Terms Of Use

NUBO BABY ONLINE MEMBERSHIP AGREEMENT AND TERMS OF USE

Article 1. Parties

This Nubo Baby Online Membership Agreement and Terms of Use (briefly “Agreement”) is between Nubo Global Tekstil Sanayi ve Ticaret Limited Liability Company. who have all rights of the website of www.nubobaby.com, its application and all applications related to it (briefly “Site”) and Customer who define identity and contact information to system before this Agreement or buy products from Site even if it does not define.

Article 2. Subject of the Agreement

Subject of this Agreement is providing opportunity to buy product through the platform owned by Nubo Baby and determining mutual rights and obligations of the parties. If the Customer does the shopping from Site as the Customer of Site or not, the Customer agrees, declares and undertakes that it has read and understood all this Agreement and has approved all provision of it.

Article 3. Rights of the Nubo Baby

• For security reasons, Nubo Baby may monitor and record all activies of the Customer on the Site and/or if it deem necessary, it might suspend from the Site, freeze the Customer’s registration, cancel the Customer’s registration and might do suchlike all kinds of interventions.
• Nubo Baby, without prior notify to the Customer, might modify in whole or in part the form and content of the Site, also might change domain name of the the Site, use different subdomain names, make domain name redirection and/or close the domain name.
• Nubo Baby, at any time and/or without any reason, without prior notify to the Customer, might change scope and/or varieties of the services offered on the Site, also might freze whole or in part, terminate or completely cancel the services offered on the Site.
• Nubo Baby might make changes and updates the service, terms of sale and/or operation at any time in order to works and/or transactions specified in Agreement are executed more effectively. Customers in advance agree and declare that they accept these changes and shall act in accordance with these changes.
• This Agreement does not include any commitment for Nubo Baby’s product sale. Customer, with any reason, might not claim from the Nubo Baby any right and claim under any name.
• In case that Customer is a member of the Site, Nubo Baby has the rights to suspend, cease and/or cancel the membership unilaterally.The Customer agrees, declares and undertakes that there is not any right of objection in this respect.
• On condition that Nubo Baby fulfills the obligation of disclosure and, if necessary, the obligation to obtain consent and to comply with other security measures in accordance with the provisions of the Law No. 6698, Nubo Baby might collect Customer's identity, address, contact and site usage information in a database and might process these information for all legal purposes including, but not limited to, user profile and market research, sales and site usage statistics. Also Nubo Baby might share this information with third parties in order to comply with the requirements of the law or to submit upon request of searchs or investigations carried out by the competent judicial or administrative authority or to protect the rights and security of users.
• The obligation of changing prices and product specification information of products and services offered for sale in Nubo Baby’s system is belonged to Nubo Baby.
• Nubo Baby, on the condition that these are not to the detriment of users, might change the performing this Agreement and amend current articles or add new articles in order for complying technical necessities and the legistilation in future.
• If a link is given by the Customer or by the Nubo Baby for only easiness of reference, this shall not commented that Nubo Baby gives links to support these web sites or this shall not accepted as any statement or gurantee by the Nubo Baby about related website or its context. Nubo Baby agrees no responsiblity about web sites, files and contents accessed in this way.

Article 4. Obligations of Customer

• If the Custormer desires to be a member, it is completed upon the registration procedure by implementing the membership procedure specified on the Site. By becoming a member, the Customer also agrees the provisions of this Agreement and all statements which is made/shall be made by Nubo Baby regarding membership and services.
• Customer agrees and declares that identity, payment, address and/or contact information specified in the transactions are complete and correct, in case of any changes in its information it shall immediately inform Nubo Baby in writing, only it shall be responsible for all kinds of legal disputes and damages because of informing missing, noncurrent and/or incorrect information. No liabilty shall be attributed to Nubo Baby for this reason.
• Customer agrees and declares that in case of becoming a member, in addition to information in Article 4.2 information that it specified in the membership transactions are complete and correct, in case of any changes in its information it shall immediately inform Nubo Baby in writing, only it shall be responsible for all kinds of legal disputes and damages because of informing missing, noncurrent and/or incorrect information. No liabilty shall be attributed to Nubo Baby for this reason.
• While the Customer benefits from services specified on the Site, Customer agrees and undertakes that it shall act according to T.C laws and general ethic rules; shall not do insult, threat, slander, harassment and similar acts and it shall not make propaganda about politics or ideologic and it shall not annoy other Customers and it shall refrain from any behavior that might tarnish people and/or institutions. and it shall avoid acts that might hinder or be interrupted services offered on the Site, otherwise it shall be personally liable from all damages that may occur.
• Customer agrees and undertakes to not infringe third parties’ rights which are in scope of intellectual property, to show respect the third parties’s copyright, to not unfairly compete and to show respect the trade secrets and private lifes of third parties.
• When the customer uses the Site, customer agrees and undertakes to use a password that can not be easily estimated by others, to not share user name, password and similar information with others, it shall be responsible for this security and Nubo Baby shall not be liable in any way.
• Customer undertakes to not engage in fraudulent conduct, to not interfere the security mechanism of the Site, otherwise to be liable for all damages and to cover all Nubo Baby’s damages incurred.
• Customer agrees and declares that if it becomes a member it shall only use its membership account and not use the account information of other Customers and/or shall not make membership account avaliable to others, and membership and undelivered orders may be canceled and all damages incurred shall be indemnified if Nubo Baby determines otherwise.
• Customer agrees and undertakes to not send and not share harmful programs, softwares, codes and/or similar material to the Site and to avoid any actions that may endanger the security of the Site and other Customer.
• Customer shall not assign the rights and obligations arising from this Agreement and shall not assign its membership account to third parties if it is a member of the Site.
• Customer shall not restrict the using the Site by others, shall not prevent and shall not interfere the server or network management that used in order to make the Site available.
• Nubo Baby is not liable directly or undirectly damages due to virus attacks affecting the computer hardware and/or information obtained from the Site or in relation to the Customer’s access and use.
• Customer agrees that it shall not use any tools, software and/or tools to interfere with or attempt to interfere with the operation of the Site, shall not connect the Site unauthorizedly, shall not reach and use the software and data of other internet users without permission.
• Customer agrees that products bought through the Site are for personal use and not for resale.
• In the event that the Customer desires to cancel the order made through the Site, the customer agrees, declares and undertakes that it shall notify this request within at least 24 (twenty four) hours starting from the time the order is given. Provisions of Preliminary Informing Text, Distant Sales Agreement and related legislation shall be performed for the return of the delivered products. Delivery and return shall be carried out as specified in the website.
• Customer agrees, declares and undertakes that it shall be liable for all kinds works and transactions it does on the Site; it shall not assert any refutation and/or objection about that it has not performed the works and transactions and/or shall not refrain from fulfilling its obligations on the basis of these refutation or objections.
• Customer agrees, declares and undertakes to not open more than one membership accounts by using different user names. If it is determined by the Nubo Baby that someone who has been removed from membership or has been suspended because of infrigenment of this rule or any reason open one or more membership accounts with different user names in order to enter the Site, Nubo Baby shall have the authority to cancel its all membership accounts without any notice and to unilaterly terminate this Agreement without any obligation of indemnity.

Article 5. Terms of Payment

• Customer might pay for the purchased products with only online payment method.
• Customer agrees that it must pay the price purchased products by the selected instrument of payment otherwise services shall not delivered to itself.
• Customer is liable for accuracy of the card information provided during online payment method and agrees and declares that it knows that Nubo Baby collect payments on behalf of itself and sale relationship shall be established between Nubo Baby and it.
• In payments made using theonline payment method, if the card is used unlawfully by someone other than the holder of the card, transactions are made in accordance with the provisions of the Bank Cards and Credit Cards Law and the Regulation on Bank Cards and Credit Cards. For orders paid by online payment method, a receipt/invoice for order is drawn up by the Nubo Baby that received the order.
• Secure electronic commerce (SEC) service is the service of providing infrastructure by the Nubo Baby in order to ensure that products offered in online shopping are purchased by the Customer by using infrastructure of the Site.
• In SEC service, Customer makes the purchase request of the prouduct offered on the Site through infrastructure of the Site by confirming that it has read and accepted Distant Sales Agreement and Preliminary Informing Text. Costumer, agrees and undertakes that the stated conditions in Distant Sales Agreement, Preliminary Informing Text and agreement regarding the offered product sale with the purchase request that delivered to the Nubo Baby.
• In SEC service, If Nubo Baby determine a sale method regarding the definition of final sale price as a result of offers to be submitted by the Costumer, Costumer shall be made offer with using “Buy” button. Agreement shall be made with Nubo Baby’s acceptingness of Costumer’s offer. Declaration of acceptance shall be sent to Costumer’s e-mail and monitorized in Nubo Baby Costumer Account synchronously. Nubo Baby must make the declaration of acceptance and rejection with using Nubo Baby Membership Account. Nubo Baby has no responsibility regarding the declaration of acceptance and rejection without using Nubo Baby Membership Account. In case of failure to deposit of product’s price that agreed by the parties to the Secure Account that pool account where payments are held by the Customer In SEC service within three working days after acceptance of Costumer’s offer with method that stated in this agreement by the Nubo Baby. In SEC service, after add to cart transaction of Customer, in the event of realization of payment, the contract shall be established.
• Customer is deemed to have accepted the conditions and methods of sale stated by the Nubo Baby with purchase request by using infrastructure of Site via Site. The purchase requests shall not be canceled or retract except in exceptional circumstances. Within the scope of hereby Agreement exceptional circumstance is described as failure to deposit of product’s price to Secure Account.
• Customer, in purchase requests that made by him/herself on Site through the SEC service by using Site’s infrastructure, may perform the execution of the debt with only making money transfer to the Secure Account. Nubo Baby has no responsibility in case of perform the execution of the debt with any other methods except Secure Account.
• Customers in addition to the above-mentioned Service, can benefit with paying the charge If it is envisaged from other services that announced from Site and stated condition of utilization in relevant part of Site. Customers accept and undertake that they will comply with obligations scope of the instructions made in relevant part of Site regarding the services that announced and defined in relevant part of Site hereby scope of this agreement by the Nubo Baby.
• Nubo Baby shall be declared conditions of price and payments in relevant part of Site regarding the services, SEC service and additional service (If is there any charge) that stated within scope of hereby agreement. Amendments regarding the service price, shall be gained validity after within 3 days declaration of amendment and shall be valid until expiry day of campaign in case of campaign. Unless otherwise specified on the Site, all fees for additional services shall be calculated and collected in Turkish Lira. Customers are obligated to pay fees in accordance with the explanations set forth herein.

Article 6. Privacy of Personal Data and Commercial Electronic Message

• Nubo Baby is authorized to do any process transaction such as collect, store, transfer the Customer’s name-surname, telephone number, credit card information etc. providing the obligation to obtain consent, if the obligation to enlighten is necessary, and to comply with other security measures within the scope of Law numbered 6098.
• Nubo Baby is committed to keeping personal information private and confidential, to regard it as a confidentiality obligation, and to ensure and maintain confidentiality, to take all necessary measures to prevent the unauthorized use of all or any part of confidential information in the public domain or to disclose it to a third party.
• Although Nubo Baby has taken the necessary information security measures, Nubo Baby will not have any liability if confidential information is compromised as a result of attacks on the Site and the system or in the possession of third parties.
• This information collected on Nubo Baby servers will be used for the purposes specified under the disclosure obligation.
• Statistical data that does not contain personal information can be shared with performance assistants such as Nubo Baby’s employees, business partners.
• Customer information may be disclosed to official authorities if making announcement about the information is requested by the authorities in accordance with imperative provisions.
• The customer may at any time request and obtain information whether the personal data has been processed, the purpose of processing, the third parties to whom the data has been transferred, the correction, deletion, anonymization or destruction of the data, and the damages if otherwise processed.
• By accepting this Agreement, the Customer agrees to read and understand the Nubo Baby's “Privacy Policy” and “Protection and Process Policy of Personal Data”.
• If the customer permits, at the same time Customer accepts and undertakes that Nubo Baby can transmit all kinds of commercial electronic data, voice and video messages including promotions such as discounts and gifts and promotional competitions or games by means of telephone, call center, automatic call, e-mail, short message service. 

Article 7. Intellectual Property Rights

• The presentation and the content of the Site are protected by Republic of Turkey’s legislation and the intellectual property legislation, All information and / or data published, including all trademarks, logos, and service marks on this Site, are owned by Nubo Baby or its licensors by agreement. Customer may not distribute, transmit, modify, copy, view, reproduce, publish, process, and / or otherwise use the Site content directly or indirectly or otherwise, without the written consent of Nubo Baby and/or not allow anyone to access and / or use the Site's services. Otherwise, Customer shall be liable to pay Nubo Baby immediately for any and all damages incurred by Nubo Baby for any damages incurred / will be incurred by Nubo Baby, including, but not limited to, licensors.
• All rights related to Nubo Baby’s Site services, Site information, the copyrighted works of the Site, trademarks of the Site, the commercial appearance of the Site and/or all property, personal rights including any material and/or intellectual property rights relating to the Site, commercial information and/or know-how.
• All articles, graphics, visuals and / or all pictures on the Site are reserved and cannot be saved without permission.
• Unauthorized use of all financial rights (processing, reproduction, dissemination, representation and public offering) of the content, design, and / or software of the Site shall constitute a breach of any unauthorized disclosure and / or use, intellectual and industrial property rights.
• Customers accept and undertake that they will comply with the provisions of the Turkish Code of Obligations, the Turkish Penal Code, the Code of Intellectual and Artistic Works, the Turkish Commercial Code and any legislation that is currently and/or will come into force. All legal, administrative, criminal and financial liability arising from the contrary use belongs to the Customer and Nubo Baby reserves the right to recourse.

Article 8. Liability

• The Customer acknowledges that there may be other problems, including but not limited to, the lack of information and/or services provided on the Site, communication problems, technical problems, infrastructure and/or internet failures, power cut, in the event that such problems / malfunctions occur, Nubo Baby is authorized to stop and/or terminate and/or cancel the sale either before the sale starts, during the sale or even if the sale has been made, without the need to notify Customer and / or without giving reasons. For these reasons, Customer cannot claim Nubo Baby for any rights and payment under any name.
• Nubo Baby does not warrant that the service will be error free or will be provided consistently or that the service is free of viruses and other harmful elements.
• Except for the gross negligence or intent of Nubo Baby, the Customer is not liable for any direct and / or indirect damages.

Article 9. Rescission

• In the event that the Customer acts in part and / or completely in breach of any and / or all of the obligations arising from this Agreement, Nubo Baby may, unilaterally, terminate this Agreement without notice and / or justification, and may cancel the Customer’s membership if he/she is a member of the Site and may partially or fully suspend or cancel the services Customer that received, receives or will receive from the Site. Therefore, in the event of termination, Customer may not claim any rights and / or requests from Nubo Baby. Nubo Baby is authorized to claim any and all damages incurred / will be incurred from the Customer.
• The Parties may unilaterally terminate this Agreement at any time without giving any reason and without any notification, and the Customer is authorized to cancel the membership if the Customer is a member of the Site. In this case, the Customer cannot claim any right, receivable, profit loss, damages or payment under any title and name by asserting that there is an unfair, inopportune, reasonless, without limitation of time and untimely termination, that it is acted contrary to goodwill or any other reason and excuse. 

Article 10. Duration of Agreement

This Agreement shall enter into force from the moment it is approved on the Site and may terminate automatically without any notification if Nubo Baby or Customer cancel their memberships and/or the order placed by Customer is cancelled and/or the order placed by Customer is delivered without any problem and/or the services provided in the Site is terminated.

Article 11. Miscellaneous Provisions

• The Customer has agreed that any notification about changes to be made to the Agreement and services, issues related to sales, cancellation of membership, termination, expiration of the Agreement and the other similar notifications will be made to the e-mail address specified during the transactions and also agree and undertake that, whether or not the notifications made by e-mail have been received, the notification has been made from the moment that the notification is sent by Nubo Baby and will have legal consequences. Nubo Baby shall not be liable for late or non-delivery of the Notification to Customer and the consequences thereof.
• If any provision of this Agreement is considered invalid for any reason or is not enforceable, the other provisions of this Agreement shall remain in force.
• Nubo Baby's failure to use or delay any right or authority under the Agreement does not constitute a waiver of such right or authority, the use of a right or authority alone or in part does not restrain the late usage of the other right or authority or does not constitute a waiver.
• Istanbul Courts and Execution Offices are authorized to settle disputes arising from this Agreement.
• The Customer declares that he/she has read, understood and accepted all practices and rules on the Site. The Customer declares that he/she accepts by understanding the regulations and its conclusions which are set out in the entire of the Agreement and may be contrary to his/her interests.