Membership Agreement

 

 1. Parties

 

1.1 The headquarters of this membership agreement ("Membership Agreement") is located at MAHMUTBEY MAH. 2414. SK. NO: 5 İÇ KAPI NO: 125 BAĞCILAR / İSTANBUL, the headquarters of Hudhud Shop HUDHUD SHOP TEKSTİL VE GIDA TİCARET LİMİTED ŞİRKETİ. The agreement is made between "Hudhud Shop" and the member ("Member") to determine the terms of the member's use of the services provided by Hudhud Shop on the website.

 

1.2 Hudhud Shop and the Member will be individually referred to as "Party" and collectively as "Parties" in this Membership Agreement.

 

 2. Definitions

 

- Cookie Policy: The text available on the website that contains information about the cookies used to ensure the functional operation of the website, improve the shopping experience for members, and provide content suitable for the members' preferences based on their visits to the website.

 

- Privacy Policy and Personal Data Protection: The text that governs the general privacy policy of Hudhud Shop regarding personal data. It includes how Hudhud Shop uses the personal data of members and can be accessed via the website.

 

- My Account Page: The member's page that can only be accessed using the username and password determined by the member, where the member can perform the necessary actions to benefit from various applications and services on the website.

 

- Service: The services and applications provided by Hudhud Shop or the business partner designated by Hudhud Shop to enable members and visitors to perform the specified actions in this Membership Agreement.

 

- Virtual Store: The virtual space allocated to sellers on the website to publish their advertisements for selling one or more products and/or offering their services.

 

- Seller: The legal/real member who becomes a member of the website within the scope of the seller partnership and advertising agreement with Hudhud Shop and offers products and/or services for sale through the advertisements they publish on the website.

 

- Member: The real person who becomes a member of the website within the scope of this Membership Agreement and purchases products and/or services offered for sale by sellers on the website.

 

- Website: The website and mobile applications under the domain name www.hudhudshop.com owned by Hudhud Shop.

 

- Visitor: The real person who uses the website without being a member and benefits from the services offered on it.

 

 3. Scope and Purpose of the Membership Agreement

 

3.1 Hudhud Shop operates the website and is an intermediary service provider according to the Law on the Regulation of Electronic Commerce No. 6563.

 

3.2 The member wishes to become a member of the website, benefit from the services offered, and purchase products and/or services sold by sellers in the virtual stores on this platform.

 

3.3 The purpose of the Membership Agreement is to determine the terms of benefiting from the services and the rights and obligations of the parties. By accepting the Membership Agreement, the member declares that they have accepted all data related to the services, usage, content, and applications on the website.

 

3.4 The Membership Agreement only covers the relationship between the parties and the form and conditions of the services offered or to be offered on the website. It does not cover the relationship between members and sellers. Members can claim their rights against sellers under the applicable legislation.

 

 4. Rights and Obligations of the Parties

 

4.1 To obtain membership status, the Membership Agreement must be accepted, and the required information must be filled in on the membership page with accurate and updated information. The user must be over 18 years old.

 

4.2 In case of a dispute about the rights and obligations of the membership, Hudhud Shop acknowledges that the last person who paid for any service using the relevant membership account is the owner of the account and has the right to perform actions.

 

4.3 Hudhud Shop is not a seller of any product or service on the website but is an "intermediary service provider" according to the Law on the Regulation of Electronic Commerce No. 6563 and a "host provider" according to the Law No. 5651.

 

4.4 The member accepts and declares that in distance sales contracts, the seller is the selling party, and the member is the buying party, and Hudhud Shop is not a party to these contracts.

 

4.5 The member agrees to act in accordance with the provisions of this Membership Agreement, all terms set forth on the website, applicable legislation, and ethical rules in their transactions and correspondence on the website.

 

4.6 Hudhud Shop, upon request from competent authorities and in accordance with current legislation, may share the member's information with these authorities.

 

4.7 Hudhud Shop may send personal data obtained from members during membership and/or shopping on the website to other members and/or sellers in the event of disputes arising from fraud, misuse of the website, between members and/or sellers, and which may constitute a crime as defined in the Turkish Commercial Code No. 6100.

 

4.8 The information needed to access the My Account page and perform transactions on the website is created by the member, who is fully responsible for the security and confidentiality of this information.

 

4.9 The member shall not use the website in an illegal or unethical manner, including but not limited to:

 

- Using the website to create a database or record on behalf of any person.

- Using the website for disruption, alteration, or reverse engineering.

- Conducting transactions using false information or information of another person.

- Publishing a virus or any other harmful technology on the website.

- Collecting information about members or sellers without their consent.

- Engaging in activities causing unreasonable or disproportionately large loads on the website's communications and technical systems.

 

4.10 The member undertakes to take all necessary measures to prevent any software or other content provided to the website from containing any harmful software.

 

 5. Termination of the Agreement

 

5.1 Either party may terminate this Membership Agreement unilaterally at any time without compensation. The parties must fully fulfill their rights and obligations until the termination date.

 

5.2 Hudhud Shop reserves the right to suspend or terminate membership and take legal action if it discovers that the member has violated any provision of this Membership Agreement.

 

 6. Privacy and Personal Data Protection

 

6.1 Hudhud Shop values the processing, security, and protection of personal data provided by the member through the website in accordance with the Personal Data Protection Law No. 6698.

 

6.2 Hudhud Shop collects, stores, and processes personal data provided by the member in accordance with the Privacy Policy and Personal Data Protection Policy and the Cookie Policy.

 

 7. Intellectual Property Rights

 

All intellectual property rights of the Hudhud Shop brand, logo, domain name for the mobile application Hudhud Shopazar.com, website design and software, and all other content created by Hudhud Shop belong to Hudhud Shop. The member may not use, share, distribute, display, reproduce, or create derivative works from Hudhud Shop's intellectual property rights without permission from Hudhud Shop.

 

 8. Contract Changes

 

Hudhud Shop reserves the right to change this Membership Agreement and all policies, terms, and conditions, including the Privacy Policy and Personal Data Protection Policy and the Cookie Policy, at any time by posting them on the website. The amended provisions become effective from the date of their announcement on the website.

 

 9. Force Majeure

 

In cases of events beyond control such as natural disasters, wars, cyber-attacks, technical failures, etc., Hudhud Shop cannot be held responsible for not fulfilling its obligations and this cannot be considered a violation of this Membership Agreement.

 

 10. Miscellaneous Provisions

 

10.1 Proof Agreement: In case of disputes, the member agrees that Hudhud Shop's official records and electronic records will constitute binding, final, and exclusive evidence.

 

10.2 Applicable Law and Dispute Resolution: This Membership Agreement is subject to the laws of the Republic of Turkey. Any dispute arising from this Membership Agreement will be subject to the exclusive jurisdiction of the central courts and enforcement offices in Istanbul (Çağlayan).

 

10.3 Notification: Hudhud Shop will communicate with the member via the email address or phone number provided during registration.

 

10.4 Entire Agreement and Severability: This Membership Agreement constitutes the entire agreement between the parties. If any provision is found invalid or unenforceable, the remaining provisions will remain in effect.

 

10.5 Assignment of the Membership Agreement: The member may not assign their rights or obligations under this Membership Agreement without the prior written consent of Hudhud Shop.

 

10.6 Amendment and Waiver: The failure of a party to exercise a right does not constitute a waiver of that right.

 

11. Delivery Fees, Options, and Times*

 

11.1 Delivery Fees: Delivery fees vary depending on the seller and the delivery service provider. The applicable delivery fee for each order will be displayed at checkout before the order is finalized. Members are responsible for paying the delivery fee as stated at the time of purchase.

 

11.2 Delivery Options: The available delivery options depend on the seller and the destination of the order. Typical options include standard delivery, express delivery, and same-day delivery, where applicable. The specific delivery options for each product will be shown during the checkout process.

 

11.3 Average Delivery Time: Average delivery times vary by seller and delivery option chosen. Standard delivery typically takes between 3-7 business days, while express delivery options may take 1-3 business days. Same-day delivery, if available, will be fulfilled on the same day the order is placed. Members will be informed of the estimated delivery time for their order during checkout.

 

As Hudhud Shop operates as a marketplace, the exact delivery fees, options, and times are determined by the individual sellers and their respective delivery service providers. Members are encouraged to review the specific delivery terms provided by each seller before completing their purchase.

 

11. Order Cancellation Policy*

Customers can cancel their order at any stage before the order status changes to "shipped." After the status changes to "shipped," customers must wait to receive the order and then request a return or refuse the delivery when the courier arrives.

 

If a cancellation request is made for an order paid by bank card, the refunded amount will be processed through the approved payment gateway within 2-7 business days.

By signing this agreement, the member acknowledges that they have read, understood, and accepted all terms and conditions in an electronic environment