By using the www.ozkonakkuyumcu.com website, mobile application, and/or any information on these Platforms, placing an order, and/or becoming a member of this site/application, you have read, understood, and accepted the terms and conditions set forth below. It is important to visit this section during your visits to our Site to be informed about changing conditions. If you do not find the specified conditions appropriate, you are requested not to use our site.
a) On the one hand, Cherry Jewellery Hediyelik Eşya Sanayi ve Ticaret Limited Şirketi, located at Fulya Mah. Büyükdere Cad. Torun Center A Blok No: 74 A İç Kapı No:37 Şişli/İstanbul, carrying out the activities of the www.ozkonakkuyumcu.com website (Hereinafter referred to as "Cherry Jewellery").
b) On the other hand, the internet user who uses the website with the domain name www.ozkonakkuyumcu.com(Hereinafter referred to as the "Website") or the mobile application or other platforms belonging to Cherry Jewellery as a "Member" or "Visitor" (Hereinafter referred to as the "User"). (In the Agreement, the term User is used to cover all Users regardless of being a Visitor or Member, and Member covers only registered users).
In the Agreement, Cherry Jewellery and the User or Member shall be referred to individually as a Party and collectively as the Parties.
The subject of this Agreement is the determination of the conditions regarding the User's and Member's use of the website, their utilization of the Product(s) offered by Cherry Jewellery and Services if any, and the rights and obligations of the Parties. With the acceptance of the Agreement by the User and Member, the User and Member accept, declare, and undertake that they have accepted all kinds of statements regarding the services, usage, content, applications, Members, and Users offered and to be offered by the Company on the Site.
3.1. Determines under which conditions the products and services to be offered to the User by Cherry Jewellery via www.ozkonakkuyumcu.com mobile applications and/or via the website with the domain name www.ozkonakkuyumcu.com where Cherry Jewellery carries out its activities and/or on Apple Store, Google Store, and similar mobile application stores will be offered.
3.2. Cherry Jewellery is an electronic commerce service that provides product supply and services to its users. These services are provided via the Platform (hereinafter, the website and mobile applications will be collectively referred to as the Platform) offered via the website broadcasting on the www.ozkonakkuyumcu.com domain name or via www.ozkonakkuyumcu.com mobile applications.
3.3. The use of the Platform indicates that this Membership and User Agreement has been read and accepted by the User. Therefore, this Membership and User Agreement is binding for all Members, Users, and Visitors who benefit from the website with the domain name www.ozkonakkuyumcu.com or mobile application services. Those who use this website, whether as a Visitor (Visitor: those who benefit from www.ozkonakkuyumcu.com services in a limited way without being a Member) or as a Member (Member: Users who register by providing their personal information to www.ozkonakkuyumcu.com), undertake to act in accordance with the provisions of this agreement. The term "User" in the text of the agreement also includes "Member" and "Visitors".
4.1. The User declares, accepts, and undertakes to act in accordance with the notifications to be published by Cherry Jewellery regarding the services it offers while using the site, and all kinds of legal regulations, primarily the Turkish Penal Code, Turkish Code of Obligations, Turkish Civil Code, Turkish Commercial Code, Law on Intellectual and Artistic Works, Trademark and Patent Legislation; and that all legal, penal, and administrative liability in case of violation shall belong to the user.
4.2. The User declares and undertakes in advance that they have read the entire agreement, fully understood its content, and unconditionally accepted and approved all matters stated in the agreement and located on the website with the domain name www.ozkonakkuyumcu.com or its mobile applications (each mobile application may exceptionally contain different terms and conditions due to relevant application store rules), and that they will not put forward any objection or plea regarding these specified matters.
4.3. The User cannot use the service offered by www.ozkonakkuyumcu.com on the Platforms in any way that disrupts public order, violates general morality, disturbs and harasses others, for an illegal purpose, or infringes upon the intellectual or industrial rights (copyright, trademark or patent, etc.) of others. Furthermore, they cannot engage in activities and actions that prevent or make it difficult for others to use the services provided via www.ozkonakkuyumcu.com or applications. The User accepts and undertakes in advance to comply with the restrictions specified above. The User accepts and undertakes in advance to comply with the legal legislation provisions and "Site Terms of Use" while using the Site and not to violate them. Otherwise, the Member and User are fully and exclusively responsible for all legal and penal obligations that may arise.
4.4. In order to become a member of the Site, the Member must have the right, authority, and legal capacity to sign a contract according to the laws to which they are subject and must be over the age of 18. If it is determined that a user under the age of 18 has become a member of the Site and shared personal information with Cherry Jewellery on this occasion, this user's membership and shared information will be deleted from the systems.
4.5. The User cannot give the password given to them by www.ozkonakkuyumcu.com or determined by themselves to other persons or organizations. The usage rights possessed by the User and/or Member with this agreement belong solely to them and cannot be transferred to others. The Member is responsible for the use of the username and/or password by other persons, and cannot hold Cherry Jewellery responsible in any way for this reason. The Company is not under any compensation obligation regarding damages the User may suffer in case the password and account security on the Site cannot be ensured and/or shared with unauthorized 3rd parties. Otherwise, Cherry Jewellery cannot be held responsible for data losses, security breaches, or damage to hardware and devices.
4.6. The User and/or Member accepts and undertakes that ensuring the security of the username and password determined while becoming a member of www.ozkonakkuyumcu.com is under their own responsibility, to take necessary precautions, not to use other members' membership accounts, usernames, passwords, not to access their data without permission and not to share their own passwords with others, otherwise legal and penal responsibilities arising from this will belong to them; to notify Cherry Jewellery immediately when they learn that Member accounts are used by unauthorized persons or their passwords have fallen into the hands of others; and that www.ozkonakkuyumcu.comcannot be held responsible for the capture of members' passwords, membership accounts, and usernames by third parties.
4.7. The User accepts, declares, and undertakes not to access and/or use the software, personal data, or other information of other Users benefiting from the services provided via www.ozkonakkuyumcu.com Platforms without permission, and not to make them available for the use of third persons and organizations.
4.8. The User accepts, declares, and undertakes not to distribute messages containing legally prohibited information, harmful software such as chain mail, viruses, worms, etc., and any other content that may harm third parties; not to send programs or information or use a method that will harm the information or software on other users' computers.
4.9. The User accepts, declares, and undertakes to comply with and not to violate the Law on Intellectual and Artistic Works, Industrial Property Law, Turkish Commercial Code, Turkish Penal Code, Turkish Code of Obligations, and other legislation provisions and notifications published by Cherry Jewellery as long as they benefit from the services offered on www.ozkonakkuyumcu.com Platforms.
4.10. All intellectual and financial property rights, trademarks, titles, headers, logos, graphics, patterns, visuals, general appearance, texts, and all other materials and technical data used on the site, including the Cherry Jewellery and Özkonak Kuyumculuk logos located on Cherry Jewellery's website, mobile application, all other Platforms and extensions, belong to www.ozkonakkuyumcu.com and its affiliate Cherry Jewellery; copyright and/or other intellectual property rights regarding these are protected by relevant laws and cannot be used, acquired, or changed by the User without permission. Other companies and their products mentioned on the Site are trademarks of their owners and are also protected under intellectual property rights. The User accepts, declares, and undertakes not to use any method to monitor and/or copy, reproduce, change the contents of one or all of the Platforms or for other purposes not permitted and authorized; not to create derivative works from this content or display them to the public. No material and functionality on this site can be published, copied, reproduced, changed, reproduced, translated into another license, sent by mail, uploaded to a computer, used for any purpose, linked, or used on other websites in other media without the permission of Cherry Jewellery. While all other rights not listed here are reserved, Cherry Jewellery has the right to resort to all kinds of legal and penal ways in case of acting contrary to these listed.
4.11. The User accepts, declares, and undertakes that they know Cherry Jewellery may include graphics, writings, pictures, visuals, texts, and similar content provided by Users via Platforms, and therefore the User publishing the content is responsible for all kinds of content provided by other Users, and Cherry Jewellery is in no way responsible; and in case content is published by themselves, if this content is contrary to Cherry Jewellery's publication principles and laws or is evaluated as such by Cherry Jewellery, Cherry Jewellery has the right to remove the relevant content from publication, and as a User, they have no right to object to the removal of the content.
4.12. The User is obliged to provide correct, complete, and up-to-date registration information. Otherwise, this agreement will be deemed violated and the account may be closed without informing the member. The User declares, accepts, and undertakes that the information they provide about themselves or update later is correct, that if the information provided changes, they will update this information at the first opportunity and within the period if a period is legally foreseen, that all opinions, thoughts, expressions, and pictures to be published by themselves have no interest and connection with Cherry Jewellery and that these will only bind themselves.
4.13. The User cannot use Cherry Jewellery Platforms as a commercial promotion area, cannot attempt to promote or sell products or services or direct other Users to sales channels via Platforms. Cherry Jewellery has the right, at its own discretion, to terminate the memberships of Users/Members determined to use Cherry Jewellery Platforms for these purposes and/or remove their pages from publication.
4.14. The User accepts, declares, and undertakes not to claim any rights from Cherry Jewellery in case of leaving membership or termination of Membership by Cherry Jewellery.
4.15. The User accepts in advance not to reverse engineer the use of the Site or engage in any other action intended to find or obtain their source code, not to copy, change, publish, send via online or other media, distribute, sell partially or completely any database, website, software-codes related to the Site; otherwise, they will be responsible for damages arising before Cherry Jewellery and/or 3rd parties, and legal and penal action will be taken against them.
4.16. Certain information such as the name of the Internet service provider and Internet Protocol (IP) address used to access the site, the date and time the site was accessed, the pages accessed while on the site, and the Internet address of the Website enabling direct connection to the site may be collected by Cherry Jewellery for the improvement and development of the website and/or within the framework of legal legislation. The Member accepts the collection of this information.
4.17. The User accepts not to produce or share content that is contrary to general morality, good manners, public order, law, damaging to the rights of 3rd parties, misleading, offensive, obscene, pornographic, damaging to personal rights, contrary to copyrights, encouraging illegal activities in their activities within the site, in any part of the site or in their communications. Otherwise, they are solely responsible for the damage that will occur, and in this case, Cherry Jewellery reserves the right to initiate legal proceedings. Additionally, Cherry Jewellery reserves the right to share this information with authorities if information requests regarding activities or member accounts come from judicial authorities for this reason.
4.18. The User, whether a Member or just a Visitor, accepts, declares, and undertakes that due to violating any obligation in this article;
If they suffer any damage, they have no right to claim this damage from Cherry Jewellery and will not direct any lawsuit or claim to Cherry Jewellery for this purpose,
If a third party suffers damage due to their violation, they will remedy this damage immediately at the first request, and if they do not remedy it, Cherry Jewellery has the right to recourse to them with all legal interest and other accessories from the date Cherry Jewellery pays the damage,
If they cause Cherry Jewellery to pay a judicial or administrative fine due to the violation, Cherry Jewellery has the right to recourse this amount to them with all legal interest and other accessories from the actual payment date,
In case Cherry Jewellery suffers direct damage due to their violation, they will pay the relevant damage to Cherry Jewellery with all legal interest and accessories from the date the damage occurred.
5.1. The prices of all products offered for sale on the website and the applied sales conditions are valid only on the Website.
5.2. Cherry Jewellery has the right to change the prices, visuals, features, site terms of use, and all other information published on the website and its extensions if any, to reorganize the site, and to cease and stop publication if necessary without prior notice. In case of changes on the Site and/or its extensions, these changes will come into force on the date of publication, and these changes will be deemed accepted by the user entering and/or using the site. Cherry Jewellery reserves the right to change and update these terms of use whenever it wants and deems necessary. Cherry Jewellery has the right to suspend the service given to the User and/or Member continuously or temporarily unilaterally at all times, as well as to postpone, limit, and destroy user access on any page or service without stating a reason and without warning. The User cannot hold Cherry Jewellery responsible under any name for this reason.
5.3. Cherry Jewellery has the right to terminate or freeze the memberships of Members who report incomplete or incorrect Membership information and Members who act contrary to other usage conditions explained on the Platform regarding this membership agreement without making any explanation. Additionally, Cherry Jewellery has the right to terminate or freeze the accounts of members determined not to be updated for a certain period of time without making any explanation.
5.4. Cherry Jewellery does not guarantee that the services provided from the website broadcasting under the www.ozkonakkuyumcu.com domain name or mobile applications and other Platforms will be uninterrupted or error-free or that specific results will be obtained by using the content of the site or mobile applications or linking to the site. Even though Cherry Jewellery has taken all kinds of security precautions regarding the service offered via the website broadcasting under the www.ozkonakkuyumcu.com domain name or mobile applications or Platforms, due to the nature of information systems, it does not guarantee that the user's system will not be damaged due to any application or file or similar content uploaded from Platforms by Users. Cherry Jewellery cannot be held responsible for damages that may arise from the use of www.ozkonakkuyumcu.com or mobile applications or other Platforms, including direct, indirect, or incidental damages, consequential damages, and punitive damages.
5.5. Cherry Jewellery has the right to reject, delay, take into publication late, not publish, or remove from publication the content, e-mail, or any message found on its pages coming from Users without showing a reason.
5.6. The right to carry out advertising and promotional activities on platforms belonging to Cherry Jewellery belongs solely to Cherry Jewellery or third parties authorized by Cherry Jewellery.
5.7. Cherry Jewellery may provide links to other sites that are and/or are not its own brand on the website under the www.ozkonakkuyumcu.com domain name, on mobile applications, or on other Platforms. Considering that the contents of the sites linked or recommended by Cherry Jewellery may change over time, the external site is entirely responsible for the information usage, privacy principles, and content of the relevant sites in visits to these sites due to links given to external sites or recommendations made regarding external sites, and Cherry Jewellery is not responsible.
5.8. The collection of User names, e-mails, and other personal data on Cherry Jewellery Platforms by unauthorized persons for any reason constitutes a crime per relevant legislation.
5.9. Cherry Jewellery is not responsible for price, content, product, and all kinds of update errors arising from technical reasons, typesetting, and system errors, and may update, change the prices located and announced on Cherry Jewellery Platforms at any time, and reserves the right to cancel orders shown incorrectly.
5.10. Cherry Jewellery accepts and undertakes that the Member can use the Site except for technical malfunctions, updates, unforeseen circumstances, emergency maintenance-repair works, planned maintenance works, interruption and restriction cases applied by authorized authorities. Cherry Jewellery will not be liable if the Member misses the period to benefit from any campaign due to the realization of the mentioned cases. Cherry Jewellery has no responsibility regarding the interruption, deletion, loss of the User transaction, delay in transaction, catching computer virus, unauthorized entry into records, theft, alteration, or use of records for whatever reason.
5.11. Cherry Jewellery has no responsibility in any way or form for direct and/or indirect damages that may arise for whatever reason as a result of entering the Website and its extensions if any, and using the information and other data on the site. In case of linking from the website to internet site/sites not owned by Cherry Jewellery, Cherry Jewellery has no legal/administrative/penal or other responsibility in any way or form for the contents and/or links contained in these site/sites. The risk that may arise in case of entering these linked sites belongs entirely to the user.
5.12. The processing date of Wire Transfer/EFT orders is not the date the order is placed, but the date the payment is seen to have reached our bank accounts. In Wire Transfer/EFT orders, orders for which payment is not made within 1 week and for which the transaction is not notified to www.ozkonakkuyumcu.com by clicking the "I made Wire Transfer/EFT" button after payment is made are canceled.
5.13. Cherry Jewellery does not keep stock of all products offered for sale on the www.ozkonakkuyumcu.com website. Ordered products are produced when deemed necessary. However, the production of ordered products that are not in stock may not be possible for various reasons. In this case, the person placing the order is informed via e-mail or telephone, and the entire amount received for the product is refunded to the credit card if the order was placed using a credit card, or to the bank account if placed via wire transfer/EFT.
5.14. In case it is determined that incorrect, incomplete, and misleading information and expressions contrary to general morality rules, public order, and the laws of the Republic of Turkey are entered into our site, illegal and prohibited activities are attempted, activities threatening the security of the site and operating system are attempted, information in the site content is attempted to be changed or deleted, and similar situations, the user's right to access our site may be blocked. Cherry Jewellery reserves all legal rights, including the right to terminate the agreement unilaterally, to block the User's use of the site for a definite/indefinite period, and/or to close their account against persons and institutions involved in such activities and/or determined not to act in accordance with the general rules specified on the site, although not counted here.
6.1. By using Cherry Jewellery Platforms and remaining only as a User or completing your Membership and becoming a Member ("Member"), you accept, declare, and undertake the following terms and conditions.
6.2. The purpose of our Platforms is to offer special advertisements, campaigns, and other benefits to Users. Therefore, you can benefit from the services and advantages we offer specifically to the person in purchases you will make from all channels belonging to our Platforms, or if you do not want your information to be shared, you may not allow this by using our Platforms with limited features.
6.3. If you remain only as a Visitor and visit our pages without becoming a Member, no information will be collected about you except for legal obligations. If you allow cookies (these permissions can be managed by you in the settings of the browser program you use on your computer/mobile device), we may access some additional information about you.
6.4. Your personal data in the form you fill out to become a Member; will be processed for purposes such as receiving your orders, offering our products and services, making your payments, contacting you for marketing purposes regarding your orders, products, and services, suggesting products and services that might interest you, conveying campaign and promotion announcements related to brand collaborations, ensuring that third parties perform technical, logistics, and other similar functions on our behalf, sending newsletters or making notifications by electronic mail, answering your questions, and providing effective customer service, giving information about new content, by automatic/non-automatic methods, obtaining, taking over, recording in written/magnetic archives at home and abroad, storing, preserving, making available, using, updating, changing, combining, reorganizing, classifying, disclosing, sharing, transferring to home or abroad, transferring, and other ways, and will not be used for any purpose other than this program.
6.5. Members can make necessary updates themselves or request these updates to be made in case of changes in personal information within the scope of the program. Cherry Jewellery may communicate with the Member via SMS/short message, instant notification, automatic call, computer, telephone, fax, electronic mail, and other electronic messages and other sending methods. If you approve the sending of electronic messages via campaigns, electronic newsletters, and other ways within this Membership, you can exit the list at any time by conveying your request to leave by contacting Cherry Jewellery via the directions in the messages or via the contact information on the www.ozkonakkuyumcu.com page. Cherry Jewellery will ensure the Member's exit from the mailing list in this way.
6.6. Your personal data may be transferred to third parties at home and abroad, including www.ozkonakkuyumcu.com's program partners, service providers, suppliers, Cherry Jewellery and its affiliates, and third persons/organizations to be determined by them, for sending electronic newsletters, advertising and marketing activities, evaluating your complaints, and ensuring the effective operation of your Membership within the scope of your Membership. Personal data collected within the scope of your membership is deleted, destroyed, or anonymized upon the Member's request or by Cherry Jewellery ex officio, provided that the periods foreseen by the relevant legislation are reserved, following the termination of the membership by the Member themselves or Cherry Jewellery.
6.7. The Member has the right to terminate their membership at any time. Membership cannot be transferred or sold to third parties.
6.8. Your personal data processed by Cherry Jewellery will be stored securely without allowing unauthorized access by taking all kinds of administrative and technical security measures by us in accordance with the Law on Protection of Personal Data No. 6698.
6.9. You can review detailed information about the Member's other rights over personal data, principles and methods of processing personal data, and administrative and technical security measures taken regarding data in the Clarification Text and our Personal Data Processing and Protection Policy found on our website at www.ozkonakkuyumcu.com and mobile applications.
7.1. Cherry Jewellery and the User/Member may terminate this agreement at any time.
7.2. Cherry Jewellery has the right to make changes, adjustments, and updates unilaterally at any time and as required by legal regulations in the conditions of this agreement, on the website with the domain name www.ozkonakkuyumcu.com, and in the content of the website with the domain name www.ozkonakkuyumcu.com or in the services it offers on other Platforms. These changes, adjustments, and updates are deemed valid from the moment they are published on the relevant Platform. Users are deemed to have accepted the updated/changed/adjusted articles each time they enter the website broadcasting under the www.ozkonakkuyumcu.com domain name or use the relevant Platform.
7.3. The Member accepts, declares, and undertakes to indemnify immediately all kinds of damages and losses that www.ozkonakkuyumcu.com and/or third parties will suffer due to acting contrary to the rights and obligations specified in the agreement and/or not fulfilling their performances and undertakings from the date they start using the service to be provided by www.ozkonakkuyumcu.com pursuant to the provisions of this agreement, and that www.ozkonakkuyumcu.com may terminate the agreement unilaterally by canceling the member's membership.
8.1. All registered or unregistered intellectual property rights such as title, business name, trademark, patent, logo, design, source codes, domain names, information, and method on this Site belong to the site operator and owner company or the specified relevant person and are under the protection of national and international law. Visiting this Site or benefiting from the services on this Site does not grant any rights regarding the mentioned intellectual property rights.
8.2. The information on the Site cannot be reproduced, published, copied, presented, and/or transferred in any way. The whole or part of the Site cannot be used on another internet site without permission. In case of such a violation, the Member will be responsible for all material and moral damages suffered by Cherry Jewellery and third parties.
This Agreement shall enter into force on the date approved by the Member electronically and shall remain in force unless terminated by the parties/membership is ended.
In all kinds of disputes that may arise between the Parties regarding transactions related to this agreement, the books, records, and documents of Cherry Jewellery and computer records and fax records will be accepted as evidence pursuant to the Code of Civil Procedure No. 6100, and the Member accepts that they will not object to these records.
This agreement is subject to Turkish Law, Laws, and legislation of the Republic of Turkey regardless of conflict of laws rules, and disputes will be resolved accordingly. In the resolution of disputes, Provincial or District Consumer Arbitration Committees are authorized within the monetary limits determined and announced annually by the Ministry of Trade as required by law, and Consumer Courts are authorized in cases exceeding these limits. within this framework, the User/Member may apply to Provincial or District Consumer Arbitration Committees at their own or optionally Cherry Jewellery's commercial center; in cases exceeding the application limit to the Consumer Arbitration Committee, they may apply to Consumer Courts primarily by applying for mediation, which is a condition for litigation, and in case of disagreement.
12.1. The address notified by the User/Member to Cherry Jewellery is accepted as the legal notification address for all kinds of notifications to be made regarding this agreement.
12.2. The Member accepts that unless they notify Cherry Jewellery of changes in their current addresses in writing or update via Platforms, notifications made to their old address will be valid and deemed made to them.
12.3. All kinds of notifications Cherry Jewellery will make using the registered e-mail address of the Member in the system due to this agreement are exactly valid, and it will be accepted that the e-mail reaches the Member 1 (one) day after it is sent by Cherry Jewellery.
The Parties shall fulfill their obligations arising from the agreement personally. The Parties shall not assign or transfer their rights or obligations in this User and Membership Agreement fully or partially.
14.1. The User/Member accepts, declares, and undertakes that they have read, understood, and accepted all of the articles in this Agreement and approved the accuracy of the information they provided about themselves. This agreement was concluded at the moment the Member became a member and entered into force mutually and indefinitely.
14.2. The Agreement will automatically become null and void without the need for any warning with the termination of Membership or the realization of any of the termination cases listed in this agreement.
This User and Membership Agreement, consisting of 14 (Fourteen) Articles, entered into force on the date and time it was approved by the User / Member by reading each provision and fully understanding it and approving it electronically.
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