Safe Payment

MEMBERSHIP AGREEMENT

1. PARTIES

This membership agreement (“Agreement”) has been mutually accepted and entered into force with the electronic approval of the “Member” while becoming a member of Optifabrik Gözlük San ve Ticaret AŞ (hereinafter referred to as “Optifabrik” or “the company”), headquartered in Merkez Mahallesi, Salih Paşa Cd No:26 Kat:1, 34245 Gaziosmanpaşa / İstanbul / TURKEY, and www.tomsteddy.com or optifabrik.com (hereinafter referred to as the “site”) owned by Optifabrik and all sites within the company.

The Member accepts, declares and undertakes that he/she has read the entire Membership Agreement, understood its content in its entirety and approved all its provisions with the electronic approval he/she gave while becoming a member of the Site.

2. SUBJECT OF THE AGREEMENT

2.1. The subject of the Membership Agreement is the determination of the Services offered on the Site, the conditions for benefiting from these Services, and the rights and obligations of the parties.

2.2. The scope of the Membership Agreement is this Agreement and its annexes, as well as all warnings, writings, and explanations made by the seller regarding the use, membership, and Services within the Site. By accepting the provisions of the Membership Agreement, the Member accepts, declares, and undertakes that he/she has read, understood, and is bound by the Site Terms of Use, Disclosure Text, Personal Data Protection Policy, and Cookie Policy within the Site. The Member accepts, declares, and undertakes that he/she will act in accordance with all matters specified in the aforementioned declarations.

2.3. The Company operates the online electronic commerce platform www.tomsteddy.com and is the seller of the products or services on the Site.

RIGHTS AND LIABILITIES OF 3RD PARTIES

3.1. The Member acknowledges and undertakes that the personal and other information provided while becoming a member of the Site is correct before the law, that he/she is over 18 years of age and of legal age, and that the Company will compensate for all damages it may incur due to the inaccuracy of this information.

3.2. The Member cannot give the password given to him/her by the Site to other persons or organizations, and the Member has the right to use the said password. The Member accepts that he/she is responsible for the confidentiality of the username and password. The Company reserves all rights to claim compensation and other claims arising from the unauthorized use of the Site against all liabilities that may arise for this reason and all claims and demands that may be brought against the Company by third parties or authorized authorities.

3.3. When the Member uses a credit card to pay for a product purchased through the Site, the Member accepts and agrees that the credit card number, expiration date of the credit card, CVV2 code and similar information must be shared with banks. Card information is never stored on the company servers.

3.4. The Member accepts, declares and undertakes that in online payment methods and transactions requiring the use of a credit card or bank card through the Site, the Member will make transactions with the consent of the credit card or bank card owner; otherwise, he/she will be solely responsible for all kinds of expenses and damages, including attorney fees, that may arise from payment refunds, non-performance of the service or similar reasons, and will hold the Company harmless from all kinds of claims that may arise from these.

3.5. The Member accepts and undertakes to comply with the provisions of the legal legislation and not to violate them while using the Site. Otherwise, all legal and criminal liabilities that may arise will be completely and exclusively binding on the Member.

3.6. The member may not use the Site in any way that disrupts public order, is against general morality, disturbs and harasses others, for an illegal purpose, or infringes on the intellectual and copyrights of others. In addition, the member may not engage in any activities or transactions that prevent or make it difficult for others to use the services (spam, virus, trojan horse, etc.).

3.7. The ideas and thoughts declared, written and used by members on the Site are entirely the members’ own personal opinions and bind the owner of the opinion. These opinions and thoughts have no relation or connection with the Company. The Company has no responsibility for any damages that third parties may suffer due to the ideas and opinions expressed by the member or for any damages that the member may suffer due to the ideas and opinions expressed by third parties.

3.8. The Company shall not be responsible for unauthorized reading of member data and damages that may occur to member software and data. The Member has agreed in advance not to claim compensation from the Company for any damages that may be suffered due to the use of the Site.

3.9. The Member has agreed not to access or use the software and data of other Members without permission. Otherwise, the legal and criminal liabilities arising from this shall be entirely the responsibility of the Member.

3.10. The Company may change the terms of the membership agreement at any time without any prior notice and/or warning in any form.

It may update, amend or cancel. Any provision that is changed, updated or repealed shall be effective for all members on the date of publication.

3.11. The Company always has the right to unilaterally delete the membership of the member, delete the files, documents and information belonging to the customer when necessary. The Member accepts this disposition in advance. In this case, the Company has no responsibility.

3.12. All kinds of content, services and products on the Site are provided for the personal use of the Members. Their resale or use by the Members for their own commercial purposes is prohibited.

3.13. Access to the Site is provided temporarily, and the Company reserves the right to change the content of the Site at any time without prior notice, change or terminate any service provided to the Members or delete the Member information and data registered on the Site. Such changes shall become effective from the moment they are published on the Site. The Company is not responsible for the inability to access the Site at any time and for any reason, regardless of the duration.

3.14. The member who violates one or more of the articles listed in this membership agreement shall be personally and legally liable for this violation and shall hold the Company harmless from the legal and criminal consequences of these violations. In addition; if the incident is brought to the legal field due to this violation, the Company reserves the right to claim compensation from the member due to non-compliance with the membership agreement.

4. SALES

4.1. In orders placed through the Site, the provisions of the distance sales contract to be created with the order shall apply.

4.2. The Company always reserves the right to make changes to prices, products and services offered.

5. PROTECTION OF PERSONAL DATA

You can access which personal data we process for which purposes from the “Information Text” and the Personal Data Protection Policy. The Company attaches great importance to the privacy rights of its Members and the protection of their personal data.

6. SITE COOKIES

You can access detailed information about the cookies used on the Site by clicking on the “Cookie Policy” link.

7. CONFIDENTIAL INFORMATION

7.1. The personal information provided by the Members through the Site by the Company includes all kinds of information intended to identify the Member, such as the person’s name-surname, address, telephone number, mobile phone, e-mail address, and will be referred to as ‘Confidential Information’.

7.2. This information collected on the Company’s servers is used only within the Company in periodic campaign studies, the design of special promotional activities for customer profiles, and customer “classification” studies to prevent the transmission of unwanted e-mails.

7.3. The Company does not share the information collected from membership forms with third parties without the knowledge or instruction of the member in question, does not use it for commercial purposes for any reason other than its activities, and does not sell it.

7.4. The Company analyzes and interprets the visitor movements and preferences it monitors during the use of the Site, in addition to the personal information requested in the e-mail addresses and membership forms.

7.5. This statistical data, which does not contain personal information, can be shared with the Company’s business partners in order to provide a more special and effective shopping experience for Members.

7.6. Confidential Information can only be disclosed to official authorities if this information is requested by official authorities in due form and in cases where it is mandatory to make a statement to official authorities in accordance with the provisions of the mandatory legislation in force. Only the Member can access all the information that the Member enters into the system and only the Member can change this information. It is not possible for anyone else to access and change this information.

7.7. If you want to unsubscribe from our daily e-mail list at any time, you can easily unsubscribe from the e-bulletin subscription with a single click by clicking on the “Please click to unsubscribe from our message subscription list” link at the bottom of the e-mails we send.

8. ELECTRONIC COMMERCIAL MESSAGES

8.1The Company may send informative messages regarding orders, procured goods or services, the Site and membership system via the e-mail address provided by the Member during membership.

8.2.In addition, if the Member approves electronic commercial messages; the personal information provided by the Member, including name, surname, mobile phone number, e-mail address, may be used by the Company to send informative commercial electronic messages regarding advertisements, promotions, introductions, campaigns, etc. regarding the Company brand; commercial communication may be made through channels such as SMS, internet, e-mail, telephone, fax, etc., and the content of the commercial electronic message and other records regarding the sending may be recorded and processed to be submitted to the authorized authorities when necessary. If the Member does not wish to receive the relevant commercial electronic messages, the Member may withdraw this approval at any time (it is possible or obligatory to do so by law).

The communication continues). If the Member notifies the Company that he/she does not want to receive electronic commercial messages, the Company will stop sending electronic commercial messages within 3 (three) days.

9. INTELLECTUAL PROPERTY RIGHTS

9.1. All registered or unregistered intellectual property rights such as title, business name, brand, patent, logo, design, information and method on the 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 using the services on this Site does not grant any rights regarding the said intellectual property rights.

9.2. 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 website without permission.

9.3. If it is determined at the discretion of the Company that the Member has acted contrary to these regulations, the Company may immediately block the Member’s access to the Site. The Company reserves the right to resort to all legal and penal remedies, including the collection of all kinds of material and moral damages and all interest and ancillary rights in terms of intellectual property rights.

10. NO WARRANTY

The Company has taken measures within the available means to ensure that the Site is free from viruses and similar software. In addition, in order to ensure ultimate security, the Member must provide his/her own virus protection system and provide the necessary protection. In this context, by entering the Site, the Member is deemed to have accepted that he/she is responsible for all errors that may occur in his/her own software and operating systems and their direct or indirect consequences.

The services provided by the Company are provided on an “as is” and “as available” basis and no warranties of any kind, express or implied, statutory or otherwise, are made regarding the services or the application (including all information contained therein), including all implied warranties of merchantability, fitness for a particular purpose or non-infringement.

The Site may contain links (=links) to websites and/or applications operated by third parties that are not under the control of the Company. The presence of such links on the Site does not indicate that the Company approves these links and the Company is not responsible for the content or policies of the platforms accessed. The risks related to the use of these links are the Member’s own responsibility.

11. EVIDENCE AGREEMENT

The parties accept and declare that the books, records and documents belonging to the Company and the data stored in the Site system and member records will be taken as the sole and real exclusive evidence in accordance with Article 287 of the Civil Procedure Code and that the said records constitute an evidence agreement.

12. CHANGES TO BE MADE IN THE AGREEMENT

The Company may change the services offered on the site and the terms of this agreement partially or completely at any time. The changes will be valid from the date they are published on the site. It is the responsibility of the Member to follow the changes. The Member is deemed to have accepted these changes by continuing to benefit from the services offered.

13. NOTIFICATION

All notifications to be sent to the parties regarding this Agreement will be made through the Company’s known e-mail address and the e-mail address specified by the Member in the membership form. The Member accepts that the address specified during membership is the valid notification address, that in case of change, the Member will notify the other party in writing within 5 days, and that otherwise, the notifications to be made to this address will be deemed valid.

14. INTEGRITY AND APPLICABILITY OF THE CONTRACT

If one of the terms of this contract becomes partially or completely invalid, the rest of the contract will continue to be valid.

15. FORCE MAJEURE

If the obligations arising from the contract cannot be fulfilled by the parties due to reasons beyond the control of the Parties such as natural disasters, fire, explosions, civil wars, wars, riots, civil movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power outages (hereinafter collectively referred to as “Force Majeure”), the Parties are not responsible for this. During this period, the Parties’ rights and obligations arising from this Contract are suspended.

16. WAIVER

The Member’s violation of the provisions of this agreement and the Company’s failure to file a lawsuit cannot be interpreted as the Company waiving its rights.

16. TERMINATION OF THE AGREEMENT

This agreement shall remain in force until the Member cancels his/her membership or until his/her membership is cancelled by the Company. In the event that the Member violates any provision of the Membership Agreement, the Company may cancel the Member’s membership and terminate the Agreement unilaterally.

17. RESOLUTION OF DISPUTES

This “Membership Agreement” is subject to Turkish law. Istanbul Central Courts and Enforcement Offices are authorized in all disputes that may arise from the “Membership Agreement”.

18. ENFORCEMENT

The Member’s registration as a Member is subject to the Membership Agreement and the Member’s It means that the member has read all the articles and accepted the articles in the membership agreement. This Agreement is concluded and entered into force mutually at the time of membership.