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Membership Agreement

MEMBERSHIP AGREEMENT

This Membership Agreement(“Agreement”) is entered into between D-Market Elektronik Hizmetler ve Tic. AŞ. (“Hepsiburada” or “We”) and internet user who is a member of www.hepsiburada.com (“Member” or “You”)

These ("Terms & Conditions") govern your membership on and use of the website of Hepsiburada.com (the "Hepsiburada Site" or the "Site") and your purchases and use of products available through the Site. The Site is operated by Hepsiburada and/or its subsidiaries and affiliates (collectively referred as "Hepsiburada"). Hepsiburada reserves the right to modify, update and terminate the content of the website and services provided to members in any time or delete member’s registered information and data.

Your use of the Site constitutes your agreement to follow and be bound by the Terms & Conditions.  We reserve the right to update, revoke or modify the Terms & Conditions of this Agreement at any time without prior notice. For this reason, we encourage you to review the Terms & Conditions whenever you visit the Site. 

Terms & Conditions

By establishing membership on the Site or purchasing or using products through the Site, you acknowledge and agree as follows:

  1. GENERAL
    You represent that you are (a) at least 18 years of age, (b) of legal age to form a binding contract, and (3) not a person barred from entering into contracts under your local jurisdiction.
    You shall establish and use your membership on the Site, and purchase and use the products available through the Hepsiburada Site, in strict compliance with these Terms & Conditions and all applicable laws, rules and regulations (collectively, "Laws").  All calls, emails and other communications between you and Hepsiburada may be recorded. The member agrees and undertakes to comply with the provisions of the legal legislation and not to infringe related legislation while using the web site. Otherwise, you shall be responsible for all legal and penal obligations.

  1. HEPSIBURADA MEMBERSHIP

  • Establishing a Membership

You may establish membership on the Site. Enrolment requires you to (1) indicate agreement to these Terms & Conditions, (2) provide contact information and identification details, and (3) submit any other form of authentication as required by Hepsiburada as part of the enrolment process. You agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your account and password, and for restricting access to your account. Otherwise, you shall not claim any compensation and other claims arising from such unauthorized use from Hepsiburada.

  • Use of Membership

You shall not use your Hepsiburada membership for any fraudulent or improper purpose or any purpose that is competitive to Hepsiburada.  You shall notify Hepsiburada immediately by emailing [support-arabia@hepsiburada.com] of any unauthorized use of your Hepsiburada membership or the Hepsiburada Site known to you.  Hepsiburada reserves the right to refuse or cancel any person’s registration for this Site, remove any person from this Site and prohibit any person from using this Site for any reason whatsoever, and to limit or terminate your access to or use of the Site at any time without notice. Hepsiburada neither warrants nor represents that your use of the content available on this Site will not infringe rights of third parties not affiliated with Hepsiburada. Termination of your access or use will not waive or affect any other right or relief to which Hepsiburada may be entitled.

  • Membership Termination

Hepsiburada may terminate your membership and refuse any and all current or future use of the Site (a) in order to comply with applicable Law, (b) if you provide any information that Hepsiburada determines, in its sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete), (c) if Hepsiburada determines, in its sole discretion, that you are using your Hepsiburada membership in a manner not permitted by these Terms & Conditions, or (d) in other circumstances, as Hepsiburada deems appropriate in its sole discretion.

  1. PURCHASES

    • Minimum Order Value 
      We have a minimum order value policy in place. The minimum order value varies depending on the country you order from.

    • Order Processing

    • Hepsiburada also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. Hepsiburada will either not charge you or refund the charges for orders that we do not process or cancel.

    • Order cancelation

         The customer has the ability to cancel his order as long as it is not delivered but shipping charges will be deducted from the refund amount if it is a prepaid order in case cancelation happened after dispatching the order to the customer.

      

  • Return Policy
    Hepsiburada accepts returns on certain merchandise on a case-by-case basis. For Hepsiburada’s Return Policy, which may change from time to time, please see return policy on the website.

  • Pricing Information
    Hepsiburada strives to provide accurate pricing information regarding the products and services available on the Hepsiburada Site.  We cannot, however, insure against pricing errors.  Hepsiburada reserves the right, at its sole discretion, not to process or to cancel any orders placed for a product or service whose price was incorrectly posted on the Site as a result of an error.  If this occurs, Hepsiburada will notify you by email.  In addition, Hepsiburada reserves the right, at its sole discretion, to correct any error in the stated full retail price.

  • Product Availability
    The Hepsiburada Site may contain information regarding the availability of merchandise. This information can be used to estimate the likelihood that an item will be shipped immediately after you place your order.  Unfortunately, Hepsiburada cannot guarantee that an item listed as available will actually ship right away, as inventory can change significantly from day-to-day. 

  • Shipping and Tax
    Shipping and taxes will be calculated based on the country and method of delivery and indicated at the time of checkout.

  • Customer will pay shipping fees as specified on the website at the time of checkout

  • The delivery shall be delivered by hand through the contracted cargo company at the address of the BUYER mentioned above. Even if it is not present at the address of the BUYER at the time of delivery, our company will be considered to have fulfilled its performance fully and completely. Therefore, the SELLER shall not be liable for damages and expenses resulting from the late receipt and/or non-receipt of the product by the BUYER. The SELLER is responsible for the delivery of the product subject to the contract in full, in accordance with the qualifications specified in the order and with the warranty documents and user manuals, if any.

 

  1. WEBSITE TERMS OF USE

    • License and Site Access
      All content available through this Site (including without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Hepsiburada, its licensors or its content providers, and is protected by copyright, trademark and other applicable Turkish and foreign laws.
      Hepsiburada grants you a limited license to access and make personal use of this Site. Hepsiburada or its licensors or content providers retain full and complete title to the content available on the Site, including all associated intellectual property rights, and provide this content to you under a license that is revocable at any time in Hepsiburada’s sole discretion. 
      You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges).  Any unauthorized access to the Site by you (including any such access or use that involves in any way an account you may establish on the Site or any device you may use to access the Site) shall terminate the permission or license granted to you by Hepsiburada.

 

  • Content You Submit Through the Site
    Your submission of personal information through the Site is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Site (the "Privacy Policy"). The Terms & Conditions incorporates by reference the terms and conditions of the Privacy Policy.  You grant Hepsiburada a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content or any part of such content, in any media.  You hereby represent, warrant and covenant that any content you provide does not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant such a license to Hepsiburada.
    You represent that all of the information, data and other materials you provide on this Site or to Hepsiburada through any other means are true, accurate, current and complete. You are responsible for updating and correcting the information you have provided on this Site, as appropriate. You are responsible to Hepsiburada for any damage that occurs due to the inaccurate information you have provided.
    You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content.  Some features that may be available on this Site may require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.

 

Member agrees and undertakes that not to reach or use other internet users’ software and data without permission. Otherwise, all damages and expenses arising from unauthorized use belong to the member.

  • Disclaimers
    Except as otherwise expressly provided in these Terms & Conditions, or required by applicable law, Hepsiburada makes no representations, covenants or warranties and offers no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of Hepsiburada membership, any content on the Site, or any products purchased through the Hepsiburada site, as well as warranties implied from a course of performance or course of dealing.
    Your use of this Site is at your sole risk.  The Site is provided on an "as is" and "as available" basis.  We reserve the right to restrict or terminate your access to the site or any feature or part thereof at any time.  Hepsiburada disclaims any warranties that access to the Site will be uninterrupted or error-free; that the Site will be secure; that the Site or the server that makes the site available will be virus-free; or that information on the site will be correct, accurate, adequate, useful, timely, reliable or otherwise complete.  If you download any content from this Site, you do so at your own discretion and risk.  You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content.  No advice or information obtained by you from the Site shall create any warranty of any kind.

 

LIMITATION OF LIABILITY
The providers whose products are available on the Hepsiburada Site are independent contractors and not agents or employees of Hepsiburada.  Hepsiburada is not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any such service providers or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
You acknowledge and agree that you assume full responsibility for your use of the site and/or for use of the Hepsiburada membership, communications with third parties, and purchase and use of the products and services available through the Hepsiburada Site. Member shall not use the website in any way to disrupt the public order, contrary to the general morality, uncomfortable and harassing for others, for an unlawful purpose, to infringe the intellectual and copyright of others. In addition, the member shall not engage in any activity (spam, virus, trojan horse, etc.) that may prevent or complicate the use of services by others. Opinions which are stated, used, written by the members on the website are completely the personal opinions of the members and these opinions are binding for the members. These views and thoughts have no interest and connection with Hepsiburada. Hepsiburada has no responsibility for any damages incurred by the third parties due to the member’s views and thoughts. Also, Hepsiburada has no responsibility for any damages incurred by the member due to the third party’s views and thoughts. You acknowledge and agree that any information you send or receive during your membership and/or use of the site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the site is at your own risk and that the site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law (including, without limitation, consumer protection law), neither Hepsiburada nor its licensors, suppliers or third party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special, consequential or other damages arising out of or in any way related to (a) this Site, or any other Site or resource you access through a link from this Site; (b) any action we take or fail to take as a result of communications you send to us; (c) your Hepsiburada membership, any termination or cancelation of your membership; (d) any products or services made available or purchased through the Hepsiburada site, including any damages or injury arising from any use of such products; (d) any delay or inability to use the Site or any information, products or services advertised in or obtained through the Site; or (e) the modification, removal or deletion of any content submitted or posted on the Site

  1. INDEMNITIES
    You agree to defend, indemnify and hold Hepsiburada harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the Terms & Conditions.

  2. ELECTRONIC COMMUNICATIONS
    When you use the Site or send emails to Hepsiburada, you are communicating with Hepsiburada electronically. You consent to receive electronically any communications related to your use of this Site.  Hepsiburada will communicate with you by email or by posting notices on this Site.  You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.  All notices from Hepsiburada intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on any of the Hepsiburada Site.

Member agrees and undertakes that he/she allows to be presented the promotion of products and services, advertisements, special offers, questionnaires and other customer satisfaction applications by Hepsiburada or its affiliates within the scope of regulation which is in force or will be in force in Turkey.

 

  1. ENTIRE AGREEMENT
    These Terms & Conditions constitute the entire agreement of between you and Hepsiburada regarding the specific matters herein, and all prior agreements, letters, proposals, discussions and other documents regarding the matters herein are superseded and merged into these Terms & Conditions.

  2. SEVERABILITY
    If any provision of these Terms & Conditions shall be invalid, illegal or unenforceable in any respect, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and such provision shall be deemed to be restated to reflect the parties’ original intentions as nearly as possible in accordance with applicable laws.

  3. PRIVACY POLICY
    A copy of the Privacy Policy that applies to the collection, use, disclosure and other processing of personal information by Hepsiburada is located at http://Hepsiburada.com/privacy. You consent to any personal information we may obtain about you (either via the Site, by email, telephone or any other means) being collected, stored and otherwise processed in accordance with the terms of the Privacy Policy.  Hepsiburada may update its Privacy Policy from time to time, in its sole discretion, and post an updated version of the notice at the website address provided above.

  4. WAIVERS
    The failure of Hepsiburada to act with respect to a breach of these Terms & Conditions by you or others does not waive Hepsiburada’s right to act with respect to subsequent or similar breaches.  If any content on this Site, or your use of the Site, is contrary to the laws of the place where you are when you access it, the Site is not intended for you, and we ask you not to use the Site.  You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

  5. Consumers ‘complaints and objections: If you have any complaints about the product and/or your order, you can send your complaints to the SELLER via the contact details mentioned above or the contact information on the website www.hepsiburada.com. Your complaint applications will be immediately recorded, evaluated by the authorized units and will be resolved and will be returned to you as soon as possible. In case of disputes regarding this contract; Turkish Courts are authorized; the law to be applied is Turkish Law.

including in disputes arising in connection Work under this Agreement in the Republic of Turkey limits, each year the Customs and for disputes up to the value declared by the Ministry of Commerce where the CONSUMER process or the Provincial or District is located CONSUMER residence Arbitration Committee for Consumer, whereas in the conflict over the said value Consumer Courts shall be authorized where the CONSUMER transaction is carried out or where the CONSUMER residence is located.




  1. APPLICABLE LAW
    These Terms & Conditions and the relationship between you and Hepsiburada will be governed by the laws of Turkey.