Distance Sales Contract and Preliminary Information Form

DISTANCE SALES CONTRACT

ARTICLE 1 - PARTIES

1.1- SELLER:

Title: Milou Jewelry - Aslı Özçoban Ünsal
Address: Pınar Mah. Kılıç Sk. İstinyepark Evleri Ardıç A Block Flat: 4 İstinye 34460 Sarıyer Istanbul
Phone: +90 532 236 69 07
E-mail:info@miloujewelry.com.tr

1.2- BUYER: Will be referred to as the Buyer.

ARTICLE 2 - SUBJECT

The subject of this contract is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 4077 on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts, regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically from the SELLER's website miloujewelry.com.tr.

ARTICLE 3 - PRODUCT SUBJECT TO THE CONTRACT

Date: Purchase date

Product information: Purchased product

Shipping Amount: Delivery shipping amount collected by the seller

The type and kind, quantity, brand/model and color sales price of the products are as stated above.

Payment method: Credit card or bank transfer
Delivery address: The address entered by the recipient into the system
Payment schedule: Buyer's payment plan in cash or installments

ARTICLE 4 - GENERAL PROVISIONS

4.1- The BUYER declares that he/she has read and is informed about the basic characteristics, sales price, payment method and preliminary information regarding delivery of the contractual product on the miloujewelry.com.tr website and has given the necessary confirmation electronically.
4.2- The product subject to the contract is delivered to the BUYER or the person/organization at the address specified by him/her within the period specified in the preliminary information on the website, depending on the distance of the BUYER's place of residence for each product, provided that it does not exceed the legal 30-day period.
4.3- 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 whom the product is to be delivered does not accept the delivery.
4.4- The SELLER is responsible for delivering the product subject to the contract in a sound and complete manner, in accordance with the specifications specified in the order, and with warranty documents and user manuals, if any.
4.5- For the product to be delivered, a signed copy of this contract must be delivered to the SELLER and the payment must be made using the payment method chosen by the BUYER. If, for any reason, the product price is not paid or is cancelled in bank records, the SELLER is deemed to be released from its obligation to deliver the product.
4.6- If the relevant bank or financial institution fails to pay the price of the product to the SELLER due to the unfair or illegal use of the BUYER's credit card by unauthorized persons, not due to the BUYER's fault, after the delivery of the product, the product must be sent to the SELLER within 3 days, provided that it has been delivered to the BUYER. In this case, the shipping costs are the responsibility of the BUYER.
4.7- If the SELLER is unable to deliver the contracted product within the specified time due to force majeure or extraordinary circumstances such as adverse weather conditions or transportation interruptions, the SELLER is obligated to notify the BUYER. In such cases, the BUYER may exercise one of the following rights: cancel the order, replace the contracted product with a comparable product, if any, and/or postpone the delivery until the impeding condition is resolved. If the BUYER cancels the order, the amount paid will be refunded in cash and in one lump sum within 10 days.
4.8- Defective or broken products, whether sold with or without a warranty certificate, can be sent to the SELLER for the necessary repairs under warranty conditions, in which case the shipping costs will be covered by the SELLER.

ARTICLE 5 - RIGHT OF WITHDRAWAL

The BUYER has the right of withdrawal within 7 days from the delivery of the product subject to the contract to them or to the person/entity at the address they have specified. To exercise the right of withdrawal, the SELLER must be notified by fax, e-mail, or telephone within this period, and the product must not have been used in accordance with the provisions of Article 6. In the event of exercising this right, a copy of the cargo delivery report certifying that the product delivered to a third party or the BUYER was sent to the SELLER, along with the original invoice, must be returned. The product price will be refunded to the BUYER within 7 days following the receipt of these documents. If the original invoice is not returned, VAT and any other legal obligations cannot be refunded. The shipping cost of the product returned due to the right of withdrawal will be covered by the BUYER.

ARTICLE 6 - PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

The right of withdrawal cannot be exercised for products that cannot be returned due to their nature, single-use products, copyable software and programs, or products that deteriorate rapidly or have expired. For the following products, exercising the right of withdrawal is contingent on the product's packaging being unopened, intact, and unused.

-Portable Computer (No returns will be accepted after the original operating system is installed.)
-All kinds of software and programs
-DVD, VCD, CD and cassettes
-Computer and stationery consumables (toner, cartridge, ribbon, etc.)
-All kinds of cosmetic products
-Phone top-up orders

ARTICLE 7 - COMPETENT COURT

In the implementation of this contract, Consumer Arbitration Committees and Consumer Courts at the BUYER's or SELLER's place of residence are authorized up to the value declared by the Ministry of Industry and Trade.

If the order is placed, the BUYER is deemed to have accepted all the terms of this contract.

SALES PERSON

Milou Jewelry - Aslı Özçoban Ünsal

BUYER

Name: Name of the recipient
Surname: Recipient's surname



PRELIMINARY INFORMATION FORM

TOPIC 1
The subject of this Sales Contract Preliminary Information Form covers the rights and obligations of the parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers - Distance Contracts Regulation (Official Gazette: 27.11.2014/29188) regarding the sale and delivery of the product(s) sold by the SELLER to the CUSTOMER/BUYER, the specifications and sales prices of which are specified below. By accepting this Preliminary Information Form, the BUYER acknowledges that upon confirming the order, they will be obligated to pay the order price and any additional fees specified, such as shipping and taxes, and that they have been informed accordingly.

2. SELLER INFORMATION
Title: Milou Jewelry - Aslı Özçoban Ünsal
Address: Pınar Mah. Kılıç Sk. İstinyepark Evleri Ardıç A Block Flat: 4 İstinye 34460 Sarıyer Istanbul
Phone: +90 532 236 69 07
E-mail:info@miloujewelry.com.tr

3. BUYER INFORMATION (Hereinafter referred to as BUYER.)
Person to be delivered: Name of the recipient
Delivery Address: Delivery address specified by the buyer
Phone: Recipient's phone number
Email/username: Recipient's email address

4. INFORMATION ABOUT THE PRODUCT(S) SUBJECT TO THE CONTRACT
4.1 The basic characteristics of the goods/products/services (type, quantity, brand/model, color, number) are available on the SELLER's website. You can review the basic features of the product during the campaign period. The offer is valid until the campaign date.
4.2 The prices listed and announced on the site are the sales prices. Advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.
4.3 The sales price of the goods or services subject to the contract, including all taxes, is shown in the table below.

5. GENERAL PROVISIONS

5.1. The BUYER acknowledges, declares, and undertakes to have read and been informed of the basic characteristics, sales price, payment method, and preliminary delivery information regarding the contracted product on the SELLER's website, and to have provided the necessary confirmation electronically. By electronically confirming the Preliminary Information, the BUYER acknowledges, declares, and undertakes to have obtained the address that should have been provided to the BUYER by the SELLER before the distance sales contract was established, the basic characteristics of the ordered products, the price of the products, including taxes, and payment and delivery information, all of which are accurate and complete.

5.2. Each product subject to this contract will be delivered to the BUYER or the person and/or organization at the address specified by the BUYER within the period specified in the preliminary information section of the website, depending on the distance from the BUYER's residence, provided that the legal period does not exceed 30 days. If the product cannot be delivered to the BUYER within this period, the BUYER reserves the right to terminate the contract.

5.3. The SELLER accepts, declares and undertakes to deliver the product subject to the contract in full, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any; to perform the work in accordance with the standards, free from all defects, in accordance with the legal legislation requirements and with the information and documents required for the work, in accordance with the principles of honesty and integrity; to maintain and improve the service quality; to show the necessary attention and care during the performance of the work and to act with prudence and foresight.
5.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his/her explicit approval before the expiration of the performance obligation arising from the contract.

5.5. The SELLER accepts, declares and undertakes that if it cannot fulfill its contractual obligations in the event that the fulfillment of the ordered product or service becomes impossible, it will notify the consumer in writing within 3 days from the date it becomes aware of this situation and will refund the total price to the BUYER within 14 days.

5.6. The BUYER accepts, declares and undertakes that it will confirm this Preliminary Information Form electronically for the delivery of the contractual product, and that if the contractual product price is not paid and/or is cancelled in the bank records for any reason, the SELLER's obligation to deliver the contractual product will be terminated.

5.7. If the price of the contractual product is not paid to the SELLER by the relevant bank or financial institution as a result of the unauthorized use of the BUYER's credit card by unauthorized persons after the delivery of the contractual product to the BUYER or to the person and/or organization at the address indicated by the BUYER, the BUYER accepts, declares and undertakes to return the contractual product to the SELLER within 3 days, with the shipping costs being borne by the SELLER.

5.8. If the SELLER is unable to deliver the contract product within the specified time due to force majeure events that occur beyond the parties' control, are unforeseen, and prevent and/or delay the fulfillment of the parties' obligations, the SELLER accepts, declares, and undertakes to notify the BUYER. The BUYER also has the right to request that the order be canceled, the contract product be replaced with a comparable product, if any, and/or the delivery time be postponed until the preventing situation is resolved. In the event of cancellation of the order by the BUYER, for payments made by cash, the price of the product will be paid to the BUYER in cash and in a lump sum within 14 days. For payments made by credit card, the price of the product will be refunded to the relevant bank within 14 days of the BUYER's cancellation of the order. BUYER accepts, declares and undertakes that the average process for the amount refunded to the credit card by the SELLER to be reflected in the BUYER's account by the bank may take up to 2 to 3 weeks, and since the reflection of this amount in the BUYER's account after its refund to the bank is entirely related to the bank transaction process, BUYER accepts, declares and undertakes that it cannot hold the SELLER responsible for possible delays.

6. INVOICE INFORMATION
Buyer's invoice information

7. RIGHT OF WITHDRAWAL
7.1. In distance contracts related to the sale of goods, the BUYER may exercise the right of withdrawal from the contract by rejecting the goods within 14 (fourteen) days from the date of delivery of the product to the BUYER or the person/entity at the address specified, without assuming any legal or criminal liability and without giving any justification, provided that the BUYER notifies the SELLER. In distance contracts related to the provision of services, this period begins from the date of signing the contract. The right of withdrawal cannot be exercised in service contracts where the performance of the service begins with the consumer's approval before the expiration of the right of withdrawal period. The costs arising from the exercise of the right of withdrawal shall be the responsibility of the SELLER. By accepting this contract, the BUYER acknowledges that it has been informed of the right of withdrawal.
7.2. In order to exercise the right of withdrawal, written notice must be given to the SELLER by registered mail, fax or e-mail within 14 (fourteen) days and the product must not have been used in accordance with the provisions of "Products for which the Right of Withdrawal Cannot Be Used" set out in this contract. In case of exercising this right,
7.2.1 The invoice of the product delivered to the 3rd party or the BUYER (If the invoice of the product to be returned is from a corporate entity, it must be sent together with the return invoice issued by the institution. Returns of orders whose invoices are issued in the name of institutions cannot be completed unless a RETURN INVOICE is issued.)
7.2.2. Return form,
7.2.3. The products to be returned must be delivered complete and undamaged, including the box, packaging and standard accessories, if any.
7.2.4. The SELLER is obliged to return the total price and the documents that put the BUYER under debt to the BUYER within 10 days at the latest from the date of receipt of the notice of withdrawal and to take back the goods within 20 days.
7.2.5. If the value of the goods decreases or return becomes impossible due to a reason arising from the BUYER's fault, the BUYER is obligated to compensate the SELLER for damages to the extent of the BUYER's fault. However, the BUYER is not responsible for any changes or deterioration in the goods or products resulting from improper use during the right of withdrawal period.
7.2.6. If the amount falls below the campaign limit set by the SELLER due to the exercise of the right of withdrawal, the discount amount used within the scope of the campaign will be cancelled.

8. PRODUCTS FOR WHICH THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

8.1. a) Contracts regarding goods or services whose prices vary depending on fluctuations in financial markets and are not under the control of the seller or provider.
b) Contracts regarding goods prepared in line with the consumer's wishes or personal needs.
c) Contracts for the delivery of goods that are perishable or may expire quickly.
d) Contracts regarding the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery and whose return is not suitable for health and hygiene reasons.
d) Contracts concerning goods that are mixed with other products after delivery and cannot be separated due to their nature.
e) Contracts regarding books, digital content and computer consumables, data recording and data storage devices presented in physical form, if protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.
f) Contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement.
g) Contracts regarding accommodation, goods transportation, car rental, food and beverage supply and the utilization of free time for entertainment or recreation purposes, which must be made on a specific date or period.
g) Contracts regarding services performed instantly in electronic environment or intangible goods delivered instantly to the consumer.
h) Contracts regarding services that begin to be performed with the consumer's approval before the expiration of the right of withdrawal period.
In order for cosmetics and personal care products, underwear, swimsuits, bikinis, books, copyable software and programs, DVDs, VCDs, CDs and cassettes, and stationery consumables (toner, cartridges, ribbons, etc.) to be returned, their packaging must be unopened, untested, undamaged, and unused.
8.2. The SELLER may submit complaints and objections to the consumer arbitration committee or consumer court in the place where the consumer resides or where the consumer transaction was conducted, within the monetary limits specified in the following law. Information regarding the monetary limits is provided below:
Effective as of 28/05/2014:
a) In accordance with Article 68 of the Consumer Protection Law No. 6502, disputes with a value below 2,000.00 (two thousand) TL shall be referred to the district consumer arbitration committees.
b) For disputes with a value below 3,000.00 (three thousand) TL, to the provincial consumer arbitration committees,
c) In provinces with metropolitan status, applications are made to the provincial consumer arbitration committees for disputes between 2,000.00 (two thousand) TL and 3,000.00 (three thousand) TL.
This Agreement is made for commercial purposes.



TERMS AND CONDITIONS

1. Persons under the age of 18 cannot shop at miloujewelry.com.tr.

2. When shopping at miloujewelry.com.tr, you can use bank transfer or cash on delivery. Payment methods other than these are not accepted.

3.miloujewelry.com.tr will deliver your orders accompanied by a delivery note and invoice as required by law.

4. miloujewelry.com.tr is not responsible for price errors that occur due to system errors.

5. Circumstances that do not exist and are unforeseen at the time the contract is signed, that develop beyond the control of the parties, and that make it impossible for one or both parties to partially or fully fulfill their obligations and responsibilities undertaken under the contract, or to fulfill them on time, shall be considered force majeure (natural disaster, war, terrorism, riot, legislative provisions, seizure or strike, lockout, significant malfunction in production and communication facilities, etc.). The party experiencing the force majeure shall immediately notify the other party of the situation in writing. No liability shall arise for the parties' failure to perform their obligations during the force majeure period. If this force majeure continues for 10 (ten) days, each party shall have the right to terminate the contract unilaterally.

6. While stock information for products offered by miloujewelry.com.tr is updated daily, some ordered items may be difficult to obtain. In such cases, our department will notify you by phone or email. If you have already paid for the product, the amount will be refunded as soon as possible.

7. Delivery of a collected order is made via the contracted Cargo Company.

8. Shipping costs for exchanges are covered by the customer. Exchanges are made with an invoice.

9. If your packages are not delivered within the specified timeframe, you can notify miloujewelry.com.tr by writing to info@miloujewelry.com.tr. The package can be tracked by either us or the customer contacting the courier company. Once the package is received, it is deemed that the delivery company has performed its duty properly. Therefore: Packages found to be damaged during delivery should not be accepted, and a report should be kept. miloujewelry.com.tr will begin working on your order and ensure repeat delivery as soon as possible.

10. Your cancellation will be processed if you contact us by phone or e-mail and indicate your cancellation request before the product you have purchased is shipped.

11. The person who makes a purchase from miloujewelry.com.tr is deemed to have accepted all the above terms.