REMOTE SALES AGREEMENT
1. PARTIES OF THE AGREEMENT
1.1. SELLER
Trade Name: Galata Sanat Mağazacılık A.Ş.
Address: Şahkulu Mahallesi Galip Dede Caddesi No:79 A Beyoğlu-İstanbul
Phone: +90 (212) 244 00 27 - +90 539 577 34 40
E-mail: info@galataart.com
Mersis Number: 0484-0834-3878-6160
1.2. BUYER
The address and contact details provided by the BUYER during registration or at the time of purchase, including invoicing and contact information, will be considered as the basis for this agreement.
2. DEFINITIONS
In the application and interpretation of this agreement, the following terms will represent the explanations stated next to them:
MINISTER: The Minister of Customs and Trade,
MINISTRY: The Ministry of Customs and Trade,
LAW: The Law No. 6502 on Consumer Protection,
SELLER: Galata Sanat Mağazacılık A.Ş.,
SITE or SYSTEM: The website www.galata.art,
BUYER: The legal or natural person who purchases artwork from the SELLER's website www.galata.art,
PARTIES: SELLER and BUYER,
AGREEMENT: This agreement made between the SELLER and the BUYER,
WORK: The products sold on the SITE.
3. SUBJECT OF THE AGREEMENT
The subject of this agreement is the sale and delivery of the artwork, whose characteristics and sales price are listed, through electronic sales made via the SELLER's SYSTEM, and the determination of the rights and obligations of the parties in accordance with the Law No. 6502 on Consumer Protection and the Distance Selling Regulation.
The BUYER acknowledges and declares that they are aware of the basic characteristics, sales price, payment method, delivery conditions, and right of withdrawal regarding the artwork they wish to purchase, and that they have confirmed this information electronically and have subsequently placed the order for the artwork in accordance with the provisions of this agreement.
4. ARTWORK/ARTWORK INFORMATION
The basic characteristics (technique, artist, price) of the artworks are published on the SELLER’s website.
5. PRICE AND PAYMENT TERMS
5.1. The BUYER agrees to pay the total price, including VAT and shipping fees, for the artwork(s) through the system. The prices listed on the system are the sale prices; these prices are valid until changed.
5.2. Payment will be made through the SELLER’s website via Virtual POS using a credit card on a prepaid basis.
5.3. Domestic shipping fees will be covered by the SELLER.
5.4. International shipping fees and all taxes will be covered by the BUYER.
6. DATE OF THE AGREEMENT
This agreement is concluded on the date the BUYER places the order. The WORK will be delivered to the address requested by the BUYER.
7. GENERAL PROVISIONS
7.1. The BUYER acknowledges that they have read the basic characteristics of the WORKS shown on the SYSTEM, the sales price, payment method, and delivery information, and that they have confirmed their approval electronically for the sale. By confirming the Preliminary Information electronically, the BUYER acknowledges, declares, and commits that they have obtained the correct and complete details regarding the basic features of the ordered artworks, the price including taxes, and the payment and delivery information prior to the establishment of the distance sales agreement.
7.2. The WORK will be delivered to the BUYER’s specified delivery address on the WEBSITE, packaged with the invoice, and in good condition within a maximum of 30 days.
7.3. The SELLER may provide an alternative artwork of equal quality by informing the BUYER and obtaining their explicit approval before the expiration of the obligation to deliver the artwork.
7.4. If the SELLER is unable to fulfill the obligations of this agreement due to the impossibility of delivering the ordered artwork, the SELLER agrees to notify the BUYER in writing within 3 days of learning about this situation, and to refund the total price to the BUYER within 14 days.
7.5. In case of force majeure (natural disasters, strikes, wars, etc.), including unforeseen situations that may hinder or delay the fulfillment of obligations, the SELLER agrees to inform the BUYER about the delay and to state that the fulfillment of the obligations will be suspended until the force majeure situation ends. If the BUYER cancels the order, the SELLER agrees to refund the payment made by the BUYER within 14 days if paid in cash. In case of a credit card payment, the product amount will be refunded to the related bank within 14 days after the order is canceled. The BUYER acknowledges that the time for the refunded amount to appear in their account may take 2 to 3 weeks, depending on the bank’s process, and that the SELLER cannot be held responsible for any delays.
7.6. The SELLER has the right to contact the BUYER through the contact details provided during registration, including mail, email, SMS, phone calls, or other means, for communication, marketing, notification, and other purposes. By accepting this agreement, the BUYER acknowledges and agrees that the SELLER may engage in such communication activities.
7.7. The BUYER will inspect the WORK upon delivery; damaged goods (scratches, broken items, torn packaging, etc.) will not be accepted, and a report will be filed with the courier company. The WORK will be considered accepted if it is delivered without any damage. After delivery, it is the BUYER’s responsibility to take care of the artwork. If the right of withdrawal is exercised, the invoice must be returned with the artwork.
7.8. The BUYER cannot use the SELLER’s website in a manner that violates public order, general morality, causes disturbances, or engages in illegal activities. Moreover, the BUYER may not engage in activities that prevent or hinder the use of the services by others (such as spam, viruses, trojans, etc.).
7.9. Links to other websites controlled by third parties may be provided on the SELLER’s website. These links are provided for the convenience of the BUYER, and the SELLER does not support or guarantee the content of the linked websites.
7.10. Any member who violates any of the terms in this agreement will be legally and criminally responsible for the violations and will hold the SELLER harmless from the legal consequences of the violation. Additionally, if the issue is taken to court, the SELLER reserves the right to demand compensation from the member for failing to comply with the membership agreement.
7.11. If the BUYER makes payment via credit card and the cardholder or the recipient of the artwork is different from the BUYER, any legal risks (including unauthorized use of the credit card) will be the responsibility of the BUYER. The BUYER agrees that in such cases, they will not seek any compensation from the SELLER.
7.12. The SELLER is not responsible for the inability to deliver or delayed delivery of the artwork if the shipping method chosen by the BUYER through a third-party courier company fails.
8. RIGHT OF WITHDRAWAL
8.1. If you suspect that the package was damaged during shipment, please inspect it in front of the courier before accepting it. If there is any damage, do not accept the package and ensure that a report is filed with the courier. If no report is made, it will be considered that you have accepted the delivery in good condition.
8.2. If any damage, breakage, tearing, or other such issues are found in the artwork and it is not returned in the same condition as it was when delivered, the artwork will not be accepted for return, and no refund will be given.
8.3. To exercise the right of withdrawal, the BUYER must notify the SELLER in writing by sending a registered email within 14 (fourteen) days. In the case of exercising this right:
a) The invoice of the artwork delivered to the BUYER or a third party must be returned. (For corporate invoices, the BUYER must send a return invoice issued by the company together with the artwork. Corporate orders cannot be completed without the return invoice).
b) The product must be returned in its original box, packaging, and with any accessories in complete and undamaged condition.
c) The SELLER is required to refund the total price and any documents that bind the BUYER within 10 days of receiving the withdrawal notice and to return the product within 20 days.
d) If the return is impossible due to the BUYER’s fault, the BUYER must compensate the SELLER for damages proportionate to the fault. However, the BUYER is not responsible for any changes or damage that occurs to the artwork during its proper use within the withdrawal period.
9. FORCE MAJEURE
In cases of force majeure such as natural disasters, insurrections, wars, or other situations beyond the SELLER’s reasonable control, including system attacks, the parties will not be held responsible for any failure or delay in fulfilling their obligations under this agreement until the force majeure event ends.
10. COMPETENT COURT
In the event of any disputes arising from this Agreement or its implementation, the SELLER’s records will constitute conclusive evidence; for disputes within the value set by the Ministry of Science, Industry, and Technology, Consumer Arbitration Committees will have jurisdiction, and for higher amounts, the Istanbul Anatolian Consumer Courts and Enforcement Offices will have jurisdiction.
The BUYER confirms that they have read all the terms and conditions of this agreement and the order form, have received all preliminary information, reviewed it, and fully accept it.
11. EFFECTIVENESS
The BUYER will be deemed to have accepted all the terms of this agreement upon making payment for their order through the system. The SELLER is responsible for ensuring that the BUYER acknowledges the reading and acceptance of this agreement on the website before completing the order.
SELLER: Galata Sanat Mağazacılık A.Ş.
BUYER:
DATE: