Information on the Membership Agreement:
This Membership Agreement governs the rights and obligations of the parties concerning the creation and use of a membership account on the website at www.ekmas.com.tr and use of the services offered within the scope of membership.
1. PARTIES AND SUBJECT MATTER OF THE AGREEMENT
This Agreement is concluded electronically between EKMAŞ GIDA MAKİNALARI SAN. VE TİC. LTD. ŞTİ. (“EKMAŞ”) and the natural or legal person who creates a membership account on the SITE (“Member”).
2. MEMBERSHIP AND ACCOUNT SECURITY
2.1 The Member accepts that the information provided during registration is accurate, complete and up to date and that the Member will not unlawfully use identity or contact information belonging to another person.
2.2 The membership account is personal to the individual or legal entity in whose name it is created. The Member is responsible for keeping passwords and account information confidential and for notifying EKMAŞ without delay upon becoming aware of any unauthorised use of the account.
2.3 Creating a membership account does not mean that consent has been given to receive commercial electronic communications for advertising or marketing purposes, nor does it constitute explicit consent for personal-data processing activities requiring explicit consent. Any required approvals and explicit consents are obtained separately.
3. SCOPE OF SERVICES
3.1 Services offered through the SITE may include creating and managing a user account, viewing products, placing orders, tracking order and delivery processes and using e-commerce services.
3.2 Rights and obligations relating to distance sales, pre-contract information, payment, delivery, withdrawal and returns are governed, where an order is placed, by the separately provided Pre-Contract Information Form, Distance Sales Agreement and other relevant texts.
4. RULES OF USE
4.1 The Member may not use the SITE for purposes contrary to law, good faith, public morality or the rights of third parties, nor engage in conduct that disrupts the operation of the SITE, compromises its security or attempts unauthorised access.
4.2 If the Member uses the SITE in breach of this Agreement or applicable law, EKMAŞ may, depending on the nature of the breach, take necessary security measures, restrict access to the relevant feature, temporarily suspend the account or terminate membership where there is a justified reason. Mandatory consumer rights remain reserved.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
5.1 Intellectual and industrial property rights in trademarks, trade names, logos, designs, texts, images, software, databases and other content on the SITE, unless expressly indicated as belonging to third parties, belong to EKMAŞ or the relevant right holders.
5.2 Membership does not transfer these rights to the Member or grant a general licence over them. Except for personal-use cases permitted by law, content may not be used for commercial purposes without the permission of the right holder.
6. LIABILITY
6.1 EKMAŞ takes reasonable technical and administrative measures to ensure the secure and orderly operation of the website. Liability for interruptions or disruptions arising from internet infrastructure, third-party services, force majeure or matters beyond EKMAŞ’s reasonable control shall be determined under applicable law.
6.2 Nothing in this Agreement may be interpreted as excluding or limiting EKMAŞ’s liability arising from intent or gross negligence or the mandatory rights of consumers under applicable law.
7. PERSONAL DATA, COOKIES AND COMMERCIAL ELECTRONIC COMMUNICATIONS
7.1 The Member’s personal data are processed under the Turkish Personal Data Protection Law No. 6698 (KVKK) and related legislation, within the purposes, legal bases, collection methods and transfer conditions described in the KVKK Privacy Notice provided by EKMAŞ.
7.2 Acceptance of this Agreement does not replace explicit consent or consent to commercial electronic communications. Non-essential analytics and marketing cookies are operated based on user preferences.
8. AMENDMENTS TO THE AGREEMENT
8.1 EKMAŞ may amend this Agreement in the event of changes in legislation, technical or functional development of the service, security requirements or a justified business need.
8.2 Material changes that may have an adverse effect on the Member shall be notified by an appropriate method before they enter into force. Changes shall not apply retroactively and may not be interpreted so as to create an unfair term against the consumer.
9. TERMINATION OF MEMBERSHIP
9.1 The Member may request termination of membership through the methods made available in the account or through EKMAŞ’s communication channels.
9.2 Termination of membership does not eliminate obligations arising from completed orders, ongoing return/warranty processes, statutory retention obligations or rights and debts that arose before the date of termination.
10. GOVERNING LAW AND DISPUTES
10.1 This Agreement is governed by Turkish law.
10.2 In disputes where the Member qualifies as a consumer, the rules on jurisdiction and competence of Consumer Arbitration Committees and Consumer Courts shall apply within the monetary thresholds and jurisdictional rules in force; provisions on mandatory mediation are reserved for disputes subject to mediation as a condition of action.
10.3 For transactions entered into for commercial or professional purposes in which the Member does not qualify as a consumer, jurisdiction and venue shall be determined in accordance with mandatory applicable law.
11. ENTRY INTO FORCE
This Agreement enters into force when the Member accepts it electronically during the registration process.