TERMS OF USE and MEMBERSHIP CONTRACT
THIS IS A LEGAL CONTRACT. BY ACCESSING THIS WEBSITE OR UTILIZING ANY SERVICE OFFERED HEREIN, YOU ARE DEEMED TO HAVE ACCEPTED THE TERMS AND CONDITIONS OF THIS CONTRACT. PLEASE READ CAREFULLY THE ENTIRE CONTRACT BEFORE ACCEPTING THESE TERMS.
BY ACCESSING THIS WEBSITE AND UTILIZING THE SERVICES OFFERED HEREIN, YOU ACKNOWLEDGE TO HAVE READ THE ENTIRE CONTACT AND ACCEPTED ALL TERMS. PLEASE EXIT THIS WEBSITE IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS SET OUT HEREIN.
Our customers utilizing and shopping from this website are deemed to have accepted the below terms and acknowledged any kind of statement announced by Ananas Mobilya Dekorasyon Mimarlık Endüstriyel Tasarım San. Ve Tic. A.Ş included on the website, in relation to utilizing, membership and services, and to act in line with these statements. Web pages on our website and all pages in relation thereof (‘site’) are the property of the firm titled Ananas Mobilya Dekorasyon Mimarlık Endüstriyel Tasarım San. Ve Tic. A.Ş (‘Firm’) on the website www.ananasdc.com which are processed by the said firm. By utilizing all services offered on the website, you (‘User’) are deemed to have accepted that you are bound by the below terms and by utilizing and continuing to make use of our site, you have a right, power and legal capacity to sign a contract pursuant to the affiliated laws and are above the age of 18, and that you have read, understood the contract and bound by the terms stated herein.
This contract encumbers rights and obligations about the subject site to the parties and when they accept this contract, the parties announce that they will meet the said rights and obligations accurately, in time and full and within the terms specified herein. Moreover, parties are deemed to have agreed, declared and undertaken to act in line with the regulation in effect, and that they have understand and approved all specified terms and rules.
1.DEFINITIONS
The words and expressions as used in this Contract shall have the following meanings:
"Contact" means these Terms of Use Contract and Membership Contract accessed through http://www.ananasdc.com which can be amended from time to time by the Firm at its own discretion and unilaterally. The Firm reserves its right to unilaterally amend the website where this Contract is included.
"Firm" means Ananas Mobilya Dekorasyon Mimarlık Endüstriyel Tasarım San. Ve Tic. A.Ş of which name is referred to as Ananas on the Contract, residing at, Aydın Mah. 4311 Sokak No:22 Karabaglar / İzmir incorporated in Turkey, with Mersis (Central Registration System) number 0069085630700001.
"User" means the person that logs into the website by accepting the Terms and Conditions and reviews and use the site with or without being a member.
"Member" means the real person or the legal entity that logs in to the website by accepting the Terms and Conditions.
"Services" means all services offered by the Firm on the online platform aiming the sales of all products of the Firm, accessed from the said Site.
"Content" means the Content of Member and Site in total.
"Firm Content" means all text, graphic, image, music, software, audio file, video file, information and other materials offered by the Firm via the Website or the Services, including the content licensed by a third party, but excluding the Member Content.
"Member Content" means all text, graphic, image, music, software, audio file, video file, information and other materials and all present intellectual and industrial property rights in relation thereof, shared, published, uploaded, forwarded or included by the Member on the Ad or Member Profile to be formed by the Member via Website or Services or on the profiles of other Members.
"Payment Service Provider" means the third-party companies offering the necessary payment services to accept payment, that is a payment agent, selected / to be selected by the Firm (at the sole discretion of the Firm).
"Service Fee" means the amount incurred to be paid by the Member or User to the Firm by selecting one or more products shown on the website, after becoming member.
"Terms and Conditions" or "Terms" means all the terms and conditions set out on the Contract and all amendments the Firm can unilaterally make on these terms and conditions at its sole discretion.
"Website" or "Site" means the online platform on the domain name http://www.ananasdc.com , that is owned, managed and recorded in the name of the Firm, and all applications (including but not limited to computer Apps., smartphone and tablet Apps, other mobile Apps. etc.) and social media accounts in relation thereof.
"Business Day" means any day on which the banks of Republic of Turkey are open.
"We" or "we" means the Firm.
"You" or "you" means Members, and users of the Site, depending on the content.
2. SCOPE AND EXECUTION OF THE CONTRACT AND AMENDMENTS
Firm offers a platform aiming to gather the products on its site with the User or Members.
Firm offers Services set out on this Website which are subject to these Terms and Conditions, to use the Site as Users or Members, by granting a non-exclusive, non-assignable and irrevocable permission to utilize the Services of this Contract (within the frame of limitations and terms disclosed on the Contract). You are deemed to have adapted and been legally bound by these Terms and Conditions, by logging into, accessing the Website or by using the Website. These Terms and Conditions which you approve to have read and accepted, regulate your access to the Website and Services and all the Content, and forms the legally binding agreement between you and the Firm. Firm, from time to time, may amend these Terms and Conditions at its sole discretion and unilaterally without any notice and always reserves its right to amend the prices and offered products and services. You may review the latest version of the Terms and Conditions from the following link http://www.ananasdc.com. Moreover, while using the certain services on the Site, certain additional principles and rules pertaining your utilization of the Website and mentioned services may be published. Your relationship with the Firm is subject to all the principles rules that may be published on the Website from time to time. You shall not have a right to obtain information on the Website or Services or to continue utilizing the Website or Services if you do not accept the latest version of these Terms and Conditions.
Firm and Member accept that the provisions of this contract have no nature of unfair term and there is no inequity in relation to equilibrium of interests. This contract includes no unfair term in line with the provisions of regulation pertaining to the unfair terms in consumer contracts. Provisions comply with the principles of good faith and are applicable for the legislation on the protection of consumers.
3. MEMBERSHIP
You can create an account (“Ananas Account”) to access the certain features of this Website. You can log in directly to the Website by completing the subscription/membership process.
Firm reserves its right to suspend or terminate your Ananas Accounts if you create more than two (2) accounts or if the information provided during log in or thereafter is proven to be wrong, fraudulent, old or missing.
User must give accurate, full and update log-in information. Otherwise, this Contract will be deemed to be breached and the account may be closed without informing the User.
It is your responsibility to keep your password safe. You accept not to disclose your password to any third party and to be held responsible for all actions, transactions, activities performed in relation to your Ananas Account (independently of giving permission for all these actions, transactions or activities), and to immediately notify the Firm in any unauthorized use of your Ananas Account. In case the Firm suffers from any damage resulting from any action, transaction, act, activity performed with Ananas Account, every Member declare and undertake to immediately indemnify the said damage to the Firm. Performance of the said transaction, act, activity or action by a third party shall not revoke the Member’s liability of indemnification.
Firm shall not have any liability in case the user information on the website is accessed and used by any third party or parties illegally by connecting remotely to the data on the informatics system or by accessing the electronic system via physical proximity. Nevertheless, Firm shall be liable to immediately notify the judicial authorities about the illegal access to the system.
Unless otherwise stated, a singular term shall be construed to mean the plural where necessary, and a plural term the singular. Unless a clear reference is made to the clause or section of another document, “Clause(s)” / “Section(s)” shall mean the clauses and sections of this Contract. “Including” and “include” shall in no case be interpreted for the purposes of restriction, these expressions are used for exampling purposes only.
4. USER BEHAVIORS and MEMBER RESPONSIBILITES
User or Member agree, declare and undertake the following:
• Not to use the Site for downloading and disseminating any corrupted file or any other software or program that may break down the functioning of others’ computer, not to reverse-engineer or engage in any activity to find or obtain the source code thereof;
• Not to interfere in or damage Site or any network connected to the Site;
• Not to make any attempt to prevent the proper functioning of the Site or functions offered by the Site and not use any device, software or routine which may cause the same;
• Not to take any action that imposes a burden of an unreasonable and nonproportional size to the infrastructure of the Firm;
• Not to use the Site for the purposes of collecting and storing information about the other users of the Site, including also the financial data;
• Not to act as any other person or institutions or shall not misinterpret or misrepresent the relation between the User or Member and a person and institution;
• Not to use the Services, products or downloadable data on the Site for illegal purposes;
• Not to generate or share content in its activities or communication within the Site or any part of the Site which are against the public moral and ethics, illegal, infringing the rights of third parties, or misleading, offensive, obscene, pornographic, breaching personal rights and/or against the copyrights or encouraging illegal activities,
• To comply with all regulations, policies and procedures on the Site and the networks connected to the Site.
In case the User fails to comply with the above acts and responsibilities, it accepts in advance to be liable for the loss resulting before the Firm and Third Parties, and that legal and criminal actions will be taken against the User.
The legal and criminal liability in each action and act performed by the Users within the Site belong to the Users only. Otherwise ‘Site’ executives reserve their right to suspend and terminate such accounts or launch the legal proceedings. The executives reserve their right to share information, if demanded by the judicial authorities in relation to actions or user accounts for this purpose.
Members’ relations with each other or third parties are at their own responsibility. Ananas Mobilya Dekorasyon Mimarlık Endüstriyel Tasarım San. Ve Tic. A.Ş does not undertake or guarantee the safety, accuracy or legality of the services and content provided by the users and third parties.
User shall not partially or totally assign its rights and obligations under this contract to any third part, without the written approval of Ananas Mobilya Dekorasyon Mimarlık Endüstriyel Tasarım San. Ve Tic. A.Ş. ’
5. CREDIT CARD SAFETY
Firm prioritizes the safety of credit card owners. Your credit card information is not stored on our system under no circumstance.
There are two things you need to be careful about to understand that you are in a safe site while you are in the process of transactions. The first one is a key or lock icon located at the bottom line of your browser. This shows that you are in a safe webpage and all your information is protected as encrypted. This information is used only depending on the sales action processes and in line with your instruction. Information about the credit card used during shopping is forwarded to the relevant bank for interrogation encrypted with 128 bit SSL (Secure Sockets Layer), independently of our shopping sites. Once the usability of the card is verified, shopping continues. As no information about the card can be viewed and recorded by us, third parties are prevented to access this information under any condition.
Payment is performed safely with “paytr”, a third-party Payment Service Provider with whom the Firm has agreed previously. Payments can directly be performed from the bank account of the User or Member via various methods such as Bank or Debit card, paytr account or bank transfer. Please refer to the following link for all provisions and terms in relation to use of Paytr https://www.paytr.com.
Only you are authorized to access and change the information you have given while subscribing. It is not possible for other to access and change your information, as long as you keep your log in information safe. For this purpose, 128 bit SSL safety area is involved during the subscribership process. This system is an international encryption standard that is impossible to be broken.
6. E-MAIL SAFETY
Never write your credit card number or password in any e-mails you send to Ananas Customer Services about your order. Information included in e-mails can be seen by third parties. Firm gives no guarantee under no condition on the safety of the information forwarded by your e-mails.
7. INTELLECTUAL PROPERTY RIGHTS
Firm respects the copyright law and expects the same from the users. It is a part of our policy and Site practice to suspend/terminate under favorable conditions Ananas Accounts or Members who violate or believed to be violating the rights of copyright or other intellectual property or industrial property right holders.
Property of all visuals, contents, texts, images, videos, software and other elements provided on Site belongs to the Firm or third parties. By subscribing, you acknowledge and accept that this Site contains private information and other elements protected by the relevant intellectual property laws and other legislations. Moreover, content and information offered to you via the Site, such as text, graphic, logo, icon, photograph and software and the organized and gathered format thereof belong to the Firm or its content providers or third parties, and protected by copyright, trademarks, service marks and patents or other private rights and laws. By placing on the Site, Firm shall not be deemed to have given license or permission of any of its materials, visuals, contents, texts, images, videos, software and other elements subject to copyright. Additionally, except for the cases stated herein, no material, visual, content, text, image, video, software or other elements shall be copied, reproduced, distributed, republished, downloaded, displayed, shared or transferred electronically, mechanically, as photocopied, recorded or any other versions under no condition, without the written consent of the Firm or the copyright owner. Nevertheless, you can obtain the written copy of the part of the information included on the Site for personal, non-commercial purposes for in-company use and your records. In doing so, you shall not change any material and accept to protect all copyright and other property right notifications for these materials. This permission shall not grant you any property right on the information, and shall be cancelled with the termination of these Terms and Conditions. If you use the Site other than described herein, you shall be deemed to have violated the copyright and further laws of the Republic of Turkey and/or other jurisdictions and be subject to penal clauses thereof. If you violate this clause 7 as a member, you shall be obliged to pay a penal clause to the Firm, in addition to 200.000 TL (two hundred Turkish Liras) execution for each violation. Firm also reserves other legal remedies and rights to be applied for this violation.
User agrees, declares and undertakes not to compete with Ananas Mobilya Dekorasyon Mimarlık Endüstriyel Tasarım San. Ve Tic. A.Ş directly/indirectly with these acts or other ways. Ananas Mobilya Dekorasyon Mimarlık Endüstriyel Tasarım San. Ve Tic. A.Ş shall not be held liable directly or indirectly from the losses suffered or to be suffered by the third parties resulting from the activities performed by the users on the website that are illegal and against the provisions of this contract.
8. VIEWING
Firm or anyone appointed by the Firm reserve the right to view and can therefore view any kind of activity on the Site, as well as any kind of information received or forwarded over the Site at any time. All Site users and all Members agree, declare and undertake that they have authorized the Firm in advance and irrevocably about the said viewing and access. Firm can, at its sole discretion and without a prior notice, review, censor or prohibit any activity or information exchange it deems inappropriate or (totally at the sole discretion of the Firm) thinks that likely to violate the Terms and Conditions, however Firm is under no obligation to perform the said reviewing, censoring or prohibiting actions. All information can be reviewed, recorded or used for the purposes stated in this Contract during the said reviewing process. Use of the Site (whether as authorized or unauthorized) shall mean to give consent to such view. All rights of the Firm are reserved, resulting from the Contract and other resources, in relation to such unauthorized use or unauthorized users.
9. NON-WARRANTY
THIS CLAUSE OF THE CONTRACT SHALL BE EFFECTIVE TO THE EXTENT PERMITTED BY THE APPLICABLE LAW. SERVICES OFFERED BY THE FIRM ARE PROVIDED ON “AS ARE” AND “BEST POSSIBLE” BASIS AND DO NOT WARRANT NEITHER EXPRESS OR IMPLICIT, LEGAL OR WARRANTY OF ANY OTHER NATURE IN RELATION TO THE SERVICES OR APPLICATION (INCLUDING ALL INFORMATION CONTAINED THEREIN) INCLUDING ALL IMPLICIT WARRANTIES ABOUT MARKETABILITY, EXPEDIENCY OR NONINFRINGEMENT.
10. SUSPENSION and TERMINATION
As the Member, you accept that the Firm may block your access to the Site at its own discretion, deactivate your username and password for any reason when the Firm believes or is convinced that you violate or act against these Terms and Conditions. Firm reserves the right to amend or remove the Services (or a part of the Services) at any time or from time to time, permanently or temporarily, with or without prior notice (for a single Member, multiple Members or all Members). Firm reserves the right to terminate any kind of membership at any time, at its sole discretion and without any reason. You accept that the Firm has no liability against You or any other third party in amending, suspending or removing the services offered on the Site.
In addition to any regulations on these Terms, Firm can, at its sole discretion remove the Site totally or partially at any time, without any obligation to pay any indemnity, cease offering Service totally or partially (for a single Member, multiple Members or all Members).
11. ANNOUNCEMENTS
All notifications, warnings and correspondence including the amendment of these Terms permitted or deemed necessary herein shall be made by the Firm via e-mail (to your e-mail address indicated in all cases) or by publishing on the Site. The date of delivery via e-mail will be regarded as the date of notification for those made via e-mail. By utilizing this Site, you accept and undertake to follow and have knowledge of the announcements on the Site.
12. FORCE MAJEURE
Firm is not responsible for the natural disasters, war threats, acts of terror, any political events, coup attempts, weather conditions, executive decisions, epidemics, travel bans and restrictions, general quarantine, industrial or worker disputes, infrastructure or internet breakdowns, power cuts, cyber-attacks, enhancement and renovation works to the system and breakdowns in relation to thereof or any similar incidences that is beyond its control. Each and every similar incident stated in this clause will be deemed as a force majeure case. Firm shall not be liable for any losses caused by the delay and/or non-performance of any Party unable to perform its payments because of force majeure.
13. RIGHT OF WITHDRAWAL AND TERMINATION
Pursuant to the relevant provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts, consumers’ right of withdrawal shall not be applied to contracts in relation to (a) goods prepared upon the demand or personal needs of Member and User (b) delivery of perishable goods, (c) goods of which protective elements such as package, tape, seal are open after delivery; delivery of the goods of which return is ineligible for health and hygiene, (d) goods mixed with other goods after delivery, which are impossible to be resolved inherently, (e) goods of which protective elements such as package, tape, seal are open after delivery book, digital content and computer consumables offered in real environment, (f) delivery of periodicals such as newspaper and magazine, other than those offered within the scope of subscribership agreement, (g) activities performed on a certain date or period, for purposes of accommodation, carrying goods, car rental, catering, entertainment, relaxation and leisure, (h) services performed instantly online or intangible goods instantly delivered to User or Member, (i) services started to be performed with the approval of the User or Member before the termination of withdrawal right period, and (j) goods and services of which price is variable due to the financial market fluctuations and is not under the control of seller or provider.
This Contract is valid until termination. Firm can at any time cease any Member’s use of the Site or suspend its membership without any prior notice, with or without any reason. The right to use the site and service immediately ends after such termination or suspension and Firm can take technical and/or other measures to block Member’s access to the site and service.
14. NOTIFICATIONS
All notifications to be sent to the parties in relation to this Contract will be made with the Firm’s declared e-mail address and the e-mail address User specified on subscription (membership) form. User accepts that the address it specified while subscribing is valid, and will notify the other party in written within 5 days in case of a change, otherwise the notifications made to the specified address will be deemed valid.
15. APPLICABLE LAW AND COMPETENT COURTS
This Contract is subject to the laws of the Republic of Turkey and interpreted as per the laws of Republic of Turkey. The Parties accept and declare that all computer records belonging to the Firm will constitute a basis as the sole and real exclusive evidence, as per the Clause 193 of the Code of Civil Procedure and that the said records constitute an evidential contract.
Izmir (Bayraklı) Court and Execution Offices shall be the competent authorities in any disputes arising out of or in relation to this Contract.
BY ACCESSING THIS WEBSITE AND UTILIZING THE SERVICES OFFERED HEREIN, YOU ACKNOWLEDGE TO HAVE READ THE ENTIRE CONTACT AND ACCEPTED ALL TERMS. PLEASE EXIT THIS WEBSITE IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS SET OUT HEREIN.
