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This Membership Agreement has been arranged between https://www.newbalance.com.tr/en (NBI Giyim A.Ş.) on the one hand, and the User who is a member of the Site on the other hand; for the purpose of the User becoming a member of the Site and at the moment of approval of the agreement by the User in the electronic platform where the relevant Site is located. By becoming a member of the Site, the User accepts, declares and undertakes that she/he has read the entire Membership Agreement, understands its content in its entirety and approves all its provisions.
The User: Refers to the real or legal person who is a member of the website named https://www.newbalance.com.tr/en and purchases the product or products offered for sale by the Site. The Product: Refers to the products which offered for sale on the website https://www.newbalance.com.tr/en under the roof of NBI GİYİM A.Ş. and the brands within NBI GİYİM A.Ş.The Site: Refers to the website consisting of the domain name which is https://www.newbalance.com.tr/en.
The subject of the Membership Agreement includes the products which offered by the Site, benefiting terms for the products and rights and obligations the parties.The content of the Membership Agreement includes all statements within this agreement such as warnings, statements and the declarations made by the Site regarding to use, membership, products and services on the Site. By accepting the provisions of this Membership Agreement, the user also accepts all kinds of statements made by newbalance.com.tr regarding to use, membership, products and services on the Site. The User accepts, declares and undertakes to act in accordance with all matters specified in the declarations in the statements.
a) This site referred to in this agreement is avaliable to everyone. In order to become a member of the Site, the mandatory fields of the membership form must be filled in completely. The user who requests membership, unconditionally accepts the accuracy of the informations transfered to this form. The User will have a password that he/she will set themself for become a member. The e-mail address provided during registration to the Site is unique to the User who becomes a member. Its not possible to have two different membership with the same e-mail address. The password only known to the User who registered for the membership. The User could change the password anytime they wants. Its the Users responsibility to select and protection of the password.
b)
https://www.newbalance.com.tr/en is absolutely not responsible for the problems caused by using the password. In order to connect to sevices that require Site membership, the user must enter the e-mail address and password that provided during registiration.
c) In the circumstances stated below, the Site management may prevent the use of the site by the user who is a member and reserves its legal rights against the person or persons involved in the following attempts:
- In the event that incorrect, disorderly, incomplete and misleading information including expressions that are incompatible with the general rules of morality and information that does not comply to the laws of the Republic of Turkey is recorded to the site.
- In the event that the Works and content on the site are copied in whole or in part, and used or attempted to be used for different purposes.
-In case of using software that threatens the general security of the site, preventing the operation of the site and the software which is used, performing, attempting to perform activities and obligating, deleting, changing information.
5. Rights and Obligations
5.1 Rights and Obligations of the User; User's Rights and Obligations
a) By purchasing the products on the site, The User accepts the terms of sale and procedures made by https://www.newbalance.com.tr/en within product description.
b) The User accepts, declares and undertakes that while fulfilling the membership procedures, benefiting from the service of the site and performing any transaction related to the services on the site, she/he will act in accordance with all the terms contained in the Membership Agreement, the rules specified in the relevant parts of the site and all applicable legislation and that she/he understands and approves all the terms and rules stated above.
c) The security, storage, keeping away from the knowledge of third parties and use of the system access tools (username, password, etc.) used by the Users in order to benefit from the Services offered by https://www.newbalance.com.tr/en are the sole responsibility of the Users. https://www.newbalance.com.tr/en does not have any direct or indirect liability for any damages suffered or may be suffered by Users and/or third parties due to all negligence and defects of Users in matters such as security, storage, keeping away from the knowledge of third parties and use of system access tools.
d) The User accepts, declares and undertakes that she/he will approve the preliminary information form and distance sales contract issued on the site based on they user information and the information they provides regarding the product subject to sale within the framework of the Law on Consumer Protection (6502) and other legislation.
5.2 Rights and Obligations of the newbalance.com.tr
a) https://www.newbalance.com.tr/en reserves the right to change the product/products and contents offerred for sale ond the site at anytime. https://www.newbalance.com.tr/en may use this right without any prior notice.
b)The membership of the user who is identified not to comply with the provisions of the Membership Agreement and the rules specified on the site may be temporarily or permanently canceled by https://www.newbalance.com.tr/en.
c) https://www.newbalance.com.tr/en Saccepts, declares and undertakes that it will keep the preliminary information form and distance sales contracts regarding the sales made through the site for 3 years and that they will share this distance sales contract and preliminary information form with the users request within this period.
d) https://www.newbalance.com.tr/en may temporarily suspend or completely stop the functioning of the system at any time. newbalance.com.tr has no liability towards the site members or third parties due to the temporary suspension or complete cessation of the system.
e) https://www.newbalance.com.tr/en
does not undertake that the services will be provided in a timely, safe and error-free manner, that the results obtained from the use of the service are accurate and reliable, and that the quality of the service will meet the expectations.
f) https://www.newbalance.com.tr/en sales are limited to its own stocks. newbalance.com.tr may not deliver the product or products that are not in stock, may cancel the order and refund the order amount to the customer account. By displaying the products on the site, https://www.newbalance.com.tr/en does not undertake to have the products in stock.
g) https://www.newbalance.com.tr/en is fully authorized to use the personal informations provided by the user for commercial purposes such as necessary communication, promotion, delivery of products, advertising etc.
h) https://www.newbalance.com.tr/en may enable the user to swich from the website to other websites. In such case the user accepts that https://www.newbalance.com.tr/en is not responsible for the content of the sites to which the user will swich.
ı) https://www.newbalance.com.tr/en may make changes in the application of this agreement in order to comply with the technical requirements and legislation that may arise in the future, as well as change the existing articles or add new articles. https://www.newbalance.com.tr/en services that do not require membership may be transformed into a situation that requires membership over time.
j) https://www.newbalance.com.tr/en may provide additional services on the site, change some of its services partially or completely or transform them into paid services.
a)The User agrees to comply with the Turkish Penal Code, Turkish Commercial Code, Law on Intellectual And Artistic Works, Statutory Decrees and legal regulations on the Protection of Trademark and Patent Rights, Law of Obligations, other relevant legislation provisions and all kinds of announcements and notifications that the site will publish regarding its services while using the site and its services. Any legal, criminal and financial liability that may arise due to these notices and illegal use belongs to the member.
b) The User is not allowed to take actions that prevent or make it difficult for other users and visitors to use the site, or load and force/lock servers or databases with automatic programs. She/he can not attemp to mislead the data. Otherwise, she/he accepts all kinds of legal and criminal liability that may arise from this situation as well as the termination of her/hismembership.
c)
The User may not delete or remove copyright, trademark and any other notes under the Law on Intellectual and Artistic Works on any material copied or printed from the site. newbalance.com.tr owns the copyrights arising from the ownership and ownership of the information, documents, software, designs, graphics, etc. that it produces and/or purchases from outside.
d) Canceling membership and deleting account can be made by the User through the site. The Users authorization to enter the site will be canceled when she/he ends her/his membership. The user who cancells her/his membership agrees that this transaction is irreversible.
e) All rights of all visual and written content within the site are reversed. Unless otherwise stated it cannot be used for commercial or personal purposes without permission and reference. Publishing any element of this site in any other media or website or linking to it without the permission of newbalance.com.tr is prohibited.
f)
The User accepts that they responsible for the personal ideas, thoughts, expressions, added files and personal information she/he sends when she/he uses the site services and that https://www.newbalance.com.tr/en cannot be held responsible in any way for these files and that she/he accepts the obligation to cover all damages that may be incurred by https://www.newbalance.com.tr/en as a result of the occurence of such situations.
g)
https://www.newbalance.com.tr/en can not be held responsible for information, messages and files that will be lost and/or incomplete during the use of its services that will be transmitted to the wrong address.
h) Attempting to access computers, user accounts or networks belonging to others by unauthorized or illegal ways (behaviors defined as ‘’hacking’’ or ‘’hacker’’) and other activities that will provide illegal or unauthorized access to systems (‘’port-scan’’, ‘’stealth-scan’’ etc.), sending internet viruses, worms, trojen horses, or ‘’pinging’’ ‘’flooding’’, ‘’mailbombing’’, ‘’denial of service’’ etc. that may cause disruption in the use of the site by other users, newbalance.com.tr can not be held responsible.
The users will make the payments for the products/services she/he purchase via bank transfer or cradit card (visa, mastercard etc.). any other payment options other than these payment options will not be accepted. In case of any problems that may arise in this regard, it is necessary to contact by sending an e-mail message to musterihizmetleri@newbalance.com.tr or by calling the phone number 0212 400 05 85 between 09:00-17:00 on Monday-Friday. Unless otherwise stated on the site, all fees to be charged for the services on the site will be calculated and collected in Turkish Lira (TL). All purchases to be made through the site will be invoiced in accordance with legal requirements, and others will be sent to the user together with the delivery note and invoice. The product prices which are sold on the site includes the relevant VAT (value added tax) rates in accordance with the legislation. The delivery fee will be collected from the user by being included in the total amount of purchases made.
The information of the users who visit the site (duration, time of visit, pages viewed) is tracked in order to serve them better. The information obtained, if it adheres to the principles of confidentiality, in order to enrich and improve the content section of the site, advertising, etc. is shared with the cooperating companies. The purpose is to maintain the site at high standards and to ensure the development of the site. newbalance.com.tr will be able to use personal informations to determine the customer profile within its own organization and to conduct statistical works and will be able to share it with third parties only for the purpose of conducting these activities. https://www.newbalance.com.tr/en undertakes to keep personal information strictly private and confidential, to regard it as a confidentiality obligation, to take the necessary measures and to exercise due diligence to ensure and maintain confidentiality, to prevent all or any part of confidential information from entering the public domain or unauthorized use or disclosure to a third party. Although https://www.newbalance.com.tr/en has taken the necessary information security measures, https://www.newbalance.com.tr/en shall not be liable in the event that confidential information is damaged or obtained by third parties as a result of attacks on the site and the system
The financial information collected is used to invoice you for the products and services you have purchased. When you make a purchase on out site, you agree to provide your financial informations to the third parties (banks, credit card companies, etc.) necessary to fulfill your transaction. The information to be shared includes all necessary financial information including credit card number, expiration date, CVV2. All your credit card and personal information is encrypted with 128 mbit protection with the internet security standard 3D Secure Payment system. In this way your information is prevented from being intercepted by unwanted persons or organizations during their roaming on the internet. In the transactions you will make in a secure environment, none of your information can be accessed by any person, institution and organization can access your information other than you and the bank that allocates the credit card to you. The credit card transaction page transmits the card information directly to the bank POS system and notifies the customer of the transaction result. Credit card information is not transferred via e-mail or similar methods and is not stored by newbalance.com.tr. Credit card information transferred as a result of the online transaction cannot be accessed even by us.
10.1 Delivery
For purchases that will be made through the site, the delivery of the purchased products to the user will be carried out by a cargo company that may be determined by https://www.newbalance.com.tr/en The delivery time is normally 3 to 5 working days from the time the product is manufactured and delivered to the cargo company..
In case the product does not reach the User within the specified days, it is necessary to contact the site authorities for delivery problems by sending an e-mail to Customer service@https://www.newbalance.com.tr/en or by calling the phone number 0212 400 05 85 between 09:00 - 17:00 and between Monday and Friday.In order to avoid delivery problems, the delivery information must be filled in completely and completely and must be present at the address to be delivered.
Damaged packages must not be received by the User and a report must be made to the Cargo Company officer. If the Cargo Company officer is in the opinion that the package is not damaged, the User has the right to have the package opened there to check whether the products are delivered undamaged and to request that the situation be determined by a report. If the package is not accepted and a report is made, the situation must be reported to newbalance.com.tr as soon as possible together with the copy of the report remaining with the User. In cases deemed appropriate by https://www.newbalance.com.tr/en, the product can be re-supplied.
10.2 Refund
The provisions of the Law on Consumer Protection (Law No. 6502) and other legislation shall apply to the return of the products purchased from https://www.newbalance.com.tr/en.
10.3 Contract Amendments
https://www.newbalance.com.tr/en may at its sole discretion and unitalerally, amend this membershit agreement at any time it deems appropriate by posting it on the site. The amanded provisions of this Membership Agreement shall become effective on the date of their announcement; the remaining provisions shall remain in full force and effect and shall continue to give rise to their provisions and consewuences. This Membership Agreement cannot be amended by unilateral declarations of the user
10.4 Force Majeure
In all cases considered 'force majeure' by law, newbalance.com.tr shall not be liable for late or incomplete performance or non-performance of any of its obligations set forth in this Membership Agreement. These and similar cases shall not be considered as delay, incomplete performance or non-performance or default for newbalance.com.tr, and https://www.newbalance.com.tr/en will not be claimed compensation under any name for these cases. The term "force majeure" shall be construed as unavoidable events beyond the reasonable control of the relevant party and which it could not have prevented despite exercising due diligence, including but not limited to acts of nature, riots, war, strikes, communication problems, infrastructure and internet failures, power outages and bad weather conditions.
10.5 Applicable Law and Jurisdiction
Turkish Law shall apply in the implementation, interpretation and management of legal relations arising under the provisions of this Managament Agreement. Istanbul Central Courts and Enforcement Offices are authorized to settle any disputes arising or that may arise from this Membership Agreement.
10.6 Notification Addresses
https://www.newbalance.com.tr/en does not request any e-mail address from visitors during their visit to the website. However, the e-mail addresses of the Users to be notified during membership shall be considered as the e-mail from which the legal address will be requested for any notification to be made in relation to this agreement.
Unless the parties notify the other party in writing of changes in their existing e-mails within 3 (three) days, they agree that notifications to old e-mails will be valid and considered to be made to them.
Any notification to be made by the Site using the User's registered e-mail address shall be considered to have reached the User 1 (one) day after the e-mail is sent by the Site.
10.7 Termination of the Contract
https://www.newbalance.com.tr/en
may unilaterally terminate this Membership Agreement at any time.
