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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 the date 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.