RETROBIRD Membership Agreement

1. Parties

This Membership Agreement (“Agreement”) has been concluded electronically between the owner and operator of the website located at www.retrobird.com.tr (“RETROBIRD” or the “Company”) and the internet user who registers as a member of the Site (“Member”), upon the Member’s electronic acceptance.

2. Definitions

• Site: The domain name www.retrobird.com.tr and its subdomains.
• Member: A natural person user who registers on the Site and whose account is approved.
• Account: The user profile and access rights specific to the Member.
• Service(s): All membership, content, campaign, and e-commerce features offered through the Site.
• Content: Any and all data including text, images, comments, and ratings.
• Personal Data: Personal information as defined under the Personal Data Protection Law No. 6698.
• Cookie: Identification technologies described in the Cookie Policy.

3. Scope and Acceptance

By checking the “I accept” box while creating an account on the Site, the Member declares that they have read, understood, and accepted the provisions of this Agreement. This Agreement governs the terms of use of the Site and the rights and obligations of the parties. Mandatory consumer legislation provisions are reserved.

4. Membership and Account

• You must be at least 18 years old to become a member. Membership of minors is subject to parental/legal guardian approval.
• The Member undertakes that the registration information provided is accurate and up to date, and that any changes will be updated without delay.
• Account security (password, two-factor authentication, etc.) is the Member’s responsibility and must not be shared with third parties.
• Membership is personal; it may not be assigned, rented, or made available to others. Opening multiple accounts or using misleading identity information is prohibited.
• The Company reserves the right to reject any application or request additional verification in incomplete or suspicious cases.

5. Rules of Use and Prohibited Actions

• The Site may only be used for lawful purposes; any transaction infringing third-party rights is prohibited.
• Actions that place excessive load on the infrastructure, or abuse orders/campaigns through bots or automation, are prohibited.
• If abuse of coupons, discounts, returns, or exchange processes is detected, the Company may cancel the relevant transactions and suspend the membership.
• Where notice of unlawful or improper content is received, the Company has the right to remove such content and take necessary measures.

6. Price, Stock, Campaigns, and Erroneous Transactions

• Prices, stock information, campaigns, and visuals on the Site are regularly updated; in cases of obvious typographical, calculation, or source errors, the Company may make unilateral corrections.
• In cases of stock depletion, system errors, or obvious mistakes (such as an accidental price of 0 TL), orders may be canceled and payments refunded.
• The terms of campaigns and coupons are separately announced; the Company may restrict their use in case of suspected abuse.

7. Communication and Commercial Messages

• The Member accepts that mandatory notifications related to orders and membership transactions (e-mail/SMS/calls) may be sent to them.
• Promotional, campaign, and marketing messages require IYS consent pursuant to Law No. 6563. If consent has been given, the Member may unsubscribe free of charge at any time via IYS or unsubscribe links.
• Communication may also be made for the issuance of e-archive invoices/e-invoices.

8. Intellectual Property Rights

All trademarks, designs, software, visuals, texts, and content on the Site belong to the Company or its licensors. They may not be copied, reproduced, distributed, adapted, or commercially used without prior written permission.

9. Member Content and Reviews

• Comments, ratings, and content submitted by the Member must comply with applicable law and public morality.
• Insults, advertising, disclosure of personal data, and false/misleading content are prohibited. The Company may moderate and remove content in line with its policies.
• The Member accepts that, with respect to the content they upload, they grant the Company a worldwide, sublicensable, irrevocable, royalty-free license to use, process, and transmit such content.

10. Privacy and KVKK

The Member’s personal data is processed in accordance with the Personal Data Protection Law No. 6698 and the relevant legislation. Details are set out in the KVKK Information Notice and related policies/documents. The Member declares that they consent to the processing of the data shared during membership within this scope.

11. Cookies

Cookies are used to improve the Site experience and for the stated purposes. Please review the Cookie Policy for details. Cookie preferences may be managed as described in that policy.

12. Third-Party Links

The Site may contain links to third-party websites/integrations. The Company is not responsible for the content or security of such websites.

13. Amendments to the Agreement

The Company may unilaterally update this Agreement. The updated text enters into force upon publication on the Site. Continued use of the Site by the Member constitutes acceptance of such changes. Any amendments that may operate to the detriment of the consumer shall be implemented in accordance with applicable legislation.

14. Suspension and Termination

• The Member may close their account at any time; for termination requests, contact may be made via E-Mail.
• The Company may suspend or terminate membership in case of violation of legislation/this Agreement, suspicion of fraud, or system security concerns.
• Termination does not eliminate any accrued or future legal rights.

15. Limitations of Liability

• The Site is provided on an “as is” and “as available” basis; uninterrupted or error-free operation is not guaranteed.
• The Company shall not be liable for indirect, incidental, punitive damages, or loss of profit; however, mandatory consumer rights are reserved.
• Any legal or financial liability arising from the Member’s acts and transactions belongs to the Member.

16. Force Majeure

Events beyond the reasonable control of the parties (natural disasters, war, riots, strikes, infrastructure failures, cyberattacks, etc.) shall be considered force majeure. Obligations are suspended during the force majeure period and performance resumes once the relevant event ceases.

17. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the Republic of Türkiye. Istanbul (Central) Courts and Enforcement Offices shall have jurisdiction over disputes. In mandatory consumer disputes, consumer arbitration committees and consumer courts shall have jurisdiction as required by law.

18. Evidence Agreement

The parties agree that the Company’s books, records, and electronic system records (including computer/server records, logs, timestamps, and e-archive/e-invoice records) shall constitute conclusive evidence.

19. Severability and Assignment

• If any provision is held invalid, the remaining provisions shall remain in full force and effect.
• The Member may not assign their rights or obligations under this Agreement. The Company may assign its rights and obligations במסגרת a business transfer.

20. Effective Date

By checking the approval box while creating an account on the Site, the Member shall be deemed to have accepted this Agreement. The Agreement enters into force at the moment of approval.

21. Contact and Company Information

RETROBIRD

Address: CAFERAĞA MAHALLESİ MODA CADDESİ NO:28/B KADIKÖY / ISTANBUL / TÜRKİYE
Phone: +90 544 270 80 91
E-Mail: mailto:[email protected]
Web: www.retrobird.com.tr/en