MEMBERSHIP AGREEMENT

1. PARTIES

This Membership Agreement (“Agreement”) is entered into between, on one hand, Baguette Jewellery Kuyumculuk Tekstil Sanayi ve Ticaret Anonim Şirketi (“Baguette Jewellery”) with address of Harbiye Mah. Abdi İpekçi Cad. Birlik Apt. No: 10b Şişli/İstanbul and, on the other hand, a natural or legal person (“Customer”) who has become a member by creating an account on the website with the domain name “https://tr.baguettejewellery.com/” (“Website”) and has entered into force upon electronic acceptance in accordance with the terms and conditions set out below.

Baguette Jewellery and the Customer shall hereinafter be collectively referred to as the “Parties” and individually as a “Party”.

 

2. DEFINITIONS 

Service(s) : Refers to the promotion of Products via the Website and their offering for sale to the Customer.

Personal Data : Refers to any information relating to an identified or identifiable natural person, as defined in the Personal Data Protection Law numbered 6698 (“PDPL”).

Product(s) : Refers to any and all products offered for sale via the Website.

Membership Information : Refers to the email address supplied during registration on the Website and subsequently all personal data, information, photographs, videos, ideas, expressions, comments, ratings, correspondence and all other content updated or added by the Customer via their membership account.

Account Creation : Refers to the process of creating a membership account by the Customer entering an email address on the Website and completing identity verification via the one-time password (OTP) sent to that address.

Subscription Creation : This refers to the subscription process completed by a Customer wishing to receive commercial electronic communications for marketing and promotional purposes, by entering their name, surname, email address and date of birth in the “Join Us” section accessible via the Website.

 

3. SUBJECT MATTER OF THE AGREEMENT

The subject matter of this Agreement consists of the use of the services provided by Baguette Jewellery via the Website and the determination of the rights and obligations of the Parties within this scope.

 

4. MEMBERSHIP ACCOUNT

4.1 The Customer will create an account by entering their email address on the Website and completing the identity verification process using the one-time verification code (OTP) sent to that address. Following the creation of the account, the Customer may update their other personal information through their account. The Customer may not create more than one account using the same email address.

4.2 The Customer acknowledges, declares and undertakes that all information provided when registering on the Website is accurate and complete, and not false; that they are liable for any and all damages and losses arising from such information being false or inaccurate; and that they shall indemnify Baguette Jewellery against any and all losses it may incur in this regard.

4.3 In order for Products sold via the Website to be delivered on time, the Customer must complete their Membership Details truthfully and in full. Baguette Jewellery cannot be held liable for any delays or disruptions in the Services, including delivery, resulting from Membership Details being filled in incorrectly or inaccurately.

4.4 The Customer acknowledges and undertakes that the Membership Information will not violate the law, public morality, or the intellectual and industrial property rights of third parties, the right to privacy, or personal rights, including but not limited to these, and that it will comply with the PDPL and relevant legislation, and will not contain personal data belonging to third parties.

 

5. COMMERCIAL ELECTRONIC MESSAGES

5.1 The Customer, upon registering on the Website or subsequently by creating an account through the “Join Us” section, following the Customer’s consent in accordance with the Personal Data Protection Law numbered 6698, the Regulation of Electronic Commerce Law numbered 6563, and the Regulation on Commercial Communications and Commercial Electronic Messages, the Customer hereby agrees that commercial electronic messages may be sent to them for marketing, research, and promotional purposes. The Customer has the right to opt out of these communications free of charge at any time and to refuse to receive messages for marketing and informational purposes.

5.2 Baguette Jewellery is obliged to retain all consents and records relating to the sending of electronic communications for marketing and promotional purposes provided by the Customer for a period of 3 (three) years from the date on which the consent ceases to be valid, and other records relating to commercial electronic communications for a period of 3 (three) years from the date of registration.

 

6. RIGHTS AND OBLIGATIONS OF THE PARTIES

6.1 By creating an account and becoming a member of the Website, the Customer declares that they have read, understood and accepted the provisions contained in this Agreement.

6.2 Baguette Jewellery may continue to provide services to the Customer under a different domain name, provided that this does not adversely affect the quality of the Services offered by the Website covered by this Agreement.

6.3 The Customer agrees and undertakes to keep confidential any information obtained whilst using the Services via the Website, in accordance with this Agreement and other agreements and policies set out on the Website, and not to share such information with third parties.

6.4 The Customer is obliged to take the necessary precautions to safeguard the confidentiality of their Website membership, Membership Information and the verification code sent via OTP. The Customer bears full legal liability for any consequences arising from the disclosure of Membership Information to third parties. The Customer shall be liable for all direct or indirect damages incurred by third parties and/or Baguette Jewellery as a result of the Membership Information falling into the hands of third parties.

6.5 All information obtained as a result of transactions carried out by the Customer, such as creating an account using the email address provided by the Customer and setting up a subscription via the Website, constitutes personal data. Baguette Jewellery fulfills its obligation to inform the Customer in accordance with the PDPL when collecting personal data from the Customer and obtains the Customer’s explicit consent when necessary. It is the Customer’s responsibility to read the Customer Information Notice posted on the Website.

6.6 Baguette Jewellery may request explicit consent to process certain data belonging to the Customer in accordance with the Information Notice regarding the Processing of Personal Data displayed on the Website. In such cases, the Customer is informed via the Customer Privacy Notice and decides, of their own free will, whether or not to give explicit consent.

6.7 Photographs and images uploaded by the Customer as part of the Instant Memories collection offered via the Website constitute personal data; the processing of such images for the purposes of portrait creation and product personalization is carried out after informing the Customer in accordance with the PDPL and, where necessary, obtaining their explicit consent. The Customer is personally responsible for ensuring that the images uploaded in this context do not contain personal data belonging to third parties. In cases where such images contain personal data belonging to third parties, the Customer acknowledges and declares that the data shared regarding such third parties is complete, accurate and up to date; and that the third-party data subjects have been informed in accordance with Article 10 of the PDPL and the Communiqué on the Procedures and Principles to be Followed in Fulfilment of the Duty to Inform.

6.8 The membership account is specific to the Customer who created it, and the Customer shall not allow a third party to use their membership account, nor shall they use the membership accounts of other customers. The Customer acknowledges that any transactions and operations carried out using their own email address and verification code shall be deemed to have been carried out by them, that liability arising from such transactions and operations rests with them, that they may not raise any defense and/or objection on the grounds that they did not carry out such transactions and operations, and/or that they may not avoid fulfilling their obligations on the basis of such a defense or objection, and that Baguette Jewellery bears no liability in this regard.

6.9 Credit and debit card information used by the Customer for payment transactions made through the Website cannot be viewed or stored by Baguette Jewellery under any circumstances without the Customer’s consent.

6.10 Services purchased via the Website may be subject to limitations such as “stock” levels and other criteria. As it is possible for different orders to be placed simultaneously whilst purchasing products or services online, the relevant Product may be out of stock before the Customer has purchased it. Consequently, Baguette Jewellery does not guarantee that every Product offered for sale via the Website will be available for purchase by the Customer.

6.11 In accordance with the services it provides, Baguette Jewellery complies with the Regulation of Electronic Commerce Law numbered 6563, the Consumer Protection Law, the Distance Sales Regulation and other relevant legislation, and determines its terms of sale and the Customer’s rights accordingly. The Customer’s legal rights regarding the purchase will also be displayed on the payment screen during the transaction. A pre-information form regarding the product selection and the product to be purchased will be sent to the Customer electronically.

6.12 Baguette Jewellery acts as a hosting provider within the meaning of the Law on the Regulation of Publications Made on the Internet and the Fight Against Crimes Committed Through Such Publications numbered 5651, in respect of the ideas and opinions declared, written or used by the Customer via the Website, and is under no obligation to monitor the ideas and opinions expressed, written or used by the Customer. Any liability arising from any ideas and opinions expressed, written or used by Customers on the Website rests solely with the Customer. Baguette Jewellery shall not be liable for any damages that third parties may suffer as a result of the Customer’s statements, nor for any damages the Customer may suffer as a result of third parties’ statements.

6.13 Baguette Jewellery maintains log records on the Website in accordance with the provisions of Law on the Regulation of Publications Made on the Internet and the Fight Against Crimes Committed Through Such Publications numbered 5651, and other relevant legislation, when a Customer registers as a member and when a product purchase transaction is carried out. These records shall not be shared with any institution or organization except for legal reasons.

6.14 The Customer undertakes to use the Website and the content, materials and elements on the Website in accordance with this Agreement, the provisions of relevant legislation and the rules of morality, acknowledges, declares and undertakes that any legal or criminal liability arising from such unauthorized use shall be borne solely by the Customer; and that, should Baguette Jewellery detect any unauthorized use, it shall have the right and authority to partially or fully restrict, block, suspend or terminate the Customer’s membership, whilst reserving all rights to make claims, bring legal proceedings and pursue remedies. The actions listed below may be cited as examples of unauthorized use;

Causing harm in any way to Baguette Jewellery, the Website and/or third parties whilst carrying out transactions on the Website,

Using the Website, in whole or in part, for the purpose of tampering with, altering and/or reverse engineering it,

Carrying out transactions using false information or another person’s details; creating false membership accounts by using incorrect or misleading personal data; and using these accounts in a manner contrary to this Agreement, applicable legislation and/or ethical standards, unauthorized use of another Customer’s account,

The use of any other technology, malicious software or virus that causes damage to the Website, the Website’s database or any content on the Website,

The use of the Website in a manner that adversely affects Customers’ experience of the Website, or the infringement of other Customers’ personal and property rights.

 

7. FORCE MAJEURE

7.1 Circumstances which did not exist and could not have been foreseen at the time of signing this Agreement, which arise beyond the control of the Parties, and the occurrence of which renders it impossible for either Party to fulfil, in whole or in part, or to fulfil in a timely manner, the obligations and liabilities imposed upon them by this Agreement (such as natural disasters, epidemics, war, terrorism, insurrection, mobilization, expropriation, strikes, lockouts, and decisions and measures taken by the Government of the Republic of Türkiye that prevent the performance of the work) shall be deemed to constitute force majeure (“Force Majeure”).

7.2 In the event of Force Majeure, the Parties shall not be held liable for any failure to perform the provisions of the Agreement, whether in whole or in part.

 

8. RESOLUTION OF DISPUTES AND GOVERNING LAW

The courts and enforcement offices of Çağlayan, Istanbul, shall have jurisdiction over the resolution of any disputes arising from the application of this Agreement, and Turkish law shall apply.

 

9. MISCELLANEOUS PROVISIONS

9.1 Should any provision or provisions of this Agreement become invalid or unenforceable in any way due to conflict with applicable laws, the remaining provisions of the Agreement shall remain valid and in force. In such a case, the Parties shall use their best endeavors to replace the invalid or unenforceable part or provision with a new provision or section that is consistent with the purpose of the invalid part or provision.

9.2 Electronic communications between the Parties and their authorized representatives, including emails, instant messages, server logs relating to the services received by the Customer, Baguette Jewellery’s server logs, all digital evidence and records of electronic correspondence such as faxes, shall be deemed legally valid evidence and accepted as such within the context of procedural law.

9.3 All intellectual and industrial property rights relating to the word/phrase Baguette Jewellery, its shape, color and brand, as well as any slogans, designs, website designs, software, domain names, code and other distinctive names and signs used on the Website, belong to Baguette Jewellery. The Customer may not use, share, distribute, copy, reproduce or otherwise utilize any distinctive or identifying names and signs subject to such intellectual and industrial property rights, or similar rights, in a manner that would create a commercial impact without first obtaining permission from Baguette Jewellery. Should the Customer act in a manner that infringes the intellectual and/or industrial property rights of third parties and/or Baguette Jewellery, or that damages their commercial reputation, the Customer shall be liable to compensate Baguette Jewellery and/or third parties for any and all damages incurred.

9.4 The Customer may conduct all communications relating to orders and membership via the email address shop@baguettejewellery.com.

 

This Agreement consists of 9 (nine) main clauses and has been concluded between the Parties in a single copy via electronic means. The Customer may access a copy of the Agreement via the Website.

 

The terms of use set out above have been accepted by the Customer upon completion of the membership procedures.