Distance Sales Contract

DISTANCE SALES CONTRACT

This Distance Selling Agreement (hereinafter the “Agreement”) has been established electronically between the “BUYER”, whose name/title, address and contact information are stated in Article 3, and Artperest (“SELLER”) within the framework of the terms and conditions set forth below.

1. SUBJECT OF THE CONTRACT

The subject of this Agreement is the determination of the rights and obligations of the parties in accordance with the provisions of the Law No. 6502 on the Protection of Consumers and the Distance Contracts Regulation regarding the sale and delivery of the product, the characteristics and sales price of which are specified below, which the BUYER ordered electronically through the SELLER's website.

2. MATTERS OF WHICH THE BUYER WAS INFORMED IN ADVANCE

The BUYER accepts and declares that he/she is informed about the basic characteristics of the goods or services subject to sale, the sales price, payment method, delivery conditions and all preliminary information and the right of "withdrawal" regarding the goods or services subject to sale, that he/she has confirmed this preliminary information electronically and then ordered the goods or services in accordance with the provisions of this contract. The preliminary information and invoice on the payment page of the SELLER's website are integral parts of this contract.

3. PARTIES

3.1. SELLER Information: ARTPEREST
Title :
Address :
Telephone :
E-Mail Address: info@artperest.com

3.2. BUYER Information:
Name Surname / Title: [cargo-username] [cargo-company-name]
Delivery Address: [shipping-address]
Phone : [phone-no]
Email / Username : [email-address]

3.3. Invoice Information:
Name / Surname / Title: [invoice-username] [invoice-company-name]
Address: [invoice-address]
Phone : [phone-no]
Email / Username : [email-address]
(Invoice Delivery: The invoice will be delivered together with the order to the delivery address during order delivery.)
4. SUBJECT OF THE CONTRACT

4.1. Details of the products ordered by the BUYER, advance sales amounts including taxes and quantity information are given below. All products specified in the table below are hereinafter referred to as PRODUCTS.
[basket-amount]

Delivery Address: [shipping-address]
Person to be Delivered: [cargo-username] [cargo-company-name]
Order Date : [date]

4.2. The basic features of the product (type, quantity, brand/model, color, number) are available on the SELLER's website.

4.3. The prices listed and announced on the site are the sales prices. The announced prices are valid until updated and changed. The prices announced for a limited period are valid until the end of the specified period.

5. DELIVERY OF PRODUCTS

5.1. The PRODUCT shall be delivered to the delivery address specified by the BUYER on the WEBSITE or to the person/organization at the address specified by the BUYER, packaged and intact, together with its invoice, within 30 days at the latest. In cases of necessity, this period may be extended.

5.2. If the PRODUCT 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.

5.3. The BUYER is responsible for checking the PRODUCT upon receipt and will not accept products that are damaged or defective, such as crushed, broken, torn packaging, etc. If the BUYER sees a problem caused by the cargo, he is responsible for not accepting the PRODUCT and having a report drawn up by the CARGO company officer. Otherwise, the SELLER will not accept any responsibility.

6. STATE OF DEFAULT

The BUYER accepts, declares and undertakes that in the event of default in the transactions made with the credit card, the BUYER will pay interest to the cardholder bank within the framework of the credit card agreement made with the BUYER and will be liable to the bank.

7. GENERAL PROVISIONS

7.1. The BUYER accepts that he/she has read and is informed about the basic characteristics, sales price, payment method and preliminary information regarding delivery of the products shown on the website and has given the necessary confirmation for the sale in electronic environment.

7.2. By confirming this contract electronically, the BUYER confirms that he/she has obtained the address that should be given to the BUYER by the SELLER before the conclusion of distance contracts, the basic features of the ordered products, the price of the products including taxes, payment and delivery information correctly and completely.

7.3. SELLER is responsible for the delivery of the contractual product in a sound, complete manner, in accordance with the specifications specified in the order and with warranty documents and user manuals, if any.

7.4. The SELLER may supply a different product of equal quality and price by informing the BUYER and obtaining his approval before the expiration of the performance obligation arising from the contract.

7.5. If the SELLER cannot fulfill its obligations under the Contract due to the impossibility of delivering the ordered product, it shall notify the BUYER of this situation before the expiration of the performance obligation arising from the Contract and may supply the BUYER with a different product of equal quality and price.

7.6. For the delivery of the contractual product, it is required that the signed copy of this Agreement be delivered to the SELLER and the price be paid using the payment method preferred by the BUYER. If the product price is not paid or is cancelled in the bank records for any reason, the SELLER is deemed to be relieved of its obligation to deliver the product.

7.7. If, for any reason after the delivery of the PRODUCT, the bank/financial institution to which the credit card used for the transaction belongs does not pay the PRODUCT price to the SELLER, the PRODUCT shall be returned to the SELLER by the BUYER within 3 days at the latest, with all expenses being borne by the BUYER. All other contractual-legal rights of the SELLER, including the right to pursue the PRODUCT price receivable, are reserved separately and in any case.
7.8. If the PRODUCT cannot be delivered within 30 days due to extraordinary circumstances (such as adverse weather conditions, earthquake, flood, fire) outside of normal sales conditions and the delay exceeds 10 days, the SELLER will inform the BUYER about the delivery. In this case, the BUYER may cancel the order, order a similar product or wait until the end of the extraordinary situation. In case of order cancellations, if the PRODUCT price has been collected, it will be returned to the BUYER within 14 days from the cancellation. In credit card payments, the refund will be made by returning it to the BUYER's credit card.

7.9. The BUYER declares and undertakes that the personal and other information provided while becoming a member of the SELLER's website is true and correct, and that he/she will compensate the SELLER for all damages that may be incurred due to the untruthfulness of this information, immediately, in cash and in one go, upon the first notification of the SELLER.

8. RIGHT OF WITHDRAWAL

8.1. SELLER undertakes that BUYER has the right to withdraw from the contract by rejecting the goods or services within 14 (fourteen) days from the date of receipt of the goods or signing of the contract, without assuming any legal or criminal liability and without giving any justification, and to take back the goods as of the date the notice of withdrawal reaches SELLER or product provider.

8.2. In order to exercise the right of withdrawal, written notice must be given to the SELLER within this period. In case of exercise of this right;

1. a) Original invoice of the PRODUCT delivered to the 3rd party or the BUYER (if the invoice of the product to be returned is corporate, 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 will not be completed unless a RETURN INVOICE is issued.
2. b) Return form,
3. c) The products to be returned must be delivered complete and undamaged, together with the box packaging and standard accessories, if any.

8.3. The SELLER will refund the PRODUCT price to the BUYER within 14 days at the latest from the date of receipt of the notice of withdrawal. In credit card payments, the refund will be made by returning the payment to the BUYER's credit card.

The procedure for refunding credit cards is stated below.

The Bank makes the refund to the BUYER in installments, regardless of the number of installments in which the BUYER purchased the product. After the SELLER pays the bank the entire product price in one go, in the event that the installment expenses made from the Bank POS are refunded to the BUYER's credit card; provided that the parties involved in the matter are not victimized, the requested refund amounts are transferred to the holder accounts by the Bank in installments. The installment amounts paid by the BUYER until the cancellation of the sale, if the refund date does not coincide with the card's statement closing dates, will be reflected on the card as 1 (one) refund each month and after the BUYER's installments paid before the refund are finished, the BUYER will receive an additional month as the number of installments paid before the refund and will be deducted from their current debts.

8.4. As long as the BUYER sends the Goods to be returned to the SELLER with the SELLER's contracted cargo company specified in the preliminary information form, the return cargo fee belongs to the SELLER. If the BUYER sends the Goods to be returned with a cargo company other than the SELLER's contracted cargo company specified in the preliminary information form, the SELLER is not responsible for the return cargo fee and any damage to the Goods during the cargo process.

9. RULES ON PROTECTION OF PERSONAL DATA, COMMERCIAL ELECTRONIC MESSAGES AND INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

9.1. Information such as name, surname, e-mail address, Turkish ID number, demographic data, financial data etc. of the BUYER, which may be defined as personal data within the scope of the Law on the Protection of Personal Data No. 6698; * may be recorded indefinitely/temporarily, stored in written/magnetic archives, used, updated, shared, transferred and processed in other ways by the SELLER, SELLER affiliates and third parties and/or organizations for the purpose of taking orders, providing products and services, developing products and services, solving system problems, carrying out payment transactions, -in case of prior approval- being used in marketing activities regarding orders, products and services, updating the information of the BUYER and managing and maintaining memberships, executing distance sales contracts and other contracts established between the BUYER and the SELLER, and ensuring that technical, logistical and other similar functions of third parties are performed on behalf of the SELLER.

9.2. In accordance with the current legislation, SELLER may send commercial electronic communications to BUYERS for the purposes of promotion, advertisement, communication, promotion, sales and marketing of all kinds of products and services, credit card and membership information, transactions and applications, via SMS/short message, instant notification, automatic call, computer, telephone, e-mail/mail, fax, and other electronic communication tools. BUYER has accepted to receive commercial electronic messages.

9.3. Necessary measures for the security of the information and transactions entered by the BUYER on the Website have been taken in the SELLER's own system infrastructure, in accordance with the nature of the information and transactions, to the extent of today's technical possibilities. However, since the information in question is entered from the BUYER's devices, the BUYER is responsible for taking the necessary measures, including those against viruses and similar harmful applications, to protect it and prevent it from being accessed by unrelated persons.

9.4. BUYER may contact SELLER through the specified communication channels and request that data usage-processing and/or communications be stopped at any time. According to BUYER’s clear notification on this matter, personal data transactions and/or communications to the party shall be stopped within the legal maximum period; in addition, if BUYER wishes, information other than those legally required to be preserved and/or possible shall be deleted from the data recording system or anonymized in a way that prevents identification. BUYER may, if BUYER wishes, always apply to SELLER and receive information on matters such as transactions regarding the processing of personal data, persons to whom it is transferred, correction in case of incompleteness or inaccuracy, notification of corrected information to relevant third parties, deletion or destruction of data, objection to the emergence of a result against him/her by means of analysis with automatic systems, and compensation in case of damages due to unlawful processing of data. The said applications shall be examined and BUYER shall be contacted within the legal period and within the periods stipulated in the legislation.

9.5. Regarding all information and content of the Website and their arrangement, revision and partial/full use; all intellectual-industrial rights and property rights belong to the SELLER, except those belonging to other third parties according to the agreement of the SELLER.

9.6. Other sites accessed from the Web Site have their own privacy-security policies and terms of use, and the SELLER is not responsible for any disputes or negative consequences that may arise.

10. EVIDENCE AGREEMENT AND AUTHORIZED COURT

In resolving any dispute that may arise from this Agreement and/or its implementation, SELLER records (including records in magnetic media such as computer-voice recordings) constitute definitive evidence; Consumer Arbitration Committees are authorized up to the value declared by the Ministry, and in cases exceeding this, Consumer Courts and Enforcement Offices at the place of residence of the BUYER and SELLER are authorized.

11. FORCE

This Agreement consisting of 12 (twelve) articles has been concluded and entered into force by being approved electronically by the BUYER. In case the payment for the order of the product subject to the Agreement is made through the website, the BUYER will be deemed to have accepted all the terms of this Agreement and the Agreement will enter into force.

12. BUYER declares, accepts and undertakes that he/she has read all the conditions and explanations written in this Agreement and the order form that forms an integral part of it, and that he/she has received, reviewed and accepted all the sales conditions and other preliminary information.