Terms Of Service

Please read these terms of use carefully before using our site.

Customers who use this (product sales, e-commerce) site and who communicate through this site are deemed to have accepted the following terms!

The web pages on our website and all pages linked to it are owned and operated by the company “Vivablues” (the “Company”) at the address “www.vivablues.com”. You ('User') are subject to the following terms when using all the services offered on the site, by using and continuing to use the service on the site; You are deemed to have accepted that you have the right, authority and legal capacity to sign a contract according to the laws you are bound to and that you are over the age of 18, that you have read and understood this contract and that you are bound by the terms written in the contract.

This contract imposes rights and obligations on the parties regarding the site subject to the contract, and when the parties accept this contract, they declare that they will fulfill the rights and obligations mentioned in this contract completely, accurately, timely, within the conditions requested in this contract.

1. RESPONSIBILITIES

a. The company always reserves the right to make changes to prices and the products and services offered.

b. The company accepts and undertakes that the member will benefit from the services subject to the contract, except for technical failures.

c. The user agrees in advance that he / she will not reverse engineer the use of the site or take any other action to find or obtain their source code, otherwise he / she will be liable for damages arising in the presence of third parties and that legal and criminal proceedings will be taken against him / her.

d. The user agrees that he/she will not produce or share content that is contrary to general morality and decency, against the law, damaging the rights of third parties, misleading, offensive, obscene, pornographic, damaging personal rights, violating copyrights, promoting illegal activities in his/her activities within the site, in any part of the site or in his/her communications. Otherwise, he/she is fully responsible for the damages that may occur, and in this case, the 'Site' authorities may suspend or terminate such accounts and reserve the right to initiate legal proceedings. For this reason, it reserves the right to share information about the event or user accounts from the judicial authorities.

e. The relationships of the members of the Site with each other or with third parties are their own responsibility.

2. Intellectual Property Rights

2.1. All registered or unregistered intellectual property rights such as title, business name, trademark, patent, logo, design, information and method contained in this Site belong to the site operator and owner company or the person concerned and are under the protection of national and international law. Visiting this Site or utilizing the services on this Site does not give any rights to the intellectual property rights in question.

2.2. The information contained on the Site may not be reproduced, published, copied, presented and/or transferred in any way. The whole or part of the Site may not be used on any other website without permission.

3. Confidential Information

3.1. The Company will not disclose the personal information provided by users through the site to third parties. This personal information; It includes all kinds of other information to identify the User such as name-surname, address, telephone number, mobile phone, e-mail address, and will be briefly referred to as 'Confidential Information'.

3.2. The User accepts and declares that he/she consents to the company that owns the Site to share his/her contact, portfolio status and demographic information with its affiliates or group companies to which it is affiliated, limited to its use only within the scope of promotional, advertising, campaign, promotion, announcement, etc. marketing activities. This personal information may be used to determine the customer profile within the company, to offer promotions and campaigns suitable for the customer profile and to conduct statistical studies.

3.3. Confidential Information may be disclosed to the official authorities only if such information is duly requested by the official authorities and in cases where disclosure to the official authorities is mandatory in accordance with the provisions of the mandatory legislation in force.

4. No Warranty:

THIS CONTRACT CLAUSE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE SERVICES OFFERED BY THE COMPANY ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ARE MARKETABLE, NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES OR APPLICATION (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

5. Registration and Security

The User is obliged to provide accurate, complete and up-to-date registration information. Otherwise, this Agreement will be deemed to be violated and the account may be closed without informing the User.

The User is responsible for password and account security on the site and third party sites. Otherwise, the Company cannot be held responsible for data loss and security breaches or damage to hardware and devices.

6. Force Majeure

If the obligations arising from the contract cannot be performed by the parties due to reasons such as natural disasters, fire, explosions, civil wars, wars, riots, popular movements, declaration of mobilization, strikes, lockouts and epidemics, infrastructure and internet failures, power outages (hereinafter collectively referred to as “Force Majeure”), which are not under the control of the parties, the parties are not responsible for this. During this period, the rights and obligations of the Parties arising from this Agreement are suspended.

7. Completeness and Applicability of the Agreement

If one of the terms of this contract becomes partially or completely invalid, the rest of the contract shall remain valid.

8. Changes to be made in the Agreement

The company may change the services offered on the site and the terms of this contract partially or completely at any time. Changes will be effective from the date of publication on the site. It is the User's responsibility to follow the changes. The User is deemed to have accepted these changes by continuing to benefit from the services offered.

9. Notification

All notifications to be sent to the parties regarding this Agreement will be made via the Company's known e-mail address and the e-mail address specified by the user in the membership form. The user agrees that the address specified while becoming a member is the valid notification address, that in case of change, it will notify the other party in writing within 5 days, otherwise the notifications to this address will be deemed valid.

10. Evidence Agreement

In all disputes that may arise between the Parties for transactions related to this contract, the parties' books, records and documents and computer records and fax records will be accepted as evidence in accordance with the Civil Procedure Law No. 6100, and the user agrees not to object to these records.

11. Dispute Resolution In the resolution of any dispute arising from the implementation or interpretation of this Agreement, Istanbul (Central) Courthouse Courts and Execution Offices