1. PARTIES AND SUBJECT OF THE AGREEMENT
1.1. This Agreement is concluded between ENIGMA FURNITURE, located at Macun Mah. Erciyes Sanayi Sitesi 197. Street No:21 Yenimahalle / Ankara (hereinafter referred to as the “Company” or “Data Controller”), and the user/customer who registers on or transacts through the platform, whether as a member or without membership (hereinafter referred to as the “Member” or “User”).
1.2. The subject of this Agreement is to determine the terms and conditions under which the Member benefits from the services offered on the platform, the rights and obligations of the parties, and the data processing procedures within the scope of the Turkish Personal Data Protection Law No. 6698 (“KVKK”).
1.3. Users may complete purchases through the platform using the “Continue Without Membership” option. Membership shall not be imposed as a prerequisite for accessing the services.
2. MEMBERSHIP CONDITIONS AND RIGHTS & OBLIGATIONS
2.1. Electronic Acceptance: This Agreement is deemed concluded once the Member ticks the “I Accept” checkbox electronically. Pre-contractual communications, including emails, form an integral part of the declaration of intent.
2.2. Affiliates: In corporate memberships, the Member’s affiliates (subsidiaries and group companies) are also bound by this Agreement. The Member shall be jointly and severally liable for their compliance.
2.3. Intellectual Property and Trademark Use: The Member may use the Company’s trademarks, logos, and trade name only with prior written consent and within specified limits. Upon termination, such use must cease immediately. Unauthorized use constitutes infringement under applicable intellectual property laws.
3. FINANCIAL TERMS, INVOICING, AND DEFAULT
3.1. Invoicing and Objection Period: Invoices shall be issued electronically (e-invoice/e-archive) to the Member’s registered email or KEP address. Unless objected to in writing within 8 days, the invoice shall be deemed accepted pursuant to Turkish Commercial Code Article 21.
3.2. Default and Compensation: For overdue payments, default interest shall apply under Turkish Commercial Code Article 1530. In case of unjustified objection, the Company reserves the right to claim 20% enforcement denial compensation under Execution and Bankruptcy Law Article 67.
3.3. Price Adjustments: For continuous service agreements, price increases shall not exceed the average CPI + PPI rate.
4. TERM, TERMINATION, AND MEMBERSHIP CANCELLATION
4.1. No Automatic Renewal: Fixed-term agreements with consumers shall not be automatically renewed without explicit written consent.
4.2. Right to Easy Cancellation: Members may terminate their membership at any time through an easily accessible method (e.g., “Cancel Membership” button). No excessive conditions may be imposed.
4.3. Termination with Notice: Either party may terminate the Agreement with 30 days’ written notice without penalty. Any withdrawal fee shall not exceed the proportional value of granted benefits.
5. PERSONAL DATA PROTECTION (KVKK)
5.1. General Information: The Company processes personal data as Data Controller in accordance with KVKK and applicable regulations.
5.2. Purpose and Legal Basis: Personal data is processed to fulfill legal obligations, provide services, and comply with regulations including Law No. 6563, Law No. 6502, and relevant secondary legislation.
5.3. Optional Data: Non-essential personal data (e.g., gender) is optional and cannot be made mandatory.
5.4. Marketing and Profiling: Data processing for marketing, targeted advertising, or profiling requires explicit opt-in consent and is not a condition of membership.
5.5. Commercial Communications: Sending SMS, email, or calls requires separate user consent.
5.6. Data Transfers: Personal data may be shared with logistics providers, payment institutions, and authorized public authorities.
5.7. International Transfers: Data may be transferred abroad with explicit consent or under KVKK-compliant safeguards.
5.8. Data Security: Personal data is protected through technical and administrative measures. In case of a breach, the Data Protection Authority will be notified immediately.
6. DATA SUBJECT RIGHTS (KVKK ARTICLE 11)
Users have the right to:
- Learn whether their personal data is processed
- Request information and access
- Request correction or deletion
- Learn third parties to whom data is transferred
- Object to automated decision-making
- Claim compensation for unlawful processing
Requests shall be responded to within 30 days.
7. EVIDENCE AGREEMENT AND DISPUTE RESOLUTION
7.1. The Company’s records (including logs, e-invoices, and databases) shall constitute binding evidence under Civil Procedure Law Article 193.
7.2. Disputes shall be resolved before Ankara Courts and Enforcement Offices, subject to consumer arbitration thresholds. Mediation is mandatory for commercial disputes.
8. CONTACT AND DATA CONTROLLER INFORMATION
ENIGMA FURNITURE
Address: Macun Mah. Erciyes Sanayi Sitesi 197. Street No:21 Yenimahalle / Ankara
Email: info@enigmafurniture.com
Phone: +90 531 305 81 17
This Agreement, consisting of 8 sections, enters into force upon electronic approval by the Member.
This document is provided for informational purposes. In case of discrepancy, the Turkish version shall prevail.