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• Title: Blight Studios / Berkan Çolak
• Tax Identification Number: 2600812838 – Tax Office: Bornova
• Address: Ergene Mahallesi, 538 Sokak, No:48, Apartment:103, Bornova / İzmir / Türkiye
• E-mail: info@blightstudios.com
• Web: www.blightstudios.com
The natural or legal person who places an order electronically via the Blight Studios website and acquires the product for final use.
In this agreement; Product: works of art/sculptures of a collectible nature produced by hand upon special order and their parts/accessories; Micro Export: dispatch abroad within the scope of ETGB; Order Summary/Invoice: documents created electronically and deemed annexes to the agreement.
In interpreting the provisions, the parties’ purposes and intentions in accordance with the principle of good faith (TBK Art. 2) shall prevail. In the event of a conflict between the provisions of the agreement, clauses explicitly accepted by the parties and of a special nature shall take precedence over general provisions. The provisions in the annexes are integral parts of the main agreement.
This agreement regulates the provisions relating to the sale, production and delivery processes, warranty–after-sales support conditions, and related rights and obligations of handmade works of art, sculptures and custom-made figures produced by the Seller to order/personal specification.
The agreement has been drafted pursuant to Law No. 6502 on the Protection of Consumers, the Regulation on Distance Contracts, the Turkish Code of Obligations, the Turkish Commercial Code, Customs and Foreign Trade Legislation, and other applicable legislation in force.
The www.blightstudios.com website and the invoice are integral parts of this agreement. The Buyer declares, irrevocably, that by approving electronically all information including product characteristics, total price, payment/delivery terms, the withdrawal right exception, warranty and after-sales support, they have created the order; and that this acceptance is binding.
The agreement is formed by the Buyer’s electronic will of “confirm order” and enters into force at the same time. The confirmation screen, order summary and electronic invoice constitute conclusive evidence that the agreement has been formed.
The parties accept, as an evidence agreement, that in disputes arising from this agreement, the records kept in the Seller’s digital systems, logs, e-mail correspondence, cargo/ETGB data and accounting records shall constitute conclusive evidence within the meaning of HMK.
The person/entity stated on the invoice is a party to the agreement. The Buyer is obliged to provide identity/tax/contact and delivery information fully, accurately and up to date; otherwise they are solely responsible for delays and expenses that may arise. The Buyer cannot be under 18 years old. If a minor, the Seller will rely on the age declared by the Buyer in the agreement and shall not be held liable for the Buyer’s misstatement of age.
The products are of the nature of “custom handmade artwork”; differences inherent to handcraft are part of the product’s originality; they do not constitute defects and cannot be considered a factory standard deviation.
The products are for collection/display purposes; they are not of a toy nature, nor intended for heavy mechanical/environmental stress. The Seller shall bear no responsibility in case of non-compliance with installation and user instructions.
Each product is dispatched with a Certificate of Authenticity linked to the production batch/serial number. The certificate is of the nature of a declaration regarding the artistic quality and originality of the product.
Production is envisaged within an average of 2–10 weeks from order confirmation. Due to customization, workload, order queue, procurement and the requirements of the requested work of art, a delay may be observed.
Delivery shall be effected within 24 (twenty-four) months from the order date. Within this period, the right to extend the period by an additional 12 months by written notice is reserved. It may not exceed a total of 36 (thirty-six) months. If this period is exceeded, upon the Buyer’s request, a full refund shall be made and the agreement shall automatically terminate.
Dispatch shall be carried out via UPS, DHL, PTT, Shipentegra and/or equivalent carriers, and for overseas shipments within the scope of ETGB (micro export). Partial shipment may be made; partial shipments are deemed valid in terms of performance.
In international shipments, as of the Seller’s delivery to the carrier, the risk and liability for damage shall transfer to the Buyer and the carrier. The Buyer is obliged, at delivery, to have a damage/loss report issued, to act directly as the counterparty with the carrier as the owner of the goods and to take all necessary steps for receipt, and to notify the Seller in writing of possible delays.
All costs related to cargo, customs duties, fees/charges, warehousing and import shall be borne by the Buyer. In case of return, international cargo/service charges shall not be refunded, as performance is deemed to have been rendered.
The total price is stated in the order summary and invoice. In payments in foreign currency, the bank’s transaction exchange rate shall apply; commissions, exchange differences and swift fees are borne by the Buyer.
As a rule, production does not commence until full payment has been collected. The Seller may accept a deposit/interim payment with written approval; in such case, the remaining amount shall be collected before dispatch. After full payment, the order is placed into the production queue and produced according to the current order sequence. If the Buyer does not make full payment within 3 (Three) days from the order date, the Seller may unilaterally terminate the sale.
Statutory commercial default interest shall apply to amounts not paid on due date. Non-payment or underpayment entitles the Seller to suspend production, hold shipment and/or terminate the agreement.
The Seller reserves the right of pledge over undelivered products; set-off–netting may be applied regarding mutual receivables–debts.
The Buyer shall first inspect the goods/services subject to the agreement upon delivery, open and check them in the presence of the courier, and shall not accept from the carrier any damaged and defective goods/services such as dented, broken, torn packaging etc. Goods/services accepted shall be deemed undamaged and intact. After delivery, the responsibility for careful preservation of the goods/services lies with the Buyer. The invoice and documents on the cargo package must be kept for returns. In cases of loss/damage that may occur upon delivery to the carrier (including documents), the Buyer is obliged to have a report drawn up with the carrier and document the situation; indemnification processes are pursued before the carrier company. Any taxes/fees/charges that may arise in customs are borne by the Buyer.
Latent defects that may arise with use shall be notified to the Seller in writing within a reasonable period and in any event within 30 days following delivery, together with detailed photos/videos and technical explanation.
Non-compliance with installation/usage instructions, unauthorized intervention, impact/liquid/heat/oxidation, improper power supply etc. exclude defect claims; they may be evaluated as outside the scope of warranty.
The product is of a made-to-order/personalized nature; there is no right of withdrawal by law.
Within the framework of customer satisfaction, the Seller may:
The warranty is limited to production or material defects.
This warranty does not prejudice the consumer’s mandatory statutory rights.
Incorrect installation, improper power supply, excessive load/overheating, liquid contact, dropping/impact, unauthorized repair/modification, environmental exposures (humidity/dust/UV) are outside warranty.
Customs duties, fees/charges, warehousing and other costs arising in the country of import shall be borne by the Buyer. The Seller’s obligation is limited to producing the product in accordance with the agreement and delivering it to the carrier.
Although some countries may grant tax exemptions for goods within the scope of works of art (e.g., certain GTIP/HTS codes), application of such is at the discretion of the relevant national authority; the Seller does not guarantee exemption.
The provision of information such as tax ID/SSN/EIN/Importer ID that may be requested by UPS/DHL/PTT/Shipentegra or the relevant agent is the responsibility of the Buyer; the Seller is not responsible for delays/costs arising from incomplete declarations.
All intellectual and industrial rights over product designs, photographs, software/code/PCB designs, casting molds and audiovisual materials belong to the Seller.
Only a personal, non-commercial, non-transferable limited license is granted to the Buyer. Reproduction, leasing, public transmission, reverse engineering and creation of derivative works to third parties are prohibited.
The Seller may use visuals related to the product in portfolio/product promotion. The Buyer may request protection of identity information confidentiality with reasonable requests.
Personal data are processed in compliance with KVKK and relevant legislation for the purposes of establishing the order, production, dispatch and conducting after-sales support processes.
Data may be transferred only within the scope of legal obligations or in cases mandatory for logistics/customs processes, to the relevant institutions/business partners.
The Buyer may exercise the rights under KVKK Art. 11 regarding access/rectification/deletion/objection by applying to the Seller.
The agreement enters into force on the date the Buyer gives electronic approval. Events beyond the control of the parties such as natural disasters, war, terror, strike/lockout, legislative changes, import restrictions, customs/logistics impediments, widespread infrastructure failures are deemed force majeure.
During force majeure, the parties’ obligations are suspended; the Buyer accepts the maximum 36 months rule with knowledge. When force majeure ceases, performance continues; if impossibility of performance is proven, the refund/termination mechanism is operated.
The Seller may assign its rights arising from this agreement to its service providers/suppliers. Assignment by the Buyer is subject to the Seller’s written consent.
The invalidity of any provision shall not affect the validity of the other provisions; the closest valid provision to the intended purpose shall apply by analogy in place of the invalid provision.
The agreement forms a single whole. In case of conflict, special provisions take precedence.
Notices between the parties shall be made by written electronic notification via the e-mail addresses in the agreement. Cargo/ETGB system notifications also have the effect of service.
The e-mail declared by the Buyer at the time of order and the Seller’s corporate e-mail are designated as addresses suitable for service. Changes in contact information shall not be valid unless notified in writing; notices made to former addresses shall be deemed valid.
Turkish Law shall apply in disputes. Limitations related to private international law rules and jurisdiction agreements are reserved.
Consumer Arbitration Committees and Consumer Courts (or, where unavailable, Courts of General Jurisdiction) in İzmir province are competent.
In disputes considered commercial, the procedure of mandatory mediation as a condition of action shall be applied pursuant to Law No. 6325 HMKZ Mediation Law.
The agreement enters into force upon the Buyer’s electronic approval and binds the parties irrevocably.
The agreement may only be amended with the Seller’s written consent. Updates published on the website apply to all orders.
Failure to exercise any right shall not be deemed a waiver; the parties reserve their rights.
Seller:
Blight Studios / Berkan Çolak – Bornova / İzmir / Türkiye
E-mail: info@blightstudios.com
