This agreement is called the “www.almondhair.com User Agreement” and is between the parties of www.almondhair.com and the User of the www.almondhair.com Website.
The www.almondhair.com User Agreement enters into force after being accepted by the User at www.almondhair.com The provisions of this agreement become effective after the agreement is accepted by the User.
By becoming a member of www.almondhair.com the User accepts, declares and undertakes that s/he has read the agreement, understands its content, and approves all the provisions it contains.
“User” refers to a person who is a member of www.incia.com.tr or who benefits from the services offered on the website of www.almondhair.com in line with the conditions stated in this agreement.
“Buyer” refers to a User who uses the services provided at www.almondhair.com or who purchases the goods and services offered by www.almondhair.com
“Website” refers to the domain name www.almondhair.com and its subdomains.
www.almondhair.com “Services” refers to the services offered by the Website www.almondhair.com and the actions and transactions identified within this agreement.
Subject and Scope of the Agreement
3.1. The subjects of this agreement include the Services offered at www.almondhair.com , the provisions of the Website’s Services, and the rights and liabilities of the parties.
3.2.The scope of this agreement includes all statements including the warnings, articles, and explanations submitted by www.almondhair.com related to the use, membership, and Services of the Website.
3.3. By accepting the provisions of this agreement, the User is deemed to have accepted all statements made by www.almondhair.com about the use, membership, and Services of the Website.
3.4. The User agrees and undertakes to act according to all the provisions listed on www.almondhair.com and within this agreement.
4. Service and Scope of Service
4.1. The Services offered at www.almondhair.com include shopping in an electronic environment within the context of the relevant legislation.
4.2. 4.2. www.almondhair.com has the right to change and/or adjust the Services of the Website to facilitate the execution of the actions and transactions defined within this agreement. www.almondhair.com shall notify Users of the rules and conditions arising from such changes and/or amendments that Users must comply with.
4.3. The changes and/or adjustments made by www.almondhair.com pursuant to the clause below are deemed to be accepted by the User.
5. Terms of Service
5.1. Membership is finalized upon the completion of the registration form, after submitting the information necessary to become a member and after confirmation of this agreement. The consumer cannot be entitled to the rights of a User identified within this agreement without completing the membership process.
5.2. 5.2. An individual must be at least 18 years old to become a member of the Website and must not be suspended or banned by www.incia.com.tr according to Article 6.2.4 of this agreement. An individual who is not yet 18 years old, or whose membership has been temporarily suspended or canceled by www.incia.com.tr, cannot benefit from the rights of membership even if their site membership registration has been completed.
6. Rights and Liabilities
6.1. User Rights and Liabilities
126.96.36.199.1.1. The User, when carrying out the membership process and benefiting from Services, and while carrying out any transaction for Services, accepts that s/he will act in compliance with all the provisions in this agreement. The User also agrees to act in agreement with the rules and declarations specified in the relevant section of the site with regard to the Services from which the member benefits, and with all existing regulations, and agrees that s/he has read, understood, and approved all rules and conditions written herein
6.1.2. If www.almondhair.com is required to make explanations to official authorities to comply with legislation, the User accepts that www.almondhair.com is authorized to divulge confidential, private, and commercial information belonging to the User to the official authorities if it is requested by them. In this instance, no indemnity will be demanded regardless of circumstances.
6.1.3. The User is responsible for the protection of membership information such as username and password, and for ensuring that this information is only used by him or herself, and kept from any third party. In the case of any mistake or negligence on the part of the User, the User shall be responsible for the losses that www.almondhair.com , any other member, or any third party suffers. In such instances, www.almondhair.com is not responsible for any loss another User or third party may suffer due to error or negligence.
6.1.4. A User cannot transfer this agreement, or the rights and liabilities within the scope of this agreement, to any third person partly either wholly or partially without the written approval of www.almondhair.com
6.1.5. Any User benefiting from the goods and Services provided by www.almondhair.com by using the Website can only perform lawful actions on the Website. The User is legally responsible for all the actions and transactions s/he performs on the Website. The User accepts and undertakes that s/he will not reproduce, copy, distribute, or process any image, text, auditory clip, video, file, catalog or list from the Website. This could constitute a violation of the personal or other rights and property of a third person and/or www.almondhair.com Also, the User will not engage directly and/or indirectly in competition with www.almondhair.com either through these actions or in other ways. The Website (www.almondhair.com ) cannot be held responsible for the direct or indirect losses any third party may suffer from activities carried out by a User on the Website that are against the law and/or the provisions of this agreement.
6.1.6. The User has the right to buy goods and Services offered by www.almondhair.com at the price determined by www.almondhair.com and choose one of the payment options provided by www.almondhair.com . The Sales Agreement between the User and www.almondhair.com enters into force upon the selection of any product shown on the Website and one of the payment methods offered. By accepting this agreement, the User is deemed to have accepted the sales terms and conditions associated with the product and the explanation of www.almondhair.com
6.1.7. The User shall fulfill his/her payment liability for the products s/he has chosen to buy in line with Article 6.1.6 of this agreement using a payment method of his/her choice.
6.1.8. As part of the User’s right to access the product, www.almondhair.com becomes liable to deliver the products and/or services when either the order amount is deposited by credit card (Visa or MasterCard), or the money order reaches the account of, www.almondhair.com or the order amount is deposited from the User’s account as shopping points earned through a gift check, or when the User directly pays the order amount at the point and time of delivery.
6.1.9 www.almondhair.com will process the order then either the order amount is taken by credit card (Visa or MasterCard), or the money order reaches the account of www.almondhair.com . www.almondhair.com will process the order upon its confirmation by the User.
6.1.10. The order will be delivered by a cargo company, the supplier, or a delivery officer from www.almondhair.com as part of fulfilling its liability for delivering goods and Services. The average delivery time for Turkey is within 10 days of the receipt of the order, provided that the order is fully completed, and dependent on weather conditions. If a product is not delivered within the given time, the User should notify www.almondhair.com of the situation by emails and telephone. The relevant contact details can be found in the “Contact” section of the Website.
6.1.11. As part of fulfilling its duty to deliver goods and Services, a delivery note issued by the cargo company in the name of the User or a credit note issued by www.almondhair.com will be issued to the Buyer with the order.
6.1.12. The Website www.almondhair.com is not responsible for problems arising from typographical or system errors. If an item on www.incia.com.tr requested or already ordered is out of stock, the order status shall remain “processing” for five days, or until the stock is replenished. If the product or Service cannot be replenished by www.almondhair.com the User may buy another product the same price as the product or Service ordered, or may wait until the stock is replenished, or cancel the order. If the User does not choose any of these options within three days, the agreement is terminated, and www.almondhair.com shall refund the User and delivers all the debt instruments to the User in accordance with consumer legislation.
6.1.13. 6.1.13. The agreement is deemed to have been fulfilled wholly and completely upon receipt of the delivery. The agreement will also be deemed to have been fulfilled upon the receipt of the delivery by a family member residing in the same household as the Buyer. If an opened package is received, the recipient should reject the package and make the delivery officer fill out a statement regarding the incident, and keep one copy of this. The User should send the relevant statement to www.almondhair.com within seven days either by email or fax, the numbers for which are listed in the “Contact” section of the Website. www.almondhair.com will resend the same product or Service to the address of the User without demanding any additional charge within 10 days of receiving the statement.
6.1.14. www.almondhair.com is not responsible for any third party. A third party may not demand a refund from www.incia.com.tr, nor take legal or criminal action against www.almondhair.com
6.2 Rights and Liabilities of www.almondhair.com
6.2.1. 6.2.1. www.almondhair.com always has the right to change the goods and Services offered on the Website. It may also remove information and content that Users have uploaded to the system and the access of third parties, including all Users and Buyers, and to erase these. www.almondhair.com can take advantage of this right without any advance notification. Members must immediately carry out amendments and/or corrections requested by www.almondhair.com The Website www.almondhair.com when necessary, can implement amendments and/or corrections by itself. The legal and criminal responsibilities for the losses that can arise if the amendments and/or corrections requested by www.almondhair.com are not carried out by the User within the necessary time period belong completely to the User.
6.2.2. www.almondhair.com constantly checks Website content to see if it is accurate and up-to-date. However, the most recent information may differ from the information stated on the Website despite due diligence. www.almondhair.com will not be legally responsible for losses incurred due to associated technical and typographical errors.
6.2.3 www.almondhair.com can use the personal and user information submitted to the Website for statistical evaluation to provide security for the User and for business purposes. The website may also classify and retain such information.
6.2.4 www.almondhair.com does not act as an arbitrator or mediator to settle disputes arising between Users that relate to the goods and Services offered by the Website.
6.2.5. www.almondhair.com may delete messages or comments which are defamatory or against the operation and general rules of the Website, or that are considered unacceptable by , www.almondhair.com at any time and without any notification. www.almondhair.com can suspend or cancel the membership of the Users concerned or may demand material and moral indemnities by commencing a legal or criminal action against them.
6.2.6. The User www.almondhair.com and are two legally independent parties. The parties are not related to each other in any way including through partnership, representation, or an employee-employer relationship. This agreement does not reflect any partnership, representation, or employee-employer relationship.
7.1. Intellectual Property Rights
7.1.1. 7.1.1 All elements of www.almondhair.com including, but not limited to, designs, texts, images, HTML and other codes, and projects which are copyrighted by www.almondhair.com either belong www.almondhair.com or are used under license from a third party by www.almondhair.com . The User does not have the right to resell, share, distribute, or exhibit, or allow someone else to use the goods, Services, information, or works that are subject to the copyright of www.almondhair.com . If the User does so, s/he will be liable to cover the compensation amount demanded by, www.almondhair.com as well as court costs and the attorney fees associated with the losses of third persons and of the persons who approve the license. The User cannot reproduce, process, or distribute any good or work that is subject to the copyright of www.almondhair.com and cannot make or prepare works that are derived from these.
7.1.2. All assets; personal and proprietary rights; commercial information and expertise belonging to www.almondhair.com ; Services, information, commercial brands and works with the trademark of www.almondhair.com ; all types of intellectual and material property that are part of the commercial image and/or the Website of www.almondhair.com , are under the copyright of www.almondhair.com .
Amendments to the Agreement
7.2.1. www.almondhair.com can change and/or amend this Agreement at any time deemed appropriate by declaring it on the Website unilaterally and wholly at its own discretion. The amended provisions of this Agreement will be effective on the date they are declared. The rest of the provisions will remain in force and will continue to be effective in terms of their consequences and impact.
7.2.2.The changes and adjustments made by www.almondhair.com to this Agreement will be announced to Users through the Website. Users are deemed to have accepted the changes and adjustments made by www.almondhair.com this agreement.
7.2.3. This Agreement cannot be changed without the approval of all parties.
7.3. Force Majeure
7.3.1.In each case that is determined to be a force majeure by the law, www.almondhair.com will not be held responsible for not executing, incompletely executing, or executing actions late which it undertakes through this Agreement. The Website is not responsible for such cases and no indemnity will be demanded from the Website as a result.
7.3.2. The term force majeure will be interpreted as events that are inevitable, that www.almondhair.com cannot prevent in spite of due diligence, and that are out of the reasonable control of the related party. They include but are not limited to natural disasters, rebellions, wars, labor disruptions, communication problems, internet and infrastructure breakdowns, power cuts, and adverse weather conditions.
7.4. Applicable Law and the Authority
Turkish Law will be applicable on the execution, interpretation, and governance of the legal relationships that arise from this Agreement. The Courts of Istanbul and its Enforcement Offices will be the authority for the settlement of all the disputes that arise from this Agreement.
7.5. 7.5. Terminating the Agreement
7.5.1. As long as the User is a Member of the Website, this agreement will be in effect and its results and influence will continue to be valid for all parties. It will be considered to have terminated upon suspension or cancellation of the membership.
7.5.2. www.almondhair.com can terminate this agreement unilaterally in the case of a violation of the membership or use of the goods and Services stated in this agreement, or its annexes or in the situations listed below. The User is responsible for compensating all losses that www.almondhair.com may suffer due to the associated termination of this agreement.
a.If the User carries out malicious acts, using any method, which threaten the operation of the Website.
b. If the User transfers his or her account to someone else, or allows someone else to use it.
c. If the User carries out a malicious acts which violates and/or involves the risk of violating the rights of third parties.
d. In the User uses someone else’s credit card or account without his or her permission to buy a product or Service from www.almondhair.com
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