Distance Sales Agreement

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1. PARTIES

This Distance Sales Contract ("Contract") is the following clause between ("Buyer") and Studio Ovata ("Seller") whose legal address and e-mail address is Studio Ovata, who places an order on this channel through www.ovata.studio and other social platforms. It has been established in the electronic environment within the framework of the conditions.

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2. SUBJECT

The subject of the Contract is the determination of the rights and obligations of the parties in accordance with the Law on the Protection of the Consumer No 6502, the Regulation on Distance Contracts, and other relevant legal provisions regarding the sale and delivery of the product that the Seller sells to the Buyer, whose qualities and sales price are specified below.

 

3. CONTRACT SUBJECT PRODUCT, PRICE, PAYMENT, AND DELIVERY

The Delivery Information, including the Type and Type, Quantity, Unit Price and Sales Price of the products/services, and the Payment Information and the place of delivery notified by the Buyer, are as follows.

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Payment Information

Payment Method-Tool: (Credit Card / Credit Card at the Door or Cash Collection)

Card Type Visa

Card number

Payment Credit Card 

Installment to Credit Card / Single Payment.

Total amount

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4. ESTABLISHMENT OF THE CONTRACT
The Buyer accepts that he has read and understood the Agreement and is aware of his rights and obligations. The Buyer agrees that the transactions within the scope of the Contract are in line with his own interests and that he accepts all the terms of this contract of his own free will.
The Seller and the Buyer acknowledge that the provisions of the Contract are not unfair and that there is no injustice in terms of the balance of interests.

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5. GENERAL PROVISIONS

5.1. The Buyer declares that he has read and informed all the preliminary information regarding the basic characteristics of the contractual product, the sales price and payment method, and the delivery and that he has given the necessary confirmation electronically.
5.2. The contractual product is delivered to the Buyer or the person/organization at the address indicated in the preliminary information, depending on the distance of the Buyer's place of residence for each product, provided that the legal period does not exceed 30 (thirty) days. If the seller violates this obligation, the consumer may terminate this Agreement. In the event of termination of the contract, the Seller shall pay back all the collected payments, including delivery costs, if any, to the consumer within 14 (fourteen) days from the date of receipt of the notice of termination, together with the legal interest determined in accordance with the relevant legislation, and papers and similar documents must be returned.
5.3. If the product subject to the contract is to be delivered to a person/organization other than the Buyer, the Seller cannot be held responsible if the person/organization to be delivered does not accept the delivery.
5.4. The seller is responsible for the delivery of the contractual product in a sound, complete, and in accordance with the qualifications specified in the order.

5.5. For the delivery of the contractual product, this Contract must be confirmed electronically and the contract price must be paid. If for any reason, the product price is not paid or is canceled in the bank records, the Seller shall be deemed to be free from the product delivery obligation.
5.6. The seller is obliged to notify the Buyer in writing or with a permanent data recorder within 3 (three) days from the date of learning of the situation in cases where the fulfillment of the goods or services subject to the order becomes impossible. In this case, the Seller returns all payments, including delivery costs, to the Buyer within 14 (fourteen) days at the latest from the date of notification.
5.7. The seller is responsible for the losses and damages that occur until the delivery of the goods to the Buyer or a third party determined by the Buyer other than the carrier.
5.8. In the event that the Buyer requests the goods to be sent with a carrier other than the carrier specified by the Seller, the Seller is not responsible for any loss or damage that may occur from the delivery of the goods to the relevant carrier.
5.9. The service offered by the seller is intended for the consumer within the scope of retail sale; The Seller reserves the right to cancel the order and not deliver the products, even if this Agreement has been established if the Buyer suspects that it has the purpose of resale.

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6. RIGHT TO WITHDRAWAL
In accordance with the relevant provisions of the Consumer Protection Law No. 6502 and the Regulation on Distance Contracts;
Consumer; In distance contracts for the sale of goods, it has the right to withdraw from the contract within 14 (fourteen) days from the date of receipt of the goods without any justification and without the penal clause. However, the consumer can use his right of withdrawal within the period from the establishment of this Agreement to the delivery of the goods. It is sufficient that the notification regarding the exercise of the right of withdrawal is directed to the seller or the provider in writing or with a permanent data storage within this period.
In determining the period of right of withdrawal;

For goods that are subject to a single order and delivered separately, the day the consumer or the third party designated by the consumer receives the last good
For goods consisting of more than one piece, the day the consumer or the third party determined by the consumer receives the last piece,
In contracts where the goods are delivered regularly for a certain period of time, the day the consumer or the third party determined by the consumer receives the first goods is taken as a basis.

6.1. Consumer's right of withdrawal;
Goods prepared in line with the consumer's wishes or personal needs,
Delivery of perishable or expired goods,
Of the goods whose protective elements such as packaging, tape, seal, package have been opened after delivery; the delivery of those whose return is not suitable in terms of health and hygiene,
Goods that are mixed with other products after delivery and cannot be separated by their nature,
If the protective elements such as packaging, tape, seal, package are opened after the delivery of the goods, the books, digital content, and computer consumables provided in the material environment,
It does not apply to contracts for goods or services whose prices change depending on fluctuations in financial markets and are not under the control of the seller or supplier.

6.2. In the event that the consumer exercises his right of withdrawal, the seller or the supplier is obliged to return the total amount received within 14 (fourteen) days from the date of receipt of the withdrawal notification and any documents that put the consumer under debt, and any other similar documents, at no cost to the consumer.

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6.3. If the consumer uses the goods in accordance with its operation, technical specifications, and instructions for use, it will not be responsible for the changes and deteriorations that occur.

6.4. When the consumer uses his right of withdrawal, he will not be held responsible for paying the costs related to the return if the seller returns the goods via the carrier specified for return in the preliminary information. If the seller does not specify any carrier for the return in the preliminary information, no fee is charged from the consumer for the return cost. If the carrier specified in the preliminary information for a return does not have a branch in the place where the consumer is located, the seller is obliged to ensure that the goods to be returned are received from the consumer without any additional costs.

6.5. Unless the consumer makes an offer that the seller will take back the goods himself, the consumer has to return the goods to the seller within 10 (ten) days from the date of the notification that the consumer has exercised his right of withdrawal.

6.6. As stated in the clause of paragraph 1 of article 15 of the Regulation on Distance Contracts, consumers do not have the right to withdrawal from products specially prepared for the person.

6.7. Our customers do not have the right of withdrawal as the (Personal Products) products are prepared individually in accordance with clause of the 1st paragraph of the 15th article of the Regulation. In addition, since (Personal Products) orders are prepared exclusively for our customers, our customers do not have the right to cancel, change and/or withdraw their orders after the order is placed and the products are ready.

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7. EVIDENCE AGREEMENT AND AUTHORIZED COURT
Vendor records (including records in magnetic media such as computer-sound recordings) constitute definitive evidence in the resolution of any dispute that may arise from this Agreement and/or its implementation. The Parties have accepted that the Istanbul Courts and enforcement offices will be authorized in cases that exceed the Consumer Arbitration Committees in the place where the Buyer and Seller are domiciled within the monetary limits determined within the framework of the legislation in the disputes arising from the implementation and interpretation of the Contract.

Information on the monetary limit is below:
Effective from 01.01.2016:
District Consumer Arbitration Committees for disputes under TL 2,320.00 (Two Thousand Three Hundred Twenty Turkish Liras), Provincial Consumer Arbitration Committees for disputes under TL 3,480.00 (Three Thousand Four Hundred and Eighty Turkish Liras), In provinces, it is obligatory to apply to the Provincial Consumer Arbitration Committees in disputes between 2,320.00 TL - 3,480.00 TL (Two Thousand Three Hundred Turkish Liras and Three Thousand Four Hundred Eighty Turkish Liras). For disputes over these values, applications cannot be made to the Consumer Arbitration Committees.

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