Distance Sales Contract

1. DEFINITIONS

Seller: A natural or legal person,
including public legal entities, who offers goods to consumers for commercial
or professional purposes or acts on behalf or account of the seller,

Consumer, Buyer: A natural or legal
person acting for commercial or non-professional purposes,

Goods/Product: Subject to shopping;
movable goods, immovable goods for residential or vacation purposes, and all
kinds of software, audio, video and similar intangible goods prepared for use
in electronic media,

Service: The subject matter of any
consumer transaction other than the provision of goods, which is made or
undertaken to be made in return for a fee or benefit,

Distance Contract: Contracts
established through the use of distance communication tools up to and including
the moment of the establishment of the contract between the parties within the
framework of a system established for the distance marketing of goods or
services, without the simultaneous physical presence of the seller and the
consumer,

Permanent Data Storage: Text
message, electronic mail, internet, disk, CD, DVD, memory card and all kinds of
similar tools or media that enable the information sent or received by the
consumer to be recorded in a way that allows the consumer to examine this
information for a reasonable period of time in accordance with the purpose of
this information and to be copied unchanged and to access this information
exactly as it is,

It refers to.

 

2. SUBJECT OF THE CONTRACT AND
PARTIES

2.1 This contract determines the
rights, laws and obligations of the parties in accordance with the provisions
of the Law on the Protection of Consumers and the Distance Contracts Regulation
regarding the sale of products and services made by the BUYER, whose detailed
information is available below, through the website www.objectornotobject.com (hereinafter
referred to as the INTERNET SITE) operated by the SELLER and the delivery of
the products to the delivery address. In cases where there is no provision in
the contract, the provisions of the legal legislation shall apply.

2.2 The buyer accepts and declares
that he / she has information about the basic qualities of the goods or
services subject to sale, sales price, payment method, delivery conditions and
all preliminary information about the goods or services subject to sale and the
right of withdrawal, confirms this preliminary information electronically and
then orders the goods or services in accordance with the provisions of this
contract. The preliminary information form and invoice on the payment page of
the website are integral parts of this contract.

2.3 Seller Information

 

Title: Studio These Days İletişim
ve Ticaret Limited Şirketi

Address: Fikirtepe Mah.
Rüzgar Sk. No: 29/1c Kadıköy/İstanbul

Telephone Number: +90 538 541 22 39

KEP:
studiothesedays@hs01.kep.tr

MERSIS Number: 0008084806000015

 

 

2.4 Buyer Information

 

Name Surname/Title:

           

[-1-]

 

 

Address:

           

[-2-]

 

 

Telephone Number

           

[-3-]

 

 

Email address

           

[-4-]

 

 

3. PRODUCTS AND SERVICES SUBJECT TO
THE CONTRACT

 

Product/Service:

           

[-5-]

 

 

Product/Service Detail:

           

[-6-]

 

 

Number of Products/Services

           

[-7-]

 

 

Total VAT:

           

[-8-]

 

 

Product Delivery/Shipping Charge:

           

[-9-]

 

 

Total Amount Including VAT

           

[-10-]

 

 

4. DELIVERY

4.1 In service sales through the
website, instant performance and delivery is realized according to the nature
of the service. In such a case, the invoice is sent to the buyer via a
permanent data storage device.

4.2 In product sales through the
website, the product shall be delivered to the delivery address specified by
the buyer on the website or to the person / organization at the address
directed by the buyer, together with the invoice, within 30 days at the latest. 
If this obligation is not fulfilled, the buyer may terminate the contract. In case of
termination of the contract, the seller shall return all payments collected to the
buyer within 14 days from thedate of receipt of the termination notice.

4.3 In cases where it becomes
impossible to fulfill the performance of the goods or services subject to the
order, the seller shall notify the buyer with a permanent data storage device
within three days from the date of learning of this situation, and shall return
all payments collected, including delivery costs, if any, within fourteen days
at the latest from the date of notification.

4.4 The buyer is responsible for
checking the product as soon as he/she receives the product and when he/she
sees a problem caused by the cargo in the product, he/she is responsible for
not accepting the product and making a report to the cargo company official.
Otherwise, the seller will not accept responsibility.

 

5. PAYMENT METHOD

 

Payment Method:

           

 

 

 

Name-Surname/Title Information of
the Person / Institution to be Delivered:

           

[-11-]

 

 

Phone Number of the Person /
Organization to be Delivered:

           

[-12-]

 

 

Delivery Address:

           

[-13-]

 

 

Invoice Address:

           

[-14-]

 

 

 

6. GENERAL PROVISIONS

6.1 The Buyer agrees that he/she
has read the preliminary information regarding the basic qualities, sales
price, payment method and delivery of the products and services shown on the
website and that he/she has read and informed and given the necessary approval
electronically.

6.2 The Seller is responsible for
the delivery of the product subject to the contract in a complete manner, in
accordance with the qualifications specified in the order and with warranty
documents and user manuals, if any.

6.3 In the event that the product
or service subject to the contract is contrary to the contract due to the fact
that it does not have the features it should have on the website, the buyer may
use one of the optional rights to return the contract by notifying that he is
ready to return the goods sold, to retain the goods sold and to request a
discount from the sales price in proportion to the defect, to request free
repair of the goods sold at the seller's expense, if it does not require an
excessive expense, and if possible, to request the replacement of the goods
sold with a defect-free replica. In the event that one of the rights of free
repair or replacement of the goods with a defect-free equivalent is chosen,
this request shall be fulfilled within a maximum of 30 working days from the
date of this request to the seller. In cases where the buyer chooses the right
to return from the contract or to discount the price in proportion to the
defect, all of the price paid or the amount of the discount made from the price
shall be returned to the buyer immediately. Liability for defective goods is
subject to a statute of limitations of two years from the date of delivery of
the goods to the buyer, even if the defect is discovered later. In cases where
the buyer is aware or expected to be aware of the defect at the time of the
conclusion of the contract, there shall be no breach of contract. The optional
rights of the buyer against defects other than these are available as stated
above.

6.4 If the product / service price
is not paid by the buyer for any reason or canceled in the bank records, the
seller will not be obliged to deliver the product / service.

 

7. RIGHT OF WITHDRAWAL

7.1 The buyer has the right to
withdraw from the contract regarding the sale of goods/products within 14 days
without any justification and without paying any penal clause. The right of
withdrawal cannot be used in sales related to services performed instantly in
electronic environment or intangible goods delivered to the buyer instantly.

7.2 The buyer must deliver the
products to be used for the right of withdrawal within the 14-day period,
complete and undamaged, together with the box, packaging, standard accessories,
if any. The right of withdrawal cannot be exercised if the product protection
band is removed, damaged, there is a deficiency in the product-accessories or
the products are used or destroyed.

7.3 The buyer's right of withdrawal
period starts on the day the contract is established in contracts for the
purchase of services; in contracts for the purchase of products, on the day the
buyer or the third party designated by the buyer receives the goods. At the
same time, the buyer may exercise the right of withdrawal within the period
from the conclusion of the contract until the delivery of the goods.

7.4 In determining the right of
withdrawal period; for products that are the subject of a single order and
delivered separately, the day on which the buyer or the third person designated
by the buyer receives the last product; for products consisting of more than
one part, the day on which the buyer or the third person designated by the
buyer receives the last part; in contracts where regular delivery of the
product is made for a certain period of time, the day on which the buyer or the
third person designated by the buyer receives the first goods is taken as
basis.

7.5 The notification of the
exercise of the right of withdrawal must be directed to the seller with a
permanent data storage device before the right of withdrawal expires. You can
exercise your relevant right via our website www.objectornotobject.com, via the
telephone number +90 538 541 22 39 or via e-mail hello@objectornotobject.com.

7.6 The seller shall refund all
payments collected, including the delivery of the goods to the buyer, shipping
costs, if any, within 14 days from the date of receipt of the notification that
the buyer has exercised the right of withdrawal. The Seller shall make all such
refunds at once in accordance with the payment instrument used by the buyer
when purchasing and without any cost or liability to the buyer.

7.7 The buyer must send the goods
back to the seller within 10 days from the date on which the buyer notifies the
seller that he has exercised his right of withdrawal.

7.8 The buyer cannot exercise the
right of withdrawal in the following contracts:

a) Contracts for goods or services
whose price changes depending on fluctuations in financial markets and which
are not under the control of the seller.

b) Contracts for goods prepared in
accordance with the wishes or personal needs of the buyer.

c) Contracts for the delivery of
perishable goods or goods that may expire.

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 those whose return is
not suitable in terms of health and hygiene.

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

e) 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.

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

g) 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 relating to services
performed instantly in electronic environment or contracts relating to
intangible goods delivered instantly to the buyer.

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

 

8. FORCE MAJEURE

8.1 Force majeure (natural
disaster, war, terrorism, insurrection, changing legislative provisions,
seizure or strike, lockout, significant failure in production and communication
facilities, etc.) shall be deemed as force majeure if it does not exist or
cannot be foreseen on the date of entry into force of the contract, develops
beyond the control of the parties, and makes it impossible for one or both
parties to fulfill their obligations and responsibilities under the contract
partially or completely or to fulfill them on time. The party in whose person
the force majeure occurs shall notify the other party as soon as possible.

8.2 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 30 days, each
party shall be entitled to unilaterally terminate the agreement.

 

9. EVIDENCE AGREEMENT

9.1 Seller records (including
records in magnetic media such as computer, audio records) constitute
conclusive evidence in resolving any dispute that may arise from this contract.

 

10. AUTHORIZED COURT IN CASE OF
DISPUTE

10.1 Consumer Arbitration
Committees are authorized up to the value announced by the Ministry of Customs
and Trade, and in excess cases, Consumer Courts and Enforcement Directorates in
the settlement of the buyer and seller are authorized.

 

11. DECLARATION OF ACCEPTANCE

11.1 The Buyer accepts and declares
that he / she has read all the conditions and explanations written in the
Preliminary Information Form on the Website and constituting an integral part
of this Agreement and this Agreement, that he / she has prior knowledge of the
basic features, qualities, sales price, payment method, delivery conditions,
seller and all other issues related to the products / services subject to sale,
that he / she sees, reads, accepts the content of all of them electronically on
the website and accepts the provisions of this Agreement by ordering the
products / services by giving approval and acceptance permission to all of them
electronically.

 

12. ENFORCEMENT

12.1 This Agreement has been
concluded and entered into force by being read by the parties, approved
electronically by the buyer and by making payment as a positive actual act.