Membership Terms and Conditions
Legal Notice
The website www.artoeso.com is the online store of Artoeso. By accessing this website or using any information available on this website, you are deemed to have accepted the following terms and conditions.
Artoeso shall not be liable for any direct or indirect damages that may arise due to accessing this website or using the website, the information and other data contained therein, programs, etc., regardless of whether such damages arise from breach of contract, tort, or any other cause. Artoeso accepts no liability for any interruption, error, omission or disruption of transactions resulting from breach of contract, tort, negligence or any other cause.
Artoeso reserves the right to change, without prior notice, any services, products, terms of use of the website and information provided on the website and its extensions, to reorganize the website, or to suspend its publication. Such changes shall become effective upon publication on the website. By continuing to use or access the website, users shall be deemed to have accepted such changes. These terms also apply to other web pages to which links are provided.
Artoeso shall have the right to contact users, through the postal address, e-mail address, landline and mobile telephone numbers and other contact information provided by the user through the registration form or subsequently updated by the user, by letter, e-mail, SMS, telephone and other means for communication, marketing, notification and other purposes. By accepting this Agreement, the user acknowledges and declares that, unless the user provides written notice to the contrary, Artoeso may carry out the aforementioned communication activities directed to the user.
Artoeso accepts no liability for any interruption, error, omission, disruption, deletion, loss, delay in transactions or communications, computer viruses, communication failures, theft, destruction, or unauthorized access to, alteration of or use of records resulting from breach of contract, tort, negligence or any other cause.
This website may contain links or references to other websites that are not under the control of Artoeso. Artoeso shall not be responsible for the content of such websites or for any other links contained therein.
No material contained on this website, including code and software, may be modified, copied, reproduced, translated into another language, republished, uploaded to another computer, posted, transmitted, presented or distributed without obtaining prior permission and indicating the source. The whole or any part of the website may not be used on another website without authorization. Any violation of these provisions may result in civil and criminal liability. Artoeso reserves all other rights not expressly stated herein.
Artoeso reserves the right to update the content of this Legal Notice at any time and recommends that users visit the Legal Notice page each time they access the website.
Membership Agreement
ARTICLE 1 – PARTIES
This Membership Agreement (hereinafter referred to as the “Agreement”) is entered into between:
artoeso.com, a resident entity whose address details are stated on the relevant pages (hereinafter referred to as “artoeso.com”),
and
the person whose name, surname and address are declared in the “Member Information” section (hereinafter referred to as the “Member”),
under the following terms and conditions.
ARTICLE 2 – PURPOSE AND SUBJECT OF THE AGREEMENT
This Agreement has been executed for the purpose of enabling the Member to benefit from the services provided by artoeso.com and determines the rights and obligations of the parties.
ARTICLE 3 – DEFINITIONS
The following terms shall have the meanings assigned to them below throughout this Agreement:
Member: A person who has applied for membership by accepting this Agreement and whose application has been approved, and who will benefit from the products and/or services offered through artoeso.com.
E-mail Address: The e-mail address provided by the Member and associated with the Member's account, the use, content and confidentiality of which are the responsibility of the Member, designated at the time of establishing the membership and which cannot subsequently be changed.
Password: The alphanumeric code consisting of six (6) to sixteen (16) characters, determined by the Member and used together with the e-mail address to identify the Member within the system, which is required to access the services provided by artoeso.com through artoeso.com, and all responsibility arising from its use and security belongs to the Member.
Member Account: The account maintained by artoeso.com for Members to use in order to benefit from various products or services provided under this Agreement.
Product/Service: Goods offered for sale and services provided through artoeso.com, which is operated by artoeso.com.
Product/Service Price: The sales price of the relevant product or service displayed to Members through artoeso.com.
User: A natural person, whether or not a Member, who may visit the publicly accessible areas of artoeso.com and is permitted to perform transactions in such areas.
Credit Card/Debit Card: A card issued by authorized institutions and valid under applicable legislation, which may be used by Members for transactions conducted through artoeso.com, enabling the purchase of goods and services or cash withdrawal without the need for cash payment, including card numbers that do not have a physical card or physical existence.
Service Channels: Mobile telecommunications applications, JAVA, SMS, WAP, ITV (Interactive Television), IVR (Interactive Voice Response), Customer Services, kiosks, internet infrastructure platforms (artoeso.com), and similar channels, the selection of which is exclusively determined by artoeso.com.
Gift Points: A physical printed document or a non-physical number that provides various benefits to Members and/or Users, the eligibility, allocation and terms of use of which are exclusively determined by artoeso.com.
Order Confirmation: A notification sent to the e-mail address registered with artoeso.com and/or to the Member's mobile telephone number via SMS for the purpose of confirming an order placed through artoeso.com, containing details of the relevant order.
My Account Menu: The personal area accessible through artoeso.com where Members can track their transactions and the status of their orders and perform other permitted transactions.
SMS: Short Message Service.
Customer Services: The relevant section of artoeso.com through which Members may communicate in writing or verbally and receive information and consultation services.
For the purposes of this Agreement, singular terms shall include the plural and plural terms shall include the singular, where applicable.
ARTICLE 4 – MEMBERSHIP TERMS
4.1 Membership Application
4.1.1 Membership of artoeso.com may be initiated by duly completing the membership form. Any person applying for membership to artoeso.com by clicking the relevant acceptance notification declares, acknowledges and undertakes that they have read and accepted all provisions of this Agreement, meet the requirements for membership, and that this Agreement shall become legally binding upon them in accordance with their free will and applicable law. artoeso.com is a private club and reserves the right not to accept an application for membership submitted by a person wishing to benefit from the services subject to this Agreement.
4.1.2 The applicant declares, acknowledges and undertakes that all information provided during the membership application is accurate and lawful. If it is determined that the information provided is contrary to law or fact, the membership may be cancelled. In such case, the Member declares, acknowledges and undertakes that they shall not claim any product, service, expense, compensation or other payment under any name whatsoever in respect of any transaction carried out through artoeso.com and that no liability may be imposed on artoeso.com for this reason. The rights of artoeso.com, if any, to recover amounts already paid and/or delivered products are reserved.
4.1.3 Membership may be initiated through any of the Service Channels at the discretion of artoeso.com. The Member wishing to establish a contractual relationship by applying for membership accepts and undertakes that electronic communication tools will be used for this purpose, that the legal relationship established through such means shall have the same legal effect and consequences as a handwritten wet-ink signature, and that no separate wet-ink signature confirmation shall be required for such legal relationship.
4.1.4 The Member is obliged to enter all mandatory information required for acceptance of the application accurately and completely in the membership application form. Persons meeting the membership requirements shall be obliged, following completion of the application, to provide any additional information that may be requested by artoeso.com through artoeso.com or by contacting Customer Services.
4.1.5 The Member declares, acknowledges and undertakes that they have carefully read and accepted the terms of this Agreement, have the ability to retain a copy of the Membership Agreement if desired, and can easily access any amendments or additions that may be made from time to time, data transfers and service usage conditions. Any amendments or additions to the terms of the Agreement shall be presented to the Member upon their first access to artoeso.com. If the Member does not click the “Accept” option presented to them, their membership may be terminated without any obligation to pay compensation or any similar liability. The Member accepts that they will comply with the membership terms at all times throughout the term of the Agreement.
4.2 Commencement of Membership
A confirmation notification stating that the membership has been initiated shall be sent by e-mail to the e-mail address provided by the user whose membership has been initiated by artoeso.com. Upon acceptance and commencement of membership, the Member may begin benefiting from the services of artoeso.com.
4.3 Use of the Member Account
4.3.1 Each Member may have only one Member Account. The Member Account may only be used for the purpose of benefiting from the services defined in this Agreement. The Member may not use the services provided by artoeso.com and/or the Member Account in any manner contrary to law or public morality, in a manner that disturbs others, for the purpose of reselling the services to others and/or generating income, whether commercially or otherwise, or for any purpose outside the scope of this Agreement.
4.3.2 artoeso.com shall have the right to immediately terminate, without prior notice, the membership or memberships of any Member who violates this provision and/or is found to have multiple memberships. Where it cannot be determined whether the Member meets the qualifications required under applicable legislation or this Agreement, the membership may be suspended by artoeso.com until such deficiency is remedied or may be immediately cancelled.
4.4 E-mail Address and Password
4.4.1 artoeso.com shall send the details concerning membership to the e-mail address provided by the Member following acceptance of the membership application. The Member declares, acknowledges and undertakes that artoeso.com shall have no liability if any notification sent to the registered contact addresses by artoeso.com fails to reach the Member for technical reasons.
4.4.2 The Member is responsible for protecting the e-mail address and password used by the Member and for all matters arising from their use. The Member declares, acknowledges and undertakes that transactions carried out and orders placed after logging into the system using the e-mail address and password shall be binding upon the Member.
4.4.3 If artoeso.com suffers any loss or incurs any payment as a result of the Member's e-mail address and/or password being used by third parties, artoeso.com shall have the right to claim compensation from the Member for such loss and/or recourse the payment made against the Member. In addition, artoeso.com reserves the right at all times to cancel, terminate or suspend memberships that it suspects or determines have been used by third parties.
4.4.4 The Member has the right to change their password at any time. The Member may change the password through the relevant section of artoeso.com. If the Member forgets the password, they may obtain or reset it by contacting Customer Services or following the instructions provided on artoeso.com.
4.4.5 The e-mail address notified to artoeso.com cannot be changed. However, artoeso.com may, due to changes to its systems, security reasons and/or any other reason, request the Member to change their e-mail address and may also change the password. The Member undertakes to comply with requests to change the e-mail address. In the event of any change, artoeso.com shall notify the Member via SMS or e-mail. The Member accepts, declares and undertakes to comply with changes notified by artoeso.com.
4.5 Personal Information of the Member
4.5.1 Personal information may be requested from the Member both at the commencement of membership and during the continuation of the membership. The name, surname, Turkish Identity Number, date of birth and information obtained for the Member's security, as provided by the Member, cannot be changed by the Member. Other personal information belonging to the Member may be changed by the Member, provided that the Member successfully completes the required security checks and verifies their identity.
4.5.2 The Member accepts, declares and undertakes that the personal information provided by the Member and stored in the artoeso.com database under this Agreement, including name, surname, address, age, e-mail address, identity number, contact number, etc., as well as orders and Member activities, may be used by artoeso.com for statistical reporting, advertising and marketing purposes (including surveys and/or promotions), and for determining the general tendencies of its users. artoeso.com accepts and undertakes to use such information without prejudice to the personal rights of the Member and, where such information is shared with third parties, to ensure that such third parties comply with these principles.
4.5.3 The Member acknowledges that, if e-mails, faxes or letters sent by the Member to artoeso.com contain the Member's personal information, the Member shall be solely responsible for the confidentiality and security of such information, that artoeso.com shall have no liability in this regard within the conditions defined above, and that records of correspondence and telephone conversations with Customer Services may be retained by artoeso.com. The Member consents to the retention of such records.
4.5.4 By accepting the terms of this Agreement, the Member accepts that both artoeso.com and competent authorities have the right to request information regarding all personal information provided by the Member and transactions carried out during the use of the services, and undertakes to provide the necessary information in detail upon request.
4.6 Termination of Membership
4.6.1 If artoeso.com suspects and/or determines that a Member Account is being used by third parties, the Member Account may be closed and/or this Agreement may be terminated by artoeso.com without any notice. In such cases, the Member shall have no right to claim compensation or any similar payment.
4.6.2 artoeso.com may terminate membership without stating any reason if it deems necessary. The Member accepts, declares and undertakes that they shall not claim any damages, losses and/or compensation under any name whatsoever in connection with the termination of their membership. Information relating to terminated memberships shall continue to be stored in the artoeso.com database for a period determined by artoeso.com.
4.6.3 The Member may unilaterally close their Member Account at any time. The Member may terminate their membership through the relevant page after logging into artoeso.com. Alternatively, the Member may submit a written request to Customer Services requesting termination of the Member Account. Membership shall terminate when artoeso.com completes the procedures for termination following receipt of the Member's request. artoeso.com has the right to ask the reason for termination. A membership terminated by the Member may be reactivated by applying to Customer Services. In such case, the reactivated membership shall be treated as a new membership independent of the previous membership.
4.6.4 Upon closure of the Member Account, the Member accepts, declares and undertakes that they have no rights and/or receivables from artoeso.com and shall not make any claim for compensation or similar payment in connection with such closure.
ARTICLE 5 – SERVICE TERMS
5.1 The Member may submit a purchase request for products/services offered through artoeso.com at the price and under the terms specific to the relevant product/service. artoeso.com reserves the right to make changes to the products or services displayed on the website in terms of quality and quantity. Images displayed on the website may differ from the actual products. Such differences may also occur in packaging, size and other aspects depending on the region or country. Orders for products/services shall be placed in accordance with the instructions provided through artoeso.com. If the order is confirmed, an order confirmation shall be sent to the Member's registered e-mail address and mobile telephone number via e-mail and SMS. The order number shall also be provided in this notification.
5.2 In the provision of services, artoeso.com acts as a medium through which information regarding the service provider is presented and reservation codes are provided. Accordingly, artoeso.com's responsibility in relation to such services is limited to collecting and publishing campaigns on the artoeso.com website, presenting such campaigns to Members, and acting as an intermediary for the collection of payments. artoeso.com does not have the status of a “provider” under Law No. 4077 and shall not have any responsibility regarding the service under the relevant legislation.
5.3 The Member accepts and undertakes that the price of the ordered product/service and shipping costs shall be charged to the credit/debit card provided by the Member under the conditions stated in the relevant promotions, and, where applicable, refunds shall be made to the same card number used for payment.
5.4 The Member shall be solely responsible for transactions carried out through the Member Account. All losses, damages and liabilities incurred by the Member and/or artoeso.com due to the failure to collect the amounts relating to orders placed by the Member in full and properly shall be the responsibility of the Member. The Member declares, acknowledges and undertakes that artoeso.com shall have no legal liability for transactions incorrectly performed by the Member.
5.5 Without assuming responsibility for such errors and at its own discretion, artoeso.com may cancel erroneous transactions where the Member reports the erroneous transfer to artoeso.com's Customer Services or where artoeso.com identifies such error itself, and may restore the relevant Member Account(s) to the status existing prior to the erroneous transfer reported by the Member.
5.6 The Member accepts and undertakes that they shall not make any claim under any name whatsoever due to service interruptions arising from unforeseen system crashes, errors or deficiencies caused by hardware or software, or due to interruption of the service received and/or inability to resume the service from where it left off. In such circumstances, artoeso.com shall take all necessary measures with due care to remedy the disruption as soon as possible.
5.7 artoeso.com may at any time change or cancel the terms relating to services provided on or through artoeso.com and may add new Service Channels. artoeso.com does not undertake that any product or service offered is a seasonal product or seasonal service.
5.8 Membership of artoeso.com is free of charge. Connection costs associated with Service Channels, including internet, television, mobile telephone, membership, WAP/internet connection, SMS sent by or to the Member, and other membership and/or additional usage fees, shall be the responsibility of the Member.
5.9 Transactions carried out through the SMS channel are subject to charges and may be charged differently depending on the type of transaction. artoeso.com reserves the right to change the prices of all services provided through the SMS channel. The Member accepts, declares and undertakes that they shall not claim compensation from artoeso.com for any loss or damage incurred due to price changes. SMS charges shall be reflected on the relevant operator's invoice for postpaid lines and deducted from the available credit for prepaid lines. artoeso.com shall not be responsible for changes to operators' tariffs.
5.10 artoeso.com shall be free to charge or not charge a service fee per call for transactions carried out through Customer Services. Where a fee is charged, artoeso.com reserves the right to change the relevant service usage fee. In the event of such a change, artoeso.com undertakes to inform the Member accordingly.
ARTICLE 6 – ADDITIONAL SERVICES
6.1 Acceptance of this Agreement shall also constitute acceptance of the terms of use applicable to all relevant sections of the artoeso.com website.
6.2 The Member accepts, declares and undertakes that they may benefit from campaigns and promotions within the conditions of use/eligibility determined by artoeso.com. artoeso.com reserves the right to unilaterally amend the general terms and conditions applicable to campaigns and promotions at any time.
6.3 The Member undertakes to use any discounts, gift vouchers and similar benefits earned in connection with membership within the periods specifically allocated to such benefits and, in any event, no later than the date on which membership terminates for any reason. Benefits not used within the relevant period shall expire, and the Member shall have no claim in this regard. Earned benefits may not be converted into cash under any circumstances.
6.4 artoeso.com shall have the right to offer Members different offers based on order history and behavioral analysis in its campaigns, promotions or general practices, and to conduct and/or modify such analyses at intervals determined by artoeso.com within its loyalty programs. All such practices shall remain valid for the periods determined by artoeso.com.
ARTICLE 7 – LIABILITY
7.1 In order to benefit from the services provided by artoeso.com, Members may be required to download and use software programs provided by third parties. In the event of any conflict between the terms of use of software programs provided by third parties and the terms of this Agreement, the terms of this Agreement shall prevail.
7.2 Under this Agreement, the scope of services offered to the Member may be expanded or reduced unilaterally by artoeso.com at any time, or the services may be discontinued. artoeso.com reserves the right to amend the provisions of this Agreement. Accordingly, the Member acknowledges that the scope of services provided under this Agreement does not constitute a commitment and may be changed.
7.3 All rights to all written, visual, audio, graphic and/or other materials contained on artoeso.com are reserved. The Member accepts, declares and undertakes that they shall not use and/or permit the use of any visual or audio material relating to the services and products provided by artoeso.com or their presentation in any manner without the prior written consent of artoeso.com, and shall not use, publish and/or market such materials in personal or publicly accessible media. The Member acknowledges that the copyrights to the software used by artoeso.com for the provision of its services belong to artoeso.com and undertakes not to reproduce or distribute such software in any manner or use it for any purpose other than receiving the services. artoeso.com shall have no liability for any damages arising from the Member's unauthorized use of or quotation from such materials. In such case, artoeso.com reserves the right to recourse against the Member for all losses and damages suffered and to pursue legal remedies.
7.4 All provisions of this Agreement providing for the exclusion or limitation of artoeso.com's liability shall apply provided that there is no gross negligence or fraud on the part of artoeso.com. artoeso.com reserves the right to recourse against the Member for all losses and damages, together with all ancillary claims, arising from matters for which the Member is responsible under this Agreement and to pursue all available legal remedies.
7.5 The failure of artoeso.com to exercise any of its rights arising under applicable legislation or this Agreement due to the Member's failure to comply with the rules and conditions required under this Agreement shall not constitute a waiver by artoeso.com of any such rights.
ARTICLE 8 – GENERAL PROVISIONS
8.1 Since this membership relationship is established in a virtual environment, this Agreement shall enter into force upon submission of the membership application and acceptance of such application by artoeso.com. The date of the Agreement shall be the date on which the membership application is accepted by artoeso.com following submission of the application.
8.2 The Member may not assign or transfer any rights or obligations arising from this Agreement to any third party under any circumstances.
8.3 The Member hereby irrevocably accepts the validity of the records maintained by artoeso.com in relation to the membership application and agrees that, in any dispute arising between the parties, all records, documents and books of artoeso.com, as well as all computer records, audio recordings, microfilms and microfiches, shall constitute conclusive and binding evidence. The Member declares and accepts that this provision constitutes an evidentiary agreement within the meaning of Article 193 of the Turkish Code of Civil Procedure (HMK) and releases artoeso.com from the requirement to offer an oath as evidence.
8.4 The parties agree and declare that the laws of the Republic of Türkiye shall apply to the interpretation and implementation of this Agreement and that the Ankara Central Courts and Enforcement Offices shall have jurisdiction over disputes arising therefrom.
8.5 Unless the Member provides written notice to the contrary, the address declared by the Member in the “Member Information” section shall be deemed to be the Member's legal notification address, and written notifications sent to such address shall have all legal effects of valid service of process. Unless otherwise stated on artoeso.com's website, artoeso.com accepts that the address specified in this Agreement shall be its legal notification address and that written notifications sent to such address shall have all legal effects of valid service of process.
This Agreement consists of 8 (eight) articles.
The person wishing to become a Member acknowledges, declares and undertakes that they have read this Agreement in its entirety, understood its contents, and accepted and approved all of its provisions without reservation.
Website: artoeso.com