Terms of Agreement

TERMS OF USE and SALES AGREEMENT

THIS AGREEMENT WILL BE DISPLAYED AGAIN DURING YOUR ORDER AND WILL BE DELIVERED TO YOU AS ELECTRONIC MAIL AFTER THE ORDER IS COMPLETED. THIS AGREEMENT CONTAINS THE PROVISIONS REGARDING THE PRODUCT YOU PURCHASED FROM /musecontemporary.com/. BY CONFIRMING YOUR ORDER, YOU AGREE TO BE BOUND BY THESE TERMS OF SALE. PLEASE READ CAREFULLY.

1. SCOPE

The subject of this contract is the Law on the Protection of the Consumer No 6502 and the provisions of the DISTANCE CONTRACTS REGULATION published in the Official Newsletter No 29188. It covers the rights and obligations of the parties.

2. PARTIES

SELLER: [Muse Contemporary]

Title: [Ayşe Pınar Akalın]

Address: [Harbiye Mah. Cumhuriyet Cad. Kervansaray Apt. No:54 D:16 Şişli / İstanbul]

Phone: [●]

E-mail: [info@musecontemporary.com]

Mersis No: 1111

 

BUYER:

Name / Surname / Title: [●]

Address: [●]

Phone: [●]

E-mail: [●]

The address and contact information of the person who is a member of /musecontemporary.com/ site (`` BUYER '') is given while registering on the site.

The BUYER accepts that the artworks of various artists are sold on the website /musecontemporary.com/.

 

3. PRODUCT INFORMATION SUBJECT TO THE CONTRACT

It consists of the type, quantity, model, color, number, sales price, payment method of the product, and the information at the time the order is finalized.

4. GENERAL CONDITIONS

4.1. The BUYER declares that he has read all the information regarding the basic characteristics, sales price and payment method and delivery of the product or products subject to the contract, and that he has been informed and has given the necessary confirmation electronically.

4.2. The product or products subject to the contract are delivered to the BUYER or the person / organization at the address indicated in the preliminary information, not exceeding the legal 30-day delivery period,  depending on the distance of the BUYER's place of residence.

4.3. Delivery cost is not included in the product price. Product shipping cost will be paid by the BUYER separately. The SELLER will make the best commercial effort and will ship the product via a suitable carrier and shipping. During the order, the cargo / courier fee will be specified separately to the BUYER.

4.4. The SELLER may change the products and prices offered on the website due to, but not limited to, changes in market conditions, discontinuation of product sales, absence of products, changes in prices by artists or errors in their advertisements. Although the lists for all products are updated every day, some products ordered may be out of stock of the SELLER. In such cases, the BUYER is informed by e-mail by the relevant departments of the SELLER and a refund is made to the credit card for the product price.

4.5. If the product subject to the contract is to be delivered to another person / organization other than the BUYER, the SELLER cannot be held responsible for the refusal of the delivery person / organization, so the BUYER cannot use the right of withdrawal and cannot demand a refund. In this case, the delivery is made to the address of the BUYER.

4.6. It is not possible to return products that are prepared in line with the BUYER's wishes or according to his personal request. These products are are not suitable for return due to their nature.

4.7. The SELLER is responsible for the delivery of the contractual product in a sound, complete way and in accordance with the qualifications specified in the order.

4.8. For the delivery of the product subject to the contract, the signed copy of the contract must be delivered to the SELLER electronically and the price must be paid in the form of payment preferred by the BUYER. If, for any reason, the product price is not paid or is canceled in the bank records, the SELLER is deemed to be free from the obligation to deliver the product.

4.9. If the bank or financial institution does not pay the price of the product to the SELLER due to the fact that the credit card belonging to the BUYER is used unfairly or unlawfully by unauthorized persons after the delivery of the product, the BUYER will be obliged to pay the relevant price to the SELLER immediately. 

4.10. Situations that do not exist and are not foreseen at the time the contract is signed, develop outside the control of the SELLER, and make it impossible for the SELLER to fulfill the obligations and obligations imposed by the contract, partially or completely are called “force majeure” (natural disaster, war, terror, uprising, legislative provisions , seizure or strike, lockout, significant malfunction of production and communication facilities ...). In case of force majeure, the SELLER will notify the BUYER immediately and in writing, when the force majeure situation allows. During the continuation of the force majeure, the SELLER will not be liable for any failure to fulfill its action. In this case, the BUYER may use one of the rights to cancel the order and / or postpone the delivery period until the obstacle is eliminated. If the BUYER does not inform the SELLER which of these rights he wants to use during the period of force majeure, it is assumed that the BUYER cancels the order. If the BUYER cancels the order, the amount paid is paid to him in cash and in lump sum within 10 days.

4.11. During the delivery of the product from the carrier to the BUYER, the BUYER must inspect the product. If there is a visible fault in the product, the product should not be received and sent to the SELLER.

4.12. Under the Law No.6502 on the Protection of the Consumer, defective goods are goods that are in violation of the contract due to the fact that they do not conform to the sample or model agreed by the parties at the time of delivery to the consumer or because they do not have the characteristics that they should have objectively. Goods that do not have one or more of the features in its packaging, label, introduction and user guide, internet portal or advertisements; which are contrary to the quality declared by the seller or determined in its technical regulation; goods that reduce or eliminate the benefits expected by the consumer reasonably, and contain material, legal or economic deficiencies are considered defective.

The BUYER is obliged to notify the SELLER of the defect at the time of delivery and to refrain from receiving it. In this case, the BUYER has the right to return from the contract, including the refund, or to request the replacement of the goods with no defects.

4.13. This contract becomes valid after the SELLER sends it to the BUYER via e-mail.

4.14. In disputes that may occur for sales affectuated outside of Turkey, Turkish law will be applied and Istanbul (Central) Courts will be authorized.

The SELLER may apply for complaints and objections to the arbitral tribunal or consumer court for consumer problems in the place where the goods or services are purchased within the monetary limits determined by the Ministry or where they are domiciled. Information on the monetary limit is below.

In disputes with a value below 7.550 (seven thousand five hundred and fifty) Turkish Lira, District Consumer Arbitration Committees; Provincial Consumer Arbitration Committees, in disputes between 7.550 (seven thousand five hundred fifty) Turkish Lira and 11.330 (eleven thousand three hundred thirty) Turkish Lira in the districts of the provinces that do not have metropolitan status, application to the Provincial Consumer Arbitration Committees is mandatory. For disputes over these values, applications cannot be made to Consumer Arbitration Committees.

 

5. RIGHT TO WITHDRAWAL

5.1. In distant contracts related to the sale of goods, the RECEIVER may use the right to withdraw from the contract by refusing the goods with a valid justification within 7 (seven) days from the date of delivery to the person / organization at the address indicated. The notification of the BUYER that he has exercised his right of withdrawal must be directed to the SELLER according to the RETURN POLİCY within this period. The working days of the SELLER are on weekdays except Saturday and Sunday, and the BUYER can exercise the right of withdrawal between 09:00 and 17:00 on those days. The BUYER can make the notification of the withdrawal request and all other objections and complaints in writing to the above-mentioned address of the SELLER or by sending an e-mail to [●] address by phone or e-mail or by filling the return form under the invoice and forwarding it to the SELLER. Before accepting the distance contract or any corresponding offer, the BUYER is clearly and understandably informed by the seller or the supplier that he will be under the obligation to pay if the details are specified in the regulation and if the order is approved, and the BUYER agrees in advance that he has been informed. Before the expiry of the right of withdrawal, the right of withdrawal cannot be exercised in the service contracts whose service is started with the approval of the consumer. The costs arising from the use of the right of the withdrawal belongs to the BUYER.

5.2. In order to use the right of withdrawal, a written notification must be made to the SELLER by registered mail, fax or e-mail within 7 (seven) days and the product must not be used in accordance with the provisions of "Products for which the Right of Withdrawal cannot be exercised" regulated under the title of Article 11. If this right is exercised,

  1. The invoice of the product delivered to the 3rd person or to the BUYER (If the invoice of the product to be returned is corporate, it must be sent with the return invoice issued by the institution when returning it.
  2. Return form,
  3. The products to be returned must be delivered complete and undamaged, together with the box, packaging and standard accessories, if any.
  4. The SELLER is obliged to return the total amount and the documents that put the BUYER under debt to the BUYER within 7 (seven) days at the latest from the receipt of the withdrawal notification and to return the goods within 3 (three) days.
  5. If there is a decrease in the value of the goods due to a reason caused by the BUYER's fault or if the return becomes impossible, the BUYER is obliged to compensate the damages of the SELLER at the rate of fault.
  6. If the campaign limit amount set by the SELLER is reduced due to the use of the right of withdrawal, the discount amount used within the scope of the campaign is canceled.

Please see Return Policy for detailed and exact procedures.