This Membership Agreement ("Agreement") has been concluded electronically between the individual user ("MEMBER") who is a member of the www.nihan.com.tr website ("WEBSITE"), and
Nihan Giyim San. ve Tic. Ltd. Şti. Ehlibeyt Mah. Tekstilciler Cad. No:25/B 2-3, Balgat / Çankaya / ANKARA
("COMPANY").
By approving this Agreement electronically, the MEMBER declares that they have read, understood, and accepted all terms and conditions contained herein.
ARTICLE 1 – SUBJECT OF THE AGREEMENT
This Agreement regulates the terms and conditions for the MEMBER to benefit from the services offered through the user account they will create by becoming a member of the WEBSITE, and the mutual rights and obligations of the parties.
ARTICLE 2 – MEMBERSHIP CONDITIONS AND OBLIGATIONS
2.1. Membership is Free
Membership to the WEBSITE is free of charge. Becoming a MEMBER is not mandatory to shop on the site.
2.2. Age Requirement
By approving this Agreement, the MEMBER declares that they are over 18 years of age.
2.3. Accuracy of Information
The MEMBER agrees that all information declared during membership is accurate, complete, and up-to-date; and that they will immediately update this information if there are any changes.
All legal and financial liabilities that may arise from providing incomplete, incorrect, or misleading information belong to the MEMBER.
2.4. Password Security
The MEMBER is obliged to protect the confidentiality of their username and password. The membership account can only be used by the MEMBER; it cannot be transferred or made available to third parties. The MEMBER is personally responsible for all transactions carried out through the account.
2.5. Misuse of Account
The MEMBER agrees not to perform the following actions:
- Engaging in fraudulent or misleading transactions
- Disrupting the site's infrastructure or jeopardizing its operation
- Unauthorized access to software, code, data, algorithms, or user information
- Violating the accounts or personal data of other users
- Using the WEBSITE for unlawful purposes
- Infringing on trademarks, patents, copyrights, and similar intellectual property rights
In case such violations are detected, the COMPANY reserves the right to suspend, stop, or completely cancel the MEMBER's account without prior notice. The MEMBER cannot claim any rights, compensation, or demands on this account.
2.6. Cookie and Tracking Technologies
The COMPANY may use cookies on the WEBSITE to improve user experience, analyze traffic, and process personal data in accordance with relevant legislation. In this context, the Cookie Policy applies.
2.7. Protection of Personal Data
The COMPANY processes, stores, and protects the MEMBER's personal data in accordance with Law No. 6698 on the Protection of Personal Data (KVKK). The purposes of data processing, storage periods, and the MEMBER's rights are explained in detail in the KVKK Clarification Text.
ARTICLE 3 – INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
All intellectual and industrial property rights over product photos, videos, designs, logos, software, codes, texts, trademarks, graphics, and all content on the WEBSITE belong to the COMPANY or have been legally licensed.
This content cannot be copied, reproduced, distributed, published, processed, or used for commercial purposes.
Otherwise, the COMPANY reserves the right to claim all damages incurred from the MEMBER and to resort to legal remedies.
ARTICLE 4 – PROHIBITIONS REGARDING SITE USAGE
The MEMBER cannot use the WEBSITE for the purpose of;
- Sharing unlawful, threatening, insulting, or derogatory content
- Engaging in political or ideological propaganda
- Producing racist, discriminatory, or immoral content
- Infringing on the personal or intellectual rights of third parties
- Distributing harmful software
- Engaging in misleading or manipulative transactions
The MEMBER is entirely responsible for comments, opinions, or content uploaded to the site by them. The COMPANY reserves the right not to publish, partially or completely delete, or block access to such content.
ARTICLE 5 – FORCE MAJEURE
The following situations are considered force majeure:
- Infrastructure and internet failures
- Cyber attacks
- Power outages
- Natural disasters
- Epidemics
- War, terrorism, strikes, mobilization
- Restrictions imposed by public authorities
In such cases, the COMPANY may temporarily or permanently suspend or stop services. The MEMBER cannot claim any compensation or rights due to this.
ARTICLE 6 – TERMINATION OF THE AGREEMENT
6.1. Termination by the MEMBER
The MEMBER may terminate their membership at any time by deleting their account. Upon termination of membership, all rights and privileges also cease.
6.2. Termination by the COMPANY
The COMPANY may immediately terminate the MEMBER's account in cases of;
- Breach of the Agreement
- Fraudulent or unlawful use
- Intellectual property infringement
- Security breach
- Providing false or misleading information
- Actions jeopardizing system integrity
In this case, the MEMBER cannot make any demands.
ARTICLE 7 – NOTIFICATIONS
The email address and phone number declared by the MEMBER during membership are considered valid electronic notification addresses. Notifications made to these addresses are deemed legally valid.
ARTICLE 8 – JURISDICTION AND APPLICABLE LAW
The laws of the Republic of Turkey are applicable in the implementation of this Agreement.
For MEMBERS with consumer status, Consumer Arbitration Committees and Consumer Courts are authorized; for users without consumer status, Ankara Courts and Enforcement Offices are authorized.
ARTICLE 9 – EFFECTIVENESS
This Agreement comes into force upon the MEMBER's electronic approval and remains valid as long as the membership continues.