Membership Agreement
1. PARTIES AND SUBJECT
• CSM Binicilik Malzemeleri ve Hizmetleri A.Ş., located at Orta Mah. Topkapı Maltepe Cad. No: 20-22 İç Kapı No: 4 Bayrampaşa / İstanbul, the owner of the website https://cavaliersanmarco.it/ (hereinafter referred to as "Cavalier SanMarco" or "the Company").
• The website user who becomes a member by accepting the terms set out below (hereinafter referred to as the "Member").
• The Company and the Member shall be jointly referred to as the "Parties" in this Membership Agreement (hereinafter referred to as the "Agreement").
This Membership Agreement has been executed to determine the terms and conditions under which the Member will benefit from the Services provided by Cavalier SanMarco.
2. DEFINITIONS
Site: Refers to the website with the domain name https://cavaliersanmarco.it/.
Member: Refers to the natural and/or legal persons who purchase products through the Site.
Privacy Policy and Data Protection Notice: Refers to the document that outlines the general privacy policy of Cavalier SanMarco, including the purposes and methods of use of the personal data submitted by Members through the Site.
My Membership Information, My Account and Profile Pages: Refers to the Member-specific page that can only be accessed by the Member using the username and password they have created, where the Member can carry out the necessary actions to benefit from the Services, and where personal and other requested information is entered.
Services: Refers to the activities carried out by Cavalier SanMarco to enable the Member to perform the work and transactions defined in this Membership Agreement.
3. RIGHTS AND OBLIGATIONS OF THE PARTIES
3.1 To acquire membership status, the user who wishes to become a Member must approve this Membership Agreement on the Site, accurately and truthfully fill in the required information, and have their membership application reviewed and approved by Cavalier SanMarco. Membership begins once the Member clicks the box indicating acceptance of this Agreement and provides a unique password to Cavalier SanMarco. Membership rights and obligations commence upon notification of approval by the Company. Users must be at least 18 years old to become a Member. The Member is solely responsible for any damages resulting from incorrect or outdated information provided during registration.
3.2 In the event of a dispute regarding who holds the rights to a membership, Cavalier SanMarco shall consider the last person who made a payment using the account in question as the rightful account holder.
3.3 The username and password required to access the Member’s Account page are created by the Member. These credentials cannot be shared or transferred. The Member is solely responsible for maintaining the confidentiality and security of their credentials and agrees that any actions taken through the account will be considered their own.
3.4 The Member agrees to act in accordance with this Membership Agreement, the terms published on the Site, current legislation, and ethical norms while using the Site. Legal and penal responsibilities related to transactions performed by the Member belong solely to them.
3.5 The Company may share the Member’s information with relevant authorities if requested in accordance with applicable legislation.
3.6 The Company reserves the right to reject any membership application or subject acceptance to additional terms and conditions without providing a reason.
3.7 The Member shall not use the Site in an unlawful or immoral manner, including but not limited to:
• Creating databases or directories on behalf of someone else.
• Reverse engineering any part of the Site.
• Registering false or misleading membership information.
• Distributing viruses or malicious technologies.
• Using tools like robots or crawlers without written permission.
• Engaging in activities contrary to public order or infringing on intellectual property.
3.8 In the event of a breach of the Agreement, the Company may restrict access to some or all parts of the Site.
3.9 The Member agrees to take all necessary precautions to ensure their use of the Site does not cause any harm, including using licensed antivirus software and refraining from automated login methods.
3.10 The Member agrees not to access or use other users’ data or software without authorization.
3.11 Any use of the Site or its content that violates this Agreement or applicable laws is illegal. The Company reserves the right to pursue all relevant legal remedies.
3.12 The Company is not responsible for damages arising from service interruptions or technical issues beyond its control.
3.13 For the purposes of system troubleshooting and improvements, information such as the Member’s IP address, access times, and referral sites may be collected.
3.14 Although the Company takes precautions against viruses and similar software, it is the Member’s responsibility to ensure system security. By accessing the Site, the Member accepts full responsibility for potential errors and resulting damages.
4. PRIVACY AND PROTECTION OF PERSONAL DATA
4.1 Cavalier SanMarco prioritizes the lawful processing, security, and protection of the personal data provided by the Member through the Site in compliance with all applicable legislation, including Law No. 6698 on the Protection of Personal Data. The personal data are processed and transferred in accordance with the Terms of Use, Privacy Policy, and Clarification Text on the Protection of Personal Data available at …………………………………….., which are integral parts of this Membership Agreement.
4.2 By creating an account or using the Services, the Member explicitly consents, of their own free will, to the processing and transfer of their personal data as described in the Policies and Clarification Texts. For more details on how personal data are used and the Member’s rights, please refer to the documents available at ……………………………………..
4.3 It is accepted that the information provided by the Member during the registration phase is accurate and truthful. The Member is obliged to inform Cavalier SanMarco of any changes to this information.
4.4 The personal data declared by the Member and collected during the course of this Agreement may be processed by Cavalier SanMarco and its business partners in accordance with the Clarification Text for purposes such as fulfilling obligations under this Agreement, ensuring the operation of the Site, and—if consented—offering personalized promotions, advertising, marketing campaigns, and statistical profiling.
4.5 Pursuant to this Membership Agreement, Cavalier SanMarco is authorized to send information emails to the Member’s registered email address and SMS messages to their mobile phone if the Member has provided consent. The Member has the right to opt out of such commercial electronic communications.
4.6 The Member agrees to the use and storage of their personal data by Cavalier SanMarco. The Company will take all necessary measures to securely store personal data and prevent unauthorized access and illegal processing, in accordance with Article 12 of Law No. 6698. The Member has the right to update or change their personal data and exercise their rights under Article 11 of the same law at any time.
5. INTELLECTUAL PROPERTY RIGHTS
The brand and logos of "Cavalier SanMarco" and all kinds of audio, visual, and written materials and content on the website https://cavaliersanmarco.it/ are, unless otherwise stated, the property of Cavalier SanMarco. Unauthorized use of these materials shall constitute unlawful use, and Cavalier SanMarco reserves the right to initiate legal proceedings against such use.
The general appearance and design of the Site, all information, images, the Cavalier SanMarco brand, domain name of the Site, logos, icons, demonstrative, written, electronic, graphic, or machine-readable technical data presented, computer software, applied sales system, business method, and business model, including but not limited to all materials and related intellectual and industrial property rights, are the property or licensee of Cavalier SanMarco and are under legal protection.
No material on the website may be modified, copied, reproduced, translated into another language, republished, uploaded to another computer, posted, transmitted, presented, or distributed without prior written permission and without citing the source—including code and software. All or part of the Site may not be used on another website without authorization. Violations shall result in legal and criminal liability.
6. AMENDMENTS TO THE AGREEMENT
Cavalier SanMarco reserves the right to unilaterally amend this Membership Agreement and any policies, terms, and conditions, including the Terms of Use and Privacy Policy, published on the Site at any time, provided such amendments are not contrary to the provisions of applicable laws. The amended provisions shall become effective on the date they are published on the Site. The remaining provisions shall remain in full force and effect and continue to produce legal results.
7. FORCE MAJEURE
Situations outside the control of the Parties, including but not limited to the following, that prevent or delay the performance of obligations under this Agreement, shall be considered force majeure events:
• Natural disasters (fire, flood, epidemic, earthquake, explosion, storm, migration, or any other natural catastrophe),
• War (whether declared or not), civil war, acts of terrorism, uprisings, revolutions, coups, government takeovers by force, riots, embargoes, government interventions, mobilizations,
• Industrial disputes including strikes, lockouts, blockades, slowdowns, labor actions or boycotts,
• Restrictions, omissions, or interventions by public authorities,
• Technological issues, cyberattacks, communication problems, infrastructure and internet failures, maintenance or upgrades to the system, and related outages, power failures,
• Administrative and/or judicial decisions or similar actions that restrict access to the Site,
• Any other unforeseen events beyond the control of Cavalier SanMarco and not caused by its fault.
If such force majeure conditions prevent or delay Cavalier SanMarco from fulfilling its obligations under this Membership Agreement, Cavalier SanMarco shall not be held responsible and such a situation shall not be deemed a breach of the Agreement.
8. TERMINATION OF THE AGREEMENT
This Agreement shall remain in force until the Member terminates their membership or the membership is canceled by Cavalier SanMarco. In the event that the Member violates any provision of the membership agreement, Cavalier SanMarco may terminate the membership and this Agreement unilaterally.
9. NOTIFICATIONS
Cavalier SanMarco may communicate with the Member for the provision of services using the email address or phone number provided during registration. The Member is responsible for keeping their email address and phone number up to date.
10. MISCELLANEOUS PROVISIONS
The Member agrees that Cavalier SanMarco’s official records, commercial records, e-archive data stored in its databases and servers, electronic data, and computer logs shall constitute binding, conclusive, and exclusive evidence of any dispute arising from this Membership Agreement. This clause shall be considered an evidentiary agreement under Article 193 of the Turkish Code of Civil Procedure No. 6100.
The Member may not transfer the rights or obligations under this Membership Agreement, in whole or in part, without prior written consent from Cavalier SanMarco.
This Membership Agreement constitutes the entire agreement between the Parties concerning its subject matter. If any provision of this Agreement is declared wholly or partially invalid or unenforceable by any competent court, arbitration panel, or administrative authority, that provision shall be deemed severable to the extent of such invalidity or unenforceability. The remaining provisions shall remain fully valid and enforceable.
Failure of either Party to exercise or enforce any right granted by this Agreement shall not constitute a waiver of such right or preclude its future exercise or enforcement.
This Agreement shall be governed by the laws of the Republic of Turkey. All disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of Bakırköy Consumer Arbitration Committees and Bakırköy Courts and Enforcement Offices.
11. LIMITATION OF LIABILITY
11.1. Cavalier SanMarco makes reasonable efforts to ensure the accuracy of the information and services provided on the Site and Application. However, except in cases of gross negligence, Cavalier SanMarco shall not be held liable for any damage or problems resulting from the use of such information for purposes other than those intended. Cavalier SanMarco reserves the right to modify, correct, and/or remove such information at any time without prior notice.
11.2. Any written, visual, audio content, designs, information, or other elements accessed via the Site or Application cannot be partially or fully copied, reproduced, distributed, modified, or used commercially without prior written permission from Cavalier SanMarco. All rights to titles, brands, logos, visuals, and designs used on the Site and Application belong to Cavalier SanMarco. Unauthorized use will result in legal and criminal proceedings.
11.3. Cavalier SanMarco shall not be liable for any direct or indirect loss or damages arising from access to or use of the Site, Application, or linked websites. Users acknowledge that Cavalier SanMarco has no control over the content of linked websites and disclaims responsibility for any content or materials accessible through them.
11.4. Some content and information presented via the Site and Web Application may originate from publicly available sources. While compiled for informational purposes only and without manipulation, Cavalier SanMarco does not guarantee the absolute accuracy of such data and disclaims liability.
11.5. The Member is fully responsible for the content they upload to the Site and for the use of the Site. The Member agrees, declares, and undertakes that Cavalier SanMarco shall not be held liable for any claims or demands from third parties regarding intellectual property infringements, content, or use of the Site, including litigation costs and attorney fees.
11.6. The Member accepts that their shared content on the Site may be unilaterally modified, blocked, or removed by Cavalier SanMarco.
11.7. Cavalier SanMarco shall not be liable for any direct, indirect, special, incidental, or punitive damages resulting from the use of the Site. Furthermore, Cavalier SanMarco disclaims any explicit or implied warranties, including but not limited to merchantability and fitness for a particular purpose, regarding the services provided via the Site and Application.
11.8. In any case, Cavalier SanMarco’s liability under this Agreement shall be limited to the amount paid by the Member for the services subject to the damage as of the date the damage occurred.
12. ENTRY INTO FORCE
This Membership Agreement, consisting of twelve (12) articles, has been read and fully understood by the Member and has entered into force at the moment it is electronically approved by the Member.