ARTICLE – 1 PARTIES

This User Agreement (“Agreement”) has been concluded electronically between all persons (“Members”) who use Darinda products/services on the darinda.com website (“Website”) owned by DARİNDA TURKEY ÇORAP SAN. TİC. A.Ş. (“DARİNDA TURKEY ÇORAP SAN. TİC. A.Ş.” or “Company”) located at Etiler Mahallesi Dilhayat Sokak No:24 Beşiktaş/İstanbul. The Company and the Member will hereinafter be referred to as the “Parties”.

ARTICLE – 2 SUBJECT OF THE AGREEMENT

The subject of this Agreement is to determine the terms of use and usage of the products that the Member will purchase and the service that he/she will benefit from accordingly through the Website owned by the Company.

ARTICLE – 3 ESTABLISHMENT OF THE CONTRACT

THE MEMBER ACCEPT THAT HE HAS READ, UNDERSTOOD THE CONTRACT, AND IS AWARE OF HIS RIGHTS AND LIABILITIES.

THE PARTIES ACCEPT THAT THERE IS NO DISPARITY BETWEEN THE ACTIONS AGREED WITHIN THE CONTRACT AND THAT THE RECIPROCAL ACTIONS ARE SUITABLE FOR THE NATURE OF THE JOB AND THAT THEY DO NOT HAVE ANY INEXPERIENCE WITH REGARDS TO THE TRANSACTIONS WITHIN THE SUBJECT OF THE CONTRACT.

MEMBER AGREES THAT HE HAS FULLY CONSIDERED THAT THE TRANSACTIONS CONTAINED WITHIN THE SCOPE OF THE AGREEMENT ARE IN HIS OWN INTEREST AND THAT HE WILL COMPLY WITH ALL THE CONDITIONS WITH HIS OWN FREE WILL, WITHOUT ANY DIFFICULTY OR DIFFICULTY, CONSIDERINGLY, WILLINGLY AND KNOWINGLY.

THE PARTIES AGREE THAT THE PROVISIONS OF THE AGREEMENT DO NOT HAVE A CHARACTERISTIC THAT CAN BE CONSIDERED UNFAIR CONDITIONS AND THAT THERE IS NO INJUSTICE IN TERMS OF THE BALANCE OF INTERESTS.

THE PROVISIONS OF THIS AGREEMENT DO NOT INCLUDE ANY UNFAIR TERMS IN ACCORDANCE WITH THE PROVISIONS OF THE REGULATION ON UNFAIR TERMS IN CONSUMER CONTRACTS. THE PROVISIONS DO NOT CONSTITUTE A CONTRARY TO THE RULE OF HONESTY AND GOOD FAITH AND HAVE BEEN PREPARED IN ACCORDANCE WITH THE LEGISLATION ON PROTECTION OF THE CONSUMER. THE PROVISIONS OF THIS AGREEMENT HAVE BEEN PREPARED TAKING INTO ACCOUNT THE PROVISIONS OF THE TURKISH CODE OF OBLIGATIONS. THE BINDING AND CONTENT AUDITING SET FORTH IN ARTICLE 21 OF THE TURKISH CODE OF OBLIGATIONS HAS BEEN CARRIED OUT BY THE MEMBER. NONE OF THE PROVISIONS OF THIS AGREEMENT SHALL BE FOREIGN (CONFUSING CONDITIONS) TO THE NATURE OF THIS AGREEMENT AND THE SPECIFICATIONS OF THE WORK. THE PROVISIONS OF THIS AGREEMENT ARE WRITTEN IN A CLEAR AND UNDERSTANDABLE WAY AND DO NOT EXPRESS MULTIPLE MEANINGS.

ARTICLE – 4 MEMBERSHIP

Membership is gained by completing the membership procedures on the Website (and by signing this Agreement).

The Member declares that he/she is at least 18 (eighteen) years old (or older) in order to gain membership, open an account or use the services in any way within the scope of Article 4.1 and that he/she understands and accepts these conditions. The Member must be at least 13 (thirteen) years old and have the ability to distinguish, and if the Member is under 18 (eighteen) years old, he/she must use the Website only with the company of a parent or legal representative, and in this context, the Member declares that his/her parent or legal representative has reviewed and accepted this Agreement. No one under the age of 13 (thirteen) may use the services in any way.

Members are obliged to provide the Company with accurate, true and up-to-date information regarding membership transactions. The scope of this information is determined by the Company and may be changed and expanded if necessary. This shared information may be changed and updated by the Member at any time. The Member must provide the necessary information for his/her membership to continue and update his/her information in case of any change.

The Company may share the Member's information with the relevant official authorities in order to fulfill the requirements of the regulatory or executive procedures or judicial decisions of the official authorities and limited to the request. If there is no confidentiality decision of the relevant official authority, the Member will be informed of the said transaction.

The Company may perform evaluations and statistical studies by anonymizing the introductory and/or personal information provided by the Members, and may announce these in a general manner on the Website.

If the Members use a nickname (nick name) within the scope of becoming a member of the Website, the nickname in question cannot be contrary to the current legislation and morality; it cannot contain insults, swearing, swearing, derogatory words, or words that harm personal rights.

Members may unsubscribe at any time. In this case, the Member shall notify the Company of his/her wish to unsubscribe via the Website and ensure that the necessary procedures are carried out to delete the membership. When these procedures are completed, the unsubscribe transaction is carried out. Unsubscribe shall not have any effect on the rights and obligations arising from the Agreement until the date of unsubscribe and the provisions that must remain in force due to their nature even if the Agreement is terminated (compensation due to non-compliance, final provisions, etc.).

ARTICLE – 5 USE OF THE SERVICE BY THE MEMBER AND SERVICE FEE

The Member visits the relevant section of the Website, fills in the necessary sections for registration and becomes a party to this Agreement, and then accepts the terms of this Agreement.

can start benefiting from products and services. Products and services offered by the Company can only be used by the Member for lawful purposes.

Membership to the Website is free of charge.

The Company may create promotional codes or campaigns regarding its own products and related services at its own discretion. The Company will inform the Members about the promotional codes or campaigns in question if the Member has chosen to be informed in this context. The Member accepts and declares that he/she will not engage in any transaction and/or action that may exploit the service offered by the Company through a promotion or campaign, and that he/she has obtained the consent of his/her parent or legal representative in any case within the scope of participation in the relevant promotion/campaign if he/she is between the ages of 13-18 and has the power of discernment. Promotion codes or campaigns must be used in accordance with their purpose and law, must not be transferred to anyone else unless approved in writing by the Company, and must only be used on condition that the conditions stipulated for the promotion or campaign are complied with. Promotions or campaigns may be canceled by the Company at any time without any reason. The Member has no right to make any claim against the Company regarding the canceled promotion or campaign. At the same time, the Member always has the opportunity to refuse receiving commercial electronic messages provided during the stage of obtaining his/her consent for sending commercial electronic messages. He/she can always refuse receiving commercial electronic messages regarding promotions/campaigns.

ARTICLE – 6 RIGHTS AND LIABILITIES OF THE PARTIES

The Member declares and undertakes that the personal and other information he/she provided while becoming a member of the Website is true and that he/she will immediately compensate the Company for all damages that may be incurred due to the inaccuracy of this information and/or due to the fact that the Member has not updated it despite changes in the Member information.

The Member has the exclusive right to use the password he/she received as part of his/her membership for the use of the Website. The Member cannot give this password to any third party. All legal and criminal liability regarding the use of the password and the system access tools (username, etc.) used to benefit from the Website belongs to the Member.

The Member cannot transfer his/her membership to another person.

The Member accepts, declares and undertakes to comply with all legal regulations and not to violate the provisions in question while using the Website. Otherwise, all legal and criminal liability that may arise will be completely and exclusively the Member.

The Member may not use the Website in any way that disrupts public order, is against general morality, disturbs and harasses others, for an illegal purpose, or infringes on the ideas and copyrights of others. In addition, the Member may not engage in activities and transactions that prevent or complicate others' use of the services (spam, virus, trojan horse, etc.), nor may the Member engage in activities that threaten the security of the Website or software or prevent it from working.

The Company will not be held responsible for the unauthorized seizure of Member information and data and damages that may occur to Member information and data despite taking the necessary information security measures.

The ideas and thoughts declared, written, images shared, messages, comments and expressions used by the Members on the Website are exclusively the personal ideas and comments of the Members and only the Member is responsible for the consequences of these ideas and comments depending on the situation. These opinions, images, comments, messages and thoughts have no relation or connection with the Company. The Company has no responsibility for the damages that third parties or institutions may suffer due to the ideas and opinions expressed by the Member or the messages, comments or images shared by the Member or the damages that the Member may suffer due to the ideas and opinions expressed by third parties or institutions or the images, comments or messages shared.

The Company is not responsible for any direct or indirect damages that may be incurred due to the use of the Website by the Member.

The Website may provide links to other websites or applications that are not under the control of the Company, not established, operated or organized by the Company, and may contain references to these sites or applications. The Company is not responsible for the content of these other applications or websites or other links and/or references they contain or the products/services offered by them. These links do not constitute any representation or commitment regarding the purpose of supporting the owner of the linked website or the person operating the website in question or any information, expression or visual in its content. Similarly, the advertisements, promotions or banners on the Website or provided with a link through the Website do not constitute any commitment.

The Company is not responsible for the products, services and other content it provides.

The Member cannot transfer the user profile created by him/her to a third party or allow a third party to use it. Members cannot transfer their rights and obligations arising from this Agreement without the Company's approval. The Company may transfer its rights and obligations arising from the Agreement to third parties.

In the event that the Member violates the provisions of this Agreement, the criminal and legal liability arising from the violations shall belong to the Member personally. The Member shall hold the Company harmless from all damages, lawsuits, demands and claims that may arise due to the violations. In addition; the Company reserves the right to demand compensation from the Member due to such violations.

The Company always has the right to unilaterally suspend or terminate the Member's membership and delete all information, data, documents and files belonging to the Member without assuming any liability and without being obliged to pay compensation.

The copyright and/or all kinds of intellectual property rights related to the general appearance, design and software of the Website, the text and visual content within the Website, and all other content, brands, logos, know-how and other elements belong to the Company or are used by the Company under license. These cannot be used, acquired, modified, copied or reproduced by the Member in any way without the written permission of the Company. The use and accessibility of the Website or its content by the Member within the conditions to be provided by the Company does not grant the Member any intellectual and industrial property rights and/or any right ownership or disposition authority. The Company may disclose the Member's personal information to third parties (a) in cases where it is required to be disclosed pursuant to the applicable laws or regulations or a court decision or administrative order and/or (b) in case of the Member's consent and/or (c) in accordance with the Cookie and Privacy Policy and Disclosure Text accessible through the Website and/or (d) in accordance with the situations separately regulated in this Agreement. The Company may examine the Member's confidential information or records in order to access the information and documents requested for the investigation.

Measures have been taken within the available means to ensure that the Website is free of viruses and similar software. In addition, in order to ensure ultimate security, the Member must provide its own virus protection system and provide the necessary protection. In this context, by becoming a member of the Website, the Member is deemed to have accepted that he/she is responsible for all errors that may occur in his/her own software and operating systems (including, but not limited to, spam, viruses, trojans) and their direct or indirect consequences.

The Member agrees not to access or use the software and data of other Website users without permission.

The Company reserves the right to change the content, design and software of the products it offers, related services and the Website at any time, to change, suspend or terminate any service provided to Members and to delete user information and data registered on the Website at any time.

The Company may update, change or repeal the terms of this Agreement at any time without any prior notice and/or warning in any form or manner. Each provision that is updated, changed or repealed shall be effective for the Member on the date of publication.

The Member is responsible for providing the network access required to benefit from the Website. The Member is aware that mobile network data may be used and messaging rates and fees may apply if the Member accesses the Website from a device with wireless internet access. It is the Member's responsibility to provide updates with the appropriate software and devices required to benefit from the Website and to keep the Website up to date. The Company does not guarantee or undertake in any way that the Website will work with a specific device or software or that the functions contained in the materials will be uninterrupted or error-free. The Member accepts that the Website may be subject to malfunctions and delays depending on internet use. The Company assumes no responsibility for the problems that the Member may experience due to interruptions in access to the Website due to technical problems.

The irresponsibility records written for the Company within the scope of this Agreement are also applicable to the Company employees and partners.

Without the prior approval of the Company, the Member is prohibited from providing a link to another website, the content of a website or any data on the network in any transaction made through the Website.

In the use of the Website, all credit card transactions and approvals are carried out online between the relevant banks and similar card institutions, independently of the Website (Credit card(Information such as password, etc. cannot be seen or recorded by Darinda). Information entered on the Website for membership, product/service purchase and information update purposes, as well as sensitive confidential information belonging to credit cards and bank cards cannot be viewed by other internet users.

The Member declares and accepts that he/she has read and is informed about the basic features of the Service sold on the Application, the sales or rental price including all taxes, the preliminary information regarding the payment method and delivery, and that he/she has given the necessary confirmation regarding these matters in the electronic environment.

The ideas and thoughts declared and written by the Members on the Website, the images, messages, comments shared and the expressions used are exclusively the Members' own personal ideas and comments, and the Member is solely responsible for the results of these ideas and comments, depending on the situation. These opinions, images, comments, messages and thoughts have no relation or connection with the Company. Darinda has no responsibility for any damages that third parties or institutions may suffer due to the ideas and opinions expressed by the Member or the messages, comments or images shared, or for any damages that the Member may suffer due to the ideas and opinions expressed by third parties or institutions or the images, comments or messages shared.

The criminal and legal liability of all kinds of transactions and actions carried out by persons who have obtained other people's information through legal or illegal means in order to benefit from the services of the Website belongs to the real or legal persons who do this. Darinda has no criminal and legal liability for Persons, Members or other users due to those who perform such transactions. Members do not have the right and authority to cancel, give up or transfer their ticket to another 3rd party or Member for any reason after purchasing a ticket through the website. For this reason, Darinda has no obligation or commitment to refund or make any other event replacement to Members or 3rd Parties, and therefore the Company will not have any material or moral responsibility to 3rd Parties or Members.

ARTICLE – 7 TERMINATION OF THE AGREEMENT

Without prejudice to the termination possibilities in this Agreement, the Member and the Company may terminate this Agreement at any time. This Agreement shall remain in force until the Member cancels his/her membership or until Darinda cancels his/her membership.

The Member's termination shall be made by following the termination procedures on the Website. Termination shall not have any effect on the rights and obligations arising from the Agreement until the termination date and the provisions that should remain in force due to their nature even if the Agreement is terminated (compensation due to non-compliance, final provisions, etc.).

ARTICLE – 8 FINAL PROVISIONS

8.1 Applicable Law: This Agreement is subject to the laws of the Republic of Turkey and shall be interpreted accordingly.

8.2 Competent Court: Istanbul Çağlayan Courts and Istanbul Çağlayan Enforcement Offices shall have jurisdiction to resolve all disputes arising from or in connection with this Agreement.

8.3 Integrity of the Agreement and its Annexes: The annexes of the Agreement shall constitute an integral part of this Agreement and cannot be interpreted separately from each other.

8.4 Exclusive Evidence: The Parties agree that in disputes that may arise within the framework of this Agreement, the documents and electronic records belonging to the Company shall be exclusive evidence in terms of the dispute in question.

8.5 Company Contact Information: The Company’s contact information is as follows:

Title: DARİNDA TURKEY ÇORAP SAN. TİC. A.Ş..

Address: Yakuplu Mahallesi, Beysan Sanayi Sitesi, Dereboyu Caddesi, Sena İş Hanı, No;49, 34524 Beylikdüzü/İstanbul

Phone:

Fax: 0212 422 10 10

E-mail: [email protected]

The e-mail address provided by the Member to LesBenjamins shall be deemed as the legal and valid notification address for all notifications to be made regarding this Agreement.

8.6 Transactions Made Through the Website: Transactions made through the Website that constitute a declaration of intent shall be considered as declarations of intent binding on the Parties in accordance with the Turkish Code of Obligations, consumer legislation and other legislation in force.