Marketplace Distance Sales Agreement
artparisagallery.com MARKETPLACE DISTANCE SALES AGREEMENT
1. PARTIES TO THE CONTRACT
1.1. SALES PERSON
NAME/TITLE: (Designer, brand name of the product you purchased on our site)
ADDRESS:
EMAIL:
PHONE:
1.2. BUYER
Name and Surname: (Informed when ordering)
Telephone: (Informed when ordering)
E-mail: (Informed when ordering)
1.3 INTERMEDIARY MARKETPLACE COMPANY
Vişnezade, Art Parisa Gallery, Süleyman Seba Cd. No:74, Derya Apt. 34357 Besiktas/Istanbul
+90 543 719 47 98
info@artparisagallery.com
2. DEFINITIONS
Included in this Distance Selling Agreement;
Agreement: This Distance Selling Agreement,
the Seller (or “Service Provider”): 1.1 of this Agreement. Buyer: the seller specified in article no.
1.2 of this Agreement. Product
: The product or products sold by the Seller to the Buyer, provided that all legal/criminal liability belongs to the Seller, and the details of which are specified in Article 4 of this Agreement,
Intermediary
Marketplace Company: Art Parisa gallery
Site: Websites, mobile websites and mobile applications consisting of www.artparisagallery.com domain names and sub-domains connected to these domain names,
www.artparisagallery.com User Agreement:
www.artparisagallery, which has been read and accepted by the Buyer and Seller at the stage of membership to the Site. .com User Agreement,
Preliminary Information Form: It refers to the Preliminary Information Form read and approved by the Buyer before viewing this Agreement.
Art Parisa gallery and artparisagallery.com website only serves as a marketplace and does not produce, distribute, franchise or send products to buyers. The Intermediary Marketplace Company will strive to protect the security of sellers and buyers at the maximum level.
3. SUBJECT OF THE CONTRACT
It is the determination of the mutual rights and obligations of the parties regarding the Buyer’s purchase of the Product, whose qualities, quantity and sales price are specified below, from the Seller and the delivery of the Product by the Seller to the Buyer, provided that all legal/criminal liability belongs to the Seller.
. The intermediary company Art Parisa gallery and the website artparisagallery.com do not produce or ship the products. It acts as a marketplace that brings together Sellers and Buyers.
4. PRODUCT FEATURES AND PAYMENT INFORMATION
To the Product/Products subject to this Agreement; Information regarding the sales price, delivery and payment methods of the Product(s) is as follows:
Product Quantity (piece)Product Type/Type Brand/ModelProduct Price (VAT included){% for product in magaza.products %}{% endfor %}
Shipping payment will be deducted for orders that cannot be delivered and are returned as a result of the customer entering incomplete or incorrect shipping and delivery information or address or telephone number. Apart from this, shipping is free.
| {{product.quantity}} | {{product.name}} | {{product.total_with_tax}} TL |
Shipping Fee: {{magaza.shipping_cost}} TL
Total Sales Price Including Shipping (VAT included): {{magaza.order_total}} TL
Payment Method and Plan: {{Siparis.payment_method_title}}
Delivery Address: {{Order.shipping.address}}
Billing Address: {{Order.billing.address}}
The product is not sold or delivered by Art Parisa gallery, which is the Intermediary Service Provider, and the Buyer may request a refund and all other requests, including but not limited to Article 1.1 of the Agreement. It must be forwarded to the Seller specified in article no. This
is among the basic characteristics of the Product and the order, and the Product can only be purchased by accepting this condition.
5. INTERMEDIARY SERVICE PROVIDER
The Intermediary Service Provider only provides an electronic commerce environment through the Site for the realization of the sale subject to this Agreement, does not produce or deliver the Product, and does not make any warranty or commitment regarding the Product to the Buyer.
The Buyer acknowledges that the Site belonging to the Intermediary Service Provider is not a seller/provider website and is not included as a party to this Agreement, and that the seller who is a party to the Agreement 1.1. He/she accepts and declares that he/she is the Seller who writes the information in the article no., and
that the Seller is the sole addressee for requests and complaints regarding the Product, delivery of the Product and post-sale refund.
The Seller acknowledges that it is solely responsible to the Buyer for all matters specified in the Agreement, including but not limited to the supply of the Product, its delivery to the Buyer, and that the
Intermediary Service Provider has no responsibility regarding the Product, delivery of the Product and post-sale refund. accepts, declares and undertakes that there is no
partnership relationship between the Intermediary Service Provider and the Intermediary Service Provider .
Buyer and Seller; The Intermediary Service Provider does not have the title of seller, supplier, manufacturer-importer, dealer or agency regarding the Product published/announced on the Site; All actions regarding the supply/delivery of the Product to the Buyer will be carried out by the Seller, and the Seller shall be the addressee of all requests of the Buyer regarding the Product; Intermediary Service regarding any issue related to
the Product, including but not limited to whether the Product is defective, whether it is a prohibited product, whether it is contraband or not, its quality, originality,
the accuracy and completeness of the written and/or visual explanations used in the promotion of the Product. The Provider does not have/does not have to have knowledge and
is not obliged to undertake or guarantee the same; The invoice for the Product will be issued by the Seller; For these reasons, the Intermediary Service Provider may not be subject to any legal action in accordance with any legal regulation, including but not limited to the provisions of the Law on the Regulation of Electronic Commerce No. 6563, the Law on Consumer Protection No. 6502,
the Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce and the Regulation on Distance Contracts. They accept, declare and undertake that they have no
criminal liability . The Intermediary Service Provider has no obligation to control the Product offered for sale by the Seller on the Site, and the Seller
will be solely responsible for the Product and any lawsuits, complaints and demands regarding the Product .
6. GENERAL PROVISIONS
6.1. The Buyer shall provide the basic characteristics of the Product subject to the Contract, the sales price including all taxes, shipping fee, payment method and delivery, as well as the Seller’s full name, surname/commercial title, full address and
contact information, as detailed in Article 4 of this Agreement. , acknowledges and declares that it has read the Preliminary Information Form and given the necessary confirmation electronically before concluding this Agreement.
The Buyer accepts, declares and undertakes that he/she is informed about the “right of withdrawal” along with the basic characteristics of the Product, the total sales price, the payment method and all
preliminary information about the Product and accepts the terms, and that he/she makes the payment for the Product after confirming this information electronically. It does.
6.2. All confirmations/acceptances given by the Buyer electronically within the scope of this Agreement will be deemed as “written confirmation”, if necessary.
6.3. The detailed specifications of the Product and the sales price including all taxes (“Total Sales Price”) are as stated in Article 4 of this Agreement and on the Seller’s sales page.
The seller is not responsible for price update errors caused by technical reasons
; sales made at the time of such an error are not valid.
6.4. In addition to the terms of this Agreement, the Parties acknowledge that they
accept the regulations of the Law on Consumer Protection No. 6502, the Law on the Regulation of Electronic Commerce No. 6563, the Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce and the Regulation on Distance Contracts, and that they comply with all applicable legal regulations, including but not limited to the said regulations. They accept, declare and undertake that they will act in accordance with the legislation.
6.5. The Seller accepts, declares and undertakes that it is obliged to carry out the supply and delivery of the Product to the Buyer completely and completely in accordance with the articles contained in this Agreement. The Seller is responsible for any damages that may arise from failure to supply/deliver the Product for any reason or
any administrative fines, complaints, demands and/or lawsuits from third parties regarding the sale of the Product.
In accordance with the Consumer Protection Law No. 6502 and the Distance Contracts Regulation, the Buyer may exercise his right of withdrawal within 14 (fourteen) days, unless one of the exceptions to the right of withdrawal exists.
6.5.1 CANCELLATION, REFUND and EXCHANGE EXCEPTIONS
(a) Products produced in personalized sizes with personalized names. (b) Underwear, socks, earrings, etc., which may be hygienically problematic to resell. (c) Furniture and home decoration products and clothing to be produced specially for the order (for these types of products, the customer is informed within 24 hours after the order is placed, the cancellation, return and exchange conditions will not be valid if the designer will produce specially and the payment will be refunded if desired, otherwise the products sent will be cancelled, It is notified that returns and exchanges will not be accepted. The order is processed or canceled after the customer’s response.) (d) Products that lose their salability when the packaging is opened, whose packaging is damaged, parts are missing, broken or defective, and for which a report is not kept during the delivery of the cargo. (e) Returns with malicious intent are not accepted, provided that the products are ordered and requested to be returned after being used for photography, decor, activities (birthday, new year party, etc.). (f) Returns and exchanges will not be accepted if the packaging in which the product was delivered is defective or if it is sent with a different shipping method.
The Seller accepts, declares and undertakes that it will comply with all regulations regarding the protection of the consumer, including the Law on Consumer Protection No. 6502 and the Distance Contracts Regulation, and that it will be the addressee of all the Buyer’s demands arising from consumer law and will cover the Buyer’s demands and any damage or loss it may incur. .
with the provisions of the Law on the Regulation of Electronic Commerce No. 6563, the Law on Consumer Protection No. 6502, the Regulation on Service Providers and Intermediary Service Providers in Electronic Commerce and the Distance Contracts Regulation
.
6.6. The Seller shall deliver the Product subject to this Agreement to the Buyer or the person/person at the address indicated by the Buyer within the period specified in Article 4 of this Agreement, provided that the Product is intact, complete, free of defects, in accordance with the qualifications specified in the order and within the legal period of thirty (30) days
. Responsible for delivery to the organization. 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.
6.7. For the delivery of the Product subject to the contract, the Total Sales Price must be paid by the payment method preferred by the Buyer. If the Total Sales Price is not paid or canceled in bank records for any reason, the Seller
is deemed to be free from the obligation to deliver the Product.
6.8. The parties accept, declare and undertake that they have read and approved the artparisagallery.com User Agreement and that they are obliged to comply with the terms of the artparisagallery.com User Agreement.
7. BEST PRICE GUARANTEE
7.1 If you find the product you purchased from artparisagallery.com at a more affordable price in an online store in Turkey or on a different website within 5 business days after your order, we refund the difference.
7.2 On websites where shipping prices are added, when the product is added to the cart individually, if the shipping price is added and the final price is found, the shipping price is deemed to be added to the product price. Shipping costs are not added to Art Parisa Gallery. Even if a shipping discount is received for more than one product, the effect of the individual product on the shipping price is taken into account.
7.3 Instant campaigns, discount codes, discounts applied in the cart on different sites are outside the best price guarantee. The best price guarantee is calculated based on the label prices that appear on the product’s website.
7.4 The model, size, size and seller of the product mentioned in the best price guarantee must be the same as the product on the other site. Products from different brands and/or out of stock cannot be included in the comparison.
7.5 The product found at a more affordable price will be returned to you within 3-5 business days, depending on your purchase method.
8. RIGHT OF WITHDRAWAL
The buyer may exercise his right of withdrawal against the seller within 14 (fourteen) days from the date of delivery in transactions related to the sale of goods, and within 14 (fourteen) days from the date of purchase in transactions related to the sale of services, without assuming any legal or
criminal liability and without giving any justification. The right of withdrawal can also be exercised within the period until the delivery of the goods.
The right of withdrawal can be exercised by notifying us via inf@artparisagallery.com. The date on which the Buyer exercises his right of withdrawal by filling out the return request form on the relevant page and obtaining the seller’s return address information.
must send the goods back within 10 (ten) days from the date of delivery. Along with the goods, the invoice, the goods’ box, packaging, standard accessories, if any, and other products gifted with the goods must be returned completely and undamaged.
In order for the return request to be accepted, the goods must not have been used or worn by the Buyer to an extent that exceeds the trial purpose; The product must be used in accordance with its operation, technical specifications and usage instructions.
In cases where the right of withdrawal is exercised, it is at the Seller’s discretion whether to accept the refund request, and the Intermediary Service Provider has no responsibility in cases where the refund request is rejected. The right of withdrawal is exercised by the Buyer personally against the Seller.
If the Buyer sends the goods to be returned by the cargo company to which the product was sent, the shipping cost belongs to the Seller. If the Buyer sends the returned goods with another cargo company,
the Seller is not responsible for the return shipping cost and any damage that the goods may suffer during the shipping process.
Within 14 (fourteen) days after the Buyer exercises its right of withdrawal (provided that the goods are sent back through the carrier specified by the Seller for return),
all payments made by the Buyer to the Seller or Intermediary Service Provider regarding the relevant goods or services will be transferred to the Buyer. It will be refunded at once, in accordance with the payment instrument used when purchasing, and without incurring any costs or obligations to the Buyer.
9. CASES WHERE THE RIGHT OF WITHDRAWAL CANNOT BE USED
In accordance with the legislation, the Buyer cannot exercise its right of withdrawal in the following cases:
•In contracts regarding goods or services whose prices change depending on fluctuations in financial markets and which are not under the control of the Seller (e.g. jewelry, ornaments, products in the gold and silver category);
•In contracts regarding the delivery of goods prepared in line with the Buyer’s wishes or clearly his personal
needs, which are not suitable for return due to their nature and are in danger of rapid deterioration or are likely to expire; •
Goods whose protective elements such as packaging, tape, seal, package have been opened after delivery ;
In contracts regarding the delivery of those whose return is not suitable in terms of health and hygiene;
•In contracts regarding goods that are mixed with other products after delivery and cannot be separated due to their nature
;
•In contracts regarding books, audio or video recordings, software programs and computer consumables presented in tangible form, provided that the protective elements such as packaging, tape, seal and package have been opened by the buyer;
•In contracts regarding the delivery of periodicals such as newspapers and magazines, other than those provided within the scope of the subscription agreement; •
In contracts regarding the use of free time for
accommodation, goods transportation, car rental, food and beverage supply and entertainment or recreation purposes, which must be made on a certain date or period ;
•In contracts regarding the performance of services related to betting and lottery;
•In contracts regarding services that started to be performed with the approval of the consumer before the right of withdrawal expires
; and
•In contracts regarding services performed instantly in the electronic environment and intangible goods delivered instantly to the consumer (gift cards, gift vouchers, coupons that replace money and similar).
•Products such as furniture, clothing, jewelry and home accessories that are notified to the customer that they will be produced specifically to order. (After the order is placed, the customer is informed and the decision is left to the customer as there will be no cancellation, return or exchange, it will be personalized and the advertisements are for informational purposes only. If he accepts, the shipment will be provided without return or exchange, or it will be canceled and a refund will be made.
Withdrawal in respect of goods or services excluded from the scope of the Distance Contracts Regulation (foodstuffs, beverages or other daily consumption items delivered to the Buyer’s residence by the Seller’s regular deliveries, and
services in areas such as travel, accommodation, restaurant business, entertainment industry) The right will not be exercised.
10. COMPETENT COURT
In case of disputes regarding this Agreement, Consumer Problems Arbitration Committees in the Buyer’s place of residence are authorized up to the value declared by the Ministry of Customs and Trade every year, and Consumer Courts are
authorized for disputes above the said value.
11. ENFORCEMENT
All articles of this Agreement have been read and accepted by the Buyer and Seller; This Agreement has entered into force as of the date of electronic approval by the Buyer.
Seller: (the seller of the relevant product who exhibits his products and puts them on sale on artparisagallery.com)
Buyer: (The person who purchases the product through the intermediary service of artparisagallery.com and Art Parisa gallery and requests the relevant product)
artparisagallery.com is a marketplace that provides an infrastructure. It does not sell, ship or produce products, but provides intermediary services.
