MEMBERSHIP AGREEMENT AND TERMS OF USE FOR THE SITE

1. THE PARTIES

1.1 This Membership Agreement is hereby entered into by and between Söktaş Tekstil Sanayi ve Ticaret A.Ş., a service provider operating pursuant to the Law No. 6563 on the Regulation of Electronic Commerce and residing at the address of Cumhuriyet Mahallesi, Akeller Cad. No. 54, 09201. Söke, Aydın, Türkiye, on the one hand, (hereinafter referred to as “shop.soktas.com”), and

the “User” who uses, in his capacity as the “Member” or the “Visitor”, the website with the domain name or mobile application or other platforms that belong to shop.soktas.com (in this Agreement, the term User shall mean all users without making any differentiation between Visitor or Member whereas a Member shall mean all registered users only), on the other hand.

1.2 The User or Member shall hereinafter be referred to as the “Party”, individually, and the “Parties”, collectively.

2. PURPOSE OF THE AGREEMENT

2.1 It is intended to govern and define such terms and conditions applicable to those goods and services to be offered to the User on the website with the domain name “shop.soktas.com“ owned by Söktaş Tekstil Sanayi ve Ticaret A.Ş. (hereinafter to be referred to as the “Website”).

2.2 The website is an electronic commerce service that supplies products and services to its users. These services are provided over such website that is available on the domain name “shop.soktas.com”.

2.3 The use of the platform indicates that the User has read and accepted this membership agreement. Therefore, this membership agreement shall be binding for all members, users and visitors that make use of the services available on the website. The users of this website shall be deemed to have undertaken to comply with the provisions hereof regardless of whether they are visitors (a visitor means someone who is not a member but makes use of shop.soktas.com services in a limited way), or a member (a member: means a user registered with shop.soktas.com by providing his personal data). The word “user” referred to in the agreement text shall also entail “members” and “visitors”.

3. USER OBLIGATIONS

3.1 The User agrees that he has read and understood the contents of the present agreement in full and he unconditionally accepts and approves all facts referred to herein and posted on the website, and he hereby represents and warrants in advance that he shall not make any plea or objection in respect of the matters referred to herein.

3.2 The User may in no event use the services offered by shop.soktas.com in a manner that disrupts the public order, is against general ethical rules, in a disturbing and harassing manner or in an unlawful way, nor may he use them in a manner that infringes intellectual or industrial properties of third parties (copyrights, trademarks or patents etc.). Moreover, he may not commit any act or initiative that blocks the use by third parties of services offered over the website, or makes such use difficult and challenging. The User hereby agrees and undertakes in advance to comply with the restrictions above.

3.3 The Member may not disclose such password assigned by shop.soktas.com to him or set by him to any third-party individual or entity. The User rights that the User and/or Member may have hereunder shall be only vested in him and may not be assigned to third parties. It is the Member who shall be responsible for the use by third parties of the user name and/or password, and the Member may in no event hold shop.soktas.com liable for this reason.

3.4 The User and/or Member agrees and undertakes that it is his responsibility to secure the security of the user name and password that he sets during his registration with the site as a member, and to take the necessary measures, to avoid using membership accounts, user names and passwords of other members, to avoid any unauthorized access to data and not to share his passwords with others; that unless he acts in compliance with the foregoing, he shall bear the entire civil and penal liability; that he shall immediately report to shop.soktas.com in case he becomes aware of the use of membership accounts by unauthorized parties; that shop.soktas.com may not be held liable in case third parties have unauthorized access to members, membership accounts and user names of the members.

3.5 The User agrees to avoid unauthorized access to, and/or not to use, such software, personal data or other data of other users that use services offered over the website.

3.6 The User hereby agrees, represents and undertakes that he shall not distribute such messages that entail legally restricted data, malicious software such as chain mail, viruses, worms etc., and any other content that may be harmful to third parties; that he shall not send any program and/or data that may give harm to such information or software installed in computers of other users nor may it use such a technique.

3.7 The Used agrees, represents and undertakes to comply with, and not to act in breach of, Intellectual and Industrial Works Law, Industrial Property Law, Turkish Code of Commerce, Turkish Criminal Code, Turkish Code of Obligations and other applicable legislation as well as circulars published by shop.soktas.com.

3.8 shop.soktas.com logo used on the website, mobile applications and all other platforms of Söktaş Tekstil Sanayi ve Ticaret A.Ş. and contents of platforms as well as any intellectual and financial rights in such software thereat shall be the property of shop.soktas.com. The User agrees, represents and undertakes that it shall not use any or all platforms to view their contents and/or copy, reproduce, change or for any other unlicensed or unpermitted use; that it shall not create any derivative works from this content or shall not display or exhibit them to the public.

3.9 The User agrees, represents and undertakes that he understands that shop.soktas.com may provide for user-supplied graphics, articles, pictures, visuals, texts and similar contents via platforms; that for this reason, each User who posts a content shall be liable for the implications of such content and post; that shop.soktas.com shall in no event be held liable; that in case the User posts such a content, shop.soktas.com shall have the right to remove such content in case the content is, or shop.soktas.com is in the opinion that it is, in deviation from the publishing principles of Söktaş Tekstil Sanayi ve Ticaret A.Ş. and the applicable laws; that the User may not object to the removal of such content.

3.10 The User represents, agrees and guarantees that his personal details are true and correct; that in case of a change to such details, he shall update them as soon as possible, or where a time period is set by the applicable law, within that term; that shop.soktas.com shall have no relationship or connection to any opinion, thought, idea, expression or photographs to be posted by the User; that these shall be solely binding for him.

3.11 The User may not use the website as a commercial promotion platform nor may he attempt to promote or sell goods or services, or to refer other users to sales channels over the website. shop.soktas.com shall have the right, at its sole discretion, to terminate memberships of such members who are discovered to have been using the website for that purpose and/or to remove their pages from the site.

3.12 A member may not assert any claim or right against shop.soktas.com in case he opts out of membership or his membership is terminated by shop.soktas.com.

3.13 The User agrees, represents and undertakes that where, regardless of whether he is a member or a visitor only:

• he suffers a loss because of a breach by him of any obligation herein, he shall not be entitled to assert a claim against shop.soktas.com for such loss; that he may not bring about or initiate any legal proceedings against shop.soktas.com on such grounds;
• where a third party suffers a loss due to his breach, he shall immediately indemnify the third party against such loss upon its first demand; that unless he indemnifies a third party, shop.soktas.com shall have recourse to him for the entire loss plus such interest accruing since the actual payment by shop.soktas.com of the indemnity as well as all other accessories related thereto;
• where he causes shop.soktas.com to pay a judicial or administrative fine on account of his breach, he understands that shop.soktas.com shall have recourse to him to recover that fine from him along with the entire statutory interest accruing as of the actual payment date and all other accessories thereon;
• where shop.soktas.com suffers a direct loss on account of his beach, he shall indemnify shop.soktas.com against such loss together with the entire statutory interest accruing thereon as of the loss date and all other accessories.

4. POWERS OF shop.soktas.com

4.1 shop.soktas.com may unilaterally suspend or terminate the services provided to a user and/or a member at all times, and shall have the right to defer, restrict or block any user access to any of its pages or services without the need to state any reason and to give any notice. The User may not hold shop.soktas.com liable under any name whatsoever for this reason.

4.2 shop.soktas.com shall have the right to terminate or freeze the membership of any Member without the need to account for the termination in case his personal data are missing or wrong or he acts in breach of other terms of use described in this platform. Moreover, shop.soktas.com shall have the right to terminate or freeze accounts of a member without any explanation in case such member is found not to have updated his data for a specific period of time.

4.3 shop.soktas.com does not guarantee that its services provided over its website or other platforms shall be continuous, uninterrupted or error-free or that the use of contents of the site or mobile applications or a connection to the site shall entail or lead to specific results or implications. While shop.soktas.com may have adopted all security measures in connection with the services provided over the website or platforms, it does not guarantee that the user system shall not be damaged due to any application, file or similar content downloaded by the user from the platform due to the inherent nature of information systems. shop.soktas.com may not be held liable for losses that may arise from the use of shop.soktas.com, mobile applications or other platforms, including direct, indirect or contingent losses, consequential losses and punitive damages.

4.4 shop.soktas.com shall have the right to reject, delay, post late, refuse to post or remove any content, e-mail or any message from the users on its pages without stating any cause or reason.

4.5 The right to post ads and promotions on shop.soktas.com platforms shall be only vested in the website or third parties licensed by shop.soktas.com.

4.6 shop.soktas.com may publish links to other sites that may not necessarily be its own sites on its website or other platforms. In such a case, considering the fact that the contents of sites to which shop.soktas.com provides a link or which is recommended by shop.soktas.com may change in time, it is the owner of that site that shall be fully responsible, and shop.soktas.com shall bear no liability, for user’s use of information there, or confidentiality obligations and contents in those sites in case of any visit made by users via links or recommendations for such third-party sites.

4.7 In case user names, e-mails and other personal data in shop.soktas.com platforms are collected by unauthorized persons for any reason whatsoever, this constitutes a crime under the applicable law.

4.8 shop.soktas.com shall not be responsible for any errors in updates of prices, goods or otherwise attributable to technical reasons and may update or change prices posted at shop.soktas.com platforms at any time at its sole discretion.

5. TERMINATION AND AMENDMENTS

5.1 shop.soktas.com and the Member may terminate this membership agreement at any time at their sole discretion. shop.soktas.com may unilaterally change, adjust or update the terms of this membership agreement, the website, its contents or services offered herein or at any other site at any time, including those required pursuant to the applicable law. Such changes, adjustments and updates shall be deemed to be effective as soon as they are posted at the relevant platform. Users shall be deemed to have agreed updated/changed/adjusted articles whenever they log into the website publishing under the domain name shop.soktas.com or they use the relevant platform.

5.2 The Member agrees and undertakes that he shall immediately indemnify shop.soktas.com and/or third parties against any losses and damages that the latter may suffer due to the member’s breach of the rights and obligations herein and/or his failure to perform his obligations and commitments hereunder as of the date when he starts to use the service provided by shop.soktas.com pursuant hereto; that shop.soktas.com may unilaterally terminate the agreement and cancel his membership.

6. DISPUTES

6.1 This Agreement shall be construed and governed, and any dispute shall be settled, according to Turkish law without regard to the rules of conflict of laws, and Istanbul Courts shall have jurisdiction over such disputes.

7. NOTIFICATION ADDRESSES

7.1 The address notified by the member on the website shall be deemed to be his statutory notification address for all kinds of notices to be served in connection with or for this agreement.

7.2 The member agrees that unless he updates his membership details on the website in writing due to changes in his current address and gives a notice of such change within 3 (three) days, notices to be served on his former address shall be valid and deemed to have been served on him.

7.3 Any and all notices that shop.soktas.com may e-mail to the member’s registered e-mail address under this agreement shall be fully valid and e-mails shall be deemed to have been received by the member 1 (one) day after the e-mail sent by shop.soktas.com.

8. EFFECTIVENESS

The Member hereby agrees, represents and undertakes that he has fully read, understood and accepted all articles set out herein; that he certifies that his personal details provided herein are true and correct. This membership agreement is hereby entered into by and between the parties when the member becomes a member and comes in force on a mutual basis and for an indefinite term. The agreement shall automatically become null and void when the membership terminates or any of the termination circumstances or causes set out herein occur without any further need for notice.

PRIVACY CONTRACT

This Privacy Contract is an integral part of the Distance Sales Agreement and User Agreement.

An individual or legal person and/or their respective representatives shall be deemed to have agreed the following privacy terms and conditions in case they have access to shop.soktas.com or use the services offered at the site. Please read this Privacy Contract carefully before you have access to the site contents or use any of the services there.

1. Cookies

Cookies are small bits of information stored by your browser software in your computer’s hardware or temporarily on its memory. The use of cookies is an industry-wide standard and you can come across them in many large websites. shop.soktas.com may embed or store Internet cookies in the user’s hardware. Cookies may record any of information types above. Cookies allow users of shop.soktas.com to personalize their experience to view and check the website. When a User visits the site again, shop.soktas.com is able to recognize this User thanks to these cookies, and may thus customize the User’s experience in the site. Cookies are also used to monitor site use and traffic, to view ads to see popular products or services or to estimate the number of site visitors. Moreover, shop.soktas.com uses cookies to store user names and passwords provided or set during the registration. Where shop.soktas.com makes use of cookies for collecting data about third parties, for instance, advertisers, those advertiser(s) may receive electronic notices that their ads are displayed.

shop.soktas.com may use third party network advertisers to offer advertisements in the site and may use a traffic measurement service to analyze the site traffic. Network advertisers are third parties that display their ads based on your site visits or other websites that you visit. This advertisement presentation by third parties allows us to choose advertisements for you for goods or services that may be of interest to you. Although advertisers and other companies have no access to cookies embedded by the site, in case you activate cookies in your browser, the site’s third-party network advertisers, advertisers, sponsors and/or traffic measurement service provider may embed and have access to their own cookies in your computer. These third-party cookies are embedded for certain purposes, including, inter alia, to help delivery of advertisements that may attract your interest, to save you from seeing the same advertisement many times and to carry out research about the usefulness or availability of certain advertisements. We would like to inform you that any picture (or any other section of any web page) offered by third parties in connection with third party cookies may serve as web beacons that will allow third parties to execute their pre-defined operations. Third party cookies and web beacons are not subject to the management of this policy but to the exclusive privacy policies of third parties. You can visit http://www.networkadverdtising.org/optout_nonppii.asp which provides information about “opt-out” procedures of some third party adservers that we may use while various companies are used to display advertisements on the Site.

While many web browsers are pre-configured to accept cookies from the very beginning, you have the option to reject cookies from being embedded in your hardware by using (if any) appropriate characteristics of your web browser in order to delete user cookies at your option. Notwithstanding the foregoing, where the web browser does not accept cookies, Users should be aware of the fact that certain areas in this site may not work properly.

2. Permission

shop.soktas.com saves and stores such user data, IP address, location details and similar data that should be stored pursuant to the applicable legislation. You hereby permit shop.soktas.com to collect this kind of data and to use them where necessary.

When you disclose your personal data to shop.soktas.com, you consent to the collection and use of all data as per this privacy policy, including circumstances whereby you will be contacted by means of an e-mail or SMS to inform you about matters or services that you may be interested in.

3. Use of Personal Data

In addition to specific uses described in the Privacy Contract or consented by you, your personal data may be used by shop.soktas.com to provide you with services, to administer your membership, to inform you about other services that you may be interested in, to inform you about changes and improvements applied in shop.soktas.com and its services and to carry out direct marketing activities.

shop.soktas.com may also use such data to monitor the site’s use, to register traffic flow and to research into membership demographics, benefits and behavior.

4. Disclosure of Personal Data

shop.soktas.com tries its best to protect and safeguard your personal data. shop.soktas.com shall disclose your personal data only pursuant to the applicable law, regulations or legislation or upon a legal order or upon a request by judicial or administrative bodies.

5. Access to Personal Data

User have the right of access to their personal data. In case you have a request about your personal data, please inform us by contacting us through shop@soktas.com.

6. Links to Other Sites

shop.soktas.com may contain links to other websites for providing convenience of use for its users. These websites have not been previously reviewed by us and they are owned by third parties over which we do not have any direct or indirect control and/or authority. When you have access to third party sites, you should first review and accept the rules of that site before you use the site. Links provided by shop.soktas.com to third party sites do not mean that shop.soktas.com endorses that third party site or products or services displayed there. shop.soktas.com does not expressly or covertly adopt the contents of other sites to which it provides a link or other links contained therein and shall not be held responsible for the contents of other sites to which it provides a link or other links contained therein.

7. Other Questions

shop.soktas.com welcomes questions or comments from users in connection with this Privacy Policy or the use of your personal data. Please send your questions or comments to shop.soktas.com by sending an e-mail to shop@soktas.com.

8. Effectiveness

shop.soktas.com may change the provisions in this privacy policy if it deems it necessary. Provisions amended by shop.soktas.com shall be considered to become effective on such date they are posted on the relevant page.

Web Store Return Policy

All goods that you will buy from shop.soktas.com will be cut off from rolls as per your wishes to make them ready for use. For this reason, pursuant to Article 15/ b of “Distance Agreements Regulation” which came in force upon its publication in the Official Gazette issued on 11/27/2014 under No. 29188, you are not allowed to exercise your right of withdrawal that entitles you to terminate the contractual relation without stating any cause.

If you are dissatisfied with your shopping due to a fault or defect, the first thing you should do for a money refund or product replacement is to submit your request to us online by means of a form available at the website within 14 (fourteen) days from the date of delivery.

After we receive your return request, shop.soktas.com will evaluate the request to see if it meets such conditions for return below. In case your request is approved, your goods will be picked up from you by our contracted forwarding agency. Costs for returning those goods or products will be at our expense. If you wish, you can send the goods to us by choosing a cargo company that you select provided that the costs of this return should be covered by you.

In case you shop online, the product should be sent to us in its original package along with its invoice and a wet-signed return form that you can download from our website.

Your money will be refunded to you by means of the same payment method that was used by you within 14 (fourteen) days following the receipt of your product. The crediting of your credit card account may take 2 to 5 days under normal circumstances but; it may change depending on your bank’s procedures.

General Return Conditions

Returns should be strictly made in their original boxes or packages.

In case original box/packaging is deformed, damaged, incomplete or is not suitable for resales, or is in a condition that cannot be bought by any other customer, the return of such products is unacceptable.

You are required to complete the return form fully and sign it. Afterwards you should send it in accompaniment of the product that you wish to return.

We can organize buy-back planning for you for the products that you wish to return. Returned items that are transported by our contracted cargo companies shall be covered by us. Otherwise another cargo company shall charge you with dispatch costs.

Return of Damaged or Defective Products

When you take delivery of your order, please strictly check if your packages are sound and complete. Your products will be delivered in accompaniment of a delivery note and invoice. No replacement or return is allowed without the invoice. In case of invoices issued to the name of a company, the return invoice of the buyer may be used for replacement or return procedure.

The cargo officer will get you to sign a form evidencing that you have taken delivery of the dispatched item in a complete and solid condition. In case of external damage to the parcel, you are required to ask the cargo officer to issue a report evidencing that damage. These products will be replaced within 14 (fourteen) days. In this case, you will not be charged with an additional transportation or product cost.

For the return of any damaged or defective products that are not apparent at the time of the delivery, our Customer Care Department will ask you to send a photograph showing the defect or damage to the product. In case it is understood following the review that the damage or defect is not attributable to the consumer, the product shall be replaced with an identical one or the product price shall be refunded.

Return of Incomplete or Wrong Products

If there is a missing product in your order, you can accept the delivery of complete ones and should note this before you sign for incomplete products. On the other hand, if there is any incorrect product in your order, you should not accept that product and should state it in the delivery note in writing.

For your return or replacement requests in respect to your order, you can contact us by sending e-mails to shop@soktas.com or by calling us at +902565182255.

Privacy Policy for Personal Data

Data Officer: Söktaş Tekstil Sanayi ve Ticaret A.Ş. “Söktaş”

Cumhuriyet Mahallesi, Akeller Cad. No. 54, 09201. Söke, Aydın, Türkiye

In SÖKTAŞ, we care for the assurance and processing of personal data of people related to our Company, including our customers, consumers and employees in line with the Turkish Republic Constitution and international treaties for human rights as ratified by us and the applicable legislation, including, in particular, the Law No. 6698 on the Protection of Personal Data (“PPDL”).

We would like to inform you in our capacity as the Data Officer under the PDDL.

Your personal data that you may share with our Company in your capacity as customers, consumers, suppliers or employees may be processed reasonably and for the purpose of our operations and services in line with PPDL and they may be stored, used for profiling and classified or transferred to third parties in Turkey or abroad.

Purposes to process your personal data

Your personal data may be processed:

• as required by the law and rules of good faith and integrity;
• in a limited and reasonable manner that serves the purpose of processing;
• correctly and currently;
• for specific express and legitimate purposes.

In our capacity as the Data Officer, our Company may process your personal data to know you better and have a better insight to your needs; to respond to your wishes more quickly and to improve our dialogue with you to supply a better service to you and to propose more personalized products, services and offers; to make analysis in this respect, to inform you about our products and services, to measure up your satisfaction about our products and services, to improve and diversify our goods and services in line with your wishes and needs, and last but not least, to carry out our quality and standard audits as may be necessary and to fulfil our legal liabilities such as reporting and others.

Our employee data may be processed by our Company or such individuals or legal persons that our Company cooperates or authorizes in line with the Labor Code or labor and social security legislation or other applicable laws in force as well as our human resources policy or to enhance performance level and employee satisfaction or to ensure work security and peace in office and other business-related purposes.

Transfer of Personal data

Your personal data may be disclosed to other members of the Group in line with PPDL and other applicable legislation for the purposes described above, or they may be transferred to parties at home or abroad in line with the purposes of our service that we offer together with our business partners, our business dealers, our performance assistant and subcontractors or in such circumstances that may be required by the regulatory or supervision agencies, governmental bodies or applicable legislation.

Methods to collect your personal data and legal grounds

Your personal data may be collected verbally, in writing or electronically for the purposes and scope described above.

Your personal data are collected and compiled by our Company or such natural or legal persons that process such data on behalf of our Company through verbal, written or electronic means, including but not limited to, your membership form that is completed electronically or membership form completed during your membership under the loyalty program or your membership to our website or social networks that allow you to log in as a member, forms that you complete to contact us at our websites or third party websites, online shopping practices, electronic book practices, various contracts that you sign with our Company as well as electronic mail, faxes and letters that you sent to us and written or verbal communication between you and us and similar channels.

Your Rights as the Owner of Personal Data

Provided that the PDDL and other applicable legislation remains reserved, you shall have following rights:

• To inquire whether your personal data have been processed;
• If your personal data have been processed, then to ask for information about it;
• To inquire into the purpose of the processing your personal data and to see if they are used in line with that purpose;
• To know about third parties to which your personal data are transferred in Turkey or abroad;
• In case your personal data are processed incompletely or erroneously, to ask for a correction;
• To request that your personal data should be deleted or destroyed in line with such conditions prescribed in PDDL;
• If you ask that incomplete or wrong data should be corrected or that your personal data should be deleted or destroyed, to request that this action should be notified to third parties to whom your personal data are transferred;
• To raise objections against results that work against you in case processed date are analyzed by automatic systems only;
• In case you suffer a loss because of the unlawful processing of your personal data, to assert claims for compensation.

You can send your requests to use your rights to us in writing or by means of any other method that the Personal Data Protection Committee may decide.

You can send your written request to [the Company’s correspondence address] in wet signed form or you can send an e-mail to our electronic mail address from an e-mail address suitable for communication.

Your application letter should contain your explanations about the right that you wish to use out of the ones above that you have the right to exercise, and it should have a clear and understandable language, clearly describing your request. In case the matter for which you will use your right is related to yourself or in case you are acting for someone else and you are exclusively authorized in this respect, you are required to document your authority. The application letter should also have ID and address details and the documents that evidence your ID should be attached to the application letter.