Distance Selling Agreement

DISTANCE SELLING AGREEMENT


Agreement Parties  :


This Agreement is agreed and entered between;


a)   KOCAER TEKSTİL SAN TİC AŞ having its seat at Organize Sanayi Bölgesi Feridun Alpat Caddesi NO: 22 20100 Denizli/Turkey, operating over www.juadesign.com web page (herein shall be referred as "JuaDesign") and


b)    www.juadesign.com  Internet subscriber, having its residence whose address to be notified by the user on subscription page (herein shall be referred as "Member").


2. Agreement Subject :


This Agreement sets forth the conditions for use of services provided by JuaDesign over web page  www.juadesign.com  address, products offered for sale and membership privileges by the member..  


3. Agreement Provisions :


3.1. Nothing in this agreement shall be construed against JuaDesign unless it is expilictly expressed. Unless otherwise specified by JuaDesign in writing, JuaDesign shall be entitled to claim prices for products and services announced on web site.


3.2. This membership agreement does not attribute any financial covenant or liability to the Member. Member shall only be liable to pay for cost of products and services to be ordered over www.juadesign.com   web page as well as other related costs. No additional membership fee shall be required.


3.3. JuaDesign may assign membership types consisting wider privileges and discount rights with different features than the rights provided to the member under this agreement subject to fees or certain covenants such as GOLD membership, PLATINUM membership etc. names following the signature of this agreement. Member’s membership shall not upgraded to paid membership without member’s consent, however, member will not be able to demand new and paid services provided under paid membership without upgrading their membership status or activating the membership type consisting services and privileges he/she would like to benefit.


3.4. Member declares and acknowledges that the personal and other information provided for subscription to  www.juadesign.com   web site are legally correct and true, and he/she shall indemnify all damages accrued against JuaDesign due to incorrect information.


3.5. Member shall not share membership password provided at www.juadesign.com web page subscription with third persons or institutions, only member is entitled to use use the subject password. JuaDesign  shall be entitled for all claim and compensation rights arising from such unauthorized use that may be claimed against JuaDesign by third parties or competent authorities..


3.6. Member hereby agrees and acknowledges to comply with and shall not violate legal statute provisions during use of services exclusive to members on www.juadesign.com  web page. Otherwise, member shall fully and exclusively bear all legal and penalty liabilities.


3.7. Member shall not use www.juadesign.com  web page and portal services in any manner to disturb public peace, against general moral practice, to disturb or harass others, for any illegal purposes, infringing other’s intellectual and copy rights and shall not assign given services to 3rs party use nor shall make subject to trade activities such as rental or sales. Furthermore, member is not allowed for any activities or transactions that may prevent or obstruct others’ use of the services (such as spam, virus, Trojan, etc.)


3.8. Opinions and ideas stated, printed or used by members on www.juadesign.com  web page are solely personal opinions of the members and can only be attributed to the member itself. Those opinions and ideas have no relation or link to JuaDesign. JuaDesign shall bear no liability for the damages against third parties due to opinions and ideas stated by members or damages accrued against Client due to acts of third parties during use of services.


3.9. JuaDesign shall not be held responsible for member data access and damages to member software and data by unauthorized persons. Member hereby agrees to waive compensation claims against JuaDesign for any damages that may arise due to use of www.juadesign.com web page and portal services.


3.10. Member agrees not to make an unauthorized access or use other internet user software and data.  Otherwise, member shall be solely bear any related legal and criminal liabilities.


3.11. Member violating one or more articles set forth in this membership agreement shall be personally liable for legal and criminal consequences of such violation, and shall indemnify JuaDesign against legal and criminal consequences of such violations. Furthermore; in case legal remedies are sought for the incident due to such violation, JuaDesign shall be entitled to claim for compensation against the member due to violation of this membership agreement.


3.12. JuaDesign shall be entitled to deactivate member’s membership and delete client files, document and information. Member hereby accepts such disposal. JuaDesign shall have no responsibility in such case.


3.13. JuaDesign does not guarantee or undertake correctness, completeness, adequacy and currency of any information provided on JuaDesign www.juadesign.com   web page. User shall not claim damages due to such information or incorrectness of web page and/or portal services. JuaDesign may change, correct and/or remove such information and/or portal services at any time without requirement of prior notice and/or information whatsoever. JuaDesign took all measures required for flawless web site and portal services. However, no guarantee is provided for any errors that may exist or occur on web site.


3.14. JuaDesign, its board of administrators members, managers, employees and persons preparing information on the web page and/or portal services shall not be held liable for direct and/or indirect, pecuniary and/or non-pecuniary, negative and/or positive all types of damages under any name whatsoever due to access to www.juadesign.com web page as well as direct and indirect use of information and services provided on the web site.


3.15.  Anything including but not limited to materials and documents on www.juadesign.com  web page are exclusively JuaDesign properties and copy rights and/or other intellectual and industrial properties in relation to those materials and documents are protected under applicable laws, and those materials and documents cannot be used, acquired changed by member without consent. Other companies and their products on this web site are trademarks of their owners and protected under intellectual property rights.


3.16.  Materials and documents on www.juadesign.com  cannot be changed, copied, duplicated or reproduced by members in any form.


3.17. JuaDesign may collect certain information such as name of Internet service provider used to access the site and Internet Protocol (IP) address, date and time of access to the site, other pages accesses during site access as well as Internet address of the Web site providing direct link to the site in order to improve and enhance www.juadesign.com   web site and/or pursuant to legal statutes.


3.18. JuaDesign may use personal information of members for the studies in respect to personal choices and areas of interest in order to improve its products and services and ease use of web site. JuaDesign shall be entitled to retain records of member actions on www.juadesign.com  web page while receiving portal services.


3.19. JuaDesign may disclose member’s personal information in good will when requested as legal requirement or (a) in order to comply with legal requirements or to comply with legal actions served to JuaDesign or JuaDesign web site; (b) to protect and defend JuaDesign and JuaDesign web site family rights and properties.


3.20. Reasonable measures are implemented in order to keep JuaDesign web site free of viruses or software of similar purposes. On the other hand, users are liable for running their own virus protection system and providing necessary protection for final security. Users shall be hereby deemed to accept personal liability for any errors that may occur on their software and operating systems due to access to JuaDesign web site and consequences thereto.


3.21. JuaDesign reserves the right to change site content at any time, change or end any service provided for users or delete user information and data recorded on JuaDesign web site, and remove, withdraw products from sales at any time.


3.22. JuaDesign may change membership agreement terms at any time without prior notification and/or warning, may update or cancel. Each provision that is changed, updated or removed shall be binding for users as of date of publication.


3.23. Parties agree and state that all computer records of JuaDesign shall be basis for only and true evidence in accordance with Civil Procedure Code, article 287, and subject records constitute an evidence agreement.


4. Term and Termination of Agreement :


This agreement becomes effective as of Member’s statement of acceptance. JuaDesign is deemed to accept the agreement by offering to member, and agreements that are not agreed by Member shall not be used against JuaDesign. 


This agreement shall remain in effect until cancellation of membership by the member or termination of membership by JuaDesign. Shall JuaDesign breached any provision of the membership agreement, member shall be entitled to cancel their membership and unilaterally terminate the agreement.


5. Resolution of Disputes:


Denizli Courts and Execution Offices shall govern any disputes regarding this agreement.


6. Effect:


Member’s subscription for membership shall mean that all articles of membership agreement are read and all articles of the membership agreement accepted. This Agreement is entered by member’s subscription and mutually became effective. Member’s approval on electronic environment shall be sufficient, and member signature shall not be required additionally.