shall reimburse the bank the full amount of the product price at one time.

In case of the return of goods and services purchased through credit, the SELLER cannot pay the CONSUMER in cash in accordance with the contract with the Bank. In case of a return transaction, the SELLER will make the return through the relevant software, and since the SELLER is obliged to pay the relevant amount to the Bank in cash or by offset, the CONSUMER cannot be paid in cash in accordance with the procedure we have explained above.

The CONSUMER accepts and undertakes that he/she has read and accepted this procedure.

Packaging, shipping, and delivery costs for deliveries within the borders of Turkey are covered by the MANUFACTURER. The delivery shall be delivered by hand at the above-mentioned address of the CONSUMER via the contracted cargo company. Even if the CONSUMER is not present at the address at the time of delivery, our company will be deemed to have fulfilled its obligation fully and completely. For this reason, the SELLER is not responsible for any damages and expenses arising from the CONSUMER receiving the product late and/or not receiving it at all. The SELLER is responsible for the delivery of the product subject to the contract intact, complete, in accordance with the qualifications specified in the order and with warranty documents and user manuals, if any.

RIGHT OF WITHDRAWAL

The CONSUMER has the right to withdraw within 14 (fourteen) days without any justification and without penalty. The CONSUMER is obliged to return the goods subject to the contract to the seller or the carrier designated by the seller within 10 days from the date of exercise of the right of withdrawal. The right of withdrawal period starts on the day of the establishment of the contract in contracts for the performance of services; in contracts for the delivery of goods, on the day the CONSUMER or the third party designated by the CONSUMER receives the goods. However, the CONSUMER may exercise the right of withdrawal within the period from the establishment of the contract until the delivery of the goods. In determining the right of withdrawal period;

a) For goods that are the subject of a single order and delivered separately, the day the CONSUMER or the third person designated by the CONSUMER receives the last good,

b) For goods consisting of more than one part, the day the CONSUMER or the third party designated by the CONSUMER receives the last part,

c) In contracts where the goods are delivered regularly for a certain period of time, the day on which the CONSUMER or the third party designated by the CONSUMER receives the first goods is taken as the basis. You can make your withdrawal notification through the easy return option on your personal membership page on the Website before the right of withdrawal expires. The carrier envisaged within the scope of your right of withdrawal is the cargo company to which the ordered product is delivered to you, and the details regarding the return are explained in the easy return option on your personal membership page on the Website.

The consumer cannot use the right of withdrawal in the following contracts:

a) Contracts for goods or services whose price changes depending on fluctuations in financial markets and which are not under the control of the SELLER or provider.

b) Contracts for goods prepared in line with the wishes or personal needs of the consumer.

c) Contracts for the delivery of perishable goods or goods that may expire.

ç) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts for the delivery of goods whose return is not suitable in terms of health and hygiene.

d) Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.

e) Contracts for books, digital content, and computer consumables provided in material media if the protective elements such as packaging, tape, seal, and package are opened after the delivery of the goods.

f) Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.

g) Contracts for accommodation, transportation of goods, car rental, supply of food and beverages, and leisure time for entertainment or recreation, which must be concluded on a specific date or period.

ğ) Contracts for services performed instantly in the electronic environment or for intangible goods delivered instantly to the CONSUMER.

h) Contracts for services whose performance is started with the approval of the CONSUMER before the expiration of the right of withdrawal period.

In the event that the CONSUMER chooses the payment option with "Shopping Credit", the CONSUMER accepts, declares and undertakes that the right of withdrawal from the Instant / Distance Shopping Credit Agreement will be applied within the scope of the Instant / Distance Shopping Credit agreement between the Bank and the CONSUMER. The withdrawal of the CONSUMER from this Distance Sales Agreement signed with the SELLER shall NOT automatically terminate the Instant / Distance Shopping Credit Agreement between the Bank and the CONSUMER. In order for the CONSUMER to withdraw from the Instant/Distance Shopping Credit Agreement, the CONSUMER must direct his/her withdrawal request to the lending Bank within the periods specified in the Instant/Distance Shopping Credit Agreement, again in accordance with the procedure stipulated in the Instant/Distance Shopping Credit Agreement. In this context, in the event that the notification required to be made by the CONSUMER to the Bank is not made at all or made late or the Merchant, i.e. the SELLER, shall have no responsibility for the credit relationship between the Bank and the CONSUMER.