DISTANCE SALES AGREEMENT

• PARTIES

• This Distance Sales Agreement ("Agreement"); is established electronically between NMS Giyim ve Mağazacılık Ticaret A.Ş ("Seller") located at Maltepe Mahallesi, Eski Çırpıcı Yolu Sokak, No:8/33, 34025 Zeytinburnu Istanbul /Turkey with the e-mail address [email protected] Mersis No: 0631193081200001 and the person ("Buyer") who purchases products/services through the website www.babyfee.co The Agreement is entered into voluntarily by both Parties under the terms and conditions set forth below.
   Name and Surname of the Buyer’s    :
   Buyer's Address        :
   Buyer’s Phone        :
   Buyer's E-mail Address    :
• NMS and Buyer will be referred to as "Party" and together as "Parties" under this Agreement. The Parties hereby accept, declare and undertake that they have read the entire Agreement, understand its contents and approve all provisions of this Agreement.

• SUBJECT AND SCOPE OF THE AGREEMENT 

The subject of this Agreement is to define the rights and obligations of the Parties in accordance with the provisions of Law No. 6502 on the Protection of Consumers ("TKHK") and the Distance Contracts Regulation ("Regulation") regarding the sale and delivery of products, the nature and price of which are specified below. These products have been ordered electronically by the Buyer through the website www.babyfee.co ("Website"), where the products offered by NMS are sold.

• THE MOMENT OF THE ESTABLISHMENT OF THE AGREEMENT

This Agreement shall be considered established between the Buyer and NMS upon the confirmation email, which indicates that the order has been received and accepted by the Buyer. This email will be sent to the email address provided by the Buyer after completing the purchasing procedures on the Website and clicking the "Confirm Payment" option. The Parties agree that the provisions of this Agreement do not contain any unfair terms and do not contradict the balance of interests.

• INFORMATION OF THE GOODS OR SERVICES SUBJECT TO THE AGREEMENT

The basic qualities, sales price, delivery and payment terms of the product subject to this Agreement are as follows:

Product Code and Name	Quantity	Unit Price (Including VAT)
[...]	[...]	[...]

PAYMENT AND DELIVERY TERMS

Total product cost excluding shipping: 

Shipping Cost:
Total product price including shipping and all taxes: 

Delivery Address:
Delivery Person: 
The total product price stated above is collected from the Buyer by NMS Giyim ve Mağazacılık Ticaret A.Ş. The invoice will be issued on behalf of the Buyer following the approval of this Agreement electronically and the processing of such approval by NMS and will be sent by e-mail to the e-mail address in the invoice information.

• 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 the person / organization at the address indicated by the Buyer within the period specified in the preliminary information form depending on the distance of the Buyer's settlement for each product, provided that it does not exceed the legal 30 (thirty) day period.

• For the avoidance of 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 paid in full and in full with the Buyer's preferred payment method. If for any reason the product price is not paid, paid incompletely or the payment is canceled in the bank records, the Seller will be deemed to be released from the obligation to deliver the product.

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

• GENERAL PROVISIONS

• The Buyer accepts, declares and undertakes that he/she has read and informed all the information on the Website regarding the basic qualities of the product subject to the Contract, the sales price and payment method and delivery, that he / she has given the necessary approval electronically, that he / she is aware that he / she is under the obligation to pay by confirming the order on the site, that he / she has purchased the product / service electronically, that the sales price will be collected from the credit card / debit card whose information he / she has entered for the payment transaction.
• The Buyer accepts, declares and undertakes that it will confirm this Agreement electronically for the delivery of the product subject to the Contract, and that the Seller's obligation to deliver the product subject to the contract will end if the price of the product subject to the Contract is not paid for any reason and / or canceled in the records of the bank, financial institution. 
• By confirming this Agreement electronically, the Buyer confirms that he/she has obtained the address, basic features of the goods or services ordered, 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.
• In the event that 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 credit card of the Buyer by unauthorized persons in a way that is not caused by the fault of the Buyer after the delivery of the goods or services, the Buyer is obliged to return the goods or services to the Seller within 3 (three) days, provided that they have been delivered to him. In this case, delivery expenses belong to the Buyer.
• If the goods or services subject to the contract will be delivered to a person other than the Buyer, the Seller cannot be held responsible for the failure of the person to be delivered to accept the delivery.
• If the Buyer is not present at the address where the order is requested to be delivered, the order will definitely not be left to another address. In this case, the Buyer must accept the legal obligations arising from the fact that he/she has placed an order at an address where he/she is not present.
• 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 for the refusal of the person/organization to accept the delivery.  
• For the delivery of the product subject to the Agreement, this Agreement must be confirmed electronically and the price of the order subject to the Agreement must be paid. If for any reason the product price is not paid or canceled in the bank records, the Seller is deemed to be released from the obligation to deliver the product under this Agreement.
• The Seller shall be liable for any loss or damage incurred until the delivery of the goods to the Buyer or a third party to be designated by the Buyer other than the carrier. In the event that the Buyer requests the goods to be sent by a carrier other than the carrier determined by the Seller, the Seller is not responsible for any loss or damage that may occur from 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 must not receive the defective and damaged product, which can be detected by ordinary inspection, from the Seller's authorized person or the cargo company. If the Buyer neglects to inspect the goods and receives the goods, he/she is deemed to have accepted that the product is intact and undamaged.
• NMS accepts, declares and undertakes that if it cannot deliver the goods / services subject to the Contract within the period due to the Force Majeure conditions specified in Article 12 of this Agreement, it will notify the Buyer. The Buyer also has the right to request from NMS to cancel the order, to replace the publication subject to the contract with its precedent, if any, and/or to postpone the delivery period until the elimination of the preventive situation.
• The Seller shall be responsible for the delivery of the goods or services stipulated in the Contract to the Buyer, in strict compliance with applicable consumer protection legislation. The goods or services must be delivered in an intact and complete condition, conforming to the specifications outlined in the order, and accompanied by any relevant warranty documents and user manuals, if applicable.
• 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 justifiable reason and that it informs the Buyer and obtains its express consent.

• BUYER'S RIGHT OF WITHDRAWAL 

• Without prejudice to the other provisions set forth in the Agreement, the terms and conditions set forth under this article shall only be valid if the Buyer is a consumer within the scope of the relevant legislation. In accordance with the Law No. 6502 on Consumer Protection and the relevant provisions of the Regulation on Distance Contracts;

The Consumer Buyer has the right to withdraw from the contract without any justification and penal clause within 14 (fourteen) days from the day the contract is established in contracts for the performance of services; in distance contracts for the sale of goods, from the date of receipt of the goods. It is sufficient that the notification of the exercise of the right of withdrawal is directed to the Seller in writing within this period. The contact information of the Seller where the withdrawal notification can be made is as follows:

Open Address: Maltepe Mahallesi, Eski Çırpıcı Yolu Sokak, No:8/33, 34025 Zeytinburnu Istanbul / Turkey 

E-posta: [email protected]

The consumer Buyer will be informed after the notification regarding the use 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 the right of withdrawal, refund to the consumer Buyer all payments made by the consumer Buyer to the Seller for the relevant goods or services, including the costs of delivery of the goods to the consumer Buyer, if any, in accordance with the payment instrument used when purchasing and in one lump sum, without any cost or obligation to the consumer.

• In the event that the Consumer Buyer exercises the right of withdrawal, the return of the product shall be handled by the cargo companies, MNG Kargo and HEPSIJET, with which the Seller has an agreement. If the right of withdrawal is exercised, the Consumer Buyer shall not be liable for any return shipping costs, provided the goods are returned using the designated cargo companies specified herein. Should the Consumer Buyer choose to return the goods using a different cargo company not contracted by the Seller, the Seller shall not be responsible for the return shipping costs nor for any damage to the goods during the return shipment. In cases where the contracted cargo company does not have a branch in the Consumer Buyer's location, the Seller is obligated to arrange for the return of the goods without imposing any additional costs on the Consumer Buyer.

• The Consumer Buyer must send the goods back to the Seller within 10 (ten) days from the date of the notification that the Buyer has exercised the right of withdrawal. Together with the goods subject to return, the invoice, box, packaging, standard accessories, if any, and other products gifted due to the purchase of the goods in question must be returned to the Seller complete and undamaged. The Consumer Buyer must use the goods in accordance with the functioning, technical specifications and instructions for use within the withdrawal period, otherwise it is responsible for any changes and deterioration in the goods.

• Since the return of order amounts paid through bank accounts or credit cards and their reflection in the accounts of the consumer Buyer are 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 bank to reflect the amount returned to the consumer Buyer's bank account or credit card to the consumer Buyer's account or credit card.

• SITUATIONS WHERE THE RIGHT OF WITHDRAWAL CANNOT BE EXERCISED

Pursuant to Article 15 of the Distance Selling Regulation, the contracts that the consumer Buyer cannot use the right of withdrawal are as follows:

     • Contracts for goods or services whose prices fluctuate with fluctuations in financial markets and are not under the control of the seller or provider.

     • Contracts for goods tailored to the consumer's wishes or personal needs.

     • Contracts for the delivery of perishable or expired goods.

    ç) Contracts for the delivery of goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; contracts for the delivery of goods whose return is not suitable in terms of health and hygiene.

     • Contracts for goods that are mixed with other products after delivery and cannot be separated due to their nature.

     • Contracts for books, digital content and computer consumables provided in material media if the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods.

     • Contracts for the delivery of periodicals such as newspapers and magazines, other than those provided under a subscription agreement.

     • Contracts for accommodation, transportation of goods, car rental, provision of food and beverages, and leisure time for entertainment or recreation, which must be concluded on a specific date or period.

    ğ) Contracts for services performed instantly in electronic media or contracts for intangible goods delivered instantly to the consumer.

    h) Contracts for services whose performance is started with the consent of the consumer before the expiration of the right of withdrawal period.

Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation and the complaint and objection procedure for Buyers who have the title of consumer within the scope of the Distance Contracts Regulation:

Any complaints and objections arising from this Agreement may be filed with the Consumer Problems Arbitration Committee or the Consumer Court in the place where the Buyer's residence is located or where the consumer transaction is made, according to the monetary limits determined by the Ministry of Commerce in December each year.

• DEFAULT AND LEGAL CONSEQUENCES

The Buyer accepts, declares and undertakes that in the event of default in the transactions made with the credit card, the cardholder bank will pay interest within the framework of the credit card agreement with the bank and will be liable to the bank. In this case, the relevant bank may apply for legal remedies; may demand the costs and attorney's fees from the Buyer and in any case, if the Buyer defaults due to the Buyer's debt or due to its own fault or negligence, it accepts, declares and undertakes that it will pay all kinds of damages and losses incurred by the Seller due to the delayed performance of the debt.

• INTELLECTUAL PROPERTY 

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

• All intellectual-industrial rights and property rights, except those belonging to other third parties according to the Seller's agreement; all intellectual-industrial rights and property rights belong to the Seller regarding all kinds of information and content on the Website and their arrangement, revision and partial / complete use. 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 not to use the product purchased under this Agreement 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 all kinds of compensation and other claims arising from such unauthorized use against all claims and demands that may be asserted against the Seller by third parties or competent authorities.

• PROTECTION OF PERSONAL DATA 

• Within the scope of the Law No. 6698 on the Protection of Personal Data, the name, surname, e-mail address, telephone number, T.C. ID number, credit card information, order information belonging to the Buyer, which can be defined as personal data; to receive orders, to provide products and services, to improve services, to solve systematic problems, to perform payment transactions, to update the information of the Buyer and to manage and maintain memberships. Identity number, credit card information, order information; It can be recorded, stored, used, updated, shared and otherwise processed by NMS in order to receive orders, to provide products and services, to improve services, to solve systemic problems, to perform payment transactions, to update the information belonging to the Buyer and to manage and maintain memberships and to perform the distance sales contract and other contracts established between the Buyer and NMS. The Buyer has been informed about the processing of personal data in this context by this Agreement and the policy on the processing and storage of personal data on www.babyfee.co and the user clarification text.

• The necessary measures for the security of the information and transactions entered into www.babyfee.co by the Buyer have been taken by NMS in its own system infrastructure to the extent of its current technical facilities according to the nature of the information and transaction. However, since the said information is entered from the devices belonging to the Buyer, it is the responsibility of the Buyer to take the necessary measures, including those related to viruses and similar harmful applications, in order to protect them and to prevent them from being accessed by unrelated persons.

•  The Buyer may request the data processing to be stopped at any time by contacting through the communication channels specified on the Website. According to the explicit notification of the Buyer in this regard, personal data processing is stopped within the legal maximum period; In addition, if he wishes, his information, except for those that are legally required and/or possible, is deleted from the data recording system or anonymized in such a way that his identity cannot be determined. If the Buyer wishes, he/she can always apply to the Seller and get information from on issues such as the transactions related to the processing of his/her personal data, the persons to whom it is transferred, correction in case of incomplete or incorrect, notification of the corrected information to the relevant third parties, deletion or destruction of the data, objection to the emergence of a result against him/her by analyzing it with automated systems, compensation in case of damage due to unlawful processing of data. Such applications will be examined and the Buyer will be returned to the Buyer within the legal period within the periods stipulated in the legislation.

• FORCE MAJEURE

• Situations that are not existing or unforeseeable at the date of approval of the Agreement, that are beyond the control of the Parties, that make it impossible for one or both of the parties to fulfill their obligations and responsibilities under the Agreement partially or completely or to fulfill them on time, natural disasters, war, terrorism, insurrection, changing legislative provisions, seizure or strike, lockout, significant failure in production and communication facilities, etc. will be considered Force Majeure under this Agreement. The party in the event of Force Majeure shall notify the other party immediately and in writing. During the continuation of Force Majeure, no liability shall arise due to the failure of the Parties to fulfill their obligations.

•  If the Force Majeure continues for 15 (fifteen) days, each Party has the right to terminate the Agreement unilaterally. At this point, the Parties will not be able to make any request from each other.

• PRIVACY

The Parties are obliged to keep each other's confidential information that they have learned for the performance of the services specified in this Agreement or to benefit from these services, both during the term of the Agreement and after the end of the Agreement for the period specified in the relevant legislation, not to disclose it to third parties except for legal obligations, to take the necessary measures in this regard and not to use it for any purpose other than the purpose of this Agreement.

• NOTIFICATIONS AND EVIDENCE AGREEMENT 

The Buyer accepts and undertakes that NMS records will constitute binding, conclusive and exclusive evidence in the resolution of any dispute that may arise from this Agreement and/or its implementation and that this article is an evidential contract within the meaning of Article 193 of the Code of Civil Procedure No. 6100

• RESOLUTION OF DISPUTES

The parties acknowledge, declare and undertake that the Consumer Arbitration Committees in the place of residence of the Buyer and NMS within the specified monetary limits announced by the Ministry of Commerce in accordance with paragraph 1 of Article 68 of the Law in disputes arising from the implementation and interpretation of the Agreement, and the Consumer Courts will be authorized in cases where there is a dispute in excess of these limits.

• EFFECTIVENESS

This Agreement, consisting of 16 (sixteen) articles, was approved and executed electronically by the Buyer on the date of approval of the payment made by the Buyer for the order placed on www.babyfee.co and entered into force on the same date

SELLER	BUYER
NMS Giyim ve Mağazacılık Ticaret A.Ş