Membership Agreement

MEMBERSHIP AND TERMS OF USE AGREEMENT

1. Parties

This Membership Agreement has entered into force electronically between Botanik Kozmetik ve Dış Ticaret Limited Şirketi, which operates the website www.shifahandmade.com (hereinafter referred to as the “Service Provider”), and the internet user who becomes a member of and uses the website www.shifahandmade.com (hereinafter referred to as the “Website”) (hereinafter referred to as the “User”), upon the User’s creation of a membership account and electronic approval of this Agreement.

The User declares that all information provided during membership registration is accurate and belongs to them, and that they have read, understood, and accepted this Membership Agreement and its annexes, which form an integral part thereof, including membership conditions and Website usage rules.

The Service Provider and the User shall be referred to individually as a “Party” and collectively as the “Parties”.

2. Definitions

Website: Refers to the website www.shifahandmade.com, owned by Botanik Kozmetik ve Dış Ticaret Limited Şirketi, where cosmetic products are sold.

User: Refers to the natural person who registers as a member of the Website and benefits from the services provided through the Website.

Service/Services: Refers to the facilities and services related to product sales and membership provided by the Service Provider through the Website.

Content: Refers to all kinds of information, text, files, visuals, videos, audio recordings, and similar data published on and accessible via the Website.

Database: Refers to the database belonging to the Service Provider where content is stored, classified, queried, and accessed, and which is protected under Law No. 5846 on Intellectual and Artistic Works.

Personal Data: Refers to any information relating to an identified or identifiable natural person pursuant to Article 3 of the Law No. 6698 on the Protection of Personal Data.

The use of the above definitions in uppercase or lowercase shall not imply a different meaning unless explicitly stated otherwise.

3. Purpose and Scope of the Agreement

3.1 The purpose of this Membership Agreement is to determine the membership procedures for the User’s use of the Website www.shifahandmade.com, the terms and conditions of Website use, and the rights and obligations of the Parties, as well as to regulate the conditions regarding the services provided through the Website. All warnings, notices, explanations, and announcements made by the Service Provider regarding usage, membership, and services on the Website constitute an integral part of this Agreement.

3.2 The Service Provider reserves the right to amend this Agreement, provided that such amendments comply with applicable legislation. Amendments shall enter into force upon publication on the Website. Continued use of the Website by the User after such amendments shall be deemed acceptance of the updated Agreement.

3.3 By accepting this Agreement, the User agrees and undertakes to comply with all rules and explanations provided by the Service Provider regarding the use of the Website, membership, and services. Rights and obligations related to product sales conducted via the Website are governed by the Distance Sales Agreement. This Membership Agreement governs only the principles related to Website use and membership.

3.4 The Service Provider reserves the right to suspend or terminate the User’s membership temporarily or permanently if it determines that the User has acted in violation of this Agreement, applicable legislation, or Website usage rules.

3.5 The User agrees that they shall not claim any compensation from the Service Provider for any damages arising from data loss, transaction interruptions, or technical malfunctions during the use of the Website, unless such damages are due to the fault of the Service Provider.

4. Membership Conditions

4.1 Only natural persons who have reached the age of 18 may become members by accurately and completely filling out the membership form and accepting this Agreement. The User must not have previously had their membership suspended or terminated by the Service Provider.

4.2 Membership is free of charge. The User is personally responsible for the security of their account, including the confidentiality of their username and password, and for preventing unauthorized use by third parties. Any legal or criminal liability arising from misuse of the account shall belong to the User.

4.3 The User’s membership account, username, and password may not be transferred to or used by third parties.

4.4 The User accepts that all information provided during registration (name, surname, address, phone number, email, etc.) is accurate, complete, and up to date. The Service Provider shall not be held liable for any damages arising from incorrect or outdated information.

4.5 The User may terminate their membership at any time by submitting a request via email to the Service Provider.

4.6 The Service Provider reserves the right to restrict access, suspend, or terminate membership if the User violates this Agreement or applicable legislation.

4.7 The Service Provider shall not be liable for access issues, data loss, or service interruptions arising from maintenance, updates, technical failures, infrastructure issues, third-party service providers, or force majeure events, unless due to its own fault.

4.8 The Service Provider does not guarantee that the use of the Website or its content will produce any specific result.

5. Use of the Website

5.1 Users wishing to purchase products via the Website may become members free of charge by providing accurate and complete information such as name, email address, and phone number.

5.2 The User shall pay for products purchased via the Website using the payment methods provided electronically. In cases where payment is made by credit card or debit card, transactions are processed through secure payment infrastructures provided by banks or payment institutions independent of the Service Provider. The User is responsible for the accuracy of card information and authorization of use. The Website uses the 3D Secure system for credit card payments. The Service Provider shall not be held liable for technical failures, unauthorized use of cards, or issues arising from bank/payment systems or third-party providers that are not attributable to its fault. The User accepts that they are authorized to use the payment instrument and bear responsibility for transactions not attributable to the Service Provider.

6. Rights and Responsibilities of the Parties

6.1 The Service Provider shall not be held liable for failure or delay in performance due to events beyond its control, including but not limited to riots, embargoes, state intervention, war, strikes, cyber-attacks, communication failures, infrastructure issues, power outages, natural disasters, or pandemics (“Force Majeure”).

6.2 The Service Provider reserves the right to suspend or terminate membership if the User violates this Agreement, applicable laws, Website security, or third-party rights.

6.3 All intellectual and industrial property rights related to content on the Website (including trademarks, logos, designs, visuals, texts, and graphics) belong to the Service Provider and may not be used without written permission.

6.4 The User is responsible for maintaining the confidentiality of login credentials and for any legal consequences arising from unauthorized use.

6.5 The Service Provider reserves the right to temporarily suspend the Website, modify content, or remove content when necessary.

7. Privacy and Personal Data

Personal data belonging to the User are processed in accordance with Law No. 6698 on the Protection of Personal Data and related legislation. Detailed information is available in the KVKK Disclosure Text and Cookie Policy published on the Website. The Service Provider takes necessary administrative and technical measures to ensure data security.

8. Approval, Entry into Force, and Miscellaneous

8.1 This Agreement enters into force electronically upon completion of membership and approval by the User.

8.2 The Parties agree that in disputes arising from this Agreement, electronic records, system logs, commercial books, microfilm, microfiche, and computer records of the Service Provider shall constitute valid evidence pursuant to Article 193 of the Code of Civil Procedure, without prejudice to the User’s right to submit other legal evidence.

8.3 Personal data shall be retained for periods required by applicable legislation and shall be deleted, destroyed, or anonymized thereafter.

8.4 In disputes arising from this Agreement, Consumer Arbitration Committees and Consumer Courts shall have jurisdiction within the monetary limits determined annually by the Ministry of Trade.

8.5 The User may submit requests and complaints via:

Address: Fenerbahçe Mahallesi İğrip Sokak No:13 İç Kapı No:1 Kadıköy / İstanbul
Phone: +90 545 940 35 50
E-mail: magaza@shifahandmade.com