TERMS AND CONDITIONS

Welcome to WOOL AND CANVAS ART!
It is a set of conditions based on the regulation published in the Official PAPER dated 27 November 2014 and numbered 29188 of the Ministry of Customs and Trade, and is accepted as a valid contract between the BUYER and the SELLER.

PARTIES TO THE CONTRACT

Included in this agreement;
WEBSITE : woolandcanvasart.com

E-MAIL: [email protected]

ADDRESS: Esenboğa Merkez Mah. Ulubatlı Hasan Cad. No:2 D:8 Çubuk/ANKARA/TURKİYE
SELLER : ASLIHAN EVERDİ TUTAY (Tax Id. Number: 3820325833)
BUYER : Person Who Purchases the Product from the Website
PRODUCT : Sold on the Website and Specified in the Order Form
Goods in quantity and quality are understandable.

SUBJECT OF THE CONTRACT

2. The subject of this contract is about the order form filled in electronically by the BUYER, which specifies the features, quality-quantity, sales price, collection method-conditions of the sales price and sales date regarding the PRODUCT, and the rights, laws and obligations of the parties within the scope of the provisions of the Law on the Protection of Consumers and the Regulation on the Application Principles and Procedures of Distance Contracts

ELECTRONIC COMMUNICATION AND NOTIFICATION

3. The notifications made by the parties to each other’s e-mail or telephone numbers will be considered valid.
4. BUYER’s e-mail address is deemed to be the one specified in the order form, and SELLER’s e-mail address is deemed to be the one stated on the WEBSITE.
5. SELLER shall have no liability whatsoever for failed, partial or garbled computer transmissions, any computer, telephone, cable, network, electronic or omission therein, internet accessibility or availability or traffic congestion or unauthorized human action, including errors or inaccuracies.

BILL

6. If BUYER registers on the WEBSITE, he/she will be required to choose a password and may be asked for additional information regarding your account. The customer is responsible for maintaining the confidentiality of his/her password and account information. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security and (b) exit from your account at the end of each session. You may never use another User’s account without our prior permission. SELLER is not responsible for any loss or damage arising from your failure to comply with this agreement.
7. SELLER, you consent to our use of your e-mail address to send you notifications about services and products, including those required by law. We may also use your e-mail address and phone number to send you notifications, push notifications and other messages such as changes to service features, news and special content. If you do not want to receive these e-mails, you may opt out of receiving them by sending us your withdrawal request via the contact information or by using the “unsubscribe” option in e-mails or mobile notifications. Unsubscribing may prevent you from receiving e-mails about updates, news or special content.

PAYMENT TERMS AND TIME

8. The electronic payment platforms available on the website (SELLER’s legal partner) becomes active after the sales contract is electronically approved.
9. If your payment method is declined, you will receive an error message. No charge will be made to your card and no order will be processed. There may be a pending transaction on your account until the bank that issued your card revokes the authorization. This usually takes 2 to 5 business days. Your card may be declined for a variety of reasons, including insufficient funds, an Address Verification System (AVS) mismatch, or if you entered an incorrect security code.
10. Your payment information will be processed and protected with full security and only for the purpose of processing the purchase of products. SELLER reserves the right to contract with any payment platform on the market that processes your data only for the purpose of processing the purchase of products.
11. PRODUCT is delivered to BUYER with free shipping included.
12. Although the SELLER is registered with the Chamber of Tradesmen and Craftsmen, it cannot issue an invoice for the product. BUYER accepts this and places the order.

WORK START, COMPLETION METHODS AND CONDITIONS AND DELIVERY SCHEDULE

13. The Delivery Place of the PRODUCT is the address specified by Buyer in the Order Form.
14. A 1-2 cm difference in the dimensions of PRODUCT due to the chassis. BUYER accepts this in advance.
15. Following the signing of the contract and payment of the order fee, the work will begin. PRODUCT will be received by BUYER at the address specified in the order form according to the delivery schedule given by SELLER.
16. Even if BUYER makes a payment and places an order for the date determined for delivery, he/she accepts in advance that there may be delays in delivery dates. Art is a subjective matter and may not be calculated as a date. In such a case, BUYER will be informed via e-mail.

WARRANTY PERIOD, DELIVERY AND TRANSPORTATION OF THE PRODUCT

17. PRODUCT is delivered to BUYER with transportation insurance included.
18. BUYER is responsible for checking PRODUCT upon receipt and, if he/she sees a problem with the PRODUCT caused by the cargo, not accepting PRODUCT and having a report drawn up by the CARGO company official. Otherwise, SELLER will not accept any responsibility.
19. PRODUCT is to be delivered to a person/organization other than BUYER, SELLER cannot be held responsible if the person/organization to whom PRODUCT is to be delivered does not accept the delivery.
20. BUYER is responsible for any damage or loss that may occur after delivery of PRODUCT.

CASES AND CONDITIONS WHERE EXTENSION OF TIME MAY BE GRANTED

21. The periods agreed upon by the parties in this contract and its annexes are definitive periods. No extensions will be made except for the reasons stated below.
22. BUYER; stopping all or part of the work with a written order given by BUYER, delay in the delivery of the sections where the work will be done in the work schedule by BUYER, delays that may occur due to modifications made to the Project, increase in the amount of work compared to the order price, other delay reasons caused by BUYER and in case BUYER is not at fault in these delay reasons and this situation prevents the fulfillment of the commitment, the period for part or all of the production will be extended at least by the amount of the delayed period, depending on the nature of PRODUCT.

FORCE MAJEURE

23. Force Majeure; General mobilization or mobilization declared in the city where the workplace is located, outbreak of a contagious disease in the workplace and its surroundings, declaration of legal acts and lockouts ( the announcement of BUYER or its personnel will not be taken into consideration), suspension of work by the government, suspension of work due to an earthquake in the workplace and its surroundings, flood and fire in the workplace and its surroundings, if the reasons are not caused by the fault of the supplier and prevent the fulfillment of the commitment and the performance of the work and BUYER is not able to remove this obstacle and if BUYER notifies SELLER in writing within 10 days, the period will be extended for some or all of the work depending on the nature of PRODUCT and the production program.

BUYER’S OBLIGATIONS

24. Accepts that the order form is valid in the event that BUYER’s request regarding PRODUCT ordered in accordance with this contract does not match the order form.
25. BUYER may not resell or sublicense PRODUCT to third parties without SELLER’s prior written consent. BUYER may also not edit, modify or use the files to create artwork or derivative works or products, distribute, give away or include the images as part of a final product or work.
26. Agrees to make any depiction and/or display of the Artwork in his/her home or interior in any publication, including but not limited to social media, magazines or books, with attribution to SELLER and the title of the Artwork.

MISCELLANEOUS

27. BUYER accepts that he/she has read and is informed about the basic characteristics, sales price, payment method and preliminary information regarding delivery of the products shown on the WEBSITE and that he/she has given the necessary confirmation for the sale in electronic environment.
28. SELLER reserves the right to limit the number of units reserved and purchased by each user. Aslıhan EVERDİ TUTAY also reserves the right to limit sales of our products by region or jurisdiction.
29. SELLER may, if reasonable, cancel any order or booking and may not supply the products and may change or suspend the availability of the products at any time at its sole discretion. If an order or booking is cancelled, any payment made will be refunded in full. This does not affect your statutory rights.
30. All new reservations and orders are evaluated and handled individually.
31. Changes or termination conditions can be updated on the WEBSITE. SELLER is not obliged to send notification.
32. SELLER tries to provide service as close to reality as possible. However, it does not guarantee that the product descriptions, PRODUCT prices or other content on the WEBSITE are accurate, complete, reliable, current or error-free. Product descriptions and images may vary depending on the color resolution of the user’s device screen.
33. Completion of the payment transaction via the WEBSITE and the user receiving portraits (physical products) or accessing digital products (print), SELLER grants BUYER a standard license for limited use, for personal use only, excluding the commercial license of images and digital content (Print Artwork). The right to use images and artworks, the authorized use of images in different representations or graphic works, and the commercial license may only be granted with the written permission of SELLER, which may be granted or denied at the discretion of the SELLER.
34. The advertised prices and promises are valid until updated or changed. Prices advertised for a limited period are valid until the end of the specified period.
35. For any reason after the delivery of PRODUCT, the Bank/financial institution to which the credit card used for the transaction is registered does not pay PRODUCT price to the SELLER, PRODUCT shall be returned to SELLER by BUYER within 3 days at the latest, with all expenses being borne by BUYER. All other contractual-legal rights of SELLER, including the right to pursue PRODUCT price receivable, are reserved separately and in any case. For the avoidance of doubt; deferred/installment payment opportunities provided by institutions that issue credit cards, installment cards, etc. such as banks and financial institutions are a credit and/or an installment payment opportunity provided directly by the said institution; PRODUCT sales realized within this framework and for which SELLER collects the full price are not considered installment sales for the parties to this Agreement, but are cash sales. SELLER’s legal rights in cases deemed to be sales in installments by law (including the right to terminate the contract and/or demand payment of the entire remaining debt together with default interest in case of non-payment of any of the installments) are available and reserved. In case of default by BUYER, a default interest of 5% per month will be applied.
36. SELLER of his/her requests and complaints regarding the PRODUCT and sales through SELLER communication channels in the introduction section of the Contract.

CUSTOMS PROCEDURE

37. By BUYER in the order form is subject, if the price of PRODUCT ordered exceeds the amount allowed to pass through customs without tax, the taxes and duties to be paid will be paid by BUYER.
38. SELLER does not accept any responsibility for PRODUCT that is not collected from the relevant customs by BUYER within the legal period and returned to SELLER. BUYER may request that the PRODUCT be shipped to the new address specified by paying the SELLER a new shipping fee. SELLER cannot be held responsible for the defect.

TERMINATION RIGHT OF WITHDRAWAL

39. If the BUYER has received a physical product, they have the right to return it within 7 days. The return process can be initiated through the relevant sections of the WEBSITE. If the BUYER has ordered a portrait and the SELLER has not yet started working on it, the BUYER may cancel the order. However, if the SELLER has already started the work, the BUYER accepts in advance that 10% of the paid amount will be deducted upon cancellation. This deduction is acknowledged by the BUYER as fair compensation for the Artist's time and effort.
40.If the BUYER meets the conditions for withdrawal, the return shipping cost must be covered by the BUYER. Otherwise, the return shipping fee will be deducted from the refund.

41. When the BUYER places an order based on a custom request, a confirmation email will be sent before the product is shipped. The product will only be shipped after the BUYER's approval. Custom-made orders cannot be returned. The BUYER accepts this condition in advance.

PENALTY CLAUSE

42. If it is understood that BUYER has not fulfilled its obligations in terms of copyrights, SELLER may make the necessary application to the World Intellectual Property Rights Organization (WIPO) and claim the damages incurred in accordance with legal bases (arbitration, court decision, etc.).
43. PRODUCT to BUYER in any way, does not start the production of PRODUCT or does not notify BUYER that it will not produce PRODUCT does not give notice of termination after receiving the payment, without a legal justification or force majeure, SELLER agrees to pay a penalty equal to the price of PRODUCT.

RETURN CONDITIONS

44. BUYER is broken or has any disinformation; BUYER will keep a report with the courier without opening the product and inform SELLER. If PRODUCT can be repaired by SELLER, SELLER will repair PRODUCT. If it is not possible to repair it again, SELLER will prepare a new PRODUCT with the same standards.
45. PRODUCT’s of SELLER’s since it is specially prepared after receiving approval from BUYER twice, it cannot be RETURNED.

DISPUTE RESOLUTION

46. In resolving any dispute that may arise from this Agreement and/or its implementation, SELLER records (including magnetic media records such as computer-voice records) shall constitute definitive evidence; Consumer Arbitration Committees shall be authorized up to the value declared by the Ministry of Science, Industry and Technology, and in cases exceeding this, ANKARA Consumer Courts and Enforcement Offices at the BUYER’s place of residence shall be authorized.
47. BUYER declares, accepts and undertakes that he/she has read all the conditions and explanations written in this Agreement and the order form that forms an integral part of it, and that he/she has received, reviewed and accepted all the sales conditions and other preliminary information.