Distance Selling Agreement

SIDES
This Distance Sales Agreement (“Agreement”) is signed by SGM Destek Giyim ve Tekstil Tic. operating at the address of Etiler Mahallesi Dilhayat Sokak No:24 Beşiktaş/İstanbul. Singing. Ltd. Ltd.
(“Seller”) and the person who purchases its services/products through the website milkywilky.com.tralan (“Buyer”) has been signed electronically between the Seller and the Buyer whose information is given below.
The Parties accept, declare and undertake that they have read this Agreement in its entirety, fully understood its content and approved all its provisions.
SALES PERSON:
Seller’s Title: SGM Ready-made Giyim ve Tekstil Tic. Singing. Ltd. Ltd.
Seller’s Full Address: Bağlar Mah. 15. Sokak No: 8 İç Kapı No: 11 Bağcılar/İstanbul
Seller Mersis Number:
Seller’s Email Address: milkywilky.tr@gmail.com
Seller Phone:
BUYER:
Buyer’s Name/Surname:
Buyer’s Address:
Buyer’s Phone:
Recipient’s E-Mail Address:
Seller and Buyer will be referred to individually as “Party” and together as “Parties”.
By purchasing products and services from the Seller, the Buyer accepts, declares and undertakes that he has read the entirety of this Agreement, fully understands its content and approves all its provisions. Likewise, the Seller declares and undertakes the following matters to the Seller. Therefore, the Buyer undertakes the accuracy of the information provided by the Buyer when purchasing the service.
ESTABLISHMENT OF THE CONTRACT
BUYER ACKNOWLEDGES THAT HE HAS READ AND UNDERSTOOD THE CONTRACT AND IS AWARE OF HIS RIGHTS AND OBLIGATIONS.
THE PARTIES AGREE THAT THERE IS NO PROPORTION BETWEEN THE ACTIONS DECIDED BY THE CONTRACT AND THAT THE MUTUAL ACTIONS ARE APPROPRIATE WITH THE NATURE OF THE BUSINESS AND THEY HAVE NO EXPERIENCE WITHIN THE SCOPE OF THE TRANSACTIONS SUBJECT TO THE CONTRACT.
THE BUYER ACKNOWLEDGES THAT HE HAS REACHED A COMPLETE CONVICTION THAT THE TRANSACTIONS CONTAINED WITHIN THE SCOPE OF THE CONTRACT ARE IN HIS BENEFIT AND THAT HE WILL COMPLY WITH ALL TERMS OF HIS OWN FREE WILL, WITHOUT ANY DIFFICULTY OR TROUBLE, THINKING, WILLINGLY AND KNOWINGLY.
THE PARTIES AGREE THAT THE PROVISIONS OF THE CONTRACT DO NOT HAVE A FEATURE THAT MAY BE DEEMED UNFAIR, AND THERE IS NO UNFAIRNESS IN TERMS OF THE BALANCE OF INTERESTS.
THE TERMS OF THIS CONTRACT DO NOT CONTAIN ANY UNFAIR CONDITIONS IN ACCORDANCE WITH THE PROVISIONS OF THE REGULATION ON UNFAIR CONDITIONS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT CONSTITUTE THE RULE OF HONESTY AND GOODNESS AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE LEGISLATION ON CONSUMER PROTECTION.
THE PROVISIONS OF THIS CONTRACT HAVE BEEN PREPARED TAKING INTO CONSIDERATION THE PROVISIONS OF THE TURKISH OBLIGATIONS LAW. THE BINDING AND CONTENT AUDIT PROVIDED IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS HAS BEEN MADE BY THE BUYER. NONE OF THE PROVISIONS OF THIS AGREEMENT ARE FOREIGN (SURPRISING CONDITIONS) TO THE NATURE OF THIS AGREEMENT AND THE CHARACTERISTICS OF THE WORK. THE PROVISIONS OF THIS AGREEMENT ARE WRITTEN IN A CLEAR AND UNDERSTANDABLE MANNER AND DO NOT EXPRESS MULTIPLE MEANINGS.
SUBJECT AND SCOPE OF THE CONTRACT
The subject of this Agreement is the sale and delivery of the product whose qualities and sales price are specified below, which the Buyer ordered electronically through the Seller’s website https://www.milkywilky.com.tr/ (the “Site”). It consists of determining the rights and obligations of the Parties in accordance with the Law on Consumer Protection No. 6502 and the Distance Contracts Regulation.
BASIC CHARACTERISTICS OF THE GOODS OR SERVICES SUBJECT TO THE CONTRACT
The basic characteristics of the product subject to this Agreement, sales price, delivery and payment conditions are as follows:
Product/Service Type: Sale of products and/or services made by the Buyer to the Buyer through the Site
Product Code and Name

Piece

Unit Price (including VAT)

[…]

[…]

[…]
PAYMENT AND DELIVERY TERMS
Total product price excluding shipping:
Shipping cost:
Total product price including shipping and all taxes:
Delivery address:
To whom it will be delivered:
The total product price stated above is SGM Ready Giyim ve Tekstil Tic. Singing. Ltd. It is collected from the Buyer by Şti.
Delivery address:
To whom it will be delivered:

DELIVERY
Unless the product subject to the contract is a product prepared in line with the Buyer’s request or personal needs, it will be delivered to the Buyer or at the address indicated in the preliminary information form for each product, depending on the distance of the Buyer’s settlement, provided that it does not exceed the legal 30 (thirty) day period. It is delivered to the person/organization.

In order to avoid any doubt, for the delivery of the product(s) subject to this Agreement, this Agreement and the Preliminary Information Form must be confirmed electronically by the Buyer and the price of the product(s) must be fully and completely paid by the payment method preferred by the Buyer. It must be paid. If the price of the product is not paid for any reason, is paid incompletely or the payment is canceled in the bank records, the Seller is deemed to be free from the obligation to deliver the product.

In cases where it becomes impossible to fulfill the goods or services subject to the order, the Seller shall notify the Buyer in writing or through the permanent data provider within 3 (three) days from the date of learning of this situation and shall make all payments collected, including delivery costs, if any, as of the date of notification. returns it to the Buyer within 14 (fourteen) days at the latest.

BUYER’S REPRESENTATIONS AND COMMITMENTS
The Buyer acknowledges that he/she has read the preliminary information uploaded by the Seller regarding the basic characteristics of the contractual goods or services on the Site, the sales price and payment method, and the delivery and cargo cost, has given the necessary confirmation electronically, and accepted the PAYMENT OBLIGATION upon confirming the order on the Site. He/she accepts, declares and undertakes that he/she is aware that he/she is under the responsibility of purchasing the product/service electronically and that the sales price will be collected from the credit card/debit card whose information he entered for the payment transaction.

By confirming this Agreement and the Preliminary Information Form electronically, the Buyer shall obtain the address, basic features of the ordered goods or services, the price of the goods or services including taxes, payment and delivery and delivery price information that must be given to the Buyer by the Seller before the conclusion of distance contracts. It also confirms that it has been acquired correctly and completely.

After the delivery of the goods or services, if the relevant bank or financial institution does not pay the price of the goods or services to the Seller due to the unfair or unlawful use of the Buyer’s credit card by unauthorized persons, which is not due to the Buyer’s fault, the Buyer will receive the goods, provided that the goods have been delivered to him. or is obliged to return the service to the Seller within 3 (three) days. In this case, delivery expenses belong to the Buyer.

If the goods or services subject to the contract are to be delivered to a person other than the Buyer, the Seller cannot be held responsible if the person to be delivered does not accept the delivery.

If the buyer is not at the address where he requested delivery of the order, his order will definitely not be delivered to another address. In this case, the Buyer must accept the legal obligations that will arise due to placing an order to an address that the Buyer does not have.

If the product subject to the contract is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible if the person/organization to be delivered does not accept the delivery.

The Seller is responsible for the delivery of the product subject to the Contract in a sound, complete and in accordance with the qualifications specified in the order. Provided that it is based on a justified reason, the Seller may supply goods or services of equal quality and price to the Buyer before the expiration of the performance obligation arising from the Contract, provided that the Buyer is informed and his express approval is obtained.

For the delivery of the product subject to the contract, this Agreement must be confirmed electronically and the price of the order subject to the contract must be paid. If the product price is not paid for any reason or is canceled in bank records, the Seller is deemed to be relieved of its obligation to deliver the product under this Agreement.

The Seller is responsible for any loss or damage that occurs until the goods are delivered to the Buyer or a third party determined by the Buyer other than the carrier. If the Buyer requests the goods to be sent by a carrier other than the carrier specified by the Seller, the Seller is not responsible for any loss or damage that may occur after the delivery of the goods to the relevant carrier.

The service offered by the seller is intended for the end user within the scope of retail sales; The Seller reserves the right to cancel the order and not deliver the products, even if this Agreement has been established, if the Seller suspects that the Buyer has a resale purpose.

The Buyer must inspect the product before receiving it, and should not receive the defective or damaged product, which can be detected by ordinary inspection, from the Seller representative or the cargo company. If the buyer neglects to inspect the goods and receives the goods, he is deemed to have accepted that the product is intact and undamaged.

SELLER’S REPRESENTATIONS AND COMMITMENTS
The Seller is responsible for delivering the goods or services subject to the contract to the Buyer in a sound, complete manner, in accordance with the consumer legislation, in accordance with the qualifications specified in the order, and with warranty documents and user manuals, if any.

The Seller may supply a different product of equal quality and price to the Buyer before the expiry of the performance obligation arising from the Contract, provided that it is based on a justified reason, informs the Buyer and obtains its express approval.

BUYER’S RIGHT OF WITHDRAWAL
Without prejudice to the other provisions set out in the Agreement, the terms and conditions set out under this Article 8 will be valid only if the Buyer qualifies as a consumer within the scope of the relevant legislation.

The right of withdrawal and its use for Buyers who are consumers within the scope of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation:

In accordance with the relevant provisions of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation;

Consumer Buyer; In contracts regarding the performance of services, the day the contract is established; In distance contracts for the sale of goods, the customer has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the goods, without giving any justification and without paying any penalty. It is sufficient that the notification regarding the exercise of the right of withdrawal be sent to the Seller in writing or via a permanent data storage device within this period. The contact information of the Seller to whom the withdrawal notification can be made is as follows:

Address: Etiler Mahallesi Dilhayat Sokak No:24 Beşiktaş/İstanbul

Fax Number: 0212 257 18 18

Email: milkywilky.tr@gmail.com

The consumer and the Buyer will be informed after the notification regarding the exercise of the right of withdrawal reaches the Seller.

The Seller shall, within 14 (fourteen) days from the date of receipt of the notification that the consumer Buyer has exercised his right of withdrawal, all payments made by the consumer Buyer to the Seller regarding the relevant goods or services, including the delivery costs of the goods to the consumer Buyer, if any. The consumer will return it to the Buyer at once, in accordance with the payment instrument used when purchasing, and without incurring any costs or obligations to the consumer.

If the Consumer Buyer exercises his right of withdrawal, the cargo company that will return the product specified by the Seller is Kolay Gelsin or Yurtiçi Kargo, with whom the Company has an agreement. In case the right of withdrawal is exercised, the consumer and the Buyer will not be held responsible for the expenses related to the return if the goods are sent back via the cargo company specified here. If the Consumer Buyer sends the goods to be returned by a cargo company other than the Seller’s contracted cargo company specified in this Agreement, the Seller is not responsible for the return shipping costs and any damage that the goods may suffer during the shipping process. If the cargo company contracted for the return does not have a branch in the location of the consumer Buyer, the Seller is obliged to ensure that the goods to be returned are collected from the consumer without demanding any additional costs.

The Consumer must return the goods to the Seller within 10 (ten) days from the date on which the Buyer notifies that he/she has exercised his/her right of withdrawal. Along with the goods subject to return, the invoice, box, packaging, standard accessories, if any, and other products given as a gift due to the purchase of the goods in question must be returned to the Seller completely and undamaged. The Consumer Buyer must use the goods in accordance with its operation, technical specifications and usage instructions within the withdrawal period, otherwise he will be responsible for any changes or deteriorations that occur in the goods.

Since the refund of order prices paid through bank accounts or credit cards and their reflection on the consumer Buyer’s accounts is entirely related to the bank transaction process, it is not possible for the Seller to intervene in any way for possible delays. For this reason, it may take a long time for the amount returned to the consumer Buyer’s bank account or credit card to be reflected by the bank to the consumer Buyer’s account or credit card.

In accordance with Article 15 of the Distance Selling Regulation, the consumer Buyer’s right of withdrawal; (a) Regarding goods or services whose prices change depending on fluctuations in financial markets and which are not under the control of the seller or provider, (b) Regarding goods prepared in line with the wishes or personal needs of the consumer, (c) Regarding the delivery of goods that are perishable or may expire quickly, (ç) ) from goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; Regarding the delivery of goods that are not suitable for return in terms of health and hygiene, (d) related to goods that are mixed with other products after delivery and cannot be separated due to their nature, (e) books presented in tangible form if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods. , regarding digital content and computer consumables, (f) regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement, (g) accommodation, goods transportation, car rental, food and beverage supply that must be carried out on a certain date or period. It does not apply to contracts regarding the use of free time for entertainment or recreation purposes, (ğ) services performed instantly in the electronic environment or intangible goods delivered instantly to the consumer, and (h) contracts related to services started to be performed with the approval of the consumer before the right of withdrawal expires. and the consumer Buyer cannot exercise the right of withdrawal within the scope of these agreements.

Complaint and objection procedure for Buyers who are consumers within the scope of the Consumer Protection Law No. 6502 and the Distance Contracts Regulation:

All kinds of complaints and objections regarding this Agreement can be made to the Consumer Problems Arbitration Committee or the Consumer Court in the place where the Buyer is located or where the consumer transaction is made, according to the monetary limits determined by the Ministry of Commerce in December every year.

SELLER’S RESOLUTION METHOD FOR COMPLAINTS
The Buyer may directly convey his/her complaints regarding the purchased goods and/or services to the Seller (using the Seller’s contact addresses specified under the Parties heading above). If the complaint is forwarded, the Seller will provide all possible support to resolve the problem.

DEFAULT AND LEGAL CONSEQUENCES
In case the Buyer defaults in the transactions made by credit card, the card holder will be liable to the bank within the framework of the credit card agreement made with the bank. In this case, the relevant bank may take legal action and request the expenses and attorney fees incurred from the Buyer. In case of default by the Buyer under any circumstances, the Buyer will be responsible for any damage or loss suffered by the Seller.

INTELLECTUAL PROPERTY
The Buyer shall use the special design techniques, textures, patterns, designs, drawings, design elements (icons, buttons, etc.), styles, gradient and solid color tones and all kinds of graphic designs, illustrations, drawings, designs and works used in the designs of the products produced by the Seller. The Seller accepts and declares that all rights arising from the Law on Intellectual and Artistic Works (FSEK) of the items used in the design and all products offered for sale on the Site belong to the Seller.

Regarding all kinds of information and content on the site and their arrangement, revision and partial/full use; Except for those belonging to other third parties according to the Seller’s agreement; All intellectual-industrial rights and property rights belong to the Seller. All or part of the product(s) purchased by the Buyer and/or any information, software or service obtained from the product cannot be changed, copied, distributed, reproduced, published, subject to derivative works, transferred or sold. The Buyer hereby accepts and undertakes that he will not use the product he purchased for illegal purposes and/or in these prohibited ways. Otherwise, all legal and criminal liability that may arise belongs to the Buyer, and the Seller reserves the right to claim all kinds of compensation and other claims arising from such unauthorized use, against all claims and demands that may be made against the Seller by third parties or competent authorities.

DISPUTE RESOLUTION
All kinds of complaints and objections regarding this Agreement can be made to the Consumer Problems Arbitration Committee or the Consumer Court in the place where the Buyer is located or where the consumer transaction is made, according to the monetary limits determined by the Ministry of Commerce in December every year.

OTHER PROVISIONS
The Seller may transfer its rights and obligations arising from this Agreement to third parties without obtaining the approval of the Buyer. The Buyer cannot transfer its rights and obligations arising from this Agreement to third parties without obtaining the approval of the Seller.

The Buyer acknowledges and agrees that in case of disputes that may arise within the scope of this Agreement, the electronic records and system records, commercial records, book records, microfilm, microfiche and computer records kept by the Seller in its database or servers will constitute valid, binding, definitive and exclusive evidence. He accepts that he has freed the Seller from offering an oath and that this article is in the nature of an evidentiary contract within the meaning of Article 193 of the Code of Civil Procedure.

The occurrence of circumstances beyond the control of the Parties that prevent and/or delay the Parties from fulfilling their obligations under this Agreement without any fault or negligence of the relevant Party is considered as a force majeure situation. (For example, strike, lockout, war whether declared or not, civil war, acts of terrorism, earthquake, fire, flood, similar natural disasters, legislative and administrative actions of any official authority, provided that they are not caused by the inadequacy of any of the Parties, internet connection technical malfunctions and delays that may occur due to malfunctions and delays caused by other service providers and similar situations). The parties cannot be held responsible for failure to fulfill their obligations fully or on time in situations that include these and similar events that are beyond their control and cannot reasonably be foreseen. The Party whose obligations are affected by any force majeure event shall notify the other Party in writing as soon as possible and shall deliver to the other Party a document certifying the force majeure event in question issued by an authorized person or institution as soon as possible.

FORCE
This Agreement has been concluded and entered into force by being approved electronically by the Buyer on the date it was approved online. Transactions made through the site are considered as binding declarations of intent on the parties in accordance with the Turkish Code of Obligations, consumer legislation and other applicable legislation.

The text of this Agreement will be sent via e-mail to the e-mail address provided by the Seller immediately after its approval and will be kept by the Seller for 3 (three) years. The Buyer may request access to a copy of this Agreement from the Seller at any time by sending a request to the e-mail address milkywilky.tr@gmail.com.

SALES PERSON

SGM Ready-made Clothing and Textile Trade. Singing. Ltd. Ltd.

BUYER