Distance Sales Agreement

This Pre-Contractual Information Form and Distance Sales Agreement (together, the "Agreement") is drawn up pursuant to Turkish Law No. 6502 on Consumer Protection, Law No. 6563 on the Regulation of Electronic Commerce, and the Regulation on Distance Contracts published in Official Gazette No. 29188 of 27 November 2014.

This English text is a courtesy translation. In the event of any discrepancy, the Turkish text shall prevail.

ARTICLE 1 — PARTIES

1.1. SELLER

1.2. BUYER

(1) The natural or legal person whose name, delivery address, invoice details, telephone number and email address are declared in the order form.

(2) The BUYER declares and undertakes that the information provided at the time of order is accurate and complete, and is liable for any loss arising from incorrect or incomplete information.

ARTICLE 2 — DEFINITIONS

• Law: Law No. 6502 on Consumer Protection.
• Regulation: Regulation on Distance Contracts (Official Gazette 27/11/2014 – 29188).
• Ministry: The Ministry of Trade of the Republic of Türkiye.
• SELLER: The natural person identified in Article 1.1 who supplies goods to consumers within their commercial or professional activity.
• BUYER: The natural or legal person who acquires, uses or benefits from goods for non-commercial and non-professional purposes.
• SITE: The website peckartstudio.com operated by the SELLER.
• GOODS: The tufted wall art, original paintings and handmade objects produced by hand by the SELLER that form the subject of the order.
• PARTIES: The SELLER and the BUYER.
• DURABLE MEDIUM: Any instrument enabling information to be recorded, reproduced unchanged and accessed for a reasonable period appropriate to its purpose.

ARTICLE 3 — SUBJECT AND SCOPE

(1) The subject of this Agreement is the determination of the PARTIES' rights and obligations under the Law and the Regulation regarding the sale and delivery of the GOODS ordered electronically by the BUYER through the SITE, whose characteristics and price are stated below and in the order summary.

(2) By accepting this Agreement the BUYER acknowledges having received the pre-contractual information regarding the GOODS and that confirming the order places them under an obligation to pay.

(3) The Delivery and Returns Terms and the Privacy Policy and Data Protection Notice published on the SITE are integral annexes to this Agreement.

ARTICLE 4 — PRE-CONTRACTUAL INFORMATION

(1) Pursuant to Article 5 of the Regulation, the BUYER acknowledges having been informed, before placing the order, of: the essential characteristics of the GOODS; the SELLER's name and full address; the total price including all taxes; payment and delivery arrangements; the conditions, period and procedure for exercising the right of withdrawal; the contact details for withdrawal notices; the cases in which the right of withdrawal cannot be exercised; and the right to apply to the Consumer Arbitration Committee or the Consumer Court.

(2) Under Article 5(2) of the Regulation, the pre-contractual information forms an integral part of the distance contract and may not be altered unless expressly agreed by the PARTIES.

ARTICLE 5 — THE GOODS AND THE PRICE

(1) The type, dimensions, materials, technique, quantity, total price including all taxes and any delivery costs of the GOODS are set out on the relevant artwork page of the SITE and in the order summary, which form an integral part of this Agreement.

(2) The GOODS are produced by hand, piece by piece. Limited variations in tuft density, surface texture, colour tone and edge finishing inherent to hand production do not constitute a defect within the meaning of Article 8 of the Law. The same applies to differences arising from the colour calibration of display devices.

(3) For GOODS prepared in line with the BUYER's requests or personal requirements, the Custom Order section displays the price as an indicative range. The binding price is the single amount stated in the order summary upon the SELLER's written confirmation.

(4) Prices are in Turkish Lira and exclude shipping, which is shown separately in the order summary. Pursuant to Article 5(3) of the Regulation, no additional cost not disclosed in the order summary may be claimed from the BUYER.

(5) For international deliveries, any customs duties, taxes or charges arising under the law of the destination country are borne by the BUYER.

ARTICLE 6 — PAYMENT

(1) The price is paid by bank transfer to the account stated in the order summary, or by credit/debit card through the secure payment link operated on the infrastructure of a licensed payment institution.

(2) Card details are at no stage viewed, recorded or stored by the SELLER.

(3) For GOODS prepared in line with the BUYER's requests, an advance payment, the rate and amount of which are expressly stated in the order summary, may be required before production begins. The balance is collected once the GOODS are ready and before dispatch.

(4) Where payment is not made or is cancelled by the bank or financial institution for any reason, the SELLER's obligation to deliver ceases.

ARTICLE 7 — DELIVERY

(1) The GOODS are delivered by the SELLER's contracted courier to the delivery address stated by the BUYER.

(2) Pursuant to Article 16 of the Regulation, the SELLER must perform within the period undertaken from the date the order reaches them, which may not in any event exceed thirty days for the sale of goods. For made-to-order GOODS, the anticipated production period is notified to and approved by the BUYER in writing before the order is confirmed.

(3) If the SELLER fails to meet this obligation, the BUYER may terminate the contract. Upon termination the SELLER shall refund all payments collected, including any delivery costs, within fourteen days of the termination notice, together with statutory interest determined under Article 1 of Law No. 3095.

(4) Where performance becomes impossible, the SELLER shall notify the BUYER in writing within three days of becoming aware and refund all payments collected, including any delivery costs, within fourteen days of that notice at the latest.

(5) Detailed provisions on delivery, inspection and damaged consignments are set out in the Delivery and Returns Terms, an annex to this Agreement.

ARTICLE 8 — GENERAL PROVISIONS

(1) The BUYER declares having read and understood the pre-contractual information on the SITE concerning the essential characteristics, the total price including all taxes, and payment and delivery arrangements, and having given the required electronic confirmation.

(2) This Agreement is deemed concluded when it is approved electronically by the BUYER on the SITE and the order is accepted by the SELLER.

(3) The BUYER shall use the GOODS in accordance with their operation, technical specifications and instructions for use. Under Article 13(2) of the Regulation, the BUYER is not liable for changes or deterioration occurring where the GOODS were so used during the withdrawal period.

(4) In cases of force majeure (natural disaster, epidemic, war, strike, decisions of public authorities, infrastructure and communication failures and similar events beyond the PARTIES' control) the SELLER shall notify the BUYER. In such case the BUYER may cancel the order or request postponement until the impediment ceases. Upon cancellation, the full amount paid is refunded within fourteen days.

(5) The BUYER declares being over eighteen years of age and having legal capacity.

ARTICLE 9 — RIGHT OF WITHDRAWAL

(1) Pursuant to Article 9 of the Regulation, the BUYER has the right to withdraw from the contract within fourteen (14) days of receiving the GOODS, without giving any reason and without paying any penalty. The BUYER may also withdraw between conclusion of the contract and delivery.

(2) For GOODS delivered separately under a single order, or consisting of multiple parts, the period starts on the day the BUYER receives the last item or part. Delivery of the GOODS to the carrier by the SELLER is not deemed delivery to the BUYER.

(3) Notice of withdrawal shall be given in writing within the period to the email address stated in Article 1.1 or through the contact form. The Model Withdrawal Form annexed hereto may be used but is not mandatory. The burden of proving timely withdrawal rests with the BUYER.

(4) The SELLER shall refund all payments collected, including any delivery costs, within fourteen days of the withdrawal notice reaching them, in a manner appropriate to the payment instrument used by the BUYER and in a single transaction, without imposing any cost or obligation on the BUYER.

(5) The BUYER shall return the GOODS to the SELLER within ten days of sending the withdrawal notice.

(6) Returns are made through Yurtiçi Kargo, the carrier designated by the SELLER in the pre-contractual information, to Yurtiçi Kargo Dikmen Şubesi, Çankaya / Ankara for collection at the branch. The GOODS are collected from that branch by the SELLER. Pursuant to Article 12(3) of the Regulation, where the return is made through this carrier the BUYER cannot be held liable for return costs; those costs are borne by the SELLER.

(7) Where that carrier has no branch at the BUYER's location, the SELLER shall arrange collection of the GOODS from the BUYER's address without any additional charge.

(8) The GOODS shall be returned in resaleable condition together with their box, packaging and any standard accessories.

ARTICLE 10 — CASES WHERE THE RIGHT OF WITHDRAWAL DOES NOT APPLY

(1) Pursuant to Article 15 of the Regulation, unless otherwise agreed by the parties, the BUYER may not exercise the right of withdrawal in respect of:

• a) goods or services whose price fluctuates with financial market movements outside the seller's control;
• b) goods prepared in line with the consumer's requests or personal requirements;
• c) goods liable to deteriorate rapidly or with an expiry date;
• ç) goods whose protective elements such as packaging, tape, seal or wrapping have been opened after delivery and whose return is not suitable on health or hygiene grounds;
• d) goods which, after delivery, become mixed with other products and cannot by their nature be separated;
• e) books, digital content and computer consumables supplied in tangible form where their protective elements have been opened after delivery;
• f) periodicals such as newspapers and magazines, other than those supplied under a subscription contract;
• g) accommodation, transport of goods, car rental, catering and leisure services to be performed on a specific date or period;
• ğ) services performed instantly in electronic form and intangible goods delivered instantly to the consumer;
• h) services the performance of which has begun with the consumer's approval before the withdrawal period expires.

(2) Paragraph 1(b) is of particular relevance to the SELLER's activity: tufted works, paintings and handmade objects produced specifically to the size, pattern, colour, image or content determined by the BUYER fall within its scope, and the right of withdrawal does not apply to such GOODS. This is separately notified to and confirmed by the BUYER at the custom order step.

(3) GOODS offered ready-made in the gallery section of the SITE, not prepared in line with the BUYER's requests, fall outside paragraph 1(b), and the right of withdrawal under Article 9 applies to them in full.

(4) The inapplicability of the right of withdrawal does not in any way affect the BUYER's statutory remedies for defective goods under Articles 8 et seq. of the Law. Where the GOODS are defective the BUYER may elect to terminate the contract, obtain a price reduction, require free repair, or require replacement with non-defective goods.

ARTICLE 11 — DEFAULT AND ITS CONSEQUENCES

(1) Where the BUYER defaults on payments made by credit card, the BUYER accepts liability towards the issuing bank under the credit card agreement between them.

(2) Where the BUYER defaults on their debt, the BUYER accepts liability for the loss and damage incurred by the SELLER.

ARTICLE 12 — EVIDENCE

(1) In disputes arising from this Agreement, the electronic records, order records, correspondence and system logs kept by the SELLER constitute valid, binding and conclusive evidence within the meaning of Article 193 of the Code of Civil Procedure No. 6100.

ARTICLE 13 — PROTECTION OF PERSONAL DATA

(1) The SELLER processes personal data obtained under this Agreement in accordance with Law No. 6698 on the Protection of Personal Data. Details are set out in the Privacy Policy and Data Protection Notice.

ARTICLE 14 — DISPUTE RESOLUTION

(1) Disputes arising from this Agreement fall within the jurisdiction of the Consumer Arbitration Committees at the BUYER's place of residence or where the consumer transaction took place, up to the monetary limits announced each December by the Ministry, and of the Consumer Courts above those limits.

(2) The BUYER may also submit complaints through the Ministry's e-Government Consumer Complaint System.

ARTICLE 15 — ENTRY INTO FORCE

(1) This Agreement consists of fifteen (15) articles and one (1) annex and enters into force upon being read and accepted electronically by the BUYER on the SITE and the order being confirmed by the SELLER.

(2) A copy is retained on a durable medium in the BUYER's order account and email address.

(3) The invalidity of any provision shall not affect the validity of the remaining provisions.

ANNEX 1 — MODEL WITHDRAWAL FORM

(Complete and return this form only if you wish to withdraw from the contract. Use of this form is not mandatory; withdrawal may also be notified by any other clear statement.)