1. DEFINITIONS    

​

MSG means Michel Sag Jewelry.

Website means the website with domain name www.michelsagjewelry.com where miscellaneous services and contents are offered within a specific framework by MSG and which is accessible online.

User(s) means any natural or legal person(s) that access the Website online and make use of the services offered on the Website in accordance with these Terms and Conditions,

Service(s) means the applications offered on the Website by MSG to enable the Users to perform acts, operations and transactions defined under this Agreement.

Links means any references that enable access from the Website to other websites, files, contents or from other websites to the Website, files and contents.   

Content(s) means any visual, literary and audio elements including information, files, images, figures, prices, etc. which are accessible and published on the Website and/or any other websites.

Privacy Policy means the privacy policy which is available on the Website and an integral part of these Terms and Conditions.

​

2. GENERAL PROVISIONS

​

2.1. USERS’ RIGHTS AND OBLIGATIONS

​

• 2.1.1. When availing themselves of any services offered by MSG and performing any acts, operations and transactions on the Website, Users shall be obliged to act in accordance with present Terms and Conditions including any rules indicated in other sections of the Website, and the applicable legislation.

• 2.1.2. Those who avail themselves of the services offered by MSG and use the Website may perform acts, operations and transactions on the Website only for personal/institutional purposes and to the extent that such acts, operations and transactions are in accordance with the applicable law. Any legal and criminal liabilities arising from and/or in connection with any acts, operations and transactions performed by a User within the Website shall be exclusively borne by that User himself/herself/itself.

Each User hereby agrees, declares and undertakes that he/she/it will not perform any acts, operations and transactions and/or disclose any written, visual and audio information that may violate rights and interests of MSG and/or any third parties.

User hereby agrees, declares and undertakes that he/she/it will not reproduce, copy, distribute, process any images, texts, audiovisual elements, video clips, files, databases, catalogues and lists available on the Website, nor will the User enter into competition, directly and/or indirectly, with MSG through foregoing acts or by any other means and ways whatsoever.

• 2.1.3. MSG, MSG’s business associates, MSG’s employees and managers shall have no liability whatsoever for any services provided and contents published on the Website by any third parties or Users. Liability for the accuracy and lawfulness of any information, contents, audio and visual elements provided and published by any third parties  shall exclusively lie with the third parties providing and publishing them. MSG makes no guarantee whatsoever concerning the security, accuracy and lawfulness of any services and contents provided and offered by any third parties.

• 2.1.4. A User shall not use the Website for any acts and things that are against and/or detrimental to MSG, other users, and third parties.  MSG shall have no liability, directly and/or directly, for any harms and damages which any third parties incur or may incur due to any acts and actions performed on the Website by Users contrary present Terms and Conditions and the law.

• 2.1.5. Users hereby agree, declare and undertake that any information and Contents provided to MSG by them within the Website are true and lawful. MSG shall be under no obligation and liability to conduct any investigations concerning the accuracy of any information and contents notified to MSG by Users or uploaded, changed and provided by the Users through the Website, nor shall MSG be under any obligation and liability to undertake and guarantee the security, accuracy and lawfulness of such information and contents.

​​

2.2. MSG’S RIGHTS AND OBLIGATIONS  

​

• 2.2.1.MSG may from time to time provide the Services in return for a fee or by any other ways by giving a notice on the Website. Effective from the publication of notice on the Website, such Services shall be provided according to the notified terms and conditions, and the new terms and conditions shall, upon change, also apply to Users who have been making use of the Services prior to change.

• 2.2.2. MSG reverses the right to change and remove from time to time the Services and Contents provided on the Website. MSG can exercise such right without giving any notice and time.

• 2.2.3. MSG cannot be held liable for any problems to be encountered by the Users and any interruption of access to the Website due to technical problems.

• 2.2.4. Users have to promptly perform any changes and/or corrections as requested by MSG. Any changes and/or corrections requested by MSG may be performed by MSG itself. Any harms and damages, legal and criminal liabilities and obligations which arise or may arise due to a User’s failure to duly perform any changes and/or corrections as request by MSG shall be borne by the User.

• 2.2.5. Website may contain links to other websites and/or contents and/or files which are owned or operated by other third parties and which are beyond MSG’s control.

MSG shall be under no obligation to conduct any investigations concerning the accuracy of other websites, files and contents owned or operated by any third parties as accessed through the links provided on the Website, including any services or products, including their contents; nor shall MSG be under any obligation and liability to undertake and guarantee the security, accuracy and lawfulness thereof; and MSG shall not be held liable for any damages and harms arising from any inaccurate and  incorrect contents or infection of member’s computer with viruses, Trojan and similar malicious codes and programs.

MSG makes no guarantees and undertakings whatsoever for the privacy policies of other websites owned and operated by third parties which are beyond MSG’s control. Such websites may store and use visitor information such as visitor’s identity, address, electronic mail address, phone, IP address, visited sections of the website, domain type, browser type, date and time of visit, etc. Provision of any personal information to such websites is at sole discretion and risk of the Users.

 

3. INTELLECTUAL PROPERTY RIGHTS

​

All elements of the Website (including but not limited to designs, texts, images, html codes and other codes – all referred to as “MSG’s Copyrighted Works”) are owned by MSG and/or used by MSG under a license from any third parties. Users are not entitled to resell, adapt, disclose, distribute, exhibit any MSG services, MSG information and MSG intellectual property rights, nor allow others to access or use MSG services. A User may not reproduce, adapt, distribute, or make or prepare any works derived from MSG’s Copyrighted Works without prior explicit consent of MSG under present Terms and Conditions.

Unless MSG gives express authorisation under present Terms and Conditions, MSG reserves all rights in/on/to any MSG services, MSG information, MSG’s Copyrighted  Works, MSG trademarks, MSG trade appearance, or any other assets and information provided by MSG through the Website.

In case any written and visual content uploaded by the User is subject to intellectual property rights, such intellectual property rights are owned by the User, and User hereby grants MSG an unlimited and worldwide license to reproduce and communicate to public for such content. A User shall have no right to sell, adapt, disclose, distribute, exhibit any contents uploaded to the Website by other Users, nor shall a User have the right to publish, distribute, reproduce or make available to others such contents through internet, intranet or by any other means whatsoever.  A User many not reproduce, adapt, distribute, or make or prepare any works derived from any contents uploaded to the Website by other Users.

​

4. PRIVACY POLICY

​

MSG shall be entitled to use Users’ information on the Website out of the scope of this Agreement within the scope of the Privacy Policy which is an integral part of this Agreement. MSG shall be entitled to use and disclose to third parties Users’ confidential and private information out of the scope of this Agreement subject to the terms and conditions of Privacy Agreement.

​

5. AMENDMENTS

​

MSG may, at its absolute discretion, amend present Terms and Conditions from time to time by announcing such amendment on the Website. Amendment provisions of these Terms and Conditions shall become effective upon such announcement.

 

6. FORCE MAJEURE

​

MSG shall not be liable for delayed fulfilment of or failure to fulfil its obligations under present Terms and Conditions due to any events which are considered as force majeure under applicable law. Any such circumstances shall not be considered as a delay, non-fulfilment or default on the part of MSG, nor shall MSG be under any obligation of compensation for such circumstances.  "Force majeure" means any events which are out of reasonable control of the relevant party and cannot be prevented despite due care having been shown. Force majeure events include but not limited to natural disasters, riots, wars, strikes, communication problems, infrastructural and internet failures, power outages and adverse weather conditions, any attacks against the Website and the system though required information security measures have been taken by MSG.

​

7. APPLICABLE LAW AND JURISDICTION

​

These Terms and Conditions including any legal relations arising from these Terms and Conditions shall be governed, enforced and construed in accordance with the Turkish Law. Any disputes which arise out of or in connection with these Terms and Conditions shall be subject to the jurisdiction of Istanbul Courts and Enforcement Offices.

 

8. EFFECTIVENESS

​

These Terms and Conditions shall become effective on the date of their publication on the Website by MSG. By using the Website, Users shall be considered to have accepted all provisions of these Terms and Conditions.

 

 

ANNEX: PRIVACY POLICY

​

• All rights and interests in/on/to the website with domain name www.michelsagjewelry.com  (hereinafter referred to as the “Website”) belong to Michel Sag Jewelry (hereinafter referred to as “MSG”). Except for the purposes and scope as defined under this Privacy Agreement, MSG shall not disclose to any third parties any confidential and private information disclosed to it electronically by the Users on the Website.

• MSG identifies and uses IP addresses of users when necessary to diagnose any system-related problems and promptly remove any Website-related problems. IP addresses can be used to identify the users in a general manner, and collect comprehensive demographic information.

• To be a member to the Website and/or participate in the Forum and/or surveys on the Website, Users shall be required to provide MSG with certain personal information (name and surname, phone, mail or e-mail address, etc.). Personal information shall primarily used for contacting the user. In addition, any information provided to MSG by Users can be used by MSG or by/through MSG’s associates for direct and/or indirect marketing. In addition, both the information provided to MSG by Users and the information relating to acts, operations and transactions performed by the Users on the Website can be used by MSG and its associates for conducting several statistical evaluations, creating database, or conducting marketing researches provided that user’s identity is not disclosed.

• On the Website, MSG may provide links to other websites. MSG assumes no responsibility whatsoever for the privacy practices and contents of other website which are access through such links.

• Except as explicitly provided for under this Privacy Agreement, MSG shall not disclose personal information except to the extent that such disclosure is required to:

• a. ensure compliance with the obligations introduced by any applicable Laws, Decree Laws, Regulations, etc. in force which have been put into force by competent judicial authorities;

• b. fulfil requirements of any agreements which MSG has entered into with its users and customers, including implementation thereof;

• c. honour requests of any competent administrative or judicial authorities for the provision of any user-related information for duly performing an investigation or inquiry;

• d. protect rights, safety and security of Users.

• MSG hereby undertakes to keep personal information strictly private,  consider it as a confidentiality and privacy obligation, as well as take any technical measures and show due diligence as required to ensure and maintain privacy, prevent all or some of the confidential and private information to become public, prevent unauthorized use of confidential and private information, and prevent disclosure of confidential and private information to any third parties. MSG shall have no liability and responsibility whatsoever in case any confidential and private information is damaged or captured by any third parties as a result of attacks to the Website and system through necessary information safety and security measures have been taken by MSG.

• MSG may unilaterally and from time to time amend provisions of this Privacy Agreement by publishing a notice on the Website.  Provisions of the Privacy Agreement amended by MSG shall become effective upon publication on the Website.