TERMS OF USE

Any and all rights of this website https://exquise.com site ("Website") shall be possessed by Sulhan Moda Giyim San. Ve Tic. A.S. (“Exquise”). The Website shall be used by the Users and Members in accordance with the following terms and conditions. Please read the following Terms of Use of Website (“Terms of Use”) carefully before using the Website.

I. Remarks

You are required to agree and acknowledge the following terms and conditions in order to become a member of the Website. By using the Website, you shall have accepted such terms and conditions. Exquise shall be entitled to change the services, products, literary and artistic works, as provided under the Website and Website extensions, and any information and data, as provided on the Website, including the Terms of Use, without being required to serve any prior warning or notice, and also to suspend the broadcast of the Website, and also to cease the broadcast of the Website completely, and also to re-arrange the Website to the widest extent. The amendments to be performed by Exquise to the Terms of Use of the Website shall be effective upon their publication on the Website, and such amendments shall be deemed to have been accepted by the user upon entering the Website, accessing the Website in any manner whatsoever, or using the Website. The real or legal persons, who complete the form in order to become a member of the Website completely, and whose membership is deemed to be appropriate by EXQUISE, shall be considered as the "MEMBER". It is required to be 18 or older in order to become a member. The legal persons may only apply for membership through the agency of their legal representatives.

Any and all members and visitors, who log into the Website, and who visit the Website, and who use the Website in any manner whatsoever, and who access the Website, and/or who connect to the Website in any other manner whatsoever, ("User") hereby represent, acknowledge and warrant in advance that they shall comply with the Terms of Use of the Exquise Website. The term "User", as specified above, shall mean any user, who log into the Website by means of the member login or by logging therein in any manner whatsoever, or who use and review the Website, or who have connected to the Website by means of any communication device (mobile phone, computer, etc.), or who exchange or have exchanged electronic information through the Website.

II. Service Content

The service to be provided by EXQUISE trough the Website shall mean delivery of the products, which are offered for sales on the online shop website of EXQUISE, to the customer by the courier company within the period, as warranted, upon payment of their price by the member in the event that the state of stocks of EXQUISE are available.

III. General Terms and Provisions

EXQUISE shall constantly check the accuracy and up-to-dateness of the information available on the Website. However, the Members and Users should observe that such information may not always be up-to-date.

EXQUISE shall be entitled to cancel the membership at any time without being required to present any grounds thereto.

Any and all kinds of intellectual property rights (information, articles, pictures, brands, slogans and other signs, page layout, etc.) with respect to the Website shall exclusively shall be in the possession of EXQUISE. The fact that any intellectual property available on the Website is copied, changed and/or published partly or entirely, or that such intellectual property is transmitted, distributed, sold online or by using any other media shall be in breach of the Law Nr. 5846 on Intellectual and Artistic Works, and it shall be subject to the legal and criminal sanction.

The member shall be obliged to use her/his/its credit card safely. EXQUISE shall not be liable for any direct or indirect damage that may arise due to the breach of the agreement, wrongful act or other reasons.

EXQUISE may terminate this Agreement at any time without being required to serve any notice for such purpose, and it may transfer/assign the same either in whole or in part. Transfer of the Agreement by any user or member shall be null and void.

EXQUISE shall be entitled to discontinue broadcasting of the Website or to change its content due to any force majeure or at its own discretion and disposal.

The Users and Members shall be obliged to act in accordance with the public morality and manners, and any and all applicable national and international laws and regulations, and the communication and internet security during use of the Website. Any and all kinds of expressions, comments, articles, pictures, images and other information and documentation to be added to the Website by the Users must have the content and form that are in compliance with the public morality and manners as well as with the relevant national and international regulations.

It shall not be allowed to carry out any and all kinds of acts and actions, which may cause any damage to the software and hardware systems of the website, and which may affect its functioning negatively, or which may cause it to slow down. This also includes performance of multiple inquiries or creation of a membership account by using automatic programs or software, or submission of many requests or provision of information to the Website through the automatic methods.

The Members hereby acknowledge, represent and warrant that the passwords provided to the Members have exclusively been provided to the Members, and also that they shall not disclose such passwords to the other persons under any circumstances, and they shall otherwise be liable for any probable damage and loss.Exquise shall not be responsible for determination of the accuracy and completeness of the information provided by any member during the membership application. Exquise shall have no legal liability for any damage that may arise due to provision of any incorrect membership information.

Exquise shall be entitled to take any and all kinds of security measures, including prevention of the Users, who act in breach of the Terms of Use of the Website and the rules as specified above, from accessing the Website and cancellation of the membership thereof, and also to initiate a legal action against those who act in breach thereof.

Exquise shall not have any legal or criminal liability for any and all kinds of, and any and all, direct and indirect damages and/or losses, which may be incurred by the Users, Members or other third parties for any reason whatsoever, including but not limited to the use of the Website, or the use of the data and information provided on the Website, or the behaviors exhibited during such data and information, or any and all kinds of computer viruses, trojan and similar malware, from which it may be suffered due to the access to the Website. The Users hereby acknowledge, represent and warrant in advance that they shall not raise any demand or claim against Exquise under any name whatsoever due to the damages as specified above.

Any dispute that may arise from this "WEBSITE TERMS OF USE AND MEMBERSHIP AGREEMENT" shall be subject to the Laws of the Republic of Turkey, and it shall be submitted to and settled by the Courts and Enforcement Offices of the Central District of Istanbul.

I hereby acknowledge and represent that, in accordance with the Law Nr. 6563 on Regulation of the Electronic Commerce and pursuant to the Law Nr. 6698 on Protection of Personal Data (the “Law”), with respect to Sulhan Moda Giyim San. Ve Tic. A.S. and its companies, business partners and any and all institutions, with which it cooperates, and for information purposes such as campaigns, discounts, etc., I grant my explicit consent for processing of any and all of my personal data, which are owned by me, and which have been notified by me, and which have been granted, in writing, by me by using this form, and which are provided to you by me in any manner whatsoever, but not limited thereto, in order to create a sales history, and to create an invoice, and to issue an invoice, and to identify the loyalty card to the membership account, and to deliver the loyalty card and printed communication materials, and to deliver any product, and to send e-invoices, and to send newsletters, and to provide any information about the promotions and the other various campaigns, and to perform marketing communications, and to perform customer analyses, and to increase the customer loyalty, and to perform special production, and also to achieve the similar purposes, as well as for processing and use of such data in order to achieve such data processing purposes, and to carry out such data processing in compliance with the principles, processes, objectives and strategies of Exquise, and to protect the rights and interests and reputation of Exquise, as well as for transfer of such data to the subsidiaries of Sulhan Moda Giyim San. Ve Tic. A.S. and only as required by the data processing purposes and/or for the archiving purposes and as required by the services provided, if and when required to do so, as well as for disclosure of such data to the third party business partners, and to the public/private institutions and organizations/companies, from which any service/support/consultancy is procured, or with which it is collaborated, or which are the project/program/financial partner, and to the suppliers, and to any and all partners, company officials, banks, funds, companies of the subsidiaries of Exquise, and to the other third persons or organizations, as required by the principles, processes, objectives and strategies of Exquise and its subsidiaries, provided that I shall be entitled (i) to find out that whether my personal data have been processed, or not, and (ii) to request any information in the event that my personal data have been processed, and (iii) to find out the purposes, for which my personal data are processed, and to find out that whether such data have been used for the intended purposes, or not, and (iv) to find out the third parties, to which/whom my personal data have been transferred, and (v) to request correction of my incomplete or incorrect personal data, if available, and also to request that the third parties, to which/whom my personal data have been transferred, are notified of such matter, and (vi) to claim damages in case of any damage incurred by me due to processing of my personal data in a manner to be in breach of the Law. Pursuant to the Section 11 of the LPPD, your rights shall be as follows:

By applying to us, you shall be entitled:

a) to inquire whether your personal data has been processed, or not;

b) to request information if processed; and

c) to inquire the purpose of such processing, and the fact that whether such data has been used in line with its intended purpose, or not; and

d) ç) to be informed about the 3rd parties, to which/whom such data has been transmitted either domestically or internationally; and

e) to request correction if such data has been processed incompletely/incorrectly; and

f) to request deletion or disposal of such data in accordance with the requirements prescribed under the Section 7 of the LPPD; and

g) to request that the third parties, to which/whom such data is transmitted, are informed about the transactions, which have been performed pursuant to the subparagraphs (d) and (e) herein above; and

h) to raise an objection against emergence of an outcome that is to the detriment of you upon the exclusive analysis of any data processed by means of the automatic systems; and also

i) to claim for compensation of any and all damage and/or loss that might have been incurred by you in the event that such personal data has been processed in breach of the law.

As a concerned person, you can send your requests with respect to your rights, as specified above, to Exquise through the e-mail address "[email protected]". Exquise shall assess and conclude the incoming requests within a period of 30 (thirty) days at the latest. Although it is essential that no fee is requested with respect to the requests, Exquise shall be entitled to charge a fee based on the fee tariff determined by the Personal Data Protection Committee.

IV. Characteristics and Terms of Use of Gift Voucher

The duration and validity of the Gift Voucher is specified thereon. The Gift Voucher shall become invalid upon expiration of such period.The Gift Vouchers shall not be valid for the discounts and campaign products. A single Gift Voucher may be used per purchase, and the Gift Vouchers may not be combined. The amount of the Gift Voucher may not be used for more than one purchase. The Gift Vouchers may not be redeemed. The Gift Vouchers shall only be valid for online shopping performed through exquise.com. The unused amounts of the Gift Vouchers may not be refunded. No shopping lower limit shall be available in order to use the Gift Vouchers. The products purchased by using the Gift Vouchers shall only be replaced; however they shall not be returned. Your Gift Voucher shall be sent to your e-mail address, as defined on the system, after your shopping is completed. Please make ensure that you have entered the code available on the voucher without typographical or numeral error. The Gift Vouchers may not be used under a different customer account; they shall be specific to the person defined. They may not be transferred to any other person. You are required to fill in the membership form and to complete the contact information in order to enjoy the Gift Voucher campaign. Instructions For Use: You are required to activate your Gift Voucher code XXXXX in the cart by entering the code in the section “Please Enter Your Voucher Code” prior to performance of any payment. Otherwise, your Gift Voucher shall not be valid. The Gift Voucher code shall be deactivated after it is used.