DISTANCE SALES CONTRACT
Distant Sales Contract
Article 1 – Parties:
Company: Neumes Studio Müzik Üretim Organizasyon Ses Ve Işık E-Ticaret İç Ve Dış Tic. Ltd. Şti.
(Mersis No.: 0631143673900001)
Telephone: +90 342 999 35 88
Address: Sarıgüllük Mah. 61026 Sk. Zeki Yüksel Bilgili Apt. No:3 Şehitkamil/Gaziantep - Turkey
1.2. Buyer (Consumer):
Name-Surname/ Trade Name:
Article 2- Subject-Matter:
The subject-matter of this Contract includes determination of the mutual rights and obligations of the Parties in relation to the sales of the products and services purchased by the Buyer on an electronic environment and in relation to the delivery of such products, in accordance with the relevant provisions of 6502 numbered Law on Protection of the Consumers and with the Regulation on the Implementation Rules and Principles of the Distant Sales Contracts.
Article 3- Information about the Products subject to Contract, Payment Terms, Renunciation and Delivery Conditions:
3.1- Name and quantity of the goods or services subject to the Contract, sales price, including the VAT, payment terms and basic characteristics of the goods or services:
Name and Basic Characteristics of the Product:
Sales Price (VAT included, total price in Euro):
Forward sales price (total amount, VAT included):
Timestamp of products –Stamping services with the timestamp.
3.2- Payment Terms:
Payment is made by the buyer via credit card/debit card through the payment system on www.myartproof.com address, before the code is received. The buyer agrees that he/she may not access to the relevant code without making the necessary payment.
Your bank may apply more installments than the installment you choose, by arranging campaigns thereof and it may provide you other services, such as deferment of such installment payments. Such kinds of campaigns are at the sole discretion of your bank and if it is within the knowledge of our company, information about the campaigns can be given on our web pages. All kinds of transactions realized by and between the Consumer/Buyer and the bank is outside the responsibility of the seller, as a result of the sales transaction. Any disputes which may arise about this matter shall not be binding over the seller.
3.3 - Return Procedure and Right of Withdrawal:
The Consumer has the right to withdraw from this Distant Sales Contract signed with the Seller within 14 (fourteen) days, without indicating any reasons and without paying any penal clause. The period for exercising the right of withdrawal shall commence as of the date of execution of the contracts, regarding the performance of the services and as of the date of receipt of the goods by the Consumer or by the third person who was determined by the Consumer, regarding the contracts made for delivery of the goods. However, the Consumer may exercise the right of withdrawal during the period beginning from the execution of the contract, until the date of delivery of the goods. While determining the period for exercising the right of withdrawal;
For the goods that are subject to single order and delivered separately, the last day that the Consumer or the third person determined by the Consumer receives the good is taken as a basis;
For the goods that are consisting of more than one piece, the day on which the Consumer or the third person determined by the Consumer receives the last piece of such goods is taken as a basis;
For the contracts in which the goods are delivered regularly for a certain period of time, the day on which the Consumer or the third person determined by the Consumer receives the first good is taken as a basis.
You can make your renunciation notification by submitting your request in writing, from your registered e-mail address by sending a written request to firstname.lastname@example.org, prior to the expiry of exercising such withdrawal right. The amount of payment you made within the scope of your right of withdrawal shall be refunded to you within 7 business days, at the latest. However, it should be here noted that, the buyer may not exercise his/her right of withdrawal regarding the below-mentioned contracts:
- Contracts for goods that are prepared in line with the Consumer’s wishes or personal needs.
-Contracts related to books, digital contents and computer consumables, which are presented in material environment, if protective elements such as packaging, tape, seal, package are opened after the delivery of such goods.
-Contracts for the delivery of periodicals such as newspapers and magazines, except those are provided under the subscription agreements.
- Contracts relating to the services performed instantly, on an electronic environment or intangible goods that are delivered to the Consumer instantly.
- Contracts relating to the services which are started to be performed upon the consent of the Consumer, prior to the expiry of exercising such withdrawal right.
In case the Consumer chooses the option to pay with the “Shopping Credit”, the Consumer hereby declares, accepts and undertakes that the right to withdraw from the Instant/Distance Shopping Credit Agreement shall be implemented within the scope of the Instant/Distance Shopping Credit Agreement executed by and between the Bank and the Consumer. The withdrawal from this Distance Sales Contract by the Consumer signed with the Seller shall not automatically terminate the Instant/Distance Shopping Credit Agreement made with the Bank. In order for the Consumer to withdraw from the Instant/Distance Shopping Credit Agreement, it is required to send a withdrawal request to the Bank, which provides loans in accordance with the procedures as stipulated in the Instant/Distance Shopping Credit Agreement, within the periods as specified in the Instant/ Distance Shopping Credit Agreement. Within this scope, the Seller shall not be held liable, if the notification to be made by the Consumer to the Bank is never made or made with a delay, or the Seller shall not be held liable, regarding the credit relationship by and between the Bank and the Consumer.
Article 4- General Provisions:
4.1- The Consumer/ Buyer hereby declares that he/she has read and became aware about the basic characteristics of the product subject to the contract, as well as about the sales price of the product, including overall taxes and payment terms and delivery conditions, by reading the preliminary information given in relation to the full commercial title, full address and contact information of the Seller and granted his/her necessary confirmation on an electronic environment about such matters. By confirming this contract electronically, the Buyer hereby confirms that, prior to the conclusion of distant sales contracts, the Buyer had obtained the relevant information required to be given by the Seller to the Consumer about the address, basic characteristics of the ordered products, the price of the products, including taxes, payment and delivery conditions in a correct and complete manner.
4.2- The code will be given to the user, within the shortest possible time, following after the successful payment of the product. The user will be able to use the service provided with this given code.
4.3- After the stamping process subject to this contract has taken place, the Seller shall not have any responsibility for the stamped data. The party who shall be responsible for keeping the data in an unchanged manner is the Buyer/Consumer.
4.4- In the event that the relevant bank or the financial institution does not pay the product price to the Seller, following after the delivery of the product, due to the reason that the credit card of the Consumer/Buyer is used unfairly or used illegally by the unauthorized persons due to the faults of the Consumer/Buyer; it is obligatory to return the product to the Seller provided that, the product has been delivered personally to the Consumer/Buyer.
4.5- In order to make the relevant return procedures for the product, in accordance with 385 numbered General Communiqué on the Tax Procedure Law, the relevant sections of the invoice we sent to you must be filled in completely and sent back to us, together with the product, after signing the invoice.
Article 5- Disputes and Competent Jurisdiction:
Regarding all kinds of disputes arisen from or in relation to this Contract; for the disputes up to the values as declared by the Ministry of Customs and Trade every year, the Provincial or District Consumer Arbitration Committees located at the place where the Consumer transaction is made or where the Consumer’s place of residence is located at shall be the competent court and for the disputes which are above the aforementioned values, the Consumer Courts located at the place where the Consumer transaction is made or where the Consumer’s place of residence is located at shall be the competent court and shall have the competent jurisdiction thereto. In the places where there are no Consumer Courts, the Civil Courts of First Instance shall have the competent jurisdiction thereof.
As of the realization of the order, the Consumer / Buyer is deemed to have accepted all of the terms and conditions of this Contract.
Seller: Neumes Studio Müzik Üretim Organizasyon Ses Ve Işık E-Ticaret İç Ve Dış Tic. Ltd. Şti.