Distance Sales Agreement
The parties to this Distance Sales Agreement ("Agreement") are as follows:
1. As Seller ("MOHA")
Title: Beril Çiçek İç Mimarlık Tasarım Danışmanlık Anonim Şirketi
Tax ID: 1650585634
Address: HUZUR MAH CENDERE CAD SKYLAND B BLOK NO 151 SARIYER İSTANBUL
Email: info@museumofhouseart.com
2. As Buyer ("Buyer")
Name and Surname / Title: [●]
Turkish ID No. / Tax ID: [●]
Postal Address: [●]
Phone Number: [●]
Email: [●]
Billing Information
Name and Surname / Title: [●]
Tax ID: [●]
Tax Office: [●]
Postal Address: [●]
The invoice will be delivered during order delivery or as an e-invoice.
Article 1. Artwork(s) to be Purchased and Price
The fundamental characteristics, such as the type, condition, and form, of the artwork(s) subject to the Agreement, along with the sales price, are as stated below. The artwork(s) listed below constitute the subject matter of this Agreement ("Artwork(s)").
|
Artwork Name |
Type |
Condition |
Artist |
Sale Price |
MOHA Artwork Code |
|---|---|---|---|---|---|
The prices listed and advertised on the website are sales amounts. Prices include Value Added Tax (VAT) unless otherwise stated.
The Buyer acknowledges that the product purchased is an "artwork" and not a manufactured product. The Buyer explicitly accepts that there may be color tone differences between the Artwork colors displayed on the website or digital screens and the original physical colors of the Artwork, due to screen calibration, lighting, and photography techniques. Such tone differences cannot be considered a "defective product."
MOHA guarantees that the sold Artwork is original and was obtained directly from the Artist or their legal representative, and that the Artwork is not a counterfeit or copy. Editions or prints of existing works, if sold by MOHA with this description, will also be considered original in this sense.
Article 2. Subject of the Agreement
This Agreement regulates the rights and obligations of the parties regarding the sale, payment terms, delivery, and transfer of ownership of the Artwork(s) ordered electronically by the Buyer through the website www.museumofhouseart.com, in accordance with the provisions of Law No. 6502 on Consumer Protection and the Distance Contracts Regulation.
Article 3. Matters Previously Informed to the Buyer
The Buyer acknowledges that they have been informed about the following matters on the website and in the Pre-Information Form before the conclusion of the Agreement:
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Basic characteristics of the Artwork(s) subject to the Agreement and the total sale price, including all shipping, delivery, and similar additional costs, if any,
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MOHA's commercial title and information,
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Contact information enabling communication with MOHA,
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Information regarding payment, delivery, and performance, along with commitments related thereto, and MOHA's dispute resolution methods for complaints,
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Information on when the right of withdrawal cannot be exercised by the consumer or under what conditions the consumer loses the right of withdrawal,
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Deposits or other financial guarantees required to be paid or provided by the Buyer upon MOHA's request, and the terms related thereto,
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Information that consumers can apply to the Consumer Arbitration Committee or Consumer Courts for disputes.
Article 4. Right of Withdrawal
The Buyer acknowledges that the purchased Artwork(s) may be considered within the scope of "goods or services whose price changes depending on fluctuations in financial markets and are not under the control of the seller" pursuant to Article 15(a) of the Distance Contracts Regulation; and that due to its nature as an artwork, its originality/value is at risk once its packaging is opened. Therefore, the Buyer accepts, declares, and undertakes that they cannot exercise the right of withdrawal under this Agreement.
Article 5. Payment Method
The Buyer agrees to pay the sales price of the Artwork(s) subject to the Agreement in advance by credit card through the website during the order confirmation phase.
Payments are made using credit card, debit card, or other virtual POS methods offered on the website. The order amount is blocked or directly collected from the Buyer's card during the transaction.
The Buyer declares that the credit card information used during payment is accurate and that they are authorized to use this credit card. Responsibility arising from unauthorized use of the credit card is subject to the Buyer and relevant banking regulations.
Payment security is ensured through 3D Secure or similar security protocols via the infrastructure of the relevant Bank and/or Intermediate Payment Institution (Iyzico, Stripe, Param, etc.). MOHA does not store the Buyer's credit card information on its systems.
Article 6. Order Confirmation and Delivery
For the establishment of the Agreement, the order must be placed by the Buyer, payment must be made in accordance with the procedure in Article 5, and the order must be confirmed by MOHA.
MOHA delivers the Artwork(s) to the contracted cargo or courier company within seven (7) business days following order confirmation, for delivery to the Buyer.
Delivery will be made to the address provided by the Buyer, either by contracted courier companies to the specified address or to the nearest branch of the contracted cargo company, or to the address the Buyer submitted during the order. MOHA may request that the Artwork(s) only be received by the Buyer upon presentation of identification. Valid identification documents include a national identity card, driver's license, or passport. Other forms of identification 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 Buyer. Failure of the Buyer to pay the relevant costs shall be deemed a breach of the Agreement, and breach and termination provisions shall apply. Furthermore, MOHA reserves the right to charge any payable amount, including shipping, from the credit card registered in the Buyer's system.
The Artwork(s) are sent to the Buyer as is. Unless explicitly stated during the order, the Artwork(s) are sent without accessories, frames, etc.
The necessary information for downloading videos, GIFs, and all digital artworks is sent to the Buyer via email. Video, GIF, and all digital artworks sent to the Buyer via a link will be sent without a watermark.
For Digital Installation artworks requiring technical setup, the Buyer will be contacted, and a common installation schedule will be created.
The risk of damage during the process from the Artwork being shipped until its delivery to the Buyer is covered by the carrier company's insurance, provided that insured shipping is used. However, the risk of damage, loss, and accident passes entirely to the Buyer from the moment the Artwork is delivered to the Buyer (or the person specified by them).
Article 7. Reporting Damages
The Buyer is obliged to open and inspect the Artwork(s) in the presence of the delivery company official and to prepare a report with the company official if any damage is observed or assessed. The same provision shall apply in cases where the Buyer picks up the Artwork from the address indicated by MOHA. In such cases, the Buyer shall not accept delivery of the Artwork(s). In all cases where the Buyer accepts delivery of the Artwork, it is assumed that the Artwork was received undamaged, clean, and flawless.
Article 8. Transfer of Ownership
Upon full and complete payment of the sales price (and shipping fee, if any) in the manner specified in Article 5 and delivery of the Artwork to the Buyer, ownership rights over the Artwork pass from MOHA (or the rights holder it acts on behalf of) to the Buyer.
Article 9. Intellectual Property Rights
The right transferred to the Buyer under this Agreement is solely the "physical ownership" of the Artwork. No financial or moral rights, including processing, reproduction, distribution, representation, and transmission to the public by means of signs, sound, and/or images (Copyrights) arising from the Law on Intellectual and Artistic Works (FSEK) concerning the Artwork, have been transferred to the Buyer. These rights belong exclusively to the owner of the Artwork (Artist) or, if authorized, to MOHA.
The Buyer may not:
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Use photographs of the Artwork for commercial purposes,
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Produce digital or physical copies of the Artwork,
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Create commercial products (merchandise) such as posters, postcards, clothing, etc., using the visual of the Artwork,
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Make any changes (processing) to the Artwork.
Even if the Buyer is the physical owner of the Artwork, they cannot create "Non-Fungible Tokens" (NFTs) or similar crypto assets using the visual or digital copy of the Artwork, nor can they offer them for sale on any platform (mint them).
The Buyer has the right to "display" the Artwork only in their personal residence, office, or non-commercial private spaces. Display of the Artwork in commercial exhibitions with entry fees or in public spaces may be subject to the written permission of the Artwork owner (or MOHA).
The Buyer may share photos showing the Artwork on social media accounts to announce the purchase of the Artwork or to showcase the decor of a space, provided that no commercial income is generated (no advertising/sponsorship intent). However, these shares cannot constitute the distribution of a high-resolution digital copy of the Artwork.
The Buyer acknowledges that, in the event of future sale of the Artwork to a third party, the artist (or their heirs) may have a "resale right" to a share of the sale price in accordance with FSEK and relevant regulations, and in such case, the legal obligations will fall upon them.
Article 10. Storage and Preservation Responsibility
After receiving the Artwork, the Buyer is obliged to store it under conditions appropriate to its nature (away from direct sunlight, excessive humidity, heat sources, etc.). MOHA cannot be held responsible for deterioration, fading, or deformation that may occur after the delivery of the Artwork due to environmental conditions (humidity, heat, light, etc.) or user error (use of chemicals during cleaning, dropping, etc.).
The Buyer undertakes not to intentionally destroy, damage, or alter the Artwork. In the event that the Artwork is damaged over time or requires restoration, the Buyer is obliged to consult the Artist through MOHA before undertaking any intervention. The Artist has the right to personally perform or supervise the repair of the Artwork.
Article 11. Inability to Supply Artwork(s)
If MOHA is unable to supply the Artwork(s) ordered by the Buyer, it shall inform the Buyer within three (3) business days from the date it learns of this situation, and may cancel the order, whereupon the fee paid by the Buyer will be refunded.
Article 12. Refunds
In cases where the order is cancelled, instructions will be given to the relevant institutions for the refund of the amounts due within a maximum of seven (7) business days, in a manner appropriate to the payment instrument used by the Buyer for the Artwork(s) sale price. The reflection of the refunded amount in the Buyer's accounts after the refund process to the bank is related to the bank's transaction processes and is not the responsibility of MOHA.
Article 13. Pre-Information and Copy of Agreement
The pre-information and the Agreement are sent to the email address provided by the Buyer after their acceptance, and these can be reviewed by the Buyer at any time.
Article 14. Evidence Agreement
All records, including those kept in magnetic media such as MOHA's computer or audio recordings, shall constitute definitive evidence in the resolution of any disputes arising from this Agreement or its implementation.
Article 15. Written Notifications
Any notifications to be made by MOHA, including warnings, notices, and termination notifications, shall be made in writing to the email address provided by the Buyer to MOHA during membership and included in this Agreement. The Buyer accepts and declares that notifications made to the relevant email address are valid and sufficient.
Article 16. Dispute Resolution Authority
If the Buyer is a natural person consumer acting for non-commercial or non-professional purposes, in any disputes arising from the implementation of the Agreement, within the monetary limits determined annually by the Ministry of Trade;
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For disputes below 186,000.00 TL (One Hundred Eighty-Six Thousand Turkish Lira); the Consumer Arbitration Committees at the Buyer's place of residence or where the consumer transaction was conducted,
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For disputes of 186,000.00 TL (One Hundred Eighty-Six Thousand Turkish Lira) and above; it is mandatory to apply to the Mediation institution, which is a condition 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 Buyer is a real or legal person acting for commercial or professional purposes, Istanbul (Çağlayan) Courts and Enforcement Offices shall have exclusive jurisdiction over disputes between the parties.
Article 17. Effectiveness
When the Buyer completes the payment for their order, they are deemed to have read the Pre-Information Form and accepted all terms of the Agreement. The Agreement is deemed to have been concluded upon MOHA's confirmation of the Buyer's order.
Article 18. Severability
If more than one Artwork is processed and confirmed in a single order by the Buyer, the Agreement shall be severable for each Artwork. In the event of purchasing multiple Artworks with a single confirmed order, termination or expiration regarding the sale of one Artwork shall not affect the other Artwork(s).
Article 19. Buyer's Status and Relevant Contract Provisions
Regarding the rental transaction made by the Buyer under the Agreement;
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If the Buyer is a natural person consumer acting for non-commercial or non-professional purposes, all provisions of the Agreement shall apply;
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If the Buyer is a real or legal person acting for commercial or professional purposes, all provisions of the Agreement shall apply, except for Articles 3 and 4;
shall be valid and applicable.