User Agreement 

 

This User Agreement (“Agreement”) is accepted and signed by MOSART JEWELRY AND TRADE CO. LTD. (“Company”) located in Alemdar Mah. Çatalçeşme Sok. Muhtar Aykın Han No:19/1 Kat:1 Fatih/İstanbul/Türkiye(“Showroom”) for its website at mosartdiamond.com and the users (“User”) of the website and will be in effect upon the User’s Approval of the Agreement in electronic form.

 

Subject and Extent of the Agreement

The subject of this Agreement; is to outline the procedures and principles regarding the products, discounts, prices, photos, pictures, texts, videos, and other Content (together “Content”) accessed from the official Site given above and shared on the Site, determination of the terms and conditions to benefit from the services offered in the website and regulating the rights and obligations of the Parties in this sense.

 

All kinds of changes or amendments in rules, announcements, and statements made on the Site regarding the terms of use or use conditions for the Site shall be deemed as an integral part of this Agreement. Accordingly, with the approval of this Agreement, the User accepts in advance all changes to rules, announcements, warnings, and statements.

 

Rights and Liabilities of the Parties

2.1. The User accepts and declares that they know that they must approve this Agreement by providing the information requested by the Company in a thorough, accurate, and up-to-date manner to benefit from the Site. The Company may request additional information and documents from the User when necessary. Suppose the User enters the Site through any social media account. In that case, they accept that they give the Company the required authorizations and permissions to access the relevant account within the scope of this Agreement.

 

2.2. To fully benefit from the services submitted on the Site, any change in the information provided during the User account creation or at other times, the User shall immediately update the data in question. The Company will not be held responsible for the User’s inability to benefit from the Site due to incomplete, false, or out-of-date information.

 

2.3. The User declares that he has the legal capacity to conclude this Agreement. The User cannot transfer the created account, username, password, and membership profile to another user under any circumstances or allow its use by third parties.

 

2.4. The User is personally responsible for the use and management of all information, including the account, username, and password that allow the use of the Site. Every transaction performed with the User’s account, username, and password will be deemed to have been carried out by the User himself. The User will be solely responsible for the damages incurred by them and/or third parties due to the use, loss, or change of hands by a person other than the User. When the User becomes aware of the unauthorized use of their account and password or any other security breach, they shall immediately notify the Company of this situation.

 

2.5. The User will comply with this Agreement and the conditions that may be published on the Site from time to time, under the principles of law, morality, good manners, and honesty, regarding all User transactions performed on the Site. The User shall avoid the actions that may prevent the Site’s functioning by any method or infringe the rights of third parties.

 

2.6. All rights to the software, images, designs, texts, logos, and graphics on the Site belong exclusively to the Company. Copying the information and/or software used in the coding, design, Content, and database creation of the Site and/or using the Site beyond the shopping scope is strictly prohibited. In addition, Users (i) cannot take any action that may threaten the security of the Site, prevent the software of the Site from working or other Users from benefiting it, (ii) cannot place excessive load on the Site in such a way as to result in to prevent accessing or cannot attempt copying, deleting, modifying or accessing the information and Content published by the site owner and/or uploaded by others; (iii) cannot take actions that will threaten the general security of the Site and/or harm the Site, the Company and other Users; (iv) cannot use or try to use software that will prevent the Site and the software working, or disrupting the operation of all kinds of the Site, site hardware, and servers, causing them to malfunction, and cannot attempt reverse engineering, organizing attacks, overload or use other methods that may interfere with accessing the Company servers.

 

2.8. The Company highly regards the importance of the protection of Users’ data. It complies with the existing primary and secondary legal regulations on protecting personal data. The User can access detailed information on the processing procedures of their data collected while browsing the Site by the Company from the “Customer Clarification Text” on “Processing of Personal Data” available on the website [information text].

 

The regulations regarding the information and Content provided by the User are regulated under the Customer Clarification Text on the Processing of Personal Data, which is an annex and inseparable part of this Agreement. Accordingly, the Company will not use the User’s information outside the scope specified in this Agreement and the Customer Clarification Text on the Processing of Personal Data. It will not disclose any information to third parties.

 

2.9. The User agrees that access to the Site may be temporarily offline, at the Company’s initiative, to implement improvements and other changes to be made on the Site.

 

2.10. The Company bears the right to unilaterally change, add or renew the Company’s Customer Clarification Text on the Processing of Personal Data in the form of an annex to this Agreement and other conditions published on the Site, without giving any reason and without any notice, and to reorganize the Site. The Company reserves the right to change the subject, scope, and Content and stop publishing the Site. Changes made by the Company to the Agreement, the Customer Clarification Text Regarding the Processing of Personal Data, and other conditions will not be valid before publication on the Site. The User is deemed to have accepted the current conditions by using the Site. The User shall individually be responsible for the regular follow-up of the said updates and changes.

 

2.11. All kinds of legal, administrative, and penal responsibilities arising from the use of the Site and the realization of the related transactions through the Site, belong to the User. The Company cannot be held responsible in any way, directly and/or indirectly, for any damages incurred or to be incurred by third parties because of the User’s activities on the Site and/or during the transactions and/or illegal acts against this Agreement. All kinds of requests from third parties in this context, and the losses incurred by the Company due to the User’s failure to fulfill his obligations set forth in the Agreement or the relevant legislation, shall be recourse to the User, to be paid together with the other expenses at the first request.

 

2.12. The User accepts, understands, and declares that the products on the Site for sale are subject to the acceptance of a separate contract, that the products in the shopping cart are not spared for the User and the relevant stock is not kept until the purchase is completed, that the liabilities in the relevant Consumer Legislation are applied regarding the sales made through the Site.

 

2.13. In cases where the User provides services on the Site as an intermediary service provider, all kinds of objections, questions, problems, complaints, stocks, etc., regarding the goods and services offered through the Site and/or by the guidance of third parties, especially the Law No. 6502 on the Protection of Consumers. The User is the only addressee regarding the applications and disputes regarding the requests for the safe fulfillment of payment transactions, returns regarding the goods or services offered, defective goods or services claims, product/service return and exchange requests, and the Party offering the relevant product or service. The User accepts, understands, and declares that they know that the Company is not a party to transactions related to products and services offered by third parties, and that does not carry out any actions arising from the legislation in question.

 

Limitation of Liability

3.1. The Company is not liable for any direct or indirect damages by entering the Site, or damages that may arise on the information and other data on the Site, programs, etc. out of gross negligence, due to breach of the Agreement, tortious act, or other reasons, due to the use, use of the services or the Content shared on the Site. As a result of the breach of the Contract, tortious act, negligence, or other reasons; does not accept any responsibility for errors, omissions, deletion, loss, delay of the transaction or communication, computer virus, communication error, theft, destruction, unauthorized entry, modification, or use of records. The Company is deemed to be free from the damage and claim, including legal costs and other administrative costs that may arise because of accessing the Site or the sites that provide indirect links to the Site, using the Site, and the User’s visit and use of the Site.

 

3.2. ANY RISK REGARDING THE USER’S USE OF THE SITE, BENEFITING FROM THE SERVICES, OR BENEFITING FROM THE SHARED CONTENT SHALL BE ON THE USER CUMULATIVELY AND EXCLUSIVELY. THE USER MAY NOT PURSUE ANY REQUEST UNDER ANY NAME FROM THE COMPANY REGARDING THE SITE USE. THE COMPANY WILL NOT SHARE ANY RESPONSIBILITIES FOR THE SITE’S CONTENT, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, NAME, AND GOODWILL FROM THE USER’S RESULTS OF ACTIONS. THE SITE AND THE PRODUCTS, SERVICES, AND OTHER CONTENT PROVIDED THROUGH THE SITE ARE PROVIDED “AS IS,” AND THE COMPANY UNDERTAKES NO RESPONSIBILITY REGARDING THE ACCURACY, COMPLETENESS, AND RELIABILITY OF THE PRODUCTS SUBMITTED. THE COMPANY MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR NON-INFRINGEMENT UNDER THIS AGREEMENT.

 

3.3. The User accepts that links, files, or Content may be provided to other websites and/or platforms, that are not under the control of the Company to provide services belonging to third parties and to support the website or operator/service provider to which such links are directed, or to support the website or its Content. The User accepts and declares that the Company does not constitute any declaration or guarantee regarding the information. The Company has no responsibility for the platforms, websites, files, Content, services, or products accessed through the mentioned links or their Content.

 

3.4. The User accepts and declares the quality of the Site, and the access to the Content offered on the Site largely depends on the quality of the service provided by the relevant internet service provider. The Company has no responsibility for the problems arising from the quality of the service in question and the Site’s functioning is free from defects. They know that they may encounter technical difficulties or access barriers from time to time.

 

3.5. The User acknowledges and agrees that the Company does not guarantee that there will be no viruses, worms, or other attacks and unauthorized access to the Site, or that no information will be transferred to or from the Site.

 

Force Majeure

In all cases deemed force majeure, the Company cannot be held responsible for the late or incomplete performance, or non-performance of any of its obligations set out in this Agreement. In addition, incidents beyond the reasonable control of the relevant Party, including but not limited to natural disasters, riots, wars, strikes, lockouts, failures caused by telecommunications infrastructure, power outages and bad weather conditions, epidemics, pandemics, and emergencies will be interpreted as force majeure. During the force majeure, the actions of the Parties are suspended. Suppose the force majeure lasts longer than 1 (one) month. In that case, this Contract may be terminated by the compliant Party without the non-compliant approval.

 

Suspension, Transfer, and Termination of Contract

5.1. The User’s failure to comply with the provisions of this Agreement and the rules and conditions declared on the Site, the User’s activities on the Site, especially Content sharing activities, posing a risk in terms of legal, technical, or information security, or the personal data of third parties, and commercial rights, the Company may temporarily or permanently suspend the User’s use of the Site or terminate the Agreement. For this reason, the User cannot make any material or moral demands from the Company.

 

5.2. The Company may suspend or terminate the Site and/or this Agreement for a while or indefinitely.

 

5.3. The User shall not transfer this Agreement and/or the rights and obligations arising from the Agreement to third parties without the Company’s express written consent. The Company has the right to transfer this Agreement and the rights and obligations arising from the Agreement to third parties of its choosing.

 

Dispute Resolution

In all disputes concerning this Agreement, the provisions in this text shall be applied first, and Turkish law shall apply in cases where there is no provision. Istanbul Central (Çağlayan) Courts and Enforcement Offices will be authorized to resolve disputes arising from the implementation of the Agreement.