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Distance Lease Agreement

DISTANCE LEASE AGREEMENT

The parties to this Distance Lease Agreement (the “Agreement”) are as follows:

1. As Lessor (“MOHA”)

Title: Beril Çiçek İç Mimarlık Tasarım Danışmanlık Anonim Şirketi

Tax ID Number: [●]

Address: [●]

Email Address: [●]

2. As User (“User”)

Name and Surname / Title: [●]

Turkish ID Number / Tax ID Number: [●]

Postal Address: [●]

Phone Number: [●]

Email Address: [●]

Invoice Information

Name and Surname / Title: [●]

Tax ID Number: [●]

Tax Office: [●]

Postal Address: [●]

Email Address: [●]

The invoice will be delivered during the order delivery.

Article 1. Leased Work(s) and Price

The main characteristics of the artwork(s) subject to the Agreement, such as type, condition, and form, as well as the lease price, are specified below. The work(s) listed below constitute the subject of this Agreement (the “Work/Works”).

Work Name	Lease Period	Type	Condition	Value of the Work	MOHA Work Code
	[12 months]

The prices listed and advertised on the website are monthly lease amounts. Advertised prices and promises are valid until updated and changed. Prices advertised for a limited period are valid until the end of the specified period. Prices include value-added tax.

Article 2. Subject of the Agreement

This Agreement regulates the rights and obligations of the parties regarding the characteristics, lease price, payment terms, and delivery of the electronic Work/Works ordered by the User electronically through the website www.museumofhouseart.com.

Article 3. Matters on which the User was Informed in Advance

The User acknowledges that they have reviewed the information contained on the website www.museumofhouseart.com and in the Pre-Information Form before the conclusion of the Agreement and the commencement of the lease relationship, and that they are aware of the following matters:

Basic characteristics of the Work/Works subject to the Agreement,
Commercial title and information of MOHA,
Contact information enabling them to contact MOHA,
Contact information necessary to submit complaints regarding the Work/Works leased under the Agreement,
Total lease price of the Work/Works including all taxes, and information on all shipping, delivery, and similar additional costs, if any,
Additional cost imposed on consumers in cases where the cost of using the remote communication tool cannot be calculated based on the usual tariff during the conclusion of the Agreement,
Information regarding payment, delivery, performance, and related commitments, and MOHA's dispute resolution methods,
Information on when the right of withdrawal cannot be exercised, or under what conditions the consumer will lose their right of withdrawal,
Deposits or other financial guarantees that the User must pay or provide upon MOHA's request, and the terms thereof,
Information that consumers can apply to the Consumer Court or Consumer Arbitration Committee for disputes.

Article 4. Right of Withdrawal

The User acknowledges, declares, and undertakes that the Agreement concerning the Work/Works falls within the scope of the exceptions under Article 15 of the Regulation on Distance Contracts, published in the Official Gazette dated November 27, 2014, and numbered 29188 (especially due to the fluctuation of artwork prices in financial markets and other factors beyond MOHA's control, and the opening of artwork packaging), and therefore cannot exercise the right of withdrawal.

Article 5. Commencement of Lease Period, Lease Terms, and Payment Method

The first monthly lease amount is collected from the User on the date the order is placed. Monthly lease payments are made on the same calendar day of the month following the calendar day the order was placed.

Lease amounts are collected monthly from the credit card provided by the User. The User declares that the credit card information provided for payment is correct, and that the credit card is assigned for their use or that they are authorized to use it. The responsibility arising from unauthorized use of the credit card is subject to the User and the relevant banking legislation.

Payment security is ensured through 3D Secure or similar security protocols via the infrastructure of the relevant Bank and/or Intermediary Payment Institution (Iyzico, Stripe, Param, etc.). MOHA does not store the User's credit card information on its systems.

The lease period begins on the date the Work/Works are received by the User. The lease period is determined by the Agreement and divided into monthly terms. Unless expressly stated otherwise in the Agreement, the term of the Agreement cannot be shortened. The same calendar day of the month following the calendar day the lease period began constitutes a one-month lease term.

The Agreement for the relevant Work/Works will remain in effect for the specified lease period and will terminate at the end of the lease period. Returns will be made within 5 calendar days after the specified lease period for the relevant Work/Works expires. For returns not made on time, MOHA is entitled to the full lease amount for the new lease period. For the return process, the Work/Works must be delivered complete and undamaged, along with its box, packaging, and accessories, if any.

Article 6. Identity Verification and Order Confirmation

The offer of works by MOHA on the website is an invitation to treat, the User's creation of an order is an offer, and MOHA's confirmation of the order is an acceptance. For the Agreement to be established, the User must place an order, and the order must be confirmed by MOHA.

If an order is placed by the User, the first monthly lease fee for the ordered Work/Works will be collected from the specified credit card. When the first monthly lease fee is charged from the User's credit card, the order process is completed for MOHA's confirmation.

For the order to be confirmed by MOHA, the User may need to complete the identity verification step. MOHA may request a copy of the User's identity document and a photograph of the User with their identity document to verify the User's identity. MOHA may request additional information and documents during identity verification. The User is obliged to provide the information, documents, and images requested by MOHA in a readable, understandable, and MOHA-compliant manner. After the information requested for identity verification is submitted by the User, MOHA begins identity verification procedures and order confirmation assessment. For order confirmation to be granted:

Completion of photo ID verification;
Payment must be made with a credit card with an expiration date at least 6 months after the selected lease period;
The User's Findeks Report score must be within the positive score limits approved by MOHA, or MOHA must approve the User's creditworthiness; and
The ordered Work/Works must be available for supply;

are required. The Agreement is concluded after the order is confirmed by MOHA. MOHA has full discretion in confirming the order and reserves the right to proceed without implementing identity verification and other procedures.

Article 7. Failure to Perform Identity Verification and / or Unconfirmed Orders

Orders may be cancelled if the documents requested for identity verification are not submitted by the User within forty-eight (48) hours, or if the order is not confirmed by MOHA, or if immediate collection from the credit card cannot be made.

If the order is cancelled, MOHA will not charge any transaction fee. If any amounts have been collected from the User within the scope of the order, they will be refunded within a maximum of seven (7) business days in a manner suitable for the payment instrument.

Article 8. Delivery

Within seven (7) business days following MOHA's confirmation of the order, the Work/Works are delivered to the contracted cargo or courier company for shipment to the User.

Delivery will be made to the address provided by the User, either by contracted courier companies or to the nearest branch of the contracted cargo company or to the address the User presented during the order. MOHA may request that the Work/Works be received only by the User upon presentation of identification. Valid identification documents include a national ID card, driver's license, or passport. Other identification documents may not be accepted by the courier or cargo company during delivery. All costs related to courier, cargo, and other delivery methods are borne by the User. Failure of the User to pay the relevant costs will be considered a breach of the Agreement, and the provisions on breach and termination will apply. Additionally, MOHA reserves the right to charge the lease fee, including shipping, and any other amounts due from the User's registered credit card.

The Work/Works are sent to the User as is. Unless expressly stated otherwise during the order, the Work/Works are sent without accessories, frames, etc.

The necessary information for downloading videos, GIFs, and all digital artworks is sent to the User via email. The videos, GIFs, and all digital artworks sent to the User via link will be watermark-free.

For Digital Installation works requiring technical setup, the User is contacted, and a joint installation schedule is created.

The User can only use the Work/Works at the address specified as the delivery address. In the event that the Work/Works are moved to an address other than the specified delivery address or used at another location, the User will be responsible for any damages, expenses, and taxes incurred, and in this context, the User will compensate MOHA, the artist, or third parties for any damages that may arise.

Article 9. Reporting Damages

The User is obliged to open and inspect the Work/Works in front of the delivery company official, and if any damage is observed or assessed, to prepare a report with the company official. The same provision will apply in cases where the User picks up the Work from the address indicated by MOHA. In these situations, the User will not accept the delivery of the Work/Works. In any case where the User receives the Work, it is assumed that the Work was received undamaged, clean, and in perfect condition.

Article 10. Modification of Works

The User cannot make changes to the Work/Works, alter its content, interfere with it in any way, or, in the event of damage or malfunction, cannot intervene in these damages themselves or request third parties to make such interventions. Any damage that may occur to the Work/Works as a result of the User's interventions under this article will be claimed from the User. In such a case, the provisions of Article 12 will apply.

Article 11. Prohibition of Subleasing, Assignment, and Endorsement

The User may not sublease the Work/Works, assign or endorse the Agreement. The User may not take the Work/Works to an address other than the delivery address or use it at such an address. The User is obligated to maintain direct possession of the Work/Works throughout the term of the Agreement. In case of a breach of this obligation, MOHA has the right to unilaterally terminate the Agreement. If the Agreement is terminated for this reason, the provisions of Article 16 of the Agreement will apply.

Article 12. Defect, Damage Notification, Repair, and User's Responsibilities

The User shall immediately notify MOHA in writing via email at destek@museumofhouseart.com in the event of damage, theft, loss, or any other spoilage of the Work/Works. The User is obliged to provide all information requested by MOHA regarding the damage and spoilage.

Damage assessment and repair for damages to the Work/Works will only be carried out at service points determined by MOHA. After the User informs MOHA about the damage, MOHA will direct the User to the nearest determined service point or request the Work/Works to be sent to MOHA. The User is obliged to deliver the Work/Works to the service providers determined by MOHA or to MOHA, in accordance with MOHA's instructions.

The authorized service point determined by MOHA will assess the damage to the Work/Works and determine whether the work can be repaired. The costs of repairing the determined damages will be borne by the User.

In cases where the Work/Works are damaged beyond repair or if repair costs exceed the cost of the work, the provisions of Article 13 (Loss) will apply. In the event of any damage, repair, or loss, or if the User has any payment or compensation obligation under this Agreement; MOHA will be able to automatically charge the User's registered credit card, and in this context, all necessary permissions and authority have been granted to MOHA by the User.

Article 13. Loss

In situations where the Work/Works, at MOHA's sole discretion:

are stolen, lost, or otherwise spoiled;
cannot be presented by the User for repair; or
cannot be used by MOHA in its operations due to other fault of the User;

(together, “Loss Events”) it is essential that the Agreement for the relevant Work/Works be terminated, and three (3) times the Work Price of the relevant Work/Works, as indicated in the table in Article 1, be collected from the User as a penalty clause. This penalty clause is a penalty that replaces performance and is independent of the User's fault or the parties' knowledge. The parties declare, acknowledge, and undertake that this penalty clause is not excessive and is a fair, reasonable, and equitable amount to also cover price increases due to the nature of artworks being subject to price fluctuations and the inflationary economic environment.

Article 14. Payment of Monthly Lease Fees and Other Collections

Monthly lease payments are due on the same calendar day of the month following the calendar day the order was placed. MOHA collects monthly lease fees and all other collections from the credit card provided by the User. The User is obliged to keep the credit card information in MOHA's records up-to-date, keep the relevant credit card open for collections to be made by MOHA, and maintain a sufficient financial limit on the credit card to be charged.

If any of the monthly lease fees specified in the Agreement cannot be collected from the credit card provided by the User, the User shall immediately take the necessary steps, including but not limited to providing different credit card information for the payment of the monthly lease fee, to make the payment.

MOHA will apply interest on overdue lease fees, penalty payments, and any other receivables at a rate not less than twenty-four percent (24%) annually, and three times the legal interest rate determined in Law No. 3095 on Legal Interest and Default Interest.

Article 15. Early Termination of the Agreement

The Agreement cannot be terminated by the User before its term.

Article 16. Termination of the Agreement by MOHA

MOHA may terminate the Agreement:

If the Work/Works cannot be delivered to the User or if the Work/Works are not received by the User from the designated cargo branch within the specified period;
Due to the User's actions contrary to the Membership Agreement or the provisions of the Agreement;
If any of the Work/Works are not used carefully, in accordance with their purpose of use, operation, features, and maintenance;
If any of the Work/Works are intentionally damaged or used in a manner contrary to the provisions of the Agreement;
If any of the Work/Works are subject to attachment or seizure;
If there is an allegation that any of the Work/Works have been used for committing a crime or for the purpose of committing a crime within the scope of an investigation where the User is in a suspicious position or a prosecution where they are a defendant;
If the User fails to pay the due monthly lease fee for any of the Work/Works;
Upon the expiration of the Lease Period; or
If any other agreement concluded between the User and MOHA for the lease of other Work/Works is breached and/or terminated;

immediately without any notice period.

Article 17. Return of Work/Works

The User:

Where the Agreement is terminated by MOHA, or
Where the lease period of any Work has expired,

is obliged to return and send back the relevant Work/Works to MOHA within five (5) days from the date of termination notice or the expiry date of the period, as they were received and as stated in this Agreement, without the need for a written notification from MOHA regarding the return. Notifications will be sent via email to destek@museumofhouseart.com.

The User is obliged to send back the Work/Works to MOHA within five (5) calendar days after the lease period of the relevant Work expires. For Work/Works not sent back within the period, the monthly lease fee will continue to be charged until the Agreement is terminated by MOHA. All shipping, transportation, etc. expenses are borne by the User.

If the User breaches the obligation to return the Work/Works on time when the Agreement is terminated by MOHA or expires for another reason, it is essential that three (3) times the Work Price of the relevant Work/Works, as indicated in the table in Article 1, be collected from the User as a penalty clause. This penalty clause is a penalty that replaces performance and is independent of the User's fault or the parties' knowledge. The parties declare, acknowledge, and undertake that this penalty clause is not excessive and is a fair, reasonable, and equitable amount to also cover price increases due to the nature of artworks being subject to price fluctuations and the inflationary economic environment.

MOHA reserves the right to file a complaint with the Chief Public Prosecutor's Offices against the User for crimes corresponding to the User's actions regarding Work/Works not returned on time.

Article 18. User's Fundamental Responsibilities in the Return of Work/Works

The User is obliged to return the Work/Works in the condition they were received, within the period specified in the Agreement, upon the expiration or termination of the Agreement. Damages and deficiencies will be processed according to the repair provisions contained in the Agreement.

The User must return the same Work/Works that were leased. The serial numbers of the leased Work/Works and other identifying marks and registration numbers will be checked. The return of Work/Works with intentionally erased serial numbers will not be accepted and will be processed according to the loss conditions contained in the Agreement.

The User is obliged to deliver the Work/Works complete and undamaged, with their box, packaging, and accessories, for the return process. For Works delivered without complying with this, it is essential that the full Work Price of the relevant Work/Works, as indicated in the table in Article 1, be collected from the User as a penalty clause. This penalty clause is a penalty that replaces performance and is independent of the User's fault or the parties' knowledge. The parties declare, acknowledge, and undertake that this penalty clause is not excessive and is a fair, reasonable, and equitable amount to also cover price increases due to the nature of artworks being subject to price fluctuations and the inflationary economic environment.

Article 19. Failure to Supply Work/Works

MOHA may supply the Work/Works ordered by the User after the collection of the first monthly lease fee. If MOHA is unable to supply the Work/Works subject to the Agreement, it will notify the User within three (3) business days from the date it learns of this situation and may cancel the order, and the fee paid by the User will be refunded.

Article 20. Refunds

In cases where the order is cancelled, instructions are given to the relevant institutions to refund the refundable amounts within a maximum of seven (7) business days, in a manner suitable for the payment instrument used by the User for the lease fee of the Work/Works. The reflection of the refunded amount in the User's accounts after the bank refund process is related to bank processing times and is not MOHA's responsibility.

MOHA reserves its rights of offset, deduction, and reduction arising from the Agreement and the law over the amount to be refunded.

Article 21. Pre-Information and Copy of the Agreement

The pre-information and the Agreement are sent to the email address provided by the User after their acceptance, and these can be reviewed by the User at any time.

Article 22. Agreement on Evidence

All records, including magnetic records such as MOHA's computer or voice recordings, constitute conclusive evidence in the resolution of any disputes that may arise from or in connection with this Agreement or its implementation.

Article 23. Written Notifications

All notifications to be made by MOHA, including warnings, admonitions, and termination notices, will be made in writing to the email address provided by the User to MOHA during membership and included in this Agreement. The User acknowledges and declares that notifications made to the relevant email address are valid and sufficient.

Article 24. Dispute Resolution Authority

If the User is a natural person consumer acting for non-commercial or non-professional purposes, in any dispute arising from the application of the Agreement, within the monetary limits determined by the Ministry of Trade each December;

For disputes below 186,000.00 TL (One Hundred Eighty-Six Thousand Turkish Liras); the Consumer Arbitration Committees at the Buyer's place of residence or where the consumer transaction was made,
For disputes of 186,000.00 TL (One Hundred Eighty-Six Thousand Turkish Liras) and above; it is mandatory to apply to the Mediation institution, which is a condition precedent for litigation under Law No. 6325 on Mediation in Legal Disputes, and if an agreement is not reached, the Consumer Courts are authorized.

If the User is a natural or legal person acting for commercial or professional purposes, Istanbul (Çağlayan) Courts and Enforcement Offices have exclusive jurisdiction over disputes between the parties.

Article 25. Effectiveness

When the User makes the payment for their order, they are deemed to have read the Pre-Information Form and accepted all the terms of the Agreement. The Agreement is deemed concluded when the User's order is confirmed by MOHA.

Article 26. Severability

If more than one Work is processed and confirmed in a single order from the User, the Agreement will be severable for each Work. In the event that more than one Work is leased with a single confirmed order, the termination or expiration of one Work's lease will not affect the other Work/Works.

Article 27. Nature of the User and Relevant Agreement Provisions

Regarding the lease transaction made by the User under the Agreement;

if the User is a natural person consumer acting for non-commercial or non-professional purposes, all provisions of the Agreement;
if the User is a natural person or legal entity acting for commercial or professional purposes, all provisions of the Agreement except Articles 3 and 4;

will be valid and applicable.