1. PARTIES TO THE CONTRACT
1.1. SELLER:
Title: Umut Topuz
Address: Kuloğlu Neighborhood Turnacıbaşı Caddesi. No: 8 K2 / D3 Beyoglu
Website: minigallery.ch
E-mail: umut@umuttopuz.com
Phone. No: +905357898146
1.2. BUYER:
Name and surname :
Telephone:
Address:
Email:
IP Address:
2. SUBJECT OF THE CONTRACT
2.1. Arranged for the sale of collage, painting, framed / unframed paintings, prints and similar works of art produced by the artist.
2.2. This Distance Sales Contract (hereinafter referred to as the ‘contract’) determines the rights and liabilities of the parties with regards to the sale and delivery of the product purchased by the buyer by placing an order electronically from the website minigallery.ch (hereinafter referred to as the ‘website’) belonging to the seller, which has the qualifications written on the website and whose sales price is specified.
2.3. The buyer acknowledges and declares that he/she is informed about the basic characteristics of the product subject to sale, sales price, quantity, payment method, delivery conditions and similar information about the product subject to sale and its cancellation and return conditions, he/she has confirmed this information electronically, and then he/she purchased the product by placing an order.
2.4. The proforma invoice and the clarification text on the Protection of Personal Data on the payment page of the website are the annexes and integral parts of this contract.
3. RIGHTS AND LIABILITIES OF THE PARTIES
3.1. After the payment is made, the seller is obliged to print the product in the printing options within the said delivery date and ship it.
3.2 The buyer is obliged to provide all the information requested from him, such as name, surname, company title, e-mail address, telephone number, address, invoice information in accordance with the law and in an up-to-date, accurate and complete manner.
4. PROVISIONS REGARDING ORDER(S)
4.1. The parties to this contract are the buyer and the seller. In this context, all liabilities and responsibilities regarding the fulfillment of this contract belong to the parties of the contract.
4.2. In order to order the products available on minigallery.ch, the buyer has to enter the information requested on the website.
4.3. The buyer can order the original work of art or a copy of the work he wants to order.
4.4. The buyer accepts in advance that the return conditions will vary depending on whether the ordered product is ready, customized or corporate-specific.
4.5. After the buyer selects the product with all its qualities and completes his preferences, the purchase is completed with the payment.
5. ARTWORK INFORMATION
5.1. When you buy the work, you should know that there are only six in the world, one original and five copies.
5.2. There may be color and tone differences between the original work and the print. Often printed works have more vibrant colors but lack texture and edges of the work, if there are any.
5.3. A signed certificate of the artist will also be sent in the submission of the original work.
6. CANCELLATION AND REFUND CONDITIONS
6.1. In this context, the buyer accepts in advance that the printed content has been specially prepared and that these products cannot be returned.
6.2. The return of the original work can be provided for any damage.
7. DELIVERY OF PRODUCTS AND DELIVERY METHOD
7.1. The products subject to the order will be delivered to the buyer at the address specified by the buyer, unless otherwise stated by the buyer in writing. If a different delivery method is required, it should be notified within 4 hours after the order is placed by contacting umut@umuttopuz.com.
7.2. Delivery within Turkey is free. For international shipments, the shipping cost is calculated automatically according to the size of the deliverred product. However, the Seller does not make any commitment regarding the delivery fee.
7.3. If the original artwork is ordered, it will be shipped within two (2) business days. Printed products will be shipped within seven (7) business days at the latest, depending on the production time.
7.5. The buyer is responsible for damage control during the delivery of the ordered products. Except for the damage caused by the carrier making the delivery, if there is an abnormal situation such as damage, dents, wetness that can be noticed without opening the package; The buyer should request the delivery person to prepare a report.
7.6. All costs incurred in cases where the shipped product is not received by the buyer belongs to the buyer.
7.7. If requested by the buyer, the products can be received by hand from the above-mentioned address of the seller, with prior notice.
7.8. All works are delivered by UPS cargo.
7.9. We are not responsible for delivery delays caused by manufacturers, third parties or force majeure. If you do not accept the delivery or do not receive it and send it back to us, all shipping and incurred additional costs will be borne by the buyer.
7.10. After the buyer approves the order, the work subject to the order is delivered to the address within 30 (thirty) days at the latest.
8. PROVISIONS ON PRICES
8.1. The price of the products ordered from the website by the buyer are specified on the website and in the invoice content sent to the buyer. Unless otherwise stated, prices do not include VAT.
8.2. The shipping price is calculated according to the region to be sent by the website software and included in the invoice
8.3. VAT is 0% for products ordered from outside Turkey.
8.4. Prices are in the European currency Euro (€).
9. SELLER’S DECLARATIONS AND CONDITIONS WITHOUT RESPONSIBILITY
9.1. The seller reserves the right to make changes on the prices on the website at any time without any further notification.
9.2. The seller cannot be held responsible if the relevant work is not exactly the same with the colors that appear on the computer, phone or tablet screens while creating the order. There may be color, tone and texture differences in varying proportions in printed products and original products. The buyer accepts this in advance.
9.3. The seller acknowledges that some printed products are not suitable for outdoor use, will not be exposed to sun or moisture, and that some printed products must be kept in appropriate storage conditions.
9.4. As a result of breach of contract, tort, negligence or other reasons; the seller does not accept any responsibility for interruption of the transaction, error, negligence, interruption, deletion, loss, delay of the transaction or communication, computer virus, communication error, theft, destruction or unauthorized entry, change or use of the records.
10. FORCE MAJEURE
10.1. Situations that do not exist at the date of conclusion of the contract and develop out of the seller’s control, which make it impossible for the seller to fulfill the obligations and responsibilities imposed by the contract partially or completely or to fulfill them on time, are accepted as force majeure (any kind of natural disaster, terrorism, uprising, epidemic, change in legislation provisions, seizure, strike, lockout, significant malfunction in production and communication facilities, widespread and / or continuous electricity and / or internet outages, etc.)
10.2. In the event of force majeure, the seller may avoid unilaterally fulfilling the actions undertaken by this contract by refunding the price paid and without compensation.
10.3. If the force majeure lasts more than 45 (forty five) days, the buyer may terminate this contract and request the refund of the amount paid.
11. APPLICABLE LAW AND PLACE OF JURISDICTION
11.1. In accordance with the 193rd article of the Civil Procedure Law numbered 6100, the parties accept that in any dispute arising / may arise between them, the seller’s commercial books, records and documents, computer, fax records, microfilms, e-mail correspondence shall be considered as definitive evidence.
11.2. This agreement has been drawn up and approved electronically between the parties before the buyer makes the payment.
11.3. Istanbul Courts are responsible for the resolution of any dispute arising from this contract.
12. COPYRIGHT
12.1. The copyright of all works belongs to the artist (Umut Topuz).
12.2. The work may not be reproduced in any way, or used for commercial purposes (even partially).
12.3. If the work is used for commercial purposes, Umut Topuz should be informed and included if necessary.
12.4. The copyright law applies regulations of Europe and Turkey.