PRELIMINARY INFORMATION

This Preliminary Information Form (“ Form ”) has been prepared in accordance with the Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts, and relevant applicable legislation.

ARTICLE 1: PARTIES

• Sales person

Company Name: The Organized Mess Design Clothing Accessories and Trade Ltd.

Address: Esentepe Neighborhood, Büyükdere Street, Ferko Signature No: 175, Inner Door No: 6, B1 - Kolektif House Şişli, Istanbul

Phone: 05327379232

Email address: hello@theorganizedmess.com

Mersis Number: 0843073091500001

From now on, he/she may be referred to as " Seller ".

• Buyer

The person making the purchase is the customer.

Name and/or Title:

Address:

Telephone :

Email Address:

From now on, it may be referred to as " the Buyer ".

ARTICLE 2: SUBJECT AND SCOPE

The subject of this Form is to inform the Consumer, in accordance with the provisions of the Law No. 6502 on Consumer Protection ( “Law” ) and the current Regulation on Distance Contracts (“ Regulation ”), regarding the sale and delivery of the product(s) specified below with their characteristics and sales prices (“Product(s)”).

The subject of this Form is the determination of the rights and obligations of the Parties in accordance with the provisions of the Law and Regulations regarding the sale and delivery of the Product, which has the characteristics specified in the Form where the Consumer electronically pre-ordered the purchase of goods, through the Seller's website www.theorganizedmess.com ("Website").

If the terms used in this Form are not explicitly defined in this Form, the definitions contained in the Law and Regulation shall also apply to them.

ARTICLE 3: CHARACTERISTICS OF THE PRODUCT SUBJECT TO SALE

The product type and kind, quantity, brand/product name, details, and sales price including taxes (quantity x unit price) are shown in the sections below.

Product Type
Brand
Model
Color
Quantity
Sale price
Sales price including VAT/Taxes
Delivery Fee
Total Amount to be Paid
Payment Method
Interest Difference
*Costs not calculated at the time of ordering the product may be subject to additional payment by the Buyer after the order process is completed.

Shipping costs, which are the cost of delivering the product, will be paid by the Buyer unless a shipping company specifically designated by the Seller on the Website is used, or if the Buyer does not prefer such a company. In case of return, the shipping fee will not be refunded.

ARTICLE 4: GENERAL PROVISIONS AND DELIVERY OF PRODUCTS

The consumer declares that they have read and are aware of the basic characteristics of the products, the sales price, the payment method, and preliminary information regarding delivery on the Website, and that they have provided the necessary confirmation electronically. By confirming this Form electronically, the buyer confirms that they have received accurate and complete information from the Seller prior to the conclusion of the sales contract stipulated in the distance sales agreement, including the address, the basic characteristics of the ordered products, the price of the Products including taxes, and payment and delivery information.

Delivery of goods will be made within the promised timeframe after payment is received. The seller shall deliver the goods or services, subject to the exception that the fulfillment of the order becomes impossible, to the seller's address or the buyer's address, at the buyer's preference, within 15 (fifteen) calendar days following full payment by the buyer after the order is placed.

The shipping cost, which is the cost of delivering the product, will be paid by the Buyer if the Seller does not specifically state on the Website that they will cover the shipping costs, or if the Buyer chooses a shipping company even if one is stated to be covered by the Seller. In case of return, the shipping cost will not be refunded.

The seller is responsible for ensuring that the Product is delivered in good condition, complete, conforming to the specifications stated in the order, and including any warranty documents and user manuals, if applicable.

The seller may deliver a different product of equal quality and price to the buyer before the expiration of the performance obligation period, either for a justifiable reason or by informing the buyer and obtaining their explicit consent.

If the Buyer does not accept the procedure for transferring personal data within the Seller's Website, the Seller will redirect the Buyer to another online platform where the Product selected on the Site is sold and the price of the Product is not higher than the price stated on the Website.

If the Seller is unable to fulfill its obligations due to the impossibility of delivering the ordered goods or services, it shall notify the Buyer of this before the expiry of the performance deadline and refund the total amount, which is not subject to refund by administrative authorities, within 20 (twenty) business days. However, amounts determined by administrative authorities, such as special consumption tax, which are among the amounts to be refunded, shall be refunded to the Buyer within 20 business days following the date on which these amounts were paid to the Seller by the relevant authority.

Electronic confirmation of the Form is required for product delivery. If, for any reason, the full payment for the product is not made or is cancelled in the bank records, the Seller shall be deemed released from the obligation to deliver the Product.

If, after delivery of the Product, the bank or financial institution fails to pay the Total Amount Due to the unauthorized or unlawful use of the Buyer's credit card by unauthorized persons due to no fault of the Buyer, the Consumer is obliged to return the Product to the Seller within 3 (three) days, provided that it has been delivered to the Consumer. In this case, the shipping costs shall be borne by the Buyer. If the Product has not been delivered to the Buyer, the Seller shall be relieved of its obligation to deliver the Product.

If the Seller is unable to deliver the Product within the specified time due to force majeure or extraordinary circumstances preventing delivery, the Seller is obligated to inform the Buyer as soon as possible after becoming aware of the situation.

If the Seller is unable to deliver the Product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or disruptions to transportation, the Seller is obligated to inform the Buyer. In this case, the Buyer may choose to cancel the order, replace the Product with an equivalent if available, and/or postpone the delivery until the hindering situation is resolved. If the Buyer cancels the order, the amount paid will be refunded in full within 20 (twenty) business days. For payments made by credit card, the product amount will be returned to the relevant bank within 20 (twenty) business days after the Buyer cancels the order. Since the reflection of this amount in the Buyer's account after the return to the bank is entirely related to the bank's processing time, the Consumer acknowledges in advance that the Seller cannot intervene in any way for possible delays and that it may take an average of 3 (three) weeks for the amount returned to the credit card by the Seller to be reflected in the Buyer's account by the bank.

Sellers periodically offer promotional campaigns on their products. These campaigns are for a limited time and are subject to the terms and conditions. The seller reserves the right to make any updates to the campaign terms and conditions and to terminate the campaign early.

ARTICLE 5: RIGHT OF WITHDRAWAL

The buyer may exercise their right to withdraw from the contract within 15 (fifteen) business days from the date of delivery of the product to themselves or to the person/entity at the address indicated, provided that the product meets the conditions specified in the Form, without incurring any additional legal or criminal liability and without giving any reason.

The withdrawal period begins on the date the product is delivered to a third party designated by the Buyer or Seller. However, the Buyer may also exercise the right of withdrawal during the period between the conclusion of the Distance Sales Agreement and the delivery of the product.

In determining the withdrawal period;

1. a) In the case of goods that are the subject of a single order but delivered separately, on the day the consumer or a third party designated by the consumer receives the last item,
2. b) In the case of goods consisting of multiple parts, on the day the consumer or a third party designated by the consumer receives the last part,
3. c) In contracts where the goods are delivered regularly over a specified period, the day the consumer or a third party designated by the consumer receives the first item of goods.

is taken as the basis.

The costs arising from the exercise of the right of withdrawal shall be borne by the Buyer. To exercise the right of withdrawal, notification must be given within 15 (fifteen) days via the designated withdrawal area on the website where the order was placed, and the Product must not have been used under any circumstances that would prevent the exercise of the right of withdrawal under this clause. In this context, Products returned using the right of withdrawal must be delivered complete and undamaged, including their packaging and any standard accessories.

 

If the right of withdrawal is exercised,

3. a) The invoice for the product delivered to a third party or the Consumer. (If the invoice for the product to be returned is issued to a company, it must be sent together with the return invoice issued by the company. Returns of orders invoiced to companies cannot be completed unless a return invoice is issued.)
4. b) Refund request,
5. c) Products to be returned must be delivered complete and undamaged, including the box, packaging, and any standard accessories.
6. d) The Seller is obliged to return the price and any documents that place the Buyer under obligation, excluding amounts that must be refunded to the Seller by the relevant administrative authorities, within a maximum of 15 (fifteen) days from the date of receipt of the cancellation notice, and to take back the goods within 20 business days.
7. e) If the value of the goods decreases or return becomes impossible due to a fault of the Buyer, the Buyer is obligated to compensate the Seller for the damages in proportion to the Buyer's fault.
8. f) If the amount falls below the campaign limit set by the Seller due to the exercise of the right of withdrawal, the discount amount received under the campaign will be cancelled.
9. g) If the product returned due to the right of withdrawal is returned using a shipping company other than the one specified by the Seller, the shipping costs shall be borne by the Buyer. In this case, the Buyer shall be responsible for any damage or loss that may occur to the Product.

ARTICLE 6: PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The following items cannot be returned according to the Regulation: goods prepared according to the buyer's requests or explicitly tailored to their personal needs, which are unsuitable for return due to their nature and are susceptible to rapid deterioration or have a high probability of exceeding their expiration date; goods whose protective elements such as packaging, tape, seal, or wrapping have been opened; products whose return is not suitable for health and hygiene reasons; products that are mixed with other products after delivery and are inherently impossible to separate; goods or services whose price fluctuates depending on fluctuations in financial markets and are beyond the seller's control; periodicals such as newspapers and magazines, except those provided under a subscription contract; services performed instantly in electronic form or intangible goods delivered instantly to the consumer; services whose performance has begun with the consumer's consent before the expiration of the withdrawal period; and audio or video recordings, software programs, and computer consumables, provided that their packaging has been opened by the consumer.

ARTICLE 7: RESOLUTION OF DISPUTES

Consumers shall submit their complaints regarding the goods and services they have purchased to the Seller or Intermediary Service Provider via the contact addresses specified in Section 1 of the Form. Depending on the value of the purchased product as determined by the Ministry of Trade, the Buyer may apply to the Provincial or District Consumer Arbitration Board or the Consumer Court in the place where the product was purchased or where the Buyer resides, whichever institution is authorized to handle the case.

ARTICLE 8: OTHER PROVISIONS

Once this form has been read and accepted electronically by the Consumer, the process of establishing a Distance Sales Agreement will begin. By signing the Distance Sales Agreement, the Consumer acknowledges, undertakes, and declares that they accept the terms and conditions of this Form.

This form is an integral part of the Distance Selling Agreement.

I confirm that I have received the preliminary information specified in this Form.

Seller: The Organized Mess Design Clothing Accessories and Trade Ltd. Co.

Buyer:

History:

 

 

 

DISTANCE SALES AGREEMENT

This Distance Sales Agreement (“ Agreement ”) governs the sale, delivery, and other aspects of the Product(s) (“ Product(s )”) that the Buyer (Consumer) wishes to purchase by ordering them through the website www.theorganizedmess.com (“ Website ”) owned by The Organized Mess Tasarım Giyim Aksesuar ve Ticaret Ltd. Şti. (“ Seller ”), including transactions made via the application on their mobile device. After the Buyer approves this Agreement on the website, the price and costs of the ordered Product(s) will be collected via the payment method chosen by the Buyer.

 

1. PARTIES

1.1. Seller

The seller is authorized to sell the Product and is a party to this Agreement.

Company Name: The Organized Mess Design Clothing Accessories and Trade Ltd.          

Address: Esentepe Mah. Büyükdere Cad. Ferko Signature No: 175 Inner Door No: 6 Şişli Istanbul      

Phone: 05327379232    

Email Address: hello@theorganizedmess.com

Mersis Number: 0843073091500001

From now on, he/she may be referred to as " Seller ".

1.2. Receiver

The person who purchases the Product as a customer.

The following address and contact information shall be used for the performance of the obligations under this Agreement.

Name and/or Title:

Address:

Telephone :

Email Address:

From now on, it may be referred to as " the Buyer ".

In this Agreement, the Buyer and the Seller will be referred to individually as " Party " and collectively as " Parties ".

2. SUBJECT

The subject of this Agreement is the sale and delivery of the Product, the characteristics and sales price of which are specified below, ordered electronically by the Buyer from the website www.theorganizedmess.com , and the determination of the rights and obligations of the Parties in accordance with the Law No. 6502 on the Protection of Consumers ( “Law” ) and the Regulation on Distance Contracts (“ Regulation ”).

Unless explicitly defined in this Agreement, the definitions contained in the Law and Regulations shall also apply to the terms used within this Agreement.

3. SUBJECT OF THE AGREEMENT: PRODUCT

The subject of this Agreement is the purchase by the Buyer of the Product, the details of which, including the Product's model, color, quantity, sales price, and payment method, are described in detail in Article 4.2 of this Agreement and in the Product Specifications (" Product Specifications ") included in Annex 1.

4. GENERAL PROVISIONS

• The Buyer declares that they have read and are aware of the preliminary information contained in the Preliminary Information Form on the Website regarding the essential characteristics of the Product subject to this Agreement, the sales price including all taxes, the payment method, delivery and the fact that the delivery costs will be borne by the Buyer, the delivery period, and the Seller's full trade name, address and contact information, and that they have provided the necessary confirmation electronically, and that the Preliminary Information Form is an integral part of this Agreement.
• While the basic features of the product are available on the website, details regarding the vehicle's specifications and price are as follows:

Product Type
Brand
Model
Class
Color
Quantity
Sale price
Sales price including VAT/Taxes
Price Calculation
Delivery Fee
Total Amount to be Paid
Payment Method
Interest Difference
*Costs that could not be calculated at the time of ordering may be subject to additional payment by the Buyer after the order process is completed.

 

• This agreement shall enter into force upon electronic confirmation by the Buyer and shall be deemed fulfilled upon delivery of the Product purchased by the Buyer from the Seller. The Product will be delivered to the address specified by the Buyer in the order form and in this Agreement.

 

• The Buyer acknowledges, declares, and undertakes that they have read and are aware of the preliminary information contained in the Preliminary Information Form on the Seller's website regarding the essential characteristics of the product, its sales price, payment method, and delivery details, and that they have provided the necessary confirmation electronically. The Buyer's electronic confirmation of the Preliminary Information Form (" Preliminary Information Form "), which is provided to them via the Website before the signing of this Agreement and contains the necessary preliminary information regarding this Agreement and the Product, constitutes the Buyer's acknowledgment, declaration, and undertaking that they have received accurate and complete information from the Seller regarding the address, the essential characteristics of the ordered products, the price of the products including taxes, and payment and delivery information, prior to the conclusion of the distance sales contract.
• The Product subject to this Contract will be delivered at the Seller's expense within the timeframe specified in the preliminary information on the Website for each Product, provided that this period does not exceed 30 (thirty) days as stipulated by law. Except in cases where the Parties explicitly agree otherwise and/or the Buyer is unable to receive the Product due to force majeure (e.g., the Buyer being unable to receive the Product due to health reasons), the Product will be delivered only to the Buyer personally, against their wet signature confirming delivery. In cases where the Parties explicitly agree otherwise and/or the Buyer is unable to receive the Product due to force majeure, the Product will be delivered to the person specified in writing by the Buyer, against their wet signature confirming delivery, and the Seller will be deemed to have fulfilled all its delivery obligations upon such delivery.
• The Seller is responsible for delivering the Product subject to this Agreement in sound and complete condition, conforming to the specifications stated in this Agreement, the Product Information Form, and the Product Specifications, and accompanied by warranty documents and, if applicable, user manuals.
• The Seller may, provided there is a justifiable reason or by informing the Buyer and obtaining their explicit consent, supply the Buyer with a different Product of equal quality and price before the expiration of the performance obligation arising from the Contract.
• If the Seller is unable to fulfill its contractual obligations due to the impossibility of delivering the ordered Product for any reason, it shall notify the consumer of this situation before the expiration of the performance period arising from the Contract and shall refund the price of the Product to the Buyer within 14 (fourteen) days in accordance with Article 5 of the Contract.
• Delivery of the Product subject to this Contract is conditional upon payment of the Contract price by the Buyer. If, for any reason, the full price of the Product is not paid or is cancelled in the bank records, the Seller shall be deemed released from its obligation to deliver the Product. Payment terms are specified in the Product Specifications.
• The Buyer is obligated to include a statement in the payment transaction description indicating the order number for the Product and that the payment is for the purchase price of the Product. The Buyer is solely responsible for all risks and damages, including the risk of a repayment, arising from the failure to include this statement.
• The Buyer acknowledges and agrees that the credit card information provided during the purchase is accurate and that they are solely responsible for all legal and criminal liabilities arising from the use of this credit card. If, after delivery of the product, the bank or financial institution fails to pay the Seller the Product Price due to the unauthorized or unlawful use of the Buyer's credit card by unauthorized persons, not resulting from the Buyer's fault, the Buyer is obligated to return the Product to the Seller within 3 (three) days, provided the Product has been delivered to them. In this case, the shipping costs shall be borne by the Buyer. If the Buyer fails to return the Product within the period specified above, and if, for any reason, the Product Price is not charged to the credit card or is refunded to the credit card, the Buyer hereby acknowledges, declares, and undertakes that the Product Price will be transferred to the Seller's bank accounts without any further notice.
• If the Seller is unable to deliver the Product subject to this Contract within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or interruptions in transportation, the Seller is obligated to notify the Buyer within 3 (three) days of becoming aware of the situation. In this case, the Buyer may choose to cancel the order, replace the Product subject to this Contract with an equivalent if available, and/or postpone the delivery until the hindering situation is resolved. If the Buyer cancels the order, the amount paid will be refunded in full within 14 (fourteen) days, in accordance with Article 5 of this Contract.
• In cases where the Buyer makes a payment by credit card, the product amount will be refunded to the relevant bank within 14 (fourteen) days after the order is cancelled by the Buyer. Since the reflection of this amount in the Buyer's account after its refund to the bank is entirely related to the bank's processing time, the Buyer acknowledges, declares, and agrees in advance that the Seller cannot intervene in any way for possible delays and that it may take an average of 2 (two) to 3 (three) weeks for the amount refunded to the credit card by the Seller to be reflected in the Buyer's account by the bank.
• The Buyer hereby acknowledges, declares, and undertakes that the information provided in this Agreement is accurate and will immediately, in cash and in full, compensate the Seller for all damages the Seller may suffer due to any inaccuracy of this information, upon the Seller's first notification, without the need for any court order.
• The Buyer hereby accepts, declares, and undertakes to comply with and not violate the provisions of legal regulations while using the Seller's website. Otherwise, the Buyer shall be solely and exclusively responsible for all legal and criminal liabilities arising therefrom.
• The Buyer hereby acknowledges, declares, and undertakes that, in addition to the matters stated in the Contract and Product Specifications, they are aware of the following matters related to Product C and have no claims or objections regarding these matters.

 

• The Buyer may not use the Seller's website in any way that disrupts public order, violates general morality, disturbs or harasses others, for an illegal purpose, or infringes upon the material or moral rights of others. Furthermore, members may not engage in activities that prevent or hinder others from using the services (spam, viruses, Trojan horses, etc.).
• The Seller's website may contain links to other websites and/or content that are not under the Seller's control and/or are owned and/or operated by other third parties. These links are provided for the Buyer's convenience and do not constitute an endorsement of any website or the person operating that website, nor do they provide any guarantee regarding the information contained on the linked website.
• The Buyer shall be personally liable, both criminally and legally, for any breach of any clause or clause in this Agreement, and shall hold the Seller harmless from the legal and criminal consequences of such breach. Furthermore, in the event that the matter is brought to court due to such breach, the Buyer reserves the right to claim compensation for any damages incurred by the Seller.

5. RIGHT OF WITHDRAWAL

• The buyer has the right to withdraw from the contract within 15 (fifteen) days of delivery of the Product to himself or to the person/entity at the address he indicated, without having to give any reason.
• The buyer may also exercise the right of withdrawal during the period between the conclusion of the contract and the delivery of the goods.
• To exercise the right of withdrawal, notification must be given to the Seller within 15 (fifteen) days via the withdrawal area created on the website where the order was placed. If this right is exercised,
• The invoice for the Product delivered to the individual or Buyer (If the invoice for the Product to be returned is issued to a company, it must be sent together with the return invoice issued by the company when returning the Product.)

1. Refund request,
2. Products to be returned within 15 (fifteen) days must be delivered complete and undamaged, including packaging and any standard accessories.

• The product price will be refunded to the Buyer within 15 (fifteen) days following the receipt of the aforementioned documents by the Seller and delivery of the Product to the Seller.
• If the buyer exercises their right of withdrawal and has already paid the prepayment for the product, the seller will refund the amount.
• When returning the product to the Seller, the original invoice presented to the Buyer upon delivery of the product must also be returned. This invoice must be sent to the Seller along with the product or at the latest within 5 (five) days of the product being shipped. The invoice to be returned with the product must also be marked "return invoice" and signed by the Buyer.
• If the Buyer exercises their right of withdrawal, the Seller shall be responsible for the costs of registering the Product in the Buyer's name. The Buyer is obligated to cooperate fully with the Seller throughout this process, to carry out all necessary procedures for registration in the Seller's name, and to fully fulfill all obligations mentioned above regarding the return process. Otherwise, the Buyer shall be liable to immediately and in full, upon first demand, for all direct or indirect damages incurred by the Seller as a result, without the need for any court order.
• If the value of the Product decreases or return becomes impossible due to a fault of the Buyer, the Buyer is obligated to immediately compensate the Seller for the damages in proportion to the Buyer's fault, upon first demand, in cash and in full, without the need for any court order. However, the Buyer is not responsible for changes and deteriorations caused by the proper use of the Product within the withdrawal period.

6. DEBTOR DEFAULT

In the event of the Buyer's default, the Buyer agrees to indemnify the Seller for all and all losses and damages incurred due to the delayed performance of the obligation. If the Buyer's default is due to the Seller's fault, the Buyer shall not be obligated to compensate the Seller for any losses or damages.

7. COMPETENT COURT

The buyer may apply to the Provincial or District Consumer Arbitration Board or the Consumer Court in the place where the product was purchased or where the buyer resides, depending on the value of the purchased product as determined by the Ministry of Customs and Trade.

.

8. VARIOUS PROVISIONS
   • The Buyer acknowledges and declares that they have read all the terms and conditions written in this Agreement and the Preliminary Information Form, which forms an integral part of it, and that they are aware of all the matters written in this Agreement, including the basic features and characteristics of the Products subject to sale, the sales price, the payment method, the delivery conditions, all other preliminary information and declarations regarding the Seller and the Product subject to sale, and the right of withdrawal; that they have seen all of this electronically on the website; and that by ordering the Product and giving their electronic confirmation, approval, acceptance, and consent to all of these, they accept the terms of this Agreement. Both the aforementioned preliminary declarations and this Agreement are also sent to the email address provided by the Buyer to the Seller, and the confirmation of receipt of the order, along with the order summary, is also included in the said email.

 

• The buyer is responsible for inspecting the product for any damage. If the product shows any visible damage for any reason, the buyer is obligated to return the product, have a damage report drawn up by the carrier, and refuse to sign any delivery documents. The seller is not responsible for any damage or missing items in products received that are damaged.

 

• The Seller's website and this Agreement and its annexes are prepared in Turkish. In case of any difference and/or contradiction between the Turkish and other language texts, the Turkish text shall prevail.

 

• Except for the power of attorney fee required for the purchase of the Product under this Agreement, all taxes, duties, fees, and stamp duty payments are the responsibility of the Seller.

 

• This Agreement consists of 8 (eight) main clauses and entered into force on the date the order was placed.

 

MEMBERSHIP AGREEMENT

ARTICLE 1 - PARTIES:

 

This Membership Agreement (“Agreement”) is entered into electronically between THE ORGANIZED MESS DESIGN CLOTHING ACCESSORIES AND TRADE LIMITED COMPANY ( “ Company ”), located at Kuruçeşme Mah. Öksüz Çocuk Sokak No:12 Beşiktaş İstanbul, and all persons (“Member”) who are members of the website www.theorganizedmess.com (“Website”) . The Company and the Member will hereinafter be referred to collectively as the “Parties”.

 

ARTICLE 2 - SUBJECT OF THE AGREEMENT:

 

The subject of this Agreement is to determine the terms and conditions of use and access to the products and services that the Member will purchase through the Website owned by the Company.

 

ARTICLE 3 - RIGHTS AND OBLIGATIONS OF THE MEMBER:

 

1. The member acknowledges, declares, and undertakes that all information provided during initial membership registration and thereafter is accurate and complete, and that deliveries will be made in accordance with the information specified in this Agreement.
2. Members are obligated to update their information if any changes occur to the information they provide in the form. The Member is responsible for any errors and resulting damages arising from failure to update this information. The scope of this information is determined by the Company and may be changed or expanded as needed. The Member may change and update this shared information at any time. To maintain their membership, the Member must provide the necessary information and update their information if any changes occur.
3. By signing this Agreement, the party acknowledges that they have read and understood this Agreement and are aware of their rights and obligations.
4. Membership is acquired upon completion of the membership process on the Website (and upon conclusion of this Agreement).
5. The Member declares that in order to gain membership, open an account or use the services in any way , they are at least 18 (eighteen) years old (or older) and understand and accept these terms and conditions. If the Member is at least 13 (thirteen) years old and has the capacity to understand and make reasoned decisions, they must use the Website only when accompanied by a parent or legal guardian, and in this context, the Member declares that their parent or legal guardian has reviewed and accepted this Agreement. No one under the age of 13 (thirteen) may use the services in any way.
6. The company may share the Member's information with relevant official authorities to comply with the requirements of regulatory or enforcement actions or judicial decisions of official authorities, and only to the extent requested. Unless a confidentiality order exists from the relevant official authority, the Member will be informed of such action. The company may also disclose the Member's personal information when it believes in good faith that it is necessary to protect and defend its own rights and property.
7. The terms of this Agreement have been prepared taking into account the provisions of the Turkish Code of Obligations. The binding nature and content control stipulated in Article 21 of the Turkish Code of Obligations have been carried out by the Member. None of the provisions of this Agreement are of a nature alien to the nature of this agreement and the specifics of the work (Suspicious Terms).
8. Members may withdraw from membership at any time. In this case, the Member notifies the Company of their desire to withdraw and ensures that the necessary procedures for their removal from membership are carried out. Once these procedures are completed, the withdrawal process is finalized. Until the date of withdrawal, the rights and obligations arising from the Agreement and the provisions that must remain in effect even if the Agreement is terminated (compensation for breaches, final provisions, etc.) will not be affected.

 

ARTICLE 4 - USE OF THE SERVICE BY THE MEMBER AND SERVICE FEE:

1. After visiting the relevant section of the Website, completing the required sections for registration, and becoming a party to this Agreement, the Member may begin to use the products and services offered by the Website under the terms of this Agreement. The products and services offered by the Company may only be used by the Member for lawful purposes.
2. Membership to the website is free.
3. The Company may, at its sole discretion, create promotional codes or campaigns related to its products and related services. The Company will inform Members about these promotional codes or campaigns if the Member has chosen to be informed. The Member acknowledges and declares that they will not engage in any transaction and/or action that may exploit the service offered by the Company through the promotion or campaign, and that if they are between 13-18 years of age and have the capacity to understand, they have obtained the consent of their parent or legal guardian for participation in the relevant promotion/campaign. Promotional codes or campaigns must be used in accordance with their purpose and the law, must not be transferred to another person unless approved in writing by the Company, and must only be used in compliance with the conditions stipulated for the promotion or campaign. Promotions or campaigns may be canceled by the Company at any time without any reason. The Member has no right to claim any compensation against the Company regarding the canceled promotion or campaign. The Member also has the option to refuse the receipt of commercial electronic communications at any time, as provided during the consent process for receiving such communications. Users can always opt out of receiving commercial electronic communications regarding promotions/campaigns.

 

ARTICLE 5 - RIGHTS AND OBLIGATIONS OF THE PARTIES

 

1. The Member declares and undertakes that the personal and other information provided while registering on the Website is accurate, and that they will immediately compensate the Company for all damages incurred due to the inaccuracy of this information and/or the Member's failure to update their information despite changes to it.
2. The right to use the password received as part of membership for accessing the Website belongs exclusively to the Member. The Member may not give this password to any third party. The Member is solely responsible for all legal and criminal liabilities related to the use of the password and the system access tools (username, etc.) used to access the Website.
3. Members cannot transfer their membership to another person.
4. The Member agrees, declares, and undertakes to comply with all legal regulations and not to violate said regulations while using the Website. Otherwise, all legal and criminal liability arising therefrom shall belong entirely and exclusively to the Member.
5. Members may not use the Website in any way that disrupts public order, violates general morality, disturbs or harasses others, for an illegal purpose, or infringes upon the intellectual and copyright rights of others. Furthermore, Members may not engage in activities that prevent or hinder others from using the services (spam, viruses, Trojan horses, etc.), nor may they engage in activities that threaten the security or impede the operation of the Website or software.
6. The opinions, thoughts, images, messages, comments, and expressions stated and written by Members on the Website are exclusively the personal opinions and thoughts of the Members themselves, and the Member is solely responsible for the consequences of these opinions and thoughts, depending on the circumstances. These opinions, images, comments, messages, and thoughts have no connection or affiliation with the Company. The Company shall not be held liable for any damages that third parties or institutions may suffer due to the opinions and thoughts expressed or messages, comments, or images shared by a Member, or for any damages that a Member may suffer due to the opinions and thoughts expressed or images, comments, or messages shared by third parties or institutions.
7. The Company will not be held responsible for the unauthorized reading of Member data or for any damage that may occur to Member software and data. The Member hereby agrees not to claim compensation from the Company for any damage that may be incurred as a result of using the Website.
8. The member agrees not to access or use the software and data of other internet users without authorization. Otherwise, the member shall be solely responsible for all legal and criminal liabilities arising therefrom.
9. The Website may contain links to or references to other websites or applications that are not under the control of, established by, operated by, or regulated by the Company. The Company is not responsible for the content of such other applications or websites, or for any links and/or references they contain, or for the products/services they offer. These links do not constitute an endorsement of the owner or operator of the linked website, nor do they represent any statement or guarantee regarding any information, statement, or image contained therein. Similarly, the Company is not responsible for any products, services, or other content advertised or promised by advertisements, promotions, or banners featured on or linked from the Website.
10. The company may transfer its rights and obligations arising from this Agreement to third parties.
11. In the event that the Member breaches the terms of this Agreement, the Member shall be personally liable for all criminal and legal consequences arising from such breaches. The Member shall hold the Company harmless from all damages, lawsuits, claims, and demands that may arise as a result of the breaches. Furthermore, the Company reserves the right to claim compensation from the Member for said breaches.
12. The Company always reserves the right to unilaterally suspend or terminate a Member's membership and delete all information, data, documents, and files belonging to the Member, without incurring any liability or being obligated to pay compensation.
13. The website's overall appearance, design, and software are the property of the Company, and the copyright and/or other intellectual property rights related thereto are protected by relevant laws. Members may not use, acquire, or modify these without permission. The main companies and products mentioned on the website are trademarks of their respective owners and are also protected under intellectual property rights. The use or accessibility of the website or its content by the Member under the conditions provided by the Company does not grant the Member any intellectual or industrial property rights and/or any ownership or power of disposal.
14. The Company may disclose the Member's personal information to third parties (a) where disclosure is required by applicable laws or regulations or a court order or administrative order, and/or (b) with the Member's consent, and/or (c) in accordance with the Cookie and Privacy Policy and Disclosure Statement accessible through the Website, and/or (d) in accordance with the exceptional circumstances set forth in this Agreement. The Company may review the Member's confidential information or records to access information and documents requested for investigation purposes.
15. Measures have been taken within the available means to ensure that the Website is free from viruses and similar malicious software. However, for ultimate security, the Member is responsible for providing and implementing their own virus protection system. In this context, by becoming a member of the Website, the Member acknowledges that they are responsible for all errors (including but not limited to spam, viruses, and Trojan horses) that may occur in their software and operating systems, and for all direct or indirect consequences thereof.
16. The company reserves the right to change the content, design, and software of its products, related services, and the Website at any time, to modify, suspend, or terminate any service provided to Members, and to delete user information and data registered on the Website at any time.
17. The Company may update, amend, or terminate the terms of this Agreement at any time without prior notice or warning. Each updated, amended, or terminated provision shall be effective for the Member from the date of publication.
18. The Member is responsible for providing the necessary network access to use the Website. The Member is aware that when accessing the Website from a device with wireless internet access, mobile network data may be used, and messaging rates and charges may apply. It is the Member's responsibility to provide the appropriate software and devices necessary to use the Website, to ensure updates are provided, and to keep the Website up-to-date. The Company does not guarantee or warrant in any way that the Website or any particular device or software will work, or that the functions contained in the materials will be uninterrupted or error-free. The Member acknowledges that the Website may be subject to malfunctions and delays depending on internet usage. The Company assumes no responsibility for any problems the Member may experience due to interruptions in access to the Website caused by technical problems.
19. The disclaimers written for the Company under this Agreement also apply to the Company's employees and partners.
20. Without the prior approval of the Company, it is prohibited for a Member to link to another website, the content of a website, or any data on the network in any transaction they conduct through the Website.
21. All credit card transactions and approvals during Website usage are carried out online between the relevant banks and similar card organizations independently of the Website (information such as credit card passwords are not seen or recorded by the Company). Information entered for membership, product/service purchase, and information updates on the Website, as well as sensitive confidential information related to credit cards and bank cards, cannot be viewed by other internet users.
22. Electronic Commercial Communication: The Company has the right, pursuant to this Agreement, to send informational emails to the email addresses registered with it and informational SMS messages to the mobile phones of its Members. By approving this Agreement, the Member is deemed to have accepted the sending of informational emails to their email address and informational SMS messages to their mobile phone. If the Member wishes to opt out of receiving emails and/or SMS messages, they can cancel their subscription by sending an email to kvkk@theorganizedmess.com.

 

ARTICLE 7 - TERMINATION OF THE AGREEMENT

1. Subject to the termination options set forth in this Agreement, the Member and the Company may terminate this Agreement at any time. This Agreement shall remain in effect until the Member cancels their membership or their membership is canceled by the Company. The Company may unilaterally terminate the Member's membership if the Member violates any provision of the membership agreement.
2. The termination of the Membership Agreement is carried out by following the termination procedures on the Website. The termination shall have no effect on the rights and obligations arising from the Agreement up to the termination date, nor on the provisions that, by their nature, must remain in effect even if the Agreement is terminated (compensation for breaches, final provisions, etc.).

 

ARTICLE 8 - FINAL PROVISIONS

 

1. Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the Republic of Türkiye.
2. Competent Court: The Istanbul Courts and Istanbul Enforcement Offices shall have jurisdiction over all disputes arising from or related to this Agreement.
3. Integrity of the Agreement and its Annexes: The annexes to this Agreement shall constitute an integral part of this Agreement and may not be interpreted separately.
4. Exclusive Evidential Value: The parties agree that in any disputes arising under this Agreement, the Company's documents and electronic records shall constitute exclusive evidence with respect to such dispute.

 

Company Contact Information: The company's contact information is as follows:

 

Title: THE ORGANIZED MESS DESIGN CLOTHING ACCESSORIES AND TRADE LIMITED COMPANY

 

Address: Esentepe Neighborhood, Büyükdere Street, Ferko Signature No: 175, Inner Door No: 6, Şişli, Istanbul

 

Email: hello@theorganizedmess.com

 

The email address provided by the Member to the Company shall be deemed the legal and valid address for all notifications related to this Agreement.

 

8.6 Transactions Conducted via the Website: Transactions conducted via the Website and constituting declarations of intent shall be deemed binding declarations of intent on the Parties in accordance with the Turkish Code of Obligations, consumer legislation, and other applicable legislation.

 

This Agreement is concluded and enters into force mutually at the moment the Member becomes a member.