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Sales Agreement

Sales Agreement

All users are considered to have read and approved the sales agreement the moment they carry out membership transactions.

The sales agreement is a contract in a virtual environment between Madame Coco and the customer.

Terms and Conditions

Article – 1: SUBJECT

The subject of this agreement is the determination of the rights and obligations of the parties, pursuant to the provisions of the Law on Consumer Protection No.6502 and the Regulation on Distance Contracts published in the Official Gazette on 27.11.2014, with reference to the sale and delivery of products whose qualities and sales price are specified below, for which the BUYER made an order in an electronic setting from the website “www.madamecoco.com” belonging to the SELLER (“Website”).

Article – 2: SELLER INFORMATION

Title: DEHA MAĞAZACILIK EV TEKSTİLİ SAN.TİC.A.Ş. (Hereinafter will be referred to as “MADAME COCO” or “SELLER”) Address: Gülbahar Mh. Avni Dilligil Sk. Çelik İş Merkezi B Blok Telephone: +90 212 267 27 51-52 Fax: +90 212 267 27 80 Product Return Address: Madame Coco E-Commerce Unit: Akçaburgaz Mah. 1567 Sok. No:2 (Netlog Lojistik) Esenyurt / İstanbul E-Mail: info@madamecoco.com

Article – 3: BUYER INFORMATION

All members are all buyers who become members and shop on the e-commerce store of the Madame Coco company madamecoco.com. (Hereinafter will be referred to as the “BUYER” or the “CLIENT”)

Article – 4: SUBJECT OF CONTRACT AND PRODUCT INFORMATION

The Type, Amount, Brand/Model, Colour, Number, Sales Cost, and Payment Method of the Good/Product or Service are as specified on the site, and these commitments may change without notifying the Buyer.

Article – 5: GENERAL PROVISIONS

5.1. The BUYER declares that the basic qualities, sales price including all taxes, payment method and delivery of the product subject to the contract in the manner specified on the Website and all costs of these will be covered by the BUYER; that they have read and are informed about the prior knowledge regarding the duration in which the delivery will be carried out and the full commercial title, open address, and contact information of the SELLER; and that they provide the necessary confirmation in the electronic setting.

5.2. The SELLER is not responsible directly or indirectly for any damage that may arise due to the violation or unjust action of the contract or as a consequence of any other cause because of the use of the Website or mobile application and programs with other data. The SELLER does not accept any kind of responsibility for the violation, unjust action, or negligence of the contract or as a result of other reasons; for the interruption of the transaction, error negligence, interruption, deletion, loss, delay in transaction or communication; computer virus, malfunctions occurring in telecommunications lines, communication errors, theft, destruction, or the unauthorized entry, change, or use of records.

5.3. The SELLER retains the right to change, reorganize, or freeze from publication, without the need for a prior notification, the information presented on the Website and/or Mobile Application, with the conditions of any and all service, product, and use available on the Website and/or Mobile Application. Changes go into effect on the date of publication on the Website and/or Mobile Application. The company recommends that the BUYER visits the legal disclaimer page on each visit to the Website and/or Mobile Application. These conditions are valid for the other Internet pages whose links are provided.

5.4. The Website and the Mobile Application may contain links or references to other websites not under the control of the SELLER. The SELLER is not responsible for the content of these sites or the other links they contain.

5.5. The SELLER is the owner or licensee of all information, images, any and all marks, field names, logos, icons, and all technical data provided demonstratively, in writing, electronically, graphically, or in a machine readable fashion, and all materials including computer software, applicable sales systems, working methods, and business models (“Materials”), with the general appearance and design of the Website and Mobile Application and on the Website and Mobile Application; and of any intellectual and industrial property rights; and the Materials are legally protected. No material found on the Website and/or Mobile Application may be changed, copied, distributed, transferred to another license, republished, loaded to another computer, mailed, forwarded, presented, or distributed, including code and software, without obtaining prior authorization and without displaying the source. All or part of the Website and/or Mobile Application may not be used without authorization in another website or mobile application. Should there be any determination of a situation to the contrary, the SELLER retains all rights regarding legal and penal responsibility and that are not expressly specified here.

5.6. The personal information of the BUYER may be imparted to the official bodies, should this information be requested in due form by official bodies and in situations where it must import this information to official bodies pursuant to mandatory legal provisions that are in effect.

5.7. The product subject to the agreement shall be delivered by the delivery company with which the SELLER is in agreement to the BUYER or the individual/institution at the address the BUYER has provided, within the period specified in the prior knowledge on the Website, in relation to the distance of the settled location of the BUYER, for each product, on the condition that it does not exceed the 30-day period following the date of the order. The delivery Company with which the SELLER is in agreement as of the date of the approval of this Agreement is Aras Kargo (Aras Dağıtım ve Pazarlama). Should the total order cost of any and all delivery/shipment fees with regard to the delivery shown in Article 3 be under 150 (one-hundred and fifty) Turkish Lira, it will be covered by the BUYER and will be reflected under the name “Delivery Fee” on the receipt regarding the order.

5.8. If the product(s) subject to this Agreement will be delivered to an individual/institution other than the BUYER, the SELLER is not responsible for the failure to accept the delivery of the individual/institution to whom the delivery is made, or for the damages that may arise as a result of this.

5.9. The SELLER is not responsible for damages that may arise as a result of the error or negligence of the delivery company responsible for the shipment during the delivery stage to the BUYER of the product(s) and/or for their failure to be delivered to the BUYER.

5.10. The SELLER is responsible for the sturdy and complete delivery of the products subject to the agreement in accordance with the qualities specified in the order and, if applicable, with the warranty documents and user manuals.

5.11. Should the fulfilment of the product or service subject to the order become impossible or should the SELLER be unable to fulfil the obligations subject to the agreement, the SELLER is to notify the BUYER of this situation before the period of the obligations of execution arising from the agreement expire and may supply a different product to the BUYER at equal quality and price.

5.12. Should the relevant bank or financial institution not pay to the SELLER the cost of the product after the delivery of the product(s) due to the unjust or illegal use by unauthorized individuals of the credit card, bank card, debit card, or other payment systems offered on the Website and Mobile Application belonging to the BUYER, in a manner not originating from the fault of the BUYER; the BUYER must return to the SELLER within 3 (three) days the relevant product, on the condition that it has been delivered to the BUYER. Otherwise, the BUYER acknowledges and undertakes that any and all legal processes will be carried out against itself.

5.13. Should the product or service that was purchase by the BUYER not be in the stock of the supplying company from which the SELLER receives services and should there not be a product of equivalent price, the SELLER retains the right to return the cost that the BUYER paid.

5.14. If the SELLER is unable to deliver within its time frame the product subject to the agreement for compelling reasons or due to exceptional circumstances such as adverse weather conditions inhibiting shipment or the interruption of accessibility, it is obligated to notify the BUYER of the situation. In this case, should the BUYER cancel the order, the amount that was paid is to be reimbursed within 14 (fourteen) days, in a lump sum appropriate for the payment method that was used when the product(s) were purchased.

5.15. In payments that the BUYER made with a credit card, the amount of the product(s) is to be returned to the relevant bank within 14 (fourteen) days after the order is cancelled by the BUYER. Because the reflection on the accounts of the BUYER of this amount after its refund to the bank is entirely related to the transaction process of the bank, the BUYER acknowledges in advance that the SELLER will be unable to engage in any kind of intervention for potential delays and that the reflection on the account of the BUYER by the bank of the amount refunded to the credit card by the SELLER could last an average of 2 to 3 weeks.

5.16. The SELLER retains the right to cancel over the Website any acquisitions that exceed the need of the BUYER. Should the number of products being purchased exceed 3 (three) in wholesale acquisitions that exceed the need of the BUYER, the SELLER retains the right to cancel the order outright or ensure only the delivery of the 3 (three) products that remain within the limits of retail acquisition.

5.17. Should the transaction regarding the relevant amount in shopping that the BUYER carried out with a credit card be unable to be completed due to 3 (three) incorrect password entries, the SELLER retains the right to request any and all information and documentation from the BUYER, including visual tools that will confirm identity and credit card information. Should this information and documentation be unable to be procured by the BUYER, be procured incompletely, or should the procured information and documentation not correspond with the order information; the SELLER retains the right to cancel the relevant order immediately and without remaining under any kind of liability or compensation cost.

5.18. Should the product price be written well under the market price in a manner in which it is understood by an average of one person that there is an open error, the SELLER retains the right to cancel all orders provided based on this erroneous price. The BUYER acknowledges and declares that they will not engage in any right or demand due to an open error in such a situation.

Article – 6: RIGHT OF WITHDRAWAL

The BUYER has the right to withdrawal without having to provide any kind of reason within 14 (fourteen) days following the delivery of the product(s) subject to the agreement, to the individual/institution at the notified address. Should the right to withdrawal be used, the products should be returned by the delivery firm with which the SELLER is in agreement and will notify its customers on the Website. Should the product(s) be sent for return with the delivery firm with which the SELLER is in agreement, the costs arising from the use of the right of withdrawal reside with the SELLER.

Should a product be returned for any reason within its term with the delivery firm with which the SELLER is in agreement and which has been notified to the BUYER, the shipment costs will be covered by the BUYER. In order for the right to withdrawal to be used, there must be a notification by fax, telephone, or email to the SELLER within a period of 14 (fourteen) days; and the product must be in accordance with the use of the right of withdrawal within the framework of the provisions of article 6 and must be resubmitted for sale by the SELLER. Should this right be used;

6.1. Receipt of the product delivered to a third party or the BUYER (It must be returned together with the return receipt that the institution arranged while returning the product and for which a corporate invoice has been made out regarding the product wanting to be returned. Should a RETURN RECEIPT of the order returns arranged on behalf of the institution not be made out, the return will be unable to be completed),

6.2. Return form,

6.3. The box, packaging, and - if applicable - the standard accessories must be delivered completely and without damage to the product return address of the SELLER specified in the first article for products that will be returned within the 10 (ten) day period following the notification of the right of withdrawal. The SELLER shall return to the BUYER all payments made in the scope of the product within 14 (fourteen) days following the date on which the notification of BUYER for the right of withdrawal reaches its party.

While returning the product to the SELLER, the original receipt that was submitted to the BUYER during the delivery of the product must also be returned (for purposes of ensuring consistency in accounting records). The notification of “return receipt” will be written on the receipt that will be returned together with the product and will be signed by the BUYER. Should the receipt not be sent together with the product to the SELLER or no later than within 5 (five) days following the sending of the product, the return transaction will not be carried out, and the product will be sent back to the BUYER in the same manner, the delivery costs of which to be paid for by the BUYER upon delivery.

Article – 7: PRODUCTS WHICH CANNOT BE USED WITH THE RIGHT OF WITHDRAWAL

The BUYER cannot use the right of withdrawal in the scope of the products below in the framework of Article 15 of the Regulation on Distance Contracts published in the Official Gazette on 27.11.2014:

7.1. Products regarding goods or services whose prices change based on the undulations in the financial markets and that are beyond the control of the SELLER or the supplier.

7.2. Products regarding goods that are prepared in accordance with the wishes or personal needs of the BUYER.

7.3. Products regarding the delivery of goods that may quickly expire or whose expiration date may pass. Products regarding the delivery of goods whose protective elements, such as packaging, tape, seal, or package, have been opened after delivery, and goods whose return is unsuitable in terms of health and hygiene.

7.4. Agreements regarding goods mixed with other products after delivery and whose research concerning the environment is not possible.

7.5. Products regarding books, digital content, and computer consumables presented in material form, should the protective elements, such as packaging, tape, seal, or package, of the goods have been opened after the delivery.

7.6. Products regarding the delivery of periodicals such as newspapers and magazines, apart from those provided in the scope of subscription agreements.

7.7. Products regarding the evaluation of leisure time for the purpose of accommodation, goods transport, car rentals, eating-drinking support, and entertainment or relaxation, which must be done on a certain date or period.

7.8. Products regarding services executed momentarily in an electronic environment or immaterial goods delivered immediately to the BUYER.

7.9. Products regarding services whose execution began with the approval of the BUYER, before the end of the period of the right of withdrawal.

Article – 8: COMPETENT AUTHORITY

The Consumer may submit applications on the subject of complaints or appeals to the Provincial and District Arbitration Committee for Consumer Problems or to the Consumer Tribunal at the location in which they have purchased the goods or services or in which they reside, within the monetary borders specified in the month of December each year by the Ministry of Customs and Trade.