BLOOMINBAG – TERMS AND CONTRACT OF USE
1. GENERAL PROVISIONS
1.1 Persons (“Users”) who visit and/or use in any way the website (“Website”) and mobile application (“Mobile Application”) located at “ www.bloominbag.com ” operated by ASMİN ÇANTA SANAYİ TİCARET LİMİTED ŞİRKETİ (“Company”) are required to read this Terms of Use before using the Website and Mobile Application. If the User does not accept the terms set forth in the Terms of Use, use of the Website and Mobile Application must be terminated immediately. By using the Website or Mobile Application and/or filling out the form containing personal information, the User will be deemed to have accepted and approved the terms and conditions set forth in this Agreement.
1.2 The Company reserves the right to change, reorganize, or discontinue any services, products, terms of use, and information provided on the Website and/or Mobile Application without prior notice. Changes will take effect on the date of publication on the Website and/or Mobile Application. The Company recommends that Users visit the legal notice page each time they access the Website and/or Mobile Application. These terms also apply to other linked websites.
2. RULES OF USE
The services provided on the Website and Mobile Application are free and open to all members unless otherwise stated. In the following cases, the User may be prevented from using the Website or Mobile Application, although legal rights are reserved for any person or persons identified as having a relationship with them:
2.1. It is prohibited to share content that is contrary to law, morality and public order, misleading or harmful on the site.
2.2. Unauthorized copying, reproduction, publication, modification of codes or use for commercial purposes of all or part of the Site or Mobile Application is prohibited.
2.3. The user cannot use information belonging to third parties (IP, e-mail, username, etc.) without permission; he/she is obliged to keep his/her username and password confidential.
2.4. If the user engages in a software or hardware attack that prevents the system from functioning, the user's account will be terminated and the user will be responsible for any damages that may arise.
3. CONTENT AND INTELLECTUAL PROPERTY RIGHTS
3.1. All content, images, text, graphics, software codes, and logos on the Website belong to or are licensed to the Company. No content may be used without prior written permission.
The Company is the owner or licensee of the general appearance and design of the Website and Mobile Application, as well as all information, images, trademarks, Website domain names, logos, icons, technical data presented in demonstrative, written, electronic, graphic or machine-readable formats, computer software, the implemented sales system, business methods, and business models on the Website and Mobile Application ("Materials") and all related intellectual and industrial property rights. The Materials are under legal protection. No Materials on the Website and/or Mobile Application, including code and software, may be modified, copied, reproduced, translated into another language, republished, uploaded to another computer, posted, transmitted, presented, or distributed without prior permission and without attribution. The Website and/or Mobile Application may not be used in whole or in part on another website or mobile application without permission.
3.2. Content uploaded to the site by the User may be used by the Company in an anonymized form for marketing and analysis purposes.
3.3 Users are directly responsible for any damages arising from the sharing of information, such as usernames and passwords, or usage rights assigned to or determined by Users, with third parties or organizations (including the use of such information by persons other than Users). Similarly, Users may not use personal information such as an IP address, email address, or username belonging to another person online, nor may they access or use other Users' private information without permission. Users are deemed to have accepted all legal and criminal liability that may arise from such use.
3.4. The Company is not responsible for any direct or indirect damages that may arise from the use of the Website or Mobile Application, other data and programs, whether due to breach of contract, tort, or any other cause. The Company assumes no liability for any interruption of the transaction, error, negligence, interruption, deletion, loss, delay in transaction or communication, computer virus, malfunctions in telecommunication lines, communication errors, theft, destruction, or unauthorized access to, alteration of, or use of records, whether arising from breach of contract, tort, negligence, or any other cause.
3.5. All content transmitted by the User via the Website and Mobile Application belongs to the Company and may be used for marketing purposes.
4. RESPONSIBILITIES
4.1. The User agrees that they will be deemed to have accepted all provisions of this User Agreement from the moment they start using the Website and/or Mobile Application, and that this Agreement will be binding on them. The User agrees to compensate the Company in kind for any damages incurred by the Company due to their breach of the obligations undertaken under this Agreement. The Company has the right to recourse against the User for any compensation and/or administrative/judicial fines it may be required to pay to public institutions and/or third parties due to the User's breach of this Agreement.
4.2. The actions taken by Users using the Website and Mobile Application (visit duration, time, pages viewed) are tracked to provide better service. This information may be shared with companies we collaborate with for advertising purposes, etc., to enhance the experience offered to Users of the Website and Mobile Application, expand and improve content, and adhere to confidentiality requirements.
4.3. While using the Website and Mobile Application services, the User agrees to comply with the Turkish Penal Code, the Turkish Commercial Code, the Law on Intellectual and Artistic Works, the Decree Laws on the Protection of Trademark and Patent Rights and other legal regulations, the Code of Obligations, and other relevant legislation, as well as all announcements and notifications published on the Website and Mobile Application. All legal, criminal, and financial liability that may arise from these announcements, notifications, and unlawful use shall be the sole responsibility of the User.
4.4. The User may not take any action that prevents or obstructs other Users from using the Website and/or Mobile Application, may not install automated programs to overwhelm/lock servers or databases, or attempt to cheat. If the User engages in any of the actions specified in this provision, the User's account will be terminated and they accept all legal and criminal liability that may arise from this situation.
4.5. The User may cancel their account at any time through the Website. By canceling their account, the User's access to the Website and Mobile Application will be revoked. The Company reserves the right to delete any records associated with a terminated User account. The User cannot claim any rights or compensation related to deleted records.
4.6. The Website and Mobile Application may contain links or references to other websites that are not under the control of the Company. The Company is not responsible for the content of these sites or any other links they contain.
4.7. Different rules and obligations specific to that section may be specified in certain areas of the Website and Mobile Application, provided that they are announced within the section content. Individuals and organizations using these sections are deemed to have accepted these rules in advance.
5. PRIVACY AND DATA SECURITY
5.1. The Company does not share personal data requested from users with third parties except in accordance with legal obligations and with user consent. Details are set out in the Privacy and Cookie Policy.
5.2. Credit card information is transmitted through the infrastructure of payment service providers and is not recorded by the Company.
5.3. The user agrees to the use of cookie technology and the collection of data for analysis purposes. This information may be used for group-based statistical analyses.
6. SERVICE CONTINUITY
6.1. To ensure the continuity of the services it undertakes, the Company may unilaterally amend this Agreement without notice and reserves the right to unilaterally suspend the service permanently or temporarily, change the content of the service, or cancel it at any time without justification. In the event of any changes, the Company will publish the updated Terms of Use on the Website under the same link, with a new date, and, if deemed necessary, notify Users via email. The updated Terms of Use will be effective from the moment it is published on the Website, and use of the Website and/or Mobile Application will be subject to the updated Terms of Use from that moment onward.
6.2. The User is deemed to have undertaken to comply with this Terms of Use from the moment they complete and confirm the registration form, or receive any service or place an order using this system. This Agreement will automatically become null and void upon any closure of the User's account.
7. Privacy Policy
7.1. To provide better service to Users, the Website and Mobile Application request certain personal information (name, age, email address, etc.). This data collected through the Website and Mobile Application is used within the Website and Mobile Application to run campaigns or conduct special promotional activities for the User's account. In addition to personal information, statistical data related to transactions made through the Website or Mobile Application is analyzed and stored.
7.2. The Company does not share the information submitted to it through membership forms with third parties without the Users' knowledge or instruction to the contrary, and does not use or sell it for any commercial purposes other than its operations.
7.3. The Website utilizes Google Analytics' Remarketing, Demographics, and Interest Reporting features. You can opt out of Google Analytics for Display Advertising by using ad settings, and Google Display Network ads can be customized. Demographic information provided by Google Analytics is used to customize the Website and, if applicable, ads displayed on the Website based on Users' interests. This information may be shared with ad publishers, along with information about other Users, when used for target audience studies. This information does not contain any personal information (name, surname, Turkish ID Number, gender, age, etc.), but is used to conduct studies on User trends as a group and to compile a target audience. By accepting this Terms of Use, you consent to the sharing of anonymous information with ad publishers for advertising and promotional purposes.
7.4. Third-party vendors, including Google, will display advertisements for the Website and Mobile Application in banner areas on publisher sites across the internet. The Website and third-party vendors, including Google, use first-party cookies together with third-party cookies to collect information about ads based on visitors' past visits to the Website and Mobile Application, and to optimize and serve ads.
7.5. Personal User information will only be disclosed to official authorities if requested by official authorities and in cases where disclosure is required in accordance with the provisions of the applicable mandatory legislation.
7.6. To maximize the security of Users shopping on the Website and/or Mobile Application, the User credit card information requested on the payment page is not stored on the servers of the Website, Mobile Application, or third-party service providers. This ensures that all payment transactions are conducted between the relevant bank and the User's device through the Website and Mobile Application interface.
7.7. By approving this Terms of Use, the User acknowledges that the information shared with the Company belongs to him/her and that this information may be shared with other legal entities affiliated with the Company for the purpose of carrying out sales and marketing activities and ensuring appropriate notification through all means of communication.
7.8. You can always unsubscribe from the e-mail list by clicking on the "If you do not want to be informed of campaign announcements, please click here" link at the bottom of the e-mails sent within the framework of your membership to the Website, or by leaving the "I want to receive advertising and announcement e-mails" option blank in the "Update Membership Information" field in the "My Account" section on the Website.
8. APPLICABLE LAW AND JURISDICTION
8.1. Turkish law shall apply to the implementation of this agreement. Istanbul Central Courts and Enforcement Offices shall have jurisdiction to resolve any disputes that may arise between the parties.
These Terms of Use shall enter into force on the date they are published on www.bloominbag.com .
ASMİN BAG INDUSTRY TRADE LIMITED COMPANY
ATATÜRK NEIGHBORHOOD MERIC ST. NO10/11 ATASEHİR, ISTANBUL
