Membership Agreement
MEMBERSHIP AGREEMENT
1. Parties
This Membership Agreement (the “Agreement”) is concluded electronically between ONZİPET İÇ VE DIŞ TİCARET A.Ş. (“Onzipet”), whose details are provided below, and the natural or legal person who registers with the www.onzipet.com website (the “Site”) (the “Member”).
| Registered Company Name | ONZİPET İÇ VE DIŞ TİCARET A.Ş. |
|---|---|
| Address | Karadenizliler Mah. Türkmen Sk. No:11/3 Başiskele/Kocaeli, Türkiye |
| MERSIS No. | 0772150050900001 |
| Tax No. | 7721500509 |
| Trade Registry No. | 33453 |
| [email protected] | |
| Telephone | 0 (262) 320 00 62 |
| Registered Electronic Mail (KEP) | [email protected] |
2. Definitions
- Site: The website with the domain name www.onzipet.com operated by Onzipet,
- Member: The natural or legal person who creates a membership account on the Site by accepting the Agreement,
- Account: The Member’s membership profile on the Site and the transaction area connected to that profile,
- Services: The membership account, product browsing, shopping cart, order tracking, saved addresses, requests and other online features.
These terms shall have the meanings stated above.
3. Subject and Scope of the Agreement
The subject of the Agreement is to determine the conditions governing the Member’s creation of a membership account on the Site and use of membership services, together with the rights and obligations of the parties.
This Agreement is not, by itself, a product sales agreement. Each purchase made through the Site is subject to the Preliminary Information Form, Distance Sales Agreement, return and withdrawal conditions presented to the Member during the order process, and applicable consumer legislation. Purchases may also be made on the Site without registering.
4. Establishment of Membership
- Membership is free of charge. Membership is established when the required information is entered in the registration form and the Member electronically confirms that they have read and accepted the Agreement.
- The Member accepts that they have legal capacity or that the membership process is completed with the knowledge and consent of their legal representative. A person creating an account on behalf of a legal entity declares that they are authorised to represent that legal entity.
- The Member is responsible for ensuring that the information provided during registration is accurate, current and complete. If the information changes, the Member must make the necessary updates through the Account.
- Onzipet may use reasonable methods, such as email or telephone verification, to establish membership, ensure Account security or verify information.
5. Account Security and Use
- The membership Account is personal and may not be transferred to or used by third parties. The Member must keep their password confidential and exercise due care to prevent unauthorised access.
- If the Member notices unauthorised use of the Account or suspects a security issue, the Member must change their password and inform Onzipet without delay.
- To the extent permitted by law, the Member is responsible for consequences arising from failure to take necessary security precautions or from sharing Account information with third parties. Onzipet’s liability for its own fault remains reserved.
- Transactions carried out through the Account may be deemed to have been performed by the Account holder unless reliable evidence demonstrates otherwise.
6. Member Obligations and Prohibited Uses
The Member agrees to use the Site in accordance with the law, the principles of good faith and the Agreement. The following conduct is prohibited:
- Creating an Account or carrying out transactions using false, misleading, fraudulent or third-party information,
- Attempting to disrupt the security or operation of the Site or other users’ use of it, uploading malicious software or attempting unauthorised access,
- Using automated tools, bots or similar methods to scrape data from the Site without permission, copy content or generate abnormal traffic,
- Misusing campaigns, coupons, discounts, points or other benefits, or exploiting technical vulnerabilities to obtain an unfair advantage,
- Sharing content that infringes the personality, privacy, intellectual property or other rights of others,
- Engaging in unlawful, fraudulent, threatening, insulting or criminal activity.
7. Membership Services, Orders and Sales Processes
- Through the Account, the Member may manage addresses, view past and current orders where available, track requests and use other membership features offered on the Site.
- Adding a product to the shopping cart or submitting an order request does not, by itself, guarantee stock availability or price. The conclusion and performance of an order are assessed under the sales documents presented during the order process and applicable legislation.
- The essential characteristics, sale price, payment, delivery, withdrawal and return conditions of products are separately displayed to the Member before an order is placed. The consumer’s rights arising from mandatory legislation are not restricted in any way.
- If an order cannot be fulfilled due to insufficient stock, a supply issue or an obvious technical error, the Member is informed and any amount collected is refunded within the period and by the method prescribed by law.
8. Payment, Invoicing and Delivery
- Payments may be made using the methods displayed on the Site through the contracted payment service provider PayTR and the relevant banks or financial institutions. The full card number, CVV/CVC security code and card PIN are not stored in Onzipet’s systems.
- Invoices and electronic documents are issued based on the information provided by the Member during the order process and are delivered or made accessible in accordance with applicable legislation.
- Deliveries are made in accordance with the conditions specified during the order process through MNG Kargo, UPS or other contracted carriers stated on the Site.
- Detailed provisions concerning payment, delivery, cancellation, returns and withdrawal are set out in the Preliminary Information Form and Distance Sales Agreement for the relevant order.
9. Product Reviews and User Content
- Where a review or rating feature is offered on the Site, the Member is responsible for ensuring that the content shared is lawful, not contrary to the truth and does not infringe third-party rights.
- Reviews containing personal data, advertising, spam, insults, threats, misleading information, obscenity, intellectual property infringement or unlawful material may not be published or may be removed.
- The Member permits content submitted for publication to be displayed on the Site for product review purposes. This permission does not constitute a transfer of any intellectual property rights the Member may have in the content.
10. Commercial Electronic Communications and Transactional Notifications
- Creating a membership does not require consent to receive commercial electronic communications. Campaign, advertising and marketing communications by email, SMS or telephone are sent only where separate consent has been given for the relevant communication channel.
- The Member may withdraw consent to receive commercial communications at any time using the opt-out method in the communication, through the Message Management System (İYS), or by contacting Onzipet.
- Mandatory notifications directly related to a transaction, such as membership, Account security, orders, payment, invoicing, shipping, cancellation and returns, are not considered commercial marketing communications and may be sent to carry out the relevant transaction.
11. Protection of Personal Data and Cookies
The Member’s personal data is processed in accordance with Law No. 6698 on the Protection of Personal Data and applicable legislation. Detailed information on data categories, purposes of processing, legal bases, recipients of transfers, retention principles and data subject rights is provided in the KVKK Privacy Notice published on the Site.
Non-essential analytics, performance, personalisation and advertising cookies are used only where the necessary legal conditions are satisfied and consent is given through the cookie preference panel. The Member may change cookie preferences at any time. Further information is provided in the Cookie Policy.
12. Intellectual Property Rights
The intellectual and industrial property rights in the Site’s design, software, database, trademarks and logos, as well as its text, images, photographs, graphics, videos, product presentations and other content, belong to Onzipet or the relevant rights holders. Such content may not be copied, reproduced, published, modified, distributed or made available to third parties for commercial purposes without the rights holder’s prior written permission. Personal and limited use rights arising from applicable legislation remain reserved.
13. Suspension and Termination of Membership
- The Member may request termination of membership at any time by using the relevant section of the Account or contacting [email protected].
- Depending on the nature of the violation, Onzipet may temporarily restrict or suspend the Account or terminate membership where the Agreement or applicable legislation is violated, fraud is suspected, campaigns are misused, the rights of others are infringed, or Account/Site security is endangered.
- Except for urgent security measures and legal restrictions, the measure taken and its principal reason are communicated to the Member by an appropriate method. The Member may submit an objection or request a review through [email protected].
- Termination of membership does not eliminate incomplete orders or accrued rights and obligations of the parties. Personal data that must be retained by law is kept for the applicable retention period; other data is deleted, destroyed or anonymised in accordance with applicable legislation.
14. Site Operation, Maintenance and Force Majeure
- Onzipet takes reasonable technical and administrative measures to ensure the secure and uninterrupted operation of the Site. Services may be temporarily interrupted due to maintenance, updates, security work, infrastructure failures or events beyond Onzipet’s reasonable control.
- To the extent that events beyond reasonable control, including natural disasters, epidemics, war, terrorism, strikes, energy or communication outages, cyberattacks and actions by public authorities, prevent performance of obligations, the parties are not held liable to the extent permitted by law. Mandatory consumer rights and obligations to refund amounts collected remain reserved.
15. Liability
- Onzipet is responsible for providing the Site and membership services in accordance with applicable legislation and, within the scope of the law, for damage caused by its own fault.
- To the extent Onzipet is not at fault, Onzipet is not responsible for consequences arising from the Member’s unlawful conduct or breach of the Agreement, provision of incorrect information, allowing third parties to use the Account, or security deficiencies in the Member’s own device or internet connection.
- Nothing in the Agreement may be interpreted as excluding Onzipet’s liability arising from intent or gross negligence or eliminating the consumer’s rights under mandatory legislation.
16. Amendments to the Agreement
Onzipet may update the Agreement due to changes in applicable legislation, the operation of the Site or the membership services offered. Changes materially affecting the Member’s rights and obligations are communicated before they enter into force through the Site, Account, email or another appropriate method. Amendments do not apply retroactively or eliminate acquired rights. A Member who does not accept an amendment may terminate membership free of charge.
17. Notices and Communication
Onzipet may send notices concerning membership and transactions to the email address or telephone number registered in the Member’s Account or to the notification area on the Site. The Member is responsible for keeping contact information up to date. This provision does not replace any specific notification or service method required by applicable legislation.
18. Dispute Resolution and Governing Law
- The Agreement is governed by the laws of the Republic of Türkiye.
- A Member who qualifies as a consumer may apply to the Consumer Arbitration Committee or Consumer Court in their place of residence or in the place where the consumer transaction was carried out, subject to the applicable monetary limits and jurisdictional rules.
- For disputes that are not consumer transactions, the Courts and Enforcement Offices of Kocaeli have jurisdiction unless another court has exclusive jurisdiction under the law.
19. Severability and Preservation of Rights
If any provision of the Agreement becomes invalid or unenforceable, this does not affect the validity of the remaining provisions. Failure to exercise a right does not constitute a waiver of that right. Mandatory provisions of applicable legislation and the consumer’s statutory rights remain reserved in all circumstances.
20. Entry into Force
By voluntarily selecting the “I have read and accept the Membership Agreement” checkbox during registration, the Member declares that they have read and understood the entire Agreement and accept its provisions. The Agreement enters into force on the date electronic approval is given and remains valid until membership is terminated.