CONTRACT

A. PARTIES

This Membership Agreement and its annexes have been electronically concluded and entered into force simultaneously between the Federation of Furniture Associations and Businesspeople, located at “______________” (hereinafter referred to as "MOSFED") and the person or entity operating and providing services at www.heartmadefurniture.com (hereinafter referred to as the "MEMBER") who has approved and accepted this agreement and its annexes.

B. CORPORATE INFORMATION

Commercial Name
Trade Registry
Head Office Address
Contact Number
E-Mail Address
Registered E-Mail Address
Tax ID Number
Central Registration System

C. HEADING

The subject of this agreement is to promote the products of individuals and/or legal entities established and operating in the furniture sector in Turkey to countries around the world through the website www.heartmadefurniture.com

D. DEFINITIONS

SERVICE PROVIDER: MOSFED operates as a "Service Provider" under the Law No. 5651 on "Regulation of Publications Made on the Internet and Combating Crimes Committed Through These Publications."

INTERMEDIARY SERVICE PROVIDER: According to Law No. 6563 on the "Regulation of Electronic Commerce," the status of MOSFED as an intermediary service provider refers to its role in providing an electronic commerce environment for users to conduct their economic and commercial activities on the portal. Under Article 9 of Law No. 6563, MOSFED is not responsible for monitoring the content of users engaged in economic and commercial activities on the portal or for investigating whether any unlawful activities or situations related to such content or products/services exist. Therefore, each user is exclusively responsible for the content of their own economic and commercial activities.

PLATFORM: Başta www.heartmadefurniture.com alan adı ve altındaki internet adresleri olmak üzere, cep telefonu, tablet ve bilgisayar gibi teknolojik araçlarda çalışan, MOSFED tarafından veya yer sağlayıcı olarak hizmet verdiği 3. şahıslar tarafından sunulan ürün, hizmet veya içeriklere erişilen MOSFED yazılımlarının ve internet adreslerinin tümünü ifade eder MOSFED gerek gördüğü taktirde sunulan ürün, hizmet ve içeriklerin internet sitesi adreslerini değiştirebilir. Değişiklik halinde bildirilen alan adı hizmet sunum yeri olacaktır.

WEBSITE: It refers to the domain www.heartmadefurniture.com and its associated subdomains.

MEMBER: It refers to all members, whether commercial entities aiming for profit or non-profit tradespeople, who have the right to use the products, services, or content provided on the Platform within the scope of membership agreements and authorities.

MEMBER TYPE: It refers to the different membership types or statuses classified as traders, artisans, etc., as determined by MOSFED, according to the procedures and principles for benefiting from the products, services, and content offered on the Platform, along with the usage terms and rules.

MEMBERSHIP AGREEMENT: It refers to the contract and its annexes, which are approved by those applying to become a "Member" on the Platform through a secure electronic signature, wet signature, or other electronic methods. The Terms of Use, Rules and Policies, Personal Data Protection Policies, and other information and documents published on the Platform are an integral part and annex of this membership agreement

MEMBERSHIP ACCOUNT: "Membership account" refers to the personal internet page set up by the member, which can be accessed exclusively using a username and password chosen and committed by the member. It includes a comprehensive set of pages where the member can conduct commercial, administrative, financial, and legal transactions and tracking. It also includes pages where the member communicates with other members and with MOSFED, and where they can view comments and ratings related to their activities on the platform.

VISITOR: It refers to all individuals or legal entities that access the platform other than the members.

MOBILE APPLICATION: These are the software used to access the products, services, and content offered by MOSFED at the domain www.heartmadefurniture.com and its subdomains from devices such as smartphones or tablets.

TERMS OF USE, RULES, AND POLICIES: The "Terms of Use, Rules, and Policies" refer to all usage conditions, procedures, and principles, including pricing, operations, responsibilities, obligations, applicable rules and penalties, and legal responsibilities specified by MOSFED, which are continually published on the portal and pertain to the products, services, and content offered on the portal. MOSFED reserves the right to make changes or updates to these terms, rules, and policies as deemed necessary or due to legal requirements or other reasons. Changes or updates become effective as soon as they are published on the portal. MOSFED may notify members of these changes or updates via email, SMS, or other confirmation and notification methods if deemed necessary.

LAW ON PROTECTION OF PERSONAL DATA: Including the Law No. 6698 on the Protection of Personal Data (PDPL), all applicable laws, international treaties, regulations, directives, communiqués, general notices, and decisions of the Personal Data Protection Board related to the protection of personal data in Turkey.

SENSITIVE PERSONAL DATA: According to Article 6/1 of the Law No. 6698 on the Protection of Personal Data (PDPL), special categories of personal data include information related to a person's race, ethnicity, political opinions, philosophical beliefs, religion, sect, or other beliefs, appearance, membership in associations, foundations, or unions, health, sexual life, criminal convictions and security measures, as well as biometric and genetic data.

PERSONAL DATA PROCESSING: The processing of personal data refers to any action performed on the data, including its collection, recording, storage, maintenance, alteration, restructuring, disclosure, transfer, acquisition, making accessible, classification, or restriction of use, whether done fully or partially through automated means or non-automated means as part of a data recording system.

DATA OWNER/INTERESTED PERSON: The individual whose personal data is processed

E. GENERAL ACCEPTANCES AND RULES

MOSFED, with the aim of boosting Turkey’s furniture sector exports and enhancing its prestige in global markets, provides an opportunity through its website for real and/or legal entities established and active in Turkey’s furniture sector to share their stories and promote their products within the specified limits.
MOSFED’s website is not an e-commerce site but a prestige platform created to fulfill the aforementioned purpose. It also facilitates connecting visitors from various countries with the right actors to meet their needs. To avoid any misunderstanding, MOSFED facilitates the promotion of companies in Turkey's furniture sector via its website but does not conduct any sales on behalf of these real and/or legal entities. Under this promotional facilitation, the MEMBER bears all costs related to the business (such as shipping, customer service, and other services) entirely on their own.
All natural and/or legal persons operating in the furniture sector in Turkey may become members of the website and create their own pages if they provide the information and documents requested by MOSFED and these are approved by MOSFED.
The MEMBER can create only one membership using the phone number and/or email address provided during the application process. MOSFED does not grant multiple login rights and provides only a single user account.
The MEMBER agrees, irrevocably, to adhere to the usage conditions, rules, and policies specified on the platform, as well as to comply with all applicable laws and ethical standards. By accepting the "Membership Agreement," the MEMBER acknowledges and agrees to all usage conditions, rules, and policies on the platform.
The MEMBER is responsible for accurately filling out the information requested in the application form to benefit from the services specified in this agreement and for recording it as indicated in the system. MOSFED will not be held liable for any incorrect information entered by the MEMBER that violates the system's rules. The MEMBER agrees, declares, and undertakes to be solely responsible for ensuring that all information uploaded to the system is accurate and complete, to update the information as necessary, and not to provide incorrect or incomplete information. In case of any material or moral damage caused to MOSFED and/or third parties, the MEMBER will be solely liable.
The MEMBER is required to upload their brand's logos, a summary of the brand’s mission and vision, contact information (such as official address, phone number, email), sales channels, and product images and information to their page. After the MEMBER uploads this information, it will be reviewed by software or real persons designated by MOSFED. The approval for uploading to the page will be granted if the content does not violate mandatory legal provisions, morality, public order, or personal rights.
The MEMBER agrees and undertakes to act in accordance with the usage conditions announced by MOSFED, membership requirements and procedures, security measures, and other similar notifications.
The MEMBER must communicate politely with customers reaching them through the www.heartmadefurniture.com domain and its subdomains and must respond to their requests within a reasonable time. Otherwise, the MEMBER is obligated to compensate MOSFED for any negative and/or positive damages incurred.
MOSFED reserves the right to make any changes to this agreement and its annexes. The current version of this agreement will be in the “……….” section of the application, and the MEMBER is required to regularly check and carefully review the updated version of the agreement. The MEMBER may cancel their membership if they do not accept any of the specified conditions; if they do not cancel their membership, they will be deemed to have accepted the membership conditions. MOSFED is not responsible for informing or notifying the MEMBER about any changes to the agreement or any related responsibilities.
The MEMBER cannot request a refund of the membership fee or claim that they will not pay the membership fee if they have completed all the steps to register through the website, have not obtained the expected benefits, have not used the website, or for any similar reasons. The purpose of the website established by MOSFED is to promote the actors of Turkey's furniture sector globally, increase exports, and enhance Turkey's prestige. However, MOSFED makes no guarantees regarding the acquisition of customers or new business for the MEMBER. The MEMBER joins the system with full awareness and acceptance of these terms and pays the membership fee accordingly.
The MEMBER irrevocably accepts, declares, and undertakes that they are a specialist and expert in the products, services, and content they provide on the Platform. The MEMBER agrees to perform their work with all due care and diligence, act prudently and foreseeably, have completed all necessary training required for their profession, and have obtained all official documents required for their professional activity. They further agree to present these documents to MOSFED upon request.
The MEMBER is solely and individually responsible for protecting and safeguarding their assigned username and password, ensuring their security, and making periodic changes to their password. The MEMBER must not share these details with third parties. Additionally, the MEMBER is prohibited from using another person's IP address, email address, username, or other information in the online environment, as well as from accessing or using other members' personal information without authorization. The MEMBER irrevocably accepts, declares, and undertakes to be solely responsible for any material and/or moral damages incurred or potentially incurred by other members, MOSFED, and/or third parties due to negligence or faults in these matters.
The MEMBER agrees, declares, and undertakes not to share their password, whether changed during or after the membership process, with third parties. If the MEMBER detects unauthorized use of their password, they will immediately notify MOSFED via the email address specified in this agreement. The MEMBER acknowledges that if they fail to inform MOSFED, MOSFED will not be held liable for any consequences arising from such unauthorized use.
The MEMBER agrees, declares, and undertakes that the information and content they provide on the website and/or mobile application will not violate laws, ethics, public order, or any applicable regulations, including this Membership Agreement, and will not constitute a crime or infringe upon the privacy and copyright rights of third parties. In the event of any infringement, the MEMBER is solely responsible for compensating any damages incurred or to be incurred by the relevant parties.
MOSFED operates as a Hosting Provider under the Law No. 5651 on the Regulation of Publications on the Internet and the Fight Against Crimes Committed by Means of Such Publications. The MEMBER agrees, declares, and undertakes that they are responsible for verifying the authenticity, originality, reliability, accuracy, and legality of any content and information they upload to the mobile application according to the relevant legislation. The MEMBER accepts that MOSFED shall not be held liable for any damages arising from such content or information.
The MEMBER acknowledges and agrees that if they exploit any system or technical vulnerabilities to cause harm to MOSFED or gain unfair benefits, or if MOSFED detects misuse of its website, MOSFED reserves the right to cancel the relevant transactions, terminate the user’s membership, and unilaterally terminate this agreement immediately, in addition to all rights arising from the legislation.
The MEMBER acknowledges and agrees that MOSFED is the owner of the intellectual and industrial property rights related to the ideas and works subject to this agreement. This includes, but is not limited to, the products/services/content, design, naming, positioning, texts, graphics, user interfaces, visual interfaces, software, commands, source codes, APIs, photos, sounds, music, videos, interactive features, brands, and logos provided through the website and/or mobile application. The MEMBER agrees not to engage in any actions or behaviors that would infringe upon these rights, whether partially or entirely.
The MEMBER must complete the process by clicking the "Cancel Membership" option available in their membership account and following the instructions to the end. If this procedure is not followed, the membership will not be considered canceled, and MOSFED may continue to receive automatic payments. MOSFED will not be held responsible for any issues or processes resulting from this.
This Membership Agreement shall become effective upon MOSFED's acceptance of the membership application. It remains in effect indefinitely unless terminated by either party. The MEMBER may terminate their membership without providing a reason, according to Article E/20. In such a case, the MEMBER will be required to pay the full membership fee for the services used until the termination of their membership, and payments made will not be refunded due to the membership period/time not having elapsed.
In the following written circumstances, MOSFED may suspend the services provided to the MEMBER and reserves its other legal rights concerning the person(s) involved in the following actions:
In the event that inaccurate, disorganized, incomplete, and misleading information, statements that do not comply with public safety and general moral standards, and information that does not conform to the laws of the Republic of Turkey are recorded in the system.

In the event that it is determined that the services are used for purposes other than those intended on the website or mobile application, or if the services are copied in part or in full for use or attempted use for different purposes.;

In the event of the use of software that threatens the overall security of the MOSFED website or mobile application, hinders the MOSFED infrastructure, or involves attempts to perform activities, obtain, delete, modify, or attempt to modify information.
MOSFED may immediately suspend the membership of a MEMBER who fails to partially or fully fulfill any obligation under this agreement or terms of use or other documents, provides misleading or incorrect information, commits a personal data breach, infringes on intellectual and industrial property rights, damages reputation and prestige, or engages in activities that pose a risk to the information security system. Based on the results of the necessary investigation or depending on whether the violation is rectified within the given time, the suspension of membership may be lifted, or the membership may be terminated. MOSFED may claim and collect any negative and/or positive damages suffered from those whose memberships are terminated in this situation.
MOSFED may suspend or terminate the membership of those who are subject to complaints from customers, members, or visitors. Within the framework of the regulations introduced by MOSFED for members, those who do not meet the criteria of the points system may have their membership suspended or terminated.
Previously suspended or terminated members may have their new membership applications for the same or different membership status rejected.
In the event of membership suspension or termination by MOSFED, the MEMBER cannot claim any rights or compensation from MOSFED for reasons such as penalty clauses, damages, loss of profit, loss of earnings, loss of reputation, negative or positive damage, or other similar reasons.
The MEMBER’s compliance with the rules, conditions, and policies set by MOSFED, the execution of effective and reliable real estate trade activities, the avoidance of actions that damage accuracy and reliability, adherence to specified quality standards in advertising/promotion, and other aspects can be reviewed and audited at any time. In case of any irregularities, the MEMBER will be warned, and if necessary, their membership may be terminated.
The MEMBER agrees, under this Membership Agreement, not to infringe upon the rights of third parties in the ads, products, and other content published on the platform. This includes compliance with the Law of Intellectual Property Rights and the Law of Industrial Property, among other relevant legislation. The MEMBER further agrees to obtain all necessary permissions, rights, and authorities required for any intellectual or industrial property rights protected under these laws and acknowledges that they are solely responsible for obtaining these permissions. In the event of any infringement, the MEMBER commits to indemnify any negative and/or positive damages incurred by third parties and/or MOSFED immediately upon request, irrevocably.
The MEMBER agrees that any content, including ads, products, information, and documents published on the platform, which is subject to protection under the Law of Intellectual Property Rights, specifically the rights related to processing, reproduction, distribution, representation, and public transmission through means of signs, sounds, and/or images as regulated in Articles 21 and 25 of the Law of Intellectual Property Rights, and the rights under the Law of Industrial Property, may be used by MOSFED for advertising and marketing activities and within the scope of this Membership Agreement without any limitations. The MEMBER grants this permission without any charge and acknowledges that they are legally authorized to do so, accepting, declaring, and committing to this agreement.

F. FINANCIAL MATTERS

No sales will be conducted through the platform. Instead, members will be charged an "Annual Membership Fee" solely for receiving promotion, advertising, and marketing services by being a member of this platform. This membership fee will be announced by MOSFED to its MEMBERS. The membership fee may be adjusted periodically by MOSFED, and following such notifications, MEMBERS will continue to make payments based on the new fee
MOSFED will issue an invoice for the annual membership fee and notify the MEMBER. The MEMBER will make the payment to the specified accounts within 5 (five) business days of receiving the invoice. The MEMBER acknowledges, declares, and undertakes that they will be in default after this period.
Unless otherwise stated or a different commercial condition is provided, VAT and other taxes will be added to the products/services provided by MOSFED
As a rule, following the purchase of the service through the mobile application, the MEMBER does not have a right of withdrawal pursuant to Article 15. of the Distance Contracts Regulation.

G. PERSONAL DATA PROTECTION

The MEMBER, in accordance with the Personal Data Protection Law No. 6698 (PDPL), undertakes that they will not process personal data in violation of the law, will prevent unauthorized access to the personal data they process, and will ensure its preservation. The MEMBER irrevocably accepts, declares, and undertakes that they have taken all necessary technical, administrative, and legal measures to ensure the security level in line with the purpose of this commitment and the Personal Data Protection Legislation.
The MEMBER undertakes, in accordance with this agreement, not to disclose, transfer, or share with unauthorized persons any personal data they process or will process in violation of the Personal Data Protection Legislation. They will not use personal data for purposes other than processing, will not retain it, and will prevent its transfer abroad under any circumstances. The MEMBER will process personal data solely for the purpose of fulfilling obligations arising from their commercial relationship with MOSFED, and only to the extent necessary, limited, and relevant to this purpose. Upon the cessation of the purpose for processing personal data, they will destroy it within the legal period or, if no legal period is specified, within a reasonable time after the termination of the agreement, and they irrevocably accept, declare, and undertake this commitment.
MOSFED informs the person authorized to sign this agreement on behalf of the MEMBER in accordance with Article 11 of Law No. 6698 through the document attached to this agreement (Appendix 1 - PDPL Member Information Text).
The MEMBER acknowledges, declares, and undertakes that if MOSFED processes personal data of third parties who are not parties to this agreement, such as representatives, authorized persons, employees, guarantors, references, or others, the MEMBER has informed these individuals, obtained their explicit consent if necessary, and will provide access to the Member Information Text located on MOSFED's website as specified in Appendix 1. The MEMBER also agrees to inform these individuals as required. Otherwise, in cases of processing, using, or transferring personal data, the MEMBER assumes all responsibilities as the data controller, and MOSFED will bear no responsibility.
The MEMBER acknowledges, declares, and undertakes that they are responsible for the behavior and actions of their employees concerning all matters under this clause. They will also train and supervise their employees in these matters. The MEMBER agrees that these obligations will continue indefinitely for themselves, their employees, subcontractor employees, and any third parties who act on their behalf or represent them, as required by Article 12/4 of Law No. 6698. In the event of a partial or complete breach of these obligations, the MEMBER will immediately and fully compensate MOSFED or any other third parties affected or likely to be affected by the breach, even if such damages arise after the termination of the agreement, without the need for further notice or warning. The MEMBER also accepts, declares, and undertakes to compensate MOSFED for any fines imposed by the Personal Data Protection Board, as well as any court decisions and penalties related to claims for material or moral compensation for breaches of personal data by third parties, including interest, litigation costs, and attorney's fees, together with any related expenses.

H. FORCE MAJEURE

At the time of signing/approval of this agreement, unforeseen circumstances such as earthquakes, floods, natural disasters, fires, epidemics, wars, states of emergency, strikes, lockouts, technical infrastructure or internet outages, public authorities restricting, slowing down, or cutting internet access, system updates or version renewals, power outages, software hacking, data breaches or data protection efforts, issues arising from developers or suppliers, restrictions, obstructions, or prohibitions on accessing data from official institutions or organizations, and similar situations are considered force majeure.
In all situations considered as force majeure, MOSFED cannot be held liable for the late or incomplete performance, or non-performance, of any of its obligations specified in this "Membership Agreement." Such situations will not be regarded as delays, incomplete performance, non-performance, or default for MOSFED. No claims for compensation under any title can be made against MOSFED for these situations.

I. NOTIFICATION OF COMMUNICATIONS

The email address provided by the MEMBER shall be considered as the legal notification address for all communications related to this Agreement. Any notification email sent by MOSFED to the MEMBER’s registered email address shall be deemed to have been read by the MEMBER 3 (three) business days after the email has been sent by MOSFED.
The MEMBER agrees that notifications sent to the old email addresses will be considered valid and the relevant notice will be deemed to have been made to them if they do not notify MOSFED of any changes to their current email address in writing within 3 (three) days.

J. EVIDENCE

In the event of any dispute between the parties, the official books and commercial records of MOSFED, as well as the electronic information and computer records kept in its database, servers, and email correspondence between the parties, shall constitute definitive and exclusive evidence in the sense of Article 193 of the Code of Civil Procedure.

K. SETTLEMENT OF DISPUTES

In the event of disputes related to this contract, the parties agree to first seek resolution through mediation, making every effort to resolve their conflicts amicably. If mediation does not resolve the dispute, the parties accept, declare, and undertake that the courts and enforcement offices of Istanbul (Çağlayan) will have jurisdiction and authority.

L. SIGNATURE AND EFFECTIVENESS

This contract shall remain in effect and produce consequences for as long as the membership is active. If any provision of this contract is amended or terminated, the remaining provisions of the contract shall continue to be in force
THE MEMBER DECLARES, ACKNOWLEDGES, AND UNDERTAKES THAT THEY HAVE READ, UNDERSTOOD, AND ACCEPTED ALL THE PROVISIONS OF THIS CONTACT AND THAT THEY HAVE ELECTRONICALLY CONFIRMED THE ACCURACY OF THE INFORMATION PROVIDED ABOUT THEMSELVES.

M. AMENDMENTS TO THE CONTRACT AND ITS ANNEXES

MOSFED may, at any time and in any manner, unilaterally modify or update this membership agreement, its annexes, terms of use, policies, and documents without providing any justification. The membership agreement, its annexes, terms of use, rules, and policies, and their annexes cannot be unilaterally changed by the MEMBER.
Such changes or updates made by MOSFED will take effect on the date they are published on the Platform and do not require additional notification or announcement to the MEMBER.
The amended or updated provisions will not apply retroactively but will be effective and have consequences for matters arising after their effective date.

N. FINAL PROVISIONS

This Membership Agreement and its inseparable annexes will be processed upon approval by the MEMBER through a secure electronic signature, wet signature, or other electronic confirmation methods. The Agreement will become effective upon acceptance or approval by MOSFED and may be executed electronically.
The invalidity, non-compliance with regulations, or unenforceability of any provision of the Membership Agreement or its attachments shall not affect the validity of the remaining provisions of the Membership Agreement.
The MEMBER acknowledges that the appendices referenced in this agreement are an integral part of the agreement, and by agreeing to the agreement, the MEMBER is also approving and accepting all the referenced appendices, not just the content of the agreement itself.
The MEMBER acknowledges and accepts that any rules and conditions set unilaterally by MOSFED for future products/services will also be considered an appendix to this agreement. The following documents are integral parts and appendices of this agreement.

O. APPENDICES

Appendix:1- Member Information and Consent Statement on the Protection of Personal Data

Appendix:2- Terms of Use, Rules, and Policies