ARTICLE 1- PARTIES
a) “Site” Website with the domain name http://www.darkotaiba.net
b) ” Contract” Herein Distance Selling Contract
c) “Buyer” people who register to the website by approving this contract and can request to buy the works listed on this website
d) “Seller” Company / Person who has the right to list the work to the website for sale purposes and the right to transfer the material rights of the work by approving this contract
e) “Work” These are the products that are end result of labor and listed for sale on the website.
f) “Parties” Expresses buyer and seller all together.
ARTICLE 2: SUBJECT AND SCOPE OF THE CONTRACT
The subject of this Contract is to determine the mutual rights and obligations of the Parties hereto as per the provisions of the Act on the Protection of the Consumers and the Regulation on Distance Sales Contracts as well as all other applicable regulations and applications related to the sales/ purchase and delivery of the work(s) ordered by the BUYER via the electronic environment via the website www.darkotaiba.net belonging to the SELLER. As the order takes place, the BUYER shall be deemed to have accepted all the terms of this contract.
ARTICLE 3: CONDITIONS OF THE MEMBERSHIP
In order to become a member of the SITE, it is required to have reach lawful age; to provide personal details asked by the SELLER in a true, complete and accurate manner; to not have been suspended or permanently banned from membership by the SELLER and approve the CONTRACT by becoming a member of the SITE.
ARTICLE 4: DELIVERY COSTS AND PERFORMANCE
4.1. Delivery costs are the responsibility of the BUYER. Delivery costs are borne by the SELLER in cases where the SELLER states that the SELLER shall meet delivery costs in case of those shopping for a figure above the figure set and announced by the SELLER on the Site. The Product will be delivered to the address of the Buyer stated above. Even if the BUYER will not be present at the address on the delivery time, the SELLER will be deemed as it has performed its obligations hereunder fully and completely. Therefore, any and all losses and damages due to the late receipt of the Product by the BUYER, delay delivery attributable to the cargo company and/ or the return of the product to the SELLER shall be incurred solely by the BUYER.
4.2. Delivery of the Product or Products is made as soon as possible upon stock availability and receipt of the price in the SELLER’s account. The SELLER will inform any failure of delivery within the prescribed period due to any force majeure conditions including extremely adverse weather and interruptions in transportation.
ARTICLE 5: REPRESENTATIONS AND WARRANTIES OF THE BUYER
5.1. The BUYER shall inspect the WORK covered by the Contract during delivery before taking their delivery, not taking delivery of any Product which is bruised, broken and have torn packages and similar damages and defects. The BUYER hereby agrees, declares and pledges that the Product taken over from the courier has been delivered in a complete, damage free and sound condition.
5.2. The BUYER agrees and undertakes to fulfill the obligations imposed on him in the contract, except the force majeure.
5.3. The BUYER cannot transfer this contract or his rights and obligations under this contract, in whole or in part, to any third party without the written consent of the SITE.
5.4. The BUYER agrees and undertakes not to damage the product and its packaging in any way whatsoever in case of desire to return the product he receives, and to return the original invoice and dispatch note at the time of return.
5.5. BUYER agrees and undertakes that the information provided by him within the SITE is accurate and lawful. The BUYER is responsible for damages caused by incorrect or faulty information.
5.6. BUYER must comply with the payment system offered by the SELLER in the process of buying and selling of the WORKs offered for sale on the SITE. Membership of BUYERS who do not comply with the payment system provided may be terminated unilaterally without notice by the SELLER.
5.7. BUYERs agree and undertake that the SELLER will not be subject to any demand due to the SITE being temporarily or permanently inoperable.
5.8. In the event of exhibiting malicious or unlawful conduct in connection with the services provided at the SITE, the BUYERs membership may be temporarily or completely canceled without notice at the discretion of the SELLER.
5.9. The BUYER is obliged to check the products/products delivered to him and to sign the order invoice in order to indicate the complete delivery of the product/products if delivery is completed. The orders received by the BUYER with the order invoice signed mean that those have been delivered in full by the SELLER. In this case, the BUYER is not entitled to appeal.
5.10. If the shipment of the works submitted for SALE on the SITE by the SELLER are not delivered within the specified period to the BUYER, the BUYER must inform www.darkotaiba.net address via e-mail (info@darkotaiba.net) or telephone (+90 535 046 3177)
5.11. For payments made by credit card, the SITE may ask the BUYER to perform credit card verification when it deems necessary. The BUYER is obliged to provide all documents required by the SITE for credit card security.
ARTICLE 6: REPRESENTATIONS AND WARRANTIES OF THE SELLER
6.1. The SELLER is liable for delivery of the Products fully, completely and robustly, having the properties stipulated in the order and together with warranty certificate and product manuals, if applicable.
6.2. The SELLER fulfills its responsibility in the prescribed time limit from the moment of receipt of the order of BUYER. If the SELLER does not perform within this period, the consumer may terminate the contract.
6.3. The SELLER is liable for delivery of the Products fully, completely and robustly, having the properties stipulated in the order and together with warranty certificate and product manuals, if applicable.
6.4. If the contract item is to be delivered to a person other than the BUYER and The SELLER cannot be held responsible in case the delivery person/organization does not accept delivery.
6.5. In the event that the SELLER is unable to meet its obligations under the Contract because delivery of the ordered Product or Products to the Customer is not possible, the SELLER informs the Customer accordingly before the expiry of the term of its performance obligation arising from the Contract and may provide the Customer with a different product of the same quality and price.
In this case, the Customer may exercise one of the options involving order cancellation, replacement of the Product with equivalent items and/or postponement of the delivery time limit until after the elimination of the preventive condition. In the event that the Customer cancels the order, the sum paid thereof and documents (if applicable) are refunded within 10 days.
ARTICLE 7: PROPERTIES OF THE PRODUCT/SERVICE SUBJECT TO THE CONTRACT
Type, quantity, color and the sales price (including all taxes) of the WORK are as advertised on the WORK’s information page on the website called www.darkotaiba.net and as stated in the invoice, which is considered an integral part of this contract.
ARTICLE 8: CASH PRICE AND FORWARD PRICE OF THE PRODUCT
The cash price of the product is included in the invoice. The forward price of the product is included in the invoice.
ARTICLE 9: OTHER CLAUSES
9.1 The BUYER hereby agrees, declares and pledges that he is aware of the basic qualities, sale price, payment methods and delivery conditions of the WORK subject to this CONTRACT by reading all the related preliminary information and that he confirms this preliminary information electronically.
9.2 For the delivery of the WORK subject to this CONTRACT, It is required that the CONTRACT is confirmed electronically and payment of the order subject to the CONTRACT, is made. In the event that the value of the Product is not paid or payment is cancelled in the bank records for any reasons whatsoever, the SELLER is considered having been relieved of its obligation to deliver the product.
9.3 Being a site member is free for BUYERs.
9.4 Inventories of original works exhibited for sale at the SITE are inherently absent, as the work is “unique”. In case the works on this site are purchased by a third person from galleries or from the owner of the work, before the sale at this SITE or at least at the same time, the sum paid will be returned to the BUYER as the delivery of the work becomes impossible. The BUYER irrevocably accepts and undertakes not to claim any compensation, interest, or similar claim due to the cancellation of the sale, from the SELLER.
9.5 The WORKs exhibited and purchased at the SITE cannot be copied, reproduced or printed on poster without the written consent of the rights holders; cannot be used as printed or visual material by photographing and cannot be modified.
ARTICLE 10: FORCE MAJEURE
Cases which are not present or unforeseeable on the date of signing of the contract, and develop outside of the controls of the parties and which make it impossible for them to partially or fully fulfill the obligations and responsibilities of either or both of them in the contract are considered as force majeure (Natural disaster, war, terror, insurrection, legislative provisions, seizure or strike, lockout, significant defect in production and communication facilities…) The party who is exposed to a force majeure will notify the other party about the situation immediately and in written form. The parties will not have any responsibilities stemming from their inability to fulfill their actions during the continuation of the force majeure. If the force majeure continues for 10 (ten) days, each party has the right to terminate the contract unilaterally.
ARTICLE 11: RIGHT OF WITHDRAWAL
11.1 For the BUYER to benefit from the right to withdraw; the sale should be based on a sales contract that falls within the scope of the Law on the Protection of Consumer; the return shall be made without opening, breakage, tearing, and/or use of the product within seven (7) days following the delivery (In accordance with the new law on the protection of the consumer 48/4 no. 6502, right of withdrawal has been increased to 14 days. The law will become effective on 07.05.2014)
11.2 Refund requests are not accepted if the labels made by the importer or the manufacturer on the product’s box are torn, the vacuum or gelatinous packaging is opened and the ability of SELLER to put the product on sale is lost. The BUYER is obliged to return the product in the same condition he received it.
11.3 Within 10 days after receipt of notification on the right of withdrawal, the product price is returned to the BUYER and the return is accepted within 20 days. If the original invoice is not sent, VAT and other legal obligations, if any, cannot be refunded to the BUYER.
11.4 If the product to be returned is defective, the shipping fee shall be covered by the SELLER.
11.5 In the event of damage to the product, the BUYER acknowledges that he will not be entitled to a refund.
11.6 Right to withdrawal is not applicable for the goods obviously prepared in the direction of the buyer’s wishes and/or personal needs.
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LAW ON CONSUMER PROTECTION- RIGHT OF WITHDRAWAL
Regulation on Distance Selling Contract based on current law on consumer protection no: 4077
Right of Withdrawal
ARTICLE 7
(1) In distant contracts, the consumer has the right to withdraw from the contract within seven days without any justification and without a penal clause. The notification of the use of the right of withdrawal shall be communicated in writing or in a continuous data carrier within this period.(2) The term of withdrawal shall commence on the date of receipt of the goods by the consumer and on the other contracts from the day on which the contract is concluded.
(3) In case the vendor or the supplier fails to fulfill the obligations set forth in Articles 5 and 6, the right of withdrawal is three months. This period begins on the date of receipt of the goods by the consumer. And for the other contracts, from the day when the contract is concluded. However, if the liabilities specified in Articles 5 and 6 are fulfilled within a period of three months, the seven-day withdrawal period specified in the first paragraph shall start from the day on which such obligations are fulfilled. It is sufficient for the declaration of will to use the right of withdrawal to be notified in writing or in a permanent data carrier within this time…………………
The Consequences of Using the Right of Withdrawal
ARTICLE 8
(1) In case the consumer uses the right of withdrawal, the seller or the supplier is liable to reimburse the total amount paid by the customer and return free of charge any documentation which puts the consumer in to debt within ten days from the date of the notification of withdrawal is received. It also has twenty days to take back the goods.(2) In case of value of the delivered goods decreased or it is impossible to return the product due to a reason, it does not prevent the use of the right to withdraw. However, if the diminishing value or the inability of the return of the good is caused by the fault of the consumer, the customer must compensate the value of the goods or the decrease in value to the vendor. Changes and deterioration due to the normal use of the product are not considered to decrease the value
The Law on Protection of Consumers no: 6502 that will enter into force on 07.05.2014
Article 48-4b
4) The consumer has the right of withdrawal from the distance contracts within fourteen (14) days without giving any reasons and paying any penalties. Sending the notification declaring the right of withdrawal has been used to the seller or supplier within this period is sufficient. The seller or supplier is liable for proving that the consumer has been notified regarding the right of withdrawal. If the consumer is not adequately informed of the right of withdrawal, the consumer shall not be bound by the fourteen-day (14) period for the use of such right. In any case, this period ends a year after the expiry date of the right of withdrawal. The consumer is not liable for the changes and deterioration due to the ordinary use of the good during the right of withdrawal period.
ARTICLE 12: SECURITY, PRIVACY
12.1 Only you will be able to access to all the information that you provided while becoming member, by logging in with your e-mail address and your password. You can change your information in the “My subscription information” section.
12.2 Your personal contact information (name, surname, address, telephone number, e-mail, etc.) is never shared with third parties. News, announcements, novelties, discounts, campaigns and promotions will be sent to your e-mail address upon your request and approval.
12.3 When you order by credit card; the system automatically contacts the bank that your card is affiliated with. Your credit card information is not stored on the SITE. Since your credit card information is not stored on the SITE, it is not possible for the information to be seen and seized by third parties.
ARTICLE 13: DEFAULT AND LEGAL CONSEQUENCES
If the BUYER will fail to make any payment related to the transactions conducted with a credit card, he/she will pay the interest amount and be liable against the bank pursuant to the credit card contract concluded between him/her and the bank. In in any case the Bank may use applicable legal remedies; request the refunding of any legal expenses and attorney fees from the BUYER, and the BUYER agrees to pay any losses and damages incurred by the SELLER due to the delayed performance of the debt by the BUYER, in any case.
ARTICLE 14: JURISDICTION
In case of disputes arising out of this contract, ISTANBUL Central Courts and Enforcement offices have been authorized in advance. Even in the case of disputes related to this provision, the same courts are authorized.
ARTICLE 15: EFFECTIVENESS
As the BUYER proceeds to order on the SITE and confirms purchase, he shall be deemed to have accepted all the terms of this CONTRACT consisting of a total of 15 (fifteen) articles
Through becoming a member or buying a product, you agree and declare that you already read the membership agreement entirely and understand the content of the agreement completely and approve all the provisions of the same.