Distance Sales Contract

ARTICLE 1 – PARTIES AND DEFINITIONS

  1. a) Site: The website with the domain name https://zarastro.art
    b) Contract: This Distance Sales Contract
    c) Buyer: Natural persons residing in Turkey who place an order via the Site
    d) Seller: Zarastro Art
    e) Work: Original, unique artworks resulting from intellectual and physical labor and offered for sale on the Site
    f) Parties: The Buyer and the Seller collectively

ARTICLE 2 – SUBJECT OF THE CONTRACT

The subject of this Contract is the determination of the rights and obligations of the Parties pursuant to Law No. 6502 on the Protection of Consumers and the Regulation on Distance Contracts, regarding the sale and delivery of the Work(s) ordered electronically by the Buyer through the Site.

By placing an order, the Buyer is deemed to have read, understood, and accepted all provisions of this Contract.

ARTICLE 3 – MEMBERSHIP CONDITIONS

To place an order on the Site, the Buyer must:

  • Be of legal age
  • Provide accurate, complete, and up-to-date personal information
  • Not be suspended or banned by the Seller
  • Approve this Contract electronically

ARTICLE 4 – DELIVERY AND PERFORMANCE

4.1. Delivery costs are borne by the Buyer unless explicitly stated otherwise by the Seller on the Site.

4.2. The Work is delivered to the address provided by the Buyer. If the Buyer or an authorized recipient is not present at delivery, the Seller is deemed to have fulfilled its obligations in full.

4.3. Any loss, damage, or delay arising from the carrier after dispatch is outside the Seller’s responsibility, without prejudice to the Buyer’s rights in case of proven transit damage reported in accordance with this Contract.

4.4. Delivery is made as soon as reasonably possible following confirmation of payment. The Seller shall inform the Buyer in case of force majeure events affecting delivery.

ARTICLE 5 – BUYER’S OBLIGATIONS

5.1. The Buyer must inspect the Work upon delivery and must not accept delivery if there is visible damage to the packaging or the Work. Acceptance of delivery indicates that no visible damage was detected at the time of delivery.

5.2. The Buyer undertakes to notify the Seller in writing within two (2) business days of delivery if any transit-related damage is discovered after unpacking, together with photographic evidence and original packaging.

5.3. The Buyer acknowledges that subjective reasons including preference, taste, scale, color, texture, or compatibility do not constitute grounds for return or refund.

5.4. The Buyer is responsible for the accuracy of all information provided and for safeguarding account credentials.

ARTICLE 6 – SELLER’S OBLIGATIONS

6.1. The Seller shall deliver the Work in accordance with the specifications stated on the Site and invoice.

6.2. If delivery becomes impossible, the Seller shall inform the Buyer and refund the purchase price within the statutory period, without any additional compensation or liability.

ARTICLE 7 – PRODUCT INFORMATION

The essential characteristics, price, and taxes of the Work are as stated on the Site and invoice, which form an integral part of this Contract.

ARTICLE 8 – PRICE AND PAYMENT

The purchase price is stated on the invoice. Payment must be completed for the Contract to enter into force.

ARTICLE 9 – UNIQUE NATURE OF THE WORKS

9.1. All Works offered for sale are original, unique artworks.

9.2. Due to their non-reproducible nature, inventory availability cannot be guaranteed. In the event that delivery becomes impossible due to prior sale or withdrawal by the rights holder, the purchase price shall be refunded without further liability.

ARTICLE 10 – FORCE MAJEURE

Events beyond the reasonable control of the Parties preventing performance are deemed force majeure. Obligations are suspended for the duration of such events. If force majeure exceeds ten (10) days, either Party may terminate the Contract.

ARTICLE 11 – RIGHT OF WITHDRAWAL AND RETURNS

11.1. Pursuant to Article 15 of the Regulation on Distance Contracts, the right of withdrawal does not apply to original, unique artworks that are not suitable for return due to their nature.

11.2. Accordingly, all sales are final. The Buyer does not have the right to withdraw from the Contract or request a refund after delivery.

11.3. The sole exception is proven damage incurred during transit. In such cases, the Buyer must notify the Seller in writing within two (2) business days of delivery, together with clear photographic evidence and original packaging.

11.4. If transit damage is confirmed, return logistics shall be arranged exclusively by the Seller. The Work must be returned in the condition received.

11.5. No refund shall be issued if the damage is caused by improper handling, storage, installation, or use by the Buyer.

ARTICLE 12 – SECURITY AND PRIVACY

Personal data and payment information are processed in accordance with applicable data protection legislation. Payment information is not stored by the Seller.

ARTICLE 13 – DEFAULT

In case of payment default, the Buyer is responsible for all legal consequences arising under applicable banking and consumer legislation.

ARTICLE 14 – JURISDICTION

Disputes arising from this Contract shall fall under the jurisdiction of Istanbul Courts and Enforcement Offices.

ARTICLE 15 – EFFECTIVENESS

This Contract enters into force upon electronic approval by the Buyer at the time of order. By placing an order, the Buyer declares that they have read, understood, and accepted all provisions of this Contract.

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