Membership Agreement
The Parties to this Agreement,
a) On one side, ABYSS DIŞ TİCARET SANAYİ İNŞAAT VE LOJİSTİK LTD. ŞTİ. (hereinafter referred to as “ABYSS”), operating the activities of the ABYSS website and the corresponding mobile application, domiciled at Koca Mustafa Paşa Mah. Narlıkapi Cad. No:30/1 34098 Fatih, Istanbul,
b) On the other side, the user who becomes a member through the ABYSS website or mobile application (hereinafter will be referred to as “Member” or “User”).
Subject of the Agreement
The subject of this Agreement is the use of the ABYSS website or corresponding mobile application owned by ABYSS, through which the products offered for sale by ABYSS are sold in accordance with the rules of distance selling, and the determination of the terms of use of this site and application. (The aforementioned website and ABYSS mobile application will collectively be referred to as the “Website”).
Rights and Obligations of the Parties
3.1 Rights and Obligations of ABYSS
3.1.1 All intellectual and industrial property rights related to the Website are owned by ABYSS, and such copyright and/or other intellectual property rights are protected by the relevant laws. These cannot be used, acquired, or altered without permission by the Member. Other company and product names mentioned on this website are the trademarks of their owners and are also protected under intellectual property rights.
3.1.2 ABYSS is entitled to collect, use, transfer, and process the personal data provided by the Member in accordance with the Customer Information Clarification Text located on the Website. The Customer Information Clarification Text is an integral part of this Membership Agreement.
3.1.3 ABYSS may collect certain information for the improvement of the Website or as required by legal legislation, such as the Internet service provider’s name and Internet Protocol (IP) address, the date and time accessed to the site, pages accessed while on the site, and the internet address of the website that provides direct access to the site.
3.1.4 ABYSS reserves the right to utilize the Member’s personal information for better service provision, product and service improvements, and for user-specific preferences and interests.
3.1.5 ABYSS may disclose the Member’s personal information to authorized official institutions upon request and may share it with third parties within the extent permitted by legal legislation.
3.1.6 ABYSS has taken necessary precautions to ensure the website is free from viruses and similar malicious software. However, the final security is the responsibility of the User to ensure their own virus protection system and maintain the necessary protection. By accessing the ABYSS website, the User accepts responsibility for all errors and their direct or indirect consequences that may occur in their own software and operating systems.
3.1.7 ABYSS reserves the right to change the content of the site, modify or terminate any service provided to users, or delete user information and data registered on the ABYSS website.
3.2 Rights and Obligations of the Member
3.2.1 The Member declares and guarantees that all personal and other information provided during the Website membership registration is accurate and agrees to indemnify ABYSS for any damages that may arise due to the inaccuracy of such information.
3.2.2 The Member consents to the transfer and use of the address and other communication information provided during membership registration as valid address and communication information for all kinds of shopping and sales agreements made through the Website.
3.2.3 The Member is solely responsible for the confidentiality and use of the password provided by ABYSS. ABYSS reserves the right to all forms of compensation and other claims against unauthorized use resulting from the Member’s actions.
3.2.4 The Member undertakes to keep confidential and only share with authorized individuals the 4-digit transaction code sent to the mobile phone specified by the Member to ensure the correct delivery of goods purchased through the Website. The Member agrees that the delivery of products to individuals presenting this code will be considered as delivery to the Member themselves.
3.2.5 The Member agrees to abide by the legal provisions when using the Website and undertakes not to violate them. Otherwise, all legal and criminal obligations will bind solely the Member.
3.3 Electronic Communication and Processing, Sharing, and Deletion of Personal Data
3.3.1 The individual who becomes a Member of the Website consents to receive product and service promotions, advertisements, campaigns, benefits, surveys, and other customer satisfaction practices from ABYSS or its affiliated companies within the scope of retail trade activities. The Member also consents to ABYSS or its affiliates contacting them using the communication channels provided in the membership form, such as email, telephone, SMS, etc.
3.3.2 The Member consents to the collection, use, and archiving of personal and shopping information provided during membership registration on the Website, or otherwise, for the above purposes.
3.3.3 The Member agrees not to make any claims for damages due to the collection of information, sharing with affiliates of ABYSS, use, archiving, and communication by ABYSS. The Member can change their data sharing preferences by contacting the ABYSS customer service call centers, through the “My Membership Information” section on the “My Account” page on the Website, or by utilizing the opt-out option provided in the communications received.
3.3.4 In the event of termination of membership, unless otherwise stated by the Member, personal data will be retained for a maximum of one year and then will be automatically deleted.
Termination of the Agreement
4.1 This agreement shall remain in effect until the Member cancels their membership or until ABYSS cancels the membership. ABYSS may unilaterally terminate the agreement by canceling the membership if the Member violates any provision of the membership agreement. ABYSS reserves the right to suspend membership, delete, or terminate the agreement unilaterally as needed. The Member agrees to this provision in advance. ABYSS bears no liability in this scenario.
4.2 Conversely, the Member may also unilaterally terminate this agreement by requesting the cancellation of their membership and the deletion of all electronic records at ABYSS. However, the Member will lose the ability to make purchases through the Website.
Evidence Agreement
The Parties agree and declare that all computer records owned by ABYSS shall be considered as the sole and exclusive evidence and constitute an evidence agreement in accordance with Article 193 of the Code of Civil Procedure.
Force Majeure
If events beyond the control of ABYSS, not resulting from its fault, and not reasonably foreseeable, such as insurrection, embargo, government intervention, war, mobilization, strike, lockout, labor disputes including worker-employer disputes, cyber-attacks, communication problems, infrastructure and internet failures, power outages, fire, storm, flood, earthquake, epidemic or other natural disaster, prevent or delay the fulfillment of the obligations arising from this Membership Agreement, ABYSS shall not be held responsible for the failure or delay in fulfilling such obligations.
Dispute Resolution
In the event of any disputes arising from this Agreement, the courts and execution offices of the Istanbul Anatolian side shall have exclusive jurisdiction.
Amendment and Waiver
The failure of either party to exercise any right provided in the Membership Agreement does not imply a waiver of subsequent rights.
Effectiveness
The Member declares and undertakes that they have read and accepted all the articles included in this Membership Agreement upon confirming the agreement electronically. The Agreement shall be deemed executed and come into effect at the moment the Member completes the membership registration.
