PARTIES OF THE CONTRACT

1. BUYER

   Name/Surname/ Title:
   Address:
   Telephone:
   E-mail Address:

2. SELLER

   Title:
   Address:
   Telephone:
   Fax:
   E-mail Address: info@studiopotato.co

DEFINITIONS

1. Buyer: Real or legal person who acquires, uses or utilizes the product(s) service for commercial or non-commercial use,
2. Seller: The legal company providing the products to the Buyer,
3. Parties: Seller and Buyer shall together referred to as Parties,
4. Contract: Legal document that defines the transaction between the Buyer and Seller,
5. Ministry: Turkish Ministry of Customs and Trade,
6. Law: Law Nr 6502 on Consumer Protection,
7. Regulation: Regulation nr 29188 of November 27th, 2014 on Distant Sales Contract,
8. Product: All products ordered and purchased from the Website,
9. Website: www.studiopotato.co domain that belongs to Seller.

SUBJECT OF THE CONTRACT

This distant sales Contract subjects the sales and delivery of the products by the Seller, which are ordered and purchased online from the Website by the Buyer, in accordance with the Law and Regulations and the rights and obligations of the Parties in accordance with the Consumer Protection Law and the provisions of the “Regulation on Distance Agreements” published in the Official Gazette.

After the Buyer approves this contract on the Website, the cost and expenses of the Product he / she orders are collected by the payment method chosen by the Buyer. The Buyer is aware of the qualities of the Product subject to this Contract, the sale price, the form of payment, the terms of delivery, the right to withdraw and all other preliminary information, and places an order after confirming that he/she is informed by reading the preliminary information on the Website. The preliminary information form and the invoice on the payment page on the Website are an integral part of this Contract.

In order to conclude this Contract, it must be approved electronically by the Buyer. The Buyer; by confirming this Contact electronically, confirms that he/she has acquired the properties of the Product that is ordered, its price including taxes, payment and delivery information accurately and completely.

PRODUCTS SUBJECT TO THE CONTRACT

1. Products

   The detail of the purchased product(s) is stated below. VAT is included in the price of the products. The currencies of the payment price may vary upon the ordering country as TRY, Euro and US Dollars.
   Payment Type and Plan:
   Consignee/ Recipient:
   Delivery Address:
   Invoice Address:

2. Shipping & Delivery

   1. The Product(s) will be delivered to the address of the Buyer that’s stated above. The Seller isn’t responsible of undelivered packages due to the Buyer’s absence in the address. Therefore, any and all losses and damages due to the late receival of the Product(s) by the Buyer, any delay in the delivery thereof attributable to the cargo company and/or the return of the Product to the Seller shall be solely incurred by the Buyer.
   2. Shipment fee will be paid by the Buyer for orders below 100 Euros. The Buyer can see the corresponding currency in Dollars on the Website.
   3. For any orders placed outside Turkey, Buyer is liable for local taxes and additional expenses (import tax, customs pay on delivery). These taxes and expenses are beyond the knowledge and jurisdiction of the Seller.
   4. Deliveries within Turkey are shipped the following business day of order receival. Orders to other countries will be shipped in maximum 5 business days upon the date of placed order. Delivery time may vary depending on the country or customs process. If the Seller fails to deliver the Product(s) within 30 days, Buyer has the right to terminate the contract.
   5. Buyer has the responsibility to check the package upon arrival. In case of delivery related problems, such as damaged package (crushed, broken, open or ripped package) or wrongly shipped products, the Seller has the right to give the package back to the delivery firm. Seller does not accept used or damaged products that are caused by the Buyer. In other cases, Buyer is responsible for the replacement of the Product(s) with a brand new version within 30 (thirty) business days.
   6. Buyer states that they have provided a contact information where the Seller can reach him/her in case of delivery related issues or returns. The Seller can hold the Product(s) and if the Buyer cannot be reached for 15 business days, the order will be cancelled and payment will be returned to the Buyer.
   7. The parties hereby accept and declare that if BUYER instructs delivery of the Product(s) to a third party, SELLER shall not be liable for the refusal of collection.

3. Payment and Invoice

   1. The Buyer can purchase the Product(s) via credit card and installment transactions. The online payment transactions are held by iyzico. The Buyer’s bank account details are encrypted and they aren’t shared with the Seller.
   2. Installment transaction options will be provided on the Website. The amount and type of installment transactions is also determined between the Buyer and Buyer’s bank. The Seller is not responsible of providing installment details of the Seller’s order after the purchase has been made.
   3. The Seller is obligated to ship the Product(s) only after the payment is received.
   4. Seller makes return payments for the right of withdrawal and return payments are made to the account/card the order is placed.
   5. The invoice prepared with the provided information is shared with the BUYER electronically.
   6. In case the Buyer receives a discount coupon, it can only be used once. In case of multiple uses, the order will be cancelled and the payment will be returned.
   7. In the event BUYER’s bank or financial institution would not transfer the purchase price to SELLER for any reason including illegal and unfair use of credit card occurred beyond SELLER’s knowledge, BUYER accepts and agrees to return the Product(s) within 3 days upon notification of the SELLER and to bear return delivery expenses.

GENERAL CONDITIONS

1. The Buyer hereby declares that he/she has learned the information on the basic properties, sales price of the Product(s), payment type, and the other preliminary information including delivery information from the website, and that he/she has agreed and confirmed such information via the electronic environment.
2. The Buyer shall also be deemed as he/she has agreed that he/she has obtained the information on the basic properties, sales price of the Product(s) in Turkish lira, payment type and delivery information fully and completely with its agreement on the preliminary information via the electronic environment before the execution of the Distance Contract.
3. The Buyer is obliged to pay the total price specified in this Contract over the total order amount for the Product subject to this Contract.
4. The Buyer title and invoice information can belong to the same person or to different people. However, even if it belongs to different persons, the accuracy of all information provided under this Agreement is the responsibility of the Buyer.
5. The Seller may not be held liable for any failure of delivery of the ordered product to the Buyer for any reason whatsoever which is not attributable to the Seller.
6. The Seller is liable for delivery of the Product(s) fully, completely and robustly, including warranty certificates and/or other certificates, if applicable.
7. Buyer accepts and declares that all information that is given related to the contract and of this Agreement is correct. In the event that the information provided by the Buyer is inconsistent or inaccurate, and if the Buyer cannot be reached for confirmation, the Seller has no responsibility and the responsibility belongs to the Buyer.
8. If the relevant bank or financing institution will not pay the price of the Products to the Seller due to any unfair or illegal use of the credit cards, provided such use will not be due to the faults of the Buyer after the delivery of the Products, the Buyer shall return the Product delivered to him/ her to the Seller within 3 days. The shipment fees related to such return shall be borne by the Buyer.
9. The Buyer accepts and declares that all the rights of all Product on the Website of the Seller arising from the Code of Intellectual and Artistic Works belong to the Seller, and that in any way, these rights are not transferred. The Buyer may not copy, duplicate, or offer the product for sale for commercial purposes. Otherwise, it is considered as a violation of the brand right.

RIGHT OF WITHDRAWAL AND PRODUCT REPLACEMENT

1. The Buyer is entitled to use his right of withdrawal from the Contract by denying the products without any legal or penal liability and without any justification therefore within 7 (seven) days from the delivery of the Products to him/ her or his/her designated person/ entity, in the distance sales contracts. For any use of right of withdrawal, it is required to send a notice to the Seller with registered mail with return receipt, or e-mail within 7 days, and the relevant product should not be used as per the provisions of the article 4 of this Contract.Buyer who would like to exercise the right of withdrawal and product replacement is expected to apply the following actions within 7 days:
   • Send an e-mail to order@studiopotato.co and inform the Seller about the Product(s) which right of withdrawal and replacement will be applied to. Upon the email, the Buyer shall receive a return delivery code from Seller.
   • Buyer must return the Product(s) within 7 days after receiving written approval with the product invoice and packaging undamaged, complete and ready for resale to the Seller’s address stated below:
     “Caferaga Mah. Moda Cd. Usakligil Apt. No:108 D:11 34710 Kadikoy / Istanbul – Turkey
2. In the case where the Buyer cannot provide the invoice of the Product(s), the Seller will not be able to take the Product(s) back.
3. If the re-shipped Product(s) are missing, damaged or defected (as stated in article 4 of this Contract) and as a result isn’t suitable for resale, the Seller will not be able take the Product(s) back and provide a return payment.
4. The SELLER, within 10 days from the receipt of the notice of withdrawal, shall deliver the total price and the documents establishing commitment/debt on the Buyer within 10 days and receive the returned products within 20 days.
5. The delivery expenses are covered by the Buyer within the use of the right of withdrawal and product replacement. Any order may not be replaced more than twice (2).
6. The return payments are made to the card the Buyer has used during the purchase. Such payments cannot be returned to third party accounts.

FORCE MAJEURE

If the performance of this Contract or any obligations hereunder is prevented, restricted or interfered with or delayed by reason of including but not limited to acts of God, wars, riots, fire, storm, adverse weather conditions (heavy rain and hail) explosions, strikes, delays for third party service providers, accidents or any acts occurred in consequence of governmental decisions or order or similar occurrence or condition beyond the reasonable control of the parties, the Party so affected shall, upon giving prompt notice to the other party be excused from such performance during such prevention, restriction or interference and any failure or delay resulting therefrom shall not be considered a breach of this Contract.

The Buyer is responsible of informing the Seller with any failure of delivery within the prescribed period due to conditions stated above. In such a case, the Buyer may choose any of the followings: (i) cancel the order, (ii) replace the Product(s) with the equivalent product(s), and/or (iii) postpone the delivery of the Products until the ceasing of the force majeure condition.

PERSONAL DATA USE

Personal data such as name, surname, Turkish ID No/Tax No, address, e-mail, invoicing address, financial data and demographic data can be stored and processed with third-party service providers for the purpose of this Contract and within the scope of Turkish Law no 6698 on Personal Data Protection. Seller does not store any financial data (i.e credit card number) and shall not be liable for the data processed by third-party service providers.

SETTLEMENT OF DISPUTES AND COMPETENT JURISDICTION

The Consumer Arbitration Committees and the Consumer Courts located at the place of the Buyer’s domicile and the purchase place of Products shall settle any dispute between the Parties related to the Contract up to the value as declared by the Ministry of Customs and Trade (TR).

The Seller is entitled to give its complaints and objections to the Consumer Arbitration Committees and the Consumer Courts located at the place of the Seller’s domicile and the purchase place of Product(s) shall settle any dispute between the Parties related to the Contract up to the value as declared by the Ministry of Customs and Trade (TR) in December each year.

DECLARATION OF ACCEPTANCE AND APPROVAL

Buyer accepts and declares that she/he is informed of all written conditions and explanations under the Notification Form, as well as the qualities and all other necessary details of the Product(s) stated, the purchase price, payment type, and that she/he has seen and has been informed of all this information online, has read the content, accepted and ordered the Product(s) online by approving all these conditions and this Contract.

Parties agree and acknowledge that the addresses stated above are their respective legal addresses and notices to such addresses shall be valid. Either Party acknowledges and confirms that if it determines an address other than the above as its legal residence and notification address, it shall inform the other Party about its new address within five (5) days at the latest. On the contrary case, the Seller’s notification sent to the previous address of Buyer shall be deemed to be served duly and in compliance with the laws, the day after Seller sends.

This Agreement, comprising of 10 (ten) articles, has been executed on …/…/… in two (2) copies by the signing of the Parties. The notification form and Product(s)’ invoice are inseparable parts of this Contract.

Buyer, accepts and undertakes that, she/he declared true information to SELLER and fully read this Contract and Notification Form when approving the Contract and placing the order.

This Contract is concluded for commercial purposes.

SELLER:
BUYER:
DATE: