MEMBERSHIP AGREEMENT and TERMS OF USE

  1. PARTIES

Rhow Tekstil Anonim Şti. User Agreement (hereinafter referred to as the 'User Agreement') consisting of this agreement and its annexes which are an integral part of the agreement, has been drawn up between Rhow Tekstil Anonim Şti. and the user who is a member of the site, for the purpose of the user becoming a member of the site and at the time the User Agreement is approved by the user in the electronic environment where the site is located.

By becoming a member of the Site, you accept, declare and undertake that you have read the entire User Agreement, fully understand its content and approve all its provisions.

  1. DEFINITIONS

User: A natural or legal person who becomes a member of the Site by using the services offered on the Site, within the conditions specified in this User Agreement.

Buyer: A natural or legal person who is a member of the site and purchases goods and/or services offered for sale by the seller, under the conditions specified in this User Agreement, by using the services offered on the site.

Site: A website consisting of the domain name www.rhow.shop and subdomains connected to this domain name.

Rhow Tekstil Anonim Şti. (Briefly "Service"): Applications put forward within the Rhow Tekstil Anonim Şti. site in order to enable the Users to carry out the work and transactions defined in the User Agreement.

Rhow Tekstil Anonim Şti. may make changes and/or adaptations to its Services at any time in order to enable users to perform the work and transactions defined in the User Agreement more effectively. The rules and conditions that Users are obliged to comply with regarding these changes and/or adaptations made by Rhow Tekstil Anonim Şti. are announced to users by Rhow Tekstil Anonim Şti. on the bulletin board where explanations regarding the use of the relevant service are located.

Product: Any goods and/or services offered for sale by the Seller on the Site.

Buy Now: Sales format where the seller determines the product price as fixed.

  1. SUBJECT AND SCOPE OF THE AGREEMENT 
  • The subject of the User Agreement is the services offered on the site, the conditions for using these services and the rights and obligations of the parties.
  • The scope of the User Agreement is the User Agreement and its annexes, as well as all statements such as warnings, writings and explanations made by Rhow Tekstil Anonim Şti. regarding the use, membership and services on the site.

  1. MEMBERSHIP AND SERVICE TERMS OF USE 
  • Membership is completed by the person who wants to become a user, by sending the necessary identification information to become a member of the site, and by the registration process being completed by Rhow Tekstil Anonim Şti. Before the membership process is completed, the person who has the right and authority to become a user as defined in this User Agreement

In order to become a member of the site, it is necessary to have the legal and legal capacity stipulated in the Turkish Civil Code No. 4721 and not to have been temporarily suspended from membership or permanently banned from membership by Rhow Tekstil Anonim Şti. in accordance with Article 5.2 of this Agreement. Completing the site registration procedures of persons who do not have legal and legal capacity or who have been temporarily suspended from membership or permanently banned from membership by Rhow Tekstil Anonim Şti. in accordance with Article 5.2 of this User Agreement as stated above will not result in them becoming a member of the site and the transactions made by these persons as “Buyers” on the site will be deemed legally invalid.

  1. RIGHTS AND LIABILITIES

5.1. User's Rights and Obligations

  • The User accepts, declares and undertakes that he/she will act in accordance with all the terms and conditions in the User Agreement, the rules specified in the relevant parts of the Site and all applicable legislation while performing the membership procedures, using the services of the Site and performing any transaction related to the services on the Site, and that he/she understands and approves all the terms and rules stated above.
  • The User accepts, declares and undertakes that Rhow Tekstil Anonim Şti. shall be entitled to disclose its confidential/private/commercial information to both official authorities and rightful persons in accordance with the provisions of the Privacy Policy and the provisions of the mandatory legislation in force or in cases where the rights of other Users and third parties are claimed to have been violated, and that no compensation can be claimed from Rhow Tekstil Anonim Şti. under any name for this reason.
  • The users are solely responsible for the security, safekeeping, keeping away from third parties and usage of the system access tools (user name, password, etc.) that they use in order to benefit from the services provided by Rhow Tekstil Anonim Şti. Rhow Tekstil Anonim Şti. has no direct or indirect responsibility for any damages that users and/or third parties may suffer or may suffer due to any negligence or fault of users regarding the security, safekeeping, keeping away from third parties and usage of the system access tools.
  • Users accept, declare and undertake that the information and content provided by them within the site is accurate and lawful. Rhow Tekstil Anonim Şti. is not obliged or responsible to investigate the accuracy of the information and content transmitted by users to Rhow Tekstil Anonim Şti. or uploaded, modified or provided by them through the site, and to guarantee that such information and content is safe, accurate and lawful. Rhow Tekstil Anonim Şti. cannot be held responsible for any damages that may arise due to the incorrect or erroneous nature of the information and content in question.
  • Users cannot transfer their rights and obligations under the User Agreement, partially or completely, to any third party without the written consent of Rhow Tekstil Anonim Şti.
  • Those who benefit from the services provided by Rhow Tekstil Anonim Şti. and those who use the site shall only carry out transactions on the site for lawful purposes. The legal and criminal liability for each transaction and action taken by the Users on the site shall belong to them. Each User accepts, declares and undertakes that they shall not reproduce, copy, distribute or process the pictures, texts, visual and audio images, video clips, files, databases, catalogs and lists on the site in a way that would constitute an infringement on the real or personal rights or assets of Rhow Tekstil Anonim Şti. and/or another third party, and that they shall not compete directly and/or indirectly with Rhow Tekstil Anonim Şti. either through these actions or through other means. Rhow Tekstil Anonim Şti. shall not be held directly and/or indirectly responsible for any damages suffered or that third parties may suffer due to the activities carried out by the Users on the Site in violation of the provisions of the User Agreement and/or the law.
  • Users accept, declare and undertake that they will not engage in behavior that will manipulate the operation of the Site, and that they will otherwise compensate Rhow Tekstil Anonim Şti. for any damages it may incur.

5.2. Rights and Obligations of the Buyer

  • By making a request to purchase the product, the buyer is deemed to have accepted the product description and the sales terms and procedures determined by the seller.
  • If the BUYER cancels the contract within 14 days of signing, without giving any reason, in writing (letter, fax, e-mail, telegram, notice). If the products whose original packaging is intact are sent back, these products will be unconditionally received by the SELLER, provided that the shipping costs are borne by the BUYER. The SELLER reserves the right to recourse against the BUYER for any damage or losses that may occur on the product during return.
  • The Buyer declares and undertakes that he/she has accepted the preliminary information form and the distance contract regarding the products of Rhow Tekstil Anonim Şti. in accordance with the Consumer Protection Law No. 6052 and the Regulation on Distance Contracts.
  • The Buyer accepts, declares and undertakes to approve the preliminary information form and distance contract prepared by Rhow Tekstil Anonim Şti. on the Site based on his/her user information, within the framework of the Consumer Protection Law No. 6052 and the Regulation on Distance Contracts.
  • The Buyer acquires the right to use the products acquired within the scope of the payment he has made.
  • The Buyer reserves the right to recourse against the SELLER for any damages that may arise due to late performance of the contract.
  • BUYER cannot import or export the contracted products within the borders of the Republic of Turkey under any name without the consent of SELLER, cannot market them within the country or in a place other than the specified location, and reserves the right to claim damages from BUYER due to SELLER being the Turkish Distributor of the said products.
  • The "user names" or "company" names that buyers upload to the system while becoming a member of the Site are also subject to the provisions of this User Agreement. Users must not violate the legal rights of third parties such as copyright, brand, trade name when determining a "user name" or "company" name. In the event that Users act contrary to the provision of this article, Rhow Tekstil Anonim Şti. may request the User to correct this situation that is contrary to the User Agreement or, if it wishes, may temporarily or permanently cancel the User's membership without prior notice to the User.

5.3. Seller's Rights and Obligations

  • The Seller accepts, declares and undertakes that the ownership of the Product(s) offered for sale on the Site belongs to him/her and/or he/she is authorized to transfer the ownership and that there is no legal or other obstacle to the sale of the Product(s) by him/her.
  • The Seller accepts, declares and undertakes that he/she is entitled to purchase a product that he/she will offer for sale on the site, at a fixed price that he/she has previously announced. The Seller accepts that the Buyer will pay the price of the product in the sales system provided on the site and pays the specified price for the relevant product.
  • The Seller accepts, declares and undertakes that the Product/Products offered for sale are in compliance with the rules and current legislation regarding the use of the Site and the Services offered on the Site, as determined by the provisions of the User Agreement or specified in certain parts of the Site, including the Prohibited Products.
  • The Seller accepts that he/she is responsible for all legal responsibilities of the Products displayed on the site.
  • The Seller accepts, declares and undertakes that it will be solely responsible for any liability that may arise from the Products offered for sale on the Site not being among the Prohibited Products and from any violation of any applicable regulations regarding the sale, distribution or sale of the Product on the Site.
  • The Seller accepts, declares and undertakes that, in accordance with the User Agreement, it will send and deliver the Product on time, without damage, in accordance with the qualifications specified on the site and free from defects; that the sale of the Product to the Buyer, the transfer of its ownership and related rights and the responsibilities belong solely to it.
  • The Seller accepts, declares and undertakes that it will create a preliminary information form and a distance contract in line with the information provided regarding the Product to be sold in accordance with the Law No. 6052 on the Protection of Consumers and the Regulation on Distance Sales regarding the Products it sells on the site, and that it will strictly comply with these provisions and will not make any transactions or statements that will restrict or eliminate the provisions.
  • The Seller accepts, declares and undertakes that it will be responsible for the accuracy of the information regarding the user and the product that are the subject of the preliminary information and distance contract, and that it is obliged to check the accuracy of this information provided by it.
  • The Seller accepts, declares and undertakes that the preliminary information form and distance sales contract regarding the Product offered for sale on the Site do not eliminate its responsibility within the framework of the provisions set out in the User Agreement.

  1. SERVICES

The basis of the Services provided by Rhow Tekstil Anonim Şti. is to provide a secure payment infrastructure for transactions made through the Site.

  1. PRICING

Changes to Rhow Tekstil Anonim Şti. service fees will become valid from the moment the change is announced. Unless otherwise stated on the Site, all fees to be collected for the Services on the Site will be calculated and collected in Turkish Lira (TL).

  1. PRIVACY POLICY

Rhow Tekstil Anonim Şti. may use information regarding Users in accordance with the regulations in the Privacy Policy. Rhow Tekstil Anonim Şti. does not provide confidential information regarding Users to third parties or institutions, except in cases permitted otherwise in the User Agreement and Privacy Policy.

  1. OTHER PROVISIONS 

9.1. Intellectual Property Rights

  • All elements of the Site (including but not limited to design, text, image, html code and other codes) (works subject to the copyright of Rhow Tekstil Anonim Şti.) belong to Rhow Tekstil Anonim Şti. and/or are used under a license right obtained from a third party by Rhow Tekstil Anonim Şti. Users and Buyers cannot resell, share, distribute, exhibit, reproduce Rhow Tekstil Anonim Şti., Rhow Tekstil Anonim Şti. information and Rhow Tekstil Anonim Şti.'s copyrighted works, create or prepare derivative works from these, or allow anyone else to access or use Rhow Tekstil Anonim Şti.'s Services; Otherwise, they will be responsible for covering the amount of compensation requested from Rhow Tekstil Anonim Şti. due to damages suffered by third parties, including but not limited to licensors, and all other liabilities, including but not limited to court costs and attorney fees.
  • Rhow Tekstil Anonim Şti. reserves all rights regarding Rhow Tekstil Anonim Şti. services, Rhow Tekstil Anonim Şti. information, Rhow Tekstil Anonim Şti. copyrighted works, Rhow Tekstil Anonim Şti. trademarks, Rhow Tekstil Anonim Şti. commercial appearance or all material and intellectual property rights it has through the site, as well as all assets, real and personal rights, commercial information and know-how.
  • Users accept, declare and undertake that they will act in accordance with the rules regarding the use of Rhow Tekstil Anonim Şti.'s Brand and Logo.

9.2. Force Majeure

Force majeure shall be deemed as events such as war, rebellion, civil unrest, fire, sea incidents, floods, hurricanes, eruptions, earthquakes and other natural disasters that will render the delivery or purchase impossible, loss of products or damage beyond their use, strikes, lockouts and decisions taken by the government, official authorities or courts that will partially or completely eliminate or change working, operating, purchasing and selling opportunities, events that occur beyond the control of the parties that will supply the products and for which it is impossible for them to foresee and take precautions.

In the event of force majeure, neither party can be held responsible for not fulfilling and/or delaying the obligations they have committed under this contract. However, force majeure shall not constitute a reason for the suspension of payment of SELLER's receivables that have become due and the receivables shall be paid on due date. In the event of force majeure, the other party shall be notified verbally as soon as possible and/or in writing within 7 calendar days.

9.3. Termination of the Contract

This User Agreement shall remain in force as long as the User is a member of the Site and shall continue to have provisions and consequences between the parties; it shall be deemed to have ended in the event that the User's membership period expires or his/her membership is temporarily or permanently suspended. Rhow Tekstil Anonim Şti. may terminate the User Agreement unilaterally without any time requirement in the event that the Users violate this User Agreement and/or similar rules regarding usage, membership and services on the Site, and particularly in the following cases, and the Users shall be obliged to compensate all damages suffered by Rhow Tekstil Anonim Şti. due to termination:

  • The User's behavior that will manipulate the operation of the Site by using any method,
  • The User transfers the User profile created for his/her company in the corporate section to someone else or makes it available for use,
  • The User commits acts that violate and/or pose a risk of violating the rights of third parties,

9.4. Applicable Law and Jurisdiction

Turkish Law shall be applied in the implementation, interpretation and management of legal relations arising from this User Agreement. Istanbul (Central) Courts, Enforcement Offices and Consumer Arbitration Committees located at the place of residence of the Buyer and Seller within the monetary limits determined within the framework of the legislation shall have jurisdiction in the resolution of any disputes arising or that may arise from this User Agreement.