TERMS OF USE AND MEMBERSHIP AGREEMENT

("Agreement")

Parties

This Agreement has been concluded and entered into force by mutual acceptance between Mameks Tekstil Sanayi Pazarlama ve Dış Ticaret Limited Şirketi ("Mesele") and persons who create membership and purchase products via www.mesele.com.tr ("Platform"), which is operated and managed by Mesele, for the purpose of determining the conditions for membership on the Platform, the terms of use and the rights and obligations of the parties.

Object and Subject Matter of the Agreement

The object of the Agreement is the purchase of products and product groups sold via the Platform by Members in return for the sale price and the regulation of the rules, rights and obligations to be observed in this regard. The said rights and obligations are intended to ensure that the parties use the Platform with maximum efficiency and in a manner most suited to its purpose.

Terms of Use and Membership

Membership

Membership on the Platform requires the user to have attained the age of 18. Users may become members of the Platform by completing the information requested for membership in full and accurately. Following the submission of the membership information, the user will receive an SMS (or e-mail) verification code. Membership will be completed upon this code being entered on the Platform.
Mesele shall not be liable for any consequences, loss or claims for compensation arising from Members providing incomplete, incorrect or misleading information during membership. Where it is established that the information provided during membership is incomplete, incorrect or misleading, the relevant member's account may be suspended temporarily or indefinitely or the member may be removed from membership entirely, at Mesele's sole discretion.
Mesele may at any time unilaterally terminate this Agreement, remove Members from membership temporarily or indefinitely or put an end to members' use of the Platform, without giving any reason, without any notice and without any obligation to pay compensation, with immediate effect.

Terms of Use

Features of the Platform

The Platform has been prepared for the purpose of bringing together Members with products from various unique groups offered for sale by Mesele, with the story of each product being told. The Member follows the "Sign Up" step on the Platform and completes the membership stage by filling in the required membership information.
The Platform also offers the possibility of membership through purchase. Customers who follow the direct purchase steps have the opportunity to become members of the Platform by clicking on the "Sign Up" screen displayed at this stage and confirming this Agreement in electronic form.
Members may purchase products offered for sale on the Platform at any time via the Platform. They may also convey their requests, demands and suggestions to Mesele via the Platform on any matter on which they wish to communicate with Mesele. Where such communications contain violence, profanity, insult or obscenity, Mesele may, subject to all legal rights being reserved, suspend the user account temporarily or indefinitely, delete it and block access to the Platform.
The Iyzico payment system is used for purchases to be made via the Platform and as the card storage infrastructure. When a purchase is made, a confirmation SMS is sent to the telephone number registered on the Member's relevant payment instrument. Payment is completed when the code notified in the SMS is entered on the Platform. Members may opt to save card details during purchase and may quickly complete purchases on subsequent transactions using the same card information. In such case, the Member gives explicit consent and agrees to the processing of card information via the Platform and to its retention for the duration of membership or until a request is made for the deletion of card information. The Data Controller in respect of the information and personal data requested from the Member for the performance of the transaction during payment operations is İyzi Ödeme ve Elektronik Para Hizmetleri A.Ş. The Member accepts, declares and undertakes that the sole counterparty for any rights and claims he/she may have within the scope of this clause is İyzi Ödeme ve Elektronik Para Hizmetleri A.Ş. and that Mesele has no liability in this regard.
Members may not engage in any acts or statements on the Platform that are contrary to law, public morals or public order or that are of a political nature. Where any user makes any statement, conduct or act via the Platform directed at other users or Mesele that is contrary to applicable legislation, general morals and decency or that is obscene or of a political nature, Mesele has the right to apply to judicial authorities by way of complaint, criminal complaint, etc.
Mesele may provide links directing to websites and/or channels, files or content owned and operated by other third parties via the Platform. These links are those considered potentially beneficial to users within the scope of the Platform's activities and do not constitute a declaration or guarantee of any kind in respect of the website reached or the person operating the site or the information contained therein. Mesele has no obligation in respect of the portals, websites, files and content accessed via such links or the services, products or their content offered from the portals or websites accessed via such links.
The parties accept, declare and undertake that Mesele may at any time suspend the Platform and/or the memberships of Platform users temporarily or indefinitely without any obligation to pay compensation, terminate membership and block access to the Platform. Where Mesele establishes that the conditions set out in this Agreement or the provisions of applicable legislation have been violated, it may conduct the necessary investigation and inquiry and take all necessary actions including terminating membership. This is a right of Mesele but does not establish any obligation on Mesele.
All intellectual property rights, whether registered or unregistered, such as titles, trade names, marks, patents, logos, designs, information and methods on the Platform belong to Mesele or the relevant person indicated and are protected under national and international law. Visiting the Platform, becoming a member of the Platform and/or using the Platform's services does not establish any right for third parties other than Mesele in respect of such intellectual property rights.
The written and visual information, content, photographs, articles, texts and videos on the Platform may not in any way be reproduced, published, copied, presented and/or transmitted. Platform users accept, declare and undertake that they will not enter into direct and/or indirect competition with Mesele either through such acts or by other means. The Platform in whole or in part may not be used on other channels without Mesele's written consent. Otherwise, Mesele has the right to claim and collect all direct/indirect loss it may suffer as a result.
Mesele acts as "Data Controller" in respect of the personal data in the fields requested at the stage of membership on the Platform and enabling data sharing on the Platform within the scope of Law No. 6698 on the Protection of Personal Data, and has no liability in respect of personal data obtained during payment operations and/or shared, recorded, processed or retained by the Member on his/her own initiative. The Notice on the Processing of Personal Data, Privacy Policy, Cookie Policy and Distance Sales Contract published on the Platform form an integral part of these Terms of Use and Membership Agreement, and the explicit consent, approval and acceptance declarations given by the Member apply to each of them.
Promotional, advertising, marketing, satisfaction measurement and informational e-mails or messages may be sent by Mesele to Members and other Platform users. Users accept, declare and undertake that they have given their consent to the sending of all informational and promotional messages by Mesele on every channel where the Platform operates, including the mobile environment. Users have the right to make changes regarding the receipt of informational and promotional messages in the settings in their user account. Mesele's right to use user information in respect of members within the framework of the Law on Consumer Protection, the Regulation on Distance Contracts and the Regulation on Service Providers and Intermediary Service Providers in E-Commerce is reserved.
Mesele has the right to amend this Agreement and the texts forming an integral part thereof in whole or in part at any time without any obligation to give notice. Members and other Platform users and visitors accept, declare and undertake that they are obliged to check these texts at regular intervals and to inform themselves of any changes made.

Rights and Obligations of the Parties

Rights and Obligations of the Member

Members are obliged to enter the information requested from them when becoming members of the Platform in full, complete and accurate form. Otherwise, the Member is liable for any loss and disputes that may arise. Where it is established that the Member had not attained the age of 18 on the date of becoming a member of the Platform, membership may be terminated or suspended by Mesele. The Member is solely liable for any loss that may arise for this reason.
The Member declares that when becoming a member of the Platform he/she has read carefully, understood and accepted the Notice on the Processing of Personal Data, Privacy Policy, Cookie Policy and Distance Sales Contract, which form integral parts of the Agreement including this Agreement. The Member's creation of membership on the Platform signifies that the said texts have been accepted and approved.
The Member is responsible for determining and protecting the password and username when becoming a member of the Platform and is aware that this information must not be shared with third parties. Otherwise, the Member is directly liable for the misuse of the membership account by third parties due to his/her own fault. Mesele has the right to claim from the Member all loss it may suffer including any judicial/administrative fines and/or compensation it may be required to pay for this reason.
The Member accepts, declares and undertakes that he/she is solely liable for his/her acts and actions on the Platform vis-à-vis Mesele or other third parties, and that he/she will indemnify any loss suffered by Mesele due to his/her own acts without delay.
The Member accepts, declares and undertakes that his/her purchases and payment operations via the Platform are carried out by Iyzico, that all liability in respect of payment operations lies with Iyzico, that the sole counterparty for any dispute that may arise in this regard will be Iyzico and that he/she may not assert any right or claim against Mesele in this regard.
The Member accepts, declares and undertakes that he/she will act in accordance with this Agreement and the texts forming an integral part thereof when using the Platform, will not act in breach of the provisions of applicable legislation or moral and ethical rules, and that otherwise he/she will be solely liable for all rights and claims that may arise for this reason.
The Member accepts, declares and undertakes that the provisions and terms set out in the "Distance Sales Contract" and "Pre-Contractual Information Form" approved during the purchase process apply to all purchases made via the Platform, and that Mesele has the right to unilaterally terminate Platform membership in the event of breach of these terms, subject to all legal rights being reserved.

Term and Termination

The Agreement shall commence on the date on which membership on the Platform is established and shall remain in force until membership is terminated for any reason. Members accept that the Agreement is in force for as long as they have user accounts on the Platform. Mesele has the right to unilaterally terminate the Member's user account at any time without giving any reason.

Force Majeure

The parties shall not be liable for any delay or loss arising from the non-performance of obligations due to circumstances outside their control and/or the force majeure events set out in the law. Such circumstances shall not be deemed delay, partial non-performance, non-performance or default on the part of Mesele, and no claim for compensation may be made against Mesele in any capacity for such circumstances.

Miscellaneous Provisions

Failure to exercise any right arising from this Agreement within the time limit shall not mean that the right to use that right (in the relevant case and/or in subsequent similar or identical cases) has been waived.
The Member may not assign or transfer his/her rights and obligations or debts and receivables under this Agreement to any natural or legal third party without Mesele's prior written consent.
The parties have accepted the addresses specified in this Agreement as their addresses for service. Unless Members change the address information in their user accounts, service to the address existing on the Platform shall be deemed to have been made to the relevant Party. Service may be made through a notary or by e-mail sent to the e-mail addresses of the parties on the Platform.
If any clause of the Agreement is held invalid by reason of amendments or updates to applicable legislation or by a competent court for any reason, the other provisions shall not be affected by such invalidity. Mesele has the right to make unilaterally a new provision most appropriate to the situation in place of the invalidated clause.
The Notice on the Processing of Personal Data, Privacy Policy and Cookie Policy, which are annexes to this Agreement, form an integral part of the Agreement and this Agreement shall be construed and applied together with all its annexes. In the event of any conflict between this Agreement and the annexes, the provisions of the Agreement shall take precedence.

Confidentiality

The parties are obliged to keep confidential all information they obtain about each other during the receipt and provision of the services which are the subject of the Agreement. Mesele's confidentiality obligation arising from the relevant legislation and case law is set out in the Notice on the Processing of Personal Data and Privacy Policy, which form an integral part of this Agreement. The parties accept, declare and undertake that they have also given their approval and explicit consent to the said texts when approving the Agreement. The confidentiality obligation set out in this clause shall continue even after the Agreement has ended.

Resolution of Disputes and Applicable Law

In the event of any dispute between the parties arising from this Agreement, it is intended that the dispute be resolved primarily by peaceful means and through negotiation. Where the dispute cannot be resolved in this way, each of the parties has the right to apply to the judicial authorities set out in clause 12.2.
Istanbul Anadolu Courts and Execution Offices shall have jurisdiction over disputes arising from this Agreement.

Amendments may be made to these Terms of Use and Membership Agreement without any notice to users due to legislative changes, current case law and developments in court decisions and other reasons. We therefore recommend that the said text be reviewed and checked at regular intervals.

My Cart