www.defacto.com Open in urlscan Pro
2.17.100.243  Public Scan

Submitted URL: https://dfurl.com/ggoVPm
Effective URL: https://www.defacto.com/en-eg/giftclub/membership-agreement
Submission: On November 22 via manual from EG — Scanned from DE

Form analysis 3 forms found in the DOM

/en-eg/search

<form action="/en-eg/search" class="header__search-form header__search-form--trigger" itemprop="potentialAction" itemscope="" itemtype="">
  <meta itemprop="target" content="https://www.defacto.com.tr/en-eg/search?q={q}"><label> <a href="javascript:" class="search__mobile-header--icon search-close" aria-label="Close"> <i class="icon-arrow-left"></i></a> <input
      id="header-search-autocomplete" autocomplete="off" itemprop="query-input" name="q" placeholder="Search: Jean Pants, Basic Body, Modern Fit Shirt, Track Suit"> </label> <span class="header__search-form--search">Search</span> <span
    class="header__search-form--clear d-none">Clear</span> <span class="header__search-form--close search-close"> <i class="icon-close"></i> </span>
</form>

<form>
  <div class="form-group form-group--select" id="RegionCountry">
    <div class="form-group__language-select">
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  </div>
  <div class="form-group form-group--select" id="RegionLanguage">
    <div class="form-group__language-select">
      <div class="form-group__language-select--title">Language</div><select name="RegionLanguage" class="custom-select"></select>
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  </div>
  <div class="form-group form-group--select" id="RegionCurrency">
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      <div class="form-group__language-select--title">Currency</div><select name="RegionCurrency" class="custom-select"> </select>
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  </div>
  <div class="form-group form-group--action"><button class="button button--fluid button--big" id="LanguageNavigationBtn"> OK </button></div>
</form>

POST

<form id="newsletter-form" method="POST" class="form" novalidate="novalidate">
  <div class="newsletter__radio-group">
    <div class="newsletter__radio-group--title">Who are you shopping for?</div>
    <div class="newsletter__radio-group--buttons">
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      <div class="newsletter-custom-radio"><input id="subscribeToNewsletterMale" type="radio" name="gender" value="B55E2AD0-62FB-4985-9294-36F598797DC1" required-message="Please select gender." required=""> <label
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          for="subscribeToNewsletterKid">Kids</label></div>
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  </div>
  <div class="newsletter__input-group">
    <div class="custom-input"><input id="NewsletterEmail" data-type="email" name="email" required-message="Please enter a valid email address." validate-message="Please enter a valid email address." required=""> <label for="NewsletterEmail">E-mail
        Address</label></div>
    <div class="custom-checkbox"><input type="checkbox" data-type="checkbox" id="NewsletterContract" required="" required-message="Please accept the Confidenciality Policy."> <label for="NewsletterContract">
        <a class="black-link" href="/en-eg/static/privacy-policy"><strong>I accept the Confidenciality Policy</strong></a> </label></div>
    <div class="break-group"></div><button class="button button--small" id="NewsletterBtn">Subscribe Now!</button>
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</form>

Text Content

CLICK & COLLECT- FREE DELIVERY
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DEFACTO GIFT CLUB MEMBERSHIP AGREEMENT
 
1. Parties and Subject Matter of the Agreement:
 
This membership agreement (hereinafter "Agreement") has been executed between
Defacto Perakende Ticaret Anonim Şirketi (hereinafter "DeFacto") located at
Basın Ekspres Yolu, Bahariye Caddesi, No.31, 34303, Halkalı, Küçükçekmece -
İSTANBUL and the user who is a member of the website www.defacto.com.tr
(hereinafter "Member") in order to determine the terms and rules regarding the
use of the website, membership and to determine the terms and conditions of the
member's benefit.
 
2. Rights and Obligations of the Parties:
 
 1. The Member agrees to provide the condition of being over 18 years of age and
    to submit official identity documents such as identity card, passport, etc.
    showing that he/she meets this condition if requested during the membership
    registration process. For those under 18 years of age, DeFacto Gift Club
    membership is subject to the written consent of their parents or legal
    guardian. 

 
 1.  The Member declares and undertakes that the personal and other data he has
    provided while becoming a member of the www.defacto.com.tr website are
    accurate before the laws, and it will fully and promptly indemnify DeFacto
    for all damages incurred due to the misrepresentation of such data. The
    Member agrees that in case of providing inaccurate information, the
    Agreement may be terminated unilaterally by DeFacto without the need for any
    notice or warning.

 
 1. The member may not share the password created through DeFacto with other
    persons or organizations, and the member's right to use the password in
    question belongs to the member alone. The Member agrees that the same
    password used to create a membership should not be used on more than one
    platform. The security and confidentiality of the e-mail address used by the
    Member while registering to the website www.defacto.com.tr and the password
    created by the Member are the responsibility of the Member. In terms of all
    liability that may arise for this reason and all claims and demands that may
    be asserted against DeFacto by third parties or competent authorities,
    DeFacto reserves all kinds of compensation and other claims arising from
    such unauthorized use.

 
 1. The Member accepts and undertakes to comply with the provisions of the legal
    legislation and not to violate them while using the website
    www.defacto.com.tr. Otherwise, any and all legal and criminal liabilities
    that may arise shall be fully and exclusively binding on the Member.

 
 1. DeFacto reserves the right to modify the website content at any time, to
    alter or terminate any service provided to users, or to store and delete
    user information and data registered on the DeFacto website.
 2. DeFacto may at any time change, update or cancel the terms of the membership
    agreement in any form and under any circumstances without the need for prior
    notice and/or warning. Any amended, updated or repealed provision shall be
    effective for all members on the date of publication.

 
 1. The Member shall not use the website www.defacto.com.tr in any way that
    violates public order, violates public morality, disturbs and harasses
    others, for an illegal purpose, or infringes the intellectual and copyright
    rights of others. In addition, the Member may not engage in activities
    (spam, viruses, trojan horses, etc.) and transactions that prevent or make
    it difficult for others to use the services.

 
 1. The written opinions and comments declared by the Members on the website
    www.defacto.com.tr are solely the personal views of the Members and DeFacto
    has no responsibility for these opinions and comments. For any claim that
    may be directed to DeFacto, DeFacto shall convey the relevant claim to the
    owner of the idea, opinion and comment and shall reserve the right to
    recourse all damages and losses to the owner of the idea, opinion and
    comment. Personal data included in the content you prefer to be published
    and the comments you share shall be processed based on the legal reason of
    "being made public by the  data subject" in accordance with the Law No. 6698
    on the Protection of Personal Data (‘'LPPD'') and shall be publicly
    published on DeFacto's platform in a way accessible by third party users.
    You may select the information that will be published within the scope of
    your posts and comments on DeFacto platforms. However, this will make the
    relevant data public and other users using DeFacto platforms will be able to
    access this data.

 
 1. The Member acknowledges and undertakes to not copy, reproduce, publish,
    market the information, documents, software, designs, graphics, writings,
    logos, slogans, visuals, videos, etc. and any content on www.defacto.com.tr,
    all rights of which belong to DeFacto. These cannot be used, acquired or
    changed by the member without authorization.

 
 1. DeFacto shall not assume any liability for any unauthorized reading of
    member data and any damage to member software and data. The Member has
    agreed in advance not to claim compensation from DeFacto for any damages
    that may arise from the use of the website www.defacto.com.tr.

 
 1. The Member agrees not to access or use the software and data of other
    internet users without permission. Otherwise, the legal and criminal
    liabilities arising therefrom shall be borne entirely by the Member.

 
 1.  A member who violates one or several articles set forth in this Agreement
    is personally liable both criminally and legally due to such violation, and
    shall hold DeFacto harmless from the legal and penal consequences of such
    violations. In addition, DeFacto reserves the right to claim compensation
    against the Member for non-compliance with the Agreement if the incident is
    brought to the legal field due to this violation.
 2. DeFacto complies with the LPPD and other legislation in the processing and
    transfer of your personal data, attaches a high degree of importance to the
    security of your personal data and takes technical and organisational
    measures in compliance with current technological developments in accordance
    with Article 12 of the LPPD. DeFacto demonstrates due diligence and takes
    all necessary organisational and technical measures to ensure and maintain
    the confidentiality of Members' personal data, to prevent unauthorized use
    of data or disclosure to an unauthorized third party. Within this context,
    under no fault of DeFacto, DeFacto may not be held liable in the event that
    the data is disclosed and accessed by unauthorized third parties.   

 
 1. If you become a member of the DeFacto Gift Club, the personal data collected
    through the DeFacto website and applications may be processed in a limited
    manner for the purposes such as; carrying out marketing and analysis studies
    by tracking user movements, planning and executing customized user
    satisfaction activities, improving user experience, profiling, creating
    personalized user experience and promotional suggestions, customizing and
    offering/recommending DeFacto products to you according to the likes, usage
    habits and needs of users. DeFacto uses cloud service infrastructures with
    servers based abroad in order to carry out DeFacto Gift Club membership
    transactions and to provide customized services to you. In case you are a
    member of DeFacto Gift Club, your personal data may be processed on behalf
    of DeFacto by data processors whose servers are located abroad. DeFacto may
    transfer your personal data abroad through service providers and
    infrastructure suppliers in the field of technology with servers based
    abroad in order to carry out membership transactions, provide services on
    the website and/or mobile application, and carry out storage and archive
    activities. For detailed information, you can review the Member  Privacy
    Notice and Explicit Consent Text. In the event of you not wishing to grant
    explicit consent or wishing to withdraw your previously given explicit
    consent, you can always continue to benefit from our services with the
    "Continue Without Becoming a Member" option.

 
 1. You can review the Member Privacy Notice to be informed about your personal
    data provided within the scope of membership and the purposes of processing
    and transfer of this personal data, your rights as a data subject regulated
    in Article 11 of the LPPD and the details of the application methods to
    DeFacto. You can also update your personal data other than the birthday
    information that you provided while becoming a DeFacto Gift Club member at
    any time through  the My Account page. You can also manage your preferences
    for receiving commercial electronic messages, except for messages containing
    information about the status of your order, on the My Account page. When you
    turn off your preferences for receiving commercial electronic messages, you
    may continue to receive transactional calls, SMS, e-mails, Whatsapp and
    notifications regarding your ongoing membership transactions, membership
    settings, shopping and orders, without campaign-related and promotional
    purposes, etc.

 
 1. The Gift Points earned have expiration dates and these expiration dates may
    be updated by DeFacto. In the case that the points earned are not used
    within the specified period, the Gift Points will expire without any further
    action. The Gift Points which the Member cannot spend due to a possible
    technical error and which have expired will be credited to the Member's
    account upon visual submission of the error by the Member, if it is
    evaluated positively by the relevant teams of DeFacto. The Member agrees
    that in case of a request to terminate his/her DeFacto Gift Club membership,
    if he/she has Gift Points defined in his/her account, he/she must use them
    within three months, otherwise, the Gift Points will lose their validity.

 
 1. The Gift Points acquired may not be used for commercial purposes under any
    circumstances, are exclusive to members and Gift Points belonging to
    different accounts cannot be combined and transferred. The Member agrees and
    undertakes not to disclose, provide or make available to anyone else his/her
    number, username and/or any information within this scope in order to
    benefit from Gift Points, and to be personally responsible for their storage
    within the appropriate security level; if it is determined that his/her
    membership is misused by someone else or his/her membership is abused,
    he/she accepts and undertakes that all rights and gains related to the
    membership shall be withdrawn, that he/she must inform DeFacto immediately,
    and that his/her membership will be terminated. The Member is responsible
    for any damages that may arise until the notification is made.

 
 1. DeFacto may use the personal information of its members in order to offer
    better service to its users, to improve its products and services, to
    facilitate the use of the site, and to work on the special preferences and
    interests of its users. DeFacto reserves the right to maintain a record of
    the Member's actions on the website www.defacto.com.tr.

 
 1. DeFacto may suspend or completely terminate the functioning of the website
    www.defacto.com.tr at any time and for a temporary period of time. No
    liability shall be incurred by DeFacto to www.defacto.com.tr members or
    third parties due to temporary suspension or complete shutdown of the
    system.

 
 1. Precautions have been taken within the existing possibilities to ensure that
    the DeFacto website is free of viruses and similar software. In addition to
    this, the user is required to procure his own virus protection system and
    ensure the necessary protection, in order to ensure ultimate security. In
    this regard, the member is deemed to have accepted responsibility for all
    errors that may occur in their software and operating systems and their
    direct or indirect consequences by entering the DeFacto website.

 
 1. DeFacto always unilaterally retains the right to remove members from
    membership, reject membership applications, delete files, documents and
    information belonging to the customer, and withdraw Gift Points. The Member
    accepts this provision before becoming a member. In this case, DeFacto has
    no responsibility.

 
 1.  www.defacto.com.tr sales are limited with the stocks. www.defacto.com.tr is
    entitled not to deliver products that are not in stock, cancel the order and
    reimburse the order amount to the customer's account. The exhibition of the
    products in the virtual store does not imply that such products are in the
    stocks of www.defacto.com.tr or DeFacto stores. www.defacto.com.tr is
    exclusively authorized to modify the prices and product specifications of
    the products offered for sale at www.defacto.com.tr.    In the event of an
    error in the price and product specification information, www.defacto.com.tr
    may deliver the product by correcting the error or cancel the order and
    refund the order amount to the customer account, provided that it has the
    exclusive right to choose.

 
 1. DeFacto may amend the application of this Agreement in order to comply with
    the technical requirements and legislation that may arise in the future, as
    well as change the existing articles or add new articles. www.defacto.com.tr
    may transform services not requiring membership into a situation requiring
    membership over time, open additional services, change some of its services
    partially or completely or turn them into paid services. The changes shall
    be effective from the date of their publication on www.defacto.com.tr.
    Following the changes is the responsibility of the member. The Member is
    deemed to have accepted these changes by continuing to benefit from the
    services offered.

 
 1. DeFacto shall not be in any way deemed responsible for any disputes that may
    arise from the Member's inability to benefit from the advantages such as
    late or incorrect announcements, campaigns, points, etc. due to malfunctions
    in the electronic infrastructure on which the system operates.

 
 1. The Member agrees that DeFacto has the right to cancel a purchase
    transaction without any prior notification to him/her due to suspicion of
    fraud (making a transaction using false information or another person's
    information, creating unreal Membership accounts by using false or
    misleading personal data, including false or misleading delivery address,
    e-mail address, contact, payment or account information); accepts and
    declares not being able to make any claim for this reason; that the Gift
    Points defined in the member's account will be deleted; and that he/she
    accepts and declares that he/she knows that if DeFacto suffers damages from
    the use of the Gift Points defined in the account, DeFacto may be recursed
    to the member for the compensation of the damages.

 1. Resolution of Disputes:
    1. The member accepts and undertakes that the book records and microfilm,
       microfiche, and computer records of DeFacto shall constitute valid,
       binding, conclusive, and exclusive evidence in the sense of the 193rd and
       other articles of the Code of Civil Procedure, in any disputes that may
       arise from the Agreement. DeFacto accepts, declares and undertakes
       beforehand to waive all kinds of objections to DeFacto records and the
       right to offer an oath that they are duly kept.
    2. Turkish legislation in force shall apply to any disputes that may arise
       in relation to this Agreement.
    3. T.C. Istanbul Central Courts and Enforcement Directorates shall be
       authorized to resolve any disputes that may arise from the implementation
       of this Agreement.

 
4. Enforcement and Termination:
 
The membership registration implies that the Member has read all articles in the
Agreement and has accepted all articles stipulated in the Agreement. This
Agreement has been executed on the instant that the Member has registered as
member and has entered into force reciprocally. This Agreement shall remain in
force until the Member cancels his membership or the membership is canceled by
DeFacto.
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