Lyssa Home

Membership Agreement

To become a member of www.lyssahome.com, simply go to the Sign Up section under My Account and fill in the relevant fields. It is very important that you fill in your member details correctly and completely. Becoming a member does not place you under any obligation.

Before shopping, we recommend that you read all agreements and forms carefully.

1) Parties

This membership agreement (“Membership Agreement”) has been concluded between Downa Tekstil San. ve Tic. Ltd. Şti. (“Downa”), headquartered at Fındıklı mh. Hancıoğlu cd. No:55/B 34854 Maltepe / İstanbul, and the internet user (“Member”) who becomes a member of the website www.lyssahome.com (“Site”), in order to set out the conditions under which the Member may use the services offered by Downa on the Site.

In this Membership Agreement, Downa and the Member will each be referred to as a “Party” and together as the “Parties”.

2) Subject of the Agreement

The subject of this Agreement is to set out the terms of use of the website www.lyssahome.com, owned by Downa Tekstil San. ve Tic. Ltd. Şti., by the Member.

3) Rights and Obligations of the Parties

3.1. To obtain membership status, the user wishing to become a Member must approve this Membership Agreement on the Site and fill in the personal and general information requested with accurate and up-to-date details. The Member declares and undertakes to compensate Downa immediately and in full for any loss it may suffer due to this information being untrue.

3.2. The username and password the Member needs to access www.lyssahome.com and carry out transactions on the Site are created by the Member, and the security and confidentiality of this information are entirely the Member’s responsibility. The Member accepts, declares and undertakes that transactions carried out with their username and password are deemed to have been carried out by them, that responsibility for these transactions lies with them in advance, that they cannot raise any defence and/or objection that they did not carry out such transactions, and/or avoid fulfilling their obligations on the basis of such a defence or objection.

3.3. The Member accepts and undertakes from the outset to comply with the provisions of this Membership Agreement and the applicable legislation in the transactions and correspondence they carry out on www.lyssahome.com, and not to breach them. Otherwise, all resulting legal and criminal liabilities will be binding entirely and exclusively on the Member.

3.4. The Member may not use www.lyssahome.com in any way that disrupts public order, is contrary to public morality, disturbs or harasses others, for an unlawful purpose, or in a way that infringes the intellectual property and copyrights of others. In addition, the Member may not engage in activities or actions (spam, viruses, Trojan horses, etc.) that prevent or hinder others from using the services.

3.5. Ideas and opinions stated, written or used by Members on www.lyssahome.com are entirely the Members’ own personal views and bind the person who holds them. These views and opinions have no connection whatsoever with Downa. Downa has no responsibility for any damage third parties may suffer due to ideas and opinions stated by the Member, or for any damage the Member may suffer due to ideas and opinions stated by third parties.

3.6. Downa will not be responsible for Member data being read by unauthorised persons or for any damage to Member software and data. The Member has accepted in advance not to claim compensation from Downa for any damage they may suffer as a result of using www.lyssahome.com.

3.7. The Member has agreed not to access or use the software and data of other internet users without permission. Otherwise, all resulting legal and criminal liabilities rest entirely with the Member.

3.8. The Member accepts that, in disputes that may arise from this Membership Agreement, Downa’s official books and commercial records, and the e-archive records, electronic information and computer records kept in Downa’s database and servers, will constitute binding, conclusive and exclusive evidence, and that this article is an evidence agreement within the meaning of Article 193 of Code of Civil Procedure No. 6100.

3.9. The Member may not assign their rights or obligations under this Membership Agreement, in whole or in part, without Downa’s prior written consent.

3.10. A Member who breaches one or more of the articles in this Membership Agreement is personally liable, criminally and legally, for that breach and will hold Downa harmless from the legal and criminal consequences of such breaches. In addition, if the matter is taken to court due to the breach, Downa reserves the right to claim compensation from the Member for failing to comply with the Membership Agreement.

3.11. Downa has the right, at any time and unilaterally where necessary, to delete the Member’s membership and the Member’s files, documents and information. The Member accepts this in advance. In this case, Downa has no responsibility.

3.12. The software and design of www.lyssahome.com are owned by Downa; the related copyright and/or other intellectual property rights are protected by the relevant laws, and they may not be used, acquired or modified by the Member without permission.

3.13. To improve and develop www.lyssahome.com and/or within the framework of the legislation, Downa may collect certain information such as the name of the internet service provider and the Internet Protocol (IP) address used to access the site, the date and time the Site was accessed, the pages visited while on the Site, and the internet address of the website that linked directly to the Site.

3.14. Downa may use Members’ personal information when carrying out work based on users’ particular preferences and interests in order to serve users better, improve its products and services and make the Site easier to use. Downa reserves the right to keep a record of the Member’s activity on www.lyssahome.com.

3.15. A person who becomes a Member of www.lyssahome.com declares and accepts that they consent to Downa presenting them with product and service promotions, advertisements, campaigns, benefits, surveys and other customer satisfaction initiatives under current and/or future practices. The Member declares and accepts that they consent to the collection, use and archiving, for the purposes above, of the personal and purchase information and shopping and/or consumer behaviour information they have given or will give when becoming a member of the Site and/or by other means. Unless the Member states otherwise, they declare and accept that they consent to the use of the data even after their membership ends. The Member declares and accepts that they will not make any claim that they have suffered any direct and/or indirect, material and/or moral, negative and/or positive, or in short any loss due to the collection, use and archiving of the above information and being contacted, and that they will not hold Downa responsible.

3.16. Downa may disclose the Member’s personal information when required as a legal obligation or where it believes in good faith that this is necessary to (a) comply with legal requirements or legal proceedings served on Downa; (b) protect and defend the rights and property of Downa and the Site.

3.17. Downa has taken measures, within available means, to keep www.lyssahome.com free of viruses and similar malicious software. In addition, for ultimate security, users should obtain their own virus protection system and ensure the necessary protection. In this context, by accessing www.lyssahome.com, the Member is deemed to have accepted that they are responsible for any errors that may occur in their own software and operating systems and their direct or indirect consequences.

3.18. Downa reserves the right to change the content of the Site at any time, to change or discontinue any service provided to users, or to delete user information and data registered on its Site.

3.19. Downa may change, update or cancel the terms of the Membership Agreement at any time, in any form and without any prior notice and/or warning. Every amended, updated or repealed provision will take effect for all Members on the date of publication.

3.20. Under this Membership Agreement, Downa is authorised to send information emails to Members’ registered email addresses and information SMS messages to their mobile phones, and by approving this Membership Agreement, the Member is deemed to have accepted that information emails will be sent to their email address and information SMS messages to their mobile phone.

3.21. Downa will communicate with the Member via the email address the Member provided when registering, or by calling and sending SMS messages to their phone number. The Member is obliged to keep their email address and phone number up to date.

3.22. This Membership Agreement constitutes the entire agreement between the Parties on the subject. If any provision of this Membership Agreement is found by any competent court, arbitral tribunal or administrative authority to be wholly or partly invalid, unenforceable or unreasonable, this Membership Agreement will be deemed severable to the extent of such invalidity, unenforceability or unreasonableness, and the other provisions will remain fully in force.

3.23. Downa’s failure to use or enforce any right granted to it in the Membership Agreement will not mean that it has waived that right, nor prevent the later use or enforcement of that right.

4) Intellectual Property Rights

The logo of Downa and the Site, the design, software and domain name of the mobile application and Website, and all trademarks, designs, logos, trade dress, slogans and all other content created by Downa in relation to them, together with all intellectual property rights, are owned by Downa. The Member may not use, share, distribute, display, reproduce or create derivative works from intellectual property rights owned by Downa without Downa’s permission. The Member may not use all or part of the Downa mobile application or the Site in another medium without Downa’s permission. If the Member acts in a way that infringes the intellectual property rights of third parties or Downa, the Member is obliged to compensate all direct and indirect damages and costs of Downa and/or the third party concerned.

5) Force Majeure

If uprisings, embargoes, government intervention, rebellion, occupation, war, mobilisation, labour disputes including strikes, lockouts, industrial action or boycotts, cyber attacks, communication problems, infrastructure and internet failures, system improvement or renewal work and any resulting failures, power cuts, fire, explosion, storm, flood, earthquake, migration, epidemics or any other natural disaster, or other events beyond Downa’s control, not caused by its fault and not reasonably foreseeable (“Force Majeure”) prevent or delay Downa from performing its obligations under this Membership Agreement, Downa cannot be held responsible for the obligations whose performance is prevented or delayed as a result of Force Majeure, and this will not be considered a breach of this Membership Agreement.

6) Entry into Force

By registering for membership, the Member confirms that they have read all the articles in the Membership Agreement and accept them. This Agreement is concluded and enters into force mutually at the moment the Member becomes a member. Downa may, entirely at its own discretion, unilaterally change this Membership Agreement and any policy, terms and conditions on the Site, including Privacy and Security, at any time it deems appropriate, by announcing them on the Site, provided that this does not conflict with the applicable legislation. The amended provisions of this Membership Agreement will take effect on the date they are announced on the Site, and the remaining provisions will remain in force and continue to have effect. For the avoidance of doubt, this Membership Agreement cannot be changed unilaterally by the Member.

7) Termination of the Agreement

This Membership Agreement will remain in force until the Member ends their membership at will or their membership is cancelled by Downa. Downa may cancel the Member’s membership and unilaterally terminate the Membership Agreement if the Member breaches any provision of it.

8) Dispute Resolution

This Membership Agreement is governed exclusively by the laws of the Republic of Türkiye. Any dispute arising from or in connection with this Membership Agreement will be subject to the exclusive jurisdiction of the Istanbul Central Courts and Enforcement Offices.

This Membership Agreement, consisting of 8 (eight) articles, has entered into force upon being approved electronically by the Member after reading each provision and understanding it in full.