MEMBERSHIP AGREEMENT

 

  1. PARTIES

    This Membership Agreement (“Agreement”) is entered into electronically between ETHERA MÜCEVHER SANAYİ VE TİCARET LİMİTED ŞİRKETİ, operating at Kavacık Mah. Ertürk Sk. No:1 İç Kapı No:3 BEYKOZ/ISTANBUL, and the natural or legal person (“Customer”) who becomes a member of the website with the domain name  "https://www.etherajewelry.com/"(“Website”) by completing the Membership Form, under the terms and conditions set forth below.

    Hereinafter, ETHERA and the Customer are collectively referred to as the “Parties” and individually as a “Party.”

    DEFINITIONS

    • Service(s): Refers to the promotion of Products through the Website and making them available for sale to the Customer.

    • Personal Data: Any information relating to an identified or identifiable natural person as defined in Law No. 6698 on the Protection of Personal Data (“KVKK”).

    • Product(s): Any products offered for sale through the Website.

    • Member Information: All personal data, information, photos, videos, ideas, expressions, comments, ratings, correspondence, and any other content provided or uploaded by the Customer during registration or while using the Website.

    • Membership Form: The form completed by the Customer on the Website to become a member and be a party to this Agreement.

    SUBJECT OF THE AGREEMENT

    The subject of this Agreement is the use of the services provided by ETHERA via the Website and the determination of the rights and obligations of the Parties within this scope.

    MEMBERSHIP ACCOUNT

    • The Customer shall create a membership account on the Website using an email address. Multiple accounts cannot be created using the same email address.

    • The Customer declares, undertakes, and warrants that all information provided during registration is accurate and complete, and is responsible for any damages or losses arising from false or inaccurate information. The Customer shall indemnify ETHERA for any damages incurred due to such information.

    • To ensure timely delivery of Products sold through the Website, the Customer must complete membership information accurately and completely. ETHERA shall not be held responsible for delays or disruptions arising from incorrect or incomplete information.

    • The Customer undertakes that the Member Information will not violate laws, ethics, third-party intellectual property rights, privacy rights, or personal rights, and will comply with KVKK and other applicable legislation. The Customer also agrees not to include personal data of third parties.

    COMMERCIAL ELECTRONIC MESSAGES

    • Upon registration or later, the Customer may consent to receive marketing and promotional electronic communications in accordance with Law No. 6563 on the Regulation of Electronic Commerce and the Regulation on Commercial Communication and Commercial Electronic Messages.

    • The Customer may unsubscribe from these communications at any time without any cost.

    • ETHERA is obliged to retain all records of consents and registrations for 3 (three) years from the date of expiry of the consent or from the registration date for other commercial electronic messages.

    RIGHTS AND OBLIGATIONS OF THE PARTIES

    • By completing the Membership Form, the Customer declares that they have read, understood, and accepted the terms of this Agreement.

    • ETHERA may continue to provide services to Customers under a different domain name, provided that the quality of the Services under this Agreement is not impaired.

    • The Customer agrees to keep confidential all information obtained while using the Services in accordance with this Agreement and other agreements and policies on the Website, and not to share such information with third parties.

    • The Customer is responsible for taking necessary precautions to maintain the confidentiality of the membership account and password. All legal liability arising from unauthorized access to the membership password rests entirely with the Customer. The Customer shall bear all direct or indirect damages incurred by third parties and/or ETHERA due to unauthorized access.

    • All information provided by the Customer, including email address, name, surname, and other data, as well as information obtained from other transactions on the Website, constitutes personal data. ETHERA fulfills its obligations to inform the Customer in accordance with KVKK and obtains explicit consent where necessary. It is the Customer’s responsibility to read the Personal Data Processing Notice available on the Website.

    • ETHERA may request explicit consent from the Customer for the processing of certain personal data. In such cases, the Customer will be informed via the Personal Data Processing Notice and may freely decide whether or not to give consent.

    • Membership accounts are personal and may not be shared with third parties. The Customer agrees that all actions performed with their username and password will be deemed to have been performed by them and that they cannot raise any objection or defense claiming otherwise. ETHERA shall bear no responsibility in this regard.

    • Payment card information used for transactions on the Website cannot be viewed or stored by ETHERA without the Customer’s consent.

    • Products available for purchase may be limited by stock or other criteria. Due to simultaneous online purchases, a Product may be sold out before the Customer completes the purchase. ETHERA does not guarantee that every Product offered on the Website will be available for purchase.

    • ETHERA complies with the Electronic Commerce Law, Consumer Protection Law, Distance Sales Regulation, and other relevant legislation. Customer rights are provided during the purchase process. Preliminary information regarding the selected Product will be electronically sent to the Customer.

    • ETHERA, as a service provider under Law No. 5651, is not responsible for reviewing the content or opinions provided by the Customer. The Customer is liable for all content, ideas, or statements they submit, and ETHERA is not responsible for damages arising from third-party statements.

    • ETHERA maintains log records in accordance with Law No. 5651 and other legislation when a Customer registers or purchases a Product. These logs are not shared with any institution or organization except for legal reasons.

    • The Customer agrees to use the Website and its content in accordance with this Agreement, applicable laws, and ethical rules. ETHERA may restrict, block, suspend, or terminate the Customer’s membership if misuse is detected. Examples include:

      • Causing harm to ETHERA, the Website, or third parties

      • Attempting to modify, reverse engineer, or disrupt the Website

      • Using false or misleading information, or accessing other Customers’ accounts without permission

      • Using malware or other harmful technologies

      • Negatively affecting the experience of other Customers or violating their rights

    FORCE MAJEURE

    Events that could not be foreseen or controlled by the Parties at the time of signing and that make it partially or completely impossible to fulfill obligations under this Agreement (natural disasters, epidemics, war, terrorism, rebellion, mobilization, government restrictions, strikes, lockouts, etc.) shall constitute force majeure (“Force Majeure”).

    The Parties shall not be held liable for failure to fulfill obligations due to Force Majeure events.

    DISPUTE RESOLUTION AND GOVERNING LAW

    Any dispute arising from the implementation of this Agreement shall be subject to the jurisdiction of the Istanbul Çağlayan Courts and Enforcement Offices, and Turkish law shall apply.

    MISCELLANEOUS

    • If any provision of this Agreement is deemed invalid or unenforceable under applicable law, the remaining provisions shall remain in full force. The Parties shall make maximum efforts to replace the invalid provision with a valid provision consistent with the original intent.

    • Emails, instant messages, server logs, and electronic correspondence are legally recognized as evidence.

    • All trademarks, logos, slogans, designs, website layouts, software, domain names, codes, and other distinctive signs on the Website are the intellectual and industrial property of ETHERA. The Customer shall not use, share, distribute, copy, reproduce, or commercially exploit these without prior written permission from ETHERA. The Customer shall indemnify ETHERA and/or third parties for any damages caused by infringement of intellectual or industrial property rights.

    This Agreement consists of 9 (nine) main articles and has been executed electronically in a single copy. The Customer may access a copy of the Agreement via the Website.

    The above terms of use have been approved by the Customer upon completion of the membership process.