This agreement has been signed between HPN Aksesuar Tasarim San. Tic. LTD. STI resident in Nişantaşı ıhlamur yolu no 61 D6 Erdek apt Teşvikiye / İstanbul (to be referred as "Happy-Nes" in short hereafter) and the member (“Member”) of www.Happy-Nes.com internet site (“Site”) under the conditions below.
A. Commencement of the Agreement
The Member may get to use the Site entering the e-mail address and password providing that s/he complies with the prescribed conditions within this Agreement after s/he has completed registration procedures and approved e-mail address.
In the event that the Agreement is signed on behalf of a legal entity, the contracting person is to have accepted and undertaken that s/he is authorized to make such a transaction on behalf of the relevant legal entity; otherwise (in case of an authorized transaction) would be personally liable for all the operant actions hereafter.
The Member undertakes that s/he shall be deemed to have acknowledged all the conditions within the Agreement and that these conditions shall be binding for her/him from the moment s/he has commenced to make use of the Site. Happy-Nes reserves the right to notice the Member of alterations and modifications in below-mentioned conditions on its own discretion if required as per regulations or this Agreement.
Rights and Liabilities of the Member
The Site is an open site for everyone who is a member of it. Services on the site are free of charge.
The Member accepts and declares that when making use of the Site, s/he will act according to the conditions within the Agreement and rules prescribed within given parts of the Site.
The Member agrees to comply with Code of Obligations, Turkish Penal Code, Turkish Commercial Code, Code of Intellectual and Artistic Works; Laws, Statutory Decrees and other related Legislation Provisions Concerning the Protection of Trademark and Patent Rights and any announcements and notifications to be published by Happy-Nes related to its services when making use of services rendered on the Site. Any legal, penal and financial liabilities to arise from contrary usage against such notifications and laws belong to the Member.
The Member shall indemnify any loss to be incurred by Happy-Nes due to wrongful acts against the liabilities undertaken by her/him via this Agreement, and Happy-Nes possesses the specific claim of recourse from the Member related to any compensation, administrative/judicial fine it shall be obliged to pay to the public bodies and/or third parties due to wrongful acts of the Member against the Agreement.
The Member may not do preventive or obstructive acts against other members or visitors to make use of the Site; may not interlock the servers or databases downloading automatic programs and make fallacious attempts on data; otherwise s/he agrees that her/his membership shall end and s/he shall undertake any legal and penal liability to arise from this case.
To keep the backup of in-Site correspondences is under the responsibility of the persons themselves and is suggested by Happy-Nes. Happy-Nes may not be held responsible for loss and deletion of the back-ups due to failure of keeping the back-ups of the correspondences.
Happy-Nes is free to cancel or not any record belonging to membership account terminated by Happy-Nes or the Member her/himself. The Member may not claim any right or compensation related to the cancelled records. Yet, the Member reserves the right to be notified about personal data belonging to her/him, access to such data, claim for correction or deletion of them and learn whether it is used in accordance with the purposes or not.
The Member accepts and declares that when making an entry or doing shopping on the Site, given personal and other information is accurate and that in case of inaccuracy of such information, s/he shall be indemnify any loss of Happy-Nes due to this situation in full and promptly.
Risks related to links (links that prompt other different internet sites) on the site to provide information and convenience for visitors on Site belong to the Member. These links are allowed by Happy-Nes within the content of the Site only to provide visitors information and convenience.
Audio-graphic contents presented on Site are only for personal use. Right is reserved for all the texts, graphics, videos, pictures, animations and audios taking part in the content of the Site; unless indicated otherwise, it may not be used for commercial or personal purposes without permission and reference. Without permission of Happy-Nes, it is forbidden to publish or give a link related to any of the Site materials on any other media platforms or internet sites.
Works belonging to Happy-Nes on Site subject to its copyrights may under any circumstances not be used, sold out, shared, distributed, exhibited, copied, processed and subject to derivative works by the Member. Otherwise, the Member accepts and declares that s/he shall be liable for the entire loss incurred or to be incurred by Happy-Nes.
It is strictly forbidden to copy or make use of the software used during the design of pages and creation of database any right of which belongs to Happy-Nes.
The Member may not delete or extract any notes within the scope of copyrights, trademarks and Code of Intellectual and Artistic Works upon any material copied from the Site or printed via the printer.
Interrelations of the Site users among themselves or with third parties are under their own responsibility.
The Member may anytime cancel the email membership easily with a single-clicking on the link "Please click to be out of our e-bulletin list" under the sub-section of the emails in the event that s/he wishes to be out of the daily-weekly sent emails list. Besides, s/he may easily cancel the email membership via "my memberships" section on the membership page.
C. Rights and Liabilities of Happy-Nes
In case of below mentioned cases, Happy-Nes has the right to cancel all the rights arising from the law as well as related operations, to stop the use by the Member, to terminate the membership of the Member and to cancel this Agreement unilaterally promptly:
In case of recording wrong, irregular and misleading information on Site which contains statements inappropriate with reference to public decency and laws of Republic of Turkey;
In case works or data partaking in the Site are used or tried to be used copying them partially or completely;
Where a disclosure with the third parties comes up related the rights of use of information such as user name or password given to the Members by Happy-Nes or determined by them as a result of being a member of the site, the Member is directly responsible for misuse of her/his password by other persons. Accordingly, the Member may not make use of IP address, e-mail address, user name and miscellaneous information belonging to others on the internet where s/he also may not reach or make use of private information of the Members without permission. Any legal or penal liabilities to arise from such use belongs to the Member;
In case software that may threaten the general security of the Site, prevent the running of the Site and software used are applied align with related operations to be done or tried to be done, and information is obtained, deleted or changed;
In case the Member damages Happy-Nes taking advantage of any deficit of Happy-Nes campaigns, sales system or the Site (technical, etc.), obtains an unfair advantage, and a misuse of sales system or the Site in a manner of repeated applications is determined by Happy-Nes;
In case the Member does an act against the conditions within the Agreement, prescribed rules within the given parts of the Site and applicable legislation when making use of the Site or doing shopping;
Upon being a member of the Site, to render a better service, some personal information is required among which are name, surname, e-mail address, telephone number, gender, date of birth, identification number (Republic of Turkey), taxpayer identification number, personal interests, invoice and delivery addresses. In addition to such information, collective statistical data not containing personal information such as frequency and times of visiting the site, times of orders and IP address during the time of order, statistics related to visited product pages and products ordered are also collected and used to analyze and understand the visitor movements and choices.
Happy-Nes will make use of customers' e-mail addresses and personal information collected in its databank; periodic campaign operations to be sent over periodically; set-up of special promotion activities related to customer profiles, and customer classification operations related to not sending junk emails only within Happy-Nes.
Information related to credit cards and/or bank cards used during creation of an order may under no circumstances be hidden in our systems.
Information collected in the Site is used to carry out and complete order processes and provide contact related to our customers; to give information about products, services, campaigns and promotions, to understand the shopping preferences of customers better; to make trend and statistical analyzes and to strengthen the site security.
To enrich and develop the content section of the Site, to make some statistical assessments or to fulfil the operations of Happy-Nes and advertise, information that is used on the site about issues such as advertising, procurement and similar issues may be benefited or disclosed to companies in cooperation (shipment, delivery, call center, database companies and etc.) and related state authorities where legal liabilities make it necessary. However, Happy-Nes may not make use of such information for commercial reasons out of its operations or sell it out to third parties on no consideration. This provision does not constitute an impediment for the assignment of the agreement to the third parties. Moreover, Happy-Nes is liable to hide information about the Members as required by law. However, the Member reserves the right to be notified about personal data belonging to her/him, access to such data, claim for correction or deletion of them and learn whether it is used in accordance with the purposes or not.
When using credit card for payment of product cost in return for the received product via the Site, the Member is deemed to have accepted the requirement to share the credit card number, credit card expiry date, CVV2 code and similar information with the bank.
Happy-Nes has the right to make use of all information related to membership in its own operations throughout the term of the agreement or even after the termination of the Agreement providing that it adheres to this Agreement and applicable legal regulation.
Happy-Nes undertakes that it shall make the Member avail of contractual services and shall not disclose the information opened to share by the Member to the third parties except for legal obligations and specified cases out of technical faults and providing that it reserves the right to suspend the services rendered by it unilaterally temporarily or permanently, change or cancel the content. In the event that it is determined that the Member has obstructed the running of the Site through any electronic sabotage and/or attack or officials claim a denunciation or inquest related to the Member, Happy-Nes has the right to investigate and express the information about the relevant Member.
D. Assignment, Scope and Term of the Agreement and Enforcement
The Agreement shall be void immediately and automatically without any notification in case of termination of the membership or any of the cases of termination considered within the Agreement
The Member accepts in advance that where required by Happy-Nes, it may cancel the Site membership and terminate this Membership Agreement providing that it notifies the Member of the reason.
Happy-Nes may make amendments within this Agreement unilaterally any time and with no prior notification to ensure the continuity of its undertaken services. Providing that the final objective of the Site and services rendered remain the same in principle, Happy-Nes has the right to suspend the services temporarily or permanently, make modifications on or cancel the content of the Site, including announced prices, without any justification and unilaterally. Where necessary, Happy-Nes shall announce the updated membership conditions align with updated date under the same link on the Site and notify this to the Member. Updated membership conditions shall be valid as of the announcement and use of the Site or services shall be bound to the current membership conditions as of that very moment.
Different rules and obligations may be determined for some certain parts of the Site which are exclusive to the given part. The Member making use of such parts is deemed to have read and understood the relevant rules.
The Member irrevocably accepts and declares that Happy-Nes may assign the Agreement to third parties and that it allowed the assignment of the Agreement in advance via this Agreement as per Article 205 of Code of Obligations.
E. General Provisions
Validity, interpretation and performance of this Agreement are subject to laws of Republic of Turkey. İstanbul Central Courts and Enforcement Courts are authorized to resolve the disputes to arise from the implementation of this Agreement.
The email address given by the Member upon being a member of the Site is regarded as the legal notice address for any notification in the future related to this Agreement.
Where parties fail to notify the other party about changes in current email addresses within three (3) days, they undertake that notifications to be made to the old email addresses shall be valid and deemed to have been received by them.
Any notification made using the registered email address of the Member shall be considered as having reached to the Member one (1) day after the email has been sent over by Happy-Nes. The Member accepts and declares that s/he has read, understood and accepted all the articles within this Agreement and approved the accuracy of given information.
F. Contact Information of the Company
To get further information, please contact Happy-Nes.com via contact information or via telephone number and e-mail address mentioned below any time.
HPN Aksesuar tasarim Sanayi ve Ticaret LTD STI.
Adres: Nişantaşı ıhlamur yolu no 61 D6 Erdek apt Teşvikiye / İstanbul
Telephone: 0212 2967980
Customer Services: firstname.lastname@example.org